| 1 | House Joint Resolution |
| 2 | A joint resolution proposing an amendment to Sections 2, |
| 3 | 4, and 9 of Article VII of the State Constitution to |
| 4 | prevent taxes from increasing on homestead and |
| 5 | nonhomestead property with a declining market value by |
| 6 | prohibiting increases in the annual assessment and the |
| 7 | applicable millage rate. |
| 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 2, 4, and 9 of |
| 12 | Article VII of the State Constitution are 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 2. Taxes; rate.-All ad valorem taxation shall be |
| 19 | at a uniform rate within each taxing unit, except the taxes on |
| 20 | real property may be at different rates if the property is not |
| 21 | subject to an assessment increase under Section 4 and a millage |
| 22 | increase under Section 9 and except the taxes on intangible |
| 23 | personal property may be at different rates but shall never |
| 24 | exceed two mills on the dollar of assessed value; provided, as |
| 25 | to any obligations secured by mortgage, deed of trust, or other |
| 26 | lien on real estate wherever located, an intangible tax of not |
| 27 | more than two mills on the dollar may be levied by law to be in |
| 28 | lieu of all other intangible assessments on such obligations. |
| 29 | SECTION 4. Taxation; assessments.-By general law |
| 30 | regulations shall be prescribed which shall secure a just |
| 31 | valuation of all property for ad valorem taxation, provided: |
| 32 | (a) Agricultural land, land producing high water recharge |
| 33 | to Florida's aquifers, or land used exclusively for |
| 34 | noncommercial recreational purposes may be classified by general |
| 35 | law and assessed solely on the basis of character or use. |
| 36 | (b) As provided by general law and subject to conditions, |
| 37 | limitations, and reasonable definitions specified therein, land |
| 38 | used for conservation purposes shall be classified by general |
| 39 | law and assessed solely on the basis of character or use. |
| 40 | (c) Pursuant to general law tangible personal property |
| 41 | held for sale as stock in trade and livestock may be valued for |
| 42 | taxation at a specified percentage of its value, may be |
| 43 | classified for tax purposes, or may be exempted from taxation. |
| 44 | (d) All persons entitled to a homestead exemption under |
| 45 | Section 6 of this Article shall have their homestead assessed at |
| 46 | just value as of January 1 of the year following the effective |
| 47 | date of this amendment. This assessment shall change only as |
| 48 | provided in this subsection. |
| 49 | (1) Assessments subject to this subsection shall be |
| 50 | changed annually on January 1 1st of each year. |
| 51 | a. An increase in an assessment; but those changes in |
| 52 | assessments shall not exceed the lower of the following: |
| 53 | 1.a. Three percent (3%) of the assessment for the prior |
| 54 | year. |
| 55 | 2.b. The percent change in the Consumer Price Index for |
| 56 | all urban consumers, U.S. City Average, all items 1967=100, or |
| 57 | successor reports for the preceding calendar year as initially |
| 58 | reported by the United States Department of Labor, Bureau of |
| 59 | Labor Statistics. |
| 60 | b. An assessment shall not increase if the just value of |
| 61 | the property is less than the just value of the property on the |
| 62 | preceding January 1. |
| 63 | (2) No assessment shall exceed just value. |
| 64 | (3) After any change of ownership, as provided by general |
| 65 | law, homestead property shall be assessed at just value as of |
| 66 | January 1 of the following year, unless the provisions of |
| 67 | paragraph (8) apply. Thereafter, the homestead shall be assessed |
| 68 | as provided in this subsection. |
| 69 | (4) New homestead property shall be assessed at just value |
| 70 | as of January 1 1st of the year following the establishment of |
| 71 | the homestead, unless the provisions of paragraph (8) apply. |
| 72 | That assessment shall only change as provided in this |
| 73 | subsection. |
| 74 | (5) Changes, additions, reductions, or improvements to |
| 75 | homestead property shall be assessed as provided for by general |
| 76 | law; provided, however, after the adjustment for any change, |
| 77 | addition, reduction, or improvement, the property shall be |
| 78 | assessed as provided in this subsection. |
| 79 | (6) In the event of a termination of homestead status, the |
| 80 | property shall be assessed as provided by general law. |
| 81 | (7) The provisions of this amendment are severable. If any |
| 82 | of the provisions of this amendment shall be held |
| 83 | unconstitutional by any court of competent jurisdiction, the |
| 84 | decision of such court shall not affect or impair any remaining |
| 85 | provisions of this amendment. |
| 86 | (8)a. A person who establishes a new homestead as of |
| 87 | January 1, 2009, or January 1 of any subsequent year and who has |
| 88 | received a homestead exemption pursuant to Section 6 of this |
| 89 | Article as of January 1 of either of the two years immediately |
| 90 | preceding the establishment of the new homestead is entitled to |
| 91 | have the new homestead assessed at less than just value. If this |
| 92 | revision is approved in January of 2008, a person who |
| 93 | establishes a new homestead as of January 1, 2008, is entitled |
