Florida Senate - 2025 SB 1092
By Senator Martin
33-01743-25 20251092__
1 A bill to be entitled
2 An act relating to assessment of homestead property;
3 amending s. 193.155, F.S.; revising the method of
4 homestead property assessments; requiring that
5 assessments be at the most recent purchase price or,
6 in the case of new construction, the cost of
7 construction; requiring that reassessment be the prior
8 assessed value or a specified calculation; requiring
9 that changes, additions, and improvements be assessed
10 in a certain manner; amending s. 194.011, F.S.;
11 conforming provisions to changes made by the act;
12 authorizing the Department of Revenue to create a
13 grant program for a certain purpose; authorizing the
14 department to adopt rules; providing a contingent
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 193.155, Florida Statutes, is amended to
20 read:
21 193.155 Homestead assessments.—Homestead property shall be
22 assessed at just value as of January 1, 1994. Property receiving
23 the homestead exemption after January 1, 1994, shall be assessed
24 at the most recent purchase price or, in the case of new
25 construction, the cost of construction just value as of January
26 1 of the year in which the property receives the exemption
27 unless the provisions of subsection (8) apply.
28 (1) Beginning in 1995, or the year following the year the
29 property receives homestead exemption, whichever is later, the
30 property shall be reassessed annually on January 1. Any change
31 resulting from such reassessment shall be not exceed the lower
32 of the following:
33 (a) Three percent of the assessed value of the property for
34 the prior year or the value calculated in paragraph (4)(a), if
35 applicable; or
36 (b) The percentage change in the Consumer Price Index for
37 All Urban Consumers, U.S. City Average, all items 1967=100, or
38 successor reports for the preceding calendar year as initially
39 reported by the United States Department of Labor, Bureau of
40 Labor Statistics.
41 (2) If the assessed value of the property as calculated
42 under subsection (1) exceeds the just value, the assessed value
43 of the property must shall be lowered to the just value of the
44 property.
45 (3)(a) Except as provided in this subsection or subsection
46 (8), property assessed under this section shall be assessed at
47 the most recent purchase price or, in the case of new
48 construction, the cost of construction just value as of January
49 1 of the year following a change of ownership. Thereafter, the
50 annual changes in the assessed value of the property are subject
51 to the limitations in subsection subsections (1) and (2). For
52 the purpose of this section, a change of ownership means any
53 sale, foreclosure, or transfer of legal title or beneficial
54 title in equity to any person, except if any of the following
55 apply:
56 1. Subsequent to the change or transfer, the same person is
57 entitled to the homestead exemption as was previously entitled
58 and:
59 a. The transfer of title is to correct an error;
60 b. The transfer is between legal and equitable title or
61 equitable and equitable title and no additional person applies
62 for a homestead exemption on the property;
63 c. The change or transfer is by means of an instrument in
64 which the owner is listed as both grantor and grantee of the
65 real property and one or more other individuals are additionally
66 named as grantee. However, if any individual who is additionally
67 named as a grantee applies for a homestead exemption on the
68 property, the application is considered a change of ownership;
69 d. The change or transfer is by means of an instrument in
70 which the owner entitled to the homestead exemption is listed as
71 both grantor and grantee of the real property and one or more
72 other individuals, all of whom held title as joint tenants with
73 rights of survivorship with the owner, are named only as
74 grantors and are removed from the title; or
75 e. The person is a lessee entitled to the homestead
76 exemption under s. 196.041(1);
77 2. Legal or equitable title is changed or transferred
78 between husband and wife, including a change or transfer to a
79 surviving spouse or a transfer due to a dissolution of marriage;
80 3. The transfer occurs by operation of law to the surviving
81 spouse or minor child or children under s. 732.401;
82 4. Upon the death of the owner, the transfer is between the
83 owner and another who is a permanent resident and who is legally
84 or naturally dependent upon the owner; or
85 5. The transfer occurs with respect to a property where all
86 of the following apply:
87 a. Multiple owners hold title as joint tenants with rights
88 of survivorship;
89 b. One or more owners were entitled to and received the
90 homestead exemption on the property;
91 c. The death of one or more owners occurs; and
92 d. Subsequent to the transfer, the surviving owner or
93 owners previously entitled to and receiving the homestead
94 exemption continue to be entitled to and receive the homestead
95 exemption.
