Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SJR 314
       
       
       
       
       
       
                                Barcode 604800                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  11/14/2011           .                                
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       The Committee on Community Affairs (Richter) recommended the
       following:
    1         Senate Amendment 
    2  
    3         Delete lines 156 - 406
    4  and insert:
    5         (1) Assessments subject to this subsection shall be changed
    6  annually on the date of assessment provided by law. However,;
    7  but those changes in assessments may shall not exceed 5 ten
    8  percent (10%) of the assessment for the prior year. The
    9  legislature may provide by general law that, except for changes,
   10  additions, reductions, or improvements to property assessed as
   11  provided in paragraph (4), an assessment may not increase if the
   12  just value of the property is less than the just value of the
   13  property on the preceding date of assessment provided by law.
   14         (2) An No assessment may not shall exceed just value.
   15         (3) After a change of ownership or control, as defined by
   16  general law, including any change of ownership of a legal entity
   17  that owns the property, such property shall be assessed at just
   18  value as of the next assessment date. Thereafter, such property
   19  shall be assessed as provided in this subsection.
   20         (4) Changes, additions, reductions, or improvements to such
   21  property shall be assessed as provided for by general law.;
   22  However, after the adjustment for any change, addition,
   23  reduction, or improvement, the property shall be assessed as
   24  provided in this subsection.
   25         (5) A parcel of property assessed pursuant to this
   26  subsection shall be assessed at just value every fifth year.
   27         (h) For all levies other than school district levies,
   28  assessments of real property that is not subject to the
   29  assessment limitations set forth in subsections (a) through (d)
   30  and (g) shall change only as provided in this subsection.
   31         (1) Assessments subject to this subsection shall be changed
   32  annually on the date of assessment provided by law. However,;
   33  but those changes in assessments may shall not exceed 5 ten
   34  percent (10%) of the assessment for the prior year. The
   35  legislature may provide by general law that, except for changes,
   36  additions, reductions, or improvements to property assessed as
   37  provided in paragraph (5), an assessment may not increase if the
   38  just value of the property is less than the just value of the
   39  property on the preceding date of assessment provided by law.
   40         (2) An No assessment may not shall exceed just value.
   41         (3) The legislature must provide that such property shall
   42  be assessed at just value as of the next assessment date after a
   43  qualifying improvement, as defined by general law, is made to
   44  such property. Thereafter, such property shall be assessed as
   45  provided in this subsection.
   46         (4) The legislature may provide that such property shall be
   47  assessed at just value as of the next assessment date after a
   48  change of ownership or control, as defined by general law,
   49  including any change of ownership of the legal entity that owns
   50  the property. Thereafter, such property shall be assessed as
   51  provided in this subsection.
   52         (5) Changes, additions, reductions, or improvements to such
   53  property shall be assessed as provided for by general law.;
   54  However, after the adjustment for any change, addition,
   55  reduction, or improvement, the property shall be assessed as
   56  provided in this subsection.
   57         (6) A parcel of property assessed pursuant to this
   58  subsection shall be assessed at just value every fifth year.
   59         (i) The legislature, by general law and subject to
   60  conditions specified therein, may prohibit the consideration of
   61  the following in the determination of the assessed value of real
   62  property used for residential purposes:
   63         (1) Any change or improvement made for the purpose of
   64  improving the property’s resistance to wind damage.
   65         (2) The installation of a renewable energy source device.
   66         (j)(1) The assessment of the following working waterfront
   67  properties shall be based upon the current use of the property:
   68         a. Land used predominantly for commercial fishing purposes.
   69         b. Land that is accessible to the public and used for
   70  vessel launches into waters that are navigable.
   71         c. Marinas and drystacks that are open to the public.
   72         d. Water-dependent marine manufacturing facilities,
   73  commercial fishing facilities, and marine vessel construction
   74  and repair facilities and their support activities.
   75         (2) The assessment benefit provided by this subsection is
   76  subject to conditions and limitations and reasonable definitions
   77  as specified by the legislature by general law.
