Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SJR 170
       
       
       
       
       
       
                                Ì308918IÎ308918                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/11/2016           .                                
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       The Committee on Finance and Tax (Flores) recommended the
       following:
       
    1         Senate Amendment (with ballot and title amendments)
    2  
    3         Delete lines 78 - 288
    4  and insert:
    5         (2) The assessed value of a renewable energy source device
    6  shall be exempt from the tangible personal property tax.
    7         (f) There shall be granted an ad valorem tax exemption for
    8  real property dedicated in perpetuity for conservation purposes,
    9  including real property encumbered by perpetual conservation
   10  easements or by other perpetual conservation protections, as
   11  defined by general law.
   12         (g) By general law and subject to the conditions specified
   13  therein, each person who receives a homestead exemption as
   14  provided in section 6 of this article; who was a member of the
   15  United States military or military reserves, the United States
   16  Coast Guard or its reserves, or the Florida National Guard; and
   17  who was deployed during the preceding calendar year on active
   18  duty outside the continental United States, Alaska, or Hawaii in
   19  support of military operations designated by the legislature
   20  shall receive an additional exemption equal to a percentage of
   21  the taxable value of his or her homestead property. The
   22  applicable percentage shall be calculated as the number of days
   23  during the preceding calendar year the person was deployed on
   24  active duty outside the continental United States, Alaska, or
   25  Hawaii in support of military operations designated by the
   26  legislature divided by the number of days in that year.
   27         SECTION 4. Taxation; assessments.—By general law
   28  regulations shall be prescribed which shall secure a just
   29  valuation of all property for ad valorem taxation, provided:
   30         (a) Agricultural land, land producing high water recharge
   31  to Florida’s aquifers, or land used exclusively for
   32  noncommercial recreational purposes may be classified by general
   33  law and assessed solely on the basis of character or use.
   34         (b) As provided by general law and subject to conditions,
   35  limitations, and reasonable definitions specified therein, land
   36  used for conservation purposes shall be classified by general
   37  law and assessed solely on the basis of character or use.
   38         (c) Pursuant to general law tangible personal property held
   39  for sale as stock in trade and livestock may be valued for
   40  taxation at a specified percentage of its value, may be
   41  classified for tax purposes, or may be exempted from taxation.
   42         (d) All persons entitled to a homestead exemption under
   43  Section 6 of this Article shall have their homestead assessed at
   44  just value as of January 1 of the year following the effective
   45  date of this amendment. This assessment shall change only as
   46  provided in this subsection.
   47         (1) Assessments subject to this subsection shall be changed
   48  annually on January 1st of each year; but those changes in
   49  assessments shall not exceed the lower of the following:
   50         a. Three percent (3%) of the assessment for the prior year.
   51         b. The percent change in the Consumer Price Index for all
   52  urban consumers, U.S. City Average, all items 1967=100, or
   53  successor reports for the preceding calendar year as initially
   54  reported by the United States Department of Labor, Bureau of
   55  Labor Statistics.
   56         (2) No assessment shall exceed just value.
   57         (3) After any change of ownership, as provided by general
   58  law, homestead property shall be assessed at just value as of
   59  January 1 of the following year, unless the provisions of
   60  paragraph (8) apply. Thereafter, the homestead shall be assessed
   61  as provided in this subsection.
   62         (4) New homestead property shall be assessed at just value
   63  as of January 1st of the year following the establishment of the
   64  homestead, unless the provisions of paragraph (8) apply. That
   65  assessment shall only change as provided in this subsection.
   66         (5) Changes, additions, reductions, or improvements to
   67  homestead property shall be assessed as provided for by general
   68  law; provided, however, after the adjustment for any change,
   69  addition, reduction, or improvement, the property shall be
   70  assessed as provided in this subsection.
   71         (6) In the event of a termination of homestead status, the
   72  property shall be assessed as provided by general law.
