1 | House Joint Resolution |
2 | A joint resolution proposing an amendment to Section 4 of |
3 | Article VII of the State Constitution to authorize |
4 | counties and municipalities to limit the assessed value of |
5 | the homesteads of certain low-income senior citizens. |
6 |
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7 | Be It Resolved by the Legislature of the State of Florida: |
8 |
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9 | That the following amendment to Section 4 of Article VII of |
10 | the State Constitution is agreed to and shall be submitted to |
11 | the electors of this state for approval or rejection at the next |
12 | general election or at an earlier special election specifically |
13 | authorized by law for that purpose: |
14 | ARTICLE VII |
15 | FINANCE AND TAXATION |
16 | SECTION 4. Taxation; assessments.-By general law |
17 | regulations shall be prescribed which shall secure a just |
18 | valuation of all property for ad valorem taxation, provided: |
19 | (a) Agricultural land, land producing high water recharge |
20 | to Florida's aquifers, or land used exclusively for |
21 | noncommercial recreational purposes may be classified by general |
22 | law and assessed solely on the basis of character or use. |
23 | (b) As provided by general law and subject to conditions, |
24 | limitations, and reasonable definitions specified therein, land |
25 | used for conservation purposes shall be classified by general |
26 | law and assessed solely on the basis of character or use. |
27 | (c) Pursuant to general law tangible personal property |
28 | held for sale as stock in trade and livestock may be valued for |
29 | taxation at a specified percentage of its value, may be |
30 | classified for tax purposes, or may be exempted from taxation. |
31 | (d) All persons entitled to a homestead exemption under |
32 | Section 6 of this Article shall have their homestead assessed at |
33 | just value as of January 1 of the year following the effective |
34 | date of this amendment. This assessment shall change only as |
35 | provided in this subsection. |
36 | (1) Except as provided in paragraph (2), assessments |
37 | subject to this subsection shall be changed annually on January |
38 | 1 1st of each year; but those changes in assessments shall not |
39 | exceed the lower of the following: |
40 | a. Three percent (3%) of the assessment for the prior |
41 | year. |
42 | b. The percent change in the Consumer Price Index for all |
43 | urban consumers, U.S. City Average, all items 1967=100, or |
44 | successor reports for the preceding calendar year as initially |
45 | reported by the United States Department of Labor, Bureau of |
46 | Labor Statistics. |
47 | (2) The legislature may, by general law, allow counties or |
48 | municipalities, for the purpose of their respective tax levies |
49 | and subject to the provisions of general law, to limit |
50 | assessments on homestead property subject to the additional |
51 | homestead tax exemption under Section 6(d) to the assessed value |
52 | of the property in the prior year if the just value of the |
53 | property is equal to or less than one hundred fifty percent of |
54 | the average just value of homestead property within the |
55 | respective county or municipality. The general law must allow |
56 | counties and municipalities to provide this limitation by |
57 | ordinance adopted in the manner prescribed by general law, |
58 | specify the state agency designated to calculate the average |
59 | just value of homestead property within each county and |
60 | municipality, and provide that such agency annually supply that |
61 | information to each property appraiser. The calculation shall be |
62 | based on the prior year's tax roll of each county. |
63 | (3)(2) No assessment shall exceed just value. |
64 | (4)(3) After 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 (9) (8) apply. Thereafter, the homestead shall be |
68 | assessed as provided in this subsection. |
69 | (5)(4) New homestead property shall be assessed at just |
70 | value as of January 1 1st of the year following the |
71 | establishment of the homestead, unless the provisions of |
72 | paragraph (9) (8) apply. That assessment shall only change as |
73 | provided in this subsection. |
74 | (6)(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 | (7)(6) In the event of a termination of homestead status, |
80 | the property shall be assessed as provided by general law. |
81 | (8)(7) The provisions of this amendment are severable. If |
82 | any of the provisions of this amendment shall be held |
83 | unconstitutional by any court of competent jurisdiction, the |
84 | decision of such court shall not affect or impair any remaining |
85 | provisions of this amendment. |
86 | (9)(8)a. A person who establishes a new homestead as of |
87 | January 1, 2009, or January 1 of any subsequent year and who has |
88 | received a homestead exemption pursuant to Section 6 of this |
89 | Article as of January 1 of either of the two years immediately |
90 | preceding the establishment of the new homestead is entitled to |
91 | have the new homestead assessed at less than just value. If this |
92 | revision is approved in January of 2008, a person who |
93 | establishes a new homestead as of January 1, 2008, is entitled |
94 | to have the new homestead assessed at less than just value only |
95 | if that person received a homestead exemption on January 1, |
96 | 2007. The assessed value of the newly established homestead |
97 | shall be determined as follows: |
98 | 1. If the just value of the new homestead is greater than |
99 | or equal to the just value of the prior homestead as of January |
100 | 1 of the year in which the prior homestead was abandoned, the |
101 | assessed value of the new homestead shall be the just value of |
