Florida Senate - 2026                             CS for SJR 2-F
       
       
        
       By the Committee on Appropriations; and Senators Avila, Bernard,
       and Mayfield
       
       
       
       
       576-00027-26F                                           20262Fc1
    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         and to provide an effective date.
   10          
   11  Be It Resolved by the Legislature of the State of Florida:
   12  
   13         That the following amendments to Sections 4, 6, and 9 of
   14  Article VII of the State Constitution and the creation of a new
   15  section in Article XII are agreed to and shall be submitted to
   16  the electors of this state for approval or rejection at the next
   17  general election or at an earlier special election specifically
   18  authorized by law for that purpose:
   19                             ARTICLE VII                           
   20                        FINANCE AND TAXATION                       
   21         SECTION 4. Taxation; assessments.—By general law
   22  regulations shall be prescribed which shall secure a just
   23  valuation of all property for ad valorem taxation, provided:
   24         (a) Agricultural land, land producing high water recharge
   25  to Florida’s aquifers, or land used exclusively for
   26  noncommercial recreational purposes may be classified by general
   27  law and assessed solely on the basis of character or use.
   28         (b) As provided by general law and subject to conditions,
   29  limitations, and reasonable definitions specified therein, land
   30  used for conservation purposes shall be classified by general
   31  law and assessed solely on the basis of character or use.
   32         (c) Pursuant to general law tangible personal property held
   33  for sale as stock in trade and livestock may be valued for
   34  taxation at a specified percentage of its value, may be
   35  classified for tax purposes, or may be exempted from taxation.
   36         (d) All persons entitled to a homestead exemption under
   37  Section 6 of this Article shall have their homestead assessed at
   38  just value as of January 1 of the year following the effective
   39  date of this amendment. This assessment shall change only as
   40  provided in this subsection.
   41         (1) Assessments subject to this subsection shall be changed
   42  annually on January 1st of each year; but those changes in
   43  assessments shall not exceed the lower of the following:
   44         a. Three percent (3%) of the assessment for the prior year.
   45         b. The percent change in the Consumer Price Index for all
   46  urban consumers, U.S. City Average, all items 1967=100, or
   47  successor reports for the preceding calendar year as initially
   48  reported by the United States Department of Labor, Bureau of
   49  Labor Statistics.
   50         (2) No assessment shall exceed just value.
   51         (3) After any change of ownership, as provided by general
   52  law, homestead property shall be assessed at just value as of
   53  January 1 of the following year, unless the provisions of
   54  paragraph (8) apply. Thereafter, the homestead shall be assessed
   55  as provided in this subsection.
   56         (4) New homestead property shall be assessed at just value
   57  as of January 1st of the year following the establishment of the
   58  homestead, unless the provisions of paragraph (8) apply. That
   59  assessment shall only change as provided in this subsection.
   60         (5) Changes, additions, reductions, or improvements to
   61  homestead property shall be assessed as provided for by general
   62  law; provided, however, after the adjustment for any change,
   63  addition, reduction, or improvement, the property shall be
   64  assessed as provided in this subsection.
   65         (6) In the event of a termination of homestead status, the
   66  property shall be assessed as provided by general law.
   67         (7) The provisions of this amendment are severable. If any
   68  of the provisions of this amendment shall be held
   69  unconstitutional by any court of competent jurisdiction, the
   70  decision of such court shall not affect or impair any remaining
   71  provisions of this amendment.
   72         (8)a. A person who establishes a new homestead as of
   73  January 1 and who has received a homestead exemption pursuant to
   74  Section 6 of this Article as of January 1 of any of the three
   75  years immediately preceding the establishment of the new
   76  homestead is entitled to have the new homestead assessed at less
   77  than just value. The assessed value of the newly established
   78  homestead shall be determined as follows:
   79         1. If the just value of the new homestead is greater than
   80  or equal to the just value of the prior homestead as of January
   81  1 of the year in which the prior homestead was abandoned, the
   82  assessed value of the new homestead shall be the just value of
   83  the new homestead minus an amount equal to the lesser of
   84  $500,000 or the difference between the just value and the
   85  assessed value of the prior homestead as of January 1 of the
   86  year in which the prior homestead was abandoned. Thereafter, the
   87  homestead shall be assessed as provided in this subsection.
