Florida Senate - 2022                                    SB 1280
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00129D-22                                          20221280__
    1                        A bill to be entitled                      
    2         An act relating to homestead taxes for persons age 65
    3         and older; creating s. 193.626, F.S.; providing a
    4         homestead assessment limitation for certain persons
    5         who have attained age 65; specifying who may apply for
    6         and receive the limitation; specifying who may apply
    7         for and receive the limitation in circumstances in
    8         which title is held jointly with right of
    9         survivorship; providing that the limitation carries
   10         over to surviving spouses under certain circumstances;
   11         requiring a property appraiser to serve a notice of
   12         intent to record a notice of tax lien against the
   13         property upon persons granted but not entitled to the
   14         limitation; providing that property owned by such
   15         persons is subject to certain taxes, penalties, and
   16         interest; providing an exception from the assessment
   17         of such penalties and interest; requiring that a
   18         person be given a specified timeframe to pay taxes,
   19         penalties, and interest before a lien is filed;
   20         specifying requirements for such liens; amending s.
   21         196.075, F.S.; revising the additional exemptions that
   22         may be granted by counties or municipalities to
   23         certain senior, low-income, long-term residents
   24         receiving a specified homestead exemption; revising
   25         eligibility criteria; providing applicability;
   26         providing for a homestead exemption equal to the
   27         assessed value of the property for certain property
   28         held by certain senior, low-income, long-term
   29         residents; requiring an annual adjustment of the just
   30         value limitation; authorizing counties and
   31         municipalities to grant new exemptions to certain
   32         taxpayers under specified circumstances; providing
   33         applicability; providing a contingent effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 193.626, Florida Statutes, is created to
   38  read:
   39         193.626 Homestead assessment limitation for certain persons
   40  age 65 years or older.—
   41         (1) The assessed value of real estate used as a homestead
   42  by a person who has attained age 65 whose household income, as
   43  defined in s. 196.075(1)(b), does not exceed the household
   44  income limitation as determined in s. 196.075 may not exceed the
   45  assessed value as of the January 1 immediately preceding the
   46  date on which the property owner applies and is eligible for the
   47  limitation on homestead assessment provided by this section.
   48         (2)Those persons entitled to the homestead exemption in s.
   49  196.031 may apply for and receive the assessment limitations as
   50  provided in this section.
   51         (3) If title is held jointly with right of survivorship,
   52  the person residing on the property and otherwise qualifying may
   53  receive the entire amount of the assessment limitation provided
   54  under this section.
   55         (4) The assessment limitation carries over to a surviving
   56  spouse who uses the property as a homestead, who has attained
   57  age 65, and whose household income meets the requirements of
   58  this section.
   59         (5) If a property appraiser determines that, for any year
   60  within the immediately previous 10 years, a person who was not
   61  entitled to the assessment limitation under this section was
   62  granted such limitation, the property appraiser must serve upon
   63  the owner a notice of intent to record in the public records of
   64  the county a notice of tax lien against any property owned by
   65  that person in the county, which property must be identified in
   66  the notice of tax lien. Any property that is owned by the person
   67  and that is situated in this state is subject to the taxes
   68  limited by the improper assessment limitation, plus a penalty of
   69  50 percent of the unpaid taxes for each year and interest at a
   70  rate of 15 percent per annum. However, if such assessment
   71  limitation is improperly granted as a result of a clerical error
   72  or omission by the property appraiser, the person who improperly
   73  received the limitation may not be assessed the penalty and
   74  interest. Before any such lien is filed, the person must be
   75  given 30 days within which to pay the taxes, penalties, and
   76  interest. Such a lien is subject to the procedures and
   77  provisions set forth in s. 196.161(3).
   78         Section 2. Present subsections (4) through (9) of section
   79  196.075, Florida Statutes, are redesignated as subsections (6)
   80  through (11), respectively, new subsections (4) and (5) are
   81  added to that section, and subsection (2) of that section is
   82  amended, to read:
   83         196.075 Additional homestead exemption for persons 65 and
   84  older.—
   85         (2) In accordance with s. 6(d), Art. VII of the State
   86  Constitution, the board of county commissioners of any county or
   87  the governing authority of any municipality may adopt an
   88  ordinance to allow either or both of the following additional
   89  homestead exemptions to a person who has the legal or equitable
   90  title to real estate and maintains thereon the permanent
   91  residence of the owner, who has attained age 65, and whose
   92  household income does not exceed $20,000, as calculated in
   93  subsection (3):
   94         (a) Up to $50,000 of the assessed value of the property for
   95  a person who has the legal or equitable title to real estate and
   96  maintains thereon the permanent residence of the owner, who has
   97  attained age 65, and whose household income does not exceed
   98  $20,000.
   99         (b) The amount of the assessed value of the property for a
  100  person who has the legal or equitable title to real estate with
  101  a just value less than $250,000, as determined in the first tax
  102  year that the owner applies and is eligible for the exemption,
  103  and who has maintained thereon the permanent residence of the
  104  owner for at least 25 years, who has attained age 65, and whose
  105  household income does not exceed the income limitation
  106  prescribed in paragraph (a), as calculated in subsection (3). An
  107  exemption adopted pursuant to this paragraph may not apply to
  108  taxes levied for the payment of bonds or to taxes authorized by
  109  vote of the electors pursuant to s. 9(b) or s. 12, Art. VII of
  110  the State Constitution.
  111         (4) In accordance with s. 6(g), Art. VII of the State
  112  Constitution, for all levies other than school district levies,
  113  each person who has the legal or equitable title to real estate
  114  with a just value less than $300,000, as determined in the first
  115  year that the owner applies and is eligible for the exemption,
  116  and who has maintained thereon the permanent residence of the
  117  owner for not less than 20 years, who has attained age 65, and
  118  whose household income does not exceed the income limitation
  119  prescribed in subsection (2), as calculated in subsection (3),
  120  is entitled to an exemption equal to the assessed value of the
  121  property. Beginning January 1, 2024, and each January 1
  122  thereafter, the just value limitation shall be equal to the
  123  greater of the prior year’s just value limitation, or the prior
  124  year’s just value limitation multiplied by the percentage change
  125  in the average of the House Price Index, All Transactions Index,
  126  Florida, Not Seasonally Adjusted, or successor reports as
  127  reported by the Federal Housing Finance Agency or its successor,
  128  for the most recent 4-quarter period ending September 30
  129  compared to the 4-quarter period ending September 30 of the year
  130  immediately preceding the most recent period. The adjusted just
  131  value limitation shall take effect January 1 of each year. A
  132  person who received the exemption described in s. 196.075(2)(b),
  133  Florida Statutes (2021), in 2022 qualifies for the exemption in
  134  this subsection on January 1, 2023, regardless of the just value
  135  of the homestead on January 1, 2023.
  136         (5) If a county or municipality that has adopted an
  137  ordinance implementing the exemption in paragraph (2)(a) adopts
  138  an ordinance implementing the exemption in paragraph (2)(b), the
  139  jurisdiction may grant the new exemption to the same taxpayers
  140  without requiring a new application.
  141         Section 3. Section 193.626, Florida Statutes, and the
  142  amendments made by this act to s. 196.075, Florida Statutes,
  143  first apply to the 2023 tax roll.
  144         Section 4. This act shall take effect on the effective date
  145  of the amendment to the State Constitution proposed by SJR ____
  146  or a joint resolution having substantially the same specific
  147  intent and purpose, if such amendment to the State Constitution
  148  is approved at the general election held in November 2022 or at
  149  an earlier special election specifically authorized by law for
  150  that purpose.