36-00435-24 2024378__ 1 A bill to be entitled 2 An act relating to property tax assessment; amending 3 s. 193.122, F.S.; modifying the timeframe for a 4 property appraiser to file an appeal of a value 5 adjustment board decision; amending s. 193.155, F.S.; 6 revising the procedure for correcting erroneous 7 homestead property tax assessments; providing 8 applicability; establishing a new limitation on 9 homestead tax assessments for property transferred 10 from nonhomestead residential property to homestead 11 property; requiring that the values of such homesteads 12 be reassessed at a specified time; providing a 13 limitation on such reassessment; amending s. 193.1554, 14 F.S.; revising the procedure for correcting erroneous 15 nonhomestead residential property tax assessments; 16 providing applicability; establishing a new limitation 17 on tax assessments for property transferred from 18 homestead property to nonhomestead residential 19 property; providing the procedure for calculating the 20 assessed value of such property; providing 21 applicability; amending s. 193.1555, F.S.; revising 22 the procedure for correcting erroneous nonhomestead 23 real property tax assessments; providing 24 applicability; amending s. 194.032, F.S.; revising the 25 purposes for which a value adjustment board may meet; 26 amending s. 194.034, F.S.; authorizing a petitioner to 27 request a hearing to contest whether a tangible 28 personal property return was timely filed; amending s. 29 196.011, F.S.; specifying a property ownerâs 30 responsibility to pay unpaid taxes, penalties, or 31 interests if certain exemptions are granted as the 32 result of a property appraiserâs error; amending s. 33 196.041, F.S.; providing that certain households are 34 entitled to the homestead tax exemption when the 35 property or a portion of the property is rented if 36 certain conditions are met; defining the term 37 ârentedâ; amending s. 196.061, F.S.; conforming 38 provisions to changes made by the act; providing an 39 effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1.âSubsection (4) of section 193.122, Florida 44 Statutes, is amended to read: 45 193.122âCertificates of value adjustment board and property 46 appraiser; extensions on the assessment rolls.â 47 (4)âAn appeal of a value adjustment board decision pursuant 48 to s. 194.036(1)(a) or (b) by the property appraiser must shall 49 be filed before prior to extension of the tax roll under 50 subsection (2) or, if the roll was extended pursuant to s. 51 197.323, within 30 days after the decision by the value 52 adjustment board is rendered of recertification under subsection 53 (3). The roll may be certified by the property appraiser before 54 prior to an appeal is being filed pursuant to s. 194.036(1)(c), 55 but such appeal must shall be filed within 20 days after receipt 56 of the decision of the department relative to further judicial 57 proceedings. 58 Section 2.âSection 193.155, Florida Statutes, is amended to 59 read: 60 193.155âHomestead assessments.âHomestead property shall be 61 assessed at just value as of January 1, 1994. Property receiving 62 the homestead exemption after January 1, 1994, shall be assessed 63 at just value as of January 1 of the year in which the property 64 receives the exemption unless the provisions of subsection (8) 65 or subsection (11) apply. 66 (1)âBeginning in 1995, or the year following the year the 67 property receives homestead exemption, whichever is later, the 68 property shall be reassessed annually on January 1. Any change 69 resulting from such reassessment may shall not exceed the lower 70 of the following: 71 (a)âThree percent of the assessed value of the property for 72 the prior year; or 73 (b)âThe percentage change in the Consumer Price Index for 74 All Urban Consumers, U.S. City Average, all items 1967=100, or 75 successor reports for the preceding calendar year as initially 76 reported by the United States Department of Labor, Bureau of 77 Labor Statistics. 78 (2)âIf the assessed value of the property as calculated 79 under subsection (1) exceeds the just value, the assessed value 80 of the property must shall be lowered to the just value of the 81 property. 82 (3)(a)âExcept as provided in this subsection or subsection 83 (8), property assessed under this section shall be assessed at 84 just value as of January 1 of the year following a change of 85 ownership. Thereafter, the annual changes in the assessed value 86 of the property are subject to the limitations in subsections 87 (1) and (2). For the purpose of this section, a change of 88 ownership means any sale, foreclosure, or transfer of legal 89 title or beneficial title in equity to any person, except if any 90 of the following apply: 91 1.âSubsequent to the change or transfer, the same person is 92 entitled to the homestead exemption as was previously entitled 93 and: 94 a.âThe transfer of title is to correct an error; 95 b.âThe transfer is between legal and equitable title or 96 equitable and equitable title and no additional person applies 97 for a homestead exemption on the property; 98 c.âThe change or transfer is by means of an instrument in 99 which the owner is listed as both grantor and grantee of the 100 real property and one or more other individuals are additionally 101 named as grantee. However, if any individual who is additionally 102 named as a grantee applies for a homestead exemption on the 103 property, the application is considered a change of ownership; 104 d.