Senate Bill sb2794

    Florida Senate - 2004                                  SB 2794

    By Senator Constantine





    22-995-04

  1                      A bill to be entitled

  2         An act relating to homestead assessments;

  3         amending s. 193.155, F.S.; providing an

  4         additional set of circumstances in which a

  5         transfer of title to real property occurs but

  6         there is no concomitant change of ownership for

  7         the purpose of assessing the property value;

  8         providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (3) of section 193.155, Florida

13  Statutes, is amended to read:

14         193.155  Homestead assessments.--Homestead property

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

16  Property receiving the homestead exemption after January 1,

17  1994, shall be assessed at just value as of January 1 of the

18  year in which the property receives the exemption.

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

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

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

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

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

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

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

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

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

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

29  person is entitled to the homestead exemption as was

30  previously entitled and:

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

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






    Florida Senate - 2004                                  SB 2794
    22-995-04




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

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

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

 4  to a dissolution of marriage;

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

 6  732.4015; or

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

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

 9  is legally or naturally dependent upon the owner; or.

10         (e)  The transfer adds new owners to the existing

11  ownership, the new owners do not apply for or claim homestead

12  exemption, and the original owner who claimed the homestead

13  exemption continues to qualify for the exemption.

14         Section 2.  This act shall take effect upon becoming a

15  law.

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18                          SENATE SUMMARY

19    Provides that, for purposes of assessing the value of
      homestead property, a change of ownership does not occur
20    if a transfer of title adds new owners who do not claim a
      homestead exemption and the original owner continues to
21    qualify for the exemption.

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