| 1 | House Joint Resolution |
| 2 | A joint resolution proposing amendments to Sections 4 and |
| 3 | 6 of Article VII of the State Constitution to provide for |
| 4 | a limitation on increases in assessments of commercial or |
| 5 | residential rental property and to provide an additional |
| 6 | homestead exemption for first-time homestead property |
| 7 | owners. |
| 8 |
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| 9 | Be It Resolved by the Legislature of the State of Florida: |
| 10 |
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| 11 | That the following amendments to Sections 4 and 6 of |
| 12 | Article VII of the State Constitution is agreed to and shall be |
| 13 | submitted to the electors of this state for approval or |
| 14 | rejection at the next general election or at an earlier special |
| 15 | election specifically authorized by law for that purpose: |
| 16 | ARTICLE VII |
| 17 | FINANCE AND TAXATION |
| 18 | SECTION 4. Taxation; assessments.--By general law |
| 19 | regulations shall be prescribed which shall secure a just |
| 20 | valuation of all property for ad valorem taxation, provided: |
| 21 | (a) Agricultural land, land producing high water recharge |
| 22 | to Florida's aquifers, or land used exclusively for |
| 23 | noncommercial recreational purposes may be classified by general |
| 24 | law and assessed solely on the basis of character or use. |
| 25 | (b) As provided by general law and subject to conditions, |
| 26 | limitations, and reasonable definitions specified therein, land |
| 27 | used for conservation purposes shall be classified by general |
| 28 | law and assessed solely on the basis of character or use. |
| 29 | (c) Pursuant to general law tangible personal property |
| 30 | held for sale as stock in trade and livestock may be valued for |
| 31 | taxation at a specified percentage of its value, may be |
| 32 | classified for tax purposes, or may be exempted from taxation. |
| 33 | (d) All persons entitled to a homestead exemption under |
| 34 | Section 6 of this Article shall have their homestead assessed at |
| 35 | just value as of January 1 of the year following the effective |
| 36 | date of this amendment. This assessment shall change only as |
| 37 | provided in this subsection. |
| 38 | (1) Assessments subject to this subsection shall be |
| 39 | changed annually on January 1st of each year; but those changes |
| 40 | in assessments shall not exceed the lower of the following: |
| 41 | a. Three percent (3%) of the assessment for the prior |
| 42 | year. |
| 43 | b. The percent change in the Consumer Price Index for all |
| 44 | urban consumers, U.S. City Average, all items 1967=100, or |
| 45 | successor reports for the preceding calendar year as initially |
| 46 | reported by the United States Department of Labor, Bureau of |
| 47 | Labor Statistics. |
| 48 | (2) No assessment shall exceed just value. |
| 49 | (3) After any change of ownership, as provided by general |
| 50 | law, homestead property shall be assessed at just value as of |
| 51 | January 1 of the following year, unless the provisions of |
| 52 | paragraph (8) apply. Thereafter, the homestead shall be assessed |
| 53 | as provided in this subsection. |
| 54 | (4) New homestead property shall be assessed at just value |
| 55 | as of January 1st of the year following the establishment of the |
| 56 | homestead, unless the provisions of paragraph (8) apply. That |
| 57 | assessment shall only change as provided in this subsection. |
| 58 | (5) Changes, additions, reductions, or improvements to |
| 59 | homestead property shall be assessed as provided for by general |
| 60 | law; provided, however, after the adjustment for any change, |
| 61 | addition, reduction, or improvement, the property shall be |
| 62 | assessed as provided in this subsection. |
| 63 | (6) In the event of a termination of homestead status, the |
| 64 | property shall be assessed as provided by general law. |
| 65 | (7) The provisions of this amendment are severable. If any |
| 66 | of the provisions of this amendment shall be held |
| 67 | unconstitutional by any court of competent jurisdiction, the |
| 68 | decision of such court shall not affect or impair any remaining |
| 69 | provisions of this amendment. |
| 70 | (8)a. A person who establishes a new homestead as of |
| 71 | January 1, 2009, or January 1 of any subsequent year and who has |
| 72 | received a homestead exemption pursuant to Section 6 of this |
| 73 | Article as of January 1 of either of the two years immediately |
| 74 | preceding the establishment of the new homestead is entitled to |
| 75 | have the new homestead assessed at less than just value. If this |
| 76 | revision is approved in January of 2008, a person who |
| 77 | establishes a new homestead as of January 1, 2008, is entitled |
| 78 | to have the new homestead assessed at less than just value only |
| 79 | if that person received a homestead exemption on January 1, |
