Title: Limitations on Homestead Assessments

Summary: Revises timeframe within which accrued benefit from specified limitations on homestead property tax assessments may be transferred from prior homestead to new homestead.

Full Text:
An act relating to limitations on homestead assessments; amending s. 193.155, F.S.; revising the timeframe within which the accrued benefit from specified limitations on homestead property tax assessments may be transferred from a prior homestead to a new homestead; deleting obsolete provisions; conforming provisions to changes made by the act; providing applicability; providing a contingent effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (8) of section 193.155, Florida Statutes, is amended to read: 193.155 Homestead assessments.-Homestead property shall be assessed at just value as of January 1, 4. Property receiving the homestead exemption after January 1, 1994, shall be assessed at just value as of January of the year in which the property receives the exemption unless the provisions of subsection (8) apply. (8) Property assessed under this section shall be assessed at less than just value when the person who establishes a new homestead has received a homestead exemption as of January of any either of the 2 immediately preceding years. A person who HB 2018 establishes a new homestead as of Januar y1, 2008, is entitled to have the new homestead assessed at less than just value only if that person received a homestead exemption on January 1, 2007, and only if this subsection applies retroactive to January 1, 2008. For purposes of this subsection, a husband and wife who owned and both permanently resided on a previous homestead shall each be considered to have received the homestead exemption even though only the husband or the wife applied for the homestead exemption on the previous homestead. The as sessed value of the newly established homestead shall be determined as provided in this subsection. (a) If the just value of the new homestead as of January 37 is greater than or equal to the just value of the immediate prior homestead as of January of the year in which the immediate prior homestead was abandoned, the assessed value of the new homestead shall be the just value of the new homestead minus an amount equal to the lesser of $500,000 or the difference between the just value and the assessed va lue of the immediate prior homestead as of January of the year in which the prior homestead was abandoned. Thereafter, the homestead shall be assessed as provided in this section. (b) If the just value of the new homestead as of January 47 is less than the just value of the immediate prior homestead as of January of the year in which the immediate prior homestead was abandoned, the assessed value of the new homestead shall be HB 2018 equal to the just value of the new homestead divided by the just value of the immediate prior homestead and multiplied by the assessed value of the immediate prior homestead. However, if the difference between the just value of the new homestead and the assessed value of the new homestead calculated pursuant to this paragraph is gr eater than $500,000, the assessed value of the new homestead shall be increased so that the difference between the just value and the assessed value equals $500,000. Thereafter, the homestead shall be assessed as provided in this section. (c) If two or more persons who have each received a homestead exemption as of January of any either of the 2 immediately preceding years and who would otherwise be eligible to have a new homestead property assessed under this subsection establish a single new homeste ad, the reduction from just value is limited to the higher of the difference between the just value and the assessed value of either of the prior eligible homesteads as of January of the year in which either of the eligible prior homesteads was abandoned,but may not exceed $500,000. (d) If two or more persons abandon jointly owned and jointly titled property that received a homestead exemption as of January of any either of the 2 immediately preceding years, and one or more such persons who were en titled to and received a homestead exemption on the abandoned property HB 2018 establish a new homestead that would otherwise be eligible for assessment under this subsection, each such person establishing a new homestead is entitled to a reduction from just value for the new homestead equal to the just value of the prior homestead minus the assessed value of the prior homestead divided by the number of owners of the prior homestead who received a homestead exemption, unless the title of the property contains speci fic ownership shares, in which case the share of reduction from just value shall be proportionate to the ownership share. In the case of a husband and wife abandoning jointly titled property, the husband and wife may designate the ownership share to be attributed to each spouse by following the procedure in paragraph (f). To qualify to make such a designation, the husband and wife must be married on the date that the jointly owned property is abandoned. In calculating the assessment reduction to be transfer red from a prior homestead that has an assessment reduction for living quarters of parents or grandparents pursuant to s. 193.703, the value calculated pursuant to s. 193.703(6) must first be added back to the assessed value of the prior homestead. The tot al reduction from just value for all new homesteads established under this paragraph may not exceed $500,000. There shall be no reduction from just value of any new homestead unless the prior homestead is reassessed at just value