HB 101

1
A bill to be entitled
2An act relating to homestead assessments; amending s.
3193.155, F.S.; revising criteria under which transfer of
4homestead property is not considered a change of
5ownership; providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Subsection (3) of section 193.155, Florida
10Statutes, is amended to 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 unless the provisions of
16subsection (8) apply.
17     (3)  Except as provided in this subsection or subsection
18(8), property assessed under this section shall be assessed at
19just value as of January 1 of the year following a change of
20ownership. Thereafter, the annual changes in the assessed value
21of the property are subject to the limitations in subsections
22(1) and (2). For the purpose of this section, a change of
23ownership means any sale, foreclosure, or transfer of legal
24title or beneficial title in equity to any person, except as
25provided in this subsection. There is no change of ownership if:
26     (a)  Subsequent to the change or transfer, the same person
27is entitled to the homestead exemption as was previously
28entitled and:
29     1.  The transfer of title is to correct an error;
30     2.  The transfer is between legal and equitable title; or
31     3.  The change or transfer is by means of an instrument in
32which the owner is listed as both grantor and grantee of the
33real property and one or more other individuals are additionally
34named as grantee. However, if any individual who is additionally
35named as a grantee applies for a homestead exemption on the
36property, the application shall be considered a change of
37ownership;
38     (b)  The transfer is between husband and wife, including a
39transfer to a surviving spouse or a transfer due to a
40dissolution of marriage;
41     (c)  The transfer occurs by operation of law under s.
42732.401 732.4015; or
43     (d)  Upon the death of the owner, the transfer is between
44the owner and another who is a permanent resident and is legally
45or naturally dependent upon the owner; or
46     (e)  Subsequent to the change or transfer, the transferor
47or the transferor's spouse possesses legal or equitable title or
48otherwise qualifies for the homestead exemption under s.
49196.031, so long as the transferor or the transferor's spouse
50would meet the requirements of s. 196.031(1)(a) independently of
51such transfer.
52     Section 2.  This act shall take effect July 1, 2009.


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