Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SJR 658
       
       
       
       
       
       
                                Barcode 271546                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/03/2011 05:36 PM       .                                
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       Senator Fasano moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the resolving clause
    4  and insert:
    5         That the following amendments to Sections 4 and 6 of
    6  Article VII and Section 27 of Article XII and the creation of
    7  Sections 32 and 33 of Article XII of the State Constitution are
    8  agreed to and shall be submitted to the electors of this state
    9  for approval or rejection at the next general election or at an
   10  earlier special election specifically authorized by law for that
   11  purpose:
   12                             ARTICLE VII                           
   13                        FINANCE AND TAXATION                       
   14         SECTION 4. Taxation; assessments.—By general law
   15  regulations shall be prescribed which shall secure a just
   16  valuation of all property for ad valorem taxation, provided:
   17         (a) Agricultural land, land producing high water recharge
   18  to Florida’s aquifers, or land used exclusively for
   19  noncommercial recreational purposes may be classified by general
   20  law and assessed solely on the basis of character or use.
   21         (b) As provided by general law and subject to conditions,
   22  limitations, and reasonable definitions specified therein, land
   23  used for conservation purposes shall be classified by general
   24  law and assessed solely on the basis of character or use.
   25         (c) Pursuant to general law tangible personal property held
   26  for sale as stock in trade and livestock may be valued for
   27  taxation at a specified percentage of its value, may be
   28  classified for tax purposes, or may be exempted from taxation.
   29         (d) All persons entitled to a homestead exemption under
   30  Section 6 of this Article shall have their homestead assessed at
   31  just value as of January 1 of the year following the effective
   32  date of this amendment. This assessment shall change only as
   33  provided in this subsection.
   34         (1) Assessments subject to this subsection shall change be
   35  changed annually on January 1 1st of each year.; but those
   36  changes in assessments
   37         a. A change in an assessment may shall not exceed the lower
   38  of the following:
   39         1.a. Three percent (3%) of the assessment for the prior
   40  year.
   41         2.b. The percent change in the Consumer Price Index for all
   42  urban consumers, U.S. City Average, all items 1967=100, or a
   43  successor index reports for the preceding calendar year as
   44  initially reported by the United States Department of Labor,
   45  Bureau of Labor Statistics.
   46         b. The legislature may provide by general law that, except
   47  for changes, additions, reductions, or improvements to homestead
   48  property assessed as provided in paragraph (5), an assessment
   49  may not increase if the just value of the property is less than
   50  the just value of the property on the preceding January 1.
   51         (2) An No assessment may not shall exceed just value.
   52         (3) After a any change of ownership, as provided by general
   53  law, homestead property shall be assessed at just value as of
   54  January 1 of the following year, unless the provisions of
   55  paragraph (8) apply. Thereafter, the homestead shall be assessed
   56  as provided in this subsection.
   57         (4) New homestead property shall be assessed at just value
   58  as of January 1 1st of the year following the establishment of
   59  the homestead, unless the provisions of paragraph (8) apply.
   60  That assessment shall only change only as provided in this
   61  subsection.
   62         (5) Changes, additions, reductions, or improvements to
   63  homestead property shall be assessed as provided for by general
   64  law.; provided, However, after the adjustment for any change,
   65  addition, reduction, or improvement, the property shall be
   66  assessed as provided in this subsection.
   67         (6) In the event of a termination of homestead status, the
   68  property shall be assessed as provided by general law.
   69         (7) The provisions of this subsection amendment are
   70  severable. If a provision any of the provisions of this
   71  subsection is amendment shall be held unconstitutional by a any
   72  court of competent jurisdiction, the decision of the such court
   73  does shall not affect or impair any remaining provisions of this
   74  subsection amendment.
