| 1 | Representative(s) Randolph offered the following: |
| 2 |
|
| 3 | Amendment (with ballot statement and title amendments) |
| 4 | Remove line(s) 108-484 and insert: |
| 5 | (1) Assessments subject to this provision shall be changed |
| 6 | annually on January 1st of each year; but those changes in |
| 7 | assessments shall not exceed the lower of the following: |
| 8 | a. three percent (3%) of the assessment for the prior |
| 9 | year. |
| 10 | b. The percent change in the Consumer Price Index for all |
| 11 | urban consumers, U.S. City Average, all items 1967=100, or |
| 12 | successor reports for the preceding calendar year as initially |
| 13 | reported by the United States Department of Labor, Bureau of |
| 14 | Labor Statistics. |
| 15 | (2) No assessment shall exceed just value. |
| 16 | (3) After any change of ownership, as provided by general |
| 17 | law, homestead property shall be assessed at just value as of |
| 18 | January 1 of the following year. Thereafter, the homestead shall |
| 19 | be assessed as provided herein. |
| 20 | (3)(4) New homestead property shall be assessed at just |
| 21 | value as of January 1st of the year following the establishment |
| 22 | of the homestead, unless the provisions of paragraph (7) apply. |
| 23 | That assessment shall only change as provided herein. |
| 24 | (4)(5) Changes, additions, reductions, or improvements to |
| 25 | homestead property shall be assessed as provided for by general |
| 26 | law; provided, however, after the adjustment for any change, |
| 27 | addition, reduction, or improvement, the property shall be |
| 28 | assessed as provided herein. |
| 29 | (5)(6) In the event of a termination of homestead status, |
| 30 | the property shall be assessed as provided by general law. |
| 31 | (6)(7) The provisions of this amendment are severable. If |
| 32 | any of the provisions of this amendment shall be held |
| 33 | unconstitutional by any court of competent jurisdiction, the |
| 34 | decision of such court shall not affect or impair any remaining |
| 35 | provisions of this amendment. |
| 36 | (7)a. For all levies other than school district levies, a |
| 37 | person who establishes a new homestead as of January 1, 2009, or |
| 38 | January 1 of any subsequent year and who has received a |
| 39 | homestead exemption pursuant to Section 6 of this Article as of |
| 40 | January 1 of either of the two years immediately preceding the |
| 41 | establishment of the new homestead is entitled to have the new |
| 42 | homestead assessed at less than just value. A person who |
| 43 | establishes a new homestead as of January 1, 2008, is entitled |
| 44 | to have the new homestead assessed at less than just value only |
| 45 | if that person received a homestead exemption on January 1, |
| 46 | 2007. The assessed value of the newly established homestead |
| 47 | shall be determined as follows: |
| 48 | 1. If the just value of the new homestead is greater than |
| 49 | or equal to the just value of the prior homestead of the person |
| 50 | establishing the new homestead as of January 1 of the year in |
| 51 | which the prior homestead was abandoned, the assessed value of |
| 52 | the new homestead shall be the just value of the new homestead |
| 53 | minus an amount equal to the lesser of $1 million or the |
| 54 | difference between the just value and the assessed value of the |
| 55 | prior homestead as of January 1 of the year in which the prior |
| 56 | homestead was abandoned. Thereafter, the homestead shall be |
| 57 | assessed as provided herein. |
| 58 | 2. If the just value of the new homestead is less than the |
| 59 | just value of the prior homestead of the person establishing the |
| 60 | new homestead as of January 1 of the year in which the prior |
| 61 | homestead was abandoned, the assessed value of the new homestead |
| 62 | shall be equal to the just value of the new homestead divided by |
| 63 | the just value of the prior homestead and multiplied by the |
| 64 | assessed value of the prior homestead. However, if the |
| 65 | difference between the just value of the new homestead and the |
| 66 | assessed value of the new homestead calculated pursuant to this |
| 67 | sub-subparagraph is greater than $1 million, the assessed value |
| 68 | of the new homestead shall be increased so that the difference |
