Amendment
Bill No. CS/CS/CS/CS/CS/HJR 381
Amendment No. 260161
CHAMBER ACTION
Senate House
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1Representative Dorworth offered the following:
2
3     Substitute Amendment for Amendment (381305) (with title
4amendment)
5     Remove everything after the resolving clause and insert:
6     That the following amendments to Sections 4 and 6 of
7Article VII and Section 27 of Article XII and the creation of
8Sections 32 and 33 of Article XII of the State Constitution are
9agreed to and shall be submitted to the electors of this state
10for approval or rejection at the next general election or at an
11earlier special election specifically authorized by law for that
12purpose:
13
ARTICLE VII
14
FINANCE AND TAXATION
15     SECTION 4.  Taxation; assessments.-By general law
16regulations shall be prescribed which shall secure a just
17valuation of all property for ad valorem taxation, provided:
18     (a)  Agricultural land, land producing high water recharge
19to Florida's aquifers, or land used exclusively for
20noncommercial recreational purposes may be classified by general
21law and assessed solely on the basis of character or use.
22     (b)  As provided by general law and subject to conditions,
23limitations, and reasonable definitions specified therein, land
24used for conservation purposes shall be classified by general
25law and assessed solely on the basis of character or use.
26     (c)  Pursuant to general law tangible personal property
27held for sale as stock in trade and livestock may be valued for
28taxation at a specified percentage of its value, may be
29classified for tax purposes, or may be exempted from taxation.
30     (d)  All persons entitled to a homestead exemption under
31Section 6 of this Article shall have their homestead assessed at
32just value as of January 1 of the year following the effective
33date of this amendment. This assessment shall change only as
34provided in this subsection.
35     (1)  Assessments subject to this subsection shall change be
36changed annually on January 1 1st of each year.; but those
37changes in assessments
38     a.  A change in an assessment may shall not exceed the
39lower of the following:
40     1.a.  Three percent (3%) of the assessment for the prior
41year.
42     2.b.  The percent change in the Consumer Price Index for
43all urban consumers, U.S. City Average, all items 1967=100, or a
44successor index reports for the preceding calendar year as
45initially reported by the United States Department of Labor,
46Bureau of Labor Statistics.
47     b.  The legislature may provide by general law that, except
48for changes, additions, reductions, or improvements to homestead
49property assessed as provided in paragraph (5), an assessment
50may not increase if the just value of the property is less than
51the 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
54general law, homestead property shall be assessed at just value
55as of January 1 of the following year, unless the provisions of
56paragraph (8) apply. Thereafter, the homestead shall be assessed
57as provided in this subsection.
58     (4)  New homestead property shall be assessed at just value
59as of January 1 1st of the year following the establishment of
60the homestead, unless the provisions of paragraph (8) apply.
61That assessment shall only change only as provided in this
62subsection.
63     (5)  Changes, additions, reductions, or improvements to
64homestead property shall be assessed as provided for by general
65law.; provided, However, after the adjustment for any change,
66addition, reduction, or improvement, the property shall be
67assessed as provided in this subsection.
68     (6)  In the event of a termination of homestead status, the
69property shall be assessed as provided by general law.
70     (7)  The provisions of this subsection amendment are
71severable. If a provision any of the provisions of this
72subsection is amendment shall be held unconstitutional by a any
73court of competent jurisdiction, the decision of the such court
74does shall not affect or impair any remaining provisions of this
75subsection amendment.
76     (8)a.  A person who establishes a new homestead as of
77January 1, 2009, or January 1 of any subsequent year and who has
78received a homestead exemption pursuant to Section 6 of this
79Article as of January 1 of either of the 2 two years immediately
80preceding the establishment of a the new homestead is entitled
81to have the new homestead assessed at less than just value. If
82this revision is approved in January of 2008, a person who
83establishes a new homestead as of January 1, 2008, is entitled
84to have the new homestead assessed at less than just value only
85if that person received a homestead exemption on January 1,
862007. The assessed value of the newly established homestead
87shall be determined as follows:
88     1.  If the just value of the new homestead is greater than
89or equal to the just value of the prior homestead as of January
901 of the year in which the prior homestead was abandoned, the
91assessed value of the new homestead shall be the just value of
92the new homestead minus an amount equal to the lesser of
93$500,000 or the difference between the just value and the
94assessed value of the prior homestead as of January 1 of the
95year in which the prior homestead was abandoned. Thereafter, the
96homestead shall be assessed as provided in this subsection.
