Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SJR 170
       
       
       
       
       
       
                                Ì3997049Î399704                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/03/2016           .                                
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       The Committee on Appropriations (Negron) recommended the
       following:
       
    1         Senate Amendment (with ballot and title amendments)
    2  
    3         Delete everything after the resolving clause
    4  and insert:
    5         That the following amendment to Sections 3 and 4 of Article
    6  VII and the creation of Section 34 of Article XII of the State
    7  Constitution are agreed to and shall be submitted to the
    8  electors of this state for approval or rejection at the next
    9  general election or at an earlier special election specifically
   10  authorized by law for that purpose:
   11                             ARTICLE VII                           
   12                        FINANCE AND TAXATION                       
   13         SECTION 3. Taxes; exemptions.—
   14         (a) All property owned by a municipality and used
   15  exclusively by it for municipal or public purposes shall be
   16  exempt from taxation. A municipality, owning property outside
   17  the municipality, may be required by general law to make payment
   18  to the taxing unit in which the property is located. Such
   19  portions of property as are used predominantly for educational,
   20  literary, scientific, religious or charitable purposes may be
   21  exempted by general law from taxation.
   22         (b) There shall be exempt from taxation, cumulatively, to
   23  every head of a family residing in this state, household goods
   24  and personal effects to the value fixed by general law, not less
   25  than one thousand dollars, and to every widow or widower or
   26  person who is blind or totally and permanently disabled,
   27  property to the value fixed by general law not less than five
   28  hundred dollars.
   29         (c) Any county or municipality may, for the purpose of its
   30  respective tax levy and subject to the provisions of this
   31  subsection and general law, grant community and economic
   32  development ad valorem tax exemptions to new businesses and
   33  expansions of existing businesses, as defined by general law.
   34  Such an exemption may be granted only by ordinance of the county
   35  or municipality, and only after the electors of the county or
   36  municipality voting on such question in a referendum authorize
   37  the county or municipality to adopt such ordinances. An
   38  exemption so granted shall apply to improvements to real
   39  property made by or for the use of a new business and
   40  improvements to real property related to the expansion of an
   41  existing business and shall also apply to tangible personal
   42  property of such new business and tangible personal property
   43  related to the expansion of an existing business. The amount or
   44  limits of the amount of such exemption shall be specified by
   45  general law. The period of time for which such exemption may be
   46  granted to a new business or expansion of an existing business
   47  shall be determined by general law. The authority to grant such
   48  exemption shall expire ten years from the date of approval by
   49  the electors of the county or municipality, and may be renewable
   50  by referendum as provided by general law.
   51         (d) Any county or municipality may, for the purpose of its
   52  respective tax levy and subject to the provisions of this
   53  subsection and general law, grant historic preservation ad
   54  valorem tax exemptions to owners of historic properties. This
   55  exemption may be granted only by ordinance of the county or
   56  municipality. The amount or limits of the amount of this
   57  exemption and the requirements for eligible properties must be
   58  specified by general law. The period of time for which this
   59  exemption may be granted to a property owner shall be determined
   60  by general law.
   61         (e) By general law and subject to conditions specified
   62  therein:,
   63         (1) Twenty-five thousand dollars of the assessed value of
   64  property subject to tangible personal property tax shall be
   65  exempt from ad valorem taxation.
   66         (2) The assessed value of a solar or renewable energy
   67  source device subject to tangible personal property tax may be
   68  exempt from ad valorem taxation, subject to conditions,
   69  limitations, and reasonable definitions specified by general
   70  law.
   71         (f) There shall be granted an ad valorem tax exemption for
   72  real property dedicated in perpetuity for conservation purposes,
   73  including real property encumbered by perpetual conservation
   74  easements or by other perpetual conservation protections, as
   75  defined by general law.
