Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SJR 532 Barcode 433790 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/15/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Finance and Tax (Altman) recommended the following: 1 Senate Substitute for Amendment (886910) (with title 2 amendment) 3 4 Delete everything after the resolving clause 5 and insert: 6 That the following amendments to Sections 4 and 6 of 7 Article VII and the creation of two new sections in Article XII 8 of the State Constitution are agreed to and shall be submitted 9 to the electors of this state for approval or rejection at the 10 next general election or at an earlier special election 11 specifically authorized by law for that 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 be changed 35 annually on January 1st of each year; but those changes in 36 assessments shall not exceed the lower of the following: 37 a. Three percent(3%)of the assessment for the prior year. 38 b. The percent change in the Consumer Price Index for all 39 urban consumers, U.S. City Average, all items 1967=100, or 40 successor reports for the preceding calendar year as initially 41 reported by the United States Department of Labor, Bureau of 42 Labor Statistics. 43 (2) No assessment shall exceed just value. 44 (3) After any change of ownership, as provided by general 45 law, homestead property shall be assessed at just value as of 46 January 1 of the following year, unless the provisions of 47 paragraph (8) apply. Thereafter, the homestead shall be assessed 48 as provided in this subsection. 49 (4) New homestead property shall be assessed at just value 50 as of January 1st of the year following the establishment of the 51 homestead, unless the provisions of paragraph (8) apply. That 52 assessment shall only change as provided in this subsection. 53 (5) Changes, additions, reductions, or improvements to 54 homestead property shall be assessed as provided for by general 55 law; provided, however, after the adjustment for any change, 56 addition, reduction, or improvement, the property shall be 57 assessed as provided in this subsection. 58 (6) In the event of a termination of homestead status, the 59 property shall be assessed as provided by general law. 60 (7) The provisions of this amendment are severable. If any 61 of the provisions of this amendment shall be held 62 unconstitutional by any court of competent jurisdiction, the 63 decision of such court shall not affect or impair any remaining 64 provisions of this amendment. 65 (8)a. A person who establishes a new homestead as of 66 January 1, 2009, or January 1 of any subsequent year and who has 67 received a homestead exemption pursuant to Section 6 of this 68 Article as of January 1 of either of the two years immediately 69 preceding the establishment of the new homestead is entitled to 70 have the new homestead assessed at less than just value. If this 71 revision is approved in January of 2008, a person who 72 establishes a new homestead as of January 1, 2008, is entitled 73 to have the new homestead assessed at less than just value only 74 if that person received a homestead exemption on January 1, 75 2007. The assessed value of the newly established homestead 76 shall be determined as follows: 77 1. If the just value of the new homestead is greater than 78 or equal to the just value of the prior homestead as of January 79 1 of the year in which the prior homestead was abandoned, the 80 assessed value of the new homestead shall be the just value of 81 the new homestead minus an amount equal to the lesser of 82 $500,000 or the difference between the just value and the 83 assessed value of the prior homestead as of January 1 of the 84 year in which the prior homestead was abandoned. Thereafter, the 85 homestead shall be assessed as provided in this subsection. 86 2. If the just value of the new homestead is less than the 87 just value of the prior homestead as of January 1 of the year in 88 which the prior homestead was abandoned, the assessed value of 89 the new homestead shall be equal to the just value of the new 90 homestead divided by the just value of the prior homestead and 91 multiplied by the assessed value of the prior homestead. 92 However, if the difference between the just value of the new 93 homestead and the assessed value of the new homestead calculated 94 pursuant to this sub-subparagraph is greater than $500,000, the 95 assessed value of the new homestead shall be increased so that 96 the difference between the just value and the assessed value 97 equals $500,000. Thereafter, the homestead shall be assessed as 98 provided in this subsection. 99 b. By general law and subject to conditions specified 100 therein, the Legislature shall provide for application of this 101 paragraph to property owned by more than one person. 102 (e) The legislature may, by general law, for assessment 103 purposes and subject to the provisions of this subsection, allow 104 counties and municipalities to authorize by ordinance that 105 historic property may be assessed solely on the basis of 106 character or use. Such character or use assessment shall apply 107 only to the jurisdiction adopting the ordinance. The 108 requirements for eligible properties must be specified by 109 general law. 110 (f) A county may, in the manner prescribed by general law, 111 provide for a reduction in the assessed value of homestead 112 property to the extent of any increase in the assessed value of 113 that property which results from the construction or 114 reconstruction of the property for the purpose of providing 115 living quarters for one or more natural or adoptive grandparents 116 or parents of the owner of the property or of the owner’s spouse 117 if at least one of the grandparents or parents for whom the 118 living quarters are provided is 62 years of age or older. Such a 119 reduction may not exceed the lesser of the following: 120 (1) The increase in assessed value resulting from 121 construction or reconstruction of the property. 122 (2) Twenty percent of the total assessed value of the 123 property as improved. 