or is reassessed under thi ssubsection as of January after the abandonment occurs. HB 2018 (e) If one or more persons who previously owned a single homestead and each received the homestead exemption qualify for a new homestead where all persons who qualify for homestead exemption in the new homestead also qualified for homestead exemption in the previous homestead without an additional person qualifying for homestead exemption in the new homestead, the reduction in just value shall be calculated pursuant to paragraph (a) or paragraph ( b), without application of paragraph (c) or paragraph (d). (f) A husband and wife abandoning jointly titled property who wish to designate the ownership share to be attributed to each person for purposes of paragraph (d) must file a form provided by the department with the property appraiser in the county where such property is located. The form must include a sworn statement by each person designating the ownership share to be attributed to each person for purposes of paragraph (d) and must be filed prio rto either person filing the form required under paragraph (h) to have a parcel of property assessed under this subsection. Such a designation, once filed with the property appraiser, is irrevocable. (g) For purposes of receiving an assessment reduction pursuant to this subsection, a person entitled to assessment under this section may abandon his or her homestead even though it remains his or her primary residence by notifying the property appraiser of the county where the homestead is located. HB 2018 This not ification must be in writing and delivered at the same time as or before timely filing a new application for homestead exemption on the property. (h) In order to have his or her homestead property assessed under this subsection, a person must file a form provided by the department as an attachment to the application for homestead exemption, including a copy of the form required to be filed under paragraph (f), if applicable. The form, which must include a sworn statement attesting to the applicant's entitlement to assessment under this subsection, shall be considered sufficient documentation for applying for assessment under this subsection. The department shall require by rule that the required form be submitted with the application for homestead exemptio nunder the timeframes and processes set forth in chapter to the extent practicable. (i)1. If the previous homestead was located in a different county than the new homestead, the property appraiser in the county where the new homestead is located mus ttransmit a copy of the completed form together with a completed application for homestead exemption to the property appraiser in the county where the previous homestead was located. If the previous homesteads of applicants for transfer were in more than one county, each applicant from a different county must submit a separate form. 2. The property appraiser in the county where the previous HB 2018 homestead was located must return information to the property appraiser in the county where the new homestead is lo cated by April or within weeks after receipt of the completed application from that property appraiser, whichever is later. As part of the information returned, the property appraiser in the county where the previous homestead was located must provide sufficient information concerning the previous homestead to allow the property appraiser in the county where the new homestead is located to calculate the amount of the assessment limitation difference which may be transferred and must certify whether the previous homestead was abandoned and has been or will be reassessed at just value or reassessed according to the provisions of this subsection as of the January following its abandonment. 3. Based on the information provided on the form from the property appraiser in the county where the previous homestead was located, the property appraiser in the county where the new homestead is located shall calculate the amount of the assessment limitation difference which may be transferred and apply the differenc eto the January assessment of the new homestead. 4. All property appraisers having information-sharing agreements with the department are authorized to share confidential tax information with each other pursuant to s. 195.084, including social securit ynumbers and linked HB 2018 information on the forms provided pursuant to this section. 5. The transfer of any limitation is not final until any values on the assessment roll on which the transfer is based are final. If such values are final after tax notice bills have been sent, the property appraiser shall make appropriate corrections and a corrected tax notice bill shall be sent. Any values that are under administrative or judicial review shall be noticed to the tribunal or court for accelerated hearing and resolution so that the intent of this subsection may be carried out. 6. If the property appraiser in the county where the previous homestead was located has not provided information sufficient to identify the previous homestead and the assessment limitation difference is transferable, the taxpayer may file an action in circuit court in that county seeking to establish that the property appraiser must provide such information. 7. If the information from the property appraiser in the county where the pre vious homestead was located is provided after the procedures in this section are exercised, the property appraiser in the county where the new homestead is located shall make appropriate corrections and a corrected tax notice and tax bill shall be sent. 8. This subsection does not authorize the consideration or adjustment of the just, assessed, or taxable value of the previous homestead property. 