   78         SECTION 6. Homestead exemptions.—
   79         (a) Every person who has the legal or equitable title to
   80  real estate and maintains thereon the permanent residence of the
   81  owner, or another legally or naturally dependent upon the owner,
   82  shall be exempt from taxation thereon, except assessments for
   83  special benefits, up to the assessed valuation of $25,000
   84  twenty-five thousand dollars and, for all levies other than
   85  school district levies, on the assessed valuation greater than
   86  $50,000 fifty thousand dollars and up to $75,000 seventy-five
   87  thousand dollars, upon establishment of right thereto in the
   88  manner prescribed by law. The real estate may be held by legal
   89  or equitable title, by the entireties, jointly, in common, as a
   90  condominium, or indirectly by stock ownership or membership
   91  representing the owner’s or member’s proprietary interest in a
   92  corporation owning a fee or a leasehold initially in excess of
   93  98 ninety-eight years. The exemption shall not apply with
   94  respect to any assessment roll until such roll is first
   95  determined to be in compliance with the provisions of Section 4
   96  by a state agency designated by general law. This exemption is
   97  repealed on the effective date of any amendment to this Article
   98  which provides for the assessment of homestead property at less
   99  than just value.
  100         (b) Not more than one exemption under subsection (a) and
  101  one exemption under subsection (f) shall be allowed any
  102  individual or family unit or with respect to any residential
  103  unit. No exemption shall exceed the value of the real estate
  104  assessable to the owner or, in case of ownership through stock
  105  or membership in a corporation, the value of the proportion
  106  which the interest in the corporation bears to the assessed
  107  value of the property.
  108         (c) By general law and subject to conditions specified
  109  therein, the legislature may provide to renters, who are
  110  permanent residents, ad valorem tax relief on all ad valorem tax
  111  levies. Such ad valorem tax relief shall be in the form and
  112  amount established by general law.
  113         (d) The legislature may, by general law, allow counties or
  114  municipalities, for the purpose of their respective tax levies
  115  and subject to the provisions of general law, to grant an
  116  additional homestead tax exemption not exceeding $50,000 fifty
  117  thousand dollars to any person who has the legal or equitable
  118  title to real estate and maintains thereon the permanent
  119  residence of the owner and who has attained age 65 sixty-five
  120  and whose household income, as defined by general law, does not
  121  exceed $20,000 twenty thousand dollars. The general law must
  122  allow counties and municipalities to grant this additional
  123  exemption, within the limits prescribed in this subsection, by
  124  ordinance adopted in the manner prescribed by general law, and
  125  must provide for the periodic adjustment of the income
  126  limitation prescribed in this subsection for changes in the cost
  127  of living.
  128         (e) Each veteran who is age 65 or older who is partially or
  129  totally permanently disabled shall receive a discount from the
  130  amount of the ad valorem tax otherwise owed on homestead
  131  property the veteran owns and resides in if the disability was
  132  combat related, the veteran was a resident of this state at the
  133  time of entering the military service of the United States, and
  134  the veteran was honorably discharged upon separation from
  135  military service. The discount shall be in a percentage equal to
  136  the percentage of the veteran’s permanent, service-connected
  137  disability as determined by the United States Department of
  138  Veterans Affairs. To qualify for the discount granted by this
  139  subsection, an applicant must submit to the county property
  140  appraiser, by March 1, proof of residency at the time of
  141  entering military service, an official letter from the United
  142  States Department of Veterans Affairs stating the percentage of
  143  the veteran’s service-connected disability and such evidence
  144  that reasonably identifies the disability as combat related, and
  145  a copy of the veteran’s honorable discharge. If the property
  146  appraiser denies the request for a discount, the appraiser must
  147  notify the applicant in writing of the reasons for the denial,
  148  and the veteran may reapply. The legislature may, by general
  149  law, waive the annual application requirement in subsequent
  150  years. This subsection shall take effect December 7, 2006, is
  151  self-executing, and does not require implementing legislation.
  152         (f) Every person who has established the right to receive
  153  the homestead exemption provided in subsection (a) is entitled
  154  to an additional homestead exemption for all levies other than
  155  school district levies in an amount equal to 30 percent of the
  156  homestead property’s just value in excess of $75,000 but less
  157  than or equal to $200,000, plus 15 percent of the homestead
  158  property’s just value in excess of $200,000 but less than or
  159  equal to $400,000. The value of the additional homestead
  160  exemption shall be reduced by the difference between the just
  161  value of the property and the assessed value of the property
  162  determined under Section 4(d). By general law, the legislature
  163  may adjust the percent of just value or the maximum and minimum
  164  levels of just value used to calculate the additional homestead
  165  exemption, but may not reduce the value of the additional
  166  exemption below the value established in this subsection.
