CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 290, 1st Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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  9

10  ______________________________________________________________

11  Representative(s) Melvin offered the following:

12

13         Amendment (with title amendment) 

14         On page 2, between lines 15 & 16,

15

16  insert:

17         Section 2.  Section 193.155, Florida Statutes, is

18  amended to read:

19         193.155  Homestead assessments.--Homestead property

20  shall be assessed at just value as of January 1, 1994.

21  Property receiving the homestead exemption after January 1,

22  1994, shall be assessed at just value as of January 1 of the

23  year in which the property receives the exemption. Thereafter,

24  determination of the assessed value of the property is subject

25  to the following provisions:

26         (1)  Beginning in 1995, or the year following the year

27  the property receives homestead exemption, whichever is later,

28  the property shall be reassessed annually on January 1. Any

29  change resulting from such reassessment shall not exceed the

30  lower of the following:

31         (a)  Three percent of the assessed value of the

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    File original & 9 copies    05/03/00
    hbd0001                     11:02 am         00290-0004-922105




                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 290, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  property for the prior year; or

  2         (b)  The percentage change in the Consumer Price Index

  3  for All Urban Consumers, U.S. City Average, all items

  4  1967=100, or successor reports for the preceding calendar year

  5  as initially reported by the United States Department of

  6  Labor, Bureau of Labor Statistics.

  7         (2)  If the assessed value of the property as

  8  calculated under subsection (1) exceeds the just value, the

  9  assessed value of the property shall be lowered to the just

10  value of the property.

11         (3)  Except as provided in this subsection, property

12  assessed under this section shall be assessed at just value as

13  of January 1 of the year following a change of ownership.

14  Thereafter, the annual changes in the assessed value of the

15  property are subject to the limitations in subsections (1) and

16  (2). For the purpose of this section, a change in ownership

17  means any sale, foreclosure, or transfer of legal title or

18  beneficial title in equity to any person, except as provided

19  in this subsection. There is no change of ownership if:

20         (a)  Subsequent to the change or transfer, the same

21  person is entitled to the homestead exemption as was

22  previously entitled and:

23         1.  The transfer of title is to correct an error; or

24         2.  The transfer is between legal and equitable title;

25         (b)  The transfer is between husband and wife,

26  including a transfer to a surviving spouse or a transfer due

27  to a dissolution of marriage;

28         (c)  The transfer occurs by operation of law under s.

29  732.4015; or

30         (d)  Upon the death of the owner, the transfer is

31  between the owner and another who is a permanent resident and

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 290, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  is legally or naturally dependent upon the owner.

  2         (4)(a)  Changes, additions, or improvements to

  3  homestead property shall be assessed at just value as of the

  4  first January 1 after the changes, additions, or improvements

  5  are substantially completed.

  6         (b)  Changes, additions, or improvements do not include

  7  replacement of a portion of real property damaged or destroyed

  8  by misfortune or calamity when the just value of the damaged

  9  or destroyed portion as replaced is not more than 125 percent

10  of the just value of the damaged or destroyed portion. The

11  value of any replaced real property, or portion thereof, which

12  is in excess of 125 percent of the just value of the damaged

13  or destroyed property shall be deemed to be a change,

14  addition, or improvement. Replaced real property with a just

15  value of less than 100 percent of the original property's just

16  value shall be assessed pursuant to subsection (5).

17         (c)  Changes, additions, or improvements include

18  improvements made to common areas or other improvements made

19  to property other than to the homestead property by the owner

20  or by an owner association, which improvements directly

21  benefit the homestead property. Such changes, additions, or

22  improvements shall be assessed at just value, and the just

23  value shall be apportioned among the parcels benefiting from

24  the improvement.

25         (5)  When property is destroyed or removed and not

26  replaced, the assessed value of the parcel shall be reduced by

27  the assessed value attributable to the destroyed or removed

28  property.

29         (6)  Only property that receives a homestead exemption

30  is subject to this section. No portion of property that is

31  assessed solely on the basis of character or use pursuant to

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 290, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  s. 193.461 or s. 193.501, or assessed pursuant to s. 193.505,

  2  is subject to this section. When property is assessed under s.

  3  193.461, s. 193.501, or s. 193.505 and contains a residence

  4  under the same ownership, the portion of the property

  5  consisting of the residence and curtilage must be assessed

  6  separately, pursuant to s. 193.011, for the assessment to be

  7  subject to the limitation in this section.

  8         (7)  If a person received a homestead exemption limited

  9  to that person's proportionate interest in real property, the

10  provisions of this section apply only to that interest.

11         (8)  Erroneous assessments of homestead property

12  assessed under this section may be corrected in the following

13  manner:

14         (a)  If errors are made in arriving at any annual

15  assessment under this section due to a material mistake of

16  fact concerning an essential characteristic of the property,

17  the just value and assessed value assessment must be

18  recalculated for every such year, including the year in which

19  the mistake occurred.

20         (b)  If changes, additions, or improvements are not

21  assessed at just value as of the first January 1 after they

22  were substantially completed, the property appraiser shall

23  determine the just value for such changes, additions, or

24  improvements for the year they were substantially completed.

25  Assessments for subsequent years shall be corrected, applying

26  this section if applicable.

27

28  If back taxes are due pursuant to s. 193.092, the corrections

29  made pursuant to this subsection shall be used to calculate

30  such back taxes.

31         (9)  If the property appraiser determines that for any

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                                                   HOUSE AMENDMENT

                                  Bill No. CS for SB 290, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  year or years within the prior 10 years a person who was not

  2  entitled to the homestead property assessment limitation

  3  granted under this section was granted the homestead property

  4  assessment limitation, the property appraiser making such

  5  determination shall record in the public records of the county

  6  a notice of tax lien against any property owned by that person

  7  in the county, and such property must be identified in the

  8  notice of tax lien. Such property that is situated in this

  9  state is subject to the unpaid taxes, plus a penalty of 50

10  percent of the unpaid taxes for each year and 15 percent

11  interest per annum. However, when a person entitled to

12  exemption pursuant to s. 196.031 inadvertently receives the

13  limitation pursuant to this section following a change of

14  ownership, the assessment of such property must be corrected

15  as provided in paragraph (8)(a), and the person need not pay

16  the unpaid taxes, penalties, or interest.

17

18

19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         On page 1, line 7, after the semicolon

22

23  insert:

24         amending s. 193.155, F.S.; revising language

25         with respect to homestead assessments;

26         providing for recalculation with respect to

27         certain assessments;

28

29

30

31

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