Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 744
       
       
       
       
       
       
                                Barcode 619948                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/24/2009           .                                
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       The Committee on Community Affairs (Altman) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 193.155, Florida
    6  Statutes, is amended to read:
    7         193.155 Homestead assessments.—Homestead property shall be
    8  assessed at just value as of January 1, 1994. Property receiving
    9  the homestead exemption after January 1, 1994, shall be assessed
   10  at just value as of January 1 of the year in which the property
   11  receives the exemption unless the provisions of subsection (8)
   12  apply.
   13         (3)(a) Except as provided in this subsection or subsection
   14  (8), property assessed under this section shall be assessed at
   15  just value as of January 1 of the year following a change of
   16  ownership. Thereafter, the annual changes in the assessed value
   17  of the property are subject to the limitations in subsections
   18  (1) and (2). For the purpose of this section, a change of
   19  ownership means any sale, foreclosure, or transfer of legal
   20  title or beneficial title in equity to any person, except as
   21  provided in this subsection. There is no change of ownership if:
   22         1.(a) Subsequent to the change or transfer, the same person
   23  is entitled to the homestead exemption as was previously
   24  entitled and:
   25         a.1. The transfer of title is to correct an error;
   26         b.2. The transfer is between legal and equitable title or
   27  equitable and equitable title and no additional person applies
   28  for a homestead exemption on the property; or
   29         c.3. The change or transfer is by means of an instrument in
   30  which the owner is listed as both grantor and grantee of the
   31  real property and one or more other individuals are additionally
   32  named as grantee. However, if any individual who is additionally
   33  named as a grantee applies for a homestead exemption on the
   34  property, the application shall be considered a change of
   35  ownership;
   36         2.(b) Legal or equitable title is changed or transferred
   37  The transfer is between husband and wife, including a change or
   38  transfer to a surviving spouse or a transfer due to a
   39  dissolution of marriage;
   40         3.(c) The transfer occurs by operation of law to the
   41  surviving spouse or minor child or children under s. 732.401
   42  s.732.4015; or
   43         4.(d) Upon the death of the owner, the transfer is between
   44  the owner and another who is a permanent resident and is legally
   45  or naturally dependent upon the owner.
   46         (b) For purposes of this subsection, a leasehold interest
   47  that qualifies for the homestead exemption under s. 196.031 or
   48  s. 196.041 shall be treated as an equitable interest in the
   49  property.
   50         Section 2. This act shall take effect July 1, 2009.
   51  ================= T I T L E  A M E N D M E N T ================
   52  And the title is amended as follows:
   53  
   54         Delete everything before the enacting clause
   55  and insert:
   56                        A bill to be entitled                      
   57         An act relating to homestead assessments; amending s.
   58         193.155, F.S.; revising criteria under which transfer
   59         of homestead property is not considered a change of
   60         ownership; providing construction; providing an
   61         effective date.