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Home Source documents PCS for CS/HB 1259 — Act Relating to Property Tax Benefits for Residential Properties (2025)

PCS for CS/HB 1259 — Act Relating to Property Tax Benefits for Residential Properties (2025)

Summary

PCS for CS/HB 1259 2025 is a bill to be entitled an act relating to property tax benefits for residential properties. Section 1 creates a section on assessment of residential property subject to a long-term lease, limiting any change in assessment to the lower of three percent of the prior year's assessed value or the percentage change in the Consumer Price Index for All Urban Consumers. The bill also creates a first-time Florida homesteader additional homestead exemption and lets the Department of Revenue adopt emergency rules. Its effective date is tied to the effective date of the State Constitution amendment proposed by HJR 1257 or a similar joint resolution.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“PCS for CS/HB 1259 — Act Relating to Property Tax Benefits for Residential Properties (2025).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-3285-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-da77febb57/, SHA-256 65778904438b841f8d018aa82b50768c34be2ac189796ac19ba62375f7c75b44.

Full text

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           PCS for CS/HB 1259                                                                                   2025




    1                                         A bill to be entitled
    2              An act relating to property tax benefits for
    3              residential properties; creating s. 193.1553, F.S.;
    4              providing that property that receives a certain tax
    5              exemption shall be assessed in a specified manner;
    6              providing that changes, additions, and improvements to
    7              such property shall be assessed in a specified manner;
    8              providing exceptions and alternative assessments;
    9              providing construction; 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; creating 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; creating s. 196.078, F.S.; providing a
22                 definition; providing a first-time Florida homesteader
23                 with an additional homestead exemption; providing for
24                 calculation of the exemption; providing for the
25                 applicability period of the exemption; providing for

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        PCS for CS/HB 1259                                                                                   2025




26              an annual reduction in the exemption during the
27              applicability period; providing application
28              procedures; amending ss. 193.1554 and 194.032, F.S.;
29              conforming provisions to changes made by the act;
30              authorizing the Department of Revenue to adopt
31              emergency rules; providing a contingent effective
32              date.
33
34      Be It Enacted by the Legislature of the State of Florida:
35
36              Section 1.          Section 193.1553, Florida Statutes, is created
37      to read:
38              193.1553          Assessment of certain residential property
39      subject to a long-term lease.—
40              (1)       Property that receives the exemption under s. 196.034
41      shall be assessed under this section.
42              (2)       Except as provided in subsection (4), property that
43      meets the conditions of subsection (1) shall be assessed
44      pursuant to this section as of January 1 of any year for which
45      the property is eligible for assessment under this section,
46      using the prior year's assessed value as the basis for any
47      change in assessment. Any change resulting from such assessment
48      shall not exceed the lower of the following:
49              (a)       Three percent of the assessed value of the property
50      for the prior year; or

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        PCS for CS/HB 1259                                                                                   2025




51              (b)       The percentage change in the Consumer Price Index for
52      All Urban Consumers, U.S. City Average, all items 1967=100, or
53      successor reports for the preceding calendar year as initially
54      reported by the United States Department of Labor, Bureau of
55      Labor Statistics.
56              (3)       If the assessed value of the property as calculated
57      under subsection (2) exceeds the just value, the assessed value
58      of the property shall be lowered to the just value of the
59      property.
60              (4)       Property assessed under this section shall be assessed
61      at just value as of January 1 of the year following a change of
62      ownership, or as of January 1 of the year following abandonment
63      of homestead on a property that becomes eligible for assessment
64      under this section, but no sooner than the January 1 following
65      the certification to the property appraiser required by s.
66      193.155(8)(i)2. Thereafter, the annual changes in the assessed
67      value of the property are subject to the limitations in
68      subsections (2) and (3). For purposes of this subsection, the
69      term "change of ownership" means any sale, foreclosure, or
70      transfer of legal title or beneficial title in equity to any
71      person, except if any of the provisions of s. 193.155(3)(a)
72      apply.
73              (5)(a)       Except as provided in paragraph (b) and s. 193.624,
74      changes, additions, or improvements to property subject to this
75      section shall be assessed at just value as of the first January

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         PCS for CS/HB 1259                                                                                   2025




