Bill Text: FL S1884 | 2010 | Regular Session | Introduced

Florida Senate Bill 1884 (Prior Session Legislation)

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

Bill Title: Real Property [WPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-29 - Placed on Special Order Calendar; Read 2nd time -SJ 01096; Substituted CS/CS/HB 927 -SJ 01096; Laid on Table, companion bill(s) passed, see CS/CS/HB 927 (Ch. 2010-109) -SJ 01096 [S1884 Detail]

Download: Florida-2010-S1884-Introduced.html

 
Florida Senate - 2010                                    SB 1884 
 
By Senator Altman 
24-01244-10                                           20101884__ 
1                        A bill to be entitled 
2         An act relating to homestead assessments; amending s. 
3         193.155, F.S.; revising the criteria under which a 
4         transfer of homestead property is not considered a 
5         change of ownership; providing for such provisions to 
6         apply to a leasehold interest under certain 
7         circumstances; providing an effective date. 
8 
9  Be It Enacted by the Legislature of the State of Florida: 
10 
11         Section 1. Subsection (3) of section 193.155, Florida 
12  Statutes, is amended to read: 
13         193.155 Homestead assessments.—Homestead property shall be 
14  assessed at just value as of January 1, 1994. Property receiving 
15  the homestead exemption after January 1, 1994, shall be assessed 
16  at just value as of January 1 of the year in which the property 
17  receives the exemption unless the provisions of subsection (8) 
18  apply. 
19         (3)(a) Except as provided in this subsection or subsection 
20  (8), property assessed under this section shall be assessed at 
21  just value as of January 1 of the year following a change of 
22  ownership. Thereafter, the annual changes in the assessed value 
23  of the property are subject to the limitations in subsections 
24  (1) and (2). For the purpose of this section, a change of 
25  ownership means any sale, foreclosure, or transfer of legal 
26  title or beneficial title in equity to any person, except as 
27  provided in this subsection. There is no change of ownership if: 
28         1.(a) Subsequent to the change or transfer, the same person 
29  is entitled to the homestead exemption as was previously 
30  entitled and: 
31         a.1. The transfer of title is to correct an error; 
32         b.2. The transfer is between legal and equitable title or 
33  equitable and equitable title and no additional person applies 
34  for a homestead exemption on the property; or 
35         c.3. The change or transfer is by means of an instrument in 
36  which the owner is listed as both grantor and grantee of the 
37  real property and one or more other individuals are additionally 
38  named as grantee. However, if any individual who is additionally 
39  named as a grantee applies for a homestead exemption on the 
40  property, the application shall be considered a change of 
41  ownership; 
42         2.(b) Legal or equitable title is changed or transferred 
43  The transfer is between husband and wife, including a change or 
44  transfer to a surviving spouse or a transfer due to a 
45  dissolution of marriage; 
46         3.(c) The transfer occurs by operation of law to the 
47  surviving spouse or minor child or children under s. 732.401 s. 
48  732.4015; or 
49         4.(d) Upon the death of the owner, the transfer is between 
50  the owner and another who is a permanent resident and is legally 
51  or naturally dependent upon the owner. 
52         (b) For purposes of this subsection, a leasehold interest 
53  that qualifies for the homestead exemption under s. 196.031 or 
54  s. 196.041 shall be treated as an equitable interest in the 
55  property. 
56         Section 2. This act shall take effect July 1, 2010.