Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for SJR 532 Barcode 179426 LEGISLATIVE ACTION Senate . House . . . Floor: 2/AD/2R . 04/30/2009 04:30 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senators Lynn and Altman moved the following: 1 Senate Substitute for Amendment (239820) (with title 2 amendment) 3 4 Delete lines 138 - 332 5 and insert: 6 changes in assessments shall not exceed fivetenpercent(10%)7 of the assessment for the prior year. 8 (2) No assessment shall exceed just value. 9 (3) After a change of ownership or control, as defined by 10 general law, including any change of ownership of a legal entity 11 that owns the property, such property shall be assessed at just 12 value as of the next assessment date. Thereafter, such property 13 shall be assessed as provided in this subsection. 14 (4) Changes, additions, reductions, or improvements to such 15 property shall be assessed as provided for by general law; 16 however, after the adjustment for any change, addition, 17 reduction, or improvement, the property shall be assessed as 18 provided in this subsection. 19 (h) For all levies other than school district levies, 20 assessments of real property that is not subject to the 21 assessment limitations set forth in subsections (a) through (d) 22 and (g) shall change only as provided in this subsection. 23 (1) Assessments subject to this subsection shall be changed 24 annually on the date of assessment provided by law; but those 25 changes in assessments shall not exceed fivetenpercent(10%)26 of the assessment for the prior year. 27 (2) No assessment shall exceed just value. 28 (3) The legislature must provide that such property shall 29 be assessed at just value as of the next assessment date after a 30 qualifying improvement, as defined by general law, is made to 31 such property. Thereafter, such property shall be assessed as 32 provided in this subsection. 33 (4) The legislature may provide that such property shall be 34 assessed at just value as of the next assessment date after a 35 change of ownership or control, as defined by general law, 36 including any change of ownership of the legal entity that owns 37 the property. Thereafter, such property shall be assessed as 38 provided in this subsection. 39 (5) Changes, additions, reductions, or improvements to such 40 property shall be assessed as provided for by general law; 41 however, after the adjustment for any change, addition, 42 reduction, or improvement, the property shall be assessed as 43 provided in this subsection. 44 (i) The legislature, by general law and subject to 45 conditions specified therein, may prohibit the consideration of 46 the following in the determination of the assessed value of real 47 property used for residential purposes: 48 (1) Any change or improvement made for the purpose of 49 improving the property’s resistance to wind damage. 50 (2) The installation of a renewable energy source device. 51 (j)(1) The assessment of the following working waterfront 52 properties shall be based upon the current use of the property: 53 a. Land used predominantly for commercial fishing purposes. 54 b. Land that is accessible to the public and used for 55 vessel launches into waters that are navigable. 56 c. Marinas and drystacks that are open to the public. 57 d. Water-dependent marine manufacturing facilities, 58 commercial fishing facilities, and marine vessel construction 59 and repair facilities and their support activities. 60 (2) The assessment benefit provided by this subsection is 61 subject to conditions and limitations and reasonable definitions 62 as specified by the legislature by general law. 63 SECTION 6. Homestead exemptions.— 64 (a) Every person who has the legal or equitable title to 65 real estate and maintains thereon the permanent residence of the 66 owner, or another legally or naturally dependent upon the owner, 67 shall be exempt from taxation thereon, except assessments for 68 special benefits, up to the assessed valuation of twenty-five 69 thousand dollars and, for all levies other than school district 70 levies, on the assessed valuation greater than fifty thousand 71 dollars and up to seventy-five thousand dollars, upon 72 establishment of right thereto in the manner prescribed by law. 73 The real estate may be held by legal or equitable title, by the 74 entireties, jointly, in common, as a condominium, or indirectly 75 by stock ownership or membership representing the owner’s or 76 member’s proprietary interest in a corporation owning a fee or a 77 leasehold initially in excess of ninety-eight years. The 78 exemption shall not apply with respect to any assessment roll 79 until such roll is first determined to be in compliance with the 80 provisions of section 4 by a state agency designated by general 81 law. This exemption is repealed on the effective date of any 82 amendment to this Article which provides for the assessment of 83 homestead property at less than just value. 84 (b) Not more than one exemption shall be allowed any 85 individual or family unit or with respect to any residential 86 unit. No exemption shall exceed the value of the real estate 87 assessable to the owner or, in case of ownership through stock 88 or membership in a corporation, the value of the proportion 89 which the interest in the corporation bears to the assessed 90 value of the property. 