July 11, 2020
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_h7215__
HB 7215

1
A bill to be entitled
2An act relating to property taxation; amending s.
3193.1554, F.S.; specifying an additional type of transfer
4under which no change of ownership of nonhomestead
5residential property occurs; amending s. 193.1555, F.S.;
6specifying an additional type of transfer under which no
7change of ownership of nonresidential property occurs;
8amending s. 193.1556, F.S.; providing that a recorded deed
9or other instrument serves as notice of a change of
10ownership; requiring the Department of Revenue to provide
11a form by which a property owner may notify a property
12appraiser of a change of ownership; specifying a form
13requirement; amending s. 193.461, F.S.; specifying
14application of a methodology for assessing certain
15agricultural improvements, structures, or equipment
16located on agricultural land and used for specified
17purposes; amending s. 196.061, F.S.; revising criteria for
18rental of a homestead as constituting abandonment of the
19homestead; providing a definition; amending s. 196.1995,
20F.S.; expanding the authority of the governing body of a
21county or municipality to renew economic development ad
22valorem tax exemptions for multiple 10-year periods upon
23approval by referendum for each renewal; providing an
24effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Subsection (5) of section 193.1554, Florida
29Statutes, to read:
30     193.1554  Assessment of nonhomestead residential property.-
31     (5)  Except as provided in this subsection, property
32assessed under this section shall be assessed at just value as
33of January 1 of the year following a change of ownership or
34control. Thereafter, the annual changes in the assessed value of
35the property are subject to the limitations in subsections (3)
36and (4). For purpose of this section, a change of ownership or
37control means any sale, foreclosure, transfer of legal title or
38beneficial title in equity to any person, or the cumulative
39transfer of control or of more than 50 percent of the ownership
40of the legal entity that owned the property when it was most
41recently assessed at just value, except as provided in this
42subsection. There is no change of ownership if:
43     (a)  The transfer of title is to correct an error;
44     (b)  The transfer is between legal and equitable title; or
45     (c)  The transfer is between husband and wife, including a
46transfer to a surviving spouse or a transfer due to a
47dissolution of marriage; or
48     (d)  For a publicly traded company, the cumulative transfer
49of more than 50 percent of the ownership of the entity occurs
50through the buying and selling of shares of the company on a
51public exchange. This exception does not include a transfer made
52through a merger with or an acquisition by another company,
53including, but not limited to, acquisition by acquiring
54outstanding shares of the company.
55     Section 2.  Subsection (5) of section 193.1555, Florida
56Statutes, is amended to read:
57     193.1555  Assessment of certain residential and
58nonresidential real property.-
59     (5)  Except as provided in this subsection, property
60assessed under this section shall be assessed at just value as
61of January 1 of the year following a qualifying improvement or
62change of ownership or control. Thereafter, the annual changes
63in the assessed value of the property are subject to the
64limitations in subsections (3) and (4). For purpose of this
65section:
66     (a)  A qualifying improvement means any substantially
67completed improvement that increases the just value of the
68property by at least 25 percent.
69     (b)  A change of ownership or control means any sale,
70foreclosure, transfer of legal title or beneficial title in
71equity to any person, or the cumulative transfer of control or
72of more than 50 percent of the ownership of the legal entity
73that owned the property when it was most recently assessed at
74just value, except as provided in this subsection. There is no
75change of ownership if:
76     1.  The transfer of title is to correct an error; or
77     2.  The transfer is between legal and equitable title; or
78     3.  For a publicly traded company, the cumulative transfer
79of more than 50 percent of the ownership of the entity occurs
80through the buying and selling of shares of the company on a
81public exchange. This exception does not include a transfer made
82through a merger with or an acquisition by another company,
83including, but not limited to, acquisition by acquiring
84outstanding shares of the company.
85     Section 3.  Section 193.1556, Florida Statutes, is amended
86to read:
87     193.1556  Notice of change of ownership or control
88required.-
89     (1)  Any person or entity that owns property assessed under
90s. 193.1554 or s. 193.1555 must notify the property appraiser
91promptly of any change of ownership or control as defined in ss.