96 (b) For purposes of this subsection, a leasehold interest
97 that qualifies for the homestead exemption under s. 196.031 or
98 s. 196.041 shall be treated as an equitable interest in the
99 property.
100 (4)(a) Except as provided in paragraph (b) and s. 193.624,
101 changes, additions, or improvements to homestead property shall
102 be assessed at the documented cost of such changes, additions,
103 or improvements just value as of the first January 1 after the
104 changes, additions, or improvements are substantially completed.
105 (b)1. Changes, additions, or improvements that replace all
106 or a portion of homestead property, including ancillary
107 improvements, damaged or destroyed by misfortune or calamity
108 shall be assessed upon substantial completion as provided in
109 this paragraph. Such assessment must be calculated using the
110 homestead property’s assessed value as of the January 1
111 immediately before the date on which the damage or destruction
112 was sustained, subject to the assessment limitations in
113 subsection subsections (1) and (2), when:
114 a. The square footage of the homestead property as changed
115 or improved does not exceed 110 percent of the square footage of
116 the homestead property before the damage or destruction; or
117 b. The total square footage of the homestead property as
118 changed or improved does not exceed 1,500 square feet.
119 2. The homestead property’s assessed value must be
120 increased by the documented costs of the change, addition, or
121 improvement just value of that portion of the changed or
122 improved homestead property which is in excess of 110 percent of
123 the square footage of the homestead property before the damage
124 or destruction or of that portion exceeding 1,500 square feet.
125 3. Homestead property damaged or destroyed by misfortune or
126 calamity which, after being changed or improved, has a square
127 footage of less than 100 percent of the homestead property’s
128 total square footage before the damage or destruction shall be
129 assessed pursuant to subsection (5).
130 4. Changes, additions, or improvements assessed pursuant to
131 this paragraph must be reassessed pursuant to subsection (1) in
132 subsequent years. This paragraph applies to changes, additions,
133 or improvements commenced within 5 years after the January 1
134 following the damage or destruction of the homestead.
135 (c) Changes, additions, or improvements that replace all or
136 a portion of real property that was damaged or destroyed by
137 misfortune or calamity shall be assessed upon substantial
138 completion as if such damage or destruction had not occurred and
139 in accordance with paragraph (b) if the owner of such property:
140 1. Was permanently residing on such property when the
141 damage or destruction occurred;
142 2. Was not entitled to receive homestead exemption on such
143 property as of January 1 of that year; and
144 3. Applies for and receives homestead exemption on such
145 property the following year.
146 (d) Changes, additions, or improvements include
147 improvements made to common areas or other improvements made to
148 property other than to the homestead property by the owner or by
149 an owner association, which improvements directly benefit the
150 homestead property. Such changes, additions, or improvements
151 shall be assessed at just value, and the just value shall be
152 apportioned among the parcels benefiting from the improvement.
153 (5) When property is destroyed or removed and not replaced,
154 the assessed value of the parcel shall be reduced by the
155 assessed value attributable to the destroyed or removed
156 property.
157 (6) Only property that receives a homestead exemption is
158 subject to this section. No portion of property that is assessed
159 solely on the basis of character or use pursuant to s. 193.461
160 or s. 193.501, or assessed pursuant to s. 193.505, is subject to
161 this section. When property is assessed under s. 193.461, s.
162 193.501, or s. 193.505 and contains a residence under the same
163 ownership, the portion of the property consisting of the
164 residence and curtilage must be assessed separately, pursuant to
165 s. 193.011, for the assessment to be subject to the limitation
166 in this section.
167 (7) If a person received a homestead exemption limited to
168 that person’s proportionate interest in real property, the
169 provisions of this section apply only to that interest.
