Florida Senate - 2016                             CS for SJR 170
       
       
        
       By the Committee on Finance and Tax; and Senator Brandes
       
       593-02009-16                                           2016170c1
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Sections 3
    3         and 4 of Article VII and the creation of Section 34 of
    4         Article XII of the State Constitution to require the
    5         Legislature, by general law, to exempt the assessed
    6         value of a renewable energy source device from the
    7         tangible personal property tax, to allow the
    8         Legislature, by general law, to prohibit the
    9         consideration of the installation of such device in
   10         determining the assessed value of residential and
   11         nonresidential real property for the purpose of ad
   12         valorem taxation, and to provide effective and
   13         expiration dates.
   14          
   15  Be It Resolved by the Legislature of the State of Florida:
   16  
   17         That the following amendment to Sections 3 and 4 of Article
   18  VII and the creation of Section 34 of Article XII of the State
   19  Constitution are agreed to and shall be submitted to the
   20  electors of this state for approval or rejection at the next
   21  general election or at an earlier special election specifically
   22  authorized by law for that purpose:
   23                             ARTICLE VII                           
   24                        FINANCE AND TAXATION                       
   25         SECTION 3. Taxes; exemptions.—
   26         (a) All property owned by a municipality and used
   27  exclusively by it for municipal or public purposes shall be
   28  exempt from taxation. A municipality, owning property outside
   29  the municipality, may be required by general law to make payment
   30  to the taxing unit in which the property is located. Such
   31  portions of property as are used predominantly for educational,
   32  literary, scientific, religious or charitable purposes may be
   33  exempted by general law from taxation.
   34         (b) There shall be exempt from taxation, cumulatively, to
   35  every head of a family residing in this state, household goods
   36  and personal effects to the value fixed by general law, not less
   37  than one thousand dollars, and to every widow or widower or
   38  person who is blind or totally and permanently disabled,
   39  property to the value fixed by general law not less than five
   40  hundred dollars.
   41         (c) Any county or municipality may, for the purpose of its
   42  respective tax levy and subject to the provisions of this
   43  subsection and general law, grant community and economic
   44  development ad valorem tax exemptions to new businesses and
   45  expansions of existing businesses, as defined by general law.
   46  Such an exemption may be granted only by ordinance of the county
   47  or municipality, and only after the electors of the county or
   48  municipality voting on such question in a referendum authorize
   49  the county or municipality to adopt such ordinances. An
   50  exemption so granted shall apply to improvements to real
   51  property made by or for the use of a new business and
   52  improvements to real property related to the expansion of an
   53  existing business and shall also apply to tangible personal
   54  property of such new business and tangible personal property
   55  related to the expansion of an existing business. The amount or
   56  limits of the amount of such exemption shall be specified by
   57  general law. The period of time for which such exemption may be
   58  granted to a new business or expansion of an existing business
   59  shall be determined by general law. The authority to grant such
   60  exemption shall expire ten years from the date of approval by
   61  the electors of the county or municipality, and may be renewable
   62  by referendum as provided by general law.
   63         (d) Any county or municipality may, for the purpose of its
   64  respective tax levy and subject to the provisions of this
   65  subsection and general law, grant historic preservation ad
   66  valorem tax exemptions to owners of historic properties. This
   67  exemption may be granted only by ordinance of the county or
   68  municipality. The amount or limits of the amount of this
   69  exemption and the requirements for eligible properties must be
   70  specified by general law. The period of time for which this
   71  exemption may be granted to a property owner shall be determined
   72  by general law.
   73         (e) By general law and subject to conditions specified
   74  therein:,
   75         (1) Twenty-five thousand dollars of the assessed value of
   76  property subject to tangible personal property tax shall be
   77  exempt from ad valorem taxation.
   78         (2) The assessed value of a renewable energy source device
   79  shall be exempt from the tangible personal property tax.
