Florida Senate - 2025 CS for SJR 1510
By the Committee on Finance and Tax; and Senator Avila
593-03610-25 20251510c1
1 Senate Joint Resolution
2 A joint resolution proposing amendments to Sections 3
3 and 4 of Article VII and the creation of a new section
4 in Article XII of the State Constitution to authorize
5 the Legislature to provide two $25,000 exemptions and
6 an assessment limitation to certain real property
7 subject to a long-term lease and to provide an
8 effective date.
9
10 Be It Resolved by the Legislature of the State of Florida:
11
12 That the following amendments to Section 3 and 4 of Article
13 VII and the creation of a new section in Article XII of the
14 State 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 3. Taxes; exemptions.—
21 (a) All property owned by a municipality and used
22 exclusively by it for municipal or public purposes shall be
23 exempt from taxation. A municipality, owning property outside
24 the municipality, may be required by general law to make payment
25 to the taxing unit in which the property is located. Such
26 portions of property as are used predominantly for educational,
27 literary, scientific, religious or charitable purposes may be
28 exempted by general law from taxation.
29 (b) There shall be exempt from taxation, cumulatively, to
30 every head of a family residing in this state, household goods
31 and personal effects to the value fixed by general law, not less
32 than one thousand dollars, and to every widow or widower or
33 person who is blind or totally and permanently disabled,
34 property to the value fixed by general law not less than five
35 hundred dollars.
36 (c) Any county or municipality may, for the purpose of its
37 respective tax levy and subject to the provisions of this
38 subsection and general law, grant community and economic
39 development ad valorem tax exemptions to new businesses and
40 expansions of existing businesses, as defined by general law.
41 Such an exemption may be granted only by ordinance of the county
42 or municipality, and only after the electors of the county or
43 municipality voting on such question in a referendum authorize
44 the county or municipality to adopt such ordinances. An
45 exemption so granted shall apply to improvements to real
46 property made by or for the use of a new business and
47 improvements to real property related to the expansion of an
48 existing business and shall also apply to tangible personal
49 property of such new business and tangible personal property
50 related to the expansion of an existing business. The amount or
51 limits of the amount of such exemption shall be specified by
52 general law. The period of time for which such exemption may be
53 granted to a new business or expansion of an existing business
54 shall be determined by general law. The authority to grant such
55 exemption shall expire ten years from the date of approval by
56 the electors of the county or municipality, and may be renewable
57 by referendum as provided by general law.
58 (d) Any county or municipality may, for the purpose of its
59 respective tax levy and subject to the provisions of this
60 subsection and general law, grant historic preservation ad
61 valorem tax exemptions to owners of historic properties. This
62 exemption may be granted only by ordinance of the county or
63 municipality. The amount or limits of the amount of this
64 exemption and the requirements for eligible properties must be
65 specified by general law. The period of time for which this
66 exemption may be granted to a property owner shall be determined
67 by general law.
68 (e) By general law and subject to conditions specified
69 therein:
70 (1) Twenty-five thousand dollars of the assessed value of
71 property subject to tangible personal property tax shall be
72 exempt from ad valorem taxation.
73 (2) The assessed value of solar devices or renewable energy
74 source devices subject to tangible personal property tax may be
75 exempt from ad valorem taxation, subject to limitations provided
76 by general law.
77 (f) There shall be granted an ad valorem tax exemption for
78 real property dedicated in perpetuity for conservation purposes,
79 including real property encumbered by perpetual conservation
80 easements or by other perpetual conservation protections, as
81 defined by general law.
82 (g) By general law and subject to the conditions specified
83 therein, each person who receives a homestead exemption as
84 provided in section 6 of this article; who was a member of the
85 United States military or military reserves, the United States
86 Coast Guard or its reserves, or the Florida National Guard; and
87 who was deployed during the preceding calendar year on active
88 duty outside the continental United States, Alaska, or Hawaii in
89 support of military operations designated by the legislature
90 shall receive an additional exemption equal to a percentage of
91 the taxable value of his or her homestead property. The
92 applicable percentage shall be calculated as the number of days
93 during the preceding calendar year the person was deployed on
94 active duty outside the continental United States, Alaska, or
95 Hawaii in support of military operations designated by the
96 legislature divided by the number of days in that year.