| 69 | between the just value and the assessed value equals $1 million. |
| 70 | Thereafter, the homestead shall be assessed as provided herein. |
| 71 | b. By general law and subject to conditions specified |
| 72 | therein, the legislature shall provide for application of this |
| 73 | paragraph to property owned by more than one person. |
| 74 | (d) The legislature may, by general law, for assessment |
| 75 | purposes and subject to the provisions of this subsection, allow |
| 76 | counties and municipalities to authorize by ordinance that |
| 77 | historic property may be assessed solely on the basis of |
| 78 | character or use. Such character or use assessment shall apply |
| 79 | only to the jurisdiction adopting the ordinance. The |
| 80 | requirements for eligible properties must be specified by |
| 81 | general law. |
| 82 | (e) A county may, in the manner prescribed by general law, |
| 83 | provide for a reduction in the assessed value of homestead |
| 84 | property to the extent of any increase in the assessed value of |
| 85 | that property which results from the construction or |
| 86 | reconstruction of the property for the purpose of providing |
| 87 | living quarters for one or more natural or adoptive grandparents |
| 88 | or parents of the owner of the property or of the owner's spouse |
| 89 | if at least one of the grandparents or parents for whom the |
| 90 | living quarters are provided is 62 years of age or older. Such a |
| 91 | reduction may not exceed the lesser of the following: |
| 92 | (1) The increase in assessed value resulting from |
| 93 | construction or reconstruction of the property. |
| 94 | (2) Twenty percent of the total assessed value of the |
| 95 | property as improved. |
| 96 | (f) Pursuant to general law, all property that is |
| 97 | residential but not homestead property and all commercial |
| 98 | property shall be assessed at just value as of January 1 of the |
| 99 | year after the effective date of this amendment. This assessment |
| 100 | shall change only as provided herein. Assessments subject to |
| 101 | this provision may be changed annually on January 1 of each year |
| 102 | as follows: |
| 103 | (1) For property that is residential but not homestead |
| 104 | property, those changes in assessments shall not exceed five |
| 105 | percent (5%) of the assessment for the prior year. |
| 106 | (2) For commercial property, those changes in assessments |
| 107 | shall not exceed seven percent (7%) of the assessment for the |
| 108 | prior year. |
| 109 | (g) Assessments as limited under this section shall carry |
| 110 | forward and apply to such properties after any change in |
| 111 | ownership. |
| 112 | (h) Notwithstanding this section, if the use of any |
| 113 | property changes or has changed since 2003, or a substantial |
| 114 | improvement has been made as defined by general law, the |
| 115 | assessment of such property may change in excess of the |
| 116 | limitations imposed in subsection (c) or subsection (f) and |
| 117 | shall be based upon the market value of the new use. |
| 118 | (i) The assessment of each property subject to ad valorem |
| 119 | taxation under this section shall be revised to equal the |
| 120 | assessment for such property as of January 1, 2003, and such |
| 121 | assessment shall be revised each year through 2008 subject to |
| 122 | the limitations on changes in assessments as provided under |
| 123 | subsections (c) and (f). |
| 124 | (j) As defined by general law, real property that is used |
| 125 | to provide affordable housing and is subject to rent |
| 126 | restrictions imposed by a governmental agency may be assessed as |
| 127 | provided by general law, subject to conditions or limitations |
| 128 | specified therein. This subsection shall apply to all levies |
| 129 | other than school district levies. |
| 130 | (k) As defined by general law, land that is used |
| 131 | exclusively for commercial fishing purposes or that is open to |
| 132 | the public and used predominantly for commercial water-dependent |
| 133 | activities or for public access to waters that are navigable may |
| 134 | be assessed as provided by general law, subject to conditions or |
| 135 | limitations specified therein. For purposes of this paragraph, |
