1 | Representative Dorworth offered the following: |
2 |
|
3 | Substitute Amendment for Amendment (381305) (with title |
4 | amendment) |
5 | Remove everything after the resolving clause and insert: |
6 | That the following amendments to Sections 4 and 6 of |
7 | Article VII and Section 27 of Article XII and the creation of |
8 | Sections 32 and 33 of Article XII of the State Constitution are |
9 | agreed to and shall be submitted to the electors of this state |
10 | for approval or rejection at the next general election or at an |
11 | earlier special election specifically authorized by law for that |
12 | purpose: |
13 | ARTICLE VII |
14 | FINANCE AND TAXATION |
15 | SECTION 4. Taxation; assessments.-By general law |
16 | regulations shall be prescribed which shall secure a just |
17 | valuation of all property for ad valorem taxation, provided: |
18 | (a) Agricultural land, land producing high water recharge |
19 | to Florida's aquifers, or land used exclusively for |
20 | noncommercial recreational purposes may be classified by general |
21 | law and assessed solely on the basis of character or use. |
22 | (b) As provided by general law and subject to conditions, |
23 | limitations, and reasonable definitions specified therein, land |
24 | used for conservation purposes shall be classified by general |
25 | law and assessed solely on the basis of character or use. |
26 | (c) Pursuant to general law tangible personal property |
27 | held for sale as stock in trade and livestock may be valued for |
28 | taxation at a specified percentage of its value, may be |
29 | classified for tax purposes, or may be exempted from taxation. |
30 | (d) All persons entitled to a homestead exemption under |
31 | Section 6 of this Article shall have their homestead assessed at |
32 | just value as of January 1 of the year following the effective |
33 | date of this amendment. This assessment shall change only as |
34 | provided in this subsection. |
35 | (1) Assessments subject to this subsection shall change be |
36 | changed annually on January 1 1st of each year.; but those |
37 | changes in assessments |
38 | a. A change in an assessment may shall not exceed the |
39 | lower of the following: |
40 | 1.a. Three percent (3%) of the assessment for the prior |
41 | year. |
42 | 2.b. The percent change in the Consumer Price Index for |
43 | all urban consumers, U.S. City Average, all items 1967=100, or a |
44 | successor index reports for the preceding calendar year as |
45 | initially reported by the United States Department of Labor, |
46 | Bureau of Labor Statistics. |
47 | b. The legislature may provide by general law that, except |
48 | for changes, additions, reductions, or improvements to homestead |
49 | property assessed as provided in paragraph (5), an assessment |
50 | may not increase if the just value of the property is less than |
51 | the just value of the property on the preceding January 1. |
52 | (2) An No assessment may not shall exceed just value. |
53 | (3) After a any change of ownership, as provided by |
54 | general law, homestead property shall be assessed at just value |
55 | as of January 1 of the following year, unless the provisions of |
56 | paragraph (8) apply. Thereafter, the homestead shall be assessed |
57 | as provided in this subsection. |
58 | (4) New homestead property shall be assessed at just value |
59 | as of January 1 1st of the year following the establishment of |
60 | the homestead, unless the provisions of paragraph (8) apply. |
61 | That assessment shall only change only as provided in this |
62 | subsection. |
63 | (5) Changes, additions, reductions, or improvements to |
64 | homestead property shall be assessed as provided for by general |
65 | law.; provided, However, after the adjustment for any change, |
66 | addition, reduction, or improvement, the property shall be |
67 | assessed as provided in this subsection. |
68 | (6) In the event of a termination of homestead status, the |
69 | property shall be assessed as provided by general law. |
70 | (7) The provisions of this subsection amendment are |
71 | severable. If a provision any of the provisions of this |
72 | subsection is amendment shall be held unconstitutional by a any |
73 | court of competent jurisdiction, the decision of the such court |
74 | does shall not affect or impair any remaining provisions of this |
75 | subsection amendment. |
76 | (8)a. A person who establishes a new homestead as of |
77 | January 1, 2009, or January 1 of any subsequent year and who has |
78 | received a homestead exemption pursuant to Section 6 of this |
79 | Article as of January 1 of either of the 2 two years immediately |
80 | preceding the establishment of a the new homestead is entitled |
81 | to have the new homestead assessed at less than just value. If |
82 | this revision is approved in January of 2008, a person who |
83 | establishes a new homestead as of January 1, 2008, is entitled |