97 (h) By general law and subject to conditions and provisions
98 specified therein, the legislature may provide that every person
99 who holds the legal or equitable title to real estate that is
100 currently receiving the benefits available for homestead
101 properties under subsection (a) of Section 6 of this Article,
102 and holds the legal or equitable title to a separate parcel of
103 real estate and maintains thereon the residence of a lessee
104 under a single written lease of six months or more, if such
105 lease is in effect on January 1 of the taxable year, and if such
106 parcel could qualify for the benefits afforded homestead
107 properties under subsection (a) of Section 6 of this Article, if
108 the owner maintained that property as his or her permanent
109 residence, shall be exempt from taxation on such leased property
110 up to the assessed valuation of twenty-five thousand dollars;
111 and, for all levies other than school district levies, on the
112 assessed valuation greater than fifty thousand dollars and up to
113 seventy-five thousand dollars. A person is entitled to the
114 exemption provided by this subsection on one separate parcel of
115 real estate. Real estate subject to an assessment limitation
116 under subsection (h) of Section 4 of Article VII is not entitled
117 to this exemption and, by general law, the legislature may
118 establish additional criteria for eligible property.
119 SECTION 4. Taxation; assessments.—
120 By general law regulations shall be prescribed which shall
121 secure a just valuation of all property for ad valorem taxation,
122 provided:
123 (a) Agricultural land, land producing high water recharge
124 to Florida’s aquifers, or land used exclusively for
125 noncommercial recreational purposes may be classified by general
126 law and assessed solely on the basis of character or use.
127 (b) As provided by general law and subject to conditions,
128 limitations, and reasonable definitions specified therein, land
129 used for conservation purposes shall be classified by general
130 law and assessed solely on the basis of character or use.
131 (c) Pursuant to general law tangible personal property held
132 for sale as stock in trade and livestock may be valued for
133 taxation at a specified percentage of its value, may be
134 classified for tax purposes, or may be exempted from taxation.
135 (d) All persons entitled to a homestead exemption under
136 Section 6 of this Article shall have their homestead assessed at
137 just value as of January 1 of the year following the effective
138 date of this amendment. This assessment shall change only as
139 provided in this subsection.
140 (1) Assessments subject to this subsection shall be changed
141 annually on January 1st of each year; but those changes in
142 assessments shall not exceed the lower of the following:
143 a. Three percent (3%) of the assessment for the prior year.
144 b. The percent change in the Consumer Price Index for all
145 urban consumers, U.S. City Average, all items 1967=100, or
146 successor reports for the preceding calendar year as initially
147 reported by the United States Department of Labor, Bureau of
148 Labor Statistics.
149 (2) No assessment shall exceed just value.
150 (3) After any change of ownership, as provided by general
151 law, homestead property shall be assessed at just value as of
152 January 1 of the following year, unless the provisions of
153 paragraph (8) apply. Thereafter, the homestead shall be assessed
154 as provided in this subsection.
155 (4) New homestead property shall be assessed at just value
156 as of January 1st of the year following the establishment of the
157 homestead, unless the provisions of paragraph (8) apply. That
158 assessment shall only change as provided in this subsection.
159 (5) Changes, additions, reductions, or improvements to
160 homestead property shall be assessed as provided for by general
161 law; provided, however, after the adjustment for any change,
162 addition, reduction, or improvement, the property shall be
163 assessed as provided in this subsection.
164 (6) In the event of a termination of homestead status, the
165 property shall be assessed as provided by general law.
166 (7) The provisions of this amendment are severable. If any
167 of the provisions of this amendment shall be held
168 unconstitutional by any court of competent jurisdiction, the
169 decision of such court shall not affect or impair any remaining
170 provisions of this amendment.
