Florida Senate - 2021 SB 1186 By Senator Brandes 24-01427-21 20211186__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to property assessments for elevated 2 properties; amending ss. 193.155 and 193.1554, F.S.; 3 specifying that changes to elevate certain homestead 4 and nonhomestead residential property, respectively, 5 do not increase the assessed value of the property 6 under certain circumstances; requiring property owners 7 to provide certification for such property; defining 8 the terms “voluntary elevation” and “voluntarily 9 elevated”; prohibiting certain areas from being 10 included in square footage calculation; making 11 clarifying revisions; reenacting s. 193.1557, F.S., 12 relating to assessment of certain property damaged or 13 destroyed by Hurricane Michael, to incorporate 14 amendments made by this act to ss. 193.155 and 15 193.1554, F.S., in references thereto; providing a 16 contingent effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20

Section 1. Subsection (4) of

section 193.155, Florida 21 Statutes, is amended to read: 22 193.155 Homestead assessments.—Homestead property shall be 23 assessed at just value as of January 1, 1994. Property receiving 24 the homestead exemption after January 1, 1994, shall be assessed 25 at just value as of January 1 of the year in which the property 26 receives the exemption unless the provisions of subsection (8) 27 apply. 28 (4)(

a) Except as provided in paragraph (

b) and s. 193.624, 29

Florida Senate - 2021 SB 1186 24-01427-21 20211186__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. changes, additions, or improvements to homestead property shall 30 be assessed at just value as of the first January 1 after the 31 changes, additions, or improvements are substantially completed. 32 (

b) Changes, additions, or improvements that replace all or 33 a portion of homestead property damaged or destroyed by 34 misfortune or calamity shall not increase the homestead 35 property’s assessed value when the square footage of the 36 homestead property as changed or improved does not exceed 110 37 percent of the square footage of the homestead property before 38 the damage, or destruction, or voluntary elevation of the 39 homestead property if: 40 1. The homestead property was damaged or destroyed by 41 misfortune or calamity; or 42 2.

Before the voluntary elevation, the homestead property 43 did not comply with the Federal Emergency Management Agency’s 44 National Flood Insurance Program requirements and Florida 45 Building Code elevation requirements and was elevated in 46 compliance with such requirements. The property owner shall 47 provide elevation certificates for both the original and the 48 elevated homestead property.

For purposes of this subsection, 49 the term “voluntary elevation” or “voluntarily elevated” means 50 the elevation of an existing nonconforming homestead property or 51 the removal and rebuilding of a nonconforming homestead 52 property. Conforming areas below an elevated structure 53 designated only for parking, storage, or access may not be 54 included in the 110 percent calculation unless the area exceeds 55 110 percent of the square footage before the voluntary 56 elevation. 57 58

Florida Senate - 2021 SB 1186 24-01427-21 20211186__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions. Additionally, the homestead property’s assessed value may shall 59 not increase if the total square footage of the homestead 60 property as changed, or improved, or elevated does not exceed 61 1,500 square feet. 62 (

c) Changes, additions, or improvements that do not cause 63 the total to exceed 110 percent of the total square footage of 64 the homestead property before the qualifying damage, or 65 destruction, or voluntary elevation or that do not cause the 66 total to exceed 1,500 total square feet shall be reassessed as 67 provided under subsection (1).

The homestead property’s assessed 68 value shall be increased by the just value of that portion of 69 the changed or improved homestead property which is in excess of 70 110 percent of the square footage of the homestead property 71 before the qualifying damage, or destruction, or voluntary 72 elevation or of that portion exceeding 1,500 square feet. 73 Homestead property damaged, or destroyed, or voluntarily 74 elevated by misfortune or calamity which, after being changed or 75 improved, has a square footage of less than 100 percent of the 76 homestead property’s total square footage before the qualifying 77 damage, or destruction, or voluntary elevation shall be assessed 78 pursuant to subsection (5).

This subsection paragraph applies to 79 changes, additions, or improvements commenced within 3 years 80 after the January 1 following the qualifying damage, or 81 destruction, or voluntary elevation of the homestead property. 82 (d)(

c) Changes, additions, or improvements that replace all 83 or a portion of real property that was damaged, or destroyed, or 84 voluntarily elevated by misfortune or calamity shall be assessed 85 upon substantial completion as if such qualifying damage, or 86 destruction, or voluntary elevation had not occurred and in 87

