HB 1279

1
A bill to be entitled
2An act relating to homestead property assessments;
3amending s. 193.155, F.S.; providing additional
4limitations on annual changes in assessments of homestead
5real property; providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Section 193.155, Florida Statutes, is amended
10to read:
11     193.155  Homestead assessments.--Homestead property shall
12be assessed at just value as of January 1, 1994. Property
13receiving the homestead exemption after January 1, 1994, shall
14be assessed at just value as of January 1 of the year in which
15the property receives the exemption.
16     (1)  Beginning in 1995, or the year after following the
17year the property receives a homestead exemption, whichever is
18later, the property shall be reassessed annually on January 1 as
19follows:
20     (a)  If the just value of the homestead property decreases
21from the prior year, the change in the assessment shall decrease
22by the percentage decrease in just value.
23     (b)  If the just value of the homestead property remains
24the same from the prior year, the assessment shall not change.
25     (c)  If the just value of the homestead property increases
26from the prior year, the. Any change resulting from such
27reassessment shall not exceed the lower of the following:
28     1.(a)  Three percent of the assessed value of the property
29for the prior year; or
30     2.(b)  The percentage change in the Consumer Price Index
31for All Urban Consumers, U.S. City Average, all items 1967=100,
32or successor reports for the preceding calendar year as
33initially reported by the United States Department of Labor,
34Bureau of Labor Statistics.
35     (2)  If the assessed value of the property as calculated
36under subsection (1) exceeds the just value, the assessed value
37of the property shall be lowered to the just value of the
38property.
39     (3)  Except as provided in this subsection, property
40assessed under this section shall be assessed at just value as
41of January 1 of the year following a change of ownership.
42Thereafter, the annual changes in the assessed value of the
43property are subject to the limitations in subsections (1) and
44(2). For the purpose of this section, a change in ownership
45means any sale, foreclosure, or transfer of legal title or
46beneficial title in equity to any person, except as provided in
47this subsection. There is no change of ownership if:
48     (a)  Subsequent to the change or transfer, the same person
49is entitled to the homestead exemption as was previously
50entitled 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
54which the owner is listed as both grantor and grantee of the
55real property and one or more other individuals are additionally
56named as grantee. However, if any individual who is additionally
57named as a grantee applies for a homestead exemption on the
58property, the application shall be considered a change of
59ownership;
60     (b)  The transfer is between husband and wife, including a
61transfer to a surviving spouse or a transfer due to a
62dissolution of marriage;
63     (c)  The transfer occurs by operation of law under s.
64732.4015; or
65     (d)  Upon the death of the owner, the transfer is between
66the owner and another who is a permanent resident and is legally
67or naturally dependent upon the owner.
68     (4)(a)  Except as provided in paragraph (b), changes,
69additions, or improvements to homestead property shall be
70assessed at just value as of the first January 1 after the
71changes, additions, or improvements are substantially completed.
72     (b)  Changes, additions, or improvements that replace all
73or a portion of homestead property damaged or destroyed by
74misfortune or calamity shall not increase the homestead
75property's assessed value when the square footage of the
76homestead property as changed or improved does not exceed 110
77percent of the square footage of the homestead property before
78the damage or destruction. Additionally, the homestead
79property's assessed value shall not increase if the total square
80footage of the homestead property as changed or improved does
81not exceed 1,500 square feet. Changes, additions, or
82improvements that do not cause the total to exceed 110 percent
83of the total square footage of the homestead property before the
84damage or destruction or that do not cause the total to exceed
851,500 total square feet shall be reassessed as provided under
86subsection (1). The homestead property's assessed value shall be
87increased by the just value of that portion of the changed or
88improved homestead property which is in excess of 110 percent of
89the square footage of the homestead property before the damage
90or destruction or of that portion exceeding 1,500 square feet.
91Homestead property damaged or destroyed by misfortune or
92calamity which, after being changed or improved, has a square
93footage of less than 100 percent of the homestead property's
94total square footage before the damage or destruction shall be
95assessed pursuant to subsection (5). This paragraph applies to
96changes, additions, or improvements commenced within 3 years
97after the January 1 following the damage or destruction of the
98homestead.
99     (c)  Changes, additions, or improvements that replace all
100or a portion of real property that was damaged or destroyed by
101misfortune or calamity shall be assessed upon substantial
102completion as if such damage or destruction had not occurred and
103in accordance with paragraph (b) if the owner of such property:
104     1.  Was permanently residing on such property when the
105damage or destruction occurred;
106     2.  Was not entitled to receive homestead exemption on such
107property as of January 1 of that year; and
108     3.  Applies for and receives homestead exemption on such
109property the following year.
110     (d)  Changes, additions, or improvements include
111improvements made to common areas or other improvements made to
112property other than to the homestead property by the owner or by
113an owner association, which improvements directly benefit the
114homestead property. Such changes, additions, or improvements
115shall be assessed at just value, and the just value shall be
116apportioned among the parcels benefiting from the improvement.
117     (5)  When property is destroyed or removed and not
118replaced, the assessed value of the parcel shall be reduced by
119the assessed value attributable to the destroyed or removed
120property.
121     (6)  Only property that receives a homestead exemption is
122subject to this section. No portion of property that is assessed
123solely on the basis of character or use pursuant to s. 193.461
124or s. 193.501, or assessed pursuant to s. 193.505, is subject to
125this section. When property is assessed under s. 193.461, s.
126193.501, or s. 193.505 and contains a residence under the same
127ownership, the portion of the property consisting of the
128residence and curtilage must be assessed separately, pursuant to
129s. 193.011, for the assessment to be subject to the limitation
130in this section.
131     (7)  If a person received a homestead exemption limited to
132that person's proportionate interest in real property, the
133provisions of this section apply only to that interest.
134     (8)  Erroneous assessments of homestead property assessed
135under this section may be corrected in the following manner:
136     (a)  If errors are made in arriving at any assessment under
137this section due to a material mistake of fact concerning an
138essential characteristic of the property, the just value and
139assessed value must be recalculated for every such year,
140including the year in which the mistake occurred.
141     (b)  If changes, additions, or improvements are not
142assessed at just value as of the first January 1 after they were
143substantially completed, the property appraiser shall determine
144the just value for such changes, additions, or improvements for
145the year they were substantially completed. Assessments for
146subsequent years shall be corrected, applying this section if
147applicable.
148     (c)  If back taxes are due pursuant to s. 193.092, the
149corrections made pursuant to this subsection shall be used to
150calculate such back taxes.
151     (9)  If the property appraiser determines that for any year
152or years within the prior 10 years a person who was not entitled
153to the homestead property assessment limitation granted under
154this section was granted the homestead property assessment
155limitation, the property appraiser making such determination
156shall record in the public records of the county a notice of tax
157lien against any property owned by that person in the county,
158and such property must be identified in the notice of tax lien.
159Such property that is situated in this state is subject to the
160unpaid taxes, plus a penalty of 50 percent of the unpaid taxes
161for each year and 15 percent interest per annum. However, when a
162person entitled to exemption pursuant to s. 196.031
163inadvertently receives the limitation pursuant to this section
164following a change of ownership, the assessment of such property
165must be corrected as provided in paragraph (8)(a), and the
166person need not pay the unpaid taxes, penalties, or interest.
167     Section 2.  This act shall take effect January 1, 2009.


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