   88         2. If the just value of the new homestead is less than the
   89  just value of the prior homestead as of January 1 of the year in
   90  which the prior homestead was abandoned, the assessed value of
   91  the new homestead shall be equal to the just value of the new
   92  homestead divided by the just value of the prior homestead and
   93  multiplied by the assessed value of the prior homestead.
   94  However, if the difference between the just value of the new
   95  homestead and the assessed value of the new homestead calculated
   96  pursuant to this sub-subparagraph is greater than $500,000, the
   97  assessed value of the new homestead shall be increased so that
   98  the difference between the just value and the assessed value
   99  equals $500,000. Thereafter, the homestead shall be assessed as
  100  provided in this subsection.
  101         b. By general law and subject to conditions specified
  102  therein, the legislature shall provide for application of this
  103  paragraph to property owned by more than one person.
  104         (e) The legislature may, by general law, for assessment
  105  purposes and subject to the provisions of this subsection, allow
  106  counties and municipalities to authorize by ordinance that
  107  historic property may be assessed solely on the basis of
  108  character or use. Such character or use assessment shall apply
  109  only to the jurisdiction adopting the ordinance. The
  110  requirements for eligible properties must be specified by
  111  general law.
  112         (f) A county may, in the manner prescribed by general law,
  113  provide for a reduction in the assessed value of homestead
  114  property to the extent of any increase in the assessed value of
  115  that property which results from the construction or
  116  reconstruction of the property for the purpose of providing
  117  living quarters for one or more natural or adoptive grandparents
  118  or parents of the owner of the property or of the owner’s spouse
  119  if at least one of the grandparents or parents for whom the
  120  living quarters are provided is 62 years of age or older. Such a
  121  reduction may not exceed the lesser of the following:
  122         (1) The increase in assessed value resulting from
  123  construction or reconstruction of the property.
  124         (2) Twenty percent of the total assessed value of the
  125  property as improved.
  126         (g) For all levies other than school district levies,
  127  assessments of residential real property, as defined by general
  128  law, which contains nine units or fewer and which is not subject
  129  to the assessment limitations set forth in subsections (a)
  130  through (d) shall change only as provided in this subsection.
  131         (1) Assessments subject to this subsection shall be changed
  132  annually on the date of assessment provided by law; but those
  133  changes in assessments shall not exceed the following
  134  percentages ten percent (10%) of the assessment for the prior
  135  year:
  136         a.Before January 1, 2027, ten percent (10%).
  137         b.Beginning January 1, 2027, five percent (5%).
  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 such
  145  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 changed
  154  annually on the date of assessment provided by law; but those
  155  changes in assessments shall not exceed the following
  156  percentages ten percent (10%) of the assessment for the prior
  157  year:
  158         a.Before January 1, 2027, ten percent (10%).
  159         b.Beginning January 1, 2027, five percent (5%).
  160         (2) No assessment shall exceed just value.
  161         (3) The legislature must provide that such property shall
  162  be assessed at just value as of the next assessment date after a
  163  qualifying improvement, as defined by general law, is made to
  164  such property. Thereafter, such property shall be assessed as
  165  provided in this subsection.
  166         (4) The legislature may provide that such property shall be
  167  assessed at just value as of the next assessment date after a
  168  change of ownership or control, as defined by general law,
  169  including any change of ownership of the legal entity that owns
  170  the property. Thereafter, such property shall be assessed as
  171  provided in this subsection.
  172         (5) Changes, additions, reductions, or improvements to such
  173  property shall be assessed as provided for by general law;
  174  however, after the adjustment for any change, addition,
  175  reduction, or improvement, the property shall be assessed as
  176  provided in this subsection.
  177         (i) The legislature, by general law and subject to
  178  conditions specified therein, may prohibit the consideration of
  179  the following in the determination of the assessed value of real
  180  property:
  181         (1) Any change or improvement to real property used for
  182  residential purposes made to improve the property’s resistance
  183  to wind damage.
  184         (2) The installation of a solar or renewable energy source
  185  device.
  186         (j)
  187         (1) The assessment of the following working waterfront
  188  properties shall be based upon the current use of the property:
  189         a. Land used predominantly for commercial fishing purposes.
