1 | A bill to be entitled |
2 | An act relating to homestead property assessments; |
3 | amending s. 193.155, F.S.; providing additional |
4 | limitations on annual changes in assessments of homestead |
5 | real property; providing an effective date. |
6 |
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7 | Be It Enacted by the Legislature of the State of Florida: |
8 |
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9 | Section 1. Section 193.155, Florida Statutes, is amended |
10 | to read: |
11 | 193.155 Homestead assessments.--Homestead property shall |
12 | be assessed at just value as of January 1, 1994. Property |
13 | receiving the homestead exemption after January 1, 1994, shall |
14 | be assessed at just value as of January 1 of the year in which |
15 | the property receives the exemption. |
16 | (1) Beginning in 1995, or the year after following the |
17 | year the property receives a homestead exemption, whichever is |
18 | later, the property shall be reassessed annually on January 1 as |
19 | follows: |
20 | (a) If the just value of the homestead property decreases |
21 | from the prior year, the change in the assessment shall decrease |
22 | by the percentage decrease in just value. |
23 | (b) If the just value of the homestead property remains |
24 | the same from the prior year, the assessment shall not change. |
25 | (c) If the just value of the homestead property increases |
26 | from the prior year, the. Any change resulting from such |
27 | reassessment shall not exceed the lower of the following: |
28 | 1.(a) Three percent of the assessed value of the property |
29 | for the prior year; or |
30 | 2.(b) The percentage change in the Consumer Price Index |
31 | for All Urban Consumers, U.S. City Average, all items 1967=100, |
32 | or successor reports for the preceding calendar year as |
33 | initially reported by the United States Department of Labor, |
34 | Bureau of Labor Statistics. |
35 | (2) If the assessed value of the property as calculated |
36 | under subsection (1) exceeds the just value, the assessed value |
37 | of the property shall be lowered to the just value of the |
38 | property. |
39 | (3) Except as provided in this subsection, property |
40 | assessed under this section shall be assessed at just value as |
41 | of January 1 of the year following a change of ownership. |
42 | Thereafter, the annual changes in the assessed value of the |
43 | property are subject to the limitations in subsections (1) and |
44 | (2). For the purpose of this section, a change in ownership |
45 | means any sale, foreclosure, or transfer of legal title or |
46 | beneficial title in equity to any person, except as provided in |
47 | this subsection. There is no change of ownership if: |
48 | (a) Subsequent to the change or transfer, the same person |
49 | is entitled to the homestead exemption as was previously |
50 | entitled and: |
51 | 1. The transfer of title is to correct an error; |
52 | 2. The transfer is between legal and equitable title; or |
53 | 3. The change or transfer is by means of an instrument in |
54 | which the owner is listed as both grantor and grantee of the |
55 | real property and one or more other individuals are additionally |
56 | named as grantee. However, if any individual who is additionally |
57 | named as a grantee applies for a homestead exemption on the |
58 | property, the application shall be considered a change of |
59 | ownership; |
60 | (b) The transfer is between husband and wife, including a |
61 | transfer to a surviving spouse or a transfer due to a |
62 | dissolution of marriage; |
63 | (c) The transfer occurs by operation of law under s. |
64 | 732.4015; or |
65 | (d) Upon the death of the owner, the transfer is between |
66 | the owner and another who is a permanent resident and is legally |
67 | or naturally dependent upon the owner. |
68 | (4)(a) Except as provided in paragraph (b), changes, |
69 | additions, or improvements to homestead property shall be |
70 | assessed at just value as of the first January 1 after the |
71 | changes, additions, or improvements are substantially completed. |
72 | (b) Changes, additions, or improvements that replace all |
73 | or a portion of homestead property damaged or destroyed by |
74 | misfortune or calamity shall not increase the homestead |
75 | property's assessed value when the square footage of the |
76 | homestead property as changed or improved does not exceed 110 |
77 | percent of the square footage of the homestead property before |
78 | the damage or destruction. Additionally, the homestead |
79 | property's assessed value shall not increase if the total square |
80 | footage of the homestead property as changed or improved does |
81 | not exceed 1,500 square feet. Changes, additions, or |
82 | improvements that do not cause the total to exceed 110 percent |
83 | of the total square footage of the homestead property before the |
84 | damage or destruction or that do not cause the total to exceed |
85 | 1,500 total square feet shall be reassessed as provided under |
86 | subsection (1). The homestead property's assessed value shall be |
87 | increased by the just value of that portion of the changed or |
