Florida Senate - 2021                                   SJR 1182
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01298-21                                           20211182__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 4
    3         of Article VII and the creation of Section 42 of
    4         Article XII of the State Constitution, effective
    5         January 1, 2023, to authorize the Legislature, by
    6         general law, to prohibit the consideration of any
    7         change or improvement made to real property used for
    8         residential purposes to improve the property’s
    9         resistance to flood damage in determining the assessed
   10         value of such property for ad valorem taxation
   11         purposes.
   12          
   13  Be It Resolved by the Legislature of the State of Florida:
   14  
   15         That the following amendment to Section 4 of Article VII
   16  and the creation of Section 42 of Article XII of the State
   17  Constitution are agreed to and shall be submitted to the
   18  electors of this state for approval or rejection at the next
   19  general election or at an earlier special election specifically
   20  authorized by law for that purpose:
   21                             ARTICLE VII                           
   22                        FINANCE AND TAXATION                       
   23         SECTION 4. Taxation; assessments.—By general law
   24  regulations shall be prescribed which shall secure a just
   25  valuation of all property for ad valorem taxation, 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 held
   35  for sale as stock in trade and livestock may be valued for
   36  taxation at a specified percentage of its value, may be
   37  classified for tax purposes, or may be exempted from taxation.
   38         (d) All persons entitled to a homestead exemption under
   39  Section 6 of this Article shall have their homestead assessed at
   40  just value as of January 1 of the year following the effective
   41  date of this amendment. This assessment shall change only as
   42  provided in this subsection.
   43         (1) Assessments subject to this subsection shall be changed
   44  annually on January 1st of each year; but those changes in
   45  assessments shall not exceed the lower of the following:
   46         a. Three percent (3%) of the assessment for the prior year.
   47         b. The percent change in the Consumer Price Index for all
   48  urban consumers, U.S. City Average, all items 1967=100, or
   49  successor reports for the preceding calendar year as initially
   50  reported by the United States Department of Labor, Bureau of
   51  Labor Statistics.
   52         (2) No assessment shall exceed just value.
   53         (3) After any change of ownership, as provided by general
   54  law, homestead property shall be assessed at just value as of
   55  January 1 of the following year, unless the provisions of
   56  paragraph (8) apply. Thereafter, the homestead shall be assessed
   57  as provided in this subsection.
   58         (4) New homestead property shall be assessed at just value
   59  as of January 1st of the year following the establishment of the
   60  homestead, unless the provisions of paragraph (8) apply. That
   61  assessment shall only change as provided in this subsection.
   62         (5) Changes, additions, reductions, or improvements to
   63  homestead property shall be assessed as provided for by general
   64  law; provided, however, after the adjustment for any change,
   65  addition, reduction, or improvement, the property shall be
   66  assessed as provided in this subsection.
   67         (6) In the event of a termination of homestead status, the
   68  property shall be assessed as provided by general law.
   69         (7) The provisions of this amendment are severable. If any
   70  of the provisions of this amendment shall be held
   71  unconstitutional by any court of competent jurisdiction, the
   72  decision of such court shall not affect or impair any remaining
   73  provisions of this amendment.
   74         (8)a. A person who establishes a new homestead as of
   75  January 1 and who has received a homestead exemption pursuant to
   76  Section 6 of this Article as of January 1 of any of the three
   77  years immediately preceding the establishment of the new
   78  homestead is entitled to have the new homestead assessed at less
   79  than just value. The assessed value of the newly established
   80  homestead shall be determined as follows:
   81         1. If the just value of the new homestead is greater than
   82  or equal to the just value of the prior homestead as of January
   83  1 of the year in which the prior homestead was abandoned, the
   84  assessed value of the new homestead shall be the just value of
   85  the new homestead minus an amount equal to the lesser of
   86  $500,000 or the difference between the just value and the
   87  assessed value of the prior homestead as of January 1 of the
   88  year in which the prior homestead was abandoned. Thereafter, the
   89  homestead shall be assessed as provided in this subsection.
   90         2. If the just value of the new homestead is less than the
   91  just value of the prior homestead as of January 1 of the year in
   92  which the prior homestead was abandoned, the assessed value of
   93  the new homestead shall be equal to the just value of the new
   94  homestead divided by the just value of the prior homestead and
   95  multiplied by the assessed value of the prior homestead.
   96  However, if the difference between the just value of the new
   97  homestead and the assessed value of the new homestead calculated
   98  pursuant to this sub-subparagraph is greater than $500,000, the
   99  assessed value of the new homestead shall be increased so that
  100  the difference between the just value and the assessed value
  101  equals $500,000. Thereafter, the homestead shall be assessed as
  102  provided in this subsection.
  103         b. By general law and subject to conditions specified
  104  therein, the legislature shall provide for application of this
  105  paragraph to property owned by more than one person.
  106         (e) The legislature may, by general law, for assessment
  107  purposes and subject to the provisions of this subsection, allow
  108  counties and municipalities to authorize by ordinance that
  109  historic property may be assessed solely on the basis of
  110  character or use. Such character or use assessment shall apply
  111  only to the jurisdiction adopting the ordinance. The
  112  requirements for eligible properties must be specified by
  113  general law.