| 80 | 2007. The assessed value of the newly established homestead |
| 81 | shall be determined as follows: |
| 82 | 1. If the just value of the new homestead is greater than |
| 83 | or equal to the just value of the prior homestead as of January |
| 84 | 1 of the year in which the prior homestead was abandoned, the |
| 85 | assessed value of the new homestead shall be the just value of |
| 86 | the new homestead minus an amount equal to the lesser of |
| 87 | $500,000 or the difference between the just value and the |
| 88 | assessed value of the prior homestead as of January 1 of the |
| 89 | year in which the prior homestead was abandoned. Thereafter, the |
| 90 | homestead shall be assessed as provided in this subsection. |
| 91 | 2. If the just value of the new homestead is less than the |
| 92 | just value of the prior homestead as of January 1 of the year in |
| 93 | which the prior homestead was abandoned, the assessed value of |
| 94 | the new homestead shall be equal to the just value of the new |
| 95 | homestead divided by the just value of the prior homestead and |
| 96 | multiplied by the assessed value of the prior homestead. |
| 97 | However, if the difference between the just value of the new |
| 98 | homestead and the assessed value of the new homestead calculated |
| 99 | pursuant to this sub-subparagraph is greater than $500,000, the |
| 100 | assessed value of the new homestead shall be increased so that |
| 101 | the difference between the just value and the assessed value |
| 102 | equals $500,000. Thereafter, the homestead shall be assessed as |
| 103 | provided in this subsection. |
| 104 | b. By general law and subject to conditions specified |
| 105 | therein, the Legislature shall provide for application of this |
| 106 | paragraph to property owned by more than one person. |
| 107 | (e) The legislature may, by general law, for assessment |
| 108 | purposes and subject to the provisions of this subsection, allow |
| 109 | counties and municipalities to authorize by ordinance that |
| 110 | historic property may be assessed solely on the basis of |
| 111 | character or use. Such character or use assessment shall apply |
| 112 | only to the jurisdiction adopting the ordinance. The |
| 113 | requirements for eligible properties must be specified by |
| 114 | general law. |
| 115 | (f) A county may, in the manner prescribed by general law, |
| 116 | provide for a reduction in the assessed value of homestead |
| 117 | property to the extent of any increase in the assessed value of |
| 118 | that property which results from the construction or |
| 119 | reconstruction of the property for the purpose of providing |
| 120 | living quarters for one or more natural or adoptive grandparents |
| 121 | or parents of the owner of the property or of the owner's spouse |
| 122 | if at least one of the grandparents or parents for whom the |
| 123 | living quarters are provided is 62 years of age or older. Such a |
| 124 | reduction may not exceed the lesser of the following: |
| 125 | (1) The increase in assessed value resulting from |
| 126 | construction or reconstruction of the property. |
| 127 | (2) Twenty percent of the total assessed value of the |
| 128 | property as improved. |
| 129 | (g) For all levies other than school district levies, |
| 130 | assessments of residential real property, as defined by general |
| 131 | law, which contains nine units or fewer and which is not subject |
| 132 | to the assessment limitations set forth in subsections (a) |
| 133 | through (d) shall change only as provided in this subsection. |
| 134 | (1) Assessments subject to this subsection shall be |
| 135 | changed annually on the date of assessment provided by law; but |
| 136 | those changes in assessments shall not exceed ten percent (10%) |
| 137 | of the assessment for the prior year. |
| 138 | (2) No assessment shall exceed just value. |
| 139 | (3) After a change of ownership or control, as defined by |
| 140 | general law, including any change of ownership of a legal entity |
| 141 | that owns the property, such property shall be assessed at just |
| 142 | value as of the next assessment date. Thereafter, such property |
| 143 | shall be assessed as provided in this subsection. |
| 144 | (4) Changes, additions, reductions, or improvements to |
| 145 | such property shall be assessed as provided for by general law; |
| 146 | however, after the adjustment for any change, addition, |
| 147 | reduction, or improvement, the property shall be assessed as |
| 148 | provided in this subsection. |
| 149 | (h) For all levies other than school district levies, |
| 150 | assessments of real property that is not subject to the |
| 151 | assessment limitations set forth in subsections (a) through (d) |
| 152 | and (g) shall change only as provided in this subsection. |
| 153 | (1) Assessments subject to this subsection shall be |
