Florida Senate - 2009                                     SB 744
       
       
       
       By Senator Altman
       
       
       
       
       24-00537-09                                            2009744__
    1                        A bill to be entitled                      
    2         An act relating to homestead assessments; amending s.
    3         193.155, F.S.; revising criteria under which transfer
    4         of homestead property is not considered a change of
    5         ownership; providing an effective date.
    6         
    7  Be It Enacted by the Legislature of the State of Florida:
    8         
    9         Section 1. Subsection (3) of section 193.155, Florida
   10  Statutes, is amended to read:
   11         193.155 Homestead assessments.—Homestead property shall be
   12  assessed at just value as of January 1, 1994. Property receiving
   13  the homestead exemption after January 1, 1994, shall be assessed
   14  at just value as of January 1 of the year in which the property
   15  receives the exemption unless the provisions of subsection (8)
   16  apply.
   17         (3) Except as provided in this subsection or subsection
   18  (8), property assessed under this section shall be assessed at
   19  just value as of January 1 of the year following a change of
   20  ownership. Thereafter, the annual changes in the assessed value
   21  of the property are subject to the limitations in subsections
   22  (1) and (2). For the purpose of this section, a change of
   23  ownership means any sale, foreclosure, or transfer of legal
   24  title or beneficial title in equity to any person, except as
   25  provided in this subsection. There is no change of ownership if:
   26         (a) Subsequent to the change or transfer, the same person
   27  is entitled to the homestead exemption as was previously
   28  entitled 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
   32  which the owner is listed as both grantor and grantee of the
   33  real property and one or more other individuals are additionally
   34  named as grantee. However, if any individual who is additionally
   35  named as a grantee applies for a homestead exemption on the
   36  property, the application shall be considered a change of
   37  ownership;
   38         (b) The transfer is between husband and wife, including a
   39  transfer to a surviving spouse or a transfer due to a
   40  dissolution of marriage;
   41         (c) The transfer occurs by operation of law under s.
   42  732.401 s. 732.4015; or
   43         (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; or
   46         (e) Subsequent to the change or transfer, the transferor or
   47  the transferor's spouse possesses legal or equitable title or
   48  otherwise qualifies for the homestead exemption under s.
   49  196.031, so long as the transferor or the transferor's spouse
   50  would meet the requirements of s. 196.031(1)(a) independently of
   51  such transfer.
   52         Section 2. This act shall take effect July 1, 2009.