88 | improved homestead property which is in excess of 110 percent of |
89 | the square footage of the homestead property before the damage |
90 | or destruction or of that portion exceeding 1,500 square feet. |
91 | Homestead property damaged or destroyed by misfortune or |
92 | calamity which, after being changed or improved, has a square |
93 | footage of less than 100 percent of the homestead property's |
94 | total square footage before the damage or destruction shall be |
95 | assessed pursuant to subsection (5). This paragraph applies to |
96 | changes, additions, or improvements commenced within 3 years |
97 | after the January 1 following the damage or destruction of the |
98 | homestead. |
99 | (c) Changes, additions, or improvements that replace all |
100 | or a portion of real property that was damaged or destroyed by |
101 | misfortune or calamity shall be assessed upon substantial |
102 | completion as if such damage or destruction had not occurred and |
103 | in accordance with paragraph (b) if the owner of such property: |
104 | 1. Was permanently residing on such property when the |
105 | damage or destruction occurred; |
106 | 2. Was not entitled to receive homestead exemption on such |
107 | property as of January 1 of that year; and |
108 | 3. Applies for and receives homestead exemption on such |
109 | property the following year. |
110 | (d) Changes, additions, or improvements include |
111 | improvements made to common areas or other improvements made to |
112 | property other than to the homestead property by the owner or by |
113 | an owner association, which improvements directly benefit the |
114 | homestead property. Such changes, additions, or improvements |
115 | shall be assessed at just value, and the just value shall be |
116 | apportioned among the parcels benefiting from the improvement. |
117 | (5) When property is destroyed or removed and not |
118 | replaced, the assessed value of the parcel shall be reduced by |
119 | the assessed value attributable to the destroyed or removed |
120 | property. |
121 | (6) Only property that receives a homestead exemption is |
122 | subject to this section. No portion of property that is assessed |
123 | solely on the basis of character or use pursuant to s. 193.461 |
124 | or s. 193.501, or assessed pursuant to s. 193.505, is subject to |
125 | this section. When property is assessed under s. 193.461, s. |
126 | 193.501, or s. 193.505 and contains a residence under the same |
127 | ownership, the portion of the property consisting of the |
128 | residence and curtilage must be assessed separately, pursuant to |
129 | s. 193.011, for the assessment to be subject to the limitation |
130 | in this section. |
131 | (7) If a person received a homestead exemption limited to |
132 | that person's proportionate interest in real property, the |
133 | provisions of this section apply only to that interest. |
134 | (8) Erroneous assessments of homestead property assessed |
135 | under this section may be corrected in the following manner: |
136 | (a) If errors are made in arriving at any assessment under |
137 | this section due to a material mistake of fact concerning an |
138 | essential characteristic of the property, the just value and |
139 | assessed value must be recalculated for every such year, |
140 | including the year in which the mistake occurred. |
141 | (b) If changes, additions, or improvements are not |
142 | assessed at just value as of the first January 1 after they were |
143 | substantially completed, the property appraiser shall determine |
144 | the just value for such changes, additions, or improvements for |
145 | the year they were substantially completed. Assessments for |
146 | subsequent years shall be corrected, applying this section if |
147 | applicable. |
148 | (c) If back taxes are due pursuant to s. 193.092, the |
149 | corrections made pursuant to this subsection shall be used to |
150 | calculate such back taxes. |
151 | (9) If the property appraiser determines that for any year |
152 | or years within the prior 10 years a person who was not entitled |
153 | to the homestead property assessment limitation granted under |
154 | this section was granted the homestead property assessment |
155 | limitation, the property appraiser making such determination |
156 | shall record in the public records of the county a notice of tax |
157 | lien against any property owned by that person in the county, |
158 | and such property must be identified in the notice of tax lien. |
159 | Such property that is situated in this state is subject to the |
160 | unpaid taxes, plus a penalty of 50 percent of the unpaid taxes |
161 | for each year and 15 percent interest per annum. However, when a |
162 | person entitled to exemption pursuant to s. 196.031 |
163 | inadvertently receives the limitation pursuant to this section |
164 | following a change of ownership, the assessment of such property |
165 | must be corrected as provided in paragraph (8)(a), and the |
166 | person need not pay the unpaid taxes, penalties, or interest. |
167 | Section 2. This act shall take effect January 1, 2009. |