| 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 of |
| 4 | homestead property is not considered a change of |
| 5 | ownership; providing construction; amending s. 193.1556, |
| 6 | F.S.; providing that notice to a property appraiser of a |
| 7 | change of ownership or control of certain property is not |
| 8 | required when such change is made within a certain period |
| 9 | as part of a federal receivership proceeding related to |
| 10 | failed banks; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (3) of section 193.155, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 193.155 Homestead assessments.-Homestead property shall be |
| 17 | assessed at just value as of January 1, 1994. Property receiving |
| 18 | the homestead exemption after January 1, 1994, shall be assessed |
| 19 | at just value as of January 1 of the year in which the property |
| 20 | receives the exemption unless the provisions of subsection (8) |
| 21 | apply. |
| 22 | (3)(a) Except as provided in this subsection or subsection |
| 23 | (8), property assessed under this section shall be assessed at |
| 24 | just value as of January 1 of the year following a change of |
| 25 | ownership. Thereafter, the annual changes in the assessed value |
| 26 | of the property are subject to the limitations in subsections |
| 27 | (1) and (2). For the purpose of this section, a change of |
| 28 | ownership means any sale, foreclosure, or transfer of legal |
| 29 | title or beneficial title in equity to any person, except as |
| 30 | provided in this subsection. There is no change of ownership if: |
| 31 | 1.(a) Subsequent to the change or transfer, the same |
| 32 | person is entitled to the homestead exemption as was previously |
| 33 | entitled and: |
| 34 | a.1. The transfer of title is to correct an error; |
| 35 | b.2. The transfer is between legal and equitable title or |
| 36 | equitable and equitable title and no additional person applies |
| 37 | for a homestead exemption on the property; or |
| 38 | c.3. The change or transfer is by means of an instrument |
| 39 | in which the owner is listed as both grantor and grantee of the |
| 40 | real property and one or more other individuals are additionally |
| 41 | named as grantee. However, if any individual who is additionally |
| 42 | named as a grantee applies for a homestead exemption on the |
| 43 | property, the application shall be considered a change of |
| 44 | ownership; |
| 45 | 2.(b) Legal or equitable title is changed or transferred |
| 46 | The transfer is between husband and wife, including a change or |
| 47 | transfer to a surviving spouse or a transfer due to a |
| 48 | dissolution of marriage; |
| 49 | 3.(c) The transfer occurs by operation of law to the |
| 50 | surviving spouse or minor child or children under s. 732.401 |
| 51 | 732.4015; or |
| 52 | 4.(d) Upon the death of the owner, the transfer is between |
| 53 | the owner and another who is a permanent resident and is legally |
| 54 | or naturally dependent upon the owner. |
| 55 | (b) For purposes of this subsection, a leasehold interest |
| 56 | that qualifies for the homestead exemption under s. 196.031 or |
| 57 | s. 196.041 shall be treated as an equitable interest in the |
| 58 | property. |
| 59 | Section 2. Section 193.1556, Florida Statutes, is amended |
| 60 | to read: |
| 61 | 193.1556 Notice of change of ownership or control |
| 62 | required.- |
| 63 | (1) Any person or entity that owns property assessed under |
| 64 | s. 193.1554 or s. 193.1555 must notify the property appraiser |
| 65 | promptly of any change of ownership or control as defined in ss. |
| 66 | 193.1554(5) and 193.1555(5). If any property owner fails to so |
| 67 | notify the property appraiser and the property appraiser |
| 68 | determines that for any year within the prior 10 years the |
| 69 | owner's property was not entitled to assessment under s. |
| 70 | 193.1554 or s. 193.1555, the owner of the property is subject to |
| 71 | the taxes avoided as a result of such failure plus 15 percent |
| 72 | interest per annum and a penalty of 50 percent of the taxes |
| 73 | avoided. It is the duty of the property appraiser making such |
| 74 | determination to record in the public records of the county a |
| 75 | notice of tax lien against any property owned by that person or |
| 76 | entity in the county, and such property must be identified in |
| 77 | the notice of tax lien. Such property is subject to the payment |
| 78 | of all taxes and penalties. Such lien when filed shall attach to |
| 79 | any property, identified in the notice of tax lien, owned by the |
| 80 | person or entity that illegally or improperly was assessed under |
| 81 | s. 193.1554 or s. 193.1555. If such person or entity no longer |
| 82 | owns property in that county, but owns property in some other |
| 83 | county or counties in the state, it shall be the duty of the |
| 84 | property appraiser to record a notice of tax lien in such other |
| 85 | county or counties, identifying the property owned by such |
| 86 | person or entity in such county or counties, and it becomes a |
| 87 | lien against such property in such county or counties. |
| 88 | (2) If a change of ownership or control of the real |
| 89 | property was made pursuant to the provisions of 12 U.S.C. s. |
| 90 | 215a(e) conducted under the receivership of the Federal Deposit |
| 91 | Insurance Corporation, authorized and made pursuant to 12 U.S.C. |
| 92 | s. 191, the notification requirement in subsection (1) shall not |
| 93 | apply if the change occurred during calendar years 2008 through |
| 94 | 2011. |
| 95 | Section 3. This act shall take effect July 1, 2010. |