171 (8)
172 a. A person who establishes a new homestead as of January 1
173 and who has received a homestead exemption pursuant to Section 6
174 of this Article as of January 1 of any of the three years
175 immediately preceding the establishment of the new homestead is
176 entitled to have the new homestead assessed at less than just
177 value. The assessed value of the newly established homestead
178 shall be determined as follows:
179 1. If the just value of the new homestead is greater than
180 or equal to the just value of the prior homestead as of January
181 1 of the year in which the prior homestead was abandoned, the
182 assessed value of the new homestead shall be the just value of
183 the new homestead minus an amount equal to the lesser of
184 $500,000 or the difference between the just value and the
185 assessed value of the prior homestead as of January 1 of the
186 year in which the prior homestead was abandoned. Thereafter, the
187 homestead shall be assessed as provided in this subsection.
188 2. If the just value of the new homestead is less than the
189 just value of the prior homestead as of January 1 of the year in
190 which the prior homestead was abandoned, the assessed value of
191 the new homestead shall be equal to the just value of the new
192 homestead divided by the just value of the prior homestead and
193 multiplied by the assessed value of the prior homestead.
194 However, if the difference between the just value of the new
195 homestead and the assessed value of the new homestead calculated
196 pursuant to this sub-subparagraph is greater than $500,000, the
197 assessed value of the new homestead shall be increased so that
198 the difference between the just value and the assessed value
199 equals $500,000. Thereafter, the homestead shall be assessed as
200 provided in this subsection.
201 b. By general law and subject to conditions specified
202 therein, the legislature shall provide for application of this
203 paragraph to property owned by more than one person.
204 (e) The legislature may, by general law, for assessment
205 purposes and subject to the provisions of this subsection, allow
206 counties and municipalities to authorize by ordinance that
207 historic property may be assessed solely on the basis of
208 character or use. Such character or use assessment shall apply
209 only to the jurisdiction adopting the ordinance. The
210 requirements for eligible properties must be specified by
211 general law.
212 (f) A county may, in the manner prescribed by general law,
213 provide for a reduction in the assessed value of homestead
214 property to the extent of any increase in the assessed value of
215 that property which results from the construction or
216 reconstruction of the property for the purpose of providing
217 living quarters for one or more natural or adoptive grandparents
218 or parents of the owner of the property or of the owner’s spouse
219 if at least one of the grandparents or parents for whom the
220 living quarters are provided is 62 years of age or older. Such a
221 reduction may not exceed the lesser of the following:
222 (1) The increase in assessed value resulting from
223 construction or reconstruction of the property.
224 (2) Twenty percent of the total assessed value of the
225 property as improved.
226 (g) For all levies other than school district levies,
227 assessments of residential real property, as defined by general
228 law, which contains nine units or fewer and which is not subject
229 to the assessment limitations set forth in subsections (a)
230 through (d) shall change only as provided in this subsection.
231 (1) Assessments subject to this subsection shall be changed
232 annually on the date of assessment provided by law; but those
233 changes in assessments shall not exceed ten percent (10%) of the
234 assessment for the prior year.
235 (2) No assessment shall exceed just value.
236 (3) After a change of ownership or control, as defined by
237 general law, including any change of ownership of a legal entity
238 that owns the property, such property shall be assessed at just
239 value as of the next assessment date. Thereafter, such property
240 shall be assessed as provided in this subsection.
241 (4) 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 (h) For all levies other than school district levies,
247 assessments of real property that is not subject to the
248 assessment limitations set forth in subsections (a) through (d)
249 and (g) shall change only as provided in this subsection.
250 (1) Assessments subject to this subsection shall be changed
251 annually on the date of assessment provided by law; but those
252 changes in assessments shall not exceed ten percent (10%) of the
253 assessment for the prior year.
254 (2) No assessment shall exceed just value.
255 (3) The legislature must provide that such property shall
256 be assessed at just value as of the next assessment date after a
257 qualifying improvement, as defined by general law, is made to
258 such property. Thereafter, such property shall be assessed as
259 provided in this subsection.
260 (4) The legislature may provide that such property shall be
261 assessed at just value as of the next assessment date after a
262 change of ownership or control, as defined by general law,
263 including any change of ownership of the legal entity that owns
264 the property. Thereafter, such property shall be assessed as
265 provided in this subsection.