   80         (f) There shall be granted an ad valorem tax exemption for
   81  real property dedicated in perpetuity for conservation purposes,
   82  including real property encumbered by perpetual conservation
   83  easements or by other perpetual conservation protections, as
   84  defined by general law.
   85         (g) By general law and subject to the conditions specified
   86  therein, each person who receives a homestead exemption as
   87  provided in section 6 of this article; who was a member of the
   88  United States military or military reserves, the United States
   89  Coast Guard or its reserves, or the Florida National Guard; and
   90  who was deployed during the preceding calendar year on active
   91  duty outside the continental United States, Alaska, or Hawaii in
   92  support of military operations designated by the legislature
   93  shall receive an additional exemption equal to a percentage of
   94  the taxable value of his or her homestead property. The
   95  applicable percentage shall be calculated as the number of days
   96  during the preceding calendar year the person was deployed on
   97  active duty outside the continental United States, Alaska, or
   98  Hawaii in support of military operations designated by the
   99  legislature divided by the number of days in that year.
  100         SECTION 4. Taxation; assessments.—By general law
  101  regulations shall be prescribed which shall secure a just
  102  valuation of all property for ad valorem taxation, provided:
  103         (a) Agricultural land, land producing high water recharge
  104  to Florida’s aquifers, or land used exclusively for
  105  noncommercial recreational purposes may be classified by general
  106  law and assessed solely on the basis of character or use.
  107         (b) As provided by general law and subject to conditions,
  108  limitations, and reasonable definitions specified therein, land
  109  used for conservation purposes shall be classified by general
  110  law and assessed solely on the basis of character or use.
  111         (c) Pursuant to general law tangible personal property held
  112  for sale as stock in trade and livestock may be valued for
  113  taxation at a specified percentage of its value, may be
  114  classified for tax purposes, or may be exempted from taxation.
  115         (d) All persons entitled to a homestead exemption under
  116  Section 6 of this Article shall have their homestead assessed at
  117  just value as of January 1 of the year following the effective
  118  date of this amendment. This assessment shall change only as
  119  provided in this subsection.
  120         (1) Assessments subject to this subsection shall be changed
  121  annually on January 1st of each year; but those changes in
  122  assessments shall not exceed the lower of the following:
  123         a. Three percent (3%) of the assessment for the prior year.
  124         b. The percent change in the Consumer Price Index for all
  125  urban consumers, U.S. City Average, all items 1967=100, or
  126  successor reports for the preceding calendar year as initially
  127  reported by the United States Department of Labor, Bureau of
  128  Labor Statistics.
  129         (2) No assessment shall exceed just value.
  130         (3) After any change of ownership, as provided by general
  131  law, homestead property shall be assessed at just value as of
  132  January 1 of the following year, unless the provisions of
  133  paragraph (8) apply. Thereafter, the homestead shall be assessed
  134  as provided in this subsection.
  135         (4) New homestead property shall be assessed at just value
  136  as of January 1st of the year following the establishment of the
  137  homestead, unless the provisions of paragraph (8) apply. That
  138  assessment shall only change as provided in this subsection.
  139         (5) Changes, additions, reductions, or improvements to
  140  homestead property shall be assessed as provided for by general
  141  law; provided, however, after the adjustment for any change,
  142  addition, reduction, or improvement, the property shall be
  143  assessed as provided in this subsection.
  144         (6) In the event of a termination of homestead status, the
  145  property shall be assessed as provided by general law.
  146         (7) The provisions of this amendment are severable. If any
  147  of the provisions of this amendment shall be held
  148  unconstitutional by any court of competent jurisdiction, the
  149  decision of such court shall not affect or impair any remaining
  150  provisions of this amendment.
