Florida Senate - 2021 SJR 156
By Senator Diaz
36-00423-21 2021156__
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 to authorize the
5 Legislature, by general law, to prohibit increases in
6 the assessed value of homestead property, for school
7 district levy purposes, if the legal or equitable
8 title to the property is held by a person who is 65
9 years of age or older and if that person has held such
10 title and maintained permanent residence on the
11 property for at least 25 years, and to provide an
12 effective date.
13
14 Be It Resolved by the Legislature of the State of Florida:
15
16 That the following amendment to Section 4 of Article VII
17 and the creation of a new section in Article XII of the State
18 Constitution are agreed to and shall be submitted to the
19 electors of this state for approval or rejection at the next
20 general election or at an earlier special election specifically
21 authorized by law for that purpose:
22 ARTICLE VII
23 FINANCE AND TAXATION
24 SECTION 4. Taxation; assessments.—
25 By general law regulations shall be prescribed which shall
26 secure a just valuation of all property for ad valorem taxation,
27 provided:
28 (a) Agricultural land, land producing high water recharge
29 to Florida’s aquifers, or land used exclusively for
30 noncommercial recreational purposes may be classified by general
31 law and assessed solely on the basis of character or use.
32 (b) As provided by general law and subject to conditions,
33 limitations, and reasonable definitions specified therein, land
34 used for conservation purposes shall be classified by general
35 law and assessed solely on the basis of character or use.
36 (c) Pursuant to general law tangible personal property held
37 for sale as stock in trade and livestock may be valued for
38 taxation at a specified percentage of its value, may be
39 classified for tax purposes, or may be exempted from taxation.
40 (d) All persons entitled to a homestead exemption under
41 Section 6 of this Article shall have their homestead assessed at
42 just value as of January 1 of the year following the effective
43 date of this amendment. This assessment shall change only as
44 provided in this subsection.
45 (1) Assessments subject to this subsection shall be changed
46 annually on January 1st of each year; but those changes in
47 assessments shall not exceed the lower of the following:
48 a. Three percent (3%) of the assessment for the prior year.
49 b. The percent change in the Consumer Price Index for all
50 urban consumers, U.S. City Average, all items 1967=100, or
51 successor reports for the preceding calendar year as initially
52 reported by the United States Department of Labor, Bureau of
53 Labor Statistics.
54 (2) No assessment shall exceed just value.
55 (3) After any change of ownership, as provided by general
56 law, homestead property shall be assessed at just value as of
57 January 1 of the following year, unless the provisions of
58 paragraph (8) apply. Thereafter, the homestead shall be assessed
59 as provided in this subsection.
60 (4) New homestead property shall be assessed at just value
61 as of January 1st of the year following the establishment of the
62 homestead, unless the provisions of paragraph (8) apply. That
63 assessment shall only change as provided in this subsection.
64 (5) Changes, additions, reductions, or improvements to
65 homestead property shall be assessed as provided for by general
66 law; provided, however, after the adjustment for any change,
67 addition, reduction, or improvement, the property shall be
68 assessed as provided in this subsection.
69 (6) In the event of a termination of homestead status, the
70 property shall be assessed as provided by general law.
71 (7) The provisions of this amendment are severable. If any
72 of the provisions of this amendment shall be held
73 unconstitutional by any court of competent jurisdiction, the
74 decision of such court shall not affect or impair any remaining
75 provisions of this amendment.
76 (8)a. A person who establishes a new homestead as of
77 January 1 and who has received a homestead exemption pursuant to
78 Section 6 of this Article as of January 1 of any of the three
79 years immediately preceding the establishment of the new
80 homestead is entitled to have the new homestead assessed at less
81 than just value. The assessed value of the newly established
82 homestead shall be determined as follows:
83 1. If the just value of the new homestead is greater than
84 or equal to the just value of the prior homestead as of January
85 1 of the year in which the prior homestead was abandoned, the
86 assessed value of the new homestead shall be the just value of
87 the new homestead minus an amount equal to the lesser of
88 $500,000 or the difference between the just value and the
89 assessed value of the prior homestead as of January 1 of the
90 year in which the prior homestead was abandoned. Thereafter, the
91 homestead shall be assessed as provided in this subsection.
92 2. If the just value of the new homestead is less than the
93 just value of the prior homestead as of January 1 of the year in
94 which the prior homestead was abandoned, the assessed value of
95 the new homestead shall be equal to the just value of the new
96 homestead divided by the just value of the prior homestead and
97 multiplied by the assessed value of the prior homestead.
98 However, if the difference between the just value of the new
99 homestead and the assessed value of the new homestead calculated
100 pursuant to this sub-subparagraph is greater than $500,000, the
101 assessed value of the new homestead shall be increased so that
102 the difference between the just value and the assessed value
103 equals $500,000. Thereafter, the homestead shall be assessed as
104 provided in this subsection.
105 b. By general law and subject to conditions specified
106 therein, the legislature shall provide for application of this
107 paragraph to property owned by more than one person.
108 (e) The legislature may, by general law, for assessment
109 purposes and subject to the provisions of this subsection, allow
110 counties and municipalities to authorize by ordinance that
111 historic property may be assessed solely on the basis of
112 character or use. Such character or use assessment shall apply
113 only to the jurisdiction adopting the ordinance. The
114 requirements for eligible properties must be specified by
115 general law.