   75         (8)a. A person who establishes a new homestead as of
   76  January 1, 2009, or January 1 of any subsequent year and who has
   77  received a homestead exemption pursuant to Section 6 of this
   78  Article as of January 1 of either of the 2 two years immediately
   79  preceding the establishment of a the new homestead is entitled
   80  to have the new homestead assessed at less than just value. If
   81  this revision is approved in January of 2008, a person who
   82  establishes a new homestead as of January 1, 2008, is entitled
   83  to have the new homestead assessed at less than just value only
   84  if that person received a homestead exemption on January 1,
   85  2007. The assessed value of the newly established homestead
   86  shall be determined as follows:
   87         1. If the just value of the new homestead is greater than
   88  or equal to the just value of the prior homestead as of January
   89  1 of the year in which the prior homestead was abandoned, the
   90  assessed value of the new homestead shall be the just value of
   91  the new homestead minus an amount equal to the lesser of
   92  $500,000 or the difference between the just value and the
   93  assessed value of the prior homestead as of January 1 of the
   94  year in which the prior homestead was abandoned. Thereafter, the
   95  homestead shall be assessed as provided in this subsection.
   96         2. If the just value of the new homestead is less than the
   97  just value of the prior homestead as of January 1 of the year in
   98  which the prior homestead was abandoned, the assessed value of
   99  the new homestead shall be equal to the just value of the new
  100  homestead divided by the just value of the prior homestead and
  101  multiplied by the assessed value of the prior homestead.
  102  However, if the difference between the just value of the new
  103  homestead and the assessed value of the new homestead calculated
  104  pursuant to this sub-subparagraph is greater than $500,000, the
  105  assessed value of the new homestead shall be increased so that
  106  the difference between the just value and the assessed value
  107  equals $500,000. Thereafter, the homestead shall be assessed as
  108  provided in this subsection.
  109         b. By general law and subject to conditions specified
  110  therein, the legislature shall provide for application of this
  111  paragraph to property owned by more than one person.
  112         (e) The legislature may, by general law, for assessment
  113  purposes and subject to the provisions of this subsection, allow
  114  counties and municipalities to authorize by ordinance that
  115  historic property may be assessed solely on the basis of
  116  character or use. Such character or use assessment shall apply
  117  only to the jurisdiction adopting the ordinance. The
  118  requirements for eligible properties must be specified by
  119  general law.
  120         (f) A county may, in the manner prescribed by general law,
  121  provide for a reduction in the assessed value of homestead
  122  property to the extent of any increase in the assessed value of
  123  that property which results from the construction or
  124  reconstruction of the property for the purpose of providing
  125  living quarters for one or more natural or adoptive grandparents
  126  or parents of the owner of the property or of the owner’s spouse
  127  if at least one of the grandparents or parents for whom the
  128  living quarters are provided is 62 years of age or older. Such a
  129  reduction may not exceed the lesser of the following:
  130         (1) The increase in assessed value resulting from
  131  construction or reconstruction of the property.
  132         (2) Twenty percent of the total assessed value of the
  133  property as improved.
  134         (g) For all levies other than school district levies,
  135  assessments of residential real property, as defined by general
  136  law, which contains nine units or fewer and which is not subject
  137  to the assessment limitations set forth in subsections (a)
  138  through (d) shall change only as provided in this subsection.
  139         (1) Assessments subject to this subsection shall be changed
  140  annually on the date of assessment provided by law. However,;
  141  but those changes in assessments may shall not exceed 5 ten
  142  percent (10%) of the assessment for the prior year. The
  143  legislature may provide by general law that, except for changes,
  144  additions, reductions, or improvements to property assessed as
  145  provided in paragraph (4), an assessment may not increase if the
  146  just value of the property is less than the just value of the
  147  property on the preceding date of assessment provided by law.
  148         (2) An No assessment may not shall exceed just value.
  149         (3) After a change of ownership or control, as defined by
  150  general law, including any change of ownership of a legal entity
  151  that owns the property, such property shall be assessed at just
  152  value as of the next assessment date. Thereafter, such property
  153  shall be assessed as provided in this subsection.
  154         (4) Changes, additions, reductions, or improvements to such
  155  property shall be assessed as provided for by general law.;
  156  However, after the adjustment for any change, addition,
  157  reduction, or improvement, the property shall be assessed as
  158  provided in this subsection.
