Bill Text: FL S1192 | 2025 | Regular Session | Introduced


Bill Title: Assessment of Homestead Property

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-25 - Filed [S1192 Detail]

Download: Florida-2025-S1192-Introduced.html
       Florida Senate - 2025                                    SB 1192
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-01043A-25                                          20251192__
    1                        A bill to be entitled                      
    2         An act relating to assessment of homestead property;
    3         amending s. 193.155, F.S.; defining the terms
    4         “elevated homestead property” and “elevation
    5         certificate”; prohibiting the assessed value of
    6         elevated homestead property from exceeding a specified
    7         amount for a specified timeframe under certain
    8         circumstances; requiring a property owner who uses a
    9         specified limitation to maintain active homeowner’s
   10         and flood insurances for a specified timeframe;
   11         providing that failure to maintain such coverage may
   12         result in the reassessment of the property’s value
   13         without a specified benefit; requiring that the
   14         assessed value of an elevated homestead property be
   15         recalculated at a specified time and in accordance
   16         with specified provisions; specifying that certain
   17         elevated homestead property is eligible for a
   18         specified assessment methodology; providing an
   19         exception; specifying how such assessment must be
   20         calculated under certain circumstances; authorizing
   21         property appraisers to require certain evidence;
   22         providing applicability; requiring that the assessed
   23         value of an elevated homestead property be
   24         recalculated at a specified time; providing a
   25         contingent effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Paragraph (a) of subsection (4) of section
   30  193.155, Florida Statutes, is amended, paragraph (e) is added to
   31  that subsection, and paragraph (n) is added to subsection (8) of
   32  that section, to read:
   33         193.155 Homestead assessments.—Homestead property shall be
   34  assessed at just value as of January 1, 1994. Property receiving
   35  the homestead exemption after January 1, 1994, shall be assessed
   36  at just value as of January 1 of the year in which the property
   37  receives the exemption unless the provisions of subsection (8)
   38  apply.
   39         (4)(a) Except as provided in paragraph (b) or paragraph (e)
   40  and s. 193.624, changes, additions, or improvements to homestead
   41  property must shall be assessed at just value as of the first
   42  January 1 after the changes, additions, or improvements are
   43  substantially completed.
   44         (e)1.As used in this paragraph, the term:
   45         a.“Elevated homestead property” means raising an existing
   46  homestead property to at least the minimum height required to
   47  comply with the elevation requirements of the National Flood
   48  Insurance Program or Florida Building Code elevation
   49  requirements.
   50         b.“Elevation certificate” means the certificate developed
   51  by the Federal Emergency Management Agency pursuant to federal
   52  floodplain management requirements which is used to certify the
   53  elevation of homestead property.
   54         2.Beginning on the January 1 after the substantial
   55  completion of an elevated homestead property and every year
   56  thereafter for 19 years, the assessed value of such property may
   57  not exceed the assessed value on the January 1 immediately
   58  preceding commencement of the property’s elevation, adjusted by
   59  the limitations in subsections (1) and (2), when the square
   60  footage of the homestead property as elevated does not exceed
   61  130 percent of the square footage of the homestead property
   62  before the elevation. Any property owner who uses the limitation
   63  described in this subparagraph must maintain active homeowners’
   64  insurance and flood insurance for the duration of the 20-year
   65  period. Failure to maintain continuous coverage may result in
   66  the reassessment of the property’s value without the benefit of
   67  the limitation described in this subparagraph.
   68         3.Beginning on the January 1 of the 15th year after
   69  substantial completion of an elevated homestead property, the
   70  property’s assessed value must be recalculated without applying
   71  the limitations described in this paragraph and must be assessed
   72  in accordance with this section.
   73         4.Homestead property elevated after sustaining damage or
   74  destruction caused by misfortune or calamity is eligible for the
   75  assessment methodology pursuant to this paragraph, except such
   76  assessment must be calculated using the homestead property’s
   77  assessed value as of the January 1 immediately before the date
   78  on which the damage or destruction was sustained.
   79         5. The homestead property’s assessed value must be
   80  increased by the just value of that portion of the elevated
   81  homestead property which is in excess of 130 percent of the
   82  square footage of the homestead property before the elevation.
   83  However, the area underneath an elevated structure which is
   84  dedicated only for parking, storage, or access may not be
   85  included in the calculation. The area underneath an elevated
   86  structure that exceeds 130 percent of the lowest level square
   87  footage before the elevation must be included in the
   88  calculation. Changes, additions, or improvements made after
   89  initial assessment under this paragraph must be assessed at just
   90  value.
   91         6. An elevated homestead property that has a square footage
   92  of less than 100 percent of the homestead property’s total
   93  square footage before the elevation must be assessed pursuant to
   94  subsection (5).
   95         7.Property appraisers may require the property owner to
   96  provide evidence substantiating eligibility for assessment
   97  pursuant to this paragraph, including elevation certificates
   98  documenting compliance with the National Flood Insurance
   99  Program.
  100         8.This paragraph does not apply to homestead property that
  101  was elevated if there is a change in the classification of the
  102  property pursuant to s. 195.073(1) on January 1 at any time
  103  during which this assessment methodology applies.
  104         9.This paragraph applies to homestead property where the
  105  owner commenced elevation on or after January 1, 2027.
  106         (8) Property assessed under this section shall be assessed
  107  at less than just value when the person who establishes a new
  108  homestead has received a homestead exemption as of January 1 of
  109  any of the 3 immediately preceding years. For purposes of this
  110  subsection, a husband and wife who owned and both permanently
  111  resided on a previous homestead shall each be considered to have
  112  received the homestead exemption even though only the husband or
  113  the wife applied for the homestead exemption on the previous
  114  homestead. The assessed value of the newly established homestead
  115  shall be determined as provided in this subsection.
  116         (n)Before the calculations are made under paragraphs (a)
  117  (d), prior homestead property that received an assessment
  118  limitation pursuant to paragraph (4)(e) must have its assessed
  119  value recalculated as if such limitation was not provided.
  120         Section 2. This act shall take effect on the effective date
  121  of the amendment to the State Constitution proposed by SJR 1190
  122  or a similar joint resolution having substantially the same
  123  specific intent and purpose, if such amendment is approved at
  124  the next general election or at an earlier special election
  125  specifically authorized by law for that purpose.

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