Bill Text: FL S1254 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Ad Valorem Assessments
Spectrum: Bipartisan Bill
Status: (Failed) 2021-04-30 - Died in Appropriations, companion bill(s) passed, see HB 7061 (Ch. 2021-31) [S1254 Detail]
Download: Florida-2021-S1254-Introduced.html
Bill Title: Ad Valorem Assessments
Spectrum: Bipartisan Bill
Status: (Failed) 2021-04-30 - Died in Appropriations, companion bill(s) passed, see HB 7061 (Ch. 2021-31) [S1254 Detail]
Download: Florida-2021-S1254-Introduced.html
Florida Senate - 2021 SB 1254 By Senator Bean 4-00898C-21 20211254__ 1 A bill to be entitled 2 An act relating to ad valorem assessments; amending s. 3 193.155, F.S.; adding exceptions to the definition of 4 the term “change of ownership” for purposes of a 5 certain homestead assessment limitation; providing 6 that changes, additions, or improvements, including 7 ancillary improvements, to homestead property damaged 8 or destroyed by misfortune or calamity must be 9 assessed upon substantial completion; specifying that 10 the assessed value of the replaced homestead property 11 must be calculated using the assessed value of the 12 homestead property on a certain date before the date 13 on which the damage or destruction was sustained; 14 providing that certain changes, additions, or 15 improvements must be reassessed at just value in 16 subsequent years; amending s. 193.1554, F.S.; 17 providing that changes, additions, or improvements, 18 including ancillary improvements, to nonhomestead 19 residential property damaged or destroyed by 20 misfortune or calamity must be assessed upon 21 substantial completion; specifying that the assessed 22 value of the replaced nonhomestead residential 23 property must be calculated using the assessed value 24 of the nonhomestead residential property on a certain 25 date before the date on which the damage or 26 destruction was sustained; providing that certain 27 changes, additions, or improvements must be reassessed 28 at just value in subsequent years; amending s. 29 193.1555, F.S.; providing that changes, additions, or 30 improvements, including ancillary improvements, to 31 certain nonresidential real property damaged or 32 destroyed by misfortune or calamity must be assessed 33 upon substantial completion; specifying that the 34 assessed value of the replaced nonresidential real 35 property shall be calculated using the assessed value 36 of the residential and nonresidential real property on 37 a certain date before the date on which the damage or 38 destruction was sustained; providing that certain 39 changes, additions, or improvements must be reassessed 40 at just value in subsequent years; reenacting s. 41 193.1557, F.S., relating to assessment of property 42 damaged or destroyed by Hurricane Michael, to 43 incorporate amendments made by this act in references 44 thereto; providing applicability; providing an 45 effective date. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49 Section 1. Paragraph (a) of subsection (3) and paragraph 50 (b) of subsection (4) of section 193.155, Florida Statutes, are 51 amended to read: 52 193.155 Homestead assessments.—Homestead property shall be 53 assessed at just value as of January 1, 1994. Property receiving 54 the homestead exemption after January 1, 1994, shall be assessed 55 at just value as of January 1 of the year in which the property 56 receives the exemption unless the provisions of subsection (8) 57 apply. 58 (3)(a) Except as provided in this subsection or subsection 59 (8), property assessed under this section shall be assessed at 60 just value as of January 1 of the year following a change of 61 ownership. Thereafter, the annual changes in the assessed value 62 of the property are subject to the limitations in subsections 63 (1) and (2). For the purpose of this section, a change of 64 ownership means any sale, foreclosure, or transfer of legal 65 title or beneficial title in equity to any person, except if any 66 of the following apply: 67 1. Subsequent to the change or transfer, the same person is 68 entitled to the homestead exemption as was previously entitled 69 and: 70 a. The transfer of title is to correct an error; 71 b. The transfer is between legal and equitable title or 72 equitable and equitable title and no additional person applies 73 for a homestead exemption on the property; 74 c. The change or transfer is by means of an instrument in 75 which the owner is listed as both grantor and grantee of the 76 real property and one or more other individuals are additionally 77 named as grantee. However, if any individual who is additionally 78 named as a grantee applies for a homestead exemption on the 79 property, the application is considered a change of ownership; 80or81 d. The change or transfer is by means of an instrument in 82 which the owner entitled to the homestead exemption is listed as 83 both grantor and grantee of the real property and one or more 84 other individuals, all of whom held title as joint tenants with 85 rights of survivorship with the owner, are named only as 86 grantors and are removed from the title; or 87 e. The person is a lessee entitled to the homestead 88 exemption under s. 196.041(1). 