Florida Senate - 2026                                    SJR 2-F
       
       
        
       By Senator Avila
       
       
       
       
       
       39-00001-26F                                            20262F__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Sections 4,
    3         6, and 9 of Article VII and the creation of a new
    4         section in Article XII of the State Constitution to
    5         revise the limitation on annual assessment increases
    6         for specified real property, to increase the homestead
    7         exemption, to provide a limitation on the use of ad
    8         valorem taxes levied by counties and municipalities,
    9         to provide an effective date, and to provide for the
   10         creation of a trust fund for specified purposes.
   11          
   12  Be It Resolved by the Legislature of the State of Florida:
   13  
   14         That the following amendments to Sections 4, 6, and 9 of
   15  Article VII of the State Constitution and the creation of a new
   16  section in Article XII are agreed to and shall be submitted to
   17  the electors of this state for approval or rejection at the next
   18  general election or at an earlier special election specifically
   19  authorized by law for that purpose:
   20                             ARTICLE VII                           
   21                        FINANCE AND TAXATION                       
   22         SECTION 4. Taxation; assessments.—By general law
   23  regulations shall be prescribed which shall secure a just
   24  valuation of all property for ad valorem taxation, provided:
   25         (a) Agricultural land, land producing high water recharge
   26  to Florida’s aquifers, or land used exclusively for
   27  noncommercial recreational purposes may be classified by general
   28  law and assessed solely on the basis of character or use.
   29         (b) As provided by general law and subject to conditions,
   30  limitations, and reasonable definitions specified therein, land
   31  used for conservation purposes shall be classified by general
   32  law and assessed solely on the basis of character or use.
   33         (c) Pursuant to general law tangible personal property held
   34  for sale as stock in trade and livestock may be valued for
   35  taxation at a specified percentage of its value, may be
   36  classified for tax purposes, or may be exempted from taxation.
   37         (d) All persons entitled to a homestead exemption under
   38  Section 6 of this Article shall have their homestead assessed at
   39  just value as of January 1 of the year following the effective
   40  date of this amendment. This assessment shall change only as
   41  provided in this subsection.
   42         (1) Assessments subject to this subsection shall be changed
   43  annually on January 1st of each year; but those changes in
   44  assessments shall not exceed the lower of the following:
   45         a. Three percent (3%) of the assessment for the prior year.
   46         b. The percent change in the Consumer Price Index for all
   47  urban consumers, U.S. City Average, all items 1967=100, or
   48  successor reports for the preceding calendar year as initially
   49  reported by the United States Department of Labor, Bureau of
   50  Labor Statistics.
   51         (2) No assessment shall exceed just value.
   52         (3) After any change of ownership, as provided by general
   53  law, homestead property shall be assessed at just value as of
   54  January 1 of the following year, unless the provisions of
   55  paragraph (8) apply. Thereafter, the homestead shall be assessed
   56  as provided in this subsection.
   57         (4) New homestead property shall be assessed at just value
   58  as of January 1st of the year following the establishment of the
   59  homestead, unless the provisions of paragraph (8) apply. That
   60  assessment shall only change as provided in this subsection.
   61         (5) Changes, additions, reductions, or improvements to
   62  homestead property shall be assessed as provided for by general
   63  law; provided, however, after the adjustment for any change,
   64  addition, reduction, or improvement, the property shall be
   65  assessed as provided in this subsection.
   66         (6) In the event of a termination of homestead status, the
   67  property shall be assessed as provided by general law.
   68         (7) The provisions of this amendment are severable. If any
   69  of the provisions of this amendment shall be held
   70  unconstitutional by any court of competent jurisdiction, the
   71  decision of such court shall not affect or impair any remaining
   72  provisions of this amendment.