124 (g) For all levies other than school district levies, 125 assessments of residential real property, as defined by general 126 law, which contains nine units or fewer and which is not subject 127 to the assessment limitations set forth in subsections (a) 128 through (d) shall change only as provided in this subsection. 129 (1) Assessments subject to this subsection shall be changed 130 annually on the date of assessment provided by law; but those 131 changes in assessments shall not exceed ten percent(10%)of the 132 assessment for the prior year. 133 (2) No assessment shall exceed just value. 134 (3) After a change of ownership or control, as defined by 135 general law, including any change of ownership of a legal entity 136 that owns the property, such property shall be assessed at just 137 value as of the next assessment date. Thereafter, such property 138 shall be assessed as provided in this subsection. 139 (4) Changes, additions, reductions, or improvements to such 140 property shall be assessed as provided for by general law; 141 however, after the adjustment for any change, addition, 142 reduction, or improvement, the property shall be assessed as 143 provided in this subsection. 144 (h) For all levies other than school district levies, 145 assessments of real property that is not subject to the 146 assessment limitations set forth in subsections (a) through (d) 147 and (g) shall change only as provided in this subsection. 148 (1) Assessments subject to this subsection shall be changed 149 annually on the date of assessment provided by law; but those 150 changes in assessments shall not exceed ten percent(10%)of the 151 assessment for the prior year. 152 (2) No assessment shall exceed just value. 153 (3) The legislature must provide that such property shall 154 be assessed at just value as of the next assessment date after a 155 qualifying improvement, as defined by general law, is made to 156 such property. Thereafter, such property shall be assessed as 157 provided in this subsection. 158 (4) The legislature may provide that such property shall be 159 assessed at just value as of the next assessment date after a 160 change of ownership or control, as defined by general law, 161 including any change of ownership of the legal entity that owns 162 the property. Thereafter, such property shall be assessed as 163 provided in this subsection. 164 (5) Changes, additions, reductions, or improvements to such 165 property shall be assessed as provided for by general law; 166 however, after the adjustment for any change, addition, 167 reduction, or improvement, the property shall be assessed as 168 provided in this subsection. 169 (i) The legislature, by general law and subject to 170 conditions specified therein, may prohibit the consideration of 171 the following in the determination of the assessed value of real 172 property used for residential purposes: 173 (1) Any change or improvement made for the purpose of 174 improving the property’s resistance to wind damage. 175 (2) The installation of a renewable energy source device. 176 (j)(1) The assessment of the following working waterfront 177 properties shall be based upon the current use of the property: 178 a. Land used predominantly for commercial fishing purposes. 179 b. Land that is accessible to the public and used for 180 vessel launches into waters that are navigable. 181 c. Marinas and drystacks that are open to the public. 182 d. Water-dependent marine manufacturing facilities, 183 commercial fishing facilities, and marine vessel construction 184 and repair facilities and their support activities. 185 (2) The assessment benefit provided by this subsection is 186 subject to conditions and limitations and reasonable definitions 187 as specified by the legislature by general law. 188 (k) Pursuant to general law and subject to conditions 189 specified therein, increases in assessments of real property 190 used for commercial or residential rental purposes may be 191 limited to the greater of five percent or the average annual 192 percentage growth in revenues derived from a property over the 193 preceding three years if ownership of the property has not 194 changed within that period. 195 SECTION 6. Homestead exemptions.— 196 (a) Every person who has the legal or equitable title to 197 real estate and maintains thereon the permanent residence of the 198 owner, or another legally or naturally dependent upon the owner, 199 shall be exempt from taxation thereon, except assessments for 200 special benefits, up to the assessed valuation of twenty-five 201 thousand dollars and, for all levies other than school district 202 levies, on the assessed valuation greater than fifty thousand 203 dollars and up to seventy-five thousand dollars, upon 204 establishment of right thereto in the manner prescribed by law. 205 The real estate may be held by legal or equitable title, by the 206 entireties, jointly, in common, as a condominium, or indirectly 207 by stock ownership or membership representing the owner’s or 208 member’s proprietary interest in a corporation owning a fee or a 209 leasehold initially in excess of ninety-eight years. The 210 exemption shall not apply with respect to any assessment roll 211 until such roll is first determined to be in compliance with the 212 provisions of section 4 by a state agency designated by general 213 law. This exemption is repealed on the effective date of any 214 amendment to this Article which provides for the assessment of 215 homestead property at less than just value. 216 (b) Not more than one exemption shall be allowed any 217 individual or family unit or with respect to any residential 218 unit. No exemption shall exceed the value of the real estate 219 assessable to the owner or, in case of ownership through stock 220 or membership in a corporation, the value of the proportion 221 which the interest in the corporation bears to the assessed 222 value of the property. 