89 2. Legal or equitable title is changed or transferred 90 between husband and wife, including a change or transfer to a 91 surviving spouse or a transfer due to a dissolution of marriage; 92 3. The transfer occurs by operation of law to the surviving 93 spouse or minor child or children under s. 732.401;or94 4. Upon the death of the owner, the transfer is between the 95 owner and another who is a permanent resident and who is legally 96 or naturally dependent upon the owner; or 97 5. The transfer occurs with respect to a property where all 98 of the following apply: 99 a. Multiple owners hold title as joint tenants with rights 100 of survivorship; 101 b. One or more owners were entitled to and received the 102 homestead exemption on the property; 103 c. The death of one or more owners occurs; and 104 d. Subsequent to the transfer, the surviving owner or 105 owners previously entitled to and receiving the homestead 106 exemption continue to be entitled to and receive the homestead 107 exemption. 108 (4) 109 (b)1. Changes, additions, or improvements that replace all 110 or a portion of homestead property, including ancillary 111 improvements, damaged or destroyed by misfortune or calamity 112 shall be assessed upon substantial completion as provided in 113 this paragraph. Such assessment must be calculated usingshall114not increasethe homestead property’s assessed value as of the 115 January 1 immediately before the date on which the damage or 116 destruction was sustained, subject to the assessment limitations 117 in subsections (1) and (2), when: 118 a. The square footage of the homestead property as changed 119 or improved does not exceed 110 percent of the square footage of 120 the homestead property before the damage or destruction; or.121 b.Additionally, the homestead property’s assessed value122shall not increase ifThe total square footage of the homestead 123 property as changed or improved does not exceed 1,500 square 124 feet.Changes, additions, or improvements that do not cause the125total to exceed 110 percent of the total square footage of the126homestead property before the damage or destruction or that do127not cause the total to exceed 1,500 total square feet shall be128reassessed as provided under subsection (1).129 2. The homestead property’s assessed value mustshallbe 130 increased by the just value of that portion of the changed or 131 improved homestead property which is in excess of 110 percent of 132 the square footage of the homestead property before the damage 133 or destruction or of that portion exceeding 1,500 square feet. 134 135 Changes, additions, or improvements assessed pursuant to this 136 paragraph must be reassessed pursuant to subsection (1) in 137 subsequent years. 138 3. Homestead property damaged or destroyed by misfortune or 139 calamity which, after being changed or improved, has a square 140 footage of less than 100 percent of the homestead property’s 141 total square footage before the damage or destruction shall be 142 assessed pursuant to subsection (5). 143 4. This paragraph applies to changes, additions, or 144 improvements commenced within 3 years after the January 1 145 following the damage or destruction of the homestead. 146 Section 2. Paragraph (b) of subsection (6) of section 147 193.1554, Florida Statutes, is amended to read: 148 193.1554 Assessment of nonhomestead residential property.— 149 (6) 150 (b)1. Changes, additions, or improvements that replace all 151 or a portion of nonhomestead residential property, including 152 ancillary improvements, damaged or destroyed by misfortune or 153 calamity must be assessed upon substantial completion as 154 provided in this paragraph. Such assessment must be calculated 155 usingshallnot increasethe nonhomestead property’s assessed 156 value as of the January 1 immediately before the date on which 157 the damage or destruction was sustained, subject to the 158 assessment limitations in subsections (1) and (2), when: 159 a. The square footage of the property as changed or 160 improved does not exceed 110 percent of the square footage of 161 the property before the damage or destruction; or.162 b.Additionally, the property’s assessed value shall not163increase ifThe total square footage of the property as changed 164 or improved does not exceed 1,500 square feet.Changes,165additions, or improvements that do not cause the total to exceed166110 percent of the total square footage of the property before167the damage or destruction or that do not cause the total to168exceed 1,500 total square feet shall be reassessed as provided169under subsection (3).170 2. The property’s assessed value mustshallbe increased by 171 the just value of that portion of the changed or improved 172 property which is in excess of 110 percent of the square footage 173 of the property before the damage or destruction or of that 174 portion exceeding 1,500 square feet. 175 176 Changes, additions, or improvements assessed pursuant to this 177 paragraph shall be reassessed pursuant to subsection (3) in 178 subsequent years. 