   73         (8)a. A person who establishes a new homestead as of
   74  January 1 and who has received a homestead exemption pursuant to
   75  Section 6 of this Article as of January 1 of any of the three
   76  years immediately preceding the establishment of the new
   77  homestead is entitled to have the new homestead assessed at less
   78  than just value. The assessed value of the newly established
   79  homestead shall be determined as follows:
   80         1. If the just value of the new homestead is greater than
   81  or equal to the just value of the prior homestead as of January
   82  1 of the year in which the prior homestead was abandoned, the
   83  assessed value of the new homestead shall be the just value of
   84  the new homestead minus an amount equal to the lesser of
   85  $500,000 or the difference between the just value and the
   86  assessed value of the prior homestead as of January 1 of the
   87  year in which the prior homestead was abandoned. Thereafter, the
   88  homestead shall be assessed as provided in this subsection.
   89         2. If the just value of the new homestead is less than the
   90  just value of the prior homestead as of January 1 of the year in
   91  which the prior homestead was abandoned, the assessed value of
   92  the new homestead shall be equal to the just value of the new
   93  homestead divided by the just value of the prior homestead and
   94  multiplied by the assessed value of the prior homestead.
   95  However, if the difference between the just value of the new
   96  homestead and the assessed value of the new homestead calculated
   97  pursuant to this sub-subparagraph is greater than $500,000, the
   98  assessed value of the new homestead shall be increased so that
   99  the difference between the just value and the assessed value
  100  equals $500,000. Thereafter, the homestead shall be assessed as
  101  provided in this subsection.
  102         b. By general law and subject to conditions specified
  103  therein, the legislature shall provide for application of this
  104  paragraph to property owned by more than one person.
  105         (e) The legislature may, by general law, for assessment
  106  purposes and subject to the provisions of this subsection, allow
  107  counties and municipalities to authorize by ordinance that
  108  historic property may be assessed solely on the basis of
  109  character or use. Such character or use assessment shall apply
  110  only to the jurisdiction adopting the ordinance. The
  111  requirements for eligible properties must be specified by
  112  general law.
  113         (f) A county may, in the manner prescribed by general law,
  114  provide for a reduction in the assessed value of homestead
  115  property to the extent of any increase in the assessed value of
  116  that property which results from the construction or
  117  reconstruction of the property for the purpose of providing
  118  living quarters for one or more natural or adoptive grandparents
  119  or parents of the owner of the property or of the owner’s spouse
  120  if at least one of the grandparents or parents for whom the
  121  living quarters are provided is 62 years of age or older. Such a
  122  reduction may not exceed the lesser of the following:
  123         (1) The increase in assessed value resulting from
  124  construction or reconstruction of the property.
  125         (2) Twenty percent of the total assessed value of the
  126  property as improved.
  127         (g) For all levies other than school district levies,
  128  assessments of residential real property, as defined by general
  129  law, which contains nine units or fewer and which is not subject
  130  to the assessment limitations set forth in subsections (a)
  131  through (d) shall change only as provided in this subsection.
  132         (1) Assessments subject to this subsection shall be changed
  133  annually on the date of assessment provided by law; but those
  134  changes in assessments shall not exceed the following
  135  percentages ten percent (10%) of the assessment for the prior
  136  year:
  137         a.Before January 1, 2027, ten percent (10%).
  138         b.Beginning January 1, 2027, five percent (5%).
  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 the following
  157  percentages ten percent (10%) of the assessment for the prior
  158  year:
  159         a.Before January 1, 2027, ten percent (10%).
  160         b.Beginning January 1, 2027, five percent (5%).
  161         (2) No assessment shall exceed just value.
  162         (3) The legislature must provide that such property shall
  163  be assessed at just value as of the next assessment date after a
  164  qualifying improvement, as defined by general law, is made to
  165  such property. Thereafter, such property shall be assessed as
  166  provided in this subsection.
  167         (4) The legislature may provide that such property shall be
  168  assessed at just value as of the next assessment date after a
  169  change of ownership or control, as defined by general law,
  170  including any change of ownership of the legal entity that owns
  171  the property. Thereafter, such property shall be assessed as
  172  provided in this subsection.
  173         (5) Changes, additions, reductions, or improvements to such
  174  property shall be assessed as provided for by general law;
  175  however, after the adjustment for any change, addition,
  176  reduction, or improvement, the property shall be assessed as
  177  provided in this subsection.