76       1 after the changes, additions, or improvements are
77       substantially completed.
78               (b)1.        Changes, additions, or improvements that replace all
79       or a portion of property assessed under this section, including
80       ancillary improvements, that are damaged or destroyed by
81       misfortune or calamity shall be assessed upon substantial
82       completion as provided in this paragraph. Such assessment must
83       be calculated using the property's assessed value as of the
84       January 1 immediately before the date on which the damage or
85       destruction was sustained, subject to the assessment limitations
86       in subsections (2) and (3), when:
87               a.      The square footage of the property as changed or
88       improved does not exceed 110 percent of the square footage of
89       the property before the damage or destruction; or
90               b.      The total square footage of the property as changed or
91       improved does not exceed 1,500 square feet.
92               2.      The property's assessed value must be increased by the
93       just value of that portion of the changed or improved property
94       which is in excess of 110 percent of the square footage of the
95       property before the damage or destruction or of that portion
96       exceeding 1,500 square feet.
97               3.      Property damaged or destroyed by misfortune or calamity
98       which, after being changed or improved, has a square footage of
99       less than 100 percent of the property's total square footage
100      before the damage or destruction shall be assessed pursuant to

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         PCS for CS/HB 1259                                                                                   2025




101      subsection (6).
102              4.      Changes, additions, or improvements assessed pursuant
103      to this paragraph must be reassessed pursuant to subsection (2)
104      in subsequent years. This paragraph applies to changes,
105      additions, or improvements commenced within 5 years after the
106      January 1 following the damage or destruction of the property.
107              (c)       Changes, additions, or improvements include
108      improvements made to common areas or other improvements made to
109      property other than to the property by the owner or by an owner
110      association, which improvements directly benefit the property.
111      Such changes, additions, or improvements shall be assessed at
112      just value, and the just value shall be apportioned among the
113      parcels benefiting from the improvement.
114              (6)       When property is destroyed or removed and not
115      replaced, the assessed value of the parcel shall be reduced by
116      the assessed value attributable to the destroyed or removed
117      property.
118              (7)       Only property that meets the conditions of subsection
119      (1) is subject to this section. Any portion of property that is
120      assessed solely on the basis of character or use pursuant to s.
121      193.461 or s. 193.501, or assessed pursuant to s. 193.505, is
122      not subject to this section.
123              (8)(a)       If, after meeting the conditions of subsection (1)
124      and receiving the benefit of the assessment limitation in
125      subsections (2) and (3), the property does not meet the

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         PCS for CS/HB 1259                                                                                   2025




126      conditions of subsection (1) on January 1 of any subsequent
127      year, the property shall instead be assessed pursuant to s.
128      193.155(1) and (2), or s. 193.1554(3) and (4), as applicable,
129      beginning with such year.
130              1.      Any change in assessment in the first year the property
131      is assessed pursuant to s. 193.1554 shall use the most recent
132      year's assessed value under this section as the basis for
133      adjustment, and may not revert to just value, unless the
134      property experiences a change of ownership or control as
135      provided in s. 193.1554.
136              2.      Any change in assessment in the first year the property
137      is assessed pursuant to s. 193.155 shall use the just value of
138      the property, as adjusted pursuant to s. 193.155(8), if
139      applicable.
140              (b)1.        If the property meets the conditions of subsection
141      (1) on January 1 of a subsequent year, this section shall apply
142      beginning with such year, and the application of the limitation
143      in subsection (2) shall use the most recent year's assessed
144      value as the basis for adjustment if the property was assessed
145      in the most recent year pursuant to s. 193.1554.
146              2.      If the property meets the conditions of subsection (1)
147      on January 1 of a subsequent year and the property was assessed
148      as the homestead of the owner in the prior year pursuant to s.
149      193.155, then the application of the limitation in subsection
150      (2) shall use the just value of the property, rather than the

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         PCS for CS/HB 1259                                                                                   2025




