Florida Senate - 2011                                     SB 596
       
       
       
       By Senator Bennett
       
       
       
       
       21-00789-11                                            2011596__
    1                        A bill to be entitled                      
    2         An act relating to homestead property assessments;
    3         amending s. 193.155, F.S.; providing additional
    4         limitations on annual changes in assessments of
    5         homestead real property; providing an effective date.
    6  
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Section 193.155, Florida Statutes, is amended to
   10  read:
   11         193.155 Homestead assessments.—Homestead property shall be
   12  assessed at just value as of January 1, 1994. Property receiving
   13  the homestead exemption after January 1, 1994, shall be assessed
   14  at just value as of January 1 of the year in which the property
   15  receives the exemption unless the provisions of subsection (8)
   16  apply.
   17         (1) Beginning in 1995, or the year after following the year
   18  the property receives a homestead exemption, whichever is later,
   19  the property shall be reassessed annually on January 1 as
   20  follows:
   21         (a) If the just value of the homestead property decreases
   22  or remains the same from the prior year, the assessed value
   23  shall not change.
   24         (b) If the just value of the homestead property increases
   25  from the prior year, the. Any change resulting from such
   26  reassessment shall not exceed the lower of the following:
   27         1.(a) Three percent of the assessed value of the property
   28  for the prior year; or
   29         2.(b) The percentage change in the Consumer Price Index for
   30  All Urban Consumers, U.S. City Average, all items 1967=100, or
   31  successor reports for the preceding calendar year as initially
   32  reported by the United States Department of Labor, Bureau of
   33  Labor Statistics.
   34         (2) If the assessed value of the property as calculated
   35  under subsection (1) exceeds the just value, the assessed value
   36  of the property shall be lowered to the just value of the
   37  property.
   38         (3)(a) Except as provided in this subsection or subsection
   39  (8), property assessed under this section shall be assessed at
   40  just value as of January 1 of the year following a change of
   41  ownership. Thereafter, the annual changes in the assessed value
   42  of the property are subject to the limitations in subsections
   43  (1) and (2). For the purpose of this section, a change of
   44  ownership means any sale, foreclosure, or transfer of legal
   45  title or beneficial title in equity to any person, except as
   46  provided in this subsection. There is no change of ownership if:
   47         1. Subsequent to the change or transfer, the same person is
   48  entitled to the homestead exemption as was previously entitled
   49  and:
   50         a. The transfer of title is to correct an error;
   51         b. The transfer is between legal and equitable title or
   52  equitable and equitable title and no additional person applies
   53  for a homestead exemption on the property; or
   54         c. The change or transfer is by means of an instrument in
   55  which the owner is listed as both grantor and grantee of the
   56  real property and one or more other individuals are additionally
   57  named as grantee. However, if any individual who is additionally
   58  named as a grantee applies for a homestead exemption on the
   59  property, the application shall be considered a change of
   60  ownership;
   61         2. Legal or equitable title is changed or transferred
   62  between husband and wife, including a change or transfer to a
   63  surviving spouse or a transfer due to a dissolution of marriage;
   64         3. The transfer occurs by operation of law to the surviving
   65  spouse or minor child or children under s. 732.401; or
   66         4. Upon the death of the owner, the transfer is between the
   67  owner and another who is a permanent resident and is legally or
   68  naturally dependent upon the owner.
   69         (b) For purposes of this subsection, a leasehold interest
   70  that qualifies for the homestead exemption under s. 196.031 or
   71  s. 196.041 shall be treated as an equitable interest in the
   72  property.
   73         (4)(a) Except as provided in paragraph (b), changes,
   74  additions, or improvements to homestead property shall be
   75  assessed at just value as of the first January 1 after the
   76  changes, additions, or improvements are substantially completed.
   77         (b) Changes, additions, or improvements that replace all or
   78  a portion of homestead property damaged or destroyed by
   79  misfortune or calamity shall not increase the homestead
   80  property’s assessed value when the square footage of the
   81  homestead property as changed or improved does not exceed 110
   82  percent of the square footage of the homestead property before
   83  the damage or destruction. Additionally, the homestead
   84  property’s assessed value shall not increase if the total square
   85  footage of the homestead property as changed or improved does
   86  not exceed 1,500 square feet. Changes, additions, or
   87  improvements that do not cause the total to exceed 110 percent
   88  of the total square footage of the homestead property before the
   89  damage or destruction or that do not cause the total to exceed
   90  1,500 total square feet shall be reassessed as provided under
   91  subsection (1). The homestead property’s assessed value shall be
   92  increased by the just value of that portion of the changed or
   93  improved homestead property which is in excess of 110 percent of
   94  the square footage of the homestead property before the damage
   95  or destruction or of that portion exceeding 1,500 square feet.