  178         (i) The legislature, by general law and subject to
  179  conditions specified therein, may prohibit the consideration of
  180  the following in the determination of the assessed value of real
  181  property:
  182         (1) Any change or improvement to real property used for
  183  residential purposes made to improve the property’s resistance
  184  to wind damage.
  185         (2) The installation of a solar or renewable energy source
  186  device.
  187         (j)
  188         (1) The assessment of the following working waterfront
  189  properties shall be based upon the current use of the property:
  190         a. Land used predominantly for commercial fishing purposes.
  191         b. Land that is accessible to the public and used for
  192  vessel launches into waters that are navigable.
  193         c. Marinas and drystacks that are open to the public.
  194         d. Water-dependent marine manufacturing facilities,
  195  commercial fishing facilities, and marine vessel construction
  196  and repair facilities and their support activities.
  197         (2) The assessment benefit provided by this subsection is
  198  subject to conditions and limitations and reasonable definitions
  199  as specified by the legislature by general law.
  200         SECTION 6. Homestead exemptions.—
  201         (a)(1)a. Every person who has the legal or equitable title
  202  to real estate and maintains thereon the permanent residence of
  203  the owner, or another legally or naturally dependent upon the
  204  owner, shall be exempt from taxation thereon, except assessments
  205  for special benefits, as follows:
  206         1. Before January 1, 2027,
  207         I.a. Up to the assessed valuation of twenty-five thousand
  208  dollars; and
  209         II.b. For all levies other than school district levies, on
  210  the assessed valuation greater than fifty thousand dollars and
  211  up to seventy-five thousand dollars.
  212         2.Beginning on January 1, 2027, up to the assessed
  213  valuation of one hundred and fifty thousand dollars.
  214         3.Beginning on January 1, 2028, up to the assessed
  215  valuation of two hundred and fifty thousand dollars.
  216         b.Every person who, on or after January 1, 2027, has the
  217  legal or equitable title to real estate and maintains thereon
  218  the permanent residence of the owner, or another legally or
  219  naturally dependent upon the owner, who had not maintained a
  220  permanent residence in this state as of December 31, 2026, shall
  221  be exempt from taxation thereon, except assessments for special
  222  benefits, up to the assessed valuation of fifty thousand
  223  dollars. Unless otherwise revised under sub-subparagraph
  224  (4)a.2., beginning with the fifth year of exemption under this
  225  subparagraph, such person shall be exempt up to the amount of
  226  assessed valuation provided by sub-subparagraph a.3., as
  227  adjusted pursuant to subparagraph (2)a. The legislature shall,
  228  by general law, prescribe uniform procedures to administer this
  229  subparagraph.
  230  
  231  The exemptions provided by this paragraph apply only, upon
  232  establishment of right thereto in the manner prescribed by law.
  233  The real estate may be held by legal or equitable title, by the
  234  entireties, jointly, in common, as a condominium, or indirectly
  235  by stock ownership or membership representing the owner’s or
  236  member’s proprietary interest in a corporation owning a fee or a
  237  leasehold initially in excess of ninety-eight years. The
  238  exemptions exemption shall not apply with respect to any
  239  assessment roll until such roll is first determined to be in
  240  compliance with the provisions of section 4 by a state agency
  241  designated by general law. These exemptions are This exemption
  242  is repealed on the effective date of any amendment to this
  243  Article which provides for the assessment of homestead property
  244  at less than just value.
  245         (2)a. The twenty-five thousand dollar amount of assessed
  246  valuation exempt from taxation provided in sub-subparagraph
  247  (1)a.3. subparagraph (a)(1)b. shall be adjusted annually for
  248  inflation beginning on January 1, 2029, and of each year
  249  thereafter, for inflation using the percent change in the
  250  Consumer Price Index for All Urban Consumers, U.S. City Average,
  251  all items 1967=100, or successor reports for the preceding
  252  calendar year as initially reported by the United States
  253  Department of Labor, Bureau of Labor Statistics, if such percent
  254  change is positive.