  151         (8)a. A person who establishes a new homestead as of
  152  January 1, 2009, or January 1 of any subsequent year and who has
  153  received a homestead exemption pursuant to Section 6 of this
  154  Article as of January 1 of either of the two years immediately
  155  preceding the establishment of the new homestead is entitled to
  156  have the new homestead assessed at less than just value. If this
  157  revision is approved in January of 2008, a person who
  158  establishes a new homestead as of January 1, 2008, is entitled
  159  to have the new homestead assessed at less than just value only
  160  if that person received a homestead exemption on January 1,
  161  2007. The assessed value of the newly established homestead
  162  shall be determined as follows:
  163         1. If the just value of the new homestead is greater than
  164  or equal to the just value of the prior homestead as of January
  165  1 of the year in which the prior homestead was abandoned, the
  166  assessed value of the new homestead shall be the just value of
  167  the new homestead minus an amount equal to the lesser of
  168  $500,000 or the difference between the just value and the
  169  assessed value of the prior homestead as of January 1 of the
  170  year in which the prior homestead was abandoned. Thereafter, the
  171  homestead shall be assessed as provided in this subsection.
  172         2. If the just value of the new homestead is less than the
  173  just value of the prior homestead as of January 1 of the year in
  174  which the prior homestead was abandoned, the assessed value of
  175  the new homestead shall be equal to the just value of the new
  176  homestead divided by the just value of the prior homestead and
  177  multiplied by the assessed value of the prior homestead.
  178  However, if the difference between the just value of the new
  179  homestead and the assessed value of the new homestead calculated
  180  pursuant to this sub-subparagraph is greater than $500,000, the
  181  assessed value of the new homestead shall be increased so that
  182  the difference between the just value and the assessed value
  183  equals $500,000. Thereafter, the homestead shall be assessed as
  184  provided in this subsection.
  185         b. By general law and subject to conditions specified
  186  therein, the legislature shall provide for application of this
  187  paragraph to property owned by more than one person.
  188         (e) The legislature may, by general law, for assessment
  189  purposes and subject to the provisions of this subsection, allow
  190  counties and municipalities to authorize by ordinance that
  191  historic property may be assessed solely on the basis of
  192  character or use. Such character or use assessment shall apply
  193  only to the jurisdiction adopting the ordinance. The
  194  requirements for eligible properties must be specified by
  195  general law.
  196         (f) A county may, in the manner prescribed by general law,
  197  provide for a reduction in the assessed value of homestead
  198  property to the extent of any increase in the assessed value of
  199  that property which results from the construction or
  200  reconstruction of the property for the purpose of providing
  201  living quarters for one or more natural or adoptive grandparents
  202  or parents of the owner of the property or of the owner’s spouse
  203  if at least one of the grandparents or parents for whom the
  204  living quarters are provided is 62 years of age or older. Such a
  205  reduction may not exceed the lesser of the following:
  206         (1) The increase in assessed value resulting from
  207  construction or reconstruction of the property.
  208         (2) Twenty percent of the total assessed value of the
  209  property as improved.
  210         (g) For all levies other than school district levies,
  211  assessments of residential real property, as defined by general
  212  law, which contains nine units or fewer and which is not subject
  213  to the assessment limitations set forth in subsections (a)
  214  through (d) shall change only as provided in this subsection.
  215         (1) Assessments subject to this subsection shall be changed
  216  annually on the date of assessment provided by law; but those
  217  changes in assessments shall not exceed ten percent (10%) of the
  218  assessment for the prior year.
  219         (2) No assessment shall exceed just value.
  220         (3) After a change of ownership or control, as defined by
  221  general law, including any change of ownership of a legal entity
  222  that owns the property, such property shall be assessed at just
  223  value as of the next assessment date. Thereafter, such property
  224  shall be assessed as provided in this subsection.
  225         (4) Changes, additions, reductions, or improvements to such
  226  property shall be assessed as provided for by general law;
  227  however, after the adjustment for any change, addition,
  228  reduction, or improvement, the property shall be assessed as
  229  provided in this subsection.
  230         (h) For all levies other than school district levies,
  231  assessments of real property that is not subject to the
  232  assessment limitations set forth in subsections (a) through (d)
  233  and (g) shall change only as provided in this subsection.