170 (8) Property assessed under this section shall be assessed
171 at less than just value when the person who establishes a new
172 homestead has received a homestead exemption as of January 1 of
173 any of the 3 immediately preceding years. For purposes of this
174 subsection, a husband and wife who owned and both permanently
175 resided on a previous homestead shall each be considered to have
176 received the homestead exemption even though only the husband or
177 the wife applied for the homestead exemption on the previous
178 homestead. The assessed value of the newly established homestead
179 shall be determined as provided in this subsection.
180 (a) If the just value of the new homestead as of January 1
181 is greater than or equal to the just value of the immediate
182 prior homestead as of January 1 of the year in which the
183 immediate prior homestead was abandoned, the assessed value of
184 the new homestead shall be the just value of the new homestead
185 minus an amount equal to the lesser of $500,000 or the
186 difference between the just value and the assessed value of the
187 immediate prior homestead as of January 1 of the year in which
188 the prior homestead was abandoned. Thereafter, the homestead
189 shall be assessed as provided in this section.
190 (b) If the just value of the new homestead as of January 1
191 is less than the just value of the immediate prior homestead as
192 of January 1 of the year in which the immediate prior homestead
193 was abandoned, the assessed value of the new homestead shall be
194 equal to the just value of the new homestead divided by the just
195 value of the immediate prior homestead and multiplied by the
196 assessed value of the immediate prior homestead. However, if the
197 difference between the just value of the new homestead and the
198 assessed value of the new homestead calculated pursuant to this
199 paragraph is greater than $500,000, the assessed value of the
200 new homestead shall be increased so that the difference between
201 the just value and the assessed value equals $500,000.
202 Thereafter, the homestead shall be assessed as provided in this
203 section.
204 (c) If two or more persons who have each received a
205 homestead exemption as of January 1 of any of the 3 immediately
206 preceding years and who would otherwise be eligible to have a
207 new homestead property assessed under this subsection establish
208 a single new homestead, the reduction from just value is limited
209 to the higher of the difference between the just value and the
210 assessed value of either of the prior eligible homesteads as of
211 January 1 of the year in which either of the eligible prior
212 homesteads was abandoned, but may not exceed $500,000.
213 (d) If two or more persons abandon jointly owned and
214 jointly titled property that received a homestead exemption as
215 of January 1 of any of the 3 immediately preceding years, and
216 one or more such persons who were entitled to and received a
217 homestead exemption on the abandoned property establish a new
218 homestead that would otherwise be eligible for assessment under
219 this subsection, each such person establishing a new homestead
220 is entitled to a reduction from just value for the new homestead
221 equal to the just value of the prior homestead minus the
222 assessed value of the prior homestead divided by the number of
223 owners of the prior homestead who received a homestead
224 exemption, unless the title of the property contains specific
225 ownership shares, in which case the share of reduction from just
226 value shall be proportionate to the ownership share. In the case
227 of a husband and wife abandoning jointly titled property, the
228 husband and wife may designate the ownership share to be
229 attributed to each spouse by following the procedure in
230 paragraph (f). To qualify to make such a designation, the
231 husband and wife must be married on the date that the jointly
232 owned property is abandoned. In calculating the assessment
233 reduction to be transferred from a prior homestead that has an
234 assessment reduction for living quarters of parents or
235 grandparents pursuant to s. 193.703, the value calculated
236 pursuant to s. 193.703(6) must first be added back to the
237 assessed value of the prior homestead. The total reduction from
238 just value for all new homesteads established under this
239 paragraph may not exceed $500,000. There shall be no reduction
240 from just value of any new homestead unless the prior homestead
241 is reassessed at just value or is reassessed under this
242 subsection as of January 1 after the abandonment occurs.
243 (e) If one or more persons who previously owned a single
244 homestead and each received the homestead exemption qualify for
245 a new homestead where all persons who qualify for homestead
246 exemption in the new homestead also qualified for homestead
247 exemption in the previous homestead without an additional person
248 qualifying for homestead exemption in the new homestead, the
249 reduction in just value shall be calculated pursuant to
250 paragraph (a) or paragraph (b), without application of paragraph
251 (c) or paragraph (d).