84 | to have the new homestead assessed at less than just value only |
85 | if that person received a homestead exemption on January 1, |
86 | 2007. The assessed value of the newly established homestead |
87 | shall be determined as follows: |
88 | 1. If the just value of the new homestead is greater than |
89 | or equal to the just value of the prior homestead as of January |
90 | 1 of the year in which the prior homestead was abandoned, the |
91 | assessed value of the new homestead shall be the just value of |
92 | the new homestead minus an amount equal to the lesser of |
93 | $500,000 or the difference between the just value and the |
94 | assessed value of the prior homestead as of January 1 of the |
95 | year in which the prior homestead was abandoned. Thereafter, the |
96 | homestead shall be assessed as provided in this subsection. |
97 | 2. If the just value of the new homestead is less than the |
98 | just value of the prior homestead as of January 1 of the year in |
99 | which the prior homestead was abandoned, the assessed value of |
100 | the new homestead shall be equal to the just value of the new |
101 | homestead divided by the just value of the prior homestead and |
102 | multiplied by the assessed value of the prior homestead. |
103 | However, if the difference between the just value of the new |
104 | homestead and the assessed value of the new homestead calculated |
105 | pursuant to this sub-subparagraph is greater than $500,000, the |
106 | assessed value of the new homestead shall be increased so that |
107 | the difference between the just value and the assessed value |
108 | equals $500,000. Thereafter, the homestead shall be assessed as |
109 | provided in this subsection. |
110 | b. By general law and subject to conditions specified |
111 | therein, the legislature shall provide for application of this |
112 | paragraph to property owned by more than one person. |
113 | (e) The legislature may, by general law, for assessment |
114 | purposes and subject to the provisions of this subsection, allow |
115 | counties and municipalities to authorize by ordinance that |
116 | historic property may be assessed solely on the basis of |
117 | character or use. Such character or use assessment shall apply |
118 | only to the jurisdiction adopting the ordinance. The |
119 | requirements for eligible properties must be specified by |
120 | general law. |
121 | (f) A county may, in the manner prescribed by general law, |
122 | provide for a reduction in the assessed value of homestead |
123 | property to the extent of any increase in the assessed value of |
124 | that property which results from the construction or |
125 | reconstruction of the property for the purpose of providing |
126 | living quarters for one or more natural or adoptive grandparents |
127 | or parents of the owner of the property or of the owner's spouse |
128 | if at least one of the grandparents or parents for whom the |
129 | living quarters are provided is 62 years of age or older. Such a |
130 | reduction may not exceed the lesser of the following: |
131 | (1) The increase in assessed value resulting from |
132 | construction or reconstruction of the property. |
133 | (2) Twenty percent of the total assessed value of the |
134 | property as improved. |
135 | (g) For all levies other than school district levies, |
136 | assessments of residential real property, as defined by general |
137 | law, which contains nine units or fewer and which is not subject |
138 | to the assessment limitations set forth in subsections (a) |
139 | through (d) shall change only as provided in this subsection. |
140 | (1) Assessments subject to this subsection shall be |
141 | changed annually on the date of assessment provided by law. |
142 | However,; but those changes in assessments may shall not exceed |
143 | 5 ten percent (10%) of the assessment for the prior year. The |
144 | legislature may provide by general law that, except for changes, |
145 | additions, reductions, or improvements to property assessed as |
146 | provided in paragraph (4), an assessment may not increase if the |
147 | just value of the property is less than the just value of the |
148 | property on the preceding date of assessment provided by law. |
149 | (2) An No assessment may not shall exceed just value. |
150 | (3) After a change of ownership or control, as defined by |
151 | general law, including any change of ownership of a legal entity |
152 | that owns the property, such property shall be assessed at just |
153 | value as of the next assessment date. Thereafter, such property |
154 | shall be assessed as provided in this subsection. |
155 | (4) Changes, additions, reductions, or improvements to |
156 | such property shall be assessed as provided for by general law.; |
157 | However, after the adjustment for any change, addition, |
158 | reduction, or improvement, the property shall be assessed as |
159 | provided in this subsection. |
