Florida Senate - 2026                                    SJR 278
       
       
        
       By Senator Bernard
       
       
       
       
       
       24-00423C-26                                           2026278__
    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 limit the
    5         assessed value of new homestead property established
    6         after a change of ownership which had an assessed
    7         value of less than a certain amount to no more than
    8         150 percent of the assessed value of the property for
    9         the preceding year for ad valorem taxation purposes
   10         and to provide an effective date.
   11          
   12  Be It Resolved by the Legislature of the State of Florida:
   13  
   14         That the following amendment to Section 4 of Article VII
   15  and the creation of a new section in Article XII of the State
   16  Constitution are agreed to and shall be submitted to the
   17  electors of this state for approval or rejection at the next
   18  general election or at an earlier special election specifically
   19  authorized by law for that purpose:
   20                             ARTICLE VII                           
   21                        FINANCE AND TAXATION                       
   22         SECTION 4. Taxation; assessments.—By general law
   23  regulations shall be prescribed which shall secure a just
   24  valuation of all property for ad valorem taxation, provided:
   25         (a) Agricultural land, land producing high water recharge
   26  to Florida’s aquifers, or land used exclusively for
   27  noncommercial recreational purposes may be classified by general
   28  law and assessed solely on the basis of character or use.
   29         (b) As provided by general law and subject to conditions,
   30  limitations, and reasonable definitions specified therein, land
   31  used for conservation purposes shall be classified by general
   32  law and assessed solely on the basis of character or use.
   33         (c) Pursuant to general law tangible personal property held
   34  for sale as stock in trade and livestock may be valued for
   35  taxation at a specified percentage of its value, may be
   36  classified for tax purposes, or may be exempted from taxation.
   37         (d) All persons entitled to a homestead exemption under
   38  Section 6 of this Article shall have their homestead assessed at
   39  just value as of January 1 of the year following the effective
   40  date of this amendment. This assessment shall change only as
   41  provided in this subsection.
   42         (1) Assessments subject to this subsection shall be changed
   43  annually on January 1st of each year; but those changes in
   44  assessments shall not exceed the lower of the following:
   45         a. Three percent (3%) of the assessment for the prior year.
   46         b. The percent change in the Consumer Price Index for all
   47  urban consumers, U.S. City Average, all items 1967=100, or
   48  successor reports for the preceding calendar year as initially
   49  reported by the United States Department of Labor, Bureau of
   50  Labor Statistics.
   51         (2) No assessment shall exceed just value.
   52         (3) After any change of ownership, as provided by general
   53  law, homestead property shall be assessed at just value as of
   54  January 1 of the following year, unless the provisions of
   55  paragraph (8) or paragraph (9) apply. Thereafter, the homestead
   56  shall be assessed as provided in this subsection.
   57         (4) New homestead property shall be assessed at just value
   58  as of January 1st of the year following the establishment of the
   59  homestead, unless the provisions of paragraph (8) or paragraph
   60  (9) apply. That assessment shall only change as provided in this
   61  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         (9)A person who acquires ownership of a property that had
  107  an assessed value of less than $500,000 in the preceding year
  108  and who qualifies for a homestead exemption under Section 6 of
  109  this article is entitled to have the property assessed at less
  110  than just value as of January 1 of the year following the change
  111  of ownership. The assessed value of such property may not exceed
  112  one hundred fifty percent (150%) of the assessed value of the
  113  property for the preceding year. Thereafter, the homestead shall
  114  be assessed as provided by general law.
  115         (e) The legislature may, by general law, for assessment
  116  purposes and subject to the provisions of this subsection, allow
  117  counties and municipalities to authorize by ordinance that
  118  historic property may be assessed solely on the basis of
  119  character or use. Such character or use assessment shall apply
  120  only to the jurisdiction adopting the ordinance. The
  121  requirements for eligible properties must be specified by
  122  general law.
  123         (f) A county may, in the manner prescribed by general law,
