Florida Senate - 2011                                    SJR 390
       
       
       
       By Senator Flores
       
       
       
       
       38-00426-11                                            2011390__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 4
    3         of Article VII and the creation of a new Section in
    4         Article XII of the State Constitution to prohibit
    5         increases in the assessed value of homestead property
    6         if the just value of the property decreases and
    7         provide an effective date.
    8  
    9  Be It Resolved by the Legislature of the State of Florida:
   10  
   11         That the following amendment to Section 4 of Article VII
   12  and the creation of a new Section 31 of Article XII of the State
   13  Constitution are agreed to and shall be submitted to the
   14  electors of this state for approval or rejection at the next
   15  general election or at an earlier special election specifically
   16  authorized by law for that purpose:
   17                             ARTICLE VII                           
   18                        FINANCE AND TAXATION                       
   19         SECTION 4. Taxation; assessments.—By general law
   20  regulations shall be prescribed which shall secure a just
   21  valuation of all property for ad valorem taxation, provided:
   22         (a) Agricultural land, land producing high water recharge
   23  to Florida’s aquifers, or land used exclusively for
   24  noncommercial recreational purposes may be classified by general
   25  law and assessed solely on the basis of character or use.
   26         (b) As provided by general law and subject to conditions,
   27  limitations, and reasonable definitions specified therein, land
   28  used for conservation purposes shall be classified by general
   29  law and assessed solely on the basis of character or use.
   30         (c) Pursuant to general law tangible personal property held
   31  for sale as stock in trade and livestock may be valued for
   32  taxation at a specified percentage of its value, may be
   33  classified for tax purposes, or may be exempted from taxation.
   34         (d) All persons entitled to a homestead exemption under
   35  Section 6 of this Article shall have their homestead assessed at
   36  just value as of January 1 of the year following the effective
   37  date of this amendment. This assessment shall change only as
   38  provided in this subsection.
   39         (1) Assessments subject to this subsection shall change be
   40  changed annually on January 1 1st of each year.; but those
   41  changes in assessments
   42         a. An increase in an assessment may shall not exceed the
   43  lower of the following:
   44         1.a. Three percent (3%) of the assessment for the prior
   45  year.
   46         2.b. The percent change in the Consumer Price Index for all
   47  urban consumers, U.S. City Average, all items 1967=100, or a
   48  successor index reports for the preceding calendar year as
   49  initially reported by the United States Department of Labor,
   50  Bureau of Labor Statistics.
   51         b. An assessment may not increase if the just value of the
   52  property is less than the just value of the property on the
   53  preceding January 1.
   54         (2) An No assessment may not shall exceed just value.
   55         (3) After a any change of ownership, as provided by general
   56  law, homestead property shall be assessed at just value as of
   57  January 1 of the following year, unless the provisions of
   58  paragraph (8) apply. Thereafter, the homestead shall be assessed
   59  as provided in this subsection.
   60         (4) New homestead property shall be assessed at just value
   61  as of January 1 1st of the year following the establishment of
   62  the homestead, unless the provisions of paragraph (8) apply.
   63  That assessment shall only change only as provided in this
   64  subsection.
   65         (5) Changes, additions, reductions, or improvements to
   66  homestead property shall be assessed as provided for by general
   67  law.; provided, However, after the adjustment for any change,
   68  addition, reduction, or improvement, the property shall be
   69  assessed as provided in this subsection.
   70         (6) In the event of a termination of homestead status, the
   71  property shall be assessed as provided by general law.
   72         (7) The provisions of this subsection amendment are
   73  severable. If a provision any of the provisions of this
   74  amendment is shall be held unconstitutional by a any court of
   75  competent jurisdiction, the decision of the such court does
   76  shall not affect or impair any remaining provisions of this
   77  subsection amendment.
   78         (8)a. A person who establishes a new homestead as of
   79  January 1, 2009, or January 1 of any subsequent year and who has
   80  received a homestead exemption pursuant to Section 6 of this
   81  Article as of January 1 of either of the two years immediately
   82  preceding the establishment of a the new homestead is entitled
   83  to have the new homestead assessed at less than just value. If
   84  this revision is approved in January of 2008, a person who
   85  establishes a new homestead as of January 1, 2008, is entitled
   86  to have the new homestead assessed at less than just value only
   87  if that person received a homestead exemption on January 1,
   88  2007. The assessed value of the newly established homestead
   89  shall be determined as follows:
   90         1. If the just value of the new homestead is greater than
   91  or equal to the just value of the prior homestead as of January
   92  1 of the year in which the prior homestead was abandoned, the
   93  assessed value of the new homestead shall be the just value of
   94  the new homestead minus an amount equal to the lesser of
   95  $500,000 or the difference between the just value and the
   96  assessed value of the prior homestead as of January 1 of the
   97  year in which the prior homestead was abandoned. Thereafter, the
   98  homestead shall be assessed as provided in this subsection.
   99         2. If the just value of the new homestead is less than the
  100  just value of the prior homestead as of January 1 of the year in
  101  which the prior homestead was abandoned, the assessed value of
  102  the new homestead shall be equal to the just value of the new
  103  homestead divided by the just value of the prior homestead and
  104  multiplied by the assessed value of the prior homestead.
  105  However, if the difference between the just value of the new
  106  homestead and the assessed value of the new homestead calculated
  107  pursuant to this sub-subparagraph is greater than $500,000, the
  108  assessed value of the new homestead shall be increased so that
  109  the difference between the just value and the assessed value