   73         (7) The provisions of this amendment are severable. If any
   74  of the provisions of this amendment shall be held
   75  unconstitutional by any court of competent jurisdiction, the
   76  decision of such court shall not affect or impair any remaining
   77  provisions of this amendment.
   78         (8)a. A person who establishes a new homestead as of
   79  January 1, 2009, or January 1 of any subsequent year and who has
   80  received a homestead exemption pursuant to Section 6 of this
   81  Article as of January 1 of either of the two years immediately
   82  preceding the establishment of the new homestead is entitled to
   83  have the new homestead assessed at less than just value. If this
   84  revision is approved in January of 2008, a person who
   85  establishes a new homestead as of January 1, 2008, is entitled
   86  to have the new homestead assessed at less than just value only
   87  if that person received a homestead exemption on January 1,
   88  2007. The assessed value of the newly established homestead
   89  shall be determined as follows:
   90         1. If the just value of the new homestead is greater than
   91  or equal to the just value of the prior homestead as of January
   92  1 of the year in which the prior homestead was abandoned, the
   93  assessed value of the new homestead shall be the just value of
   94  the new homestead minus an amount equal to the lesser of
   95  $500,000 or the difference between the just value and the
   96  assessed value of the prior homestead as of January 1 of the
   97  year in which the prior homestead was abandoned. Thereafter, the
   98  homestead shall be assessed as provided in this subsection.
   99         2. If the just value of the new homestead is less than the
  100  just value of the prior homestead as of January 1 of the year in
  101  which the prior homestead was abandoned, the assessed value of
  102  the new homestead shall be equal to the just value of the new
  103  homestead divided by the just value of the prior homestead and
  104  multiplied by the assessed value of the prior homestead.
  105  However, if the difference between the just value of the new
  106  homestead and the assessed value of the new homestead calculated
  107  pursuant to this sub-subparagraph is greater than $500,000, the
  108  assessed value of the new homestead shall be increased so that
  109  the difference between the just value and the assessed value
  110  equals $500,000. Thereafter, the homestead shall be assessed as
  111  provided in this subsection.
  112         b. By general law and subject to conditions specified
  113  therein, the legislature shall provide for application of this
  114  paragraph to property owned by more than one person.
  115         (e) The legislature may, by general law, for assessment
  116  purposes and subject to the provisions of this subsection, allow
  117  counties and municipalities to authorize by ordinance that
  118  historic property may be assessed solely on the basis of
  119  character or use. Such character or use assessment shall apply
  120  only to the jurisdiction adopting the ordinance. The
  121  requirements for eligible properties must be specified by
  122  general law.
  123         (f) A county may, in the manner prescribed by general law,
  124  provide for a reduction in the assessed value of homestead
  125  property to the extent of any increase in the assessed value of
  126  that property which results from the construction or
  127  reconstruction of the property for the purpose of providing
  128  living quarters for one or more natural or adoptive grandparents
  129  or parents of the owner of the property or of the owner’s spouse
  130  if at least one of the grandparents or parents for whom the
  131  living quarters are provided is 62 years of age or older. Such a
  132  reduction may not exceed the lesser of the following:
  133         (1) The increase in assessed value resulting from
  134  construction or reconstruction of the property.
  135         (2) Twenty percent of the total assessed value of the
  136  property as improved.
  137         (g) For all levies other than school district levies,
  138  assessments of residential real property, as defined by general
  139  law, which contains nine units or fewer and which is not subject
  140  to the assessment limitations set forth in subsections (a)
  141  through (d) shall change only as provided in this subsection.
  142         (1) Assessments subject to this subsection shall be changed
  143  annually on the date of assessment provided by law; but those
  144  changes in assessments shall not exceed ten percent (10%) of the
  145  assessment for the prior year.
  146         (2) No assessment shall exceed just value.
  147         (3) After a change of ownership or control, as defined by
  148  general law, including any change of ownership of a legal entity
  149  that owns the property, such property shall be assessed at just
  150  value as of the next assessment date. Thereafter, such property
  151  shall be assessed as provided in this subsection.