  124  provide for a reduction in the assessed value of homestead
  125  property to the extent of any increase in the assessed value of
  126  that property which results from the construction or
  127  reconstruction of the property for the purpose of providing
  128  living quarters for one or more natural or adoptive grandparents
  129  or parents of the owner of the property or of the owner’s spouse
  130  if at least one of the grandparents or parents for whom the
  131  living quarters are provided is 62 years of age or older. Such a
  132  reduction may not exceed the lesser of the following:
  133         (1) The increase in assessed value resulting from
  134  construction or reconstruction of the property.
  135         (2) Twenty percent (20%) of the total assessed value of the
  136  property as improved.
  137         (g) For all levies other than school district levies,
  138  assessments of residential real property, as defined by general
  139  law, which contains nine units or fewer and which is not subject
  140  to the assessment limitations set forth in subsections (a)
  141  through (d) shall change only as provided in this subsection.
  142         (1) Assessments subject to this subsection shall be changed
  143  annually on the date of assessment provided by law; but those
  144  changes in assessments shall not exceed ten percent (10%) of the
  145  assessment for the prior year.
  146         (2) No assessment shall exceed just value.
  147         (3) After a change of ownership or control, as defined by
  148  general law, including any change of ownership of a legal entity
  149  that owns the property, such property shall be assessed at just
  150  value as of the next assessment date. Thereafter, such property
  151  shall be assessed as provided in this subsection.
  152         (4) Changes, additions, reductions, or improvements to such
  153  property shall be assessed as provided for by general law;
  154  however, after the adjustment for any change, addition,
  155  reduction, or improvement, the property shall be assessed as
  156  provided in this subsection.
  157         (h) For all levies other than school district levies,
  158  assessments of real property that is not subject to the
  159  assessment limitations set forth in subsections (a) through (d)
  160  and (g) shall change only as provided in this subsection.
  161         (1) Assessments subject to this subsection shall be changed
  162  annually on the date of assessment provided by law; but those
  163  changes in assessments shall not exceed ten percent (10%) of the
  164  assessment for the prior year.
  165         (2) No assessment shall exceed just value.
  166         (3) The legislature must provide that such property shall
  167  be assessed at just value as of the next assessment date after a
  168  qualifying improvement, as defined by general law, is made to
  169  such property. Thereafter, such property shall be assessed as
  170  provided in this subsection.
  171         (4) The legislature may provide that such property shall be
  172  assessed at just value as of the next assessment date after a
  173  change of ownership or control, as defined by general law,
  174  including any change of ownership of the legal entity that owns
  175  the property. Thereafter, such property shall be assessed as
  176  provided in this subsection.
  177         (5) Changes, additions, reductions, or improvements to such
  178  property shall be assessed as provided for by general law;
  179  however, after the adjustment for any change, addition,
  180  reduction, or improvement, the property shall be assessed as
  181  provided in this subsection.
  182         (i) The legislature, by general law and subject to
  183  conditions specified therein, may prohibit the consideration of
  184  the following in the determination of the assessed value of real
  185  property:
  186         (1) Any change or improvement to real property used for
  187  residential purposes made to improve the property’s resistance
  188  to wind damage.
  189         (2) 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 assessed value of homestead property.
  206  This section and the amendment to Section 4 of Article VII,
  207  limiting the assessed value of new homestead property
  208  established after a change of ownership which had an assessed
  209  value of less than $500,000 in the preceding year to no more
  210  than one hundred fifty percent (150%) of the assessed value of
  211  the property for the preceding year for ad valorem taxation
  212  purposes, 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 the State Constitution to limit the
  220  assessed value of new homestead property established after a
  221  change of ownership which had an assessed value of less than
  222  $500,000 in the preceding year to no more than 150 percent of
  223  the assessed value of the property for the preceding year for ad
  224  valorem taxation purposes. This amendment takes effect January
  225  1, 2027.