252 (f) A husband and wife abandoning jointly titled property
253 who wish to designate the ownership share to be attributed to
254 each person for purposes of paragraph (d) must file a form
255 provided by the department with the property appraiser in the
256 county where such property is located. The form must include a
257 sworn statement by each person designating the ownership share
258 to be attributed to each person for purposes of paragraph (d)
259 and must be filed prior to either person filing the form
260 required under paragraph (h) to have a parcel of property
261 assessed under this subsection. Such a designation, once filed
262 with the property appraiser, is irrevocable.
263 (g) For purposes of receiving an assessment reduction
264 pursuant to this subsection, a person entitled to assessment
265 under this section may abandon his or her homestead even though
266 it remains his or her primary residence by notifying the
267 property appraiser of the county where the homestead is located.
268 This notification must be in writing and delivered at the same
269 time as or before timely filing a new application for homestead
270 exemption on the property.
271 (h) In order to have his or her homestead property assessed
272 under this subsection, a person must file a form provided by the
273 department as an attachment to the application for homestead
274 exemption, including a copy of the form required to be filed
275 under paragraph (f), if applicable. The form, which must include
276 a sworn statement attesting to the applicant’s entitlement to
277 assessment under this subsection, shall be considered sufficient
278 documentation for applying for assessment under this subsection.
279 The department shall require by rule that the required form be
280 submitted with the application for homestead exemption under the
281 timeframes and processes set forth in chapter 196 to the extent
282 practicable.
283 (i)1. If the previous homestead was located in a different
284 county than the new homestead, the property appraiser in the
285 county where the new homestead is located must transmit a copy
286 of the completed form together with a completed application for
287 homestead exemption to the property appraiser in the county
288 where the previous homestead was located. If the previous
289 homesteads of applicants for transfer were in more than one
290 county, each applicant from a different county must submit a
291 separate form.
292 2. The property appraiser in the county where the previous
293 homestead was located must return information to the property
294 appraiser in the county where the new homestead is located by
295 April 1 or within 2 weeks after receipt of the completed
296 application from that property appraiser, whichever is later. As
297 part of the information returned, the property appraiser in the
298 county where the previous homestead was located must provide
299 sufficient information concerning the previous homestead to
300 allow the property appraiser in the county where the new
301 homestead is located to calculate the amount of the assessment
302 limitation difference which may be transferred and must certify
303 whether the previous homestead was abandoned and has been or
304 will be reassessed at just value or reassessed according to the
305 provisions of this subsection as of the January 1 following its
306 abandonment.
307 3. Based on the information provided on the form from the
308 property appraiser in the county where the previous homestead
309 was located, the property appraiser in the county where the new
310 homestead is located shall calculate the amount of the
311 assessment limitation difference which may be transferred and
312 apply the difference to the January 1 assessment of the new
313 homestead.
314 4. All property appraisers having information-sharing
315 agreements with the department are authorized to share
316 confidential tax information with each other pursuant to s.
317 195.084, including social security numbers and linked
318 information on the forms provided pursuant to this section.
319 5. The transfer of any limitation is not final until any
320 values on the assessment roll on which the transfer is based are
321 final. If such values are final after tax notice bills have been
322 sent, the property appraiser shall make appropriate corrections
323 and a corrected tax notice bill shall be sent. Any values that
324 are under administrative or judicial review shall be noticed to
325 the tribunal or court for accelerated hearing and resolution so
326 that the intent of this subsection may be carried out.
327 6. If the property appraiser in the county where the
328 previous homestead was located has not provided information
329 sufficient to identify the previous homestead and the assessment
330 limitation difference is transferable, the taxpayer may file an
331 action in circuit court in that county seeking to establish that
332 the property appraiser must provide such information.
333 7. If the information from the property appraiser in the
334 county where the previous homestead was located is provided
335 after the procedures in this section are exercised, the property
336 appraiser in the county where the new homestead is located shall
337 make appropriate corrections and a corrected tax notice and tax
338 bill shall be sent.
339 8. This subsection does not authorize the consideration or
340 adjustment of the just, assessed, or taxable value of the
341 previous homestead property.
