Florida 2025 2025 Regular Session

Florida House Bill H1259 Introduced / Bill

Filed 02/26/2025

                       
 
HB 1259   	2025 
 
 
 
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A bill to be entitled 1 
An act relating to a property tax exemption and 2 
assessment limitation on long -term leased property; 3 
creating s. 193.1553, F.S.; providing that property 4 
that receives a certain tax exemption shall be 5 
assessed in a specified manner; providing that 6 
changes, additions, and improvements to such 7 
properties shall be assessed in a specified manner; 8 
providing exceptions and alternative assessments; 9 
providing constructi on; requiring property that no 10 
longer meets eligibility requirements to be assessed 11 
in an alternative manner; amending s. 196.011, F.S.; 12 
requiring the submission of an application containing 13 
specified information before receiving a specified tax 14 
exemption; amending s. 196.034, F.S.; providing 15 
specified tax exemptions for property that meets 16 
certain eligibility requirements; providing that 17 
certain damaged or destroyed property is eligible for 18 
the exemption if specified conditions are met; 19 
providing that if such conditions are not met, such 20 
property shall be considered abandoned for a specified 21 
purpose; amending ss. 193.1554 and 194.032, F.S.; 22 
conforming provisions to changes made by the act; 23 
providing an effective date. 24 
 25     
 
HB 1259   	2025 
 
 
 
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Be It Enacted by the Legislature o f the State of Florida: 26 
 27 
 Section 1.  Section 193.1553, Florida Statutes, is created 28 
to read: 29 
 193.1553  Assessment of certain residential property 30 
subject to a long-term lease.— 31 
 (1)  Property that receives the exemption under s. 196.034 32 
shall be assessed under this section. 33 
 (2)  Except as provided in subsection (4), property that 34 
meets the conditions of subsection (1) shall be assessed 35 
pursuant to this section as of January 1 of any year for which 36 
the property is eligible for assessment under this sect ion, 37 
using the prior year's assessed value as the basis for any 38 
change in assessment. Any change resulting from such assessment 39 
shall not exceed the lower of the following: 40 
 (a)  Three percent of the assessed value of the property 41 
for the prior year; or 42 
 (b)  The percentage change in the Consumer Price Index for 43 
All Urban Consumers, U.S. City Average, all items 1967=100, or 44 
successor reports for the preceding calendar year as initially 45 
reported by the United States Department of Labor, Bureau of 46 
Labor Statistics. 47 
 (3)  If the assessed value of the property as calculated 48 
under subsection (2) exceeds the just value, the assessed value 49 
of the property shall be lowered to the just value of the 50     
 
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property. 51 
 (4)  Property assessed under this section shall be assesse d 52 
at just value as of January 1 of the year following a change of 53 
ownership. Thereafter, the annual changes in the assessed value 54 
of the property are subject to the limitations in subsections 55 
(2) and (3). For purposes of this subsection, the term "change 56 
of ownership" means any sale, foreclosure, or transfer of legal 57 
title or beneficial title in equity to any person, except if any 58 
of the provisions of s. 193.155(3)(a) apply. 59 
 (5)(a)  Except as provided in paragraph (b) and s. 193.624, 60 
changes, additions, or improvements to property subject to this 61 
section shall be assessed at just value as of the first January 62 
1 after the changes, additions, or improvements are 63 
substantially completed. 64 
 (b)1.  Changes, additions, or improvements that replace all 65 
or a portion of property assessed under this section, including 66 
ancillary improvements, that are damaged or destroyed by 67 
misfortune or calamity shall be assessed upon substantial 68 
completion as provided in this paragraph. Such assessment must 69 
be calculated using the pr operty's assessed value as of the 70 
January 1 immediately before the date on which the damage or 71 
destruction was sustained, subject to the assessment limitations 72 
in subsections (2) and (3), when: 73 
 a.  The square footage of the property as changed or 74 
improved does not exceed 110 percent of the square footage of 75     
 