179 3. Property damaged or destroyed by misfortune or calamity 180 which, after being changed or improved, has a square footage of 181 less than 100 percent of the property’s total square footage 182 before the damage or destruction shall be assessed pursuant to 183 subsection (8). 184 4. This paragraph applies to changes, additions, or 185 improvements commenced within 3 years after the January 1 186 following the damage or destruction of the property. 187 Section 3. Paragraph (b) of subsection (6) of section 188 193.1555, Florida Statutes, is amended to read: 189 193.1555 Assessment of certain residential and 190 nonresidential real property.— 191 (6) 192 (b)1. Changes, additions, or improvements that replace all 193 or a portion of nonresidential real property, including 194 ancillary improvements, damaged or destroyed by misfortune or 195 calamity must be assessed upon substantial completion as 196 provided in this paragraph. Such assessment must be calculated 197 usingshallnot increasethe nonresidential real property’s 198 assessed value as of the January 1 immediately before the date 199 on which the damage or destruction was sustained, subject to the 200 assessment limitations in subsections (1) and (2), when: 201 a. The square footage of the property as changed or 202 improved does not exceed 110 percent of the square footage of 203 the property before the damage or destruction; and 204 b. The changes, additions, or improvements do not change 205 the property’s character or use.Changes, additions, or206improvements that do not cause the total to exceed 110 percent207of the total square footage of the property before the damage or208destruction and do not change the property’s character or use209shall be reassessed as provided under subsection (3).210 2. The property’s assessed value mustshallbe increased by 211 the just value of that portion of the changed or improved 212 property which is in excess of 110 percent of the square footage 213 of the property before the damage or destruction. 214 215 Changes, additions, or improvements assessed pursuant to this 216 paragraph must be reassessed pursuant to subsection (3) in 217 subsequent years. 218 3. Property damaged or destroyed by misfortune or calamity 219 which, after being changed or improved, has a square footage of 220 less than 100 percent of the property’s total square footage 221 before the damage or destruction shall be assessed pursuant to 222 subsection (8). 223 4. This paragraph applies to changes, additions, or 224 improvements commenced within 3 years after the January 1 225 following the damage or destruction of the property. 226 Section 4. For the purpose of incorporating the amendments 227 made by this act to sections 193.155, 193.1554, and 193.1555, 228 Florida Statutes, in references thereto, section 193.1557, 229 Florida Statutes, is reenacted to read: 230 193.1557 Assessment of certain property damaged or 231 destroyed by Hurricane Michael.—For property damaged or 232 destroyed by Hurricane Michael in 2018, s. 193.155(4)(b), s. 233 193.1554(6)(b), or s. 193.1555(6)(b) applies to changes, 234 additions, or improvements commenced within 5 years after 235 January 1, 2019. This section applies to the 2019-2023 tax rolls 236 and shall stand repealed on December 31, 2023. 237 Section 5. The amendments made by this act to sections 238 193.155, 193.1554, and 193.1555, Florida Statutes, are remedial 239 and clarifying in nature, but the amendments may not affect any 240 assessment for tax rolls before 2021 unless the assessment is 241 under review by a value adjustment board or a Florida court as 242 of the effective date of this act. If changes, additions, or 243 improvements that replaced all or a portion of property damaged 244 or destroyed by misfortune or calamity were not assessed in 245 accordance with this act as of the January 1 immediately after 246 they were substantially completed, the property appraiser must 247 determine the assessment for the year they were substantially 248 completed and recalculate the just and assessed value for each 249 subsequent year so that the 2021 tax roll and subsequent tax 250 rolls will be corrected. 251 Section 6. This act applies to assessments made as of 252 January 1, 2021. 253 Section 7. This act shall take effect July 1, 2021.