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