Senate Bill sb0264c1

    Florida Senate - 2006                            CS for SB 264

    By the Committee on Government Efficiency Appropriations; and
    Senator Fasano




    593-1376-06

  1                      A bill to be entitled

  2         An act relating to homestead assessments;

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

  4         additional criterion for determining no change

  5         in ownership of homestead property for

  6         homestead assessment purposes; specifying a

  7         condition for a change in ownership; providing

  8         an effective date.

  9  

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

11  

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 - 2006                            CS for SB 264
    593-1376-06




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

 2  or

 3         3.  The change or transfer is by means of an instrument

 4  in which the owner is listed as both grantor and grantee of

 5  the real property and one or more other individuals are

 6  additionally named as grantee. However, if any individual who

 7  is additionally named as a grantee applies for a homestead

 8  exemption on the property, the application shall be considered

 9  a change of ownership;

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

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

12  to a dissolution of marriage;

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

14  732.4015; or

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

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

17  is legally or naturally dependent upon the owner.

18         Section 2.  This act shall take effect July 1, 2006.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                              SB 264

22                                 

23  The committee substitute clarifies the conditions that must be
    satisfied to add another person to a title to homestead
24  property without triggering a change in ownership.

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