Florida Senate - 2018 SJR 136 By Senator Steube 23-00073-18 2018136__ 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to Section 4 3 of Article VII and the creation of a new section in 4 Article XII of the State Constitution authorizing the 5 Legislature to exempt certain manufacturing equipment 6 from the tangible personal property tax or permitting 7 such equipment to be assessed at less than just value 8 pursuant to an accelerated depreciation method 9 established by general law, and providing an effective 10 date. 11 12 Be It Resolved by the Legislature of the State of Florida: 13 14 That the following amendment to Section 4 of Article VII 15 and the creation of a new section in Article XII of the State 16 Constitution are agreed to and shall be submitted to the 17 electors of this state for approval or rejection at the next 18 general election or at an earlier special election specifically 19 authorized by law for that purpose: 20 ARTICLE VII 21 FINANCE AND TAXATION 22 SECTION 4. Taxation; assessments.— 23 By general law regulations shall be prescribed which shall 24 secure a just valuation of all property for ad valorem taxation, 25 provided: 26 (a) Agricultural land, land producing high water recharge 27 to Florida’s aquifers, or land used exclusively for 28 noncommercial recreational purposes may be classified by general 29 law and assessed solely on the basis of character or use. 30 (b) As provided by general law and subject to conditions, 31 limitations, and reasonable definitions specified therein, land 32 used for conservation purposes shall be classified by general 33 law and assessed solely on the basis of character or use. 34 (c) Pursuant to general law, tangible personal property: 35 (1) Held for sale as stock in trade and livestock may be 36 valued for taxation at a specified percentage of its value, may 37 be classified for tax purposes, or may be exempted from 38 taxation. 39 (2) In the form of manufacturing equipment, as defined by 40 general law, which is used by a business primarily engaged in 41 manufacturing may be exempted from taxation or may be assessed 42 at less than just value pursuant to a method of accelerated 43 depreciation established by general law. 44 (d) All persons entitled to a homestead exemption under 45 Section 6 of this Article shall have their homestead assessed at 46 just value as of January 1 of the year following the effective 47 date of this amendment. This assessment shall change only as 48 provided in this subsection. 49 (1) Assessments subject to this subsection shall be changed 50 annually on January 1st of each year; but those changes in 51 assessments shall not exceed the lower of the following: 52 a. Three percent (3%) of the assessment for the prior year. 53 b. The percent change in the Consumer Price Index for all 54 urban consumers, U.S. City Average, all items 1967=100, or 55 successor reports for the preceding calendar year as initially 56 reported by the United States Department of Labor, Bureau of 57 Labor Statistics. 58 (2) No assessment shall exceed just value. 59 (3) After any change of ownership, as provided by general 60 law, homestead property shall be assessed at just value as of 61 January 1 of the following year, unless the provisions of 62 paragraph (8) apply. Thereafter, the homestead shall be assessed 63 as provided in this subsection. 64 (4) New homestead property shall be assessed at just value 65 as of January 1st of the year following the establishment of the 66 homestead, unless the provisions of paragraph (8) apply. That 67 assessment shall only change as provided in this subsection. 68 (5) Changes, additions, reductions, or improvements to 69 homestead property shall be assessed as provided for by general 70 law; provided, however, after the adjustment for any change, 71 addition, reduction, or improvement, the property shall be 72 assessed as provided in this subsection. 73 (6) In the event of a termination of homestead status, the 74 property shall be assessed as provided by general law. 75 (7) The provisions of this amendment are severable. If any 76 of the provisions of this amendment shall be held 77 unconstitutional by any court of competent jurisdiction, the 78 decision of such court shall not affect or impair any remaining 79 provisions of this amendment. 80 (8) 81 a. A person who establishes a new homestead as of January 82 1, 2009, or January 1 of any subsequent year and who has 83 received a homestead exemption pursuant to Section 6 of this 84 Article as of January 1 of either of the two years immediately 85 preceding the establishment of the new homestead is entitled to 86 have the new homestead assessed at less than just value. If this 87 revision is approved in January of 2008, a person who 88 establishes a new homestead as of January 1, 2008, is entitled 89 to have the new homestead assessed at less than just value only 90 if that person received a homestead exemption on January 1, 91 2007. The assessed value of the newly established homestead 92 shall be determined as follows: 93 1. If the just value of the new homestead is greater than 94 or equal to the just value of the prior homestead as of January 95 1 of the year in which the prior homestead was abandoned, the 96 assessed value of the new homestead shall be the just value of 97 the new homestead minus an amount equal to the lesser of 98 $500,000 or the difference between the just value and the 99 assessed value of the prior homestead as of January 1 of the 100 year in which the prior homestead was abandoned. Thereafter, the 101 homestead shall be assessed as provided in this subsection. 102 2. If the just value of the new homestead is less than the 103 just value of the prior homestead as of January 1 of the year in 104 which the prior homestead was abandoned, the assessed value of 105 the new homestead shall be equal to the just value of the new 106 homestead divided by the just value of the prior homestead and 107 multiplied by the assessed value of the prior homestead. 108 However, if the difference between the just value of the new 109 homestead and the assessed value of the new homestead calculated 110 pursuant to this sub-subparagraph is greater than $500,000, the 111 assessed value of the new homestead shall be increased so that 112 the difference between the just value and the assessed value 113 equals $500,000. Thereafter, the homestead shall be assessed as 114 provided in this subsection. 