Bill Text: FL S1186 | 2021 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Property Assessments for Elevated Properties

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2021-04-30 - Died on Calendar, companion bill(s) passed, see HJR 1377 (Passed) [S1186 Detail]

Download: Florida-2021-S1186-Comm_Sub.html

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       Florida Senate - 2021                      CS for CS for SB 1186
       
       
        
       By the Committees on Finance and Tax; and Community Affairs; and
       Senator Brandes
       
       
       
       
       593-04149-21                                          20211186c2
    1                        A bill to be entitled                      
    2         An act relating to property assessments for elevated
    3         properties; amending ss. 193.155 and 193.1554, F.S.;
    4         specifying that changes to elevate certain homestead
    5         and nonhomestead residential property, respectively,
    6         do not increase the assessed value of the property
    7         under certain circumstances; requiring property owners
    8         to provide certification for such property; defining
    9         the terms “voluntary elevation” and “voluntarily
   10         elevated”; prohibiting certain areas from being
   11         included in square footage calculation; revising
   12         applicability; making clarifying revisions; amending
   13         s. 193.1557, F.S.; revising applicability; providing a
   14         contingent effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (4) of section 193.155, Florida
   19  Statutes, is amended to read:
   20         193.155 Homestead assessments.—Homestead property shall be
   21  assessed at just value as of January 1, 1994. Property receiving
   22  the homestead exemption after January 1, 1994, shall be assessed
   23  at just value as of January 1 of the year in which the property
   24  receives the exemption unless the provisions of subsection (8)
   25  apply.
   26         (4)(a) Except as provided in paragraph (b) and s. 193.624,
   27  changes, additions, or improvements to homestead property shall
   28  be assessed at just value as of the first January 1 after the
   29  changes, additions, or improvements are substantially completed.
   30         (b) Changes, additions, or improvements that replace all or
   31  a portion of homestead property damaged or destroyed by
   32  misfortune or calamity shall not increase the homestead
   33  property’s assessed value when the square footage of the
   34  homestead property as changed or improved does not exceed 110
   35  percent of the square footage of the homestead property before
   36  the damage, or destruction, or voluntary elevation of the
   37  homestead property if:
   38         1. The homestead property was damaged or destroyed by
   39  misfortune or calamity; or
   40         2. Before the voluntary elevation, the homestead property
   41  did not comply with the Federal Emergency Management Agency’s
   42  National Flood Insurance Program requirements and Florida
   43  Building Code elevation requirements and was elevated in
   44  compliance with such requirements. The property owner shall
   45  provide elevation certificates for both the original and the
   46  elevated homestead property. For purposes of this subsection,
   47  the term “voluntary elevation” or “voluntarily elevated” means
   48  the elevation of an existing nonconforming homestead property or
   49  the removal and rebuilding of a nonconforming homestead
   50  property. Conforming areas below an elevated structure
   51  designated only for parking, storage, or access may not be
   52  included in the 110 percent calculation unless the area exceeds
   53  110 percent of the square footage before the voluntary
   54  elevation.
   55  
   56  Additionally, the homestead property’s assessed value may shall
   57  not increase if the total square footage of the homestead
   58  property as changed, or improved, or elevated does not exceed
   59  1,500 square feet.
   60         (c) Changes, additions, or improvements that do not cause
   61  the total to exceed 110 percent of the total square footage of
   62  the homestead property before the qualifying damage, or
   63  destruction, or voluntary elevation or that do not cause the
   64  total to exceed 1,500 total square feet shall be reassessed as
   65  provided under subsection (1). The homestead property’s assessed
   66  value shall be increased by the just value of that portion of
   67  the changed or improved homestead property which is in excess of
   68  110 percent of the square footage of the homestead property
   69  before the qualifying damage, or destruction, or voluntary
   70  elevation or of that portion exceeding 1,500 square feet.
   71  Homestead property damaged, or destroyed, or voluntarily
   72  elevated by misfortune or calamity which, after being changed or
   73  improved, has a square footage of less than 100 percent of the
   74  homestead property’s total square footage before the qualifying
   75  damage, or destruction, or voluntary elevation shall be assessed
   76  pursuant to subsection (5).
   77         (d) For changes, additions, or improvements made to replace
   78  property that was damaged or destroyed by misfortune or
   79  calamity, this subsection paragraph applies to the changes,
   80  additions, or improvements commenced within 3 years after the
   81  January 1 following the qualifying damage or destruction of the
   82  homestead property.
   83         (e)(c) Changes, additions, or improvements that replace all
   84  or a portion of real property that was damaged, or destroyed, or
   85  voluntarily elevated by misfortune or calamity shall be assessed
   86  upon substantial completion as if such qualifying damage, or
   87  destruction, or voluntary elevation had not occurred and in
   88  accordance with paragraph (b) if the owner of such property:
   89         1. Was permanently residing on such property when the
   90  qualifying damage, or destruction, or voluntary elevation
   91  occurred;
   92         2. Was not entitled to receive homestead exemption on such
   93  property as of January 1 of that year; and
   94         3. Applies for and receives homestead exemption on such
   95  property the following year.
   96         (f)(d) Changes, additions, or improvements include
   97  improvements made to common areas or other improvements made to
   98  property other than to the homestead property by the owner or by
   99  an owner association, which improvements directly benefit the
  100  homestead property. Such changes, additions, or improvements
  101  shall be assessed at just value, and the just value shall be
  102  apportioned among the parcels benefiting from the improvement.
  103         Section 2. Subsection (6) of section 193.1554, Florida
  104  Statutes, is amended to read:
  105         193.1554 Assessment of nonhomestead residential property.—
  106         (6)(a) Except as provided in paragraph (b) and s. 193.624,
  107  changes, additions, or improvements to nonhomestead residential
  108  property shall be assessed at just value as of the first January
  109  1 after the changes, additions, or improvements are
  110  substantially completed.
  111         (b) Changes, additions, or improvements that replace all or
  112  a portion of nonhomestead residential property damaged or
  113  destroyed by misfortune or calamity shall not increase the
  114  property’s assessed value when the square footage of the
  115  property as changed or improved does not exceed 110 percent of
  116  the square footage of the property before the damage, or
  117  destruction, or voluntary elevation of the property if:
  118         1. The property was damaged or destroyed by misfortune or
  119  calamity; or
  120         2. Before the voluntary elevation, the property did not
  121  comply with the Federal Emergency Management Agency’s National
  122  Flood Insurance Program requirements and Florida Building Code
  123  elevation requirements and was elevated in compliance with such
  124  requirements. The property owner must provide elevation
  125  certificates for both the original and the elevated property.
  126  For purposes of this subsection, the term “voluntary elevation”
  127  or “voluntarily elevated” means the elevation of an existing
  128  nonconforming nonhomestead residential property or the removal
  129  and rebuilding of a nonconforming nonhomestead residential
  130  property. Conforming areas below an elevated structure
  131  designated only for parking, storage, or access may not be
  132  included in the 110 percent calculation unless the area exceeds
  133  110 percent of the square footage before the voluntary
  134  elevation.
  135  
  136  Additionally, the property’s assessed value may shall not
  137  increase if the total square footage of the property as changed,
  138  or improved, or elevated does not exceed 1,500 square feet.
  139         (c) Changes, additions, or improvements that do not cause
  140  the total to exceed 110 percent of the total square footage of
  141  the property before the qualifying damage, or destruction, or
  142  voluntary elevation or that do not cause the total to exceed
  143  1,500 total square feet shall be reassessed as provided under
  144  subsection (3). The property’s assessed value shall be increased
  145  by the just value of that portion of the changed or improved
  146  property which is in excess of 110 percent of the square footage
  147  of the property before the qualifying damage, or destruction, or
  148  voluntary elevation or of that portion exceeding 1,500 square
  149  feet. Property damaged, or destroyed, or voluntarily elevated by
  150  misfortune or calamity which, after being changed or improved,
  151  has a square footage of less than 100 percent of the property’s
  152  total square footage before the qualifying damage, or
  153  destruction, or voluntary elevation shall be assessed pursuant
  154  to subsection (8).
  155         (d) For changes, additions, or improvements made to replace
  156  property that was damaged or destroyed by misfortune or
  157  calamity, this subsection paragraph applies to the changes,
  158  additions, or improvements commenced within 3 years after the
  159  January 1 following the qualifying damage or destruction of the
  160  property.
  161         (e)(c) Changes, additions, or improvements include
  162  improvements made to common areas or other improvements made to
  163  property other than to the nonhomestead residential property by
  164  the owner or by an owner association, which improvements
  165  directly benefit the property. Such changes, additions, or
  166  improvements shall be assessed at just value, and the just value
  167  shall be apportioned among the parcels benefiting from the
  168  improvement.
  169         Section 3. Section 193.1557, Florida Statutes, is amended
  170  to read:
  171         193.1557 Assessment of certain property damaged or
  172  destroyed by Hurricane Michael.—For property damaged or
  173  destroyed by Hurricane Michael in 2018, s. 193.155(4)(b),
  174  Florida Statutes (2020), s. 193.1554(6)(b), Florida Statutes
  175  (2020), or s. 193.1555(6)(b), Florida Statutes (2020), applies
  176  to changes, additions, or improvements commenced within 5 years
  177  after January 1, 2019. This section applies to the 2019-2023 tax
  178  rolls and shall stand repealed on December 31, 2023.
  179         Section 4. This act shall take effect on the effective date
  180  of the amendment to the State Constitution proposed by SJR 1182
  181  or a similar joint resolution having substantially the same
  182  specific intent and purpose, if such amendment to the State
  183  Constitution is approved at the general election held in
  184  November 2022 or at an earlier special election specifically
  185  authorized by law for that purpose.