Florida Senate - 2020                                    SJR 146
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00217-20                                            2020146__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 4
    3         of Article VII and the creation of a new section in
    4         Article XII of the State Constitution to increase the
    5         period of time during which the accrued benefit from
    6         specified limitations on homestead property tax
    7         assessments may be transferred from a prior homestead
    8         to a new homestead, and to provide an effective date.
    9          
   10  Be It Resolved by the Legislature of the State of Florida:
   11  
   12         That the following amendment to Section 4 of Article VII
   13  and the creation of a new section in Article XII of the State
   14  Constitution are agreed to and shall be submitted to the
   15  electors of this state for approval or rejection at the next
   16  general election or at an earlier special election specifically
   17  authorized by law for that purpose:
   18                             ARTICLE VII                           
   19                        FINANCE AND TAXATION                       
   20         SECTION 4. Taxation; assessments.—By general law
   21  regulations shall be prescribed which shall secure a just
   22  valuation of all property for ad valorem taxation, provided:
   23         (a) Agricultural land, land producing high water recharge
   24  to Florida’s aquifers, or land used exclusively for
   25  noncommercial recreational purposes may be classified by general
   26  law and assessed solely on the basis of character or use.
   27         (b) As provided by general law and subject to conditions,
   28  limitations, and reasonable definitions specified therein, land
   29  used for conservation purposes shall be classified by general
   30  law and assessed solely on the basis of character or use.
   31         (c) Pursuant to general law tangible personal property held
   32  for sale as stock in trade and livestock may be valued for
   33  taxation at a specified percentage of its value, may be
   34  classified for tax purposes, or may be exempted from taxation.
   35         (d) All persons entitled to a homestead exemption under
   36  Section 6 of this Article shall have their homestead assessed at
   37  just value as of January 1 of the year following the effective
   38  date of this amendment. This assessment shall change only as
   39  provided in this subsection.
   40         (1) Assessments subject to this subsection shall be changed
   41  annually on January 1st of each year; but those changes in
   42  assessments shall not exceed the lower of the following:
   43         a. Three percent (3%) of the assessment for the prior year.
   44         b. The percent change in the Consumer Price Index for all
   45  urban consumers, U.S. City Average, all items 1967=100, or
   46  successor reports for the preceding calendar year as initially
   47  reported by the United States Department of Labor, Bureau of
   48  Labor Statistics.
   49         (2) No assessment shall exceed just value.
   50         (3) After any change of ownership, as provided by general
   51  law, homestead property shall be assessed at just value as of
   52  January 1 of the following year, unless the provisions of
   53  paragraph (8) apply. Thereafter, the homestead shall be assessed
   54  as provided in this subsection.
   55         (4) New homestead property shall be assessed at just value
   56  as of January 1st of the year following the establishment of the
   57  homestead, unless the provisions of paragraph (8) apply. That
   58  assessment shall only change as provided in this subsection.
   59         (5) Changes, additions, reductions, or improvements to
   60  homestead property shall be assessed as provided for by general
   61  law; provided, however, after the adjustment for any change,
   62  addition, reduction, or improvement, the property shall be
   63  assessed as provided in this subsection.
   64         (6) In the event of a termination of homestead status, the
   65  property shall be assessed as provided by general law.
   66         (7) The provisions of this amendment are severable. If any
   67  of the provisions of this amendment shall be held
   68  unconstitutional by any court of competent jurisdiction, the
   69  decision of such court shall not affect or impair any remaining
   70  provisions of this amendment.
   71         (8)a. A person who establishes a new homestead as of
   72  January 1, 2009, or January 1 of any subsequent year and who has
   73  received a homestead exemption pursuant to Section 6 of this
   74  Article as of January 1 of any either of the three two years
   75  immediately preceding the establishment of the new homestead is
   76  entitled to have the new homestead assessed at less than just
   77  value. If this revision is approved in January of 2008, a person
   78  who establishes a new homestead as of January 1, 2008, is
   79  entitled to have the new homestead assessed at less than just
   80  value only if that person received a homestead exemption on
   81  January 1, 2007. The assessed value of the newly established
   82  homestead shall be determined as follows:
   83         1. If the just value of the new homestead is greater than
   84  or equal to the just value of the prior homestead as of January
   85  1 of the year in which the prior homestead was abandoned, the
   86  assessed value of the new homestead shall be the just value of
   87  the new homestead minus an amount equal to the lesser of
   88  $500,000 or the difference between the just value and the
   89  assessed value of the prior homestead as of January 1 of the
   90  year in which the prior homestead was abandoned. Thereafter, the
   91  homestead shall be assessed as provided in this subsection.
   92         2. If the just value of the new homestead is less than the
   93  just value of the prior homestead as of January 1 of the year in
   94  which the prior homestead was abandoned, the assessed value of
   95  the new homestead shall be equal to the just value of the new
   96  homestead divided by the just value of the prior homestead and
   97  multiplied by the assessed value of the prior homestead.
   98  However, if the difference between the just value of the new
   99  homestead and the assessed value of the new homestead calculated
  100  pursuant to this sub-subparagraph is greater than $500,000, the
  101  assessed value of the new homestead shall be increased so that
  102  the difference between the just value and the assessed value
  103  equals $500,000. Thereafter, the homestead shall be assessed as
  104  provided in this subsection.
  105         b. By general law and subject to conditions specified
  106  therein, the legislature shall provide for application of this
  107  paragraph to property owned by more than one person.