  255         b.The amount of assessed valuation exempt from taxation
  256  provided in subparagraph (1)b. shall be adjusted annually for
  257  inflation beginning on January 1, 2028, and each year
  258  thereafter, using the percent change in the Consumer Price Index
  259  for All Urban Consumers, U.S. City Average, all items 1967=100,
  260  or successor reports for the preceding calendar year as
  261  initially reported by the United States Department of Labor,
  262  Bureau of Labor Statistics, if such percent change is positive.
  263         (3) Except for the exemptions provided in sub-subparagraph
  264  (1)a.2., sub-subparagraph (1)a.3., subparagraph (1)b., and
  265  paragraph (4), the amount of assessed valuation exempt from
  266  taxation for which every person who has the legal or equitable
  267  title to real estate and maintains thereon the permanent
  268  residence of the owner, or another person legally or naturally
  269  dependent upon the owner, is eligible, and which applies solely
  270  to levies other than school district levies, that is added to
  271  this constitution after January 1, 2025, shall be adjusted
  272  annually on January 1 of each year for inflation using the
  273  percent change in the Consumer Price Index for All Urban
  274  Consumers, U.S. City Average, all items 1967=100, or successor
  275  reports for the preceding calendar year as initially reported by
  276  the United States Department of Labor, Bureau of Labor
  277  Statistics, if such percent change is positive, beginning the
  278  year following the effective date of such exemption.
  279         (4)a.1.The legislature shall, by general law, prescribe a
  280  uniform procedure for counties, municipalities, and school
  281  districts, for their respective levies, to increase the amount
  282  of assessed valuation exempt from taxation under paragraph (1),
  283  up to all remaining assessed valuation.
  284         2. Beginning on or after January 1, 2030, a county,
  285  municipality, or school district, by two-thirds vote of the
  286  membership of the governing body, may determine that a reduction
  287  of the five-year requirement provided under subparagraph (1)b.
  288  is warranted for a critical local need.
  289         b.1.A special district may, upon approval by referendum by
  290  the electors of the district, increase the amount of assessed
  291  valuation exempt from taxation under paragraph (1), for its
  292  respective levy, up to all remaining assessed valuation. By
  293  general law, the legislature shall provide the manner in which a
  294  referendum may be called; the frequency with which such
  295  referendum may be held, which may not be more than once in a 12
  296  month period; a ballot statement and question of such
  297  referendum; and other requirements for the referendum not
  298  inconsistent with this paragraph. The approved exemption
  299  increase shall take effect on and first apply beginning on the
  300  January 1 immediately succeeding approval by referendum.
  301         2.A special district may adjust the amount of assessed
  302  valuation exempt from taxation as approved under sub
  303  subparagraph 1. annually on January 1 of each year for inflation
  304  using the percent change in the Consumer Price Index for All
  305  Urban Consumers, U.S. City Average, all items 1967=100, or
  306  successor reports for the preceding calendar year as initially
  307  reported by the United States Department of Labor, Bureau of
  308  Labor Statistics, if such percent change is positive.
  309         (b) Not more than one exemption shall be allowed any
  310  individual or family unit or with respect to any residential
  311  unit. No exemption shall exceed the value of the real estate
  312  assessable to the owner or, in case of ownership through stock
  313  or membership in a corporation, the value of the proportion
  314  which the interest in the corporation bears to the assessed
  315  value of the property.
  316         (c) By general law and subject to conditions specified
  317  therein, the Legislature may provide to renters, who are
  318  permanent residents, ad valorem tax relief on all ad valorem tax
  319  levies. Such ad valorem tax relief shall be in the form and
  320  amount established by general law.