9. The property appraiser in the county where the new HB 2018 homestead is located shall promptly notify a taxpayer if the information received, or available, is insufficient to identify the previous homestead and the amount of the assessment limitation difference which is transferable. Such notification shall be sent on or before July as specified in s. 196.151. 10. The taxpayer may correspond with the property appraiser in the county where the previous homestead was located to further seek to identify the homestead and the amount of the assessment limitation difference which is transferable. 11. If the property appraiser in the county where the previous homestead was located supplies sufficient information to the property appraiser in the county where the new homestead is located, such information shall be considered timely if provided in time for inclusion on th enotice of proposed property taxes sent pursuant to ss. 194.011 and 200.065(1). 12. If the property appraiser has not received information sufficient to identify the previous homestead and the amount of the assessment limitation difference which is tran sferable before mailing the notice of proposed property taxes, the taxpayer may file a petition with the value adjustment board in the county where the new homestead is located. (j) Any person who is qualified to have his or her property assessed under this subsection and who fails to file an application by March may file an application for assessment under this subsection and may, pursuant to s. 194.011(3), file a HB 2018 petition with the value adjustment board requesting that an assessment under this subsect ion be granted. Such petition may be filed at any time during the taxable year on or before the 25th day following the mailing of the notice by the property appraiser as provided in s. 194.011(1). Notwithstanding s. 194.013, such person must pay a nonrefun dable fee of $15 upon filing the petition. Upon reviewing the petition, if the person is qualified to receive the assessment under this subsection and demonstrates particular extenuating circumstances judged by the property appraiser or the value adjustmen tboard to warrant granting the assessment, the property appraiser or the value adjustment board may grant an assessment under this subsection. For the 2008 assessments, all petitioners for assessment under this subsection shall be considered to have demon strated particular extenuating circumstances. (k) Any person who is qualified to have his or her property assessed under this subsection and who fails to timely file an application for his or her new homestead in the first year following eligibility may file in a subsequent year. The assessment reduction shall be applied to assessed value in the year the transfer is first approved, and refunds of tax may not be made for previous years. (l) The property appraisers of the state shall, as soon as practicab le after March of each year and on or before July 249 of that year, carefully consider all applications for assessment HB 2018 under this subsection which have been filed in their respective offices on or before March of that year. If, upon investigation, the pr operty appraiser finds that the applicant is entitled to assessment under this subsection, the property appraiser shall make such entries upon the tax rolls of the county as are necessary to allow the assessment. If, after due consideration, the property a ppraiser finds that the applicant is not entitled to the assessment under this subsection, the property appraiser shall immediately prepare a notice of such disapproval, giving his or her reasons therefor, and a copy of the notice must be served upon the a pplicant by the property appraiser by personal delivery or by registered mail to the post office address given by the applicant. The applicant may appeal the decision of the property appraiser refusing to allow the assessment under this subsection to the value adjustment board, and the board shall review the application and evidence presented to the property appraiser upon which the applicant based the claim and hear the applicant in person or by agent on behalf of his or her right to such assessment. Such appeal shall be heard by an attorney special magistrate if the value adjustment board uses special magistrates. The value adjustment board shall reverse the decision of the property appraiser in the cause and grant assessment under this subsection to the applicant if, in its judgment, the applicant is entitled to the assessment or shall affirm the decision of the property HB 2018 appraiser. The action of the board is final in the cause unless the applicant, within days following the date of refusal of the applic ation by the board, files in the circuit court of the county in which the homestead is located a proceeding against the property appraiser for a declaratory judgment as is provided under chapter or other appropriate proceeding. The failure of the taxpay er to appear before the property appraiser or value adjustment board or to file any paper other than the application as provided in this subsection does not constitute a bar to or defense in the proceedings. Section 2. This act applies beginning with the 2019 tax roll. Section 3. This act shall take effect on the effective date of the amendment to the State Constitution proposed by HJR or a similar joint resolution having substantially the same specific intent and purpose, if such amendment to the State Constitution is approved at the general election held in November 2018.