âThe change or transfer is by means of an instrument in 105 which the owner entitled to the homestead exemption is listed as 106 both grantor and grantee of the real property and one or more 107 other individuals, all of whom held title as joint tenants with 108 rights of survivorship with the owner, are named only as 109 grantors and are removed from the title; or 110 e.âThe person is a lessee entitled to the homestead 111 exemption under s. 196.041(1); 112 2.âLegal or equitable title is changed or transferred 113 between husband and wife, including a change or transfer to a 114 surviving spouse or a transfer due to a dissolution of marriage; 115 3.âThe transfer occurs by operation of law to the surviving 116 spouse or minor child or children under s. 732.401; 117 4.âUpon the death of the owner, the transfer is between the 118 owner and another who is a permanent resident and who is legally 119 or naturally dependent upon the owner; or 120 5.âThe transfer occurs with respect to a property where all 121 of the following apply: 122 a.âMultiple owners hold title as joint tenants with rights 123 of survivorship; 124 b.âOne or more owners were entitled to and received the 125 homestead exemption on the property; 126 c.âThe death of one or more owners occurs; and 127 d.âSubsequent to the transfer, the surviving owner or 128 owners previously entitled to and receiving the homestead 129 exemption continue to be entitled to and receive the homestead 130 exemption. 131 (b)âFor purposes of this subsection, a leasehold interest 132 that qualifies for the homestead exemption under s. 196.031 or 133 s. 196.041 shall be treated as an equitable interest in the 134 property. 135 (4)(a)âExcept as provided in paragraph (b) and s. 193.624, 136 changes, additions, or improvements to homestead property shall 137 be assessed at just value as of the first January 1 after the 138 changes, additions, or improvements are substantially completed. 139 (b)1.âChanges, additions, or improvements that replace all 140 or a portion of homestead property, including ancillary 141 improvements, damaged or destroyed by misfortune or calamity 142 shall be assessed upon substantial completion as provided in 143 this paragraph. Such assessment must be calculated using the 144 homestead propertyâs assessed value as of the January 1 145 immediately before the date on which the damage or destruction 146 was sustained, subject to the assessment limitations in 147 subsections (1) and (2), when: 148 a.âThe square footage of the homestead property as changed 149 or improved does not exceed 110 percent of the square footage of 150 the homestead property before the damage or destruction; or 151 b.âThe total square footage of the homestead property as 152 changed or improved does not exceed 1,500 square feet. 153 2.âThe homestead propertyâs assessed value must be 154 increased by the just value of that portion of the changed or 155 improved homestead property which is in excess of 110 percent of 156 the square footage of the homestead property before the damage 157 or destruction or of that portion exceeding 1,500 square feet. 158 3.âHomestead property damaged or destroyed by misfortune or 159 calamity which, after being changed or improved, has a square 160 footage of less than 100 percent of the homestead propertyâs 161 total square footage before the damage or destruction shall be 162 assessed pursuant to subsection (5). 163 4.âChanges, additions, or improvements assessed pursuant to 164 this paragraph must be reassessed pursuant to subsection (1) in 165 subsequent years. This paragraph applies to changes, additions, 166 or improvements commenced within 3 years after the January 1 167 following the damage or destruction of the homestead. 168 (c)âChanges, additions, or improvements that replace all or 169 a portion of real property that was damaged or destroyed by 170 misfortune or calamity shall be assessed upon substantial 171 completion as if such damage or destruction had not occurred and 172 in accordance with paragraph (b) if the owner of such property: 173 1.âWas permanently residing on such property when the 174 damage or destruction occurred; 175 2.âWas not entitled to receive homestead exemption on such 176 property as of January 1 of that year; and 177 3.âApplies for and receives homestead exemption on such 178 property the following year. 179 (d)âChanges, additions, or improvements include 180 improvements made to common areas or other improvements made to 181 property other than to the homestead property by the owner or by 182 an owner association, which improvements directly benefit the 183 homestead property. Such changes, additions, or improvements 184 shall be assessed at just value, and the just value shall be 185 apportioned among the parcels benefiting from the improvement. 186 (5)âWhen property is destroyed or removed and not replaced, 187 the assessed value of the parcel shall be reduced by the 188 assessed value attributable to the destroyed or removed 189 property. 190 (6)âOnly property that receives a homestead exemption is 191 subject to this section. No portion of property that is assessed 192 solely on the basis of character or use pursuant to s. 193.461 193 or s. 193.501, or assessed pursuant to s. 193.505, is subject to 194 this section. When property is assessed under s. 193.461, s. 195 193.501, or s. 193.505 and contains a residence under the same 196 ownership, the portion of the property consisting of the 197 residence and curtilage must be assessed separately, pursuant to 198 s. 193.011, for the assessment to be subject to the limitation 199 in this section. 