  321         (d) The legislature may, by general law, allow counties or
  322  municipalities, for the purpose of their respective tax levies
  323  and subject to the provisions of general law, to grant either or
  324  both of the following additional homestead tax exemptions:
  325         (1) An exemption not exceeding fifty thousand dollars to a
  326  person who has the legal or equitable title to real estate and
  327  maintains thereon the permanent residence of the owner, who has
  328  attained age sixty-five, and whose household income, as defined
  329  by general law, does not exceed twenty thousand dollars; or
  330         (2) An exemption equal to the assessed value of the
  331  property to a person who has the legal or equitable title to
  332  real estate with a just value less than two hundred and fifty
  333  thousand dollars, as determined in the first tax year that the
  334  owner applies and is eligible for the exemption, and who has
  335  maintained thereon the permanent residence of the owner for not
  336  less than twenty-five years, who has attained age sixty-five,
  337  and whose household income does not exceed the income limitation
  338  prescribed in paragraph (1).
  339  
  340  The general law must allow counties and municipalities to grant
  341  these additional exemptions, within the limits prescribed in
  342  this subsection, by ordinance adopted in the manner prescribed
  343  by general law, and must provide for the periodic adjustment of
  344  the income limitation prescribed in this subsection for changes
  345  in the cost of living.
  346         (e)
  347         (1) Each veteran who is age 65 or older who is partially or
  348  totally permanently disabled shall receive a discount from the
  349  amount of the ad valorem tax otherwise owed on homestead
  350  property the veteran owns and resides in if the disability was
  351  combat related and the veteran was honorably discharged upon
  352  separation from military service. The discount shall be in a
  353  percentage equal to the percentage of the veteran’s permanent,
  354  service-connected disability as determined by the United States
  355  Department of Veterans Affairs. To qualify for the discount
  356  granted by this paragraph, an applicant must submit to the
  357  county property appraiser, by March 1, an official letter from
  358  the United States Department of Veterans Affairs stating the
  359  percentage of the veteran’s service-connected disability and
  360  such evidence that reasonably identifies the disability as
  361  combat related and a copy of the veteran’s honorable discharge.
  362  If the property appraiser denies the request for a discount, the
  363  appraiser must notify the applicant in writing of the reasons
  364  for the denial, and the veteran may reapply. The Legislature
  365  may, by general law, waive the annual application requirement in
  366  subsequent years.
  367         (2) If a veteran who receives the discount described in
  368  paragraph (1) predeceases his or her spouse, and if, upon the
  369  death of the veteran, the surviving spouse holds the legal or
  370  beneficial title to the homestead property and permanently
  371  resides thereon, the discount carries over to the surviving
  372  spouse until he or she remarries or sells or otherwise disposes
  373  of the homestead property. If the surviving spouse sells or
  374  otherwise disposes of the property, a discount not to exceed the
  375  dollar amount granted from the most recent ad valorem tax roll
  376  may be transferred to the surviving spouse’s new homestead
  377  property, if used as his or her permanent residence and he or
  378  she has not remarried.
  379         (3) This subsection is self-executing and does not require
  380  implementing legislation.
  381         (f) By general law and subject to conditions and
  382  limitations specified therein, the Legislature may provide ad
  383  valorem tax relief equal to the total amount or a portion of the
  384  ad valorem tax otherwise owed on homestead property to:
  385         (1) The surviving spouse of a veteran who died from
  386  service-connected causes while on active duty as a member of the
  387  United States Armed Forces.
  388         (2) The surviving spouse of a first responder who died in
  389  the line of duty.
  390         (3) A first responder who is totally and permanently
  391  disabled as a result of an injury or injuries sustained in the
  392  line of duty. Causal connection between a disability and service
  393  in the line of duty shall not be presumed but must be determined
  394  as provided by general law. For purposes of this paragraph, the
  395  term “disability” does not include a chronic condition or
  396  chronic disease, unless the injury sustained in the line of duty
  397  was the sole cause of the chronic condition or chronic disease.
  398  
  399  As used in this subsection and as further defined by general
  400  law, the term “first responder” means a law enforcement officer,
  401  a correctional officer, a firefighter, an emergency medical
  402  technician, or a paramedic, and the term “in the line of duty”
  403  means arising out of and in the actual performance of duty
  404  required by employment as a first responder.