92193.1554(5) and 193.1555(5). If the change of ownership is
93recorded by a deed or other instrument in the public records of
94the county where the property is located, the recorded deed or
95other instrument shall serve as notice to the property
96appraiser. If any property owner fails to so notify the property
97appraiser and the property appraiser determines that for any
98year within the prior 10 years the owner's property was not
99entitled to assessment under s. 193.1554 or s. 193.1555, the
100owner of the property is subject to the taxes avoided as a
101result of such failure plus 15 percent interest per annum and a
102penalty of 50 percent of the taxes avoided. It is the duty of
103the property appraiser making such determination to record in
104the public records of the county a notice of tax lien against
105any property owned by that person or entity in the county, and
106such property must be identified in the notice of tax lien. Such
107property is subject to the payment of all taxes and penalties.
108Such lien when filed shall attach to any property, identified in
109the notice of tax lien, owned by the person or entity that
110illegally or improperly was assessed under s. 193.1554 or s.
111193.1555. If such person or entity no longer owns property in
112that county, but owns property in some other county or counties
113in the state, it shall be the duty of the property appraiser to
114record a notice of tax lien in such other county or counties,
115identifying the property owned by such person or entity in such
116county or counties, and it becomes a lien against such property
117in such county or counties.
118     (2)  The Department of Revenue shall provide a form by
119which a property owner may provide notice to all property
120appraisers of a change in ownership or control. The form must
121allow the property owner to list all property that he or she
122owns or controls in this state for which a change of ownership
123or control as defined in s. 193.1554(5) or s. 193.1555(5) has
124occurred but has not been noticed previously to property
125appraisers. Providing notice on such form constitutes compliance
126with the notification requirements of this section.
127     Section 4.  Paragraph (c) of subsection (6) of section
128193.461, Florida Statutes, is amended to read:
129     193.461  Agricultural lands; classification and assessment;
130mandated eradication or quarantine program.-
131     (6)
132     (c)1.  For purposes of the income methodology approach to
133assessment of property used for agricultural purposes,
134irrigation systems, including pumps and motors, physically
135attached to the land shall be considered a part of the average
136yields per acre and shall have no separately assessable
137contributory value.
138     2.  Litter containment structures located on producing
139poultry farms and animal waste nutrient containment structures
140located on producing dairy farms shall be assessed by the
141methodology described in subparagraph 1.
142     3.  Structures or improvements used for horticulture
143production that improve water quality or water conservation, as
144designated in the Department of Agriculture and Consumer
145Service's interim measures or best management practices adopted
146pursuant to s. 570.085 or s. 403.067(7)(c), shall be assessed by
147the methodology described in subparagraph 1.
148     Section 5.  Section 196.061, Florida Statutes, is amended
149to read:
150     196.061  Rental of homestead to constitute abandonment.-The
151rental of all or substantially all of a an entire dwelling
152previously claimed to be a homestead for tax purposes shall
153constitute the abandonment of the said dwelling as a homestead,
154and such said abandonment shall continue until such dwelling is
155physically occupied by the owner thereof. However, such
156abandonment of such homestead after January 1 of any year shall
157not affect the homestead exemption for tax purposes for that
158particular year so long as this provision is not used for 2
159consecutive years. The provisions of this section shall not
160apply to a member of the Armed Forces of the United States whose
161service in such forces is the result of a mandatory obligation
162imposed by the federal Selective Service Act or who volunteers
163for service as a member of the Armed Forces of the United
164States. As used in this section, the term "rental" means any
165rental, lease, license, or other similar agreement by which the
166owner is compensated for use of the dwelling by tenants or
167guests.
168     Section 6.  Subsection (7) of section 196.1995, Florida
169Statutes, is amended to read:
170     196.1995  Economic development ad valorem tax exemption.-
171     (7)  The authority to grant exemptions under this section
172expires will expire 10 years after the date such authority was
173approved in an election, but such authority may be renewed for
174subsequent another 10-year periods if each 10-year renewal is
175approved period in a referendum called and held pursuant to this
176section.
177     Section 7.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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