200 (7)âIf a person received a homestead exemption limited to 201 that personâs proportionate interest in real property, the 202 provisions of this section apply only to that interest. 203 (8)âProperty assessed under this section shall be assessed 204 at less than just value when the person who establishes a new 205 homestead has received a homestead exemption as of January 1 of 206 any of the 3 immediately preceding years. For purposes of this 207 subsection, a husband and wife who owned and both permanently 208 resided on a previous homestead are shall each be considered to 209 have received the homestead exemption even though only the 210 husband or the wife applied for the homestead exemption on the 211 previous homestead. The assessed value of the newly established 212 homestead shall be determined as provided in this subsection. 213 (a)âIf the just value of the new homestead as of January 1 214 is greater than or equal to the just value of the immediate 215 prior homestead as of January 1 of the year in which the 216 immediate prior homestead was abandoned, the assessed value of 217 the new homestead is shall be the just value of the new 218 homestead minus an amount equal to the lesser of $500,000 or the 219 difference between the just value and the assessed value of the 220 immediate prior homestead as of January 1 of the year in which 221 the prior homestead was abandoned. Thereafter, the homestead 222 shall be assessed as provided in this section. 223 (b)âIf the just value of the new homestead as of January 1 224 is less than the just value of the immediate prior homestead as 225 of January 1 of the year in which the immediate prior homestead 226 was abandoned, the assessed value of the new homestead is shall 227 be equal to the just value of the new homestead divided by the 228 just value of the immediate prior homestead and multiplied by 229 the assessed value of the immediate prior homestead. However, if 230 the difference between the just value of the new homestead and 231 the assessed value of the new homestead calculated pursuant to 232 this paragraph is greater than $500,000, the assessed value of 233 the new homestead must shall be increased so that the difference 234 between the just value and the assessed value equals $500,000. 235 Thereafter, the homestead shall be assessed as provided in this 236 section. 237 (c)âIf two or more persons who have each received a 238 homestead exemption as of January 1 of any of the 3 immediately 239 preceding years and who would otherwise be eligible to have a 240 new homestead property assessed under this subsection establish 241 a single new homestead, the reduction from just value is limited 242 to the higher of the difference between the just value and the 243 assessed value of either of the prior eligible homesteads as of 244 January 1 of the year in which either of the eligible prior 245 homesteads was abandoned, but may not exceed $500,000. 246 (d)âIf two or more persons abandon jointly owned and 247 jointly titled property that received a homestead exemption as 248 of January 1 of any of the 3 immediately preceding years, and 249 one or more such persons who were entitled to and received a 250 homestead exemption on the abandoned property establish a new 251 homestead that would otherwise be eligible for assessment under 252 this subsection, each such person establishing a new homestead 253 is entitled to a reduction from just value for the new homestead 254 equal to the just value of the prior homestead minus the 255 assessed value of the prior homestead divided by the number of 256 owners of the prior homestead who received a homestead 257 exemption, unless the title of the property contains specific 258 ownership shares, in which case the share of reduction from just 259 value shall be proportionate to the ownership share. In the case 260 of a husband and wife abandoning jointly titled property, the 261 husband and wife may designate the ownership share to be 262 attributed to each spouse by following the procedure in 263 paragraph (f). To qualify to make such a designation, the 264 husband and wife must be married on the date that the jointly 265 owned property is abandoned. In calculating the assessment 266 reduction to be transferred from a prior homestead that has an 267 assessment reduction for living quarters of parents or 268 grandparents pursuant to s. 193.703, the value calculated 269 pursuant to s. 193.703(6) must first be added back to the 270 assessed value of the prior homestead. The total reduction from 271 just value for all new homesteads established under this 272 paragraph may not exceed $500,000. There shall be no reduction 273 from just value of any new homestead unless the prior homestead 274 is reassessed at just value or is reassessed under this 275 subsection as of January 1 after the abandonment occurs. 276 (e)âIf one or more persons who previously owned a single 277 homestead and each received the homestead exemption qualify for 278 a new homestead where all persons who qualify for homestead 279 exemption in the new homestead also qualified for homestead