Bill easing title transfers sparks debate over 'family'
TALLAHASSEE - A bill that would allow homeowners to add anyone to a property's title without being reassessed for property taxes spurred debate on the Senate floor Thursday morning over whether the proposal would make it easier for gay couples to transfer property to one another.
The bill (SB 264) is sponsored by Sen. Mike Fasano, a conservative Christian Republican from New Port Richey.
Under current Florida law, increases in the taxable value of a home with a homestead exemption are "capped" annually unless the home is sold or comes under new ownership. The cap also extends to property transferred between a husband and wife, or, upon the death of the owner, to a resident who was dependent on the owner.
Fasano said he sponsored the bill because of an incident in Pasco County where an elderly woman put her son's name on the deed of her home, causing the property appraiser to reassess it at a much higher value because the son lives in another state.
He said the bill would allow families to avoid probate costs and allow them to share the benefits of the "Save Our Homes" tax cap.
But Sen. Evelyn Lynn said the bill lacked any information about who owners could transfer the property to and therefore owners could transfer property to virtually anyone without having to pay higher taxes, which she said could cost cities and counties millions of tax dollars.
She proposed that the bill be amended to specify that the property must be transferred to "a family member," causing a discussion about what constitutes a "family."
Many senior citizens live together without marrying because they would lose Social Security income, several senators argued.
And Sen. Durrell Peaden, R-Crestview, asked, "Is this about same sex unions?"
"In the state of Florida, I think we know very well who family is and who families are.... So if this opens it up to what you're talking about or to seniors, then perhaps it does," responded Lynn, R-Ormond Beach. "I am trying to be specific."
Fasano said his bill is "not addressing" the issue of transferring property between gay couples and that he did not see a need to ensure they are excluded.
"I have no problem with anybody adding another person's name onto the homestead to avoid probate," he said.
Lynn's amendment was defeated. The Senate could vote on the bill next week.
Find this article at:
http://www.palmbeachpost.com/state/content/state/epaper/2006/03/10/a21a_xgr_deeds_0310.html
The bill (SB 264) is sponsored by Sen. Mike Fasano, a conservative Christian Republican from New Port Richey.
Under current Florida law, increases in the taxable value of a home with a homestead exemption are "capped" annually unless the home is sold or comes under new ownership. The cap also extends to property transferred between a husband and wife, or, upon the death of the owner, to a resident who was dependent on the owner.
Fasano said he sponsored the bill because of an incident in Pasco County where an elderly woman put her son's name on the deed of her home, causing the property appraiser to reassess it at a much higher value because the son lives in another state.
He said the bill would allow families to avoid probate costs and allow them to share the benefits of the "Save Our Homes" tax cap.
But Sen. Evelyn Lynn said the bill lacked any information about who owners could transfer the property to and therefore owners could transfer property to virtually anyone without having to pay higher taxes, which she said could cost cities and counties millions of tax dollars.
She proposed that the bill be amended to specify that the property must be transferred to "a family member," causing a discussion about what constitutes a "family."
Many senior citizens live together without marrying because they would lose Social Security income, several senators argued.
And Sen. Durrell Peaden, R-Crestview, asked, "Is this about same sex unions?"
"In the state of Florida, I think we know very well who family is and who families are.... So if this opens it up to what you're talking about or to seniors, then perhaps it does," responded Lynn, R-Ormond Beach. "I am trying to be specific."
Fasano said his bill is "not addressing" the issue of transferring property between gay couples and that he did not see a need to ensure they are excluded.
"I have no problem with anybody adding another person's name onto the homestead to avoid probate," he said.
Lynn's amendment was defeated. The Senate could vote on the bill next week.
Find this article at:
http://www.palmbeachpost.com/state/content/state/epaper/2006/03/10/a21a_xgr_deeds_0310.html
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