342 9. The property appraiser in the county where the new
343 homestead is located shall promptly notify a taxpayer if the
344 information received, or available, is insufficient to identify
345 the previous homestead and the amount of the assessment
346 limitation difference which is transferable. Such notification
347 shall be sent on or before July 1 as specified in s. 196.151.
348 10. The taxpayer may correspond with the property appraiser
349 in the county where the previous homestead was located to
350 further seek to identify the homestead and the amount of the
351 assessment limitation difference which is transferable.
352 11. If the property appraiser in the county where the
353 previous homestead was located supplies sufficient information
354 to the property appraiser in the county where the new homestead
355 is located, such information shall be considered timely if
356 provided in time for inclusion on the notice of proposed
357 property taxes sent pursuant to ss. 194.011 and 200.065(1).
358 12. If the property appraiser has not received information
359 sufficient to identify the previous homestead and the amount of
360 the assessment limitation difference which is transferable
361 before mailing the notice of proposed property taxes, the
362 taxpayer may file a petition with the value adjustment board in
363 the county where the new homestead is located.
364 (j) Any person who is qualified to have his or her property
365 assessed under this subsection and who fails to file an
366 application by March 1 may file an application for assessment
367 under this subsection and may, pursuant to s. 194.011(3), file a
368 petition with the value adjustment board requesting that an
369 assessment under this subsection be granted. Such petition may
370 be filed at any time during the taxable year on or before the
371 25th day following the mailing of the notice by the property
372 appraiser as provided in s. 194.011(1). Notwithstanding s.
373 194.013, such person must pay a nonrefundable fee of $15 upon
374 filing the petition. Upon reviewing the petition, if the person
375 is qualified to receive the assessment under this subsection and
376 demonstrates particular extenuating circumstances judged by the
377 property appraiser or the value adjustment board to warrant
378 granting the assessment, the property appraiser or the value
379 adjustment board may grant an assessment under this subsection.
380 (k) Any person who is qualified to have his or her property
381 assessed under this subsection and who fails to timely file an
382 application for his or her new homestead in the first year
383 following eligibility may file in a subsequent year. The
384 assessment reduction shall be applied to assessed value in the
385 year the transfer is first approved, and refunds of tax may not
386 be made for previous years.
387 (l) The property appraisers of the state shall, as soon as
388 practicable after March 1 of each year and on or before July 1
389 of that year, carefully consider all applications for assessment
390 under this subsection which have been filed in their respective
391 offices on or before March 1 of that year. If, upon
392 investigation, the property appraiser finds that the applicant
393 is entitled to assessment under this subsection, the property
394 appraiser shall make such entries upon the tax rolls of the
395 county as are necessary to allow the assessment. If, after due
396 consideration, the property appraiser finds that the applicant
397 is not entitled to the assessment under this subsection, the
398 property appraiser shall immediately prepare a notice of such
399 disapproval, giving his or her reasons therefor, and a copy of
400 the notice must be served upon the applicant by the property
401 appraiser by personal delivery or by registered mail to the post
402 office address given by the applicant. The applicant may appeal
403 the decision of the property appraiser refusing to allow the
404 assessment under this subsection to the value adjustment board,
405 and the board shall review the application and evidence
406 presented to the property appraiser upon which the applicant
407 based the claim and hear the applicant in person or by agent on
408 behalf of his or her right to such assessment. Such appeal shall
409 be heard by an attorney special magistrate if the value
410 adjustment board uses special magistrates. The value adjustment
411 board shall reverse the decision of the property appraiser in
412 the cause and grant assessment under this subsection to the
413 applicant if, in its judgment, the applicant is entitled to the
414 assessment or shall affirm the decision of the property
415 appraiser. The action of the board is final in the cause unless
416 the applicant, within 60 days following the date of refusal of
417 the application by the board, files in the circuit court of the
418 county in which the homestead is located a proceeding against
419 the property appraiser for a declaratory judgment as is provided
420 under chapter 86 or other appropriate proceeding. The failure of
421 the taxpayer to appear before the property appraiser or value
422 adjustment board or to file any paper other than the application
423 as provided in this subsection does not constitute a bar to or
424 defense in the proceedings.