97     2.  If the just value of the new homestead is less than the
98just value of the prior homestead as of January 1 of the year in
99which the prior homestead was abandoned, the assessed value of
100the new homestead shall be equal to the just value of the new
101homestead divided by the just value of the prior homestead and
102multiplied by the assessed value of the prior homestead.
103However, if the difference between the just value of the new
104homestead and the assessed value of the new homestead calculated
105pursuant to this sub-subparagraph is greater than $500,000, the
106assessed value of the new homestead shall be increased so that
107the difference between the just value and the assessed value
108equals $500,000. Thereafter, the homestead shall be assessed as
109provided in this subsection.
110     b.  By general law and subject to conditions specified
111therein, the legislature shall provide for application of this
112paragraph to property owned by more than one person.
113     (e)  The legislature may, by general law, for assessment
114purposes and subject to the provisions of this subsection, allow
115counties and municipalities to authorize by ordinance that
116historic property may be assessed solely on the basis of
117character or use. Such character or use assessment shall apply
118only to the jurisdiction adopting the ordinance. The
119requirements for eligible properties must be specified by
120general law.
121     (f)  A county may, in the manner prescribed by general law,
122provide for a reduction in the assessed value of homestead
123property to the extent of any increase in the assessed value of
124that property which results from the construction or
125reconstruction of the property for the purpose of providing
126living quarters for one or more natural or adoptive grandparents
127or parents of the owner of the property or of the owner's spouse
128if at least one of the grandparents or parents for whom the
129living quarters are provided is 62 years of age or older. Such a
130reduction may not exceed the lesser of the following:
131     (1)  The increase in assessed value resulting from
132construction or reconstruction of the property.
133     (2)  Twenty percent of the total assessed value of the
134property as improved.
135     (g)  For all levies other than school district levies,
136assessments of residential real property, as defined by general
137law, which contains nine units or fewer and which is not subject
138to the assessment limitations set forth in subsections (a)
139through (d) shall change only as provided in this subsection.
140     (1)  Assessments subject to this subsection shall be
141changed annually on the date of assessment provided by law.
142However,; but those changes in assessments may shall not exceed
1435 ten percent (10%) of the assessment for the prior year. The
144legislature may provide by general law that, except for changes,
145additions, reductions, or improvements to property assessed as
146provided in paragraph (4), an assessment may not increase if the
147just value of the property is less than the just value of the
148property 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
151general law, including any change of ownership of a legal entity
152that owns the property, such property shall be assessed at just
153value as of the next assessment date. Thereafter, such property
154shall be assessed as provided in this subsection.
155     (4)  Changes, additions, reductions, or improvements to
156such property shall be assessed as provided for by general law.;
157However, after the adjustment for any change, addition,
158reduction, or improvement, the property shall be assessed as
159provided in this subsection.
160     (h)  For all levies other than school district levies,
161assessments of real property that is not subject to the
162assessment limitations set forth in subsections (a) through (d)
163and (g) shall change only as provided in this subsection.
164     (1)  Assessments subject to this subsection shall be
165changed annually on the date of assessment provided by law.
166However,; but those changes in assessments may shall not exceed
1675 ten percent (10%) of the assessment for the prior year. The
168legislature may provide by general law that, except for changes,
169additions, reductions, or improvements to property assessed as
170provided in paragraph (5), an assessment may not increase if the
171just value of the property is less than the just value of the
172property 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
175be assessed at just value as of the next assessment date after a
176qualifying improvement, as defined by general law, is made to
177such property. Thereafter, such property shall be assessed as
178provided in this subsection.
179     (4)  The legislature may provide that such property shall
180be assessed at just value as of the next assessment date after a
181change of ownership or control, as defined by general law,
182including any change of ownership of the legal entity that owns
183the property. Thereafter, such property shall be assessed as
184provided in this subsection.
185     (5)  Changes, additions, reductions, or improvements to
186such property shall be assessed as provided for by general law.;
187However, after the adjustment for any change, addition,
188reduction, or improvement, the property shall be assessed as
189provided in this subsection.