   96  Homestead property damaged or destroyed by misfortune or
   97  calamity which, after being changed or improved, has a square
   98  footage of less than 100 percent of the homestead property’s
   99  total square footage before the damage or destruction shall be
  100  assessed pursuant to subsection (5). This paragraph applies to
  101  changes, additions, or improvements commenced within 3 years
  102  after the January 1 following the damage or destruction of the
  103  homestead.
  104         (c) Changes, additions, or improvements that replace all or
  105  a portion of real property that was damaged or destroyed by
  106  misfortune or calamity shall be assessed upon substantial
  107  completion as if such damage or destruction had not occurred and
  108  in accordance with paragraph (b) if the owner of such property:
  109         1. Was permanently residing on such property when the
  110  damage or destruction occurred;
  111         2. Was not entitled to receive homestead exemption on such
  112  property as of January 1 of that year; and
  113         3. Applies for and receives homestead exemption on such
  114  property the following year.
  115         (d) Changes, additions, or improvements include
  116  improvements made to common areas or other improvements made to
  117  property other than to the homestead property by the owner or by
  118  an owner association, which improvements directly benefit the
  119  homestead property. Such changes, additions, or improvements
  120  shall be assessed at just value, and the just value shall be
  121  apportioned among the parcels benefiting from the improvement.
  122         (5) When property is destroyed or removed and not replaced,
  123  the assessed value of the parcel shall be reduced by the
  124  assessed value attributable to the destroyed or removed
  125  property.
  126         (6) Only property that receives a homestead exemption is
  127  subject to this section. No portion of property that is assessed
  128  solely on the basis of character or use pursuant to s. 193.461
  129  or s. 193.501, or assessed pursuant to s. 193.505, is subject to
  130  this section. When property is assessed under s. 193.461, s.
  131  193.501, or s. 193.505 and contains a residence under the same
  132  ownership, the portion of the property consisting of the
  133  residence and curtilage must be assessed separately, pursuant to
  134  s. 193.011, for the assessment to be subject to the limitation
  135  in this section.
  136         (7) If a person received a homestead exemption limited to
  137  that person’s proportionate interest in real property, the
  138  provisions of this section apply only to that interest.
  139         (8) Property assessed under this section shall be assessed
  140  at less than just value when the person who establishes a new
  141  homestead has received a homestead exemption as of January 1 of
  142  either of the 2 immediately preceding years. A person who
  143  establishes a new homestead as of January 1, 2008, is entitled
  144  to have the new homestead assessed at less than just value only
  145  if that person received a homestead exemption on January 1,
  146  2007, and only if this subsection applies retroactive to January
  147  1, 2008. For purposes of this subsection, a husband and wife who
  148  owned and both permanently resided on a previous homestead shall
  149  each be considered to have received the homestead exemption even
  150  though only the husband or the wife applied for the homestead
  151  exemption on the previous homestead. The assessed value of the
  152  newly established homestead shall be determined as provided in
  153  this subsection.
  154         (a) If the just value of the new homestead as of January 1
  155  is greater than or equal to the just value of the immediate
  156  prior homestead as of January 1 of the year in which the
  157  immediate prior homestead was abandoned, the assessed value of
  158  the new homestead shall be the just value of the new homestead
  159  minus an amount equal to the lesser of $500,000 or the
  160  difference between the just value and the assessed value of the
  161  immediate prior homestead as of January 1 of the year in which
  162  the prior homestead was abandoned. Thereafter, the homestead
  163  shall be assessed as provided in this section.
