CS/CS/HJR 381

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

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