190     (i)  The legislature, by general law and subject to
191conditions specified therein, may prohibit the consideration of
192the following in the determination of the assessed value of real
193property used for residential purposes:
194     (1)  Any change or improvement made for the purpose of
195improving 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
198properties shall be based upon the current use of the property:
199     a.  Land used predominantly for commercial fishing
200purposes.
201     b.  Land that is accessible to the public and used for
202vessel launches into waters that are navigable.
203     c.  Marinas and drystacks that are open to the public.
204     d.  Water-dependent marine manufacturing facilities,
205commercial fishing facilities, and marine vessel construction
206and repair facilities and their support activities.
207     (2)  The assessment benefit provided by this subsection is
208subject to conditions and limitations and reasonable definitions
209as specified by the legislature by general law.
210     SECTION 6.  Homestead exemptions.-
211     (a)  Every person who has the legal or equitable title to
212real estate and maintains thereon the permanent residence of the
213owner, or another legally or naturally dependent upon the owner,
214shall be exempt from taxation thereon, except assessments for
215special benefits, up to the assessed valuation of $25,000
216twenty-five thousand dollars and, for all levies other than
217school district levies, on the assessed valuation greater than
218$50,000 fifty thousand dollars and up to $75,000 seventy-five
219thousand dollars, upon establishment of right thereto in the
220manner prescribed by law. The real estate may be held by legal
221or equitable title, by the entireties, jointly, in common, as a
222condominium, or indirectly by stock ownership or membership
223representing the owner's or member's proprietary interest in a
224corporation owning a fee or a leasehold initially in excess of
22598 ninety-eight years. The exemption shall not apply with
226respect to any assessment roll until such roll is first
227determined to be in compliance with the provisions of Section 4
228by a state agency designated by general law. This exemption is
229repealed on the effective date of any amendment to this Article
230which provides for the assessment of homestead property at less
231than just value.
232     (b)  Not more than one exemption shall be allowed any
233individual or family unit or with respect to any residential
234unit. No exemption shall exceed the value of the real estate
235assessable to the owner or, in case of ownership through stock
236or membership in a corporation, the value of the proportion
237which the interest in the corporation bears to the assessed
238value of the property.
239     (c)  By general law and subject to conditions specified
240therein, the legislature may provide to renters, who are
241permanent residents, ad valorem tax relief on all ad valorem tax
242levies. Such ad valorem tax relief shall be in the form and
243amount established by general law.
244     (d)  The legislature may, by general law, allow counties or
245municipalities, for the purpose of their respective tax levies
246and subject to the provisions of general law, to grant an
247additional homestead tax exemption not exceeding $50,000 fifty
248thousand dollars to any person who has the legal or equitable
249title to real estate and maintains thereon the permanent
250residence of the owner and who has attained age 65 sixty-five
251and whose household income, as defined by general law, does not
252exceed $20,000 twenty thousand dollars. The general law must
253allow counties and municipalities to grant this additional
254exemption, within the limits prescribed in this subsection, by
255ordinance adopted in the manner prescribed by general law, and
256must provide for the periodic adjustment of the income
257limitation prescribed in this subsection for changes in the cost
258of living.
259     (e)  Each veteran who is age 65 or older who is partially
260or totally permanently disabled shall receive a discount from
261the amount of the ad valorem tax otherwise owed on homestead
262property the veteran owns and resides in if the disability was
263combat related, the veteran was a resident of this state at the
264time of entering the military service of the United States, and
265the veteran was honorably discharged upon separation from
266military service. The discount shall be in a percentage equal to
267the percentage of the veteran's permanent, service-connected
268disability as determined by the United States Department of
269Veterans Affairs. To qualify for the discount granted by this
270subsection, an applicant must submit to the county property
271appraiser, by March 1, proof of residency at the time of
272entering military service, an official letter from the United
273States Department of Veterans Affairs stating the percentage of
274the veteran's service-connected disability and such evidence
275that reasonably identifies the disability as combat related, and
276a copy of the veteran's honorable discharge. If the property
277appraiser denies the request for a discount, the appraiser must
278notify the applicant in writing of the reasons for the denial,
279and the veteran may reapply. The legislature may, by general
280law, waive the annual application requirement in subsequent
281years. This subsection shall take effect December 7, 2006, is
282self-executing, and does not require implementing legislation.