  164         (b) If the just value of the new homestead as of January 1
  165  is less than the just value of the immediate prior homestead as
  166  of January 1 of the year in which the immediate prior homestead
  167  was abandoned, the assessed value of the new homestead shall be
  168  equal to the just value of the new homestead divided by the just
  169  value of the immediate prior homestead and multiplied by the
  170  assessed value of the immediate prior homestead. However, if the
  171  difference between the just value of the new homestead and the
  172  assessed value of the new homestead calculated pursuant to this
  173  paragraph is greater than $500,000, the assessed value of the
  174  new homestead shall be increased so that the difference between
  175  the just value and the assessed value equals $500,000.
  176  Thereafter, the homestead shall be assessed as provided in this
  177  section.
  178         (c) If two or more persons who have each received a
  179  homestead exemption as of January 1 of either of the 2
  180  immediately preceding years and who would otherwise be eligible
  181  to have a new homestead property assessed under this subsection
  182  establish a single new homestead, the reduction from just value
  183  is limited to the higher of the difference between the just
  184  value and the assessed value of either of the prior eligible
  185  homesteads as of January 1 of the year in which either of the
  186  eligible prior homesteads was abandoned, but may not exceed
  187  $500,000.
  188         (d) If two or more persons abandon jointly owned and
  189  jointly titled property that received a homestead exemption as
  190  of January 1 of either of the 2 immediately preceding years, and
  191  one or more such persons who were entitled to and received a
  192  homestead exemption on the abandoned property establish a new
  193  homestead that would otherwise be eligible for assessment under
  194  this subsection, each such person establishing a new homestead
  195  is entitled to a reduction from just value for the new homestead
  196  equal to the just value of the prior homestead minus the
  197  assessed value of the prior homestead divided by the number of
  198  owners of the prior homestead who received a homestead
  199  exemption, unless the title of the property contains specific
  200  ownership shares, in which case the share of reduction from just
  201  value shall be proportionate to the ownership share. In
  202  calculating the assessment reduction to be transferred from a
  203  prior homestead that has an assessment reduction for living
  204  quarters of parents or grandparents pursuant to s. 193.703, the
  205  value calculated pursuant to s. 193.703(6) must first be added
  206  back to the assessed value of the prior homestead. The total
  207  reduction from just value for all new homesteads established
  208  under this paragraph may not exceed $500,000. There shall be no
  209  reduction from just value of any new homestead unless the prior
  210  homestead is reassessed at just value or is reassessed under
  211  this subsection as of January 1 after the abandonment occurs.
  212         (e) If one or more persons who previously owned a single
  213  homestead and each received the homestead exemption qualify for
  214  a new homestead where all persons who qualify for homestead
  215  exemption in the new homestead also qualified for homestead
  216  exemption in the previous homestead without an additional person
  217  qualifying for homestead exemption in the new homestead, the
  218  reduction in just value shall be calculated pursuant to
  219  paragraph (a) or paragraph (b), without application of paragraph
  220  (c) or paragraph (d).
  221         (f) For purposes of receiving an assessment reduction
  222  pursuant to this subsection, a person entitled to assessment
  223  under this section may abandon his or her homestead even though
  224  it remains his or her primary residence by notifying the
  225  property appraiser of the county where the homestead is located.
  226  This notification must be in writing and delivered at the same
  227  time as or before timely filing a new application for homestead
  228  exemption on the property.
  229         (g) In order to have his or her homestead property assessed
  230  under this subsection, a person must file a form provided by the
  231  department as an attachment to the application for homestead
  232  exemption. The form, which must include a sworn statement
  233  attesting to the applicant’s entitlement to assessment under
  234  this subsection, shall be considered sufficient documentation
  235  for applying for assessment under this subsection. The
  236  department shall require by rule that the required form be
  237  submitted with the application for homestead exemption under the
  238  timeframes and processes set forth in chapter 196 to the extent
  239  practicable.
  240         (h)1. If the previous homestead was located in a different
  241  county than the new homestead, the property appraiser in the
  242  county where the new homestead is located must transmit a copy
  243  of the completed form together with a completed application for
  244  homestead exemption to the property appraiser in the county
  245  where the previous homestead was located. If the previous
  246  homesteads of applicants for transfer were in more than one
  247  county, each applicant from a different county must submit a
  248  separate form.