  159         (h) For all levies other than school district levies,
  160  assessments of real property that is not subject to the
  161  assessment limitations set forth in subsections (a) through (d)
  162  and (g) shall change only as provided in this subsection.
  163         (1) Assessments subject to this subsection shall be changed
  164  annually on the date of assessment provided by law. However,;
  165  but those changes in assessments may shall not exceed 5 ten
  166  percent (10%) of the assessment for the prior year. The
  167  legislature may provide by general law that, except for changes,
  168  additions, reductions, or improvements to property assessed as
  169  provided in paragraph (5), an assessment may not increase if the
  170  just value of the property is less than the just value of the
  171  property on the preceding date of assessment provided by law.
  172         (2) An No assessment may not shall exceed just value.
  173         (3) The legislature must provide that such property shall
  174  be assessed at just value as of the next assessment date after a
  175  qualifying improvement, as defined by general law, is made to
  176  such property. Thereafter, such property shall be assessed as
  177  provided in this subsection.
  178         (4) The legislature may provide that such property shall be
  179  assessed at just value as of the next assessment date after a
  180  change of ownership or control, as defined by general law,
  181  including any change of ownership of the legal entity that owns
  182  the property. Thereafter, such property shall be assessed as
  183  provided in this subsection.
  184         (5) Changes, additions, reductions, or improvements to such
  185  property shall be assessed as provided for by general law.;
  186  However, after the adjustment for any change, addition,
  187  reduction, or improvement, the property shall be assessed as
  188  provided in this subsection.
  189         (i) The legislature, by general law and subject to
  190  conditions specified therein, may prohibit the consideration of
  191  the following in the determination of the assessed value of real
  192  property used for residential purposes:
  193         (1) Any change or improvement made for the purpose of
  194  improving the property’s resistance to wind damage.
  195         (2) The installation of a renewable energy source device.
  196         (j)(1) The assessment of the following working waterfront
  197  properties shall be based upon the current use of the property:
  198         a. Land used predominantly for commercial fishing purposes.
  199         b. Land that is accessible to the public and used for
  200  vessel launches into waters that are navigable.
  201         c. Marinas and drystacks that are open to the public.
  202         d. Water-dependent marine manufacturing facilities,
  203  commercial fishing facilities, and marine vessel construction
  204  and repair facilities and their support activities.
  205         (2) The assessment benefit provided by this subsection is
  206  subject to conditions and limitations and reasonable definitions
  207  as specified by the legislature by general law.
  208         SECTION 6. Homestead exemptions.—
  209         (a) Every person who has the legal or equitable title to
  210  real estate and maintains thereon the permanent residence of the
  211  owner, or another legally or naturally dependent upon the owner,
  212  shall be exempt from taxation thereon, except assessments for
  213  special benefits, up to the assessed valuation of $25,000
  214  twenty-five thousand dollars and, for all levies other than
  215  school district levies, on the assessed valuation greater than
  216  $50,000 fifty thousand dollars and up to $75,000 seventy-five
  217  thousand dollars, upon establishment of right thereto in the
  218  manner prescribed by law. The real estate may be held by legal
  219  or equitable title, by the entireties, jointly, in common, as a
  220  condominium, or indirectly by stock ownership or membership
  221  representing the owner’s or member’s proprietary interest in a
  222  corporation owning a fee or a leasehold initially in excess of
  223  98 ninety-eight years. The exemption shall not apply with
  224  respect to any assessment roll until such roll is first
  225  determined to be in compliance with the provisions of Section 4
  226  by a state agency designated by general law. This exemption is
  227  repealed on the effective date of any amendment to this Article
  228  which provides for the assessment of homestead property at less
  229  than just value.
  230         (b) Not more than one exemption shall be allowed any
  231  individual or family unit or with respect to any residential
  232  unit. No exemption shall exceed the value of the real estate
  233  assessable to the owner or, in case of ownership through stock
  234  or membership in a corporation, the value of the proportion
  235  which the interest in the corporation bears to the assessed
  236  value of the property.
  237         (c) By general law and subject to conditions specified
  238  therein, the legislature may provide to renters, who are
  239  permanent residents, ad valorem tax relief on all ad valorem tax
  240  levies. Such ad valorem tax relief shall be in the form and
  241  amount established by general law.