115 b. By general law and subject to conditions specified 116 therein, the legislature shall provide for application of this 117 paragraph to property owned by more than one person. 118 (e) The legislature may, by general law, for assessment 119 purposes and subject to the provisions of this subsection, allow 120 counties and municipalities to authorize by ordinance that 121 historic property may be assessed solely on the basis of 122 character or use. Such character or use assessment shall apply 123 only to the jurisdiction adopting the ordinance. The 124 requirements for eligible properties must be specified by 125 general law. 126 (f) A county may, in the manner prescribed by general law, 127 provide for a reduction in the assessed value of homestead 128 property to the extent of any increase in the assessed value of 129 that property which results from the construction or 130 reconstruction of the property for the purpose of providing 131 living quarters for one or more natural or adoptive grandparents 132 or parents of the owner of the property or of the owner’s spouse 133 if at least one of the grandparents or parents for whom the 134 living quarters are provided is 62 years of age or older. Such a 135 reduction may not exceed the lesser of the following: 136 (1) The increase in assessed value resulting from 137 construction or reconstruction of the property. 138 (2) Twenty percent of the total assessed value of the 139 property as improved. 140 (g) For all levies other than school district levies, 141 assessments of residential real property, as defined by general 142 law, which contains nine units or fewer and which is not subject 143 to the assessment limitations set forth in subsections (a) 144 through (d) shall change only as provided in this subsection. 145 (1) Assessments subject to this subsection shall be changed 146 annually on the date of assessment provided by law; but those 147 changes in assessments shall not exceed ten percent (10%) of the 148 assessment for the prior year. 149 (2) No assessment shall exceed just value. 150 (3) After a change of ownership or control, as defined by 151 general law, including any change of ownership of a legal entity 152 that owns the property, such property shall be assessed at just 153 value as of the next assessment date. Thereafter, such property 154 shall be assessed as provided in this subsection. 155 (4) Changes, additions, reductions, or improvements to such 156 property shall be assessed as provided for by general law; 157 however, after the adjustment for any change, addition, 158 reduction, or improvement, the property shall be assessed as 159 provided in this subsection. 160 (h) For all levies other than school district levies, 161 assessments of real property that is not subject to the 162 assessment limitations set forth in subsections (a) through (d) 163 and (g) shall change only as provided in this subsection. 164 (1) Assessments subject to this subsection shall be changed 165 annually on the date of assessment provided by law; but those 166 changes in assessments shall not exceed ten percent (10%) of the 167 assessment for the prior year. 168 (2) No assessment shall exceed just value. 169 (3) The legislature must provide that such property shall 170 be assessed at just value as of the next assessment date after a 171 qualifying improvement, as defined by general law, is made to 172 such property. Thereafter, such property shall be assessed as 173 provided in this subsection. 174 (4) The legislature may provide that such property shall be 175 assessed at just value as of the next assessment date after a 176 change of ownership or control, as defined by general law, 177 including any change of ownership of the legal entity that owns 178 the property. Thereafter, such property shall be assessed as 179 provided in this subsection. 180 (5) Changes, additions, reductions, or improvements to such 181 property shall be assessed as provided for by general law; 182 however, after the adjustment for any change, addition, 183 reduction, or improvement, the property shall be assessed as 184 provided in this subsection. 185 (i) The legislature, by general law and subject to 186 conditions specified therein, may prohibit the consideration of 187 the following in the determination of the assessed value of real 188 property: 189 (1) Any change or improvement to real property used for 190 residential purposes made to improve the property’s resistance 191 to wind damage. 192 (2) The installation of a solar or renewable energy source 193 device. 194 (j) 195 (1) The assessment of the following working waterfront 196 properties shall be based upon the current use of the property: 197 a. Land used predominantly for commercial fishing purposes. 198 b. Land that is accessible to the public and used for 199 vessel launches into waters that are navigable. 200 c. Marinas and drystacks that are open to the public. 201 d. Water-dependent marine manufacturing facilities, 202 commercial fishing facilities, and marine vessel construction 203 and repair facilities and their support activities. 204 (2) The assessment benefit provided by this subsection is 205 subject to conditions and limitations and reasonable definitions 206 as specified by the legislature by general law. 207 ARTICLE XII 208 SCHEDULE 209 Certain manufacturing equipment; ad valorem taxation.—This 210 section and the amendment to Section 4 of Article VII 211 authorizing the Legislature to exempt certain manufacturing 212 equipment from the tangible personal property tax or permitting 213 such equipment to be assessed at less than just value pursuant 214 to an accelerated depreciation method established by general law 215 shall take effect January 1, 2019. 216 BE IT FURTHER RESOLVED that the following statement be 217 placed on the ballot: 218 CONSTITUTIONAL AMENDMENT 219 ARTICLE VII, SECTION 4 220 ARTICLE XII 221 CERTAIN MANUFACTURING EQUIPMENT; TANGIBLE PERSONAL PROPERTY 222 TAX.—Proposing an amendment to the State Constitution 223 authorizing the Legislature to exempt manufacturing equipment 224 used by businesses primarily engaged in manufacturing from the 225 tangible personal property tax or permitting such equipment to 226 be assessed at less than just value pursuant to an accelerated 227 depreciation method established by general law. This amendment 228 takes effect January 1, 2019.