Florida Senate - 2025                                     SB 378
       
       
        
       By Senator Harrell
       
       
       
       
       
       31-01158-25                                            2025378__
    1                        A bill to be entitled                      
    2         An act relating to ad valorem taxation; amending s.
    3         196.011, F.S.; authorizing a taxpayer to rescind a
    4         homestead exemption application; providing
    5         requirements for rescinding such application;
    6         requiring the property appraiser to adjust the tax
    7         roll; authorizing the Department of Revenue to adopt
    8         emergency rules; providing applicability; amending s.
    9         196.196, F.S.; revising conditions under which
   10         property is entitled to a certain exemption; defining
   11         the term “religious activities”; relocating a
   12         provision relating to property used as a parsonage,
   13         burial grounds, or a tomb; providing an effective
   14         date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (14) is added to section 196.011,
   19  Florida Statutes, to read:
   20         196.011 Annual application required for exemption.—
   21         (14)(a) A taxpayer having filed an application for a
   22  homestead exemption on a property under s. 196.031 by March 1
   23  may elect to rescind his or her filed application by notifying
   24  the property appraiser. A taxpayer making such election must
   25  notify the property appraiser on a form provided by the
   26  department of such election between August 1 and September 15 of
   27  the same taxable year for which the taxpayer filed an
   28  application for a homestead exemption. To qualify to make the
   29  election, all of the following conditions must be met:
   30         1. The taxpayer must have owned the property when the
   31  property was assessed on January 1 of the previous year.
   32         2. The property must have been assessed under s. 193.1554
   33  or s. 193.1555 on January 1 of the previous year.
   34         3. The taxpayer must have been in continuous ownership of
   35  the property from the time of assessment on January 1 of the
   36  previous year until the time the taxpayer filed an application
   37  for a homestead exemption on the property.
   38         (b) If a taxpayer elects to rescind his or her filed
   39  application for a homestead exemption under this subsection, the
   40  property appraiser shall adjust the tax roll before
   41  certification to the tax collector pursuant to s. 197.322 to
   42  reflect the effect of such rescindment.
   43         Section 2. (1) The Department of Revenue may, and all
   44  conditions are deemed met to, adopt emergency rules pursuant to
   45  s. 120.54(4), Florida Statutes, to administer section 1 of this
   46  act.
   47         (2) Notwithstanding any other provision of law, emergency
   48  rules adopted under this section are effective for 6 months
   49  after adoption and may be renewed during the pendency of
   50  procedures to adopt permanent rules addressing the subject of
   51  the emergency rules.
   52         Section 3. The amendments made by this act to s. 196.011,
   53  Florida Statutes, first apply to the 2026 tax roll.
   54         Section 4. Subsections (3) and (6) of section 196.196,
   55  Florida Statutes, are amended to read:
   56         196.196 Determining whether property is entitled to
   57  charitable, religious, scientific, or literary exemption.—
   58         (3) Property owned by an exempt organization is used for an
   59  exempt a religious purpose if the organization institution has
   60  taken affirmative steps to prepare the property for the
   61  utilization of the property for charitable, religious,
   62  scientific, or literary activities use as a house of public
   63  worship. The term “affirmative steps” means environmental or
   64  land use permitting activities, creation of architectural plans
   65  or schematic drawings, land clearing or site preparation,
   66  construction or renovation activities, or other similar
   67  activities that demonstrate a commitment of the property to the
   68  utilization of the property for charitable, religious,
   69  scientific, or literary activities a religious use as a house of
   70  public worship.
   71         (a) For purposes of this subsection section, the term
   72  “religious activities” means the use of the property as a house
   73  of public worship. For purposes of this subsection, the term
   74  “public worship” means religious worship services and those
   75  other activities that are incidental to religious worship
   76  services, such as educational activities, parking, recreation,
   77  partaking of meals, and fellowship.
   78         (b) Property that is used as a parsonage, burial grounds,
   79  or a tomb and is owned by an exempt organization that owns a
   80  house of public worship is used for a religious purpose.
   81         (6) Property that is used as a parsonage, burial grounds,
   82  or a tomb and is owned by an exempt organization that owns a
   83  house of public worship is used for a religious purpose.
   84         Section 5. This act shall take effect July 1, 2025.