| 136 | the term "water-dependent activity" means any activity that can |
| 137 | be conducted only on, in, over, or adjacent to waters that are |
| 138 | navigable and that requires direct access to water and involves |
| 139 | the use of water as an integral part of such activity. This |
| 140 | subsection shall apply to all levies other than school district |
| 141 | levies. |
| 142 | SECTION 6. Homestead exemptions.-- |
| 143 | (a) Every person who has the legal or equitable title to |
| 144 | real estate and maintains thereon the permanent residence of the |
| 145 | owner, or another legally or naturally dependent upon the owner, |
| 146 | shall be exempt from taxation thereon, except assessments for |
| 147 | special benefits, up to the assessed valuation of twenty-five |
| 148 | five thousand dollars and, for all levies other than school |
| 149 | district levies, on the assessed valuation greater than fifty |
| 150 | thousand dollars and up to seventy-five thousand dollars, upon |
| 151 | establishment of right thereto in the manner prescribed by law. |
| 152 | The real estate may be held by legal or equitable title, by the |
| 153 | entireties, jointly, in common, as a condominium, or indirectly |
| 154 | by stock ownership or membership representing the owner's or |
| 155 | member's proprietary interest in a corporation owning a fee or a |
| 156 | leasehold initially in excess of ninety-eight years. The |
| 157 | exemption shall not apply with respect to any assessment roll |
| 158 | until such roll is first determined to be in compliance with the |
| 159 | provisions of Section 4 of this Article by a state agency |
| 160 | designated by general law. This exemption is repealed on the |
| 161 | effective date of any amendment to Section 4 of this Article |
| 162 | that provides for the assessment of homestead property at less |
| 163 | than just value. |
| 164 | (b) Not more than one exemption shall be allowed any |
| 165 | individual or family unit or with respect to any residential |
| 166 | unit. No exemption shall exceed the value of the real estate |
| 167 | assessable to the owner or, in case of ownership through stock |
| 168 | or membership in a corporation, the value of the proportion |
| 169 | which the interest in the corporation bears to the assessed |
| 170 | value of the property. |
| 171 | (c) As provided by general law and subject to conditions |
| 172 | specified therein, each person who establishes the right to |
| 173 | receive the homestead exemption provided in subsection (a) |
| 174 | within one year after purchasing the homestead property and who |
| 175 | had not previously owned property receiving the homestead |
| 176 | exemption provided in subsection (a) is entitled to an |
| 177 | additional homestead exemption in an amount equal to twenty-five |
| 178 | percent of the homestead property's just value on January 1 of |
| 179 | the year the homestead exemption is established, not to exceed |
| 180 | twenty-five percent of the median just value of homesteads in |
| 181 | the county in which the homestead is located in the year prior |
| 182 | to establishing the new homestead. This exemption is not |
| 183 | available if any owner of the property has previously owned |
| 184 | property that received the homestead exemption provided in |
| 185 | subsection (a). The additional homestead exemption shall be |
| 186 | reduced each year by the difference between the homestead's just |
| 187 | value and assessed value as determined under subsection (c) of |
| 188 | Section 4 of this Article until the value of the exemption is |
| 189 | reduced to zero. The exemption provided under this subsection |
| 190 | shall apply to all levies other than school district levies. |
| 191 | (c) By general law and subject to conditions specified |
| 192 | therein, the exemption shall be increased to a total of twenty- |
| 193 | five thousand dollars of the assessed value of the real estate |
| 194 | for each school district levy. By general law and subject to |
| 195 | conditions specified therein, the exemption for all other levies |
| 196 | may be increased up to an amount not exceeding ten thousand |
| 197 | dollars of the assessed value of the real estate if the owner |
| 198 | has attained age sixty-five or is totally and permanently |
| 199 | disabled and if the owner is not entitled to the exemption |