223 (c) By general law and subject to conditions specified 224 therein, the Legislature may provide to renters, who are 225 permanent residents, ad valorem tax relief on all ad valorem tax 226 levies. Such ad valorem tax relief shall be in the form and 227 amount established by general law. 228 (d) The legislature may, by general law, allow counties or 229 municipalities, for the purpose of their respective tax levies 230 and subject to the provisions of general law, to grant an 231 additional homestead tax exemption not exceeding fifty thousand 232 dollars to any person who has the legal or equitable title to 233 real estate and maintains thereon the permanent residence of the 234 owner and who has attained age sixty-five and whose household 235 income, as defined by general law, does not exceed twenty 236 thousand dollars. The general law must allow counties and 237 municipalities to grant this additional exemption, within the 238 limits prescribed in this subsection, by ordinance adopted in 239 the manner prescribed by general law, and must provide for the 240 periodic adjustment of the income limitation prescribed in this 241 subsection for changes in the cost of living. 242 (e) Each veteran who is age 65 or older who is partially or 243 totally permanently disabled shall receive a discount from the 244 amount of the ad valorem tax otherwise owed on homestead 245 property the veteran owns and resides in if the disability was 246 combat related, the veteran was a resident of this state at the 247 time of entering the military service of the United States, and 248 the veteran was honorably discharged upon separation from 249 military service. The discount shall be in a percentage equal to 250 the percentage of the veteran’s permanent, service-connected 251 disability as determined by the United States Department of 252 Veterans Affairs. To qualify for the discount granted by this 253 subsection, an applicant must submit to the county property 254 appraiser, by March 1, proof of residency at the time of 255 entering military service, an official letter from the United 256 States Department of Veterans Affairs stating the percentage of 257 the veteran’s service-connected disability and such evidence 258 that reasonably identifies the disability as combat related, and 259 a copy of the veteran’s honorable discharge. If the property 260 appraiser denies the request for a discount, the appraiser must 261 notify the applicant in writing of the reasons for the denial, 262 and the veteran may reapply. The Legislature may, by general 263 law, waive the annual application requirement in subsequent 264 years. This subsection shall take effect December 7, 2006, is 265 self-executing, and does not require implementing legislation. 266 (f)(1) By general law, and subject to conditions specified 267 therein, the legislature shall provide an additional homestead 268 exemption to the person or persons who: 269 a. Establish the right to receive the homestead exemption 270 in subsection (a) within one year after purchasing the homestead 271 property; and 272 b. Have not owned a principal residence during the ten-year 273 period before the purchase. For married persons, neither the 274 purchaser nor his or her spouse may have owned a principal 275 residence during the preceding ten years. 276 (2) The additional homestead exemption shall equal 25 277 percent of the just value of the property on January 1 of the 278 year in which the homestead exemption in subsection (a) is 279 received, but not more than $100,000. 280 a. The amount of the additional exemption shall be reduced 281 in each subsequent year by an amount equal to twenty percent of 282 the amount of the initial additional exemption or by an amount 283 equal to the difference between the just value of the property 284 and the assessed value determined under subsection (d) of 285 section 4 of this Article, whichever is greater. 286 b. The additional homestead exemption shall not apply after 287 the fifth year after the initial additional exemption is 288 granted. 289 (3) Only one additional exemption under this subsection may 290 apply to a single homestead property. 291 ARTICLE XII 292 SCHEDULE 293 Property tax limit for commercial and residential rental 294 property.—The amendment to Section 4 of Article VII permitting 295 the legislature to reduce the maximum annual increase in the 296 assessed value of nonhomestead property and this section shall 297 take effect January 1, 20ll. 298 Additional homestead exemption for first-time homestead 299 property owners.—The amendment to subsection (f) of Section 6 of 300 Article VII providing for an additional homestead exemption for 301 persons who have not owned a principal residence within a ten 302 year period and this section shall take effect January 1, 2011, 303 and shall be available for properties purchased on or after 304 January 1, 2010. 305 CONSTITUTIONAL AMENDMENTS 306 ARTICLE VII, SECTIONS 4 and 6 307 ARTICLE XII 308 PROPERTY TAX LIMIT FOR PROPERTY TYPES; ADDITIONAL HOMESTEAD 309 EXEMPTION FOR NEW PRINCIPAL RESIDENCES.—The State Constitution 310 generally limits the maximum annual increase in the assessed 311 value of nonhomestead property to 10 percent annually. This 312 proposed amendment permits the Legislature to limit those 313 increases to the greater of 5 percent or the rate of growth in 314 tax revenues derived from the property over the preceding 3 315 years. 316 This amendment also requires the Legislature to provide an 317 additional homestead exemption for persons who have not owned a 318 principal residence during the preceding 10 years. Under the 319 exemption, 25 percent of the just value of a first-time 320 homestead, up to $100,000, will be exempt from property taxes. 321 The amount of the additional exemption will decrease in each 322 succeeding year for 5 years by the greater of 20 percent of the 323 initial additional exemption or the difference between the just 324 value and the assessed value of the property. The additional 325 exemption will not be available in the 6th and subsequent years. 326 327 ================= T I T L E A M E N D M E N T ================ 328 And the title is amended as follows: 329 Delete everything before the resolving clause 330 and insert: 331 Senate Joint Resolution 332 A joint resolution proposing an amendments to Sections 333 4 and 6 of Article VII and the creation of two new 334 sections in Article XII of the State Constitution to 335 generally limit the maximum annual increase in the 336 assessed value of certain nonhomestead properties and 337 to provide an additional homestead exemption to 338 persons who have not owned a principal residence 339 within the preceding 10 years.