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A bill to be entitled

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An act relating to the assessment of homestead property;

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amending s. 193.155, F.S.; prohibiting an increase in the

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assessed value of homestead property solely as the result

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of installing and operating a renewable energy source

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device or improving the property's resistance to wind

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damage; providing an effective date.

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

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     Section 1.  Subsection (5) of section 193.155, Florida

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Statutes, as amended by section 13 of chapter 2007-321, Laws of

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Florida, is amended to read:

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     193.155  Homestead assessments.--

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     (5)(a) Except as provided in paragraphs paragraph (b) and

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(e), changes, additions, or improvements to homestead property

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shall be assessed at just value as of the first January 1 after

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the changes, additions, or improvements are substantially

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completed.

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

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a portion of homestead property damaged or destroyed by

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misfortune or calamity shall not increase the homestead

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property's assessed value when the square footage of the

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homestead property as changed or improved does not exceed 110

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percent of the square footage of the homestead property before

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the damage or destruction. Additionally, the homestead property's

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assessed value shall not increase if the total square footage of

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the homestead property as changed or improved does not exceed

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

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

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footage of the homestead property before the damage or

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

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square feet shall be reassessed as provided under subsection (1).

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The homestead property's assessed value shall be increased by the

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just value of that portion of the changed or improved homestead

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property which is in excess of 110 percent of the square footage

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of the homestead property before the damage or destruction or of

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that portion exceeding 1,500 square feet. Homestead property

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damaged or destroyed by misfortune or calamity which, after being

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

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percent of the homestead property's total square footage before

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the damage or destruction shall be assessed pursuant to

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subsection (6). This paragraph applies to changes, additions, or

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improvements commenced within 3 years after the January 1

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following the damage or destruction of the homestead.

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

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a portion of real property that was damaged or destroyed by

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misfortune or calamity shall be assessed upon substantial

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completion as if such damage or destruction had not occurred and

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in accordance with paragraph (b) if the owner of such property:

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     1.  Was permanently residing on such property when the

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damage or destruction occurred;

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     2.  Was not entitled to receive homestead exemption on such

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property as of January 1 of that year; and

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     3.  Applies for and receives homestead exemption on such

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property the following year.

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     (d)  Changes, additions, or improvements include

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improvements made to common areas or other improvements made to

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

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an owner association, which improvements directly benefit the

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homestead property. Such changes, additions, or improvements

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

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apportioned among the parcels benefiting from the improvement.

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     (e) The assessed value of homestead property may not be

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increased solely as a result of:

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     1. The installation and operation of a renewable energy

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source device.

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     2. Changes, additions, or improvements made for the purpose

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of improving the property's resistance to wind damage. Such

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improvements include:

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     a. Improving the strength of the roof deck attachment.

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     b. Creating a secondary water barrier to prevent water

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intrusion.

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     c. Installing hurricane-resistant shingles.

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     d. Installing gable-end bracing.

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     e. Reinforcing roof-to-wall connections.

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     f. Installing storm shutters.

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     g. Installing impact-resistant glazing.

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     h. Installing hurricane-resistant doors.

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     Section 2.  This act shall take effect January 1, 2009.