  249         2. The property appraiser in the county where the previous
  250  homestead was located must return information to the property
  251  appraiser in the county where the new homestead is located by
  252  April 1 or within 2 weeks after receipt of the completed
  253  application from that property appraiser, whichever is later. As
  254  part of the information returned, the property appraiser in the
  255  county where the previous homestead was located must provide
  256  sufficient information concerning the previous homestead to
  257  allow the property appraiser in the county where the new
  258  homestead is located to calculate the amount of the assessment
  259  limitation difference which may be transferred and must certify
  260  whether the previous homestead was abandoned and has been or
  261  will be reassessed at just value or reassessed according to the
  262  provisions of this subsection as of the January 1 following its
  263  abandonment.
  264         3. Based on the information provided on the form from the
  265  property appraiser in the county where the previous homestead
  266  was located, the property appraiser in the county where the new
  267  homestead is located shall calculate the amount of the
  268  assessment limitation difference which may be transferred and
  269  apply the difference to the January 1 assessment of the new
  270  homestead.
  271         4. All property appraisers having information-sharing
  272  agreements with the department are authorized to share
  273  confidential tax information with each other pursuant to s.
  274  195.084, including social security numbers and linked
  275  information on the forms provided pursuant to this section.
  276         5. The transfer of any limitation is not final until any
  277  values on the assessment roll on which the transfer is based are
  278  final. If such values are final after tax notice bills have been
  279  sent, the property appraiser shall make appropriate corrections
  280  and a corrected tax notice bill shall be sent. Any values that
  281  are under administrative or judicial review shall be noticed to
  282  the tribunal or court for accelerated hearing and resolution so
  283  that the intent of this subsection may be carried out.
  284         6. If the property appraiser in the county where the
  285  previous homestead was located has not provided information
  286  sufficient to identify the previous homestead and the assessment
  287  limitation difference is transferable, the taxpayer may file an
  288  action in circuit court in that county seeking to establish that
  289  the property appraiser must provide such information.
  290         7. If the information from the property appraiser in the
  291  county where the previous homestead was located is provided
  292  after the procedures in this section are exercised, the property
  293  appraiser in the county where the new homestead is located shall
  294  make appropriate corrections and a corrected tax notice and tax
  295  bill shall be sent.
  296         8. This subsection does not authorize the consideration or
  297  adjustment of the just, assessed, or taxable value of the
  298  previous homestead property.
  299         9. The property appraiser in the county where the new
  300  homestead is located shall promptly notify a taxpayer if the
  301  information received, or available, is insufficient to identify
  302  the previous homestead and the amount of the assessment
  303  limitation difference which is transferable. Such notification
  304  shall be sent on or before July 1 as specified in s. 196.151.
  305         10. The taxpayer may correspond with the property appraiser
  306  in the county where the previous homestead was located to
  307  further seek to identify the homestead and the amount of the
  308  assessment limitation difference which is transferable.
  309         11. If the property appraiser in the county where the
  310  previous homestead was located supplies sufficient information
  311  to the property appraiser in the county where the new homestead
  312  is located, such information shall be considered timely if
  313  provided in time for inclusion on the notice of proposed
  314  property taxes sent pursuant to ss. 194.011 and 200.065(1).
  315         12. If the property appraiser has not received information
  316  sufficient to identify the previous homestead and the amount of
  317  the assessment limitation difference which is transferable
  318  before mailing the notice of proposed property taxes, the
  319  taxpayer may file a petition with the value adjustment board in
  320  the county where the new homestead is located.
  321         (i) Any person who is qualified to have his or her property
  322  assessed under this subsection and who fails to file an
  323  application by March 1 may file an application for assessment
  324  under this subsection and may, pursuant to s. 194.011(3), file a
  325  petition with the value adjustment board requesting that an
  326  assessment under this subsection be granted. Such petition may
  327  be filed at any time during the taxable year on or before the
  328  25th day following the mailing of the notice by the property
  329  appraiser as provided in s. 194.011(1). Notwithstanding s.
  330  194.013, such person must pay a nonrefundable fee of $15 upon
  331  filing the petition. Upon reviewing the petition, if the person
  332  is qualified to receive the assessment under this subsection and
  333  demonstrates particular extenuating circumstances judged by the
  334  property appraiser or the value adjustment board to warrant
  335  granting the assessment, the property appraiser or the value
  336  adjustment board may grant an assessment under this subsection.
