Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1186
       
       
       
       
       
       
                                Ì476708EÎ476708                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Finance and Tax (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 79 - 173
    4  and insert:
    5  pursuant to subsection (5).
    6         (d)For changes, additions, or improvements made to replace
    7  property that was damaged or destroyed by misfortune or
    8  calamity, this subsection paragraph applies to the changes,
    9  additions, or improvements commenced within 3 years after the
   10  January 1 following the qualifying damage or destruction of the
   11  homestead property.
   12         (e)(c) Changes, additions, or improvements that replace all
   13  or a portion of real property that was damaged, or destroyed, or
   14  voluntarily elevated by misfortune or calamity shall be assessed
   15  upon substantial completion as if such qualifying damage, or
   16  destruction, or voluntary elevation had not occurred and in
   17  accordance with paragraph (b) if the owner of such property:
   18         1. Was permanently residing on such property when the
   19  qualifying damage, or destruction, or voluntary elevation
   20  occurred;
   21         2. Was not entitled to receive homestead exemption on such
   22  property as of January 1 of that year; and
   23         3. Applies for and receives homestead exemption on such
   24  property the following year.
   25         (f)(d) Changes, additions, or improvements include
   26  improvements made to common areas or other improvements made to
   27  property other than to the homestead property by the owner or by
   28  an owner association, which improvements directly benefit the
   29  homestead property. Such changes, additions, or improvements
   30  shall be assessed at just value, and the just value shall be
   31  apportioned among the parcels benefiting from the improvement.
   32         Section 2. Subsection (6) of section 193.1554, Florida
   33  Statutes, is amended to read:
   34         193.1554 Assessment of nonhomestead residential property.—
   35         (6)(a) Except as provided in paragraph (b) and s. 193.624,
   36  changes, additions, or improvements to nonhomestead residential
   37  property shall be assessed at just value as of the first January
   38  1 after the changes, additions, or improvements are
   39  substantially completed.
   40         (b) Changes, additions, or improvements that replace all or
   41  a portion of nonhomestead residential property damaged or
   42  destroyed by misfortune or calamity shall not increase the
   43  property’s assessed value when the square footage of the
   44  property as changed or improved does not exceed 110 percent of
   45  the square footage of the property before the damage, or
   46  destruction, or voluntary elevation of the property if:
   47         1.The property was damaged or destroyed by misfortune or
   48  calamity; or
   49         2.Before the voluntary elevation, the property did not
   50  comply with the Federal Emergency Management Agency’s National
   51  Flood Insurance Program requirements and Florida Building Code
   52  elevation requirements and was elevated in compliance with such
   53  requirements. The property owner must provide elevation
   54  certificates for both the original and the elevated property.
   55  For purposes of this subsection, the term “voluntary elevation”
   56  or “voluntarily elevated” means the elevation of an existing
   57  nonconforming nonhomestead residential property or the removal
   58  and rebuilding of a nonconforming nonhomestead residential
   59  property. Conforming areas below an elevated structure
   60  designated only for parking, storage, or access may not be
   61  included in the 110 percent calculation unless the area exceeds
   62  110 percent of the square footage before the voluntary
   63  elevation.
   64  
   65  Additionally, the property’s assessed value may shall not
   66  increase if the total square footage of the property as changed,
   67  or improved, or elevated does not exceed 1,500 square feet.
   68         (c) Changes, additions, or improvements that do not cause
   69  the total to exceed 110 percent of the total square footage of
   70  the property before the qualifying damage, or destruction, or
   71  voluntary elevation or that do not cause the total to exceed
   72  1,500 total square feet shall be reassessed as provided under
   73  subsection (3). The property’s assessed value shall be increased
   74  by the just value of that portion of the changed or improved
   75  property which is in excess of 110 percent of the square footage
   76  of the property before the qualifying damage, or destruction, or
   77  voluntary elevation or of that portion exceeding 1,500 square
   78  feet. Property damaged, or destroyed, or voluntarily elevated by
   79  misfortune or calamity which, after being changed or improved,
   80  has a square footage of less than 100 percent of the property’s
   81  total square footage before the qualifying damage, or
   82  destruction, or voluntary elevation shall be assessed pursuant
   83  to subsection (8).
   84         (d)For changes, additions, or improvements made to replace
   85  property that was damaged or destroyed by misfortune or
   86  calamity, this subsection paragraph applies to the changes,
   87  additions, or improvements commenced within 3 years after the
   88  January 1 following the qualifying damage or destruction of the
   89  property.
   90         (e)(c) Changes, additions, or improvements include
   91  improvements made to common areas or other improvements made to
   92  property other than to the nonhomestead residential property by
   93  the owner or by an owner association, which improvements
   94  directly benefit the property. Such changes, additions, or
   95  improvements shall be assessed at just value, and the just value
   96  shall be apportioned among the parcels benefiting from the
   97  improvement.
   98         Section 3. Section 193.1557, Florida Statutes, is amended
   99  to read:
  100         193.1557 Assessment of certain property damaged or
  101  destroyed by Hurricane Michael.—For property damaged or
  102  destroyed by Hurricane Michael in 2018, s. 193.155(4)(b),
  103  Florida Statutes (2020), s. 193.1554(6)(b), Florida Statutes
  104  (2020), or s. 193.1555(6)(b) Florida Statutes (2020), applies to
  105  changes,
  106  
  107  ================= T I T L E  A M E N D M E N T ================
  108  And the title is amended as follows:
  109         Delete lines 11 - 16
  110  and insert:
  111         included in square footage calculation; revising
  112         applicability; making clarifying revisions; amending
  113         s. 193.1557, F.S.; revising applicability; providing a