  242         (d) The legislature may, by general law, allow counties or
  243  municipalities, for the purpose of their respective tax levies
  244  and subject to the provisions of general law, to grant an
  245  additional homestead tax exemption not exceeding $50,000 fifty
  246  thousand dollars to any person who has the legal or equitable
  247  title to real estate and maintains thereon the permanent
  248  residence of the owner and who has attained age 65 sixty-five
  249  and whose household income, as defined by general law, does not
  250  exceed $20,000 twenty thousand dollars. The general law must
  251  allow counties and municipalities to grant this additional
  252  exemption, within the limits prescribed in this subsection, by
  253  ordinance adopted in the manner prescribed by general law, and
  254  must provide for the periodic adjustment of the income
  255  limitation prescribed in this subsection for changes in the cost
  256  of living.
  257         (e) Each veteran who is age 65 or older who is partially or
  258  totally permanently disabled shall receive a discount from the
  259  amount of the ad valorem tax otherwise owed on homestead
  260  property the veteran owns and resides in if the disability was
  261  combat related, the veteran was a resident of this state at the
  262  time of entering the military service of the United States, and
  263  the veteran was honorably discharged upon separation from
  264  military service. The discount shall be in a percentage equal to
  265  the percentage of the veteran’s permanent, service-connected
  266  disability as determined by the United States Department of
  267  Veterans Affairs. To qualify for the discount granted by this
  268  subsection, an applicant must submit to the county property
  269  appraiser, by March 1, proof of residency at the time of
  270  entering military service, an official letter from the United
  271  States Department of Veterans Affairs stating the percentage of
  272  the veteran’s service-connected disability and such evidence
  273  that reasonably identifies the disability as combat related, and
  274  a copy of the veteran’s honorable discharge. If the property
  275  appraiser denies the request for a discount, the appraiser must
  276  notify the applicant in writing of the reasons for the denial,
  277  and the veteran may reapply. The legislature may, by general
  278  law, waive the annual application requirement in subsequent
  279  years. This subsection shall take effect December 7, 2006, is
  280  self-executing, and does not require implementing legislation.
  281         (f) As provided by general law and subject to conditions
  282  specified therein, every person who establishes the right to
  283  receive the homestead exemption provided in subsection (a)
  284  within 1 year after purchasing the homestead property and who
  285  has not owned property in the previous 3 calendar years to which
  286  the homestead exemption provided in subsection (a) applied is
  287  entitled to an additional homestead exemption for all levies
  288  except school district levies. The additional exemption is an
  289  amount equal to 50 percent of the homestead property’s just
  290  value on January 1 of the year the homestead is established. The
  291  additional exemption may not exceed the median just value of all
  292  homestead property within the county where the property at issue
  293  is located for the calendar year immediately preceding January 1
  294  of the year the homestead is established. The additional
  295  exemption shall apply for a period of 5 years or until the year
  296  the property is sold, whichever occurs first. The amount of the
  297  additional exemption shall be reduced in each subsequent year by
  298  an amount equal to 20 percent of the amount of the additional
  299  exemption received in the year the homestead was established or
  300  by an amount equal to the difference between the just value of
  301  the property and the assessed value of the property determined
  302  under Section 4(d), whichever is greater. Not more than one
  303  exemption provided under this subsection shall be allowed per
  304  homestead property at one time. The additional exemption applies
  305  to property purchased on or after January 1, 2011, if this
  306  amendment is approved at a special election held on the date of
  307  the 2012 presidential preference primary, or to property
  308  purchased on or after January 1, 2012, if this amendment is
  309  approved at the 2012 general election, but the additional
  310  exemption is not available in the sixth and subsequent years
  311  after it is first received.
