Florida Senate - 2009                                   SJR 2242
       
       
       
       By Senator Gaetz
       
       
       
       
       4-01142A-09                                           20092242__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Section 25
    3         of Article I and Section 4 of Article VII and the
    4         creation of two new sections in Article XII of the
    5         State Constitution to prohibit increases in the
    6         assessed value of homestead property if the market
    7         value of the property decreases and to require
    8         challenges to an assessment of real property to be
    9         procedurally fair.
   10  
   11  Be It Resolved by the Legislature of the State of Florida:
   12  
   13         That the following amendment to Section 25 of Article I and
   14  Section 4 of Article VII and the creation of two new sections in
   15  Article XII of the State Constitution are agreed to and shall be
   16  submitted to the electors of this state for approval or
   17  rejection at the next general election or at an earlier special
   18  election specifically authorized by law for that purpose:
   19                              ARTICLE I                            
   20                        DECLARATION OF RIGHTS                      
   21         SECTION 25. Taxpayers' Bill of Rights.—
   22         (a) By general law the legislature shall prescribe and
   23  adopt a Taxpayers' Bill of Rights that, in clear and concise
   24  language, sets forth taxpayers' rights and responsibilities and
   25  government's responsibilities to deal fairly with taxpayers
   26  under the laws of this state. This section shall be effective
   27  July 1, 1993.
   28         (b)(1)Every taxpayer or other person contesting a property
   29  appraiser's assessment of real property for the purposes of ad
   30  valorem taxation has a right to a full and fair opportunity to
   31  challenge that assessment.
   32         (2)In a challenge of an assessment brought by the taxpayer
   33  or person contesting the assessment:
   34         a.A presumption of correctness does not apply to the
   35  property appraiser's assessment;
   36         b.The property appraiser must prove by a preponderance of
   37  the evidence that the assessment does not exceed the just value
   38  of the property; and
   39         c.The use of an appraisal practice that differs from those
   40  applied to comparable property within the state is relevant to
   41  determine whether the assessment exceeds just value.
   42                             ARTICLE VII                           
   43                        FINANCE AND TAXATION                       
   44         SECTION 4. Taxation; assessments.—By general law
   45  regulations shall be prescribed which shall secure a just
   46  valuation of all property for ad valorem taxation, provided:
   47         (a) Agricultural land, land producing high water recharge
   48  to Florida's aquifers, or land used exclusively for
   49  noncommercial recreational purposes may be classified by general
   50  law and assessed solely on the basis of character or use.
   51         (b) As provided by general law and subject to conditions,
   52  limitations, and reasonable definitions specified therein, land
   53  used for conservation purposes shall be classified by general
   54  law and assessed solely on the basis of character or use.
   55         (c) Pursuant to general law tangible personal property held
   56  for sale as stock in trade and livestock may be valued for
   57  taxation at a specified percentage of its value, may be
   58  classified for tax purposes, or may be exempted from taxation.
   59         (d) All persons entitled to a homestead exemption under
   60  Section 6 of this Article shall have their homestead assessed at
   61  just value as of January 1 of the year following the effective
   62  date of this amendment. This assessment shall change only as
   63  provided in this subsection.
   64         (1) Assessments subject to this subsection shall be changed
   65  annually on January 1 January 1st of each year if the just value
   66  of the property is equal to or greater than the just value of
   67  the property on the preceding January 1. The increase; but those
   68  changes in assessments shall not exceed the lower of the
   69  following:
   70         a. Three percent (3%) of the assessment for the prior year.
   71         b. The percent change in the Consumer Price Index for all
   72  urban consumers, U.S. City Average, all items 1967=100, or
   73  successor reports for the preceding calendar year as initially
   74  reported by the United States Department of Labor, Bureau of
   75  Labor Statistics.
   76         (2)An assessment shall not increase if the just value of
   77  the property is less than the just value of the property on the
   78  preceding January 1.
   79         (3)(2) No assessment shall exceed just value.
   80         (4)(3) After any change of ownership, as provided by
   81  general law, homestead property shall be assessed at just value
   82  as of January 1 of the following year, unless the provisions of
   83  paragraph (9) (8) apply. Thereafter, the homestead shall be
   84  assessed as provided in this subsection.
   85         (5)(4) New homestead property shall be assessed at just
   86  value as of January 1 January 1st of the year following the
   87  establishment of the homestead, unless the provisions of
   88  paragraph (9) (8) apply. That assessment shall only change only
   89  as provided in this subsection.