102 | the new homestead minus an amount equal to the lesser of |
103 | $500,000 or the difference between the just value and the |
104 | assessed value of the prior homestead as of January 1 of the |
105 | year in which the prior homestead was abandoned. Thereafter, the |
106 | homestead shall be assessed as provided in this subsection. |
107 | 2. If the just value of the new homestead is less than the |
108 | just value of the prior homestead as of January 1 of the year in |
109 | which the prior homestead was abandoned, the assessed value of |
110 | the new homestead shall be equal to the just value of the new |
111 | homestead divided by the just value of the prior homestead and |
112 | multiplied by the assessed value of the prior homestead. |
113 | However, if the difference between the just value of the new |
114 | homestead and the assessed value of the new homestead calculated |
115 | pursuant to this sub-subparagraph is greater than $500,000, the |
116 | assessed value of the new homestead shall be increased so that |
117 | the difference between the just value and the assessed value |
118 | equals $500,000. Thereafter, the homestead shall be assessed as |
119 | provided in this subsection. |
120 | b. By general law and subject to conditions specified |
121 | therein, the Legislature shall provide for application of this |
122 | paragraph to property owned by more than one person. |
123 | (e) The legislature may, by general law, for assessment |
124 | purposes and subject to the provisions of this subsection, allow |
125 | counties and municipalities to authorize by ordinance that |
126 | historic property may be assessed solely on the basis of |
127 | character or use. Such character or use assessment shall apply |
128 | only to the jurisdiction adopting the ordinance. The |
129 | requirements for eligible properties must be specified by |
130 | general law. |
131 | (f) A county may, in the manner prescribed by general law, |
132 | provide for a reduction in the assessed value of homestead |
133 | property to the extent of any increase in the assessed value of |
134 | that property which results from the construction or |
135 | reconstruction of the property for the purpose of providing |
136 | living quarters for one or more natural or adoptive grandparents |
137 | or parents of the owner of the property or of the owner's spouse |
138 | if at least one of the grandparents or parents for whom the |
139 | living quarters are provided is 62 years of age or older. Such a |
140 | reduction may not exceed the lesser of the following: |
141 | (1) The increase in assessed value resulting from |
142 | construction or reconstruction of the property. |
143 | (2) Twenty percent of the total assessed value of the |
144 | property as improved. |
145 | (g) For all levies other than school district levies, |
146 | assessments of residential real property, as defined by general |
147 | law, which contains nine units or fewer and which is not subject |
148 | to the assessment limitations set forth in subsections (a) |
149 | through (d) shall change only as provided in this subsection. |
150 | (1) Assessments subject to this subsection shall be |
151 | changed annually on the date of assessment provided by law; but |
152 | those changes in assessments shall not exceed ten percent (10%) |
153 | of the assessment for the prior year. |
154 | (2) No assessment shall exceed just value. |
155 | (3) After a change of ownership or control, as defined by |
156 | general law, including any change of ownership of a legal entity |
157 | that owns the property, such property shall be assessed at just |
158 | value as of the next assessment date. Thereafter, such property |
159 | shall be assessed as provided in this subsection. |
160 | (4) Changes, additions, reductions, or improvements to |
161 | such property shall be assessed as provided for by general law; |
162 | however, after the adjustment for any change, addition, |
163 | reduction, or improvement, the property shall be assessed as |
164 | provided in this subsection. |
165 | (h) For all levies other than school district levies, |
166 | assessments of real property that is not subject to the |
167 | assessment limitations set forth in subsections (a) through (d) |
168 | and (g) shall change only as provided in this subsection. |
169 | (1) Assessments subject to this subsection shall be |
170 | changed annually on the date of assessment provided by law; but |
171 | those changes in assessments shall not exceed ten percent (10%) |
172 | of the assessment for the prior year. |
173 | (2) No assessment 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 | BE IT FURTHER RESOLVED that the following statement be |
211 | placed on the ballot: |
212 | CONSTITUTIONAL AMENDMENT |
213 | ARTICLE VII, SECTION 4 |
214 | ASSESSMENT OF HOMESTEAD PROPERTY OWNED BY LOW-INCOME SENIOR |
215 | CITIZENS.-Currently, counties and municipalities may grant an |
216 | additional homestead exemption to a person who is 65 years of |
217 | age or older and who has a household income of $20,000 or less. |
218 | This proposed amendment to the State Constitution authorizes |
219 | counties and municipalities to limit the assessments of the |
220 | homesteads of persons receiving such additional exemption to the |
221 | assessed value of the property in the prior year if the just |
222 | value of the property is equal to or less than 150 percent of |
223 | the average just value of homestead property in the respective |
224 | county or municipality. As such, if authorized by a county or |
225 | municipality, these individuals will not be required to pay more |
226 | county or municipal ad valorem taxes than they paid in the prior |
227 | year as the result of an increase in the value of their |
228 | homesteads. |