Florida Senate - 2025 SJR 1190 By Senator Ingoglia 11-01042B-25 20251190__ 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 the 6 consideration of any change or improvement made to 7 homestead property to mitigate flood damage in 8 determining the assessed value of such property for ad 9 valorem taxation purposes, to limit the transfer of 10 such value to new homestead property, and to provide 11 an effective date. 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 a new section 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 c. By general law and subject to conditions specified 107 therein, the legislature may limit the application of this 108 paragraph to an owner of property that has received an 109 assessment limitation pursuant to paragraph (i)(2). 110 (e) The legislature may, by general law, for assessment 111 purposes and subject to the provisions of this subsection, allow 112 counties and municipalities to authorize by ordinance that 113 historic property may be assessed solely on the basis of 114 character or use. Such character or use assessment shall apply 115 only to the jurisdiction adopting the ordinance. The 116 requirements for eligible properties must be specified by 117 general law. 118 (f) A county may, in the manner prescribed by general law, 119 provide for a reduction in the assessed value of homestead 120 property to the extent of any increase in the assessed value of 121 that property which results from the construction or 122 reconstruction of the property for the purpose of providing 123 living quarters for one or more natural or adoptive grandparents 124 or parents of the owner of the property or of the owner’s spouse 125 if at least one of the grandparents or parents for whom the 126 living quarters are provided is 62 years of age or older. Such a 127 reduction may not exceed the lesser of the following: 128 (1) The increase in assessed value resulting from 129 construction or reconstruction of the property. 130 (2) Twenty percent of the total assessed value of the 131 property as improved. 132 (g) For all levies other than school district levies, 133 assessments of residential real property, as defined by general 134 law, which contains nine units or fewer and which is not subject 135 to the assessment limitations set forth in subsections (a) 136 through (d) shall change only as provided in this subsection. 137 (1) Assessments subject to this subsection shall be changed 138 annually on the date of assessment provided by law; but those 139 changes in assessments shall not exceed ten percent (10%) of the 140 assessment for the prior year. 141 (2) No assessment shall exceed just value. 142 (3) After a change of ownership or control, as defined by 143 general law, including any change of ownership of a legal entity 144 that owns the property, such property shall be assessed at just 145 value as of the next assessment date. Thereafter, such property 146 shall be assessed as provided in this subsection. 147 (4) Changes, additions, reductions, or improvements to such 148 property shall be assessed as provided for by general law; 149 however, after the adjustment for any change, addition, 150 reduction, or improvement, the property shall be assessed as 151 provided in this subsection. 152 (h) For all levies other than school district levies, 153 assessments of real property that is not subject to the 154 assessment limitations set forth in subsections (a) through (d) 155 and (g) shall change only as provided in this subsection. 156 (1) Assessments subject to this subsection shall be changed 157 annually on the date of assessment provided by law; but those 158 changes in assessments shall not exceed ten percent (10%) of the 159 assessment for the prior year. 160 (2) No assessment shall exceed just value. 161 (3) The legislature must provide that such property shall 162 be assessed at just value as of the next assessment date after a 163 qualifying improvement, as defined by general law, is made to 164 such property. Thereafter, such property shall be assessed as 165 provided in this subsection. 166 (4) The legislature may provide that such property shall be 167 assessed at just value as of the next assessment date after a 168 change of ownership or control, as defined by general law, 169 including any change of ownership of the legal entity that owns 170 the property. Thereafter, such property shall be assessed as 171 provided in this subsection. 172 (5) Changes, additions, reductions, or improvements to such 173 property shall be assessed as provided for by general law; 174 however, after the adjustment for any change, addition, 175 reduction, or improvement, the property shall be assessed as 176 provided in this subsection. 177 (i) The legislature, by general law and subject to 178 conditions specified therein, may prohibit the consideration of 179 the following in the determination of the assessed value of real 180 property: 181 (1) Any change or improvement to real property used for 182 residential purposes made to improve the property’s resistance 183 to wind damage. 184 (2) Any change or improvement made to real property 185 assessed pursuant to subsection (d) to mitigate the property’s 186 susceptibility to flood damage from natural disasters. The 187 legislature may specify the extent and duration of such 188 prohibition. 189 (3) The installation of a solar or renewable energy source 190 device. 191 (j)(1) The assessment of the following working waterfront 192 properties shall be based upon the current use of the property: 193 a. Land used predominantly for commercial fishing purposes. 194 b. Land that is accessible to the public and used for 195 vessel launches into waters that are navigable. 196 c. Marinas and drystacks that are open to the public. 197 d. Water-dependent marine manufacturing facilities, 198 commercial fishing facilities, and marine vessel construction 199 and repair facilities and their support activities. 200 (2) The assessment benefit provided by this subsection is 201 subject to conditions and limitations and reasonable definitions 202 as specified by the legislature by general law. 203 ARTICLE XII 204 SCHEDULE 205 Limitation on the assessment of homestead property.—This 206 section and the amendment to Section 4 of Article VII, 207 authorizing the legislature to prohibit the consideration of any 208 change or improvement made to homestead property to mitigate 209 potential flood damage from natural disasters in the 210 determination of the property’s assessed value for ad valorem 211 taxation purposes and to limit the transfer of such value to new 212 homestead property, shall take effect January 1, 2027. 213 BE IT FURTHER RESOLVED that the following statement be 214 placed on the ballot: 215 CONSTITUTIONAL AMENDMENT 216 ARTICLE VII, SECTION 4 217 ARTICLE XII 218 LIMITATION ON THE ASSESSMENT OF HOMESTEAD PROPERTY. 219 Proposing an amendment to limit property tax collection on 220 homestead property. Proposing an amendment to authorize the 221 Legislature, by general law, to prohibit the consideration of 222 any change or improvement made to homestead property to mitigate 223 potential flood damage from natural disasters in the 224 determination of the property’s assessed value for ad valorem 225 taxation purposes and to limit the transfer of such value to new 226 homestead property. This amendment takes effect January 1, 2027.