Florida Senate - 2025 SJR 326
By Senator Rodriguez
40-00066-25 2025326__
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 prohibit the
5 assessed value of the homestead property of certain
6 low-income seniors from exceeding a certain amount, to
7 provide that the assessed value may be changed only
8 under certain circumstances, and to provide an
9 effective date.
10
11 Be It Resolved by the Legislature of the State of Florida:
12
13 That the following amendment to Section 4 of Article VII
14 and the creation of a new section in Article XII of the State
15 Constitution are agreed to and shall be submitted to the
16 electors of this state for approval or rejection at the next
17 general election or at an earlier special election specifically
18 authorized by law for that purpose:
19 ARTICLE VII
20 FINANCE AND TAXATION
21 SECTION 4. Taxation; assessments.—By general law
22 regulations shall be prescribed which shall secure a just
23 valuation of all property for ad valorem taxation, provided:
24 (a) Agricultural land, land producing high water recharge
25 to Florida’s aquifers, or land used exclusively for
26 noncommercial recreational purposes may be classified by general
27 law and assessed solely on the basis of character or use.
28 (b) As provided by general law and subject to conditions,
29 limitations, and reasonable definitions specified therein, land
30 used for conservation purposes shall be classified by general
31 law and assessed solely on the basis of character or use.
32 (c) Pursuant to general law tangible personal property held
33 for sale as stock in trade and livestock may be valued for
34 taxation at a specified percentage of its value, may be
35 classified for tax purposes, or may be exempted from taxation.
36 (d) All persons entitled to a homestead exemption under
37 Section 6 of this Article shall have their homestead assessed at
38 just value as of January 1 of the year following the effective
39 date of this amendment. If a person is granted a homestead
40 exemption under paragraph (1) of section 6(d), such person’s
41 homestead’s assessed value may not exceed the just value of the
42 homestead at the time such person attained age sixty-five. Such
43 homestead’s assessed value may be changed only when such person
44 is not eligible for an exemption under paragraph (1) of section
45 6(d). All other assessments may be changed This assessment shall
46 change only as 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 and who has received a homestead exemption pursuant to
80 Section 6 of this Article as of January 1 of any of the three
81 years immediately preceding the establishment of the new
82 homestead is entitled to have the new homestead assessed at less
83 than just value. The assessed value of the newly established
84 homestead shall be determined as follows:
85 1. If the just value of the new homestead is greater than
86 or equal to the just value of the prior homestead as of January
87 1 of the year in which the prior homestead was abandoned, the
88 assessed value of the new homestead shall be the just value of
89 the new homestead minus an amount equal to the lesser of
90 $500,000 or the difference between the just value and the
91 assessed value of the prior homestead as of January 1 of the
92 year in which the prior homestead was abandoned. Thereafter, the
93 homestead shall be assessed as provided in this subsection.
94 2. If the just value of the new homestead is less than the
95 just value of the prior homestead as of January 1 of the year in
96 which the prior homestead was abandoned, the assessed value of
97 the new homestead shall be equal to the just value of the new
98 homestead divided by the just value of the prior homestead and
99 multiplied by the assessed value of the prior homestead.
100 However, if the difference between the just value of the new
101 homestead and the assessed value of the new homestead calculated
102 pursuant to this sub-subparagraph is greater than $500,000, the
103 assessed value of the new homestead shall be increased so that
104 the difference between the just value and the assessed value
105 equals $500,000. Thereafter, the homestead shall be assessed as
106 provided in this subsection.
107 b. By general law and subject to conditions specified
108 therein, the legislature shall provide for application of this
109 paragraph to property owned by more than one person.
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) The installation of a solar or renewable energy source
185 device.
186 (j)(1) The assessment of the following working waterfront
187 properties shall be based upon the current use of the property:
188 a. Land used predominantly for commercial fishing purposes.
189 b. Land that is accessible to the public and used for
190 vessel launches into waters that are navigable.
191 c. Marinas and drystacks that are open to the public.
192 d. Water-dependent marine manufacturing facilities,
193 commercial fishing facilities, and marine vessel construction
194 and repair facilities and their support activities.
195 (2) The assessment benefit provided by this subsection is
196 subject to conditions and limitations and reasonable definitions
197 as specified by the legislature by general law.
198 ARTICLE XII
199 SCHEDULE
200 Assessed value of homestead property of certain low-income
201 seniors.—This section and the amendment to Section 4 of Article
202 VII, which prohibits an increase of the assessed value of the
203 homestead property of certain low-income seniors, shall take
204 effect January 1, 2027.
205 BE IT FURTHER RESOLVED that the following statement be
206 placed on the ballot:
207 CONSTITUTIONAL AMENDMENT
208 ARTICLE VII, SECTION 4
209 ARTICLE XII
210 ASSESSED VALUE FREEZE OF HOMESTEAD PROPERTY OF CERTAIN LOW
211 INCOME SENIORS.—Proposing an amendment to the State Constitution
212 to prohibit the assessed value of the homestead property of
213 certain low-income seniors from exceeding a certain amount and
214 providing that the assessed value may be changed only under
215 certain circumstances. If approved, this amendment takes effect
216 January 1, 2027.