  114         (f) A county may, in the manner prescribed by general law,
  115  provide for a reduction in the assessed value of homestead
  116  property to the extent of any increase in the assessed value of
  117  that property which results from the construction or
  118  reconstruction of the property for the purpose of providing
  119  living quarters for one or more natural or adoptive grandparents
  120  or parents of the owner of the property or of the owner’s spouse
  121  if at least one of the grandparents or parents for whom the
  122  living quarters are provided is 62 years of age or older. Such a
  123  reduction may not exceed the lesser of the following:
  124         (1) The increase in assessed value resulting from
  125  construction or reconstruction of the property.
  126         (2) Twenty percent of the total assessed value of the
  127  property as improved.
  128         (g) For all levies other than school district levies,
  129  assessments of residential real property, as defined by general
  130  law, which contains nine units or fewer and which is not subject
  131  to the assessment limitations set forth in subsections (a)
  132  through (d) shall change only as provided in this subsection.
  133         (1) Assessments subject to this subsection shall be changed
  134  annually on the date of assessment provided by law; but those
  135  changes in assessments shall not exceed ten percent (10%) of the
  136  assessment for the prior year.
  137         (2) No assessment shall exceed just value.
  138         (3) After a change of ownership or control, as defined by
  139  general law, including any change of ownership of a legal entity
  140  that owns the property, such property shall be assessed at just
  141  value as of the next assessment date. Thereafter, such property
  142  shall be assessed as provided in this subsection.
  143         (4) Changes, additions, reductions, or improvements to such
  144  property shall be assessed as provided for by general law;
  145  however, after the adjustment for any change, addition,
  146  reduction, or improvement, the property shall be assessed as
  147  provided in this subsection.
  148         (h) For all levies other than school district levies,
  149  assessments of real property that is not subject to the
  150  assessment limitations set forth in subsections (a) through (d)
  151  and (g) shall change only as provided in this subsection.
  152         (1) Assessments subject to this subsection shall be changed
  153  annually on the date of assessment provided by law; but those
  154  changes in assessments shall not exceed ten percent (10%) of the
  155  assessment for the prior year.
  156         (2) No assessment shall exceed just value.
  157         (3) The legislature must provide that such property shall
  158  be assessed at just value as of the next assessment date after a
  159  qualifying improvement, as defined by general law, is made to
  160  such property. Thereafter, such property shall be assessed as
  161  provided in this subsection.
  162         (4) The legislature may provide that such property shall be
  163  assessed at just value as of the next assessment date after a
  164  change of ownership or control, as defined by general law,
  165  including any change of ownership of the legal entity that owns
  166  the property. Thereafter, such property shall be assessed as
  167  provided in this subsection.
  168         (5) Changes, additions, reductions, or improvements to such
  169  property shall be assessed as provided for by general law;
  170  however, after the adjustment for any change, addition,
  171  reduction, or improvement, the property shall be assessed as
  172  provided in this subsection.
  173         (i) The legislature, by general law and subject to
  174  conditions specified therein, may prohibit the consideration of
  175  the following in the determination of the assessed value of real
  176  property:
  177         (1) Any change or improvement to real property used for
  178  residential purposes made to improve the property’s resistance
  179  to wind damage or to flood damage.
  180         (2) The installation of a solar or renewable energy source
  181  device.
  182         (j)(1) The assessment of the following working waterfront
  183  properties shall be based upon the current use of the property:
  184         a. Land used predominantly for commercial fishing purposes.
  185         b. Land that is accessible to the public and used for
  186  vessel launches into waters that are navigable.
  187         c. Marinas and drystacks that are open to the public.
  188         d. Water-dependent marine manufacturing facilities,
  189  commercial fishing facilities, and marine vessel construction
  190  and repair facilities and their support activities.
  191         (2) The assessment benefit provided by this subsection is
  192  subject to conditions and limitations and reasonable definitions
  193  as specified by the legislature by general law.
  194                             ARTICLE XII                           
  195                              SCHEDULE                             
  196         SECTION 42.Limitation on the assessment of real property
  197  used for residential purposes.—This section and the amendment to
  198  Section 4 of Article VII, authorizing the legislature to
  199  prohibit an increase in the assessed value of real property used
  200  for residential purposes as a result of any change or
  201  improvement made to improve the property’s resistance to flood
  202  damage, shall take effect January 1, 2023.
  203         BE IT FURTHER RESOLVED that the following statement be
  204  placed on the ballot:
  205                      CONSTITUTIONAL AMENDMENT                     
  206                       ARTICLE VII, SECTION 4                      
  207                       ARTICLE XII, SECTION 42                     
  208         LIMITATION ON THE ASSESSMENT OF REAL PROPERTY USED FOR
  209  RESIDENTIAL PURPOSES.—Proposing an amendment to the State
  210  Constitution, effective January 1, 2023, to authorize the
  211  Legislature, by general law, to prohibit the consideration of
  212  any change or improvement made to real property used for
  213  residential purposes to improve the property’s resistance to
  214  flood damage in determining the assessed value of such property
  215  for ad valorem taxation purposes.