266 (5) Changes, additions, reductions, or improvements to such
267 property shall be assessed as provided for by general law;
268 however, after the adjustment for any change, addition,
269 reduction, or improvement, the property shall be assessed as
270 provided in this subsection.
271 (i) The legislature, by general law and subject to
272 conditions specified therein, may prohibit the consideration of
273 the following in the determination of the assessed value of real
274 property:
275 (1) Any change or improvement to real property used for
276 residential purposes made to improve the property’s resistance
277 to wind damage.
278 (2) The installation of a solar or renewable energy source
279 device.
280 (j)
281 (1) The assessment of the following working waterfront
282 properties shall be based upon the current use of the property:
283 a. Land used predominantly for commercial fishing purposes.
284 b. Land that is accessible to the public and used for
285 vessel launches into waters that are navigable.
286 c. Marinas and drystacks that are open to the public.
287 d. Water-dependent marine manufacturing facilities,
288 commercial fishing facilities, and marine vessel construction
289 and repair facilities and their support activities.
290 (2) The assessment benefit provided by this subsection is
291 subject to conditions and limitations and reasonable definitions
292 as specified by the legislature by general law.
293 (k) All persons entitled to the exemptions on real property
294 under subsection (h) of Section 3 of this Article shall have
295 such property assessed as follows:
296 (1) Assessments shall be changed annually on January 1 of
297 each year; but those changes in assessments shall not exceed the
298 lower of: three percent (3%) of the assessment for the prior
299 year, or the percent change in the Consumer Price Index for all
300 urban consumers, U.S. City Average, all items 1967=100, or
301 successor reports for the preceding calendar year as initially
302 reported by the United States Department of Labor, Bureau of
303 Labor Statistics.
304 (2) No assessment shall exceed just value.
305 (3) After any change of ownership, as provided by general
306 law, or termination of homestead pursuant to paragraph (6) of
307 subsection (d) of this section, the property shall be assessed
308 at just value as of January 1 of the following year. Thereafter,
309 the property shall be assessed as provided in this paragraph.
310 (4) Changes, additions, reductions, or improvements to such
311 property shall be assessed as provided for by general law;
312 provided, however, after the adjustment for any change,
313 addition, reduction, or improvement, the property shall be
314 assessed as provided in this subsection.
315 (5) The legislature may also provide that if any property
316 receiving the assessment limitation authorized under this
317 subsection subsequently becomes ineligible for the assessment
318 limitation authorized under this subsection for reasons other
319 than a change of ownership or control, as defined by general
320 law; or termination of homestead pursuant to paragraph (6) of
321 subsection (d) of this section; such property shall be assessed,
322 without reassessment at just value, pursuant to subsection (g)
323 of this section, unless such property is assessed under
324 subsection (d) of this section for that year.
325 ARTICLE XII
326 SCHEDULE
327 Tax exemptions and an assessment limitation for long-term
328 leased residential property.—This section and the amendments to
329 Sections 3 and 4 of Article VII, which authorize the legislature
330 to provide two $25,000 exemptions and an assessment limitation
331 to real property that, on January 1, is subject to a written
332 lease of six months or more and is owned by a person who holds
333 legal or equitable title to real estate receiving a homestead
334 exemption, apply beginning with the 2027 tax roll.
335 BE IT FURTHER RESOLVED that the following statement be
336 placed on the ballot:
337 CONSTITUTIONAL AMENDMENT
338 ARTICLE VII, SECTIONS 3 AND 4
339 ARTICLE XII
340 PROPERTY TAX BENEFITS FOR CERTAIN RESIDENTIAL PROPERTIES
341 SUBJECT TO A LONG-TERM LEASE.—Proposing an amendment to the
342 State Constitution to authorize the Legislature to provide two
343 $25,000 exemptions and an assessment limitation for certain
344 residential real property that is subject to a written lease of
345 6 months or more and is owned by a person who holds legal or
346 equitable title to property receiving a homestead exemption.
347 This amendment shall take effect January 1, 2027.