  234         (1) Assessments subject to this subsection shall be changed
  235  annually on the date of assessment provided by law; but those
  236  changes in assessments shall not exceed ten percent (10%) of the
  237  assessment for the prior year.
  238         (2) No assessment shall exceed just value.
  239         (3) The legislature must provide that such property shall
  240  be assessed at just value as of the next assessment date after a
  241  qualifying improvement, as defined by general law, is made to
  242  such property. Thereafter, such property shall be assessed as
  243  provided in this subsection.
  244         (4) The legislature may provide that such property shall be
  245  assessed at just value as of the next assessment date after a
  246  change of ownership or control, as defined by general law,
  247  including any change of ownership of the legal entity that owns
  248  the property. Thereafter, such property shall be assessed as
  249  provided in this subsection.
  250         (5) Changes, additions, reductions, or improvements to such
  251  property shall be assessed as provided for by general law;
  252  however, after the adjustment for any change, addition,
  253  reduction, or improvement, the property shall be assessed as
  254  provided in this subsection.
  255         (i) The legislature, by general law and subject to
  256  conditions specified therein, may prohibit the consideration of
  257  the following in the determination of the assessed value of real
  258  property used for residential purposes:
  259         (1) Any change or improvement to real property used for
  260  residential purposes made to improve for the purpose of
  261  improving the property’s resistance to wind damage.
  262         (2) The installation of a renewable energy source device.
  263         (j)(1) The assessment of the following working waterfront
  264  properties shall be based upon the current use of the property:
  265         a. Land used predominantly for commercial fishing purposes.
  266         b. Land that is accessible to the public and used for
  267  vessel launches into waters that are navigable.
  268         c. Marinas and drystacks that are open to the public.
  269         d. Water-dependent marine manufacturing facilities,
  270  commercial fishing facilities, and marine vessel construction
  271  and repair facilities and their support activities.
  272         (2) The assessment benefit provided by this subsection is
  273  subject to conditions and limitations and reasonable definitions
  274  as specified by the legislature by general law.
  275                             ARTICLE XII                           
  276                              SCHEDULE                             
  277         SECTION 34. Renewable energy source devices; exemption from
  278  certain taxation and assessment.—This section, the amendment to
  279  subsection (e) of Section 3 of Article VII requiring the
  280  legislature, by general law, to exempt the assessed value of a
  281  renewable energy source device from the tangible personal
  282  property tax, and the amendment to subsection (i) of Section 4
  283  of Article VII allowing the legislature, by general law, to
  284  prohibit the consideration of the installation of a renewable
  285  energy source device in determining the assessed value of real
  286  property for the purpose of ad valorem taxation shall take
  287  effect on January 1, 2017, and shall expire on December 31,
  288  2036. Upon expiration, this section shall be repealed and the
  289  text of subsection (e) of Section 3 of Article VII and
  290  subsection (i) of Section 4 of Article VII shall revert to that
  291  in existence on December 31, 2016, except that any amendments to
  292  such text otherwise adopted shall be preserved and continue to
  293  operate to the extent that such amendments are not dependent
  294  upon the portions of text which expire pursuant to this section.
  295         BE IT FURTHER RESOLVED that the following statement be
  296  placed on the ballot:
  297                      CONSTITUTIONAL AMENDMENT                     
  298                    ARTICLE VII, SECTIONS 3 AND 4                  
  299                       ARTICLE XII, SECTION 34                     
  300         RENEWABLE ENERGY SOURCE DEVICES; EXEMPTION FROM CERTAIN
  301  TAXATION AND ASSESSMENT.—Proposing an amendment to the State
  302  Constitution to require the Legislature to exempt the assessed
  303  value of a renewable energy source device from the tangible
  304  personal property tax and allow the Legislature to prohibit
  305  consideration of the installation of such device in determining
  306  the assessed value of all real property for the purpose of ad
  307  valorem taxation. This amendment takes effect January 1, 2017,
  308  and expires on December 31, 2036.