Amendment
Bill No. 0001B
Amendment No. 039119
CHAMBER ACTION
Senate House
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1Representative(s) Cannon offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 764-922, and insert:
5     (2)  Homestead property shall continue to be assessed under
6the provisions of s. 4(c), Art. VII of the State Constitution,
7pursuant to s. 27, Art. XII of the State Constitution, until the
8owner of the homestead property makes an irrevocable election to
9no longer have the homestead assessed under s. 4(c), Art. VII of
10the State Constitution. After the owner makes an irrevocable
11election, the homestead may not be assessed under the provisions
12of s. 4(c), Art. VII of the State Constitution.
13     (3)(2)  If the assessed value of the property as calculated
14under subsection (1) exceeds the just value, the assessed value
15of the property shall be lowered to the just value of the
16property.
17     (4)(3)  Except as provided in this subsection, Property
18assessed under this section shall be assessed at just value as
19of January 1 of the year following a change of ownership and is
20not eligible for assessment under this section. Thereafter, the
21annual changes in the assessed value of the property are subject
22to the limitations in subsections (1) and (2). For the purpose
23of this section, a change in ownership means any sale,
24foreclosure, or transfer of legal title or beneficial title in
25equity to any person, except as provided in this subsection.
26There is no change of ownership if:
27     (a)  Subsequent to the change or transfer, the same person
28is entitled to the homestead exemption as was previously
29entitled and:
30     1.  The transfer of title is to correct an error;
31     2.  The transfer is between legal and equitable title; or
32     3.  The change or transfer is by means of an instrument in
33which the owner is listed as both grantor and grantee of the
34real property and one or more other individuals are additionally
35named as grantee. However, if any individual who is additionally
36named as a grantee applies for a homestead exemption on the
37property, the application shall be considered a change of
38ownership;
39     (b)  The transfer is between husband and wife, including a
40transfer to a surviving spouse or a transfer due to a
41dissolution of marriage;
42     (c)  The transfer occurs by operation of law under s.
43732.4015; or
44     (d)  Upon the death of the owner, the transfer is between
45the owner and another who is a permanent resident and is legally
46or naturally dependent upon the owner.
47     (5)(4)(a)  Except as provided in paragraph (b), changes,
48additions, or improvements to homestead property shall be
49assessed at just value as of the first January 1 after the
50changes, additions, or improvements are substantially completed.
51     (b)  Changes, additions, or improvements that replace all
52or a portion of homestead property damaged or destroyed by
53misfortune or calamity shall not increase the homestead
54property's assessed value when the square footage of the
55homestead property as changed or improved does not exceed 110
56percent of the square footage of the homestead property before
57the damage or destruction. Additionally, the homestead
58property's assessed value shall not increase if the total square
59footage of the homestead property as changed or improved does
60not exceed 1,500 square feet. Changes, additions, or
61improvements that do not cause the total to exceed 110 percent
62of the total square footage of the homestead property before the
63damage or destruction or that do not cause the total to exceed
641,500 total square feet shall be reassessed as provided under
65subsection (1). The homestead property's assessed value shall be
66increased by the just value of that portion of the changed or
67improved homestead property which is in excess of 110 percent of
68the square footage of the homestead property before the damage
69or destruction or of that portion exceeding 1,500 square feet.
70Homestead property damaged or destroyed by misfortune or
71calamity which, after being changed or improved, has a square
72footage of less than 100 percent of the homestead property's
73total square footage before the damage or destruction shall be
74assessed pursuant to subsection (6) (5). This paragraph applies
75to changes, additions, or improvements commenced within 3 years
76after the January 1 following the damage or destruction of the
77homestead.
78     (c)  Changes, additions, or improvements that replace all
79or a portion of real property that was damaged or destroyed by
80misfortune or calamity shall be assessed upon substantial
81completion as if such damage or destruction had not occurred and
82in accordance with paragraph (b) if the owner of such property:
83     1.  Was permanently residing on such property when the
84damage or destruction occurred;
85     2.  Was not entitled to receive homestead exemption on such
86property as of January 1 of that year; and
87     3.  Applies for and receives homestead exemption on such
88property the following year.
89     (d)  Changes, additions, or improvements include
90improvements made to common areas or other improvements made to
91property other than to the homestead property by the owner or by
92an owner association, which improvements directly benefit the
93homestead property. Such changes, additions, or improvements
94shall be assessed at just value, and the just value shall be
95apportioned among the parcels benefiting from the improvement.
96     (6)(5)  When property is destroyed or removed and not
97replaced, the assessed value of the parcel shall be reduced by
98the assessed value attributable to the destroyed or removed
99property.
100     (7)(6)  Only property that receives a homestead exemption
101is subject to this section. No portion of property that is
102assessed solely on the basis of character or use pursuant to s.
103193.461 or s. 193.501, or assessed pursuant to s. 193.505, is
104subject to this section. When property is assessed under s.
105193.461, s. 193.501, or s. 193.505 and contains a residence
106under the same ownership, the portion of the property consisting
107of the residence and curtilage must be assessed separately,
108pursuant to s. 193.011, for the assessment to be subject to the
109limitation in this section.
110     (8)(7)  If a person received a homestead exemption limited
111to that person's proportionate interest in real property, the
112provisions of this section apply only to that interest.
113     (9)(8)  Erroneous assessments of homestead property
114assessed under this section may be corrected in the following
115manner:
116     (a)  If errors are made in arriving at any assessment under
117this section due to a material mistake of fact concerning an
118essential characteristic of the property, the just value and
119assessed value must be recalculated for every such year,
120including the year in which the mistake occurred.
121     (b)  If changes, additions, or improvements are not
122assessed at just value as of the first January 1 after they were
123substantially completed, the property appraiser shall determine
124the just value for such changes, additions, or improvements for
125the year they were substantially completed. Assessments for
126subsequent years shall be corrected, applying this section if
127applicable.
128     (c)  If back taxes are due pursuant to s. 193.092, the
129corrections made pursuant to this subsection shall be used to
130calculate such back taxes.
131     (10)(9)  If the property appraiser determines that for any
132year or years within the prior 10 years a person who was not
133entitled to the homestead property assessment limitation granted
134under this section was granted the homestead property assessment
135limitation, the property appraiser making such determination
136shall record in the public records of the county a notice of tax
137lien against any property owned by that person in the county,
138and such property must be identified in the notice of tax lien.
139Such property that is situated in this state is subject to the
140unpaid taxes, plus a penalty of 50 percent of the unpaid taxes
141for each year and 15 percent interest per annum. However, when a
142person entitled to exemption pursuant to s. 196.031
143inadvertently receives the limitation pursuant to this section
144following a change of ownership, the assessment of such property
145must be corrected as provided in paragraph (9)(8)(a), and the
146person need not pay the unpaid taxes, penalties, or interest.
147     Section 14.  Section 193.1551, Florida Statutes, is amended
148to read:
149     193.1551  Assessment of certain homestead property damaged
150in 2004 named storms.--Notwithstanding the provisions of s.
151193.155(5)(4), the assessment at just value for changes,
152additions,
153
154======== T I T L E  A M E N D M E N T ========
155     Remove lines 68-71, and insert:
156Constitution; amending s.


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