| 200 | provided in subsection (d). |
| 201 | (d) By general law and subject to conditions specified |
| 202 | therein, the exemption shall be increased to a total of the |
| 203 | following amounts of assessed value of real estate for each levy |
| 204 | other than those of school districts: fifteen thousand dollars |
| 205 | with respect to 1980 assessments; twenty thousand dollars with |
| 206 | respect to 1981 assessments; twenty-five thousand dollars with |
| 207 | respect to assessments for 1982 and each year thereafter. |
| 208 | However, such increase shall not apply with respect to any |
| 209 | assessment roll until such roll is first determined to be in |
| 210 | compliance with the provisions of section 4 by a state agency |
| 211 | designated by general law. This subsection shall stand repealed |
| 212 | on the effective date of any amendment to section 4 which |
| 213 | provides for the assessment of homestead property at a specified |
| 214 | percentage of its just value. |
| 215 | (d)(e) By general law and subject to conditions specified |
| 216 | therein, the Legislature may provide to renters, who are |
| 217 | permanent residents, ad valorem tax relief on all ad valorem tax |
| 218 | levies. Such ad valorem tax relief shall be in the form and |
| 219 | amount established by general law. |
| 220 | (e)(f) The legislature may, by general law, allow counties |
| 221 | or municipalities, for the purpose of their respective tax |
| 222 | levies and subject to the provisions of general law, to grant an |
| 223 | additional homestead tax exemption not exceeding fifty thousand |
| 224 | dollars to any person who has the legal or equitable title to |
| 225 | real estate and maintains thereon the permanent residence of the |
| 226 | owner and who has attained age sixty-five and whose household |
| 227 | income, as defined by general law, does not exceed twenty |
| 228 | thousand dollars. The general law must allow counties and |
| 229 | municipalities to grant this additional exemption, within the |
| 230 | limits prescribed in this subsection, by ordinance adopted in |
| 231 | the manner prescribed by general law, and must provide for the |
| 232 | periodic adjustment of the income limitation prescribed in this |
| 233 | subsection for changes in the cost of living. |
| 234 | (f)(g) Each veteran who is age 65 or older who is |
| 235 | partially or totally permanently disabled shall receive a |
| 236 | discount from the amount of the ad valorem tax otherwise owed on |
| 237 | homestead property the veteran owns and resides in if the |
| 238 | disability was combat related, the veteran was a resident of |
| 239 | this state at the time of entering the military service of the |
| 240 | United States, and the veteran was honorably discharged upon |
| 241 | separation from military service. The discount shall be in a |
| 242 | percentage equal to the percentage of the veteran's permanent, |
| 243 | service-connected disability as determined by the United States |
| 244 | Department of Veterans Affairs. To qualify for the discount |
| 245 | granted by this subsection, an applicant must submit to the |
| 246 | county property appraiser, by March 1, proof of residency at the |
| 247 | time of entering military service, an official letter from the |
| 248 | United States Department of Veterans Affairs stating the |
| 249 | percentage of the veteran's service-connected disability and |
| 250 | such evidence that reasonably identifies the disability as |
| 251 | combat related, and a copy of the veteran's honorable discharge. |
| 252 | If the property appraiser denies the request for a discount, the |
| 253 | appraiser must notify the applicant in writing of the reasons |
| 254 | for the denial, and the veteran may reapply. The Legislature |
| 255 | may, by general law, waive the annual application requirement in |
| 256 | subsequent years. This subsection shall take effect December 7, |
| 257 | 2006, is self-executing, and does not require implementing |
| 258 | legislation. |
| 259 | (g) Real property owned and used as a homestead by a |
| 260 | person who has attained age sixty-five and whose household |
| 261 | income, as defined by general law, does not exceed $23,604 is |
| 262 | exempt from ad valorem taxation. The legislature shall provide |