  167                             ARTICLE XII                           
  168                              SCHEDULE                             
  169         SECTION 27. Property tax exemptions and limitations on
  170  property tax assessments.—The amendments to Sections 3, 4, and 6
  171  of Article VII, providing a $25,000 exemption for tangible
  172  personal property, providing an additional $25,000 homestead
  173  exemption, authorizing transfer of the accrued benefit from the
  174  limitations on the assessment of homestead property, and this
  175  section, if submitted to the electors of this state for approval
  176  or rejection at a special election authorized by law to be held
  177  on January 29, 2008, shall take effect upon approval by the
  178  electors and shall operate retroactively to January 1, 2008, or,
  179  if submitted to the electors of this state for approval or
  180  rejection at the next general election, shall take effect
  181  January 1 of the year following such general election. The
  182  amendments to Section 4 of Article VII creating subsections (g)
  183  (f) and (h) (g) of that section, creating a limitation on annual
  184  assessment increases for specified real property, shall take
  185  effect upon approval of the electors and shall first limit
  186  assessments beginning January 1, 2009, if approved at a special
  187  election held on January 29, 2008, or shall first limit
  188  assessments beginning January 1, 2010, if approved at the
  189  general election held in November of 2008. Subsections (g) (f)
  190  and (h) (g) of Section 4 of Article VII are repealed effective
  191  January 1, 2023 2019; however, the legislature shall by joint
  192  resolution propose an amendment abrogating the repeal of
  193  subsections (g) (f) and (h) (g), which shall be submitted to the
  194  electors of this state for approval or rejection at the general
  195  election of 2022 2018 and, if approved, shall take effect
  196  January 1, 2023 2019.
  197         Property assessments.—This section and the amendments to
  198  Section 4 of Article VII authorizing the legislature to prohibit
  199  increases in the assessed value of homestead property that has a
  200  declining just value and reducing the limit on the maximum
  201  annual increase in the assessed value of nonhomestead property
  202  from 10 percent to 5 percent shall take effect January 1, 2013.
  203         Additional homestead exemption.—This section and the
  204  amendment to Section 6 of Article VII providing for an
  205  additional homestead exemption shall take effect January 1,
  206  2013.
  207         BE IT FURTHER RESOLVED that the following statement be
  208  placed on the ballot:
  209                      CONSTITUTIONAL AMENDMENT                     
  210                     ARTICLE VII, SECTIONS 4, 6                    
  211                       ARTICLE XII, SECTION 27                     
  212         PROPERTY TAX LIMITATIONS; ADDITIONAL HOMESTEAD EXEMPTION.—
  213         (1) In certain circumstances, the law requires the assessed
  214  value of real property to increase when the just value of the
  215  property is greater than its assessed value. This amendment
  216  authorizes the Legislature, by general law, to prohibit such
  217  increase in the assessment of property whose just value is less
  218  than its just value on the preceding assessment date. This
  219  amendment takes effect January 1, 2013.
  220         (2) The State Constitution generally limits increases in
  221  the assessed value of nonhomestead real property for property
  222  tax purposes to 10 percent annually. This amendment reduces that
  223  limit to 5 percent. The amendment also provides for the property
  224  to be assessed at just value in the fifth year after receiving
  225  the benefit of the assessment limitation for 4 consecutive
  226  years. This amendment takes effect January 1, 2013.
  227         (3) This amendment also provides owners of homestead
  228  property an additional homestead exemption for all levies other
  229  than school district levies in an amount equal to 30 percent of
  230  the homestead property’s just value between $75,000 and
  231  $200,000, plus 15 percent of the homestead property’s just value
  232  between $200,000 and $400,000. The Legislature may adjust the
  233  amount of the additional homestead exemption but may not reduce
  234  it below what is provided in this amendment. The value of the
  235  additional homestead exemption shall be reduced by the
  236  difference between the just value of the property and its
  237  assessed value. The amendment takes effect January 1, 2013.