| 94 | to have the new homestead assessed at less than just value only |
| 95 | if that person received a homestead exemption on January 1, |
| 96 | 2007. The assessed value of the newly established homestead |
| 97 | shall be determined as follows: |
| 98 | 1. If the just value of the new homestead is greater than |
| 99 | or equal to the just value of the prior homestead as of January |
| 100 | 1 of the year in which the prior homestead was abandoned, the |
| 101 | assessed value of the new homestead shall be the just value of |
| 102 | the new homestead minus an amount equal to the lesser of |
| 103 | $500,000 or the difference between the just value and the |
| 104 | assessed value of the prior homestead as of January 1 of the |
| 105 | year in which the prior homestead was abandoned. Thereafter, the |
| 106 | homestead shall be assessed as provided in this subsection. |
| 107 | 2. If the just value of the new homestead is less than the |
| 108 | just value of the prior homestead as of January 1 of the year in |
| 109 | which the prior homestead was abandoned, the assessed value of |
| 110 | the new homestead shall be equal to the just value of the new |
| 111 | homestead divided by the just value of the prior homestead and |
| 112 | multiplied by the assessed value of the prior homestead. |
| 113 | However, if the difference between the just value of the new |
| 114 | homestead and the assessed value of the new homestead calculated |
| 115 | pursuant to this sub-subparagraph is greater than $500,000, the |
| 116 | assessed value of the new homestead shall be increased so that |
| 117 | the difference between the just value and the assessed value |
| 118 | equals $500,000. Thereafter, the homestead shall be assessed as |
| 119 | provided in this subsection. |
| 120 | b. By general law and subject to conditions specified |
| 121 | therein, the Legislature shall provide for application of this |
| 122 | paragraph to property owned by more than one person. |
| 123 | (e) The legislature may, by general law, for assessment |
| 124 | purposes and subject to the provisions of this subsection, allow |
| 125 | counties and municipalities to authorize by ordinance that |
| 126 | historic property may be assessed solely on the basis of |
| 127 | character or use. Such character or use assessment shall apply |
| 128 | only to the jurisdiction adopting the ordinance. The |
| 129 | requirements for eligible properties must be specified by |
| 130 | general law. |
| 131 | (f) A county may, in the manner prescribed by general law, |
| 132 | provide for a reduction in the assessed value of homestead |
| 133 | property to the extent of any increase in the assessed value of |
| 134 | that property which results from the construction or |
| 135 | reconstruction of the property for the purpose of providing |
| 136 | living quarters for one or more natural or adoptive grandparents |
| 137 | or parents of the owner of the property or of the owner's spouse |
| 138 | if at least one of the grandparents or parents for whom the |
| 139 | living quarters are provided is 62 years of age or older. Such a |
| 140 | reduction may not exceed the lesser of the following: |
| 141 | (1) The increase in assessed value resulting from |
| 142 | construction or reconstruction of the property. |
| 143 | (2) Twenty percent of the total assessed value of the |
| 144 | property as improved. |
| 145 | (g) For all levies other than school district levies, |
| 146 | assessments of residential real property, as defined by general |
| 147 | law, which contains nine units or fewer and which is not subject |
| 148 | to the assessment limitations set forth in subsections (a) |
| 149 | through (d) shall change only as provided in this subsection. |
| 150 | (1) Assessments subject to this subsection shall be |
| 151 | changed annually on the date of assessment provided by law,; but |
| 152 | an increase those changes in assessments shall not exceed ten |
| 153 | percent (10%) of the assessment for the prior year. An |
| 154 | assessment shall not increase if the just value of the property |
| 155 | is less than the just value of the property on the preceding |
| 156 | date of assessment provided by law. |
| 157 | (2) No assessment shall exceed just value. |
| 158 | (3) After a change of ownership or control, as defined by |
| 159 | general law, including any change of ownership of a legal entity |
| 160 | that owns the property, such property shall be assessed at just |
| 161 | value as of the next assessment date. Thereafter, such property |
| 162 | shall be assessed as provided in this subsection. |
| 163 | (4) Changes, additions, reductions, or improvements to |
| 164 | such property shall be assessed as provided for by general law; |
| 165 | however, after the adjustment for any change, addition, |
| 166 | reduction, or improvement, the property shall be assessed as |
| 167 | provided in this subsection. |
| 168 | (h) For all levies other than school district levies, |
| 169 | assessments of real property that is not subject to the |
| 170 | assessment limitations set forth in subsections (a) through (d) |
| 171 | and (g) shall change only as provided in this subsection. |
| 172 | (1) Assessments subject to this subsection shall be |
| 173 | changed annually on the date of assessment provided by law,; but |
| 174 | an increase those changes in assessments shall not exceed ten |
| 175 | percent (10%) of the assessment for the prior year. An |
