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.