151      prior year's assessment, for the first year's assessment
152      limitation in subsection (2). A property that was abandoned as a
153      homestead is only eligible under this section if the property
154      appraiser in the county in which the abandoned homestead
155      property is located provides the certification to the property
156      appraiser in the county in which the new homestead is located as
157      required by s. 193.155(8)(i)2., stating that the property has
158      been or will be reassessed at just value.
159              (9)(a)        Erroneous assessments of property assessed under
160      this section may be corrected in the following manner:
161              (a) If errors are made in arriving at any assessment under
162      this section due to a material mistake of fact concerning an
163      essential characteristic of the property, the just value and
164      assessed value must be recalculated for every such year,
165      including the year in which the mistake occurred.
166              (b) If changes, additions, or improvements are not assessed
167      at just value as of the first January 1 after they were
168      substantially completed, the property appraiser shall determine
169      the just value for such changes, additions, or improvements for
170      the year they were substantially completed. Assessments for
171      subsequent years shall be corrected, applying this section if
172      applicable.
173              (c)       When a person entitled to exemption pursuant to s.
174      196.034 inadvertently receives the limitation pursuant to this
175      section following a change of ownership, the assessment of such

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         PCS for CS/HB 1259                                                                                   2025




176      property must be corrected as provided in paragraph (9)(a), and
177      the person need not pay the unpaid taxes, penalties, or
178      interest.
179              (d) If the property appraiser improperly grants the
180      property assessment limitation as a result of a clerical mistake
181      or an omission, the person or entity improperly receiving the
182      property assessment limitation may not be assessed a penalty or
183      interest. Back taxes shall apply only as follows:
184              1. If the person who received the limitation as a result of
185      a clerical mistake or omission voluntarily discloses to the
186      property appraiser that he or she was not entitled to the
187      limitation before the property appraiser notifies the owner of
188      the mistake or omission, no back taxes shall be due.
189              2. If the person who received the limitation as a result of
190      a clerical mistake or omission does not voluntarily disclose to
191      the property appraiser that he or she was not entitled to the
192      limitation before the property appraiser notifies the owner of
193      the mistake or omission, back taxes shall be due for any year or
194      years that the owner was not entitled to the limitation within
195      the 5 years before the property appraiser notified the owner of
196      the mistake or omission.
197              (e)       If back taxes are due pursuant to s. 193.092, the
198      corrections made pursuant to this subsection shall be used to
199      calculate such back taxes.
200              (10)(a) If the property appraiser determines that for any

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         PCS for CS/HB 1259                                                                                   2025




201      year or years within the prior 10 years a person was granted a
202      limitation under this section due to an application that was
203      fraudulent at the time the application was submitted to the
204      property appraiser’s office, the property appraiser shall remove
205      all assessment limitations and exemptions under s. 196.034 on
206      the property for the year such fraud occurred and assess the
207      property for that year at just value, then recalculate the value
208      for all subsequent years using applicable limitations and
209      exemptions.          The owner shall be liable for back taxes for the
210      year the fraud occurred and all subsequent years through the
211      current year, a penalty of 100 percent of the unpaid taxes for
212      each year, and 15 percent interest per annum.
213              (b) The property appraiser shall serve upon an owner that
214      owes back taxes under this subsection a notice of intent to
215      record in the public records of the county a notice of tax lien
216      against any property owned by that person in the county, and
217      such property must be identified in the notice of tax lien. The
218      property appraiser must include with such notice information
219      explaining why the owner is not entitled to the limitation, the
220      years for which unpaid taxes are due, and the manner in which
221      unpaid taxes have been calculated. Before a lien may be filed,
222      the person or entity so notified must be given 30 days to pay
223      the taxes.
224              Section 2.         Paragraph (b) of subsection (1) of section
225      196.011, Florida Statutes, is amended, and subsection (14) is

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         PCS for CS/HB 1259                                                                                   2025




226      added to that section, to read:
227              196.011       Annual application required for exemption.—
228              (1)
229              (b)       The form to apply for an exemption under s. 196.031,
230      s. 196.034, s. 196.078, s. 196.081, s. 196.091, s. 196.101, s.
231      196.102, s. 196.173, or s. 196.202 must include a space for the
232      applicant to list the social security number of the applicant
233      and of the applicant's spouse, if any. If an applicant files a
234      timely and otherwise complete application, and omits the
235      required social security numbers, the application is incomplete.
236      In that event, the property appraiser shall contact the
237      applicant, who may refile a complete application by April 1.
238      Failure to file a complete application by that date constitutes
239      a waiver of the exemption privilege for that year, except as
240      provided in subsection (7) or subsection (9).
241              (14)        Notwithstanding paragraphs (7)(a) and (10)(a), an
242      applicant who is eligible to receive an exemption under s.
243      196.034 must file an application each year by March 1. Such
244      application must include the address of the property at which
245      the owner currently receives a homestead exemption, and an
246      executed copy of the lease for the property to be exempted under
247      s. 196.034.
248              Section 3.         Section 196.034, Florida Statutes, is created
249      to read:
250              196.034       Exemption of certain residential property subject

