THE BILL ITSELF
HB 795
Transfer of Homestead Property by Inheritance
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A bill to be entitled
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An act relating to transfer of homestead property by
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inheritance; amending s. 193.155, F.S.; providing that
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transfer of certain property by inheritance is not a
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change in ownership; providing a contingent effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (3) of section
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193.155, Florida Statutes, is amended to read:
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193.155 Homestead assessments.—Homestead property shall be
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assessed at just value as of January 1, 1994. Property receiving
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the homestead exemption after January 1, 1994, shall be assessed
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at just value as of January 1 of the year in which the property
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receives the exemption unless the provisions of subsection (8)
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apply.
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(3)(a) Except as provided in this subsection or subsection
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(8), property assessed under this section shall be assessed at
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just value as of January 1 of the year following a change of
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ownership. Thereafter, the annual changes in the assessed value
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of the property are subject to the limitations in subsections
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(1) and (2). For the purpose of this section, a change of
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ownership means any sale, foreclosure, or transfer of legal
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title or beneficial title in equity to any person, except if any
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of the following apply:
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1. Subsequent to the change or transfer, the same person
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is entitled to the homestead exemption as was previously
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entitled and:
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a. The transfer of title is to correct an error;
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b. The transfer is between legal and equitable title or
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equitable and equitable title and no additional person applies
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for a homestead exemption on the property;
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c. The change or transfer is by means of an instrument in
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which the owner is listed as both grantor and grantee of the
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real property and one or more other individuals are additionally
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named as grantee. However, if any individual who is additionally
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named as a grantee applies for a homestead exemption on the
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property, the application is considered a change of ownership;
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d. The change or transfer is by means of an instrument in
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which the owner entitled to the homestead exemption is listed as
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both grantor and grantee of the real property and one or more
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other individuals, all of whom held title as joint tenants with
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rights of survivorship with the owner, are named only as
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grantors and are removed from the title; or
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e. The person is a lessee entitled to the homestead
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exemption under s. 196.041(1);
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2. Legal or equitable title is changed or transferred
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between husband and wife, including a change or transfer to a
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surviving spouse or a transfer due to a dissolution of marriage;
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3. The transfer occurs by operation of law to the
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surviving spouse or minor child or children under s. 732.401;
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4. Upon the death of the owner, the transfer is between
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the owner and another who is a permanent resident and who is
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legally or naturally dependent upon the owner; or
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5. The transfer occurs with respect to a property where
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all of the following apply:
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a. Multiple owners hold title as joint tenants with rights
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of survivorship;
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b. One or more owners were entitled to and received the
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homestead exemption on the property;
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c. The death of one or more owners occurs; and
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d. Subsequent to the transfer, the surviving owner or
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owners previously entitled to and receiving the homestead
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exemption continue to be entitled to and receive the homestead
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exemption; or
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6. Upon the death of the owner, the transfer is between
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the owner and another who makes the property his or her
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homestead within 1 year.
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Section 2. This act shall take effect on the effective
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date of the amendment to the State Constitution proposed by HJR
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793 or a similar joint resolution having substantially the same
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specified intent and purpose, if such amendment to the State
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Constitution is approved at the next general election or at an
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earlier special election specifically authorized by law for that
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purpose.