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the property before the damage or destruction; or 76 
 b.  The total square footage of the property as changed or 77 
improved does not exceed 1,500 square feet. 78 
 2.  The property's assessed value must be increased by the 79 
just value of that portion of the changed or improved property 80 
which is in excess of 110 percent of the square footage of the 81 
property before the damage or destruction or of that portion 82 
exceeding 1,500 square feet. 83 
 3.  Property damaged o r destroyed by misfortune or calamity 84 
which, after being changed or improved, has a square footage of 85 
less than 100 percent of the property's total square footage 86 
before the damage or destruction shall be assessed pursuant to 87 
subsection (6). 88 
 4.  Changes, additions, or improvements assessed pursuant 89 
to this paragraph must be reassessed pursuant to subsection (2) 90 
in subsequent years. This paragraph applies to changes, 91 
additions, or improvements commenced within 5 years after the 92 
January 1 following the damag e or destruction of the property. 93 
 (c)  Changes, additions, or improvements include 94 
improvements made to common areas or other improvements made to 95 
property other than to the property by the owner or by an owner 96 
association, which improvements directly ben efit the property. 97 
Such changes, additions, or improvements shall be assessed at 98 
just value, and the just value shall be apportioned among the 99 
parcels benefiting from the improvement. 100     
 
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 (6)  When property is destroyed or removed and not 101 
replaced, the assess ed value of the parcel shall be reduced by 102 
the assessed value attributable to the destroyed or removed 103 
property. 104 
 (7)  Only property that meets the conditions of subsection 105 
(1) is subject to this section. Any portion of property that is 106 
assessed solely on the basis of character or use pursuant to s. 107 
193.461 or s. 193.501, or assessed pursuant to s. 193.505, is 108 
not subject to this section. When property is assessed under s. 109 
193.461, s. 193.501, or s. 193.505 and contains a residence 110 
under the same ownership, the portion of the property consisting 111 
of the residence and curtilage must be assessed separately, 112 
pursuant to s. 193.011, for the assessment to be subject to the 113 
limitation in this section. 114 
 (8)(a)  If, after meeting the conditions of subsection (1) 115 
and receiving the benefit of the assessment limitation in 116 
subsections (2) and (3), the property does not meet the 117 
conditions of subsection (1) on January 1 of any year, the 118 
property shall instead be assessed pursuant to s. 193.1554(3) 119 
and (4) or s. 193.1555(3) and (4), as applicable, beginning with 120 
such year. Any change in assessment in the first year the 121 
property is assessed pursuant to s. 193.1554 or s. 193.1555 122 
shall use the most recent year's assessed value under this 123 
section as the basis for adjustment, an d may not revert to just 124 
value unless such property experiences a change of ownership or 125     
 
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control as provided in s. 193.1554 or s. 193.1555. 126 
 (b)  If the property meets the conditions of subsection (1) 127 
in a subsequent year, this section shall apply beginnin g with 128 
such year, and the application of the limitation in subsection 129 
(2) shall use the most recent year's assessed value as the basis 130 
for adjustment, even if the property was assessed in that year 131 
pursuant to s. 193.1554 or s. 193.1555. 132 
 Section 2.  Paragraph (b) of subsection (1) of section 133 
196.011, Florida Statutes, is amended, and subsection (14) is 134 
added to that section, to read: 135 
 196.011  Annual application required for exemption. — 136 
 (1) 137 
 (b)  The form to apply for an exemption under s. 196.031, 138 
s. 196.034, s. 196.081, s. 196.091, s. 196.101, s. 196.102, s. 139 
196.173, or s. 196.202 must include a space for the applicant to 140 
list the social security number of the applicant and of the 141 
applicant's spouse, if any. If an applicant files a timely and 142 
otherwise complete application, and omits the required social 143 
security numbers, the application is incomplete. In that event, 144 
the property appraiser shall contact the applicant, who may 145 
refile a complete application by April 1. Failure to file a 146 
complete application by that date constitutes a waiver of the 147 
exemption privilege for that year, except as provided in 148 
subsection (7) or subsection (9). 149 
 (14)  Notwithstanding paragraph (7)(a), an applicant who is 150     
 
