Florida Senate - 2010                                    SB 1884
       
       
       
       By Senator Altman
       
       
       
       
       24-01244-10                                           20101884__
    1                        A bill to be entitled                      
    2         An act relating to homestead assessments; amending s.
    3         193.155, F.S.; revising the criteria under which a
    4         transfer of homestead property is not considered a
    5         change of ownership; providing for such provisions to
    6         apply to a leasehold interest under certain
    7         circumstances; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (3) of section 193.155, Florida
   12  Statutes, is amended to read:
   13         193.155 Homestead assessments.—Homestead property shall be
   14  assessed at just value as of January 1, 1994. Property receiving
   15  the homestead exemption after January 1, 1994, shall be assessed
   16  at just value as of January 1 of the year in which the property
   17  receives the exemption unless the provisions of subsection (8)
   18  apply.
   19         (3)(a) Except as provided in this subsection or subsection
   20  (8), property assessed under this section shall be assessed at
   21  just value as of January 1 of the year following a change of
   22  ownership. Thereafter, the annual changes in the assessed value
   23  of the property are subject to the limitations in subsections
   24  (1) and (2). For the purpose of this section, a change of
   25  ownership means any sale, foreclosure, or transfer of legal
   26  title or beneficial title in equity to any person, except as
   27  provided in this subsection. There is no change of ownership if:
   28         1.(a) Subsequent to the change or transfer, the same person
   29  is entitled to the homestead exemption as was previously
   30  entitled and:
   31         a.1. The transfer of title is to correct an error;
   32         b.2. The transfer is between legal and equitable title or
   33  equitable and equitable title and no additional person applies
   34  for a homestead exemption on the property; or
   35         c.3. The change or transfer is by means of an instrument in
   36  which the owner is listed as both grantor and grantee of the
   37  real property and one or more other individuals are additionally
   38  named as grantee. However, if any individual who is additionally
   39  named as a grantee applies for a homestead exemption on the
   40  property, the application shall be considered a change of
   41  ownership;
   42         2.(b) Legal or equitable title is changed or transferred
   43  The transfer is between husband and wife, including a change or
   44  transfer to a surviving spouse or a transfer due to a
   45  dissolution of marriage;
   46         3.(c) The transfer occurs by operation of law to the
   47  surviving spouse or minor child or children under s. 732.401 s.
   48  732.4015; or
   49         4.(d) Upon the death of the owner, the transfer is between
   50  the owner and another who is a permanent resident and is legally
   51  or naturally dependent upon the owner.
   52         (b) For purposes of this subsection, a leasehold interest
   53  that qualifies for the homestead exemption under s. 196.031 or
   54  s. 196.041 shall be treated as an equitable interest in the
   55  property.
   56         Section 2. This act shall take effect July 1, 2010.