| 176 | assessment shall not increase if the just value of the property |
| 177 | is less than the just value of the property on the preceding |
| 178 | date of assessment provided by law. |
| 179 | (2) No assessment shall exceed just value. |
| 180 | (3) The legislature must provide that such property shall |
| 181 | be assessed at just value as of the next assessment date after a |
| 182 | qualifying improvement, as defined by general law, is made to |
| 183 | such property. Thereafter, such property shall be assessed as |
| 184 | provided in this subsection. |
| 185 | (4) The legislature may provide that such property shall |
| 186 | be assessed at just value as of the next assessment date after a |
| 187 | change of ownership or control, as defined by general law, |
| 188 | including any change of ownership of the legal entity that owns |
| 189 | the property. Thereafter, such property shall be assessed as |
| 190 | provided in this subsection. |
| 191 | (5) Changes, additions, reductions, or improvements to |
| 192 | such property shall be assessed as provided for by general law; |
| 193 | however, after the adjustment for any change, addition, |
| 194 | reduction, or improvement, the property shall be assessed as |
| 195 | provided in this subsection. |
| 196 | (i) The legislature, by general law and subject to |
| 197 | conditions specified therein, may prohibit the consideration of |
| 198 | the following in the determination of the assessed value of real |
| 199 | property used for residential purposes: |
| 200 | (1) Any change or improvement made for the purpose of |
| 201 | improving the property's resistance to wind damage. |
| 202 | (2) The installation of a renewable energy source device. |
| 203 | (j)(1) The assessment of the following working waterfront |
| 204 | properties shall be based upon the current use of the property: |
| 205 | a. Land used predominantly for commercial fishing |
| 206 | purposes. |
| 207 | b. Land that is accessible to the public and used for |
| 208 | vessel launches into waters that are navigable. |
| 209 | c. Marinas and drystacks that are open to the public. |
| 210 | d. Water-dependent marine manufacturing facilities, |
| 211 | commercial fishing facilities, and marine vessel construction |
| 212 | and repair facilities and their support activities. |
| 213 | (2) The assessment benefit provided by this subsection is |
| 214 | subject to conditions and limitations and reasonable definitions |
| 215 | as specified by the legislature by general law. |
| 216 | SECTION 9. Local taxes.- |
| 217 | (a) Counties, school districts, and municipalities shall, |
| 218 | and special districts may, be authorized by law to levy ad |
| 219 | valorem taxes and may be authorized by general law to levy other |
| 220 | taxes, for their respective purposes, except ad valorem taxes on |
| 221 | intangible personal property and taxes prohibited by this |
| 222 | constitution. |
| 223 | (b) Ad valorem taxes, exclusive of taxes levied for the |
| 224 | payment of bonds and taxes levied for periods not longer than |
| 225 | two years when authorized by vote of the electors who are the |
| 226 | owners of freeholds therein not wholly exempt from taxation, |
| 227 | shall not be levied in excess of the following millages upon the |
| 228 | assessed value of real estate and tangible personal property: |
| 229 | for all county purposes, ten mills; for all municipal purposes, |
| 230 | ten mills; for all school purposes, ten mills; for water |
| 231 | management purposes for the northwest portion of the state lying |
| 232 | west of the line between ranges two and three east, 0.05 mill; |
| 233 | for water management purposes for the remaining portions of the |
| 234 | state, 1.0 mill; and for all other special districts a millage |
| 235 | authorized by law approved by vote of the electors who are |
| 236 | owners of freeholds therein not wholly exempt from taxation. A |
| 237 | county furnishing municipal services may, to the extent |
| 238 | authorized by law, levy additional taxes within the limits fixed |
| 239 | for municipal purposes. |
| 240 | (c) An increase in millage by a county, municipality, or |
| 241 | special district shall not apply to any real property if the |
| 242 | property's assessment may not be increased under Section 4 |
| 243 | because the just value of the property is less than the just |
| 244 | value of the property on the preceding date of assessment |
| 245 | provided by law. An increase in millage by a school district |
| 246 | shall not apply to homestead property if the property's |
| 247 | assessment may not be increased under Section 4 because the just |
| 248 | value of the property is less than the just value of the |
| 249 | property on the preceding date of assessment provided by law. |
| 250 | BE IT FURTHER RESOLVED that the following statement be |
| 251 | placed on the ballot: |
| 252 | CONSTITUTIONAL AMENDMENT |
| 253 | ARTICLE VII, SECTIONS 2, 4, 9 |
| 254 | HOMESTEAD AND NONHOMESTEAD PROPERTY WITH A DECLINING MARKET |
| 255 | VALUE; PROHIBITING INCREASES IN ASSESSMENTS OR MILLAGE.- |
| 256 | Proposing an amendment to the State Constitution to prevent |
| 257 | property taxes from increasing on homestead and nonhomestead |
| 258 | property with a declining fair market value by prohibiting |
| 259 | increases in either the assessed value or millage rate |
| 260 | applicable to the property. |