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eligible to receive an exemption under s. 196.034 must file a n 151 
application each year by March 1. Such application must include 152 
the address of the property at which the owner currently 153 
receives a homestead exemption, and an executed copy of the 154 
lease for the property to be exempted under s. 196.034. 155 
 Section 3.  Section 196.034, Florida Statutes, is created 156 
to read: 157 
 196.034  Exemption of certain residential property subject 158 
to a long-term lease.— 159 
 (1)(a)  Property that meets the following conditions is 160 
entitled to an exemption from all taxation up to the assessed 161 
valuation of $25,000: 162 
 1.  The owner of the property holds the legal or equitable 163 
title to a separate parcel that receives the exemption under s. 164 
196.031 and such parcel is his or her permanent residence. 165 
 2.  As of January 1 of the taxable year, the proper ty is 166 
rented by the owner to one or more persons for residential use 167 
under a written lease that has a duration of 6 months or more. 168 
 (b)  Every property that qualifies to receive the exemption 169 
provided in paragraph (a) is entitled to an additional exemptio n 170 
of up to $25,000 on the assessed valuation greater than $50,000 171 
for all levies other than school district levies. 172 
 (c)  Any property that does not meet the conditions of 173 
paragraph (a) for a given year may not receive the benefits 174 
provided in paragraphs ( a) and (b) for such year unless 175     
 
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subsection (2) applies, but the property may receive the 176 
benefits in paragraphs (a) and (b) in any future year for which 177 
all conditions in paragraph (a) are met. 178 
 (2)  For purposes of this section, when property exempted 179 
under this section is damaged or destroyed by misfortune or 180 
calamity and the property is uninhabitable on the January 1 181 
after the damage or destruction occurs, the property shall be 182 
considered to be subject to a long -term lease on January 1 and 183 
an existing exemption under this section shall continue if the 184 
property is otherwise qualified and if the property owner 185 
notifies the property appraiser that he or she intends to repair 186 
or rebuild the property and the existing or another lessee will 187 
resume residency aft er the property is repaired or rebuilt. 188 
Failure by the property owner to commence the repair or 189 
rebuilding of the property within 5 years after the January 1 190 
following the property's damage or destruction constitutes 191 
abandonment of the property as exempt u nder this section. After 192 
the 5-year period, the expiration, lapse, nonrenewal, or 193 
revocation of a building permit issued to the property owner for 194 
such repairs or rebuilding also constitutes abandonment of the 195 
property under this section. 196 
 Section 4.  Subsection (1) of section 193.1554, Florida 197 
Statutes, is amended to read: 198 
 193.1554  Assessment of nonhomestead residential property. — 199 
 (1)  As used in this section, the term "nonhomestead 200     
 
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residential property" means residential real property that 201 
contains nine or fewer dwelling units, including vacant property 202 
zoned and platted for residential use, and that does not receive 203 
the exemption under s. 196.031 or s. 196.034. 204 
 Section 5.  Paragraph (a) of subsection (1) of section 205 
194.032, Florida Statutes, is am ended to read: 206 
 194.032  Hearing purposes; timetable. — 207 
 (1)(a)  The value adjustment board shall meet not earlier 208 
than 30 days and not later than 60 days after the mailing of the 209 
notice provided in s. 194.011(1); however, no board hearing 210 
shall be held before approval of all or any part of the 211 
assessment rolls by the Department of Revenue. The board shall 212 
meet for the following purposes: 213 
 1.  Hearing petitions relating to assessments filed 214 
pursuant to s. 194.011(3). 215 
 2.  Hearing complaints relating to homes tead exemptions as 216 
provided for under s. 196.151. 217 
 3.  Hearing appeals from exemptions denied, or disputes 218 
arising from exemptions granted, upon the filing of exemption 219 
applications under s. 196.011. 220 
 4.  Hearing appeals concerning ad valorem tax deferrals and 221 
classifications. 222 
 5.  Hearing appeals from determinations that a change of 223 
ownership under s. 193.155(3), a change of ownership or control 224 
under s. 193.1553(4), s. 193.1554(5), or s. 193.1555(5), or a 225     
 
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qualifying improvement under s. 193.1555(5) has oc curred. 226 
 Section 6. This act shall take effect on the effective 227 
date of the amendment to the State Constitution proposed by HJR 228 
1257 or a similar joint resolution having substantially the same 229 
specific intent and purpose , if such amendment is approved at 230 
the next general election. 231