Florida Senate - 2021 SB 1186 24-01427-21 20211186__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. accordance with paragraph (

b) if the owner of such property: 88 1. Was permanently residing on such property when the 89 qualifying damage, or destruction, or voluntary elevation 90 occurred; 91 2. Was not entitled to receive homestead exemption on such 92 property as of January 1 of that year; and 93 3. Applies for and receives homestead exemption on such 94 property the following year. 95 (e)(

d) Changes, additions, or improvements include 96 improvements made to common areas or other improvements made to 97 property other than to the homestead property by the owner or by 98 an owner association, which improvements directly benefit the 99 homestead property. Such changes, additions, or improvements 100 shall be assessed at just value, and the just value shall be 101 apportioned among the parcels benefiting from the improvement. 102

Section 2. Subsection (6) of

section 193.1554, Florida 103 Statutes, is amended to read: 104 193.1554 Assessment of nonhomestead residential property.— 105 (6)(

a) Except as provided in paragraph (

b) and s. 193.624, 106 changes, additions, or improvements to nonhomestead residential 107 property shall be assessed at just value as of the first January 108 1 after the changes, additions, or improvements are 109 substantially completed. 110 (

b) Changes, additions, or improvements that replace all or 111 a portion of nonhomestead residential property damaged or 112 destroyed by misfortune or calamity shall not increase the 113 property’s assessed value when the square footage of the 114 property as changed or improved does not exceed 110 percent of 115 the square footage of the property before the damage, or 116

Florida Senate - 2021 SB 1186 24-01427-21 20211186__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. destruction, or voluntary elevation of the property if: 117 1. The property was damaged or destroyed by misfortune or 118 calamity; or 119 2. Before the voluntary elevation, the property did not 120 comply with the Federal Emergency Management Agency’s National 121 Flood Insurance Program requirements and Florida Building Code 122 elevation requirements and was elevated in compliance with such 123 requirements.

The property owner must provide elevation 124 certificates for both the original and the elevated property. 125 For purposes of this subsection, the term “voluntary elevation” 126 or “voluntarily elevated” means the elevation of an existing 127 nonconforming nonhomestead residential property or the removal 128 and rebuilding of a nonconforming nonhomestead residential 129 property.

Conforming areas below an elevated structure 130 designated only for parking, storage, or access may not be 131 included in the 110 percent calculation unless the area exceeds 132 110 percent of the square footage before the voluntary 133 elevation. 134 135 Additionally, the property’s assessed value may shall not 136 increase if the total square footage of the property as changed, 137 or improved, or elevated does not exceed 1,500 square feet. 138 (

c) Changes, additions, or improvements that do not cause 139 the total to exceed 110 percent of the total square footage of 140 the property before the qualifying damage, or destruction, or 141 voluntary elevation or that do not cause the total to exceed 142 1,500 total square feet shall be reassessed as provided under 143 subsection (3). The property’s assessed value shall be increased 144 by the just value of that portion of the changed or improved 145

Florida Senate - 2021 SB 1186 24-01427-21 20211186__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. property which is in excess of 110 percent of the square footage 146 of the property before the qualifying damage, or destruction, or 147 voluntary elevation or of that portion exceeding 1,500 square 148 feet.

Property damaged, or destroyed, or voluntarily elevated by 149 misfortune or calamity which, after being changed or improved, 150 has a square footage of less than 100 percent of the property’s 151 total square footage before the qualifying damage, or 152 destruction, or voluntary elevation shall be assessed pursuant 153 to subsection (8). This subsection paragraph applies to changes, 154 additions, or improvements commenced within 3 years after the 155 January 1 following the qualifying damage, or destruction, or 156 voluntary elevation of the property. 157 (d)(

c) Changes, additions, or improvements include 158 improvements made to common areas or other improvements made to 159 property other than to the nonhomestead residential property by 160 the owner or by an owner association, which improvements 161 directly benefit the property. Such changes, additions, or 162 improvements shall be assessed at just value, and the just value 163 shall be apportioned among the parcels benefiting from the 164 improvement. 165

Section 3. For the purpose of incorporating the amendments 166 made by this act to sections 193.155 and 193.1554, Florida 167 Statutes, in references thereto,

section 193.1557, Florida 168 Statutes, is reenacted to read: 169 193.1557 Assessment of certain property damaged or 170 destroyed by Hurricane Michael.—For property damaged or 171 destroyed by Hurricane Michael in 2018, s. 193.155(4)(b), s. 172 193.1554(6)(b), or s. 193.1555(6)(

b) applies to changes, 173 additions, or improvements commenced within 5 years after 174

Florida Senate - 2021 SB 1186 24-01427-21 20211186__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. January 1, 2019. This

section applies to the 2019-2023 tax rolls 175 and shall stand repealed on December 31, 2023. 176

Section 4. This act shall take effect on the effective date 177 of the amendment to the State Constitution proposed by SJR ____ 178 or a similar joint resolution having substantially the same 179 specific intent and purpose, if such amendment to the State 180 Constitution is approved at the general election held in 181 November 2022 or at an earlier special election specifically 182 authorized by law for that purpose. 183