  312                             ARTICLE XII                           
  313                              SCHEDULE                             
  314         SECTION 27. Property tax exemptions and limitations on
  315  property tax assessments.—The amendments to Sections 3, 4, and 6
  316  of Article VII, providing a $25,000 exemption for tangible
  317  personal property, providing an additional $25,000 homestead
  318  exemption, authorizing transfer of the accrued benefit from the
  319  limitations on the assessment of homestead property, and this
  320  section, if submitted to the electors of this state for approval
  321  or rejection at a special election authorized by law to be held
  322  on January 29, 2008, shall take effect upon approval by the
  323  electors and shall operate retroactively to January 1, 2008, or,
  324  if submitted to the electors of this state for approval or
  325  rejection at the next general election, shall take effect
  326  January 1 of the year following such general election. The
  327  amendments to Section 4 of Article VII creating subsections (f)
  328  and (g) of that section, creating a limitation on annual
  329  assessment increases for specified real property, shall take
  330  effect upon approval of the electors and shall first limit
  331  assessments beginning January 1, 2009, if approved at a special
  332  election held on January 29, 2008, or shall first limit
  333  assessments beginning January 1, 2010, if approved at the
  334  general election held in November of 2008. Subsections (g) (f)
  335  and (h) (g) of Section 4 of Article VII, initially adopted as
  336  subsections (f) and (g), are repealed effective January 1, 2023
  337  2019; however, the legislature shall by joint resolution propose
  338  an amendment abrogating the repeal of subsections (g) (f) and
  339  (h) (g), which shall be submitted to the electors of this state
  340  for approval or rejection at the general election of 2022 2018
  341  and, if approved, shall take effect January 1, 2023 2019.
  342         SECTION 32. Property assessments.—This section and the
  343  amendment of Section 4 of Article VII addressing homestead and
  344  specified nonhomestead property having a declining just value
  345  and reducing the limit on the maximum annual increase in the
  346  assessed value of nonhomestead property, if submitted to the
  347  electors of this state for approval or rejection at a special
  348  election authorized by law to be held on the date of the 2012
  349  presidential preference primary, shall take effect upon approval
  350  by the electors and shall operate retroactively to January 1,
  351  2012, or, if submitted to the electors of this state for
  352  approval or rejection at the 2012 general election, shall take
  353  effect January 1, 2013.
  354         SECTION 33. Additional homestead exemption for owners of
  355  homestead property who recently have not owned homestead
  356  property.—This section and the amendment to Section 6 of Article
  357  VII providing for an additional homestead exemption for owners
  358  of homestead property who have not owned homestead property
  359  during the 3 calendar years immediately preceding purchase of
  360  the current homestead property, if submitted to the electors of
  361  this state for approval or rejection at a special election
  362  authorized by law to be held on the date of the 2012
  363  presidential preference primary, shall take effect upon approval
  364  by the electors and operate retroactively to January 1, 2012,
  365  and the additional homestead exemption shall be available for
  366  properties purchased on or after January 1, 2011, or if
  367  submitted to the electors of this state for approval or
  368  rejection at the 2012 general election, shall take effect
  369  January 1, 2013, and the additional homestead exemption shall be
  370  available for properties purchased on or after January 1, 2012.
  371         BE IT FURTHER RESOLVED that the following statement be
  372  placed on the ballot:
  373                      CONSTITUTIONAL AMENDMENT                     
  374                     ARTICLE VII, SECTIONS 4, 6                    
  375                  ARTICLE XII, SECTIONS 27, 32, 33                 
  376         PROPERTY TAX LIMITATIONS; PROPERTY VALUE DECLINE; REDUCTION
  377  FOR NONHOMESTEAD ASSESSMENT INCREASES; DELAY OF SCHEDULED
  378  REPEAL.—
  379         (1) This would amend Florida Constitution Article VII,
  380  Section 4 (Taxation; assessments) and Section 6 (Homestead
  381  exemptions). It also would amend Article XII, Section 27, and
  382  add Sections 32 and 33, relating to the Schedule for the
  383  amendments.
  384         (2) In certain circumstances, the law requires the assessed
  385  value of homestead and specified nonhomestead property to
  386  increase when the just value of the property decreases.