  337  For the 2008 assessments, all petitioners for assessment under
  338  this subsection shall be considered to have demonstrated
  339  particular extenuating circumstances.
  340         (j) Any person who is qualified to have his or her property
  341  assessed under this subsection and who fails to timely file an
  342  application for his or her new homestead in the first year
  343  following eligibility may file in a subsequent year. The
  344  assessment reduction shall be applied to assessed value in the
  345  year the transfer is first approved, and refunds of tax may not
  346  be made for previous years.
  347         (k) The property appraisers of the state shall, as soon as
  348  practicable after March 1 of each year and on or before July 1
  349  of that year, carefully consider all applications for assessment
  350  under this subsection which have been filed in their respective
  351  offices on or before March 1 of that year. If, upon
  352  investigation, the property appraiser finds that the applicant
  353  is entitled to assessment under this subsection, the property
  354  appraiser shall make such entries upon the tax rolls of the
  355  county as are necessary to allow the assessment. If, after due
  356  consideration, the property appraiser finds that the applicant
  357  is not entitled under the law to assessment under this
  358  subsection, the property appraiser shall immediately make out a
  359  notice of such disapproval, giving his or her reasons therefor,
  360  and a copy of the notice must be served upon the applicant by
  361  the property appraiser either by personal delivery or by
  362  registered mail to the post office address given by the
  363  applicant. The applicant may appeal the decision of the property
  364  appraiser refusing to allow the assessment under this subsection
  365  to the value adjustment board, and the board shall review the
  366  application and evidence presented to the property appraiser
  367  upon which the applicant based the claim and shall hear the
  368  applicant in person or by agent on behalf of his or her right to
  369  such assessment. Such appeal shall be heard by an attorney
  370  special magistrate if the value adjustment board uses special
  371  magistrates. The value adjustment board shall reverse the
  372  decision of the property appraiser in the cause and grant
  373  assessment under this subsection to the applicant if, in its
  374  judgment, the applicant is entitled to be granted the assessment
  375  or shall affirm the decision of the property appraiser. The
  376  action of the board is final in the cause unless the applicant,
  377  within 15 days following the date of refusal of the application
  378  by the board, files in the circuit court of the county in which
  379  the homestead is located a proceeding against the property
  380  appraiser for a declaratory judgment as is provided by chapter
  381  86 or other appropriate proceeding. The failure of the taxpayer
  382  to appear before the property appraiser or value adjustment
  383  board or to file any paper other than the application as
  384  provided in this subsection does not constitute any bar to or
  385  defense in the proceedings.
  386         (9) Erroneous assessments of homestead property assessed
  387  under this section may be corrected in the following manner:
  388         (a) If errors are made in arriving at any assessment under
  389  this section due to a material mistake of fact concerning an
  390  essential characteristic of the property, the just value and
  391  assessed value must be recalculated for every such year,
  392  including the year in which the mistake occurred.
  393         (b) If changes, additions, or improvements are not assessed
  394  at just value as of the first January 1 after they were
  395  substantially completed, the property appraiser shall determine
  396  the just value for such changes, additions, or improvements for
  397  the year they were substantially completed. Assessments for
  398  subsequent years shall be corrected, applying this section if
  399  applicable.
  400         (c) If back taxes are due pursuant to s. 193.092, the
  401  corrections made pursuant to this subsection shall be used to
  402  calculate such back taxes.
  403         (10) If the property appraiser determines that for any year
  404  or years within the prior 10 years a person who was not entitled
  405  to the homestead property assessment limitation granted under
  406  this section was granted the homestead property assessment
  407  limitation, the property appraiser making such determination
  408  shall record in the public records of the county a notice of tax
  409  lien against any property owned by that person in the county,
  410  and such property must be identified in the notice of tax lien.
  411  Such property that is situated in this state is subject to the
  412  unpaid taxes, plus a penalty of 50 percent of the unpaid taxes
  413  for each year and 15 percent interest per annum. However, when a
  414  person entitled to exemption pursuant to s. 196.031
  415  inadvertently receives the limitation pursuant to this section
  416  following a change of ownership, the assessment of such property
  417  must be corrected as provided in paragraph (9)(a), and the
  418  person need not pay the unpaid taxes, penalties, or interest.
  419         Section 2. This act shall take effect January 1, 2012.