   90         (6)(5) Changes, additions, reductions, or improvements to
   91  homestead property shall be assessed as provided for by general
   92  law; provided, however, after the adjustment for any change,
   93  addition, reduction, or improvement, the property shall be
   94  assessed as provided in this subsection.
   95         (7)(6) In the event of a termination of homestead status,
   96  the property shall be assessed as provided by general law.
   97         (8)(7) The provisions of this amendment are severable. If
   98  any of the provisions of this amendment shall be held
   99  unconstitutional by any court of competent jurisdiction, the
  100  decision of such court shall not affect or impair any remaining
  101  provisions of this amendment.
  102         (9)(8)a. A person who establishes a new homestead as of
  103  January 1, 2009, or January 1 of any subsequent year and who has
  104  received a homestead exemption pursuant to Section 6 of this
  105  Article as of January 1 of either of the two years immediately
  106  preceding the establishment of the new homestead is entitled to
  107  have the new homestead assessed at less than just value. If this
  108  revision is approved in January of 2008, a person who
  109  establishes a new homestead as of January 1, 2008, is entitled
  110  to have the new homestead assessed at less than just value only
  111  if that person received a homestead exemption on January 1,
  112  2007. The assessed value of the newly established homestead
  113  shall be determined as follows:
  114         1. If the just value of the new homestead is greater than
  115  or equal to the just value of the prior homestead as of January
  116  1 of the year in which the prior homestead was abandoned, the
  117  assessed value of the new homestead shall be the just value of
  118  the new homestead minus an amount equal to the lesser of
  119  $500,000 or the difference between the just value and the
  120  assessed value of the prior homestead as of January 1 of the
  121  year in which the prior homestead was abandoned. Thereafter, the
  122  homestead shall be assessed as provided in this subsection.
  123         2. If the just value of the new homestead is less than the
  124  just value of the prior homestead as of January 1 of the year in
  125  which the prior homestead was abandoned, the assessed value of
  126  the new homestead shall be equal to the just value of the new
  127  homestead divided by the just value of the prior homestead and
  128  multiplied by the assessed value of the prior homestead.
  129  However, if the difference between the just value of the new
  130  homestead and the assessed value of the new homestead calculated
  131  pursuant to this sub-subparagraph is greater than $500,000, the
  132  assessed value of the new homestead shall be increased so that
  133  the difference between the just value and the assessed value
  134  equals $500,000. Thereafter, the homestead shall be assessed as
  135  provided in this subsection.
  136         b. By general law and subject to conditions specified
  137  therein, the Legislature shall provide for application of this
  138  paragraph to property owned by more than one person.
  139         (e) The legislature may, by general law, for assessment
  140  purposes and subject to the provisions of this subsection, allow
  141  counties and municipalities to authorize by ordinance that
  142  historic property may be assessed solely on the basis of
  143  character or use. Such character or use assessment shall apply
  144  only to the jurisdiction adopting the ordinance. The
  145  requirements for eligible properties must be specified by
  146  general law.
  147         (f) A county may, in the manner prescribed by general law,
  148  provide for a reduction in the assessed value of homestead
  149  property to the extent of any increase in the assessed value of
  150  that property which results from the construction or
  151  reconstruction of the property for the purpose of providing
  152  living quarters for one or more natural or adoptive grandparents
  153  or parents of the owner of the property or of the owner's spouse
  154  if at least one of the grandparents or parents for whom the
  155  living quarters are provided is 62 years of age or older. Such a
  156  reduction may not exceed the lesser of the following:
  157         (1) The increase in assessed value resulting from
  158  construction or reconstruction of the property.
  159         (2) Twenty percent of the total assessed value of the
  160  property as improved.
  161         (g) For all levies other than school district levies,
  162  assessments of residential real property, as defined by general
  163  law, which contains nine units or fewer and which is not subject
  164  to the assessment limitations set forth in subsections (a)
  165  through (d) shall change only as provided in this subsection.
  166         (1) Assessments subject to this subsection shall be changed
  167  annually on the date of assessment provided by law; but those
  168  changes in assessments shall not exceed ten percent (10%) of the
  169  assessment for the prior year.
  170         (2) No assessment shall exceed just value.