| 263 | for an annual adjustment of the income limitation prescribed in |
| 264 | this subsection for changes in the cost of living and may |
| 265 | provide additional financial eligibility requirements or other |
| 266 | eligibility requirements. |
| 267 | SECTION 9. Local taxes.-- |
| 268 | (a) Subject to subsection (c), counties, school districts, |
| 269 | and municipalities shall, and special districts may, be |
| 270 | authorized by law to levy ad valorem taxes and may be authorized |
| 271 | by general law to levy other taxes, for their respective |
| 272 | purposes, except ad valorem taxes on intangible personal |
| 273 | property and taxes prohibited by this constitution. |
| 274 | (b) Ad valorem taxes, exclusive of taxes levied for the |
| 275 | payment of bonds and taxes levied for periods not longer than |
| 276 | two years when authorized by vote of the electors who are the |
| 277 | owners of freeholds therein not wholly exempt from taxation, |
| 278 | shall not be levied in excess of the following millages upon the |
| 279 | assessed value of real estate and tangible personal property: |
| 280 | for all county purposes, ten mills; for all municipal purposes, |
| 281 | ten mills; for all school purposes, ten mills; for water |
| 282 | management purposes for the northwest portion of the state lying |
| 283 | west of the line between ranges two and three east, 0.05 mill; |
| 284 | for water management purposes for the remaining portions of the |
| 285 | state, 1.0 mill; and for all other special districts a millage |
| 286 | authorized by law approved by vote of the electors who are |
| 287 | owners of freeholds therein not wholly exempt from taxation. A |
| 288 | county furnishing municipal services may, to the extent |
| 289 | authorized by law, levy additional taxes within the limits fixed |
| 290 | for municipal purposes. |
| 291 | (c) Counties, municipalities, and school districts may |
| 292 | increase millage rates only as follows: |
| 293 | (1) An increase of up to 0.05 mill may be made by a simple |
| 294 | majority vote of the governing body of the county, municipality, |
| 295 | or school district. |
| 296 | (2) An increase of between 0.05 and 0.1 mill may be made |
| 297 | only upon an affirmative vote of at least two-thirds of the |
| 298 | governing body of the county, municipality, or school district. |
| 299 | (3) An increase of 0.1 mill or greater may be made only |
| 300 | upon a unanimous vote of the governing body of the county, |
| 301 | municipality, or school district. |
| 302 | ARTICLE VIII |
| 303 | LOCAL GOVERNMENT |
| 304 | SECTION 1. Counties.-- |
| 305 | (a) POLITICAL SUBDIVISIONS. The state shall be divided by |
| 306 | law into political subdivisions called counties. Counties may be |
| 307 | created, abolished or changed by law, with provision for payment |
| 308 | or apportionment of the public debt. |
| 309 | (b) COUNTY FUNDS. The care, custody and method of |
| 310 | disbursing county funds shall be provided by general law. |
| 311 | (c) GOVERNMENT. Pursuant to general or special law, a |
| 312 | county government may be established by charter which shall be |
| 313 | adopted, amended or repealed only upon vote of the electors of |
| 314 | the county in a special election called for that purpose. |
| 315 | (d) COUNTY OFFICERS. There shall be elected by the |
| 316 | electors of each county, for terms of four years, a sheriff, a |
| 317 | tax collector, a property appraiser, a supervisor of elections, |
| 318 | and a clerk of the circuit court; except, when provided by |
| 319 | county charter or special law approved by vote of the electors |
| 320 | of the county, any county officer other than a property |
| 321 | appraiser may be chosen in another manner therein specified, or |
| 322 | any county office other than the office of property appraiser |
| 323 | may be abolished when all the duties of the office prescribed by |
| 324 | general law are transferred to another office. When not |
| 325 | otherwise provided by county charter or special law approved by |
| 326 | vote of the electors, the clerk of the circuit court shall be ex |
| 327 | officio clerk of the board of county commissioners, auditor, |
| 328 | recorder and custodian of all county funds. |
| 329 | (e) COMMISSIONERS. Except when otherwise provided by |