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         PCS for CS/HB 1259                                                                                   2025




251      to a long-term lease.—
252              (1)(a)       Property that meets the following conditions is
253      entitled to an exemption from all taxation up to the assessed
254      valuation of $25,000:
255              1.      The owner of the property holds the legal or equitable
256      title to a separate parcel that receives the exemption under s.
257      196.031 and such parcel is his or her permanent residence.
258              2.      The property is owned through sole ownership or joint
259      ownership with a spouse, or indirectly through a limited
260      liability company that holds legal or equitable title to such
261      real estate if such limited liability company is owned solely or
262      jointly with a spouse.
263              3.      As of January 1 of the taxable year, the property is
264      rented by the owner to one or more natural persons for
265      residential use under a bona fide written lease that has a
266      continuous duration of 6 months or more and, by the terms of the
267      lease, may not be subleased during the rental period.
268              4.      The entire parcel of property would otherwise qualify
269      for a homestead exemption under to s. 196.031 if the property
270      were the owner's permanent residence.
271              5.      The property is classified under s. 195.073(1)(a)1.,
272      2., or 4.
273              6.      The lessee of the property is not married to the owner
274      of the property.
275              (b)       Every property that qualifies to receive the exemption

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         PCS for CS/HB 1259                                                                                   2025




276      provided in paragraph (a) is entitled to an additional exemption
277      of up to $25,000 on the assessed valuation greater than $50,000
278      for all levies other than school district levies.
279              (c)       Any property that does not meet the conditions of
280      paragraph (a) for a given year may not receive the benefits
281      provided in paragraphs (a) and (b) for such year unless
282      subsection (2) applies, but the property may receive the
283      benefits in paragraphs (a) and (b) in any future year for which
284      all conditions in paragraph (a) are met.
285              (2)       For purposes of this section, when property exempted
286      under this section is damaged or destroyed by misfortune or
287      calamity and the property is uninhabitable on the January 1
288      after the damage or destruction occurs, the property shall be
289      considered to be subject to a long-term lease on January 1 and
290      an existing exemption under this section shall continue if the
291      property is otherwise qualified and if the property owner
292      notifies the property appraiser that he or she intends to repair
293      or rebuild the property and the existing or another lessee will
294      resume residency after the property is repaired or rebuilt.
295      Failure by the property owner to commence the repair or
296      rebuilding of the property within 5 years after the January 1
297      following the property's damage or destruction constitutes
298      abandonment of the property as exempt under this section. After
299      the 5-year period, the expiration, lapse, nonrenewal, or
300      revocation of a building permit issued to the property owner for

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         PCS for CS/HB 1259                                                                                   2025




301      such repairs or rebuilding also constitutes abandonment of the
302      property under this section.
303              Section 4.         Section 196.078, Florida Statutes, is created
304      to read:
305              196.078       Additional homestead exemption for a first-time
306      Florida homesteader.—
307              (1)       As used in this section, the term "first-time Florida
308      homesteader" means a person who establishes the right to receive
309      the homestead exemption provided in s. 196.031 within 1 year
310      after purchasing the homestead property and who has not owned
311      property in the 4 calendar years prior to such purchase to which
312      the homestead exemption provided in s. 196.031(1)(a) applied.
313              (2)       For purposes of this section, the date on which the
314      deed or other transfer instrument was signed and notarized or
315      otherwise executed shall be considered the date a property was
316      purchased.
317              (3)       Every first-time Florida homesteader is entitled to an
318      additional homestead exemption in an amount equal to 50 percent
319      of the homestead property's just value on January 1 of the year
320      the homestead is established, for all levies other than school
321      district levies. The additional exemption may not exceed the
322      median just value for homestead property in the county where the
323      property at issue is located in the calendar year immediately
324      preceding January 1 of the year the homestead is established.
325      The additional exemption applies for a period of 5 years or