  171         (3) After a change of ownership or control, as defined by
  172  general law, including any change of ownership of a legal entity
  173  that owns the property, such property shall be assessed at just
  174  value as of the next assessment date. Thereafter, such property
  175  shall be assessed as provided in this subsection.
  176         (4) Changes, additions, reductions, or improvements to such
  177  property shall be assessed as provided for by general law;
  178  however, after the adjustment for any change, addition,
  179  reduction, or improvement, the property shall be assessed as
  180  provided in this subsection.
  181         (h) For all levies other than school district levies,
  182  assessments of real property that is not subject to the
  183  assessment limitations set forth in subsections (a) through (d)
  184  and (g) shall change only as provided in this subsection.
  185         (1) Assessments subject to this subsection shall be changed
  186  annually on the date of assessment provided by law; but those
  187  changes in assessments shall not exceed ten percent (10%) of the
  188  assessment for the prior year.
  189         (2) No assessment shall exceed just value.
  190         (3) The legislature must provide that such property shall
  191  be assessed at just value as of the next assessment date after a
  192  qualifying improvement, as defined by general law, is made to
  193  such property. Thereafter, such property shall be assessed as
  194  provided in this subsection.
  195         (4) The legislature may provide that such property shall be
  196  assessed at just value as of the next assessment date after a
  197  change of ownership or control, as defined by general law,
  198  including any change of ownership of the legal entity that owns
  199  the property. Thereafter, such property shall be assessed as
  200  provided in this subsection.
  201         (5) Changes, additions, reductions, or improvements to such
  202  property shall be assessed as provided for by general law;
  203  however, after the adjustment for any change, addition,
  204  reduction, or improvement, the property shall be assessed as
  205  provided in this subsection.
  206         (i) The legislature, by general law and subject to
  207  conditions specified therein, may prohibit the consideration of
  208  the following in the determination of the assessed value of real
  209  property used for residential purposes:
  210         (1) Any change or improvement made for the purpose of
  211  improving the property's resistance to wind damage.
  212         (2) The installation of a renewable energy source device.
  213         (j)(1) The assessment of the following working waterfront
  214  properties shall be based upon the current use of the property:
  215         a. Land used predominantly for commercial fishing purposes.
  216         b. Land that is accessible to the public and used for
  217  vessel launches into waters that are navigable.
  218         c. Marinas and drystacks that are open to the public.
  219         d. Water-dependent marine manufacturing facilities,
  220  commercial fishing facilities, and marine vessel construction
  221  and repair facilities and their support activities.
  222         (2) The assessment benefit provided by this subsection is
  223  subject to conditions and limitations and reasonable definitions
  224  as specified by the legislature by general law.
  225                             ARTICLE XII                           
  226                              SCHEDULE                             
  227         Right of a taxpayer to challenge an assessment.—The
  228  amendment to Section 25 of Article I relating to challenges to
  229  an assessment on real property must be implemented by the
  230  legislature by legislation that takes effect no later than
  231  January 1, 2012.
  232         Assessment of homestead property with declining market
  233  value.-The amendment to Section 4 of Article VII, relating to
  234  homestead property having a declining market value, and this
  235  section take effect on January 1, 2011.
  236         BE IT FURTHER RESOLVED that the following statement be
  237  placed on the ballot:
  238                      CONSTITUTIONAL AMENDMENTS                    
  239                        ARTICLE I, SECTION 25                      
  240                       ARTICLE VII, SECTION 4                      
  241                             ARTICLE XII                           
  242         ASSESSMENT OF HOMESTEAD PROPERTY THAT HAS A DECLINING
  243  MARKET VALUE; RIGHT TO FAIR ASSESSMENT CHALLENGE.—In certain
  244  circumstances, the law requires the taxable value of homestead
  245  property to increase when the market value of the property
  246  decreases. Under this proposed amendment to the State
  247  Constitution, the taxable value of homestead property may not
  248  increase if the market value of that property decreases.
  249         This proposed amendment also provides that a person who
  250  contests an assessment of real property for the purpose of ad
  251  valorem taxation has a right to a full and fair opportunity to
  252  challenge that assessment. The amendment further provides that
  253  in assessment challenges:
  254         (1) The property appraiser must prove that an assessment
  255  does not exceed the market value of the property; and
  256         (2) The use of an appraisal practice that differs from
  257  those applied to comparable property within the state is
  258  relevant to determine whether the assessment exceeds market
  259  value.