  387  Therefore, this amendment provides that the Legislature may, by
  388  general law, provide that the assessment of homestead and
  389  specified nonhomestead property may not increase if the just
  390  value of that property is less than the just value of the
  391  property on the preceding January 1, subject to any adjustment
  392  in the assessed value due to changes, additions, reductions, or
  393  improvements to such property which are assessed as provided for
  394  by general law. This amendment takes effect upon approval by the
  395  voters. If approved at a special election held on the date of
  396  the 2012 presidential preference primary, it shall operate
  397  retroactively to January 1, 2012, or, if approved at the 2012
  398  general election, shall take effect January 1, 2013.
  399         (3) This amendment reduces from 10 percent to 5 percent the
  400  limitation on annual changes in assessments of nonhomestead real
  401  property. This amendment takes effect upon approval of the
  402  voters. If approved at a special election held on the date of
  403  the 2012 presidential preference primary, it shall operate
  404  retroactively to January 1, 2012, or, if approved at the 2012
  405  general election, takes effect January 1, 2013.
  406         (4) This amendment also authorizes general law to provide,
  407  subject to conditions specified in such law, an additional
  408  homestead exemption to every person who establishes the right to
  409  receive the homestead exemption provided in the Florida
  410  Constitution within 1 year after purchasing the homestead
  411  property and who has not owned property in the previous 3
  412  calendar years to which the Florida homestead exemption applied.
  413  The additional homestead exemption shall apply to all levies
  414  except school district levies. The additional exemption is an
  415  amount equal to 50 percent of the homestead property’s just
  416  value on January 1 of the year the homestead is established. The
  417  additional homestead exemption may not exceed an amount equal to
  418  the median just value of all homestead property within the
  419  county where the property at issue is located for the calendar
  420  year immediately preceding January 1 of the year the homestead
  421  is established. The additional exemption shall apply for the
  422  shorter of 5 years or the year of sale of the property. The
  423  amount of the additional exemption shall be reduced in each
  424  subsequent year by an amount equal to 20 percent of the amount
  425  of the additional exemption received in the year the homestead
  426  was established or by an amount equal to the difference between
  427  the just value of the property and the assessed value of the
  428  property determined under Article VII, Section 4(d), whichever
  429  is greater. Not more than one such exemption shall be allowed
  430  per homestead property at one time. The additional exemption
  431  applies to property purchased on or after January 1, 2011, if
  432  approved by the voters at a special election held on the date of
  433  the 2012 presidential preference primary, or to property
  434  purchased on or after January 1, 2012, if approved by the voters
  435  at the 2012 general election. The additional exemption is not
  436  available in the sixth and subsequent years after it is first
  437  received. The amendment shall take effect upon approval by the
  438  voters. If approved at a special election held on the date of
  439  the 2012 presidential preference primary, it shall operate
  440  retroactively to January 1, 2012, or, if approved at the 2012
  441  general election, takes effect January 1, 2013.
  442         (5) This amendment also delays until 2023, the repeal,
  443  currently scheduled to take effect in 2019, of constitutional
  444  amendments adopted in 2008 which limit annual assessment
  445  increases for specified nonhomestead real property. This
  446  amendment delays until 2022 the submission of an amendment
  447  proposing the abrogation of such repeal to the voters.
  448  
  449  ================= T I T L E  A M E N D M E N T ================
  450         And the title is amended as follows:
  451         Delete everything before the resolving clause
  452  and insert:
  453                        A bill to be entitled                      
  454         A joint resolution proposing amendments to Sections 4
  455         and 6 of Article VII and Section 27 of Article XII and
  456         the creation of Sections 32 and 33 of Article XII of
  457         the State Constitution to allow the Legislature by
  458         general law to prohibit increases in the assessed
  459         value of homestead and specified nonhomestead property
  460         if the just value of the property decreases, reduce
  461         the limitation on annual assessment increases
  462         applicable to nonhomestead real property, provide an
  463         additional homestead exemption for owners of homestead
  464         property who have not owned homestead property for a
  465         specified time before purchase of the current
  466         homestead property, and application and limitations
  467         with respect thereto, delay the future repeal of
  468         provisions limiting annual assessment increases for
  469         specified nonhomestead real property, and provide
  470         effective dates.