91 (c) By general law and subject to conditions specified 92 therein, the Legislature may provide to renters, who are 93 permanent residents, ad valorem tax relief on all ad valorem tax 94 levies. Such ad valorem tax relief shall be in the form and 95 amount established by general law. 96 (d) The legislature may, by general law, allow counties or 97 municipalities, for the purpose of their respective tax levies 98 and subject to the provisions of general law, to grant an 99 additional homestead tax exemption not exceeding fifty thousand 100 dollars to any person who has the legal or equitable title to 101 real estate and maintains thereon the permanent residence of the 102 owner and who has attained age sixty-five and whose household 103 income, as defined by general law, does not exceed twenty 104 thousand dollars. The general law must allow counties and 105 municipalities to grant this additional exemption, within the 106 limits prescribed in this subsection, by ordinance adopted in 107 the manner prescribed by general law, and must provide for the 108 periodic adjustment of the income limitation prescribed in this 109 subsection for changes in the cost of living. 110 (e) Each veteran who is age 65 or older who is partially or 111 totally permanently disabled shall receive a discount from the 112 amount of the ad valorem tax otherwise owed on homestead 113 property the veteran owns and resides in if the disability was 114 combat related, the veteran was a resident of this state at the 115 time of entering the military service of the United States, and 116 the veteran was honorably discharged upon separation from 117 military service. The discount shall be in a percentage equal to 118 the percentage of the veteran’s permanent, service-connected 119 disability as determined by the United States Department of 120 Veterans Affairs. To qualify for the discount granted by this 121 subsection, an applicant must submit to the county property 122 appraiser, by March 1, proof of residency at the time of 123 entering military service, an official letter from the United 124 States Department of Veterans Affairs stating the percentage of 125 the veteran’s service-connected disability and such evidence 126 that reasonably identifies the disability as combat related, and 127 a copy of the veteran’s honorable discharge. If the property 128 appraiser denies the request for a discount, the appraiser must 129 notify the applicant in writing of the reasons for the denial, 130 and the veteran may reapply. The Legislature may, by general 131 law, waive the annual application requirement in subsequent 132 years. This subsection shall take effect December 7, 2006, is 133 self-executing, and does not require implementing legislation. 134 (f)(1) By general law, and subject to conditions specified 135 therein, the legislature shall provide an additional homestead 136 exemption to the person or persons who: 137 a. Establish the right to receive the homestead exemption 138 in subsection (a) within one year after purchasing the homestead 139 property; and 140 b. Have not owned a principal residence during the eight 141 year period before the purchase. For married persons, neither 142 the purchaser nor his or her spouse may have owned a principal 143 residence during the preceding eight years. 144 (2) The additional homestead exemption shall equal 25 145 percent of the just value of the property on January 1 of the 146 year in which the homestead exemption in subsection (a) is 147 received, but not more than $100,000. 148 a. The amount of the additional exemption shall be reduced 149 in each subsequent year by an amount equal to twenty percent of 150 the amount of the initial additional exemption or by an amount 151 equal to the difference between the just value of the property 152 and the assessed value determined under subsection (d) of 153 section 4 of this Article, whichever is greater. 154 b. The additional homestead exemption shall not apply after 155 the fifth year after the initial additional exemption is 156 granted. 157 (3) Only one additional exemption under this subsection may 158 apply to a single homestead property. 159 ARTICLE XII 160 SCHEDULE 161 Property tax limit for nonhomestead property.—The amendment 162 to Section 4 of Article VII reducing the limit on the maximum 163 annual increase in the assessed value of nonhomestead property 164 to five percent from ten percent and this section shall take 165 effect January 1, 20ll. 166 Additional homestead exemption for first-time homestead 167 property owners.—The amendment to subsection (f) of Section 6 of 168 Article VII providing for an additional homestead exemption for 169 persons who have not owned a principal residence within an 170 eight-year period and this section shall take effect January 1, 171 2011, and shall be available for properties purchased on or 172 after January 1, 2010. 173 CONSTITUTIONAL AMENDMENTS 174 ARTICLE VII, SECTIONS 4 and 6 175 ARTICLE XII 176 PROPERTY TAX LIMIT FOR NONHOMESTEAD PROPERTY; ADDITIONAL 177 HOMESTEAD EXEMPTION FOR NEW HOMESTEAD OWNERS.—The State 178 Constitution generally limits the maximum annual increase in the 179 assessed value of nonhomestead property to 10 percent annually. 180 This proposed amendment reduces the maximum annual increase in 181 the assessed values of those properties to 5 percent annually. 182 This amendment also requires the Legislature to provide an 183 additional homestead exemption for persons who have not owned a 184 principal residence during the preceding 8 years. Under the 185 exemption, 25 percent of the just value of a first-time 186 homestead, up to $100,000, will be exempt from property taxes. 187 The amount of the additional exemption will decrease in each 188 succeeding year for 5 years by the greater of 20 percent of the 189 initial additional exemption or the difference between the just 190 value and the assessed value of the property. The additional 191 exemption will not be available in the 6th and subsequent years. 192 193 194 ================= T I T L E A M E N D M E N T ================ 195 And the title is amended as follows: 196 Delete lines 8 - 9 197 and insert: 198 persons who have not owned a principal residence 199 within the preceding 8 years.