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