  152         (4) Changes, additions, reductions, or improvements to such
  153  property shall be assessed as provided for by general law;
  154  however, after the adjustment for any change, addition,
  155  reduction, or improvement, the property shall be assessed as
  156  provided in this subsection.
  157         (h) For all levies other than school district levies,
  158  assessments of real property that is not subject to the
  159  assessment limitations set forth in subsections (a) through (d)
  160  and (g) shall change only as provided in this subsection.
  161         (1) Assessments subject to this subsection shall be changed
  162  annually on the date of assessment provided by law; but those
  163  changes in assessments shall not exceed ten percent (10%) of the
  164  assessment for the prior year.
  165         (2) No assessment shall exceed just value.
  166         (3) The legislature must provide that such property shall
  167  be assessed at just value as of the next assessment date after a
  168  qualifying improvement, as defined by general law, is made to
  169  such property. Thereafter, such property shall be assessed as
  170  provided in this subsection.
  171         (4) The legislature may provide that such property shall be
  172  assessed at just value as of the next assessment date after a
  173  change of ownership or control, as defined by general law,
  174  including any change of ownership of the legal entity that owns
  175  the property. Thereafter, such property shall be assessed as
  176  provided in this subsection.
  177         (5) Changes, additions, reductions, or improvements to such
  178  property shall be assessed as provided for by general law;
  179  however, after the adjustment for any change, addition,
  180  reduction, or improvement, the property shall be assessed as
  181  provided in this subsection.
  182         (i) The legislature, by general law and subject to
  183  conditions specified therein, may prohibit the consideration of
  184  the following in the determination of the assessed value of real
  185  property used for residential purposes:
  186         (1) Any change or improvement to real property used for
  187  residential purposes made to improve for the purpose of
  188  improving the property’s resistance to wind damage.
  189         (2) The installation of a renewable energy source device.
  190         (j)(1) The assessment of the following working waterfront
  191  properties shall be based upon the current use of the property:
  192         a. Land used predominantly for commercial fishing purposes.
  193         b. Land that is accessible to the public and used for
  194  vessel launches into waters that are navigable.
  195         c. Marinas and drystacks that are open to the public.
  196         d. Water-dependent marine manufacturing facilities,
  197  commercial fishing facilities, and marine vessel construction
  198  and repair facilities and their support activities.
  199         (2) The assessment benefit provided by this subsection is
  200  subject to conditions and limitations and reasonable definitions
  201  as specified by the legislature by general law.
  202                             ARTICLE XII                           
  203                              SCHEDULE                             
  204         SECTION 34. Renewable energy source devices; exemption from
  205  certain taxation and assessment.—This section, the amendment to
  206  subsection (e) of Section 3 of Article VII requiring the
  207  legislature, by general law, to exempt the assessed value of a
  208  renewable energy source device from the tangible personal
  209  property tax, and the amendment to subsection (i) of Section 4
  210  of Article VII allowing the legislature, by general law, to
  211  prohibit the consideration of the installation of a renewable
  212  energy source device in determining the assessed
  213  
  214  ====== B A L L O T  S T A T E M E N T  A M E N D M E N T ======
  215  And the ballot statement is amended as follows:
  216         Delete lines 304 - 310
  217  and insert:
  218         RENEWABLE ENERGY SOURCE DEVICES; EXEMPTION FROM CERTAIN
  219  TAXATION AND ASSESSMENT.—Proposing an amendment to the State
  220  Constitution to require the Legislature to exempt the assessed
  221  value of a renewable energy source device from the tangible
  222  personal property tax and allow the Legislature to prohibit
  223  consideration of the installation of such device in determining
  224  the
  225  
  226  ================= T I T L E  A M E N D M E N T ================
  227  And the title is amended as follows:
  228         Delete lines 6 - 10
  229  and insert:
  230         value of a renewable energy source device from the
  231         tangible personal property tax, to allow the
  232         Legislature, by general law, to prohibit the
  233         consideration of the installation of such device in
  234         determining the assessed value