  405         SECTION 9. Local taxes.—
  406         (a)(1) Counties, school districts, and municipalities
  407  shall, and special districts may, be authorized by law to levy
  408  ad valorem taxes and may be authorized by general law to levy
  409  other taxes, for their respective purposes, except ad valorem
  410  taxes on intangible personal property and taxes prohibited by
  411  this constitution.
  412         (2)Ad valorem taxes levied by counties and municipalities
  413  shall be used only to:
  414         a.Provide for public safety, including law enforcement,
  415  fire service, and emergency medical service;
  416         b.Provide funding for education and public schools;
  417         c.Finance or refinance infrastructure, including
  418  expenditures on road and bridge construction and maintenance and
  419  stormwater control;
  420         d.Finance or refinance natural resource projects,
  421  including flood control measures;
  422         e.Issue local bonds for uses consistent with this
  423  paragraph and to make debt service payments for existing
  424  obligations; or
  425         f.Meet obligations for retirement benefits of local
  426  government employees.
  427         (b) Ad valorem taxes, exclusive of taxes levied for the
  428  payment of bonds and taxes levied for periods not longer than
  429  two years when authorized by vote of the electors who are the
  430  owners of freeholds therein not wholly exempt from taxation,
  431  shall not be levied in excess of the following millages upon the
  432  assessed value of real estate and tangible personal property:
  433  for all county purposes, ten mills; for all municipal purposes,
  434  ten mills; for all school purposes, ten mills; for water
  435  management purposes for the northwest portion of the state lying
  436  west of the line between ranges two and three east, 0.05 mill;
  437  for water management purposes for the remaining portions of the
  438  state, 1.0 mill; and for all other special districts a millage
  439  authorized by law approved by vote of the electors who are
  440  owners of freeholds therein not wholly exempt from taxation. A
  441  county furnishing municipal services may, to the extent
  442  authorized by law, levy additional taxes within the limits fixed
  443  for municipal purposes.
  444                             ARTICLE XII                           
  445                              SCHEDULE                             
  446         Limitation on the assessment of real property, homestead
  447  property exemptions, and local government revenue.—This section
  448  and the amendments to Sections 4 and 6 of Article VII, relating
  449  to a limitation on the assessed value of real property, an
  450  increase to the homestead property tax exemption, and the
  451  creation of a new homestead exemption beginning January 1, 2027,
  452  and the amendment to Section 9 of Article VII, relating to the
  453  uses of certain revenues by counties and municipalities, shall
  454  take effect January 1, 2027. If the amendments to Sections 4, 6,
  455  and 9 of Article VII are adopted, the legislature shall create a
  456  trust fund for the purpose of providing grants to assist in the
  457  implementation of the amendments.
  458         BE IT FURTHER RESOLVED that the following statement be
  459  placed on the ballot:
  460                      CONSTITUTIONAL AMENDMENT                     
  461                  ARTICLE VII, SECTIONS 4, 6, AND 9                
  462                             ARTICLE XII                           
  463         SAVE OUR HOMES FROM EXCESSIVE PROPERTY TAXES.-This
  464  amendment benefits Florida taxpayers by:
  465  
  466         Exempting homestead properties from taxation. Exempts the
  467  first $250,000 of a homestead’s value from taxation and
  468  requires, through general law, a schedule for full elimination.
  469  
  470         Ensuring funding for core services. Requires local
  471  governments to use remaining property taxes solely for core
  472  public needs including public safety, education and schools,
  473  infrastructure, and natural resources.
  474  
  475         Protecting small businesses. Limits future property tax
  476  assessments on businesses.
  477  
  478         Ensuring fairness for Florida residents. Requires any
  479  person who establishes Florida residency after January 1, 2027,
  480  to maintain Florida residency for five years prior to receiving
  481  the increased homestead exemption.
  482  
  483         Creating a state trust fund to assist with core local
  484  services. Establishes a trust fund to provide grants to local
  485  governments to assist with core local services including
  486  education, law enforcement, and infrastructure.
  487  
  488         If approved, the amendment would take effect on January 1,
  489  2027.