Senate Bill sb0890

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    Florida Senate - 2007                                   SB 890

    By Senator Posey





    24-386-07

  1                      A bill to be entitled

  2         An act relating to ad valorem taxation;

  3         amending s. 193.155, F.S.; applying to all real

  4         property the limitations on the annual increase

  5         in property assessments, which limitations

  6         presently apply only to homestead property;

  7         providing a contingent effective date.

  8  

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

10  

11         Section 1.  Section 193.155, Florida Statutes, is

12  amended to read:

13         193.155  Real-property Homestead

14  assessments.--Homestead property shall be assessed at just

15  value as of January 1, 1994. Property receiving the homestead

16  exemption after January 1, 1994, shall be assessed at just

17  value as of January 1 of the year in which the property

18  receives the exemption. Real property other than homestead

19  property shall be assessed at just value as of January 1,

20  2010.

21         (1)  If the property appraiser determines, on the basis

22  of market data, that reassessment is necessary, beginning in

23  1995, or the year following the year the property receives

24  homestead exemption, whichever is later, the property shall be

25  reassessed annually on January 1, and, beginning in 2011, real

26  property that is not homestead property shall be reassessed

27  annually on January 1. Any change resulting from such

28  reassessment shall not exceed the lower of the following:

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

30  property for the prior year; or

31  

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    Florida Senate - 2007                                   SB 890
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 1         (b)  The percentage change in the Consumer Price Index

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

 3  1967=100, or successor reports for the preceding calendar year

 4  as initially reported by the United States Department of

 5  Labor, Bureau of Labor Statistics.

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

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

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

 9  value of the property.

10         (3)  Except as provided in this subsection, real

11  property assessed under this section shall be assessed at just

12  value as of January 1 of the year following a change of

13  ownership. Thereafter, the annual changes in the assessed

14  value of the property are subject to the limitations in

15  subsections (1) and (2). For the purpose of this section, a

16  change in ownership means any sale, foreclosure, or transfer

17  of legal title or beneficial title in equity to any person,

18  except as provided in this subsection. With respect to

19  homestead property only, 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;

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

25  or

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

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

28  the real property and one or more other individuals are

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

30  is additionally named as a grantee applies for a homestead

31  

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    Florida Senate - 2007                                   SB 890
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 1  exemption on the property, the application shall be considered

 2  a change of ownership;

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

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

 5  to a dissolution of marriage;

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

 7  732.4015; or

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

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

10  is legally or naturally dependent upon the owner.

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

12  additions, or improvements to real homestead property shall be

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

14  changes, additions, or improvements are substantially

15  completed.

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

17  all or a portion of real homestead property damaged or

18  destroyed by misfortune or calamity shall not increase the

19  real homestead property's assessed value when the square

20  footage of the real homestead property as changed or improved

21  does not exceed 110 percent of the square footage of the real

22  homestead property before the damage or destruction.

23  Additionally, the real homestead property's assessed value

24  shall not increase if the total square footage of the real

25  homestead property as changed or improved does not exceed

26  1,500 square feet. Changes, additions, or improvements that do

27  not cause the total to exceed 110 percent of the total square

28  footage of the real homestead property before the damage or

29  destruction or that do not cause the total to exceed 1,500

30  total square feet shall be reassessed as provided under

31  subsection (1). The real homestead property's assessed value

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    Florida Senate - 2007                                   SB 890
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 1  shall be increased by the just value of that portion of the

 2  changed or improved real homestead property which is in excess

 3  of 110 percent of the square footage of the real homestead

 4  property before the damage or destruction or of that portion

 5  exceeding 1,500 square feet. Real Homestead property damaged

 6  or destroyed by misfortune or calamity which, after being

 7  changed or improved, has a square footage of less than 100

 8  percent of the homestead property's total square footage

 9  before the damage or destruction shall be assessed pursuant to

10  subsection (5). This paragraph applies to changes, additions,

11  or improvements commenced within 3 years after the January 1

12  following the damage or destruction of the property homestead.

13         (c)  Changes, additions, or improvements that replace

14  all or a portion of real property that was damaged or

15  destroyed by misfortune or calamity shall be assessed upon

16  substantial completion as if such damage or destruction had

17  not occurred and in accordance with paragraph (b). if the

18  owner of such property:

19         1.  Was permanently residing on such property when the

20  damage or destruction occurred;

21         2.  Was not entitled to receive homestead exemption on

22  such property as of January 1 of that year; and

23         3.  Applies for and receives homestead exemption on

24  such property the following year.

25         (d)  Changes, additions, or improvements include

26  improvements made to common areas or other improvements made

27  to property other than to the owner's real homestead property

28  by the owner or by an owner association, which improvements

29  directly benefit the owner's real homestead property. Such

30  changes, additions, or improvements shall be assessed at just

31  

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    Florida Senate - 2007                                   SB 890
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 1  value, and the just value shall be apportioned among the

 2  parcels benefiting from the improvement.

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

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

 5  the assessed value attributable to the destroyed or removed

 6  property.

 7         (6)  Only property that receives a homestead exemption

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

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

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

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

12  193.461, s. 193.501, or s. 193.505 and contains a residence

13  under the same ownership, the portion of the property

14  consisting of the residence and curtilage must be assessed

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

16  subject to the limitation in this section.

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

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

19  provisions of this section apply only to that interest.

20         (6)(8)  Erroneous assessments of real homestead

21  property assessed under this section may be corrected in the

22  following manner:

23         (a)  If errors are made in arriving at any assessment

24  under this section due to a material mistake of fact

25  concerning an essential characteristic of the property, the

26  just value and assessed value must be recalculated for every

27  such year, including the year in which the mistake occurred.

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

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

30  were substantially completed, the property appraiser shall

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

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    Florida Senate - 2007                                   SB 890
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 1  improvements for the year they were substantially completed.

 2  Assessments for subsequent years shall be corrected, applying

 3  this section if applicable.

 4         (c)  If back taxes are due pursuant to s. 193.092, the

 5  corrections made pursuant to this subsection shall be used to

 6  calculate such back taxes.

 7         (7)(9)  If the property appraiser determines that for

 8  any year or years within the prior 10 years a person who was

 9  not entitled to the homestead property assessment limitation

10  granted under this section was granted the homestead property

11  assessment limitation, the property appraiser making such

12  determination shall record in the public records of the county

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

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

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

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

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

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

19  exemption pursuant to s. 196.031 inadvertently receives the

20  limitation pursuant to this section following a change of

21  ownership, the assessment of such property must be corrected

22  as provided in paragraph (6)(a) (8)(a), and the person need

23  not pay the unpaid taxes, penalties, or interest.

24         Section 2.  This act shall take effect on the effective

25  date of an amendment to Section 4 of Article VII of the State

26  Constitution which applies limitations on assessments of real

27  property to all real property rather than to homestead

28  property only.

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    Florida Senate - 2007                                   SB 890
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Applies to all real property the limitations on the
      annual increase in property assessments which presently
 4    apply only to homestead property under the provision
      commonly known as the "Save Our Homes" amendment.
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