| 154 | changed annually on the date of assessment provided by law; but |
| 155 | those changes in assessments shall not exceed ten percent (10%) |
| 156 | of the assessment for the prior year. |
| 157 | (2) No assessment shall exceed just value. |
| 158 | (3) The legislature must provide that such property shall |
| 159 | be assessed at just value as of the next assessment date after a |
| 160 | qualifying improvement, as defined by general law, is made to |
| 161 | such property. Thereafter, such property shall be assessed as |
| 162 | provided in this subsection. |
| 163 | (4) The legislature may provide that such property shall |
| 164 | be assessed at just value as of the next assessment date after a |
| 165 | change of ownership or control, as defined by general law, |
| 166 | including any change of ownership of the legal entity that owns |
| 167 | the property. Thereafter, such property shall be assessed as |
| 168 | provided in this subsection. |
| 169 | (5) Changes, additions, reductions, or improvements to |
| 170 | such property shall be assessed as provided for by general law; |
| 171 | however, after the adjustment for any change, addition, |
| 172 | reduction, or improvement, the property shall be assessed as |
| 173 | provided in this subsection. |
| 174 | (i) The legislature, by general law and subject to |
| 175 | conditions specified therein, may prohibit the consideration of |
| 176 | the following in the determination of the assessed value of real |
| 177 | property used for residential purposes: |
| 178 | (1) Any change or improvement made for the purpose of |
| 179 | improving the property's resistance to wind damage. |
| 180 | (2) The installation of a renewable energy source device. |
| 181 | (j)(1) The assessment of the following working waterfront |
| 182 | properties shall be based upon the current use of the property: |
| 183 | a. Land used predominantly for commercial fishing |
| 184 | purposes. |
| 185 | b. Land that is accessible to the public and used for |
| 186 | vessel launches into waters that are navigable. |
| 187 | c. Marinas and drystacks that are open to the public. |
| 188 | d. Water-dependent marine manufacturing facilities, |
| 189 | commercial fishing facilities, and marine vessel construction |
| 190 | and repair facilities and their support activities. |
| 191 | (2) The assessment benefit provided by this subsection is |
| 192 | subject to conditions and limitations and reasonable definitions |
| 193 | as specified by the legislature by general law. |
| 194 | (k) Pursuant to general law and subject to conditions |
| 195 | specified therein, increases in assessments of real property |
| 196 | used for commercial or residential rental purposes may be |
| 197 | limited to the greater of five percent or the average annual |
| 198 | percentage growth in revenues derived from the property over the |
| 199 | preceding three years if ownership of the property has not |
| 200 | changed. |
| 201 | SECTION 6. Homestead exemptions.-- |
| 202 | (a) Every person who has the legal or equitable title to |
| 203 | real estate and maintains thereon the permanent residence of the |
| 204 | owner, or another legally or naturally dependent upon the owner, |
| 205 | shall be exempt from taxation thereon, except assessments for |
| 206 | special benefits, up to the assessed valuation of twenty-five |
| 207 | thousand dollars and, for all levies other than school district |
| 208 | levies, on the assessed valuation greater than fifty thousand |
| 209 | dollars and up to seventy-five thousand dollars, upon |
| 210 | establishment of right thereto in the manner prescribed by law. |
| 211 | The real estate may be held by legal or equitable title, by the |
| 212 | entireties, jointly, in common, as a condominium, or indirectly |
| 213 | by stock ownership or membership representing the owner's or |
| 214 | member's proprietary interest in a corporation owning a fee or a |
| 215 | leasehold initially in excess of ninety-eight years. The |
| 216 | exemption shall not apply with respect to any assessment roll |
| 217 | until such roll is first determined to be in compliance with the |
| 218 | provisions of section 4 by a state agency designated by general |
| 219 | law. This exemption is repealed on the effective date of any |
| 220 | amendment to this Article which provides for the assessment of |
| 221 | homestead property at less than just value. |
| 222 | (b) Not more than one exemption shall be allowed any |
| 223 | individual or family unit or with respect to any residential |
| 224 | unit. No exemption shall exceed the value of the real estate |
| 225 | assessable to the owner or, in case of ownership through stock |
| 226 | or membership in a corporation, the value of the proportion |
| 227 | which the interest in the corporation bears to the assessed |
| 228 | value of the property. |
| 229 | (c) As provided by general law and subject to conditions |