| 330 | county charter, the governing body of each county shall be a |
| 331 | board of county commissioners composed of five or seven members |
| 332 | serving staggered terms of four years. After each decennial |
| 333 | census the board of county commissioners shall divide the county |
| 334 | into districts of contiguous territory as nearly equal in |
| 335 | population as practicable. One commissioner residing in each |
| 336 | district shall be elected as provided by law. |
| 337 | (f) NON-CHARTER GOVERNMENT. Counties not operating under |
| 338 | county charters shall have such power of self-government as is |
| 339 | provided by general or special law. The board of county |
| 340 | commissioners of a county not operating under a charter may |
| 341 | enact, in a manner prescribed by general law, county ordinances |
| 342 | not inconsistent with general or special law, but an ordinance |
| 343 | in conflict with a municipal ordinance shall not be effective |
| 344 | within the municipality to the extent of such conflict. |
| 345 | (g) CHARTER GOVERNMENT. Counties operating under county |
| 346 | charters shall have all powers of local self-government not |
| 347 | inconsistent with general law, or with special law approved by |
| 348 | vote of the electors. The governing body of a county operating |
| 349 | under a charter may enact county ordinances not inconsistent |
| 350 | with general law. The charter shall provide which shall prevail |
| 351 | in the event of conflict between county and municipal |
| 352 | ordinances. |
| 353 | (h) TAXES; LIMITATION. Property situate within |
| 354 | municipalities shall not be subject to taxation for services |
| 355 | rendered by the county exclusively for the benefit of the |
| 356 | property or residents in unincorporated areas. |
| 357 | (i) COUNTY ORDINANCES. Each county ordinance shall be |
| 358 | filed with the custodian of state records and shall become |
| 359 | effective at such time thereafter as is provided by general law. |
| 360 | (j) VIOLATION OF ORDINANCES. Persons violating county |
| 361 | ordinances shall be prosecuted and punished as provided by law. |
| 362 | (k) COUNTY SEAT. In every county there shall be a county |
| 363 | seat at which shall be located the principal offices and |
| 364 | permanent records of all county officers. The county seat may |
| 365 | not be moved except as provided by general law. Branch offices |
| 366 | for the conduct of county business may be established elsewhere |
| 367 | in the county by resolution of the governing body of the county |
| 368 | in the manner prescribed by law. No instrument shall be deemed |
| 369 | recorded until filed at the county seat, or a branch office |
| 370 | designated by the governing body of the county for the recording |
| 371 | of instruments, according to law. |
| 372 | ARTICLE XII |
| 373 | SCHEDULE |
| 374 | SECTION 27. Elected property appraisers; application.--The |
| 375 | requirement in Section 1(d) of Article VIII for a property |
| 376 | appraiser to be elected by the electors of the county shall |
| 377 | apply in each county, including each charter county, regardless |
| 378 | of whether the charter was adopted pursuant to Section 1(g) of |
| 379 | Article VIII or pursuant to Section 9, Section 10, Section 11, |
| 380 | or Section 24 of Article VIII of the Constitution of 1885, as |
| 381 | amended and incorporated by reference in Section 6(e) of Article |
| 382 | VIII. Any county that does not have an elected property |
| 383 | appraiser on the effective date of the amendment to Section 1 of |
| 384 | Article VIII of this constitution shall provide for electing a |
| 385 | property appraiser at the next general election as provided by |
| 386 | general law. |
| 387 | SECTION 28. Property tax exemptions and ad valorem tax |
| 388 | limitations.--The amendments to Sections 3, 4, 6, and 9 of |
| 389 | Article VII, providing a $25,000 exemption from ad valorem |
| 390 | taxation for tangible personal property, removing Consumer Price |
| 391 | Index criterion from assessment increase limitations and |
| 392 | removing the requirement that assessment of homestead property |
| 393 | must change after a change in ownership, limiting assessment |
| 394 | increases for residential nonhomestead property to 5 percent and |