  108         (e) The legislature may, by general law, for assessment
  109  purposes and subject to the provisions of this subsection, allow
  110  counties and municipalities to authorize by ordinance that
  111  historic property may be assessed solely on the basis of
  112  character or use. Such character or use assessment shall apply
  113  only to the jurisdiction adopting the ordinance. The
  114  requirements for eligible properties must be specified by
  115  general law.
  116         (f) A county may, in the manner prescribed by general law,
  117  provide for a reduction in the assessed value of homestead
  118  property to the extent of any increase in the assessed value of
  119  that property which results from the construction or
  120  reconstruction of the property for the purpose of providing
  121  living quarters for one or more natural or adoptive grandparents
  122  or parents of the owner of the property or of the owner’s spouse
  123  if at least one of the grandparents or parents for whom the
  124  living quarters are provided is 62 years of age or older. Such a
  125  reduction may not exceed the lesser of the following:
  126         (1) The increase in assessed value resulting from
  127  construction or reconstruction of the property.
  128         (2) Twenty percent of the total assessed value of the
  129  property as improved.
  130         (g) For all levies other than school district levies,
  131  assessments of residential real property, as defined by general
  132  law, which contains nine units or fewer and which is not subject
  133  to the assessment limitations set forth in subsections (a)
  134  through (d) shall change only as provided in this subsection.
  135         (1) Assessments subject to this subsection shall be changed
  136  annually on the date of assessment provided by law; but those
  137  changes in assessments shall not exceed ten percent (10%) of the
  138  assessment for the prior year.
  139         (2) No assessment shall exceed just value.
  140         (3) After a change of ownership or control, as defined by
  141  general law, including any change of ownership of a legal entity
  142  that owns the property, such property shall be assessed at just
  143  value as of the next assessment date. Thereafter, such property
  144  shall be assessed as provided in this subsection.
  145         (4) Changes, additions, reductions, or improvements to such
  146  property shall be assessed as provided for by general law;
  147  however, after the adjustment for any change, addition,
  148  reduction, or improvement, the property shall be assessed as
  149  provided in this subsection.
  150         (h) For all levies other than school district levies,
  151  assessments of real property that is not subject to the
  152  assessment limitations set forth in subsections (a) through (d)
  153  and (g) shall change only as provided in this subsection.
  154         (1) Assessments subject to this subsection shall be changed
  155  annually on the date of assessment provided by law; but those
  156  changes in assessments shall not exceed ten percent (10%) of the
  157  assessment for the prior year.
  158         (2) No assessment shall exceed just value.
  159         (3) The legislature must provide that such property shall
  160  be assessed at just value as of the next assessment date after a
  161  qualifying improvement, as defined by general law, is made to
  162  such property. Thereafter, such property shall be assessed as
  163  provided in this subsection.
  164         (4) The legislature may provide that such property shall be
  165  assessed at just value as of the next assessment date after a
  166  change of ownership or control, as defined by general law,
  167  including any change of ownership of the legal entity that owns
  168  the property. Thereafter, such property shall be assessed as
  169  provided in this subsection.
  170         (5) Changes, additions, reductions, or improvements to such
  171  property shall be assessed as provided for by general law;
  172  however, after the adjustment for any change, addition,
  173  reduction, or improvement, the property shall be assessed as
  174  provided in this subsection.
  175         (i) The legislature, by general law and subject to
  176  conditions specified therein, may prohibit the consideration of
  177  the following in the determination of the assessed value of real
  178  property:
  179         (1) Any change or improvement to real property used for
  180  residential purposes made to improve the property’s resistance
  181  to wind damage.
  182         (2) The installation of a solar or renewable energy source
  183  device.
  184         (j)(1) The assessment of the following working waterfront
  185  properties shall be based upon the current use of the property:
  186         a. Land used predominantly for commercial fishing purposes.
  187         b. Land that is accessible to the public and used for
  188  vessel launches into waters that are navigable.
  189         c. Marinas and drystacks that are open to the public.
  190         d. Water-dependent marine manufacturing facilities,
  191  commercial fishing facilities, and marine vessel construction
  192  and repair facilities and their support activities.
  193         (2) The assessment benefit provided by this subsection is
  194  subject to conditions and limitations and reasonable definitions
  195  as specified by the legislature by general law.
  196                             ARTICLE XII                           
  197                              SCHEDULE                             
  198         Transfer of the accrued benefit from specified limitations
  199  on homestead property tax assessments; increased portability
  200  period.—This section and the amendment to Section 4 of Article
  201  VII, which extends to three years the time period during which
  202  the accrued benefit from specified limitations on homestead
  203  property tax assessments may be transferred from a prior
  204  homestead to a new homestead, shall take effect January 1, 2021.
  205         BE IT FURTHER RESOLVED that the following statement be
  206  placed on the ballot:
  207                      CONSTITUTIONAL AMENDMENT                     
  208                       ARTICLE VII, SECTION 4                      
  209                             ARTICLE XII                           
  210         LIMITATIONS ON HOMESTEAD PROPERTY TAX ASSESSMENTS;
  211  INCREASED PORTABILITY PERIOD TO TRANSFER ACCRUED BENEFIT.
  212  Proposing an amendment to the State Constitution to increase,
  213  from 2 years to 3 years, the period of time during which accrued
  214  Save-Our-Homes benefits may be transferred from a prior
  215  homestead to a new homestead. This amendment takes effect
  216  January 1, 2021.