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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.; providing definitions; 3
requiring that changes, additions, or improvements 4
that replace or are made to homestead property through 5
elevation be assessed in a specified manner; 6
specifying how such assessment must be calculated 7
under certain conditions; providing applicability; 8
authorizing property appraisers to require certain 9
evidence; providing a contingent effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. Paragraphs (a) and (b) of subsection (4) of 14
section 193.155, Florida Statutes, are amended, and paragraph 15
(e) is added to that subsecti on, to read: 16
193.155 Homestead assessments. —Homestead property shall be 17
assessed at just value as of January 1, 1994. Property receiving 18
the homestead exemption after January 1, 1994, shall be assessed 19
at just value as of January 1 of the year in which t he property 20
receives the exemption unless the provisions of subsection (8) 21
apply. 22
(4)(a) Except as provided in paragraph (b) or paragraph 23
(e) and s. 193.624, changes, additions, or improvements to 24
homestead property must shall be assessed at just value a s of 25
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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
the first January 1 after the changes, additions, or 26
improvements are substantially completed. 27
(b)1. Changes, additions, or improvements that replace all 28
or a portion of homestead property, including ancillary 29
improvements, damaged or destroyed by m isfortune or calamity 30
shall be assessed upon substantial completion as provided in 31
this paragraph. Such assessment must be calculated using the 32
homestead property's assessed value as of the January 1 33
immediately before the date on which the damage or destr uction 34
was sustained, subject to the assessment limitations in 35
subsections (1) and (2), when: 36
a. The square footage of the homestead property as changed 37
or improved does not exceed 110 percent of the square footage of 38
the homestead property before the da mage or destruction; or 39
b. The total square footage of the homestead property as 40
changed or improved does not exceed 2,000 1,500 square feet. 41
2. The homestead property's assessed value must be 42
increased by the just value of that portion of the changed or 43
improved homestead property which is in excess of 110 percent of 44
the square footage of the homestead property before the damage 45
or destruction or of that portion exceeding 2,000 1,500 square 46
feet. 47
3. Homestead property damaged or destroyed by misfortu ne 48
or calamity which, after being changed or improved, has a square 49
footage of less than 100 percent of the homestead property's 50
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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
total square footage before the damage or destruction must shall 51
be assessed pursuant to subsection (5). 52
4. Changes, addition s, or improvements assessed pursuant 53
to this paragraph must be reassessed pursuant to subsection (1) 54
in subsequent years. This paragraph applies to changes, 55
additions, or improvements commenced within 5 years after the 56
January 1 following the damage or des truction of the homestead. 57
(e)1. As used in this paragraph, the term: 58
a. "Elevation," "elevated," or "elevate" means: 59
(I) Raising an existing homestead property to at least the 60
minimum height required to comply with the elevation 61
requirements of the National Flood Insurance Program or the 62
Florida Building Code; or 63
(II) Raising an existing homestead property to mitigate 64
flood damage sustained during a previous flood event, provided 65
that the elevation does not exceed the height required to comply 66
with elevation requirements of the National Flood Insurance 67
Program or the Florida Building Code at the property nearest to 68
the homestead property. 69
b. "Elevation certificate" means the certificate used to 70
demonstrate the elevation of property, which has been developed 71
by the Federal Emergency Management Agency pursuant to federal 72
floodplain management regulations. 73
c. "Previous flood event" means, for homestead property 74
situated within a county in which a state of emergency is 75
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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
declared pursuant to s. 252.36, partial or complete inundation 76
of the homestead property caused by the overflow of inland or 77
tidal waters; the unusual and rapid accumulation of runoff or 78
surface waters from any established water source, such as a 79
river, stream, or drainage ditch; or sus tained periods of 80
standing water resulting from rainfall. 81
2. Changes, additions, or improvements that replace or are 82
made to homestead property to elevate such property must be 83
assessed upon substantial completion as provided in this 84
paragraph. Except as provided in subparagraph 3., such an 85
assessment must be calculated using the property's assessed 86
value as of the January 1 immediately preceding the commencement 87
of elevation, subject to the assessment limitations in 88
subsections (1) and (2), when: 89
a. The square footage of the homestead property as 90
elevated does not exceed 110 percent of the square footage of 91
the homestead property before the elevation; or 92
b. The total square footage of the homestead property as 93
elevated does not exceed 2,000 square fe et. 94
3. Homestead property that was unable to be used for its 95
intended purpose on the January 1 immediately preceding 96
commencement of elevation due to damage or destruction caused by 97
misfortune or calamity must have such assessment calculated 98
using the homestead property's assessed value as of the January 99
1 immediately preceding such damage or destruction, subject to 100
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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
the assessment limitations in subsections (1) and (2). Such 101
property's elevation must be commenced within 5 years after the 102
January 1 following the damage or destruction of the homestead. 103
4. The homestead property's assessed value must be 104
increased by the just value of that portion of the elevated 105
homestead property which is in excess of 110 percent of the 106
square footage of the homestead prop erty before the elevation or 107
of that portion exceeding 2,000 square feet. However, the area 108
underneath an elevated structure which is dedicated only for 109
parking, storage, or access may not be included in the 110 110
percent calculation. The area underneath an elevated structure 111
that exceeds 110 percent of the lowest level square footage 112
before the elevation must be included in the 110 percent 113
calculation. 114
5. An elevated homestead property that has a square 115
footage of less than 100 percent of the homestead pro perty's 116
total square footage before the elevation must be assessed 117
pursuant to subsection (5). 118
6. Property appraisers may require the property owner to 119
provide evidence substantiating eligibility for assessment 120
pursuant to this paragraph, including eleva tion certificates 121
documenting compliance with the National Flood Insurance 122
Program, or, if elevating in accordance with sub -sub-123
subparagraph 1.a.(II), documentation evidencing damage from a 124
prior flood event, including local government building permits 125
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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
obtained during reconstruction. 126
7. To be eligible for the assessment limitation under this 127
paragraph, homestead property must comply with all applicable 128
Federal Emergency Management Agency's National Flood Insurance 129
Program building requirements and Florida Building Code 130
elevation requirements. Homestead property elevation pursuant to 131
sub-sub-subparagraph 1.a.(II) must comply with building and 132
elevation requirements at the property nearest to the homestead 133
property. 134
8. This paragraph does not apply to home stead property 135
that was elevated if there is a change in the classification of 136
the property pursuant to s. 195.073(1) on the January 1 137
immediately after the substantial completion. 138
9. This paragraph applies to homestead property for which 139
the owner commenced elevation on or after January 1, 2027. 140
Section 2. This act shall take effect on the effective 141
date of the amendment to the State Constitution proposed by HJR 142
1039 or a similar joint resolution having substantially the same 143
specific intent and purp ose, if such amendment is approved at 144
the next general election or at an earlier special election 145
specifically authorized by law for that purpose. 146