425 (m) For purposes of receiving an assessment reduction
426 pursuant to this subsection, an owner of a homestead property
427 that was significantly damaged or destroyed as a result of a
428 named tropical storm or hurricane may elect, in the calendar
429 year following the named tropical storm or hurricane, to have
430 the significantly damaged or destroyed homestead deemed to have
431 been abandoned as of the date of the named tropical storm or
432 hurricane even though the owner received a homestead exemption
433 on the property as of January 1 of the year immediately
434 following the named tropical storm or hurricane. The election
435 provided for in this paragraph is available only if the owner
436 establishes a new homestead as of January 1 of the third year
437 immediately following the storm or hurricane. This paragraph
438 shall apply to homestead property damaged or destroyed on or
439 after January 1, 2017.
440 (8)(9) Erroneous assessments of homestead property assessed
441 under this section may be corrected in the following manner:
442 (a) If errors are made in arriving at any assessment under
443 this section due to a material mistake of fact concerning an
444 essential characteristic of the property, the just value and
445 assessed value must be recalculated for every such year,
446 including the year in which the mistake occurred.
447 (b) If changes, additions, or improvements are not assessed
448 as provided in this section at just value as of the first
449 January 1 after they were substantially completed, the property
450 appraiser must shall determine the assessed value just value for
451 such changes, additions, or improvements for the year they were
452 substantially completed. Assessments for subsequent years must
453 shall be corrected, applying this section if applicable.
454 (c) If back taxes are due pursuant to s. 193.092, the
455 corrections made pursuant to this subsection must shall be used
456 to calculate such back taxes.
457 (9)(10)(a) If the property appraiser determines that for
458 any year or years within the prior 10 years a person who was not
459 entitled to the homestead property assessment limitation granted
460 under this section was granted the homestead property assessment
461 limitation, the property appraiser making such determination
462 must shall serve upon the owner a notice of intent to record in
463 the public records of the county a notice of tax lien against
464 any property owned by that person in the county, and such
465 property must be identified in the notice of tax lien. The
466 property appraiser must include with such notice information
467 explaining why the owner is not entitled to the limitation, the
468 years for which unpaid taxes, penalties, and interest are due,
469 and the manner in which unpaid taxes, penalties, and interest
470 have been calculated. Such property that is situated in this
471 state is subject to the unpaid taxes, plus a penalty of 50
472 percent of the unpaid taxes for each year and 15 percent
473 interest per annum. However, when a person entitled to exemption
474 pursuant to s. 196.031 inadvertently receives the limitation
475 pursuant to this section following a change of ownership, the
476 assessment of such property must be corrected as provided in
477 paragraph (8)(a) (9)(a), and the person need not pay the unpaid
478 taxes, penalties, or interest. Before a lien may be filed, the
479 person or entity so notified must be given 30 days to pay the
480 taxes and any applicable penalties and interest.
481 (b) If the property appraiser improperly grants the
482 property assessment limitation as a result of a clerical mistake
483 or an omission, the person or entity improperly receiving the
484 property assessment limitation may not be assessed a penalty or
485 interest. Back taxes shall apply only as follows:
486 1. If the person who received the limitation as a result of
487 a clerical mistake or omission voluntarily discloses to the
488 property appraiser that he or she was not entitled to the
489 limitation before the property appraiser notifies the owner of
490 the mistake or omission, no back taxes are shall be due.
491 2. If the person who received the limitation as a result of
492 a clerical mistake or omission does not voluntarily disclose to
493 the property appraiser that he or she was not entitled to the
494 limitation before the property appraiser notifies the owner of
495 the mistake or omission, back taxes are shall be due for any
496 year or years that the owner was not entitled to the limitation
497 within the 5 years before the property appraiser notified the
498 owner of the mistake or omission.
499 3. The property appraiser shall serve upon an owner who
500 owes back taxes under subparagraph 2. a notice of intent to
501 record in the public records of the county a notice of tax lien
502 against any property owned by that person in the county, and
503 such property must be identified in the notice of tax lien. The
504 property appraiser shall must include with such notice
505 information explaining why the owner is not entitled to the
506 limitation, the years for which unpaid taxes are due, and the
507 manner in which unpaid taxes have been calculated. Before a lien
508 may be filed, the person or entity so notified must be given 30
509 days to pay the taxes.