| 395 | for commercial property to 7 percent, providing for carrying |
| 396 | forward assessments as limited after changes in ownership, |
| 397 | rolling back assessments to 2003 and revising such assessments |
| 398 | through 2008 subject to assessment limitations, providing an |
| 399 | additional $25,000 homestead exemption, authorizing the transfer |
| 400 | of the accrued benefit from the limitation on the assessment of |
| 401 | homestead property, providing an additional homestead exemption |
| 402 | for first-time homestead property owners, providing a complete |
| 403 | homestead exemption for low-income seniors, providing for |
| 404 | assessing rent-restricted affordable housing and commercial and |
| 405 | public-access waterfront property pursuant to general law, and |
| 406 | imposing voting requirements for millage rate increases by |
| 407 | counties, municipalities, and school districts; the amendment to |
| 408 | Section 1 of Article VIII, requiring property appraisers to be |
| 409 | elected; and the creation of Section 27 of this Article, |
| 410 | providing for election of county property appraisers, and this |
| 411 | section, if submitted to the electors of this state for approval |
| 412 | or rejection at a special election authorized by law to be held |
| 413 | on January 29, 2008, shall take effect upon approval by the |
| 414 | electors and shall operate retroactively to January 1, 2008, or, |
| 415 | if submitted to the electors of this state for approval or |
| 416 | rejection at the next general election, shall take effect |
| 417 | January 1 of the year following such general election. |
| 418 |
|
| 419 |
|
| 420 | == B A L L O T S T A T E M E N T A M E N D M E N T == |
| 421 | Remove line(s) 495-562 and insert: |
| 422 | homestead property, this revision 1) revises criteria for the |
| 423 | Save Our Homes assessment limitation, 2) adds an additional |
| 424 | homestead exemption for most homestead owners, 3) exempts |
| 425 | certain low-income seniors from ad valorem tax on their |
| 426 | homesteads, 4) provides an additional homestead exemption that |
| 427 | diminishes over time for first-time Florida homebuyers, and 5) |
| 428 | provides for the transfer of accumulated Save Our Homes |
| 429 | benefits. With respect to non-homestead property, this revision |
| 430 | 6) provides for limiting assessments on nonhomestead property, |
| 431 | 7) provides for changes in excess of limitations after change in |
| 432 | use or substantial improvement, 8) rolls back assessments on all |
| 433 | property to 2003 and adjusts such assessments to 2008, allows |
| 434 | the Legislature to limit ad valorem assessments on 9) affordable |
| 435 | housing and 10) on working waterfronts under specific |
| 436 | circumstances, 11) provides a $25,000 exemption for tangible |
| 437 | personal property, and 12) limits annual increases in |
| 438 | assessments of nonhomestead real property. Further, this |
| 439 | revision 13) provides voting requirements for local governments |
| 440 | in increasing millage rates, and 11) requires all county |
| 441 | property appraisers to be elected. |
| 442 | In more detail, this revision: |
| 443 | 1. Revises the Save Our Homes assessment limitation to |
| 444 | remove the Consumer Price Index criterion and removes the |
| 445 | requirement that assessment of homestead property must change |
| 446 | after a change in ownership. |
| 447 | 2. Limits assessment increases for residential |
| 448 | nonhomestead property to 5 percent and for commercial property |
| 449 | to 7 percent and provides for carrying forward assessments as |
| 450 | limited after changes in ownership. |
| 451 | 3. Provides for rolling back property assessments to 2003 |
| 452 | and revising such assessments forward to 2008 subject to new |
| 453 | assessment limitations. |
| 454 | 4. Increases the homestead exemption by providing an |
| 455 | additional $25,000 homestead exemption for the portion of the |
| 456 | assessed value above $50,000 up to $75,000. This exemption does |
| 457 | not apply to school taxes. |
| 458 | 5. Exempts certain low-income seniors from ad valorem tax |
| 459 | on their homes. Persons 65 or older whose household income is |
| 460 | less than $23,604, adjusted annually for inflation, will be |
| 461 | totally exempt from ad valorem taxes, including school taxes, on |