160 | (h) For all levies other than school district levies, |
161 | assessments of real property that is not subject to the |
162 | assessment limitations set forth in subsections (a) through (d) |
163 | and (g) shall change only as provided in this subsection. |
164 | (1) Assessments subject to this subsection shall be |
165 | changed annually on the date of assessment provided by law. |
166 | However,; but those changes in assessments may shall not exceed |
167 | 5 ten percent (10%) of the assessment for the prior year. The |
168 | legislature may provide by general law that, except for changes, |
169 | additions, reductions, or improvements to property assessed as |
170 | provided in paragraph (5), an assessment may not increase if the |
171 | just value of the property is less than the just value of the |
172 | property on the preceding date of assessment provided by law. |
173 | (2) An No assessment may not shall exceed just value. |
174 | (3) The legislature must provide that such property shall |
175 | be assessed at just value as of the next assessment date after a |
176 | qualifying improvement, as defined by general law, is made to |
177 | such property. Thereafter, such property shall be assessed as |
178 | provided in this subsection. |
179 | (4) The legislature may provide that such property shall |
180 | be assessed at just value as of the next assessment date after a |
181 | change of ownership or control, as defined by general law, |
182 | including any change of ownership of the legal entity that owns |
183 | the property. Thereafter, such property shall be assessed as |
184 | provided in this subsection. |
185 | (5) Changes, additions, reductions, or improvements to |
186 | such property shall be assessed as provided for by general law.; |
187 | However, after the adjustment for any change, addition, |
188 | reduction, or improvement, the property shall be assessed as |
189 | provided in this subsection. |
190 | (i) The legislature, by general law and subject to |
191 | conditions specified therein, may prohibit the consideration of |
192 | the following in the determination of the assessed value of real |
193 | property used for residential purposes: |
194 | (1) Any change or improvement made for the purpose of |
195 | improving the property's resistance to wind damage. |
196 | (2) The installation of a renewable energy source device. |
197 | (j)(1) The assessment of the following working waterfront |
198 | properties shall be based upon the current use of the property: |
199 | a. Land used predominantly for commercial fishing |
200 | purposes. |
201 | b. Land that is accessible to the public and used for |
202 | vessel launches into waters that are navigable. |
203 | c. Marinas and drystacks that are open to the public. |
204 | d. Water-dependent marine manufacturing facilities, |
205 | commercial fishing facilities, and marine vessel construction |
206 | and repair facilities and their support activities. |
207 | (2) The assessment benefit provided by this subsection is |
208 | subject to conditions and limitations and reasonable definitions |
209 | as specified by the legislature by general law. |
210 | SECTION 6. Homestead exemptions.- |
211 | (a) Every person who has the legal or equitable title to |
212 | real estate and maintains thereon the permanent residence of the |
213 | owner, or another legally or naturally dependent upon the owner, |
214 | shall be exempt from taxation thereon, except assessments for |
215 | special benefits, up to the assessed valuation of $25,000 |
216 | twenty-five thousand dollars and, for all levies other than |
217 | school district levies, on the assessed valuation greater than |
218 | $50,000 fifty thousand dollars and up to $75,000 seventy-five |
219 | thousand dollars, upon establishment of right thereto in the |
220 | manner prescribed by law. The real estate may be held by legal |
221 | or equitable title, by the entireties, jointly, in common, as a |
222 | condominium, or indirectly by stock ownership or membership |
223 | representing the owner's or member's proprietary interest in a |
224 | corporation owning a fee or a leasehold initially in excess of |
225 | 98 ninety-eight years. The exemption shall not apply with |
226 | respect to any assessment roll until such roll is first |
227 | determined to be in compliance with the provisions of Section 4 |
228 | by a state agency designated by general law. This exemption is |
229 | repealed on the effective date of any amendment to this Article |
230 | which provides for the assessment of homestead property at less |
231 | than just value. |
232 | (b) Not more than one exemption shall be allowed any |
233 | individual or family unit or with respect to any residential |
234 | unit. No exemption shall exceed the value of the real estate |
235 | assessable to the owner or, in case of ownership through stock |
236 | or membership in a corporation, the value of the proportion |
