Florida 2025 2025 Regular Session

Florida House Bill H1041 Introduced / Bill

Filed 02/25/2025

                       
 
HB 1041   	2025 
 
 
 
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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 
 
 
 
A bill to be entitled 1 
An act relating to assessment of homestead property; 2 
amending s. 193.155, F.S.; defining the terms 3 
"elevation" or "elevated" and "elevation certificate"; 4 
requiring that changes, additions, or improvements 5 
that replace or are made to homestead property through 6 
elevation be assessed in a specified manner; 7 
specifying how such assessment must be calculated 8 
under certain conditions; providing applicability; 9 
authorizing property appraisers to require certain 10 
evidence; providing a contingent effective date. 11 
  12 
Be It Enacted by the Legislature of the State of Florida: 13 
 14 
 Section 1.  Paragraphs (a) and (b) of subsection (4) of 15 
section 193.155, Florida Statutes, are amended, and paragraph 16 
(e) is added to that subsection, to read: 17 
 193.155  Homestead assessments. —Homestead property shall be 18 
assessed at just value as of January 1, 1994. Property receiving 19 
the homestead exemption after January 1, 1994, shall be asses sed 20 
at just value as of January 1 of the year in which the property 21 
receives the exemption unless the provisions of subsection (8) 22 
apply. 23 
 (4)(a)  Except as provided in paragraph (b) or paragraph 24 
(e) and s. 193.624, changes, additions, or improvements to 25     
 
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homestead property must shall be assessed at just value as of 26 
the first January 1 after the changes, additions, or 27 
improvements are substantially completed. 28 
 (b)1.  Changes, additions, or improvements that replace all 29 
or a portion of homestead property, inc luding ancillary 30 
improvements, damaged or destroyed by misfortune or calamity 31 
shall be assessed upon substantial completion as provided in 32 
this paragraph. Such assessment must be calculated using the 33 
homestead property's assessed value as of the January 1 34 
immediately before the date on which the damage or destruction 35 
was sustained, subject to the assessment limitations in 36 
subsections (1) and (2), when: 37 
 a.  The square footage of the homestead property as changed 38 
or improved does not exceed 110 percent of th e square footage of 39 
the homestead property before the damage or destruction; or 40 
 b.  The total square footage of the homestead property as 41 
changed or improved does not exceed 2,000 1,500 square feet. 42 
 2.  The homestead property's assessed value must be 43 
increased by the just value of that portion of the changed or 44 
improved homestead property which is in excess of 110 percent of 45 
the square footage of the homestead property before the damage 46 
or destruction or of that portion exceeding 2,000 1,500 square 47 
feet. 48 
 3.  Homestead property damaged or destroyed by misfortune 49 
or calamity which, after being changed or improved, has a square 50     
 
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footage of less than 100 percent of the homestead property's 51 
total square footage before the damage or destruction must shall 52 
be assessed pursuant to subsection (5). 53 
 4.  Changes, additions, or improvements assessed pursuant 54 
to this paragraph must be reassessed pursuant to subsection (1) 55 
in subsequent years. This paragraph applies to changes, 56 
additions, or improvements commenced within 5 years after the 57 
January 1 following the damage or destruction of the homestead. 58 
 (e)1.  As used in this paragraph, the term: 59 
 a.  "Elevation" or "elevated" means: 60 
 (I)  Raising an existing homestead property to at least the 61 
minimum height required to co mply with the elevation 62 
requirements of the National Flood Insurance Program or Florida 63 
Building Code elevation requirements; or 64 
 (II)  Raising an existing homestead property to mitigate 65 
flood damage sustained during a previous flood event, provided 66 
that the elevation does not exceed the height required to comply 67 
with elevation requirements of the National Flood Insurance 68 
Program or Florida Building Code at the property nearest to the 69 
homestead property. 70 
 b.  "Elevation certificate" means the certificate used to 71 
demonstrate the elevation of property, which has been developed 72 
by the Federal Emergency Management Agency pursuant to federal 73 
floodplain management regulations. 74 
 2.  Changes, additions, or improvements that replace or are 75     
 
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made to homestead propert y through the elevation of such 76 
property must be assessed upon substantial completion as 77 
provided in this paragraph. Such an assessment must be 78 
calculated using the property's assessed value as of the January 79 
1 immediately preceding the commencement of ele vation, subject 80 
to the assessment limitations in subsections (1) and (2), when: 81 
 a.  The square footage of the homestead property as 82 
elevated does not exceed 110 percent of the square footage of 83 
the homestead property before the elevation; or 84 
 b.  The total square footage of the homestead property as 85 
elevated does not exceed 2,000 square feet. 86 
 3.  Homestead property elevated after sustaining damage or 87 
destruction caused by misfortune or calamity is eligible for the 88 
assessment methodology pursuant to this p aragraph, except that 89 
such assessment must be calculated using the homestead 90 
property's assessed value as of the January 1 immediately before 91 
the date on which the damage or destruction was sustained, 92 
subject to the assessment limitations in subsections (1 ) and 93 
(2). This subparagraph does not apply to homestead property 94 
elevated in accordance with sub -sub-subparagraph 1.a.(II). 95 
 4.  The homestead property's assessed value must be 96 
increased by the just value of that portion of the elevated 97 
homestead property which is in excess of 110 percent of the 98 
square footage of the homestead property before the elevation or 99 
of that portion exceeding 2,000 square feet. However, the area 100     
 
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underneath an elevated structure which is dedicated only for 101 
parking, storage, or acce ss may not be included in the 110 102 
percent calculation. The area underneath an elevated structure 103 
that exceeds 110 percent of the lowest level square footage 104 
before the elevation must be included in the 110 percent 105 
calculation. 106 
 5.  An elevated homestead pr operty that has a square 107 
footage of less than 100 percent of the homestead property's 108 
total square footage before the elevation must be assessed 109 
pursuant to subsection (5). 110 
 6.  Property appraisers may require the property owner to 111 
provide evidence substan tiating eligibility for assessment 112 
pursuant to this paragraph, including elevation certificates 113 
documenting compliance with the National Flood Insurance 114 
Program, or, if elevating in accordance with sub -sub-115 
subparagraph 1.a.(II), documentation evidencing da mage from a 116 
prior flood event, including local government building permits 117 
obtained during reconstruction. 118 
 7.  This paragraph does not apply to homestead property 119 
that was elevated if there is a change in the classification of 120 
the property pursuant to s. 195.073(1) on the January 1 121 
immediately after the substantial completion. 122 
 8.  This paragraph applies to homestead property for which 123 
the owner commenced elevation on or after January 1, 2027. 124 
 Section 2. This act shall take effect on the effective 125     
 
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date of the amendment to the State Constitution proposed by HJR 126 
1039 or a similar joint resolution having substantially the same 127 
specific intent and purpose , if such amendment is approved at 128 
the next general election or at an earlier special election 129 
specifically authorized by law for that purpose. 130