283     (f)  As provided by general law and subject to conditions
284specified therein, every person who establishes the right to
285receive the homestead exemption provided in subsection (a)
286within 1 year after purchasing the homestead property and who
287has not owned property in the previous 3 calendar years to which
288the homestead exemption provided in subsection (a) applied is
289entitled to an additional homestead exemption for all levies
290except school district levies. The additional exemption is an
291amount equal to 50 percent of the homestead property's just
292value on January 1 of the year the homestead is established. The
293additional exemption may not exceed the median just value of all
294homestead property within the county where the property at issue
295is located for the calendar year immediately preceding January 1
296of the year the homestead is established. The additional
297exemption shall apply for a period of 5 years or until the year
298the property is sold, whichever occurs first. The amount of the
299additional exemption shall be reduced in each subsequent year by
300an amount equal to 20 percent of the amount of the additional
301exemption received in the year the homestead was established or
302by an amount equal to the difference between the just value of
303the property and the assessed value of the property determined
304under Section 4(d), whichever is greater. Not more than one
305exemption provided under this subsection shall be allowed per
306homestead property at one time. The additional exemption applies
307to property purchased on or after January 1, 2011, if this
308amendment is approved at a special election held on the date of
309the 2012 presidential preference primary, or to property
310purchased on or after January 1, 2012, if this amendment is
311approved at the 2012 general election, but the additional
312exemption is not available in the sixth and subsequent years
313after it is first received.
314
ARTICLE XII
315
SCHEDULE
316     SECTION 27.  Property tax exemptions and limitations on
317property tax assessments.-The amendments to Sections 3, 4, and 6
318of Article VII, providing a $25,000 exemption for tangible
319personal property, providing an additional $25,000 homestead
320exemption, authorizing transfer of the accrued benefit from the
321limitations on the assessment of homestead property, and this
322section, if submitted to the electors of this state for approval
323or rejection at a special election authorized by law to be held
324on January 29, 2008, shall take effect upon approval by the
325electors and shall operate retroactively to January 1, 2008, or,
326if submitted to the electors of this state for approval or
327rejection at the next general election, shall take effect
328January 1 of the year following such general election. The
329amendments to Section 4 of Article VII creating subsections (f)
330and (g) of that section, creating a limitation on annual
331assessment increases for specified real property, shall take
332effect upon approval of the electors and shall first limit
333assessments beginning January 1, 2009, if approved at a special
334election held on January 29, 2008, or shall first limit
335assessments beginning January 1, 2010, if approved at the
336general election held in November of 2008. Subsections (f) and
337(g) of Section 4 of Article VII are repealed effective January
3381, 2023 2019; however, the legislature shall by joint resolution
339propose an amendment abrogating the repeal of subsections (f)
340and (g), which shall be submitted to the electors of this state
341for approval or rejection at the general election of 2022 2018
342and, if approved, shall take effect January 1, 2023 2019.
343     SECTION 32.  Property assessments.-This section and the
344amendment of Section 4 of Article VII protecting homestead and
345specified nonhomestead property having a declining just value
346and reducing the limit on the maximum annual increase in the
347assessed value of nonhomestead property, if submitted to the
348electors of this state for approval or rejection at a special
349election authorized by law to be held on the date of the 2012
350presidential preference primary, shall take effect upon approval
351by the electors and shall operate retroactively to January 1,
3522012, or, if submitted to the electors of this state for
353approval or rejection at the 2012 general election, shall take
354effect January 1, 2013.
355     SECTION 33.  Additional homestead exemption for owners of
356homestead property who recently have not owned homestead
357property.-This section and the amendment to Section 6 of Article
358VII providing for an additional homestead exemption for owners
359of homestead property who have not owned homestead property
360during the 3 calendar years immediately preceding purchase of
361the current homestead property, if submitted to the electors of
362this state for approval or rejection at a special election
363authorized by law to be held on the date of the 2012
364presidential preference primary, shall take effect upon approval
365by the electors and operate retroactively to January 1, 2012,
366and the additional homestead exemption shall be available for
367properties purchased on or after January 1, 2011, or if
368submitted to the electors of this state for approval or
369rejection at the 2012 general election, shall take effect
370January 1, 2013, and the additional homestead exemption shall be
371available for properties purchased on or after January 1, 2012.