  110  equals $500,000. Thereafter, the homestead shall be assessed as
  111  provided in this subsection.
  112         b. By general law and subject to conditions specified
  113  therein, the Legislature shall provide for application of this
  114  paragraph to property owned by more than one person.
  115         (e) The legislature may, by general law, for assessment
  116  purposes and subject to the provisions of this subsection, allow
  117  counties and municipalities to authorize by ordinance that
  118  historic property may be assessed solely on the basis of
  119  character or use. Such character or use assessment shall apply
  120  only to the jurisdiction adopting the ordinance. The
  121  requirements for eligible properties must be specified by
  122  general law.
  123         (f) A county may, in the manner prescribed by general law,
  124  provide for a reduction in the assessed value of homestead
  125  property to the extent of any increase in the assessed value of
  126  that property which results from the construction or
  127  reconstruction of the property for the purpose of providing
  128  living quarters for one or more natural or adoptive grandparents
  129  or parents of the owner of the property or of the owner’s spouse
  130  if at least one of the grandparents or parents for whom the
  131  living quarters are provided is 62 years of age or older. Such a
  132  reduction may not exceed the lesser of the following:
  133         (1) The increase in assessed value resulting from
  134  construction or reconstruction of the property.
  135         (2) Twenty percent of the total assessed value of the
  136  property as improved.
  137         (g) For all levies other than school district levies,
  138  assessments of residential real property, as defined by general
  139  law, which contains nine units or fewer and which is not subject
  140  to the assessment limitations set forth in subsections (a)
  141  through (d) shall change only as provided in this subsection.
  142         (1) Assessments subject to this subsection shall be changed
  143  annually on the date of assessment provided by law. However,;
  144  but those changes in assessments may shall not exceed ten
  145  percent (10%) of the assessment for the prior year.
  146         (2) An No assessment may not shall exceed just value.
  147         (3) After a change of ownership or control, as defined by
  148  general law, including any change of ownership of a legal entity
  149  that owns the property, such property shall be assessed at just
  150  value as of the next assessment date. Thereafter, such property
  151  shall be assessed as provided in this subsection.
  152         (4) Changes, additions, reductions, or improvements to such
  153  property shall be assessed as provided for by general law.;
  154  However, after the adjustment for any change, addition,
  155  reduction, or improvement, the property shall be assessed as
  156  provided in this subsection.
  157         (h) For all levies other than school district levies,
  158  assessments of real property that is not subject to the
  159  assessment limitations set forth in subsections (a) through (d)
  160  and (g) shall change only as provided in this subsection.
  161         (1) Assessments subject to this subsection shall be changed
  162  annually on the date of assessment provided by law. However; but
  163  those changes in assessments shall not exceed ten percent (10%)
  164  of the assessment for the prior year.
  165         (2) An No assessment may not shall exceed just value.
  166         (3) The legislature must provide that such property shall
  167  be assessed at just value as of the next assessment date after a
  168  qualifying improvement, as defined by general law, is made to
  169  such property. Thereafter, such property shall be assessed as
  170  provided in this subsection.
  171         (4) The legislature may provide that such property shall be
  172  assessed at just value as of the next assessment date after a
  173  change of ownership or control, as defined by general law,
  174  including any change of ownership of the legal entity that owns
  175  the property. Thereafter, such property shall be assessed as
  176  provided in this subsection.
  177         (5) Changes, additions, reductions, or improvements to such
  178  property shall be assessed as provided for by general law.;
  179  However, after the adjustment for any change, addition,
  180  reduction, or improvement, the property shall be assessed as
  181  provided in this subsection.
  182         (i) The legislature, by general law and subject to
  183  conditions specified therein, may prohibit the consideration of
  184  the following in the determination of the assessed value of real
  185  property used for residential purposes:
  186         (1) Any change or improvement made for the purpose of
  187  improving the property’s resistance to wind damage.
  188         (2) The installation of a renewable energy source device.
  189         (j)(1) The assessment of the following working waterfront
  190  properties shall be based upon the current use of the property:
  191         a. Land used predominantly for commercial fishing purposes.
  192         b. Land that is accessible to the public and used for
  193  vessel launches into waters that are navigable.
  194         c. Marinas and drystacks that are open to the public.
  195         d. Water-dependent marine manufacturing facilities,
  196  commercial fishing facilities, and marine vessel construction
  197  and repair facilities and their support activities.
  198         (2) The assessment benefit provided by this subsection is
  199  subject to conditions and limitations and reasonable definitions
  200  as specified by the legislature by general law.
  201                             ARTICLE XII                           
  202                              SCHEDULE                             
  203         Assessment of homestead property that has declining just
  204  value.—The amendment to Section 4 of Article VII, relating to
  205  homestead property having a declining just value, and this
  206  section shall take effect January 1, 2013.
  207         BE IT FURTHER RESOLVED that the following statement be
  208  placed on the ballot:
  209                      CONSTITUTIONAL AMENDMENT                     
  210                       ARTICLE VII, SECTION 4                      
  211                             ARTICLE XII                           
  212         ASSESSMENT OF HOMESTEAD PROPERTY THAT HAS A DECLINING JUST
  213  VALUE.—Proposing an amendment to the State Constitution to
  214  revise the requirements for an annual change in assessments of
  215  homestead property to prohibit an increase in the assessed value
  216  of homestead property if the just value of that property
  217  decreases, to take effect January 1, 2013.