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         PCS for CS/HB 1259                                                                                   2025




326      until the year the property is sold, whichever occurs first. The
327      amount of the additional exemption shall be reduced in each
328      subsequent year by an amount equal to 20 percent of the amount
329      of the additional exemption received in the year the homestead
330      was established. Not more than one exemption provided under this
331      subsection is allowed per homestead property. The additional
332      exemption applies to property purchased on or after January 1,
333      2027, but is not available in the sixth and subsequent years
334      after the additional exemption is first received.
335              (4)       The property appraiser shall require a first-time
336      Florida homesteader claiming an exemption under this section to
337      submit, not later than March 1 on a form prescribed by the
338      Department of Revenue, a sworn statement attesting that the
339      taxpayer, and each other person who holds legal or equitable
340      title to the property, has not owned property in the 4 calendar
341      years prior to such purchase to which the homestead exemption
342      provided by s. 196.031(1)(a) applied. In order for the exemption
343      to be retained upon the addition of another person to the title
344      to the property, the person added must also submit, not later
345      than the subsequent March 1 on a form prescribed by the
346      department, a sworn statement attesting that he or she has not
347      owned property in the 4 calendar years prior to being added to
348      the title to which the homestead exemption provided by s.
349      196.031(1)(a) applied.
350              (5)       Sections 196.131, 196.151, and 196.161 apply to the

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         PCS for CS/HB 1259                                                                                   2025




351      exemption provided in this section.
352              Section 5.         Subsection (1) of section 193.1554, Florida
353      Statutes, is amended to read:
354              193.1554          Assessment of nonhomestead residential property.—
355              (1)       As used in this section, the term "nonhomestead
356      residential property" means residential real property that
357      contains nine or fewer dwelling units, including vacant property
358      zoned and platted for residential use, and that does not receive
359      the exemption under s. 196.031 or s. 196.034.
360              Section 6.         Paragraph (a) of subsection (1) of section
361      194.032, Florida Statutes, is amended to read:
362              194.032       Hearing purposes; timetable.—
363              (1)(a)       The value adjustment board shall meet not earlier
364      than 30 days and not later than 60 days after the mailing of the
365      notice provided in s. 194.011(1); however, no board hearing
366      shall be held before approval of all or any part of the
367      assessment rolls by the Department of Revenue. The board shall
368      meet for the following purposes:
369              1.      Hearing petitions relating to assessments filed
370      pursuant to s. 194.011(3).
371              2.      Hearing complaints relating to homestead exemptions as
372      provided for under s. 196.151.
373              3.      Hearing appeals from exemptions denied, or disputes
374      arising from exemptions granted, upon the filing of exemption
375      applications under s. 196.011.

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         PCS for CS/HB 1259                                                                                   2025




376              4.      Hearing appeals concerning ad valorem tax deferrals and
377      classifications.
378              5.      Hearing appeals from determinations that a change of
379      ownership under s. 193.155(3), a change of ownership or control
380      under s. 193.1553(4), s. 193.1554(5), or s. 193.1555(5), or a
381      qualifying improvement under s. 193.1555(5) has occurred.
382              Section 7.         (1)     The Department of Revenue may, and all
383      conditions are deemed met to, adopt emergency rules pursuant to
384      s. 120.54(4), Florida Statutes, for the purpose of implementing
385      ss. 193.1553, 196.034, and 196.078, Florida Statutes, as created
386      by this act. Notwithstanding any other law, emergency rules
387      adopted pursuant to this section are effective for 6 months
388      after adoption and may be renewed during the pendency of
389      procedures to adopt permanent rules addressing the subject of
390      the emergency rules.
391              (2)       This section shall take effect the day after the
392      Department of State certifies, pursuant to s. 102.112, the
393      approval of the amendment to the State Constitution proposed by
394      HJR 1257 or a similar joint resolution having substantially the
395      same specific intent and purpose, if such amendment is approved
396      at the next general election, and shall expire July 1, 2029.
397              Section 8.         Except as otherwise provided, this act shall
398      take effect on the effective date of the amendment to the State
399      Constitution proposed by HJR 1257 or a similar joint resolution
400      having substantially the same specific intent and purpose, if

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         PCS for CS/HB 1259                                                                                   2025




401      such amendment is approved at the next general election.




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