   76         (g) By general law and subject to the conditions specified
   77  therein, each person who receives a homestead exemption as
   78  provided in section 6 of this article; who was a member of the
   79  United States military or military reserves, the United States
   80  Coast Guard or its reserves, or the Florida National Guard; and
   81  who was deployed during the preceding calendar year on active
   82  duty outside the continental United States, Alaska, or Hawaii in
   83  support of military operations designated by the legislature
   84  shall receive an additional exemption equal to a percentage of
   85  the taxable value of his or her homestead property. The
   86  applicable percentage shall be calculated as the number of days
   87  during the preceding calendar year the person was deployed on
   88  active duty outside the continental United States, Alaska, or
   89  Hawaii in support of military operations designated by the
   90  legislature divided by the number of days in that year.
   91         SECTION 4. Taxation; assessments.—By general law
   92  regulations shall be prescribed which shall secure a just
   93  valuation of all property for ad valorem taxation, provided:
   94         (a) Agricultural land, land producing high water recharge
   95  to Florida’s aquifers, or land used exclusively for
   96  noncommercial recreational purposes may be classified by general
   97  law and assessed solely on the basis of character or use.
   98         (b) As provided by general law and subject to conditions,
   99  limitations, and reasonable definitions specified therein, land
  100  used for conservation purposes shall be classified by general
  101  law and assessed solely on the basis of character or use.
  102         (c) Pursuant to general law tangible personal property held
  103  for sale as stock in trade and livestock may be valued for
  104  taxation at a specified percentage of its value, may be
  105  classified for tax purposes, or may be exempted from taxation.
  106         (d) All persons entitled to a homestead exemption under
  107  Section 6 of this Article shall have their homestead assessed at
  108  just value as of January 1 of the year following the effective
  109  date of this amendment. This assessment shall change only as
  110  provided in this subsection.
  111         (1) Assessments subject to this subsection shall be changed
  112  annually on January 1st of each year; but those changes in
  113  assessments shall not exceed the lower of the following:
  114         a. Three percent (3%) of the assessment for the prior year.
  115         b. The percent change in the Consumer Price Index for all
  116  urban consumers, U.S. City Average, all items 1967=100, or
  117  successor reports for the preceding calendar year as initially
  118  reported by the United States Department of Labor, Bureau of
  119  Labor Statistics.
  120         (2) No assessment shall exceed just value.
  121         (3) After any change of ownership, as provided by general
  122  law, homestead property shall be assessed at just value as of
  123  January 1 of the following year, unless the provisions of
  124  paragraph (8) apply. Thereafter, the homestead shall be assessed
  125  as provided in this subsection.
  126         (4) New homestead property shall be assessed at just value
  127  as of January 1st of the year following the establishment of the
  128  homestead, unless the provisions of paragraph (8) apply. That
  129  assessment shall only change as provided in this subsection.
  130         (5) Changes, additions, reductions, or improvements to
  131  homestead property shall be assessed as provided for by general
  132  law; provided, however, after the adjustment for any change,
  133  addition, reduction, or improvement, the property shall be
  134  assessed as provided in this subsection.
  135         (6) In the event of a termination of homestead status, the
  136  property shall be assessed as provided by general law.
  137         (7) The provisions of this amendment are severable. If any
  138  of the provisions of this amendment shall be held
  139  unconstitutional by any court of competent jurisdiction, the
  140  decision of such court shall not affect or impair any remaining
  141  provisions of this amendment.
  142         (8)a. A person who establishes a new homestead as of
  143  January 1, 2009, or January 1 of any subsequent year and who has
  144  received a homestead exemption pursuant to Section 6 of this
  145  Article as of January 1 of either of the two years immediately
  146  preceding the establishment of the new homestead is entitled to
  147  have the new homestead assessed at less than just value. If this
  148  revision is approved in January of 2008, a person who
  149  establishes a new homestead as of January 1, 2008, is entitled
  150  to have the new homestead assessed at less than just value only
  151  if that person received a homestead exemption on January 1,
  152  2007. The assessed value of the newly established homestead
  153  shall be determined as follows:
  154         1. If the just value of the new homestead is greater than
  155  or equal to the just value of the prior homestead as of January
  156  1 of the year in which the prior homestead was abandoned, the
  157  assessed value of the new homestead shall be the just value of
  158  the new homestead minus an amount equal to the lesser of
  159  $500,000 or the difference between the just value and the
  160  assessed value of the prior homestead as of January 1 of the
  161  year in which the prior homestead was abandoned. Thereafter, the
  162  homestead shall be assessed as provided in this subsection.
