HB 223 — Homestead Exemptions

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 223 2020 A bill to be entitled An act relating to homestead exemptions;

193.155, F.S.;

providing exceptions to the definition of the term "change of ownership" for purposes of a certain homestead assessment limitation;

amending s.

providing for construction and retroactive applicability;

SubsectionParagraph (5)(a) of subsection (3) of section 196.031,193.155, Florida Statutes, is amended to read:

196.031193.155 ExemptionHomestead ofassessments.—Homestead homesteads.—property (5)(a)shall Abe personassessed orat familyjust unitvalue who is receiving or claiming the benefit of an ad valorem tax exemption or a tax credit in another state where permanent residency is required as a basis for the granting of thatJanuary ad1, valorem1994. tax exemption or tax credit is not entitled to the homestead exemption provided by Page 1 of 2 CODING:

Property receiving Page 1 of 5 CODING:

hb0223-00hb0223-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 223 2020 thisthe section,homestead unlessexemption thatafter personJanuary or1, family1994, unitshall demonstratesbe toassessed theat satisfactionjust ofvalue theas propertyof appraiserJanuary that1 theof person or family unit did not apply for the taxyear exemption or tax credit in thewhich other state and that the personproperty orreceives family unit has relinquished the tax exemption orunless taxthe creditprovisions inof thesubsection other(8) state.apply.

(b)(3)(a) ThisExcept subsectionas doesprovided notin applythis tosubsection a person or familysubsection unit(8), whoproperty hasassessed theunder legalthis orsection equitableshall titlebe toassessed realat estatejust invalue Floridaas andof maintainsJanuary thereon1 the permanent residence of anotherthe legallyyear orfollowing naturallya dependentchange uponof theownership. owner.

Thereafter, the annual changes in the assessed value of the property are subject to the limitations in subsections (1) and (2).

For the purpose of this section, a change of ownership means any sale, foreclosure, or transfer of legal title or beneficial title in equity to any person, except if:

1.

Subsequent to the change or transfer, the same person is entitled to the homestead exemption as was previously entitled and:

a.

The transfer of title is to correct an error;

b.

The transfer is between legal and equitable title or equitable and equitable title and no additional person applies for a homestead exemption on the property;

c.

The change or transfer is by means of an instrument in which the owner is listed as both grantor and grantee of the real property and one or more other individuals are additionally named as grantee.

However, if any individual who is additionally named as a grantee applies for a homestead exemption on the property, the application is considered a change of ownership;

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Words stricken are deletions;

words underlined are additions.

hb0223-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 223 2020 or d.

The change or transfer is by means of an instrument in which the owner entitled to the homestead exemption is listed as both grantor and grantee of the real property and one or more other individuals, all of whom held title as joint tenants with rights of survivorship with the owner, are named only as grantors and are removed from the title;

or e.d.

The person is a lessee entitled to the homestead exemption under s.

196.041(1);.

2.

Legal or equitable title is changed or transferred between husband and wife, including a change or transfer to a surviving spouse or a transfer due to a dissolution of marriage;

3.

The transfer occurs by operation of law to the surviving spouse or minor child or children under s.

732.401;

or 4.

Upon the death of the owner, the transfer is between the owner and another who is a permanent resident and who is legally or naturally dependent upon the owner;

or 5.

The transfer occurs with respect to a property where:

a.

Multiple owners hold title as joint tenants with rights of survivorship;