510 Section 2. Subsections (2) and (6) of section 194.011,
511 Florida Statutes, are amended to read:
512 194.011 Assessment notice; objections to assessments.—
513 (2) Any taxpayer who objects to the assessment placed on
514 any property taxable to him or her, including the assessment of
515 homestead property at less than just value under s. 193.155(8),
516 may request the property appraiser to informally confer with the
517 taxpayer. Upon receiving the request, the property appraiser, or
518 a member of his or her staff, shall confer with the taxpayer
519 regarding the correctness of the assessment. At this informal
520 conference, the taxpayer shall present those facts considered by
521 the taxpayer to be supportive of the taxpayer’s claim for a
522 change in the assessment of the property appraiser. The property
523 appraiser or his or her representative at this conference shall
524 present those facts considered by the property appraiser to be
525 supportive of the correctness of the assessment. However,
526 nothing herein may shall be construed to be a prerequisite to
527 administrative or judicial review of property assessments.
528 (6) The following provisions apply to petitions to the
529 value adjustment board concerning the assessment of homestead
530 property at less than just value under s. 193.155(8):
531 (a) If the taxpayer does not agree with the amount of the
532 assessment limitation difference for which the taxpayer
533 qualifies as stated by the property appraiser in the county
534 where the previous homestead property was located, or if the
535 property appraiser in that county has not stated that the
536 taxpayer qualifies to transfer any assessment limitation
537 difference, upon the taxpayer filing a petition to the value
538 adjustment board in the county where the new homestead property
539 is located, the value adjustment board in that county shall,
540 upon receiving the appeal, send a notice to the value adjustment
541 board in the county where the previous homestead was located,
542 which shall reconvene if it has already adjourned.
543 (b) Such notice operates as a petition in, and creates an
544 appeal to, the value adjustment board in the county where the
545 previous homestead was located of all issues surrounding the
546 previous assessment differential for the taxpayer involved.
547 However, the taxpayer may not petition to have the just,
548 assessed, or taxable value of the previous homestead changed.
549 (c) The value adjustment board in the county where the
550 previous homestead was located shall set the petition for
551 hearing and notify the taxpayer, the property appraiser in the
552 county where the previous homestead was located, the property
553 appraiser in the county where the new homestead is located, and
554 the value adjustment board in that county, and shall hear the
555 appeal. Such appeal shall be heard by an attorney special
556 magistrate if the value adjustment board in the county where the
557 previous homestead was located uses special magistrates. The
558 taxpayer may attend such hearing and present evidence, but need
559 not do so. The value adjustment board in the county where the
560 previous homestead was located shall issue a decision and send a
561 copy of the decision to the value adjustment board in the county
562 where the new homestead is located.
563 (d) In hearing the appeal in the county where the new
564 homestead is located, that value adjustment board shall consider
565 the decision of the value adjustment board in the county where
566 the previous homestead was located on the issues pertaining to
567 the previous homestead and on the amount of any assessment
568 reduction for which the taxpayer qualifies. The value adjustment
569 board in the county where the new homestead is located may not
570 hold its hearing until it has received the decision from the
571 value adjustment board in the county where the previous
572 homestead was located.
573 (e) In any circuit court proceeding to review the decision
574 of the value adjustment board in the county where the new
575 homestead is located, the court may also review the decision of
576 the value adjustment board in the county where the previous
577 homestead was located.
578 Section 3. The Department of Revenue shall create a grant
579 program to assist local governments with revenue shortfalls that
580 are attributable to the changes made by this act. The department
581 is authorized to adopt rules to administer this section.
582 Section 4. This act shall take effect on the effective date
583 of the amendment to the State Constitution proposed by SJR ____,
584 or a similar joint resolution having substantially the same
585 specific intent and purpose, if such amendment is approved at
586 the next general election or at an earlier special election
587 specifically authorized by law for that purpose.