  163         2. If the just value of the new homestead is less than the
  164  just value of the prior homestead as of January 1 of the year in
  165  which the prior homestead was abandoned, the assessed value of
  166  the new homestead shall be equal to the just value of the new
  167  homestead divided by the just value of the prior homestead and
  168  multiplied by the assessed value of the prior homestead.
  169  However, if the difference between the just value of the new
  170  homestead and the assessed value of the new homestead calculated
  171  pursuant to this sub-subparagraph is greater than $500,000, the
  172  assessed value of the new homestead shall be increased so that
  173  the difference between the just value and the assessed value
  174  equals $500,000. Thereafter, the homestead shall be assessed as
  175  provided in this subsection.
  176         b. By general law and subject to conditions specified
  177  therein, the legislature shall provide for application of this
  178  paragraph to property owned by more than one person.
  179         (e) The legislature may, by general law, for assessment
  180  purposes and subject to the provisions of this subsection, allow
  181  counties and municipalities to authorize by ordinance that
  182  historic property may be assessed solely on the basis of
  183  character or use. Such character or use assessment shall apply
  184  only to the jurisdiction adopting the ordinance. The
  185  requirements for eligible properties must be specified by
  186  general law.
  187         (f) A county may, in the manner prescribed by general law,
  188  provide for a reduction in the assessed value of homestead
  189  property to the extent of any increase in the assessed value of
  190  that property which results from the construction or
  191  reconstruction of the property for the purpose of providing
  192  living quarters for one or more natural or adoptive grandparents
  193  or parents of the owner of the property or of the owner’s spouse
  194  if at least one of the grandparents or parents for whom the
  195  living quarters are provided is 62 years of age or older. Such a
  196  reduction may not exceed the lesser of the following:
  197         (1) The increase in assessed value resulting from
  198  construction or reconstruction of the property.
  199         (2) Twenty percent of the total assessed value of the
  200  property as improved.
  201         (g) For all levies other than school district levies,
  202  assessments of residential real property, as defined by general
  203  law, which contains nine units or fewer and which is not subject
  204  to the assessment limitations set forth in subsections (a)
  205  through (d) shall change only as provided in this subsection.
  206         (1) Assessments subject to this subsection shall be changed
  207  annually on the date of assessment provided by law; but those
  208  changes in assessments shall not exceed ten percent (10%) of the
  209  assessment for the prior year.
  210         (2) No assessment shall exceed just value.
  211         (3) After a change of ownership or control, as defined by
  212  general law, including any change of ownership of a legal entity
  213  that owns the property, such property shall be assessed at just
  214  value as of the next assessment date. Thereafter, such property
  215  shall be assessed as provided in this subsection.
  216         (4) Changes, additions, reductions, or improvements to such
  217  property shall be assessed as provided for by general law;
  218  however, after the adjustment for any change, addition,
  219  reduction, or improvement, the property shall be assessed as
  220  provided in this subsection.
  221         (h) For all levies other than school district levies,
  222  assessments of real property that is not subject to the
  223  assessment limitations set forth in subsections (a) through (d)
  224  and (g) shall change only as provided in this subsection.
  225         (1) Assessments subject to this subsection shall be changed
  226  annually on the date of assessment provided by law; but those
  227  changes in assessments shall not exceed ten percent (10%) of the
  228  assessment for the prior year.
  229         (2) No assessment shall exceed just value.
  230         (3) The legislature must provide that such property shall
  231  be assessed at just value as of the next assessment date after a
  232  qualifying improvement, as defined by general law, is made to
  233  such property. Thereafter, such property shall be assessed as
  234  provided in this subsection.
  235         (4) The legislature may provide that such property shall be
  236  assessed at just value as of the next assessment date after a
  237  change of ownership or control, as defined by general law,
  238  including any change of ownership of the legal entity that owns
  239  the property. Thereafter, such property shall be assessed as
  240  provided in this subsection.