237 | which the interest in the corporation bears to the assessed |
238 | value of the property. |
239 | (c) By general law and subject to conditions specified |
240 | therein, the legislature may provide to renters, who are |
241 | permanent residents, ad valorem tax relief on all ad valorem tax |
242 | levies. Such ad valorem tax relief shall be in the form and |
243 | amount established by general law. |
244 | (d) The legislature may, by general law, allow counties or |
245 | municipalities, for the purpose of their respective tax levies |
246 | and subject to the provisions of general law, to grant an |
247 | additional homestead tax exemption not exceeding $50,000 fifty |
248 | thousand dollars to any person who has the legal or equitable |
249 | title to real estate and maintains thereon the permanent |
250 | residence of the owner and who has attained age 65 sixty-five |
251 | and whose household income, as defined by general law, does not |
252 | exceed $20,000 twenty thousand dollars. The general law must |
253 | allow counties and municipalities to grant this additional |
254 | exemption, within the limits prescribed in this subsection, by |
255 | ordinance adopted in the manner prescribed by general law, and |
256 | must provide for the periodic adjustment of the income |
257 | limitation prescribed in this subsection for changes in the cost |
258 | of living. |
259 | (e) Each veteran who is age 65 or older who is partially |
260 | or totally permanently disabled shall receive a discount from |
261 | the amount of the ad valorem tax otherwise owed on homestead |
262 | property the veteran owns and resides in if the disability was |
263 | combat related, the veteran was a resident of this state at the |
264 | time of entering the military service of the United States, and |
265 | the veteran was honorably discharged upon separation from |
266 | military service. The discount shall be in a percentage equal to |
267 | the percentage of the veteran's permanent, service-connected |
268 | disability as determined by the United States Department of |
269 | Veterans Affairs. To qualify for the discount granted by this |
270 | subsection, an applicant must submit to the county property |
271 | appraiser, by March 1, proof of residency at the time of |
272 | entering military service, an official letter from the United |
273 | States Department of Veterans Affairs stating the percentage of |
274 | the veteran's service-connected disability and such evidence |
275 | that reasonably identifies the disability as combat related, and |
276 | a copy of the veteran's honorable discharge. If the property |
277 | appraiser denies the request for a discount, the appraiser must |
278 | notify the applicant in writing of the reasons for the denial, |
279 | and the veteran may reapply. The legislature may, by general |
280 | law, waive the annual application requirement in subsequent |
281 | years. This subsection shall take effect December 7, 2006, is |
282 | self-executing, and does not require implementing legislation. |
283 | (f) As provided by general law and subject to conditions |
284 | specified therein, every person who establishes the right to |
285 | receive the homestead exemption provided in subsection (a) |
286 | within 1 year after purchasing the homestead property and who |
287 | has not owned property in the previous 3 calendar years to which |
288 | the homestead exemption provided in subsection (a) applied is |
289 | entitled to an additional homestead exemption for all levies |
290 | except school district levies. The additional exemption is an |
291 | amount equal to 50 percent of the homestead property's just |
292 | value on January 1 of the year the homestead is established. The |
293 | additional exemption may not exceed the median just value of all |
294 | homestead property within the county where the property at issue |
295 | is located for the calendar year immediately preceding January 1 |
296 | of the year the homestead is established. The additional |
297 | exemption shall apply for a period of 5 years or until the year |
298 | the property is sold, whichever occurs first. The amount of the |
299 | additional exemption shall be reduced in each subsequent year by |
300 | an amount equal to 20 percent of the amount of the additional |
301 | exemption received in the year the homestead was established or |
302 | by an amount equal to the difference between the just value of |
303 | the property and the assessed value of the property determined |
304 | under Section 4(d), whichever is greater. Not more than one |
305 | exemption provided under this subsection shall be allowed per |
306 | homestead property at one time. The additional exemption applies |
307 | to property purchased on or after January 1, 2011, if this |
308 | amendment is approved at a special election held on the date of |
309 | the 2012 presidential preference primary, or to property |
