The 2013 Regular Session of The Florida Legislature will convene Tuesday, March 5, 2013 here in Tallahassee. Here is a list of real-estate-related substantive legislative bills that have been filed for possible consideration during the Session. A link is provided to each bill in the list. A future posting will provide details about real-estate-related fiscal/appropriations legislation.
REAL ESTATE BROKERS AND SALESPERSONS
House Bill (HB) 481 – Leasing Agent: This bill creates new statutory definitions for “landlord” and “leasing agent,” and revises real estate licensure exemptions relating to landlords and leasing agents to require licensure. http://www.flsenate.gov/Session/Bill/2013/0481/BillText/Filed/PDF
ALIENS, NONCITIZENS; RIGHT TO OWN REAL ESTATE
Senate Bill (SB) 486 - Right to acquire and possess real property; proposing an amendment to the State Constitution to protect the rights of all persons to acquire and possess real property, etc. http://www.flsenate.gov/Session/Bill/2013/0486/BillText/Filed/PDF
House Joint Resolution (HJR) 367 - Proposes amendment to s. 2, Art. I of State Constitution to eliminate authority granted to Legislature by constitutional amendment that at time of adoption in 1926 allowed Legislature to regulate or eliminate real property rights of aliens ineligible for citizenship. As amended, State Constitution will state that all natural persons are equal before law & have inalienable right to acquire, possess, & protect property. http://www.flsenate.gov/Session/Bill/2013/0367/BillText/Filed/PDF
SB 182 - Homestead Exemption; authorizing a person to report to a local property appraiser a possible homestead exemption violation under certain circumstances; requiring that the tax collector pay a specified maximum reward to the reporting individual after the recovery of any back taxes, interest, or penalties; requiring associations for condominiums and cooperatives to provide a list of rented units to the property appraiser’s office, etc. http://www.flsenate.gov/Session/Bill/2013/0182/BillText/Filed/PDF
STORM DAMAGE REIMBURSEMENT
SB 246 & HB 43 - Assistance for Persons whose Primary Residences were Damaged by Tropical Storm Debby or Hurricane Isaac; providing for reimbursement of a portion of the ad valorem tax levied on a house or other residential building if the building was rendered uninhabitable due to Tropical Storm Debby or Hurricane Isaac; requiring that the property owner provide documentation that the property was uninhabitable; requiring each property appraiser to determine an applicant’s entitlement to reimbursement and the reimbursement amount; authorizing an applicant to file a petition with the value adjustment board if the application for reimbursement is not fully granted, etc. APPROPRIATION: $2,570,000
TAX DEED/AUCTION SALES
SB 556 – Specifying the bid process for tax deed sales at public auction; providing a procedure for the disbursement of proceeds from a tax deed sale if delinquent or current taxes are due. http://www.flsenate.gov/Session/Bill/2013/0556/BillText/Filed/PDF
HB 229 - Land Trusts; Revises provisions relating to vesting of ownership in trustee; revises rights, liabilities, & duties of land trust beneficiaries; provides exclusion & applicability; revises provisions relating to land trust transfers of real property & vesting of ownership in trustee, etc. http://www.flsenate.gov/Session/Bill/2013/0229/BillText/Filed/PDF
HB 371 – Mortgages; deficiency Judgments; Homestead Foreclosure Relief; provides that act’s provisions apply to homestead property mortgaged within certain time period; provides statute of limitations for entering deficiency judgment; limits period that lienholder can collect moneys owed; provides that collection time may be tolled if debtor commits fraud or if debtor is held in contempt of court. http://www.flsenate.gov/Session/Bill/2013/0371/BillText/Filed/PDF
SB 516 & HB 169 – Residential Tenancies; Requiring the owner of a residential property that is in foreclosure proceedings or for which mortgage payments are in arrears for a specified period to provide notice to tenants within a specified period; prohibiting a person from knowingly leasing such residential property unless the tenant signs a notarized statement containing certain waivers, etc. http://www.flsenate.gov/Session/Bill/2013/0516/BillText/Filed/PDF
HB 87 - Mortgage Foreclosures; Revises limitations period for commencing action to enforce claim of deficiency judgment after foreclosure action; provides for applicability to existing causes of action; specifies required contents of complaint seeking to foreclose on certain types of residential properties; authorizes sanctions against plaintiffs who fail to comply with complaint requirements; requires court to treat collateral attack on final judgment of foreclosure on mortgage as claim for monetary damages; prohibits court from granting certain relief affecting title to foreclosed property, etc. http://www.flsenate.gov/Session/Bill/2013/0087/BillText/Filed/PDF
HB 421 – Delinquent Real Property Taxes; Revises interest rate applicable to delinquent real property taxes. http://www.flsenate.gov/Session/Bill/2013/0421/BillText/Filed/PDF
SB 354 & HB 531 – Ad Valorem Tax Exemptions; Providing that certain leasehold interests and improvements to land owned by the United States, a branch of the United States Armed Forces, or any agency or quasi-governmental agency of the United States are exempt from ad valorem taxation under specified circumstances; providing that such leasehold interests and improvements are entitled to an exemption from ad valorem taxation without an application being filed for the exemption or the property appraiser approving the exemption, etc.
Homestead Property/Millage/Property Tax Assessments
HB 277 – Assessment of residential & nonhomestead real property; excludes value of certain installations, changes, or improvements made after specified date from assessed value of residential real property; requires filing of applications by specified times in order for installations, changes, or improvements to be excluded from assessed value of residential real property; requires nonrefundable filing fee for petition to value adjustment board; specifies additional exceptions to assessment of homestead property at just value; specifies additional exceptions to assessment of nonhomestead property at just value; deletes definition of terms “renewable energy source device” & “device”; repeals provisions relating to property tax exemption for renewable energy source devices; provides for applicability. http://www.flsenate.gov/Session/Bill/2013/0277/BillText/Filed/PDF
Rental of Homestead
SB 342 & HB 279 - Rental of homestead property; revising criteria under which rental of homestead property is allowed for tax exemption purposes and not considered abandoned, etc.
Transient Rental Taxes
HB 505 - Streamlined Sales and Use Tax Agreement; revises definitions; specifies certain facilities that are exempt from transient rentals tax, etc. http://www.flsenate.gov/Session/Bill/2013/0505/BillText/Filed/PDF
SB 336 & HB 555 – Tourist Development Tax; Clarifies that the proceeds of the tax may be used for the benefit of certain museums or aquariums.
Keller Williams Town & Country Realty