| 230 | specified therein, every person who establishes the right to |
| 231 | receive the homestead exemption provided in subsection (a) |
| 232 | within one year after purchasing the homestead property and who |
| 233 | has not previously owned property to which the homestead |
| 234 | exemption provided in subsection (a) applied is entitled to an |
| 235 | additional homestead exemption in an amount equal to fifty |
| 236 | percent of the homestead property's just value on January 1 of |
| 237 | the year the homestead is established. The amount of the initial |
| 238 | additional exemption shall be reduced by twenty percent on |
| 239 | January 1 of each year after the additional exemption is |
| 240 | granted. The additional exemption is not available if any owner |
| 241 | of the property has previously owned property to which the |
| 242 | homestead exemption provided in subsection (a) applied. |
| 243 | (d)(c) By general law and subject to conditions specified |
| 244 | therein, the Legislature may provide to renters, who are |
| 245 | permanent residents, ad valorem tax relief on all ad valorem tax |
| 246 | levies. Such ad valorem tax relief shall be in the form and |
| 247 | amount established by general law. |
| 248 | (e)(d) The legislature may, by general law, allow counties |
| 249 | or municipalities, for the purpose of their respective tax |
| 250 | levies and subject to the provisions of general law, to grant an |
| 251 | additional homestead tax exemption not exceeding fifty thousand |
| 252 | dollars to any person who has the legal or equitable title to |
| 253 | real estate and maintains thereon the permanent residence of the |
| 254 | owner and who has attained age sixty-five and whose household |
| 255 | income, as defined by general law, does not exceed twenty |
| 256 | thousand dollars. The general law must allow counties and |
| 257 | municipalities to grant this additional exemption, within the |
| 258 | limits prescribed in this subsection, by ordinance adopted in |
| 259 | the manner prescribed by general law, and must provide for the |
| 260 | periodic adjustment of the income limitation prescribed in this |
| 261 | subsection for changes in the cost of living. |
| 262 | (f)(e) Each veteran who is age 65 or older who is |
| 263 | partially or totally permanently disabled shall receive a |
| 264 | discount from the amount of the ad valorem tax otherwise owed on |
| 265 | homestead property the veteran owns and resides in if the |
| 266 | disability was combat related, the veteran was a resident of |
| 267 | this state at the time of entering the military service of the |
| 268 | United States, and the veteran was honorably discharged upon |
| 269 | separation from military service. The discount shall be in a |
| 270 | percentage equal to the percentage of the veteran's permanent, |
| 271 | service-connected disability as determined by the United States |
| 272 | Department of Veterans Affairs. To qualify for the discount |
| 273 | granted by this subsection, an applicant must submit to the |
| 274 | county property appraiser, by March 1, proof of residency at the |
| 275 | time of entering military service, an official letter from the |
| 276 | United States Department of Veterans Affairs stating the |
| 277 | percentage of the veteran's service-connected disability and |
| 278 | such evidence that reasonably identifies the disability as |
| 279 | combat related, and a copy of the veteran's honorable discharge. |
| 280 | If the property appraiser denies the request for a discount, the |
| 281 | appraiser must notify the applicant in writing of the reasons |
| 282 | for the denial, and the veteran may reapply. The Legislature |
| 283 | may, by general law, waive the annual application requirement in |
| 284 | subsequent years. This subsection shall take effect December 7, |
| 285 | 2006, is self-executing, and does not require implementing |
| 286 | legislation. |
| 287 | BE IT FURTHER RESOLVED that the following statement be |
| 288 | placed on the ballot: |
| 289 | CONSTITUTIONAL AMENDMENT |
| 290 | ARTICLE VII, SECTIONS 4 AND 6 |
| 291 | COMMERCIAL AND RESIDENTIAL RENTAL PROPERTY ASSESSMENT |
| 292 | LIMITATION; ADDITIONAL HOMESTEAD EXEMPTION FOR FIRST-TIME |
| 293 | HOMESTEAD PROPERTY OWNERS.--Proposing amendments to the State |
| 294 | Constitution to limit increases in assessments of real property |
| 295 | used for commercial or residential rental purposes to the |
| 296 | greater of 5 percent or the average annual percentage growth in |
| 297 | revenues derived from the property over the preceding 3 years if |
| 298 | ownership of the property has not changed and to provide first- |
| 299 | time homestead property owners with an additional homestead |
| 300 | exemption equal to 50 percent of the property's just value in |
| 301 | the first year and the amount of the additional exemption to be |
| 302 | reduced by 20 percent in each succeeding year. |