310 | purchased on or after January 1, 2012, if this amendment is |
311 | approved at the 2012 general election, but the additional |
312 | exemption is not available in the sixth and subsequent years |
313 | after it is first received. |
314 | ARTICLE XII |
315 | SCHEDULE |
316 | SECTION 27. Property tax exemptions and limitations on |
317 | property tax assessments.-The amendments to Sections 3, 4, and 6 |
318 | of Article VII, providing a $25,000 exemption for tangible |
319 | personal property, providing an additional $25,000 homestead |
320 | exemption, authorizing transfer of the accrued benefit from the |
321 | limitations on the assessment of homestead property, and this |
322 | section, if submitted to the electors of this state for approval |
323 | or rejection at a special election authorized by law to be held |
324 | on January 29, 2008, shall take effect upon approval by the |
325 | electors and shall operate retroactively to January 1, 2008, or, |
326 | if submitted to the electors of this state for approval or |
327 | rejection at the next general election, shall take effect |
328 | January 1 of the year following such general election. The |
329 | amendments to Section 4 of Article VII creating subsections (f) |
330 | and (g) of that section, creating a limitation on annual |
331 | assessment increases for specified real property, shall take |
332 | effect upon approval of the electors and shall first limit |
333 | assessments beginning January 1, 2009, if approved at a special |
334 | election held on January 29, 2008, or shall first limit |
335 | assessments beginning January 1, 2010, if approved at the |
336 | general election held in November of 2008. Subsections (f) and |
337 | (g) of Section 4 of Article VII are repealed effective January |
338 | 1, 2023 2019; however, the legislature shall by joint resolution |
339 | propose an amendment abrogating the repeal of subsections (f) |
340 | and (g), which shall be submitted to the electors of this state |
341 | for approval or rejection at the general election of 2022 2018 |
342 | and, if approved, shall take effect January 1, 2023 2019. |
343 | SECTION 32. Property assessments.-This section and the |
344 | amendment of Section 4 of Article VII protecting homestead and |
345 | specified nonhomestead property having a declining just value |
346 | and reducing the limit on the maximum annual increase in the |
347 | assessed value of nonhomestead property, if submitted to the |
348 | electors of this state for approval or rejection at a special |
349 | election authorized by law to be held on the date of the 2012 |
350 | presidential preference primary, shall take effect upon approval |
351 | by the electors and shall operate retroactively to January 1, |
352 | 2012, or, if submitted to the electors of this state for |
353 | approval or rejection at the 2012 general election, shall take |
354 | effect January 1, 2013. |
355 | SECTION 33. Additional homestead exemption for owners of |
356 | homestead property who recently have not owned homestead |
357 | property.-This section and the amendment to Section 6 of Article |
358 | VII providing for an additional homestead exemption for owners |
359 | of homestead property who have not owned homestead property |
360 | during the 3 calendar years immediately preceding purchase of |
361 | the current homestead property, if submitted to the electors of |
362 | this state for approval or rejection at a special election |
363 | authorized by law to be held on the date of the 2012 |
364 | presidential preference primary, shall take effect upon approval |
365 | by the electors and operate retroactively to January 1, 2012, |
366 | and the additional homestead exemption shall be available for |
367 | properties purchased on or after January 1, 2011, or if |
368 | submitted to the electors of this state for approval or |
369 | rejection at the 2012 general election, shall take effect |
370 | January 1, 2013, and the additional homestead exemption shall be |
371 | available for properties purchased on or after January 1, 2012. |
372 | BE IT FURTHER RESOLVED that the following statement be |
373 | placed on the ballot: |
374 | CONSTITUTIONAL AMENDMENT |
375 | ARTICLE VII, SECTIONS 4, 6 |
376 | ARTICLE XII, SECTIONS 27, 32, 33 |
377 | PROPERTY TAX LIMITATIONS; PROPERTY VALUE DECLINE; REDUCTION |
378 | FOR NONHOMESTEAD ASSESSMENT INCREASES; DELAY OF SCHEDULED |
379 | REPEAL.- |
380 | (1) In certain circumstances, the law requires the |
381 | assessed value of homestead and specified nonhomestead property |
382 | to increase when the just value of the property decreases. |
383 | Therefore, this amendment provides that the Legislature may, by |
384 | general law, provide that the assessment of homestead and |
385 | specified nonhomestead property may not increase if the just |
386 | value of that property is less than the just value of the |
387 | property on the preceding January 1, subject to any adjustment |