372     BE IT FURTHER RESOLVED that the following statement be
373placed 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
378FOR NONHOMESTEAD ASSESSMENT INCREASES; DELAY OF SCHEDULED
379REPEAL.-
380     (1)  In certain circumstances, the law requires the
381assessed value of homestead and specified nonhomestead property
382to increase when the just value of the property decreases.
383Therefore, this amendment provides that the Legislature may, by
384general law, provide that the assessment of homestead and
385specified nonhomestead property may not increase if the just
386value of that property is less than the just value of the
387property on the preceding January 1, subject to any adjustment
388in the assessed value due to changes, additions, reductions, or
389improvements to such property which are assessed as provided for
390by general law. This amendment takes effect upon approval by the
391voters. If approved at a special election held on the date of
392the 2012 presidential preference primary, it shall operate
393retroactively to January 1, 2012, or, if approved at the 2012
394general election, shall take effect January 1, 2013.
395     (2)  This amendment reduces from 10 percent to 5 percent
396the limitation on annual changes in assessments of nonhomestead
397real property. This amendment takes effect upon approval of the
398voters. If approved at a special election held on the date of
399the 2012 presidential preference primary, it shall operate
400retroactively to January 1, 2012, or, if approved at the 2012
401general election, takes effect January 1, 2013.
402     (3)  This amendment also authorizes general law to provide,
403subject to conditions specified in such law, an additional
404homestead exemption to every person who establishes the right to
405receive the homestead exemption provided in the Florida
406Constitution within 1 year after purchasing the homestead
407property and who has not owned property in the previous 3
408calendar years to which the Florida homestead exemption applied.
409The additional homestead exemption shall apply to all levies
410except school district levies. The additional exemption is an
411amount equal to 50 percent of the homestead property's just
412value on January 1 of the year the homestead is established. The
413additional homestead exemption may not exceed an amount equal to
414the median just value of all homestead property within the
415county where the property at issue is located for the calendar
416year immediately preceding January 1 of the year the homestead
417is established. The additional exemption shall apply for the
418shorter of 5 years or the year of sale of the property. The
419amount of the additional exemption shall be reduced in each
420subsequent year by an amount equal to 20 percent of the amount
421of the additional exemption received in the year the homestead
422was established or by an amount equal to the difference between
423the just value of the property and the assessed value of the
424property determined under section 4(d), whichever is greater.
425Not more than one exemption provided under this subsection shall
426be allowed per homestead property at one time. The additional
427exemption applies to property purchased on or after January 1,
4282011, if approved by the voters at a special election held on
429the date of the 2012 presidential preference primary, or to
430property purchased on or after January 1, 2012, if approved by
431the voters at the 2012 general election. The additional
432exemption is not available in the sixth and subsequent years
433after it is first received. The amendment shall take effect upon
434approval by the voters. If approved at a special election held
435on the date of the 2012 presidential preference primary, it
436shall operate retroactively to January 1, 2012, or, if approved
437at the 2012 general election, takes effect January 1, 2013.
438     (4)  This amendment also delays until 2023, the repeal,
439currently scheduled to take effect in 2019, of constitutional
440amendments adopted in 2008 which limit annual assessment
441increases for specified nonhomestead real property. The
442amendment delays until 2022 the submission of such repeal to the
443voters.
444
445
446
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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
450A joint resolution proposing amendments to Sections 4
451and 6 of Article VII and Section 27 of Article XII and
452the creation of Sections 32 and 33 of Article XII of
453the State Constitution to allow the Legislature by
454general law to prohibit increases in the assessed
455value of homestead and specified nonhomestead property
456if the just value of the property decreases, reduce
457the limitation on annual assessment increases
458applicable to nonhomestead real property, provide an
459additional homestead exemption for owners of homestead
460property who have not owned homestead property for a
461specified time before purchase of the current
462homestead property, and application and limitations
463with respect thereto, delay the future repeal of
464provisions limiting annual assessment increases for
465specified nonhomestead real property, and provide
466effective dates.


CODING: Words stricken are deletions; words underlined are additions.