116 (f) A county may, in the manner prescribed by general law,
117 provide for a reduction in the assessed value of homestead
118 property to the extent of any increase in the assessed value of
119 that property which results from the construction or
120 reconstruction of the property for the purpose of providing
121 living quarters for one or more natural or adoptive grandparents
122 or parents of the owner of the property or of the owner’s spouse
123 if at least one of the grandparents or parents for whom the
124 living quarters are provided is 62 years of age or older. Such a
125 reduction may not exceed the lesser of the following:
126 (1) The increase in assessed value resulting from
127 construction or reconstruction of the property.
128 (2) Twenty percent of the total assessed value of the
129 property as improved.
130 (g) For all levies other than school district levies,
131 assessments of residential real property, as defined by general
132 law, which contains nine units or fewer and which is not subject
133 to the assessment limitations set forth in subsections (a)
134 through (d) shall change only as provided in this subsection.
135 (1) Assessments subject to this subsection shall be changed
136 annually on the date of assessment provided by law; but those
137 changes in assessments shall not exceed ten percent (10%) of the
138 assessment for the prior year.
139 (2) No assessment shall exceed just value.
140 (3) After a change of ownership or control, as defined by
141 general law, including any change of ownership of a legal entity
142 that owns the property, such property shall be assessed at just
143 value as of the next assessment date. Thereafter, such property
144 shall be assessed as provided in this subsection.
145 (4) Changes, additions, reductions, or improvements to such
146 property shall be assessed as provided for by general law;
147 however, after the adjustment for any change, addition,
148 reduction, or improvement, the property shall be assessed as
149 provided in this subsection.
150 (h) For all levies other than school district levies,
151 assessments of real property that is not subject to the
152 assessment limitations set forth in subsections (a) through (d)
153 and (g) shall change only as provided in this subsection.
154 (1) Assessments subject to this subsection shall be changed
155 annually on the date of assessment provided by law; but those
156 changes in assessments shall not exceed ten percent (10%) of the
157 assessment for the prior year.
158 (2) No assessment shall exceed just value.
159 (3) The legislature must provide that such property shall
160 be assessed at just value as of the next assessment date after a
161 qualifying improvement, as defined by general law, is made to
162 such property. Thereafter, such property shall be assessed as
163 provided in this subsection.
164 (4) The legislature may provide that such property shall be
165 assessed at just value as of the next assessment date after a
166 change of ownership or control, as defined by general law,
167 including any change of ownership of the legal entity that owns
168 the property. Thereafter, such property shall be assessed as
169 provided in this subsection.
170 (5) Changes, additions, reductions, or improvements to such
171 property shall be assessed as provided for by general law;
172 however, after the adjustment for any change, addition,
173 reduction, or improvement, the property shall be assessed as
174 provided in this subsection.
175 (i) The legislature, by general law and subject to
176 conditions specified therein, may prohibit the consideration of
177 the following in the determination of the assessed value of real
178 property:
179 (1) Any change or improvement to real property used for
180 residential purposes made to improve the property’s resistance
181 to wind damage.
182 (2) The installation of a solar or renewable energy source
183 device.
184 (j)(1) The assessment of the following working waterfront
185 properties shall be based upon the current use of the property:
186 a. Land used predominantly for commercial fishing purposes.
187 b. Land that is accessible to the public and used for
188 vessel launches into waters that are navigable.
189 c. Marinas and drystacks that are open to the public.
190 d. Water-dependent marine manufacturing facilities,
191 commercial fishing facilities, and marine vessel construction
192 and repair facilities and their support activities.
193 (2) The assessment benefit provided by this subsection is
194 subject to conditions and limitations and reasonable definitions
195 as specified by the legislature by general law.
196 (k) The legislature may, by general law, and subject to
197 conditions specified therein, for school district levy purposes,
198 prohibit increases in the assessed value of property qualifying
199 for a homestead exemption under Section 6 of this Article if the
200 legal or equitable title to the property is held by a person
201 who:
202 (1) Has attained age sixty-five; and
203 (2) Has held legal or equitable title to the property and
204 maintained permanent residence thereon for at least twenty-five
205 years.
206 ARTICLE XII
207 SCHEDULE
208 Assessment limitation for school district levy purposes for
209 certain persons who have attained age sixty-five.—This section
210 and the amendment to Section 4 of Article VII authorizing the
211 legislature, for school district levy purposes, to prohibit
212 increases in the assessed value of homestead property, if the
213 legal or equitable title to the property is held by a person who
214 has attained age sixty-five and if that person has held legal or
215 equitable title to the property and maintained permanent
216 residence thereon for at least twenty-five years, shall take
217 effect January 1, 2023.
218 BE IT FURTHER RESOLVED that the following statement be
219 placed on the ballot:
220 CONSTITUTIONAL AMENDMENT
221 ARTICLE VII, SECTION 4
222 ARTICLE XII
223 HOMESTEAD ASSESSMENT LIMITATION FOR SCHOOL DISTRICT LEVY
224 PURPOSES FOR CERTAIN PERSONS AGE 65 OR OLDER.—Authorizes the
225 Legislature, by general law, to prohibit increases in the
226 assessed value of homestead property, for school district levy
227 purposes, if the legal or equitable title to the property is
228 held by a person who is 65 years of age or older and if that
229 person has held such title and maintained permanent residence on
230 the property for at least 25 years. This amendment takes effect
231 January 1, 2023.