388 | in the assessed value due to changes, additions, reductions, or |
389 | improvements to such property which are assessed as provided for |
390 | by general law. This amendment takes effect upon approval by the |
391 | voters. If approved at a special election held on the date of |
392 | the 2012 presidential preference primary, it shall operate |
393 | retroactively to January 1, 2012, or, if approved at the 2012 |
394 | general election, shall take effect January 1, 2013. |
395 | (2) This amendment reduces from 10 percent to 5 percent |
396 | the limitation on annual changes in assessments of nonhomestead |
397 | real property. This amendment takes effect upon approval of the |
398 | voters. If approved at a special election held on the date of |
399 | the 2012 presidential preference primary, it shall operate |
400 | retroactively to January 1, 2012, or, if approved at the 2012 |
401 | general election, takes effect January 1, 2013. |
402 | (3) This amendment also authorizes general law to provide, |
403 | subject to conditions specified in such law, an additional |
404 | homestead exemption to every person who establishes the right to |
405 | receive the homestead exemption provided in the Florida |
406 | Constitution within 1 year after purchasing the homestead |
407 | property and who has not owned property in the previous 3 |
408 | calendar years to which the Florida homestead exemption applied. |
409 | The additional homestead exemption shall apply to all levies |
410 | except school district levies. The additional exemption is an |
411 | amount equal to 50 percent of the homestead property's just |
412 | value on January 1 of the year the homestead is established. The |
413 | additional homestead exemption may not exceed an amount equal to |
414 | the median just value of all homestead property within the |
415 | county where the property at issue is located for the calendar |
416 | year immediately preceding January 1 of the year the homestead |
417 | is established. The additional exemption shall apply for the |
418 | shorter of 5 years or the year of sale of the property. The |
419 | amount of the additional exemption shall be reduced in each |
420 | subsequent year by an amount equal to 20 percent of the amount |
421 | of the additional exemption received in the year the homestead |
422 | was established or by an amount equal to the difference between |
423 | the just value of the property and the assessed value of the |
424 | property determined under section 4(d), whichever is greater. |
425 | Not more than one exemption provided under this subsection shall |
426 | be allowed per homestead property at one time. The additional |
427 | exemption applies to property purchased on or after January 1, |
428 | 2011, if approved by the voters at a special election held on |
429 | the date of the 2012 presidential preference primary, or to |
430 | property purchased on or after January 1, 2012, if approved by |
431 | the voters at the 2012 general election. The additional |
432 | exemption is not available in the sixth and subsequent years |
433 | after it is first received. The amendment shall take effect upon |
434 | approval by the voters. If approved at a special election held |
435 | on the date of the 2012 presidential preference primary, it |
436 | shall operate retroactively to January 1, 2012, or, if approved |
437 | at the 2012 general election, takes effect January 1, 2013. |
438 | (4) This amendment also delays until 2023, the repeal, |
439 | currently scheduled to take effect in 2019, of constitutional |
440 | amendments adopted in 2008 which limit annual assessment |
441 | increases for specified nonhomestead real property. The |
442 | amendment delays until 2022 the submission of such repeal to the |
443 | voters. |
444 |
|
445 |
|
446 | ----------------------------------------------------- |
447 | T I T L E A M E N D M E N T |
448 | Remove the entire title and insert: |
449 | A bill to be entitled |
450 | A joint resolution proposing amendments to Sections 4 |
451 | and 6 of Article VII and Section 27 of Article XII and |
452 | the creation of Sections 32 and 33 of Article XII of |
453 | the State Constitution to allow the Legislature by |
454 | general law to prohibit increases in the assessed |
455 | value of homestead and specified nonhomestead property |
456 | if the just value of the property decreases, reduce |
457 | the limitation on annual assessment increases |
458 | applicable to nonhomestead real property, provide an |
459 | additional homestead exemption for owners of homestead |
460 | property who have not owned homestead property for a |
461 | specified time before purchase of the current |
462 | homestead property, and application and limitations |
463 | with respect thereto, delay the future repeal of |
464 | provisions limiting annual assessment increases for |
465 | specified nonhomestead real property, and provide |
466 | effective dates. |