  241         (5) Changes, additions, reductions, or improvements to such
  242  property shall be assessed as provided for by general law;
  243  however, after the adjustment for any change, addition,
  244  reduction, or improvement, the property shall be assessed as
  245  provided in this subsection.
  246         (i) The legislature, by general law and subject to
  247  conditions specified therein, may prohibit the consideration of
  248  the following in the determination of the assessed value of real
  249  property used for residential purposes:
  250         (1) Any change or improvement to real property used for
  251  residential purposes made to improve for the purpose of
  252  improving the property’s resistance to wind damage.
  253         (2) The installation of a solar or renewable energy source
  254  device.
  255         (j)(1) The assessment of the following working waterfront
  256  properties shall be based upon the current use of the property:
  257         a. Land used predominantly for commercial fishing purposes.
  258         b. Land that is accessible to the public and used for
  259  vessel launches into waters that are navigable.
  260         c. Marinas and drystacks that are open to the public.
  261         d. Water-dependent marine manufacturing facilities,
  262  commercial fishing facilities, and marine vessel construction
  263  and repair facilities and their support activities.
  264         (2) The assessment benefit provided by this subsection is
  265  subject to conditions and limitations and reasonable definitions
  266  as specified by the legislature by general law.
  267                             ARTICLE XII                           
  268                              SCHEDULE                             
  269         SECTION 34. Solar or renewable energy source devices;
  270  exemption from certain taxation and assessment.—This section,
  271  the amendment to subsection (e) of Section 3 of Article VII
  272  authorizing the legislature, by general law, to exempt the
  273  assessed value of a solar or renewable energy source device from
  274  the tangible personal property tax, and the amendment to
  275  subsection (i) of Section 4 of Article VII authorizing the
  276  legislature, by general law, to prohibit the consideration of
  277  the installation of a solar or renewable energy source device in
  278  determining the assessed value of real property for the purpose
  279  of ad valorem taxation shall take effect on January 1, 2018, and
  280  shall expire on December 31, 2037. Upon expiration, this section
  281  shall be repealed and the text of subsection (e) of Section 3 of
  282  Article VII and subsection (i) of Section 4 of Article VII shall
  283  revert to that in existence on December 31, 2017, except that
  284  any amendments to such text otherwise adopted shall be preserved
  285  and continue to operate to the extent that such amendments are
  286  not dependent upon the portions of text which expire pursuant to
  287  this section.
  288  
  289  ====== B A L L O T  S T A T E M E N T  A M E N D M E N T ======
  290  And the ballot statement is amended as follows:
  291         Delete everything after the resolving clause
  292  and insert:
  293                      CONSTITUTIONAL AMENDMENT                     
  294                    ARTICLE VII, SECTIONS 3 AND 4                  
  295                       ARTICLE XII, SECTION 34                     
  296         SOLAR OR RENEWABLE ENERGY SOURCE DEVICES; EXEMPTION FROM
  297  CERTAIN TAXATION AND ASSESSMENT.—Proposing an amendment to the
  298  State Constitution to authorize the Legislature to exempt the
  299  assessed value of a solar or renewable energy source device from
  300  the tangible personal property tax and authorize the Legislature
  301  to prohibit consideration of the installation of such device in
  302  determining the assessed value of all real property for the
  303  purpose of ad valorem taxation. This amendment takes effect
  304  January 1, 2018, and expires on December 31, 2037.
  305  
  306  ================= T I T L E  A M E N D M E N T ================
  307  And the title is amended as follows:
  308         Delete everything before the resolving clause
  309  and insert:
  310                        A bill to be entitled                      
  311         A joint resolution proposing amendments to Sections 3
  312         and 4 of Article VII and the creation of Section 34 of
  313         Article XII of the State Constitution to authorize the
  314         Legislature, by general law, to exempt the assessed
  315         value of a solar or renewable energy source device
  316         from the tangible personal property tax, to authorize
  317         the Legislature, by general law, to prohibit the
  318         consideration of the installation of such device in
  319         determining the assessed value of residential and
  320         nonresidential real property for the purpose of ad
  321         valorem taxation, and to provide effective and
  322         expiration dates.