1 | 1 | | Florida Senate - 2025 SB 378 |
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5 | 5 | | By Senator Harrell |
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11 | 11 | | 31-01158-25 2025378__ |
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12 | 12 | | Page 1 of 3 |
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13 | 13 | | CODING: Words stricken are deletions; words underlined are additions. |
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14 | 14 | | A bill to be entitled 1 |
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15 | 15 | | An act relating to ad valorem taxation; amending s. 2 |
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16 | 16 | | 196.011, F.S.; authorizing a taxpayer to rescind a 3 |
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17 | 17 | | homestead exemption application; providing 4 |
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18 | 18 | | requirements for rescinding such application; 5 |
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19 | 19 | | requiring the property appraiser to adjust the tax 6 |
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20 | 20 | | roll; authorizing the Department of Revenue to adopt 7 |
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21 | 21 | | emergency rules; providing applicability; amending s. 8 |
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22 | 22 | | 196.196, F.S.; revising conditions under which 9 |
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23 | 23 | | property is entitled to a certain exemption; defining 10 |
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24 | 24 | | the term “religious activities”; relocating a 11 |
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25 | 25 | | provision relating to property used as a parsonage, 12 |
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26 | 26 | | burial grounds, or a tomb; providing an effective 13 |
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27 | 27 | | date. 14 |
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28 | 28 | | 15 |
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29 | 29 | | Be It Enacted by the Legislature of the State of Florida: 16 |
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30 | 30 | | 17 |
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31 | 31 | | Section 1. Subsection (14) is added to section 196.011, 18 |
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32 | 32 | | Florida Statutes, to read: 19 |
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33 | 33 | | 196.011 Annual application required for exemption. — 20 |
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34 | 34 | | (14)(a) A taxpayer having filed an application for a 21 |
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35 | 35 | | homestead exemption on a property under s. 196.031 by March 1 22 |
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36 | 36 | | may elect to rescind his or her filed application by notifying 23 |
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37 | 37 | | the property appraiser. A taxpayer making such election must 24 |
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38 | 38 | | notify the property appraiser on a form provided by the 25 |
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39 | 39 | | department of such election between August 1 and September 15 of 26 |
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40 | 40 | | the same taxable year for which the taxpayer filed an 27 |
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41 | 41 | | application for a homestead exemption. To qualify to make the 28 |
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42 | 42 | | election, all of the following conditions must be met: 29 Florida Senate - 2025 SB 378 |
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52 | 52 | | 31-01158-25 2025378__ |
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53 | 53 | | Page 2 of 3 |
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54 | 54 | | CODING: Words stricken are deletions; words underlined are additions. |
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55 | 55 | | 1. The taxpayer must have owned the property when the 30 |
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56 | 56 | | property was assessed on January 1 of the previous year. 31 |
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57 | 57 | | 2. The property must have been assessed under s. 193.1554 32 |
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58 | 58 | | or s. 193.1555 on January 1 of the previous year. 33 |
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59 | 59 | | 3. The taxpayer must have been in continuous ownership of 34 |
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60 | 60 | | the property from the time of assessment on January 1 of the 35 |
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61 | 61 | | previous year until the time the taxpayer filed an application 36 |
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62 | 62 | | for a homestead exemption on the property. 37 |
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63 | 63 | | (b) If a taxpayer elects to rescind his or her filed 38 |
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64 | 64 | | application for a homestead exemption under this subsection, the 39 |
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65 | 65 | | property appraiser shall adjust the tax roll before 40 |
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66 | 66 | | certification to the tax collector pursuant to s. 197.322 to 41 |
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67 | 67 | | reflect the effect of such rescindment. 42 |
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68 | 68 | | Section 2. (1) The Department of Revenue may, and all 43 |
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69 | 69 | | conditions are deemed met to, adopt emergency rules pursuant to 44 |
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70 | 70 | | s. 120.54(4), Florida Statutes, to administer section 1 of this 45 |
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71 | 71 | | act. 46 |
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72 | 72 | | (2) Notwithstanding any other provision of law, emergency 47 |
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73 | 73 | | rules adopted under this section are effective for 6 months 48 |
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74 | 74 | | after adoption and may be renewed during the pendency of 49 |
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75 | 75 | | procedures to adopt permanent rules addressing the subject of 50 |
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76 | 76 | | the emergency rules. 51 |
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77 | 77 | | Section 3. The amendments made by this act to s. 196.011, 52 |
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78 | 78 | | Florida Statutes, first apply to the 2026 tax roll. 53 |
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79 | 79 | | Section 4. Subsections (3) and (6) of section 196.196, 54 |
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80 | 80 | | Florida Statutes, are amended to read: 55 |
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81 | 81 | | 196.196 Determining whether property is entitled to 56 |
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82 | 82 | | charitable, religious, scientific, or literary exemption. — 57 |
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83 | 83 | | (3) Property owned by an exempt organization is used for an 58 Florida Senate - 2025 SB 378 |
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93 | 93 | | 31-01158-25 2025378__ |
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95 | 95 | | CODING: Words stricken are deletions; words underlined are additions. |
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96 | 96 | | exempt a religious purpose if the organization institution has 59 |
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97 | 97 | | taken affirmative steps to prepare the property for the 60 |
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98 | 98 | | utilization of the property for charitable, religious, 61 |
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99 | 99 | | scientific, or literary activities use as a house of public 62 |
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100 | 100 | | worship. The term “affirmative steps” means environmental or 63 |
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101 | 101 | | land use permitting activities, creation of architectural plans 64 |
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102 | 102 | | or schematic drawings, land clearing or site preparation, 65 |
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103 | 103 | | construction or renovation activities, or other similar 66 |
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104 | 104 | | activities that demonstrate a commitment of the property to the 67 |
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105 | 105 | | utilization of the property for charitable, religious, 68 |
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106 | 106 | | scientific, or literary activities a religious use as a house of 69 |
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107 | 107 | | public worship. 70 |
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108 | 108 | | (a) For purposes of this subsection section, the term 71 |
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109 | 109 | | “religious activities” means the use of the property as a house 72 |
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110 | 110 | | of public worship. For purposes of this subsection, the term 73 |
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111 | 111 | | “public worship” means religious worship services and those 74 |
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112 | 112 | | other activities that are incidental to religious worship 75 |
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113 | 113 | | services, such as educational activities, parking, recreation, 76 |
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114 | 114 | | partaking of meals, and fellowship. 77 |
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115 | 115 | | (b) Property that is used as a parsonage, burial grounds, 78 |
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116 | 116 | | or a tomb and is owned by an exempt organization that owns a 79 |
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117 | 117 | | house of public worship is used for a religious purpose. 80 |
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118 | 118 | | (6) Property that is used as a parsonage, burial grounds, 81 |
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119 | 119 | | or a tomb and is owned by an exempt organization that owns a 82 |
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120 | 120 | | house of public worship is used for a religious purpose. 83 |
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121 | 121 | | Section 5. This act shall take effect July 1, 2025. 84 |
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