| 462 | their homestead property. |
| 463 | 6. Provides an increased exemption for first-time Florida |
| 464 | homebuyers beginning in 2008. First-time homebuyers in Florida |
| 465 | who qualify for homestead exemption will be eligible for an |
| 466 | additional exemption equal to 25 percent of the assessed value |
| 467 | of their new home, not to exceed 25 percent of the county median |
| 468 | homestead just value for the prior year. The amount of the |
| 469 | exemption will decrease each year by the amount of the home's |
| 470 | Save Our Homes benefit. When the amount of the home's Save Our |
| 471 | Homes benefit meets or exceeds this exemption, the exemption is |
| 472 | lost. This exemption also is available to 2007 first-time |
| 473 | homebuyers who qualify for homestead exemption January 1, 2008. |
| 474 | This exemption does not apply to school taxes. |
| 475 | 7. Provides for the transfer of accumulated Save Our Homes |
| 476 | benefits. Homestead property owners will be able to transfer |
| 477 | their Save Our Homes benefit to a new homestead within two years |
| 478 | of relinquishing their previous homestead exemption; except, if |
| 479 | the new homestead is established on January 1, 2008, the |
| 480 | previous homestead must have been relinquished in 2007. If the |
| 481 | new homestead has a higher just value than the old one, the |
| 482 | entire benefit can be transferred; if the new homestead has a |
| 483 | lower just value, the amount of benefit transferred will be |
| 484 | reduced in proportion of the just value of the new homestead to |
| 485 | the just value of the old homestead. The transferred benefit may |
| 486 | not exceed $1 million. This provision does not apply to school |
| 487 | taxes. |
| 488 | 8. Provides for assessing certain rent-restricted |
| 489 | affordable housing property as provided by general law. This |
| 490 | provision will not apply to school taxes. |
| 491 | 9. Provides for assessing certain waterfront property used |
| 492 | for commercial fishing, commercial water-dependent activities, |
| 493 | and public access as provided by general law. This provision |
| 494 | will not apply to school taxes. |
| 495 | 10. Limits increases in assessments each year for all |
| 496 | property other than homestead property to the lower of 3 percent |
| 497 | or the percentage change in the Consumer Price Index. |
| 498 | 11. Authorizes an exemption from ad valorem taxes of |
| 499 | $25,000 of assessed value of tangible personal property. This |
| 500 | provision applies to all tax levies. |
| 501 | 12. Imposes voting requirements on counties, |
| 502 | municipalities, and school districts in increasing millage rates |
| 503 | of a simple majority for increases up to 0.05 mill, at least a |
| 504 | two-thirds affirmative vote for increases between 0.05 mill and |
| 505 | 0.01 mill, and a unanimous vote for increases of 0.1 mill or |
| 506 | greater. |
| 507 | 13. Requires each county to have an elected property |
| 508 |
|
| 509 | ======= T I T L E A M E N D M E N T ======= |
| 510 | Remove line(s) 7-19 and insert: |
| 511 | specify assessment increase limitations for homestead property, |
| 512 | nonhomestead residential property, and commercial property; to |
| 513 | provide for exceptions to such limitations for changes in use; |
| 514 | to continue to apply increase-limited assessments to all |
| 515 | properties after changes in ownership; to provide for the |
| 516 | transfer of the accrued benefit from the limitation on the |
| 517 | assessed value of homestead property, to roll back property |
| 518 | assessments to 2003 and revise such assessments annually to the |
| 519 | present, subject to assessment increase limitations; to provide |
| 520 | for assessing rent-restricted affordable housing and commercial |
| 521 | and public-access waterfront property by general law, to |
| 522 | increase the homestead exemption, to create an additional |
| 523 | homestead exemption for first-time homestead property owners, to |
| 524 | provide a complete homestead exemption for low-income seniors, |
| 525 | to specify voting requirements for increases in millage rates, |
| 526 | to require each county to have an elected property appraiser, |
| 527 | and to provide an effective date if such |