Senate Bill sb7028pb

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7028

    FOR CONSIDERATION By the Committee on Government Efficiency
    Appropriations




    593-467-06

  1                      A bill to be entitled

  2         An act relating to property taxation; amending

  3         s. 193.155, F.S.; providing conditions under

  4         which changes, additions, or improvements that

  5         replace all or a portion of homestead property

  6         damaged or destroyed by misfortune or calamity

  7         shall not be assessed at just value; providing

  8         for assessment of replaced homestead property

  9         and property damaged or destroyed by misfortune

10         or calamity; amending s. 196.031, F.S.;

11         providing conditions under which homestead

12         property that is damaged or destroyed by

13         misfortune or calamity and is uninhabitable on

14         January 1 after the damage or destruction

15         occurs may be granted the homestead exemption;

16         providing for retroactive application;

17         providing an effective date.

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

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21         Section 1.  Subsection (4) of section 193.155, Florida

22  Statutes, is amended to read:

23         193.155  Homestead assessments.--Homestead property

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

25  Property receiving the homestead exemption after January 1,

26  1994, shall be assessed at just value as of January 1 of the

27  year in which the property receives the exemption.

28         (4)(a)  Except as provided in paragraph (b), changes,

29  additions, or improvements to homestead property shall be

30  assessed at just value as of the first January 1 after the

31  

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7028
    593-467-06




 1  changes, additions, or improvements are substantially

 2  completed.

 3         (b)  Changes, additions, or improvements that replace

 4  all or do not include replacement of a portion of real

 5  property damaged or destroyed by misfortune or calamity shall

 6  not increase assessed value when the just value of the damaged

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

 8  of the just value of the damaged or destroyed portion.

 9  Assessed value shall be increased by the just value of any

10  replaced real property, or portion thereof, which is in excess

11  of 125 percent of the just value of the damaged or destroyed

12  property shall be deemed to be a change, addition, or

13  improvement. For purposes of determing assessed value pursuant

14  to this paragraph, the just value of the replaced property

15  shall be determined as of January 1 of the year following the

16  replacement, and the just value of the damaged or destroyed

17  portion shall be determined as if it still existed on January

18  1 of the year following its replacement. Replaced real

19  property that has with a just value of less than 100 percent

20  of the original property's just value before the damage or

21  destruction shall be assessed pursuant to subsection (5).

22         (c)  Changes, additions, or improvements include

23  improvements made to common areas or other improvements made

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

25  or by an owner association, which improvements directly

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

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

28  value shall be apportioned among the parcels benefiting from

29  the improvement.

30         Section 2.  Subsection (7) is added to section 196.031,

31  Florida Statutes, to read:

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7028
    593-467-06




 1         196.031  Exemption of homesteads.--

 2         (7)  When homestead property is damaged or destroyed by

 3  misfortune or calamity and the property is uninhabitable on

 4  January 1 after the damage or destruction occurs, the

 5  homestead exemption may be granted if the property is

 6  otherwise qualified and if the property owner notifies the

 7  property appraiser that he or she intends to repair or rebuild

 8  the property and live in it as his or her primary residence

 9  after it is repaired or rebuilt and does not claim a homestead

10  exemption on any other property or otherwise violate this

11  section while the repairs are being made.

12         Section 3.  This act shall take effect upon becoming a

13  law and shall apply retroactively to January 1, 2006.

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16                          SENATE SUMMARY

17    Provides for determining the assessed value of damaged or
      destroyed property as if it still existed on January 1 of
18    the year following its replacement. Provides for a
      property owner to claim the homestead exemption for
19    property that the owner intends to repair or rebuild and
      live in as a residence.
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