  190         b. Land that is accessible to the public and used for
  191  vessel launches into waters that are navigable.
  192         c. Marinas and drystacks that are open to the public.
  193         d. Water-dependent marine manufacturing facilities,
  194  commercial fishing facilities, and marine vessel construction
  195  and repair facilities and their support activities.
  196         (2) The assessment benefit provided by this subsection is
  197  subject to conditions and limitations and reasonable definitions
  198  as specified by the legislature by general law.
  199         SECTION 6. Homestead exemptions.—
  200         (a)(1)a. Every person who has the legal or equitable title
  201  to real estate and maintains thereon the permanent residence of
  202  the owner, or another legally or naturally dependent upon the
  203  owner, shall be exempt from taxation thereon, except assessments
  204  for special benefits, as follows:
  205         1.a.For school district levies, up to the assessed
  206  valuation of twenty-five thousand dollars; and
  207         2.b. For all levies other than school district levies:,
  208         I.Beginning on January 1, 2027, up to the assessed
  209  valuation of one hundred and fifty thousand dollars.
  210         II.Beginning on January 1, 2028, up to the assessed
  211  valuation of two hundred and fifty thousand dollars.
  212         b.Every person who, on or after January 1, 2027, has the
  213  legal or equitable title to real estate and maintains thereon
  214  the permanent residence of the owner, or another legally or
  215  naturally dependent upon the owner, who had not maintained a
  216  permanent residence in this state as of December 31, 2026, shall
  217  be exempt from taxation thereon, except assessments for special
  218  benefits, as follows:
  219         1.For school district levies, up to the assessed valuation
  220  of twenty-five thousand dollars; and
  221         2.For all levies other than school district levies, up to
  222  the assessed valuation of fifty thousand dollars. Unless
  223  otherwise revised under sub-subparagraph (4)a.2., beginning with
  224  the fifth year of exemption under this subparagraph, such person
  225  shall be exempt up to the amount of assessed valuation provided
  226  by sub-sub-subparagraph a.2.II., as adjusted pursuant to
  227  subparagraph (2)a. The legislature shall, by general law,
  228  prescribe uniform procedures to administer this subparagraph.
  229  
  230  The exemptions provided by this paragraph apply only greater
  231  than fifty thousand dollars and up to seventy-five thousand
  232  dollars, upon establishment of right thereto in the manner
  233  prescribed by law. The real estate may be held by legal or
  234  equitable title, by the entireties, jointly, in common, as a
  235  condominium, or indirectly by stock ownership or membership
  236  representing the owner’s or member’s proprietary interest in a
  237  corporation owning a fee or a leasehold initially in excess of
  238  ninety-eight years. The exemptions exemption shall not apply
  239  with respect to any assessment roll until such roll is first
  240  determined to be in compliance with the provisions of section 4
  241  by a state agency designated by general law. These exemptions
  242  are This exemption is repealed on the effective date of any
  243  amendment to this Article which provides for the assessment of
  244  homestead property at less than just value.
  245         (2)a. The twenty-five thousand dollar amount of assessed
  246  valuation exempt from taxation provided in sub-sub-subparagraph
  247  (1)a.2.II. 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 sub-subparagraph (1)b.2. shall be adjusted annually
  257  for 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-subparagraphs
  264  (1)a.2. and b.2. and paragraph (4), the amount of assessed
  265  valuation exempt from taxation for which every person who has
  266  the legal or equitable title to real estate and maintains
  267  thereon the permanent residence of the owner, or another person
  268  legally or naturally dependent upon the owner, is eligible, and
  269  which applies solely to levies other than school district
  270  levies, that is added to this constitution after January 1,
  271  2025, shall be adjusted annually on January 1 of each year for
  272  inflation using the percent change in the Consumer Price Index
  273  for All Urban Consumers, U.S. City Average, all items 1967=100,
  274  or successor reports for the preceding calendar year as
  275  initially reported by the United States Department of Labor,
  276  Bureau of Labor Statistics, if such percent change is positive,
  277  beginning the year following the effective date of such
  278  exemption.
  279         (4)a.1.The legislature shall, by general law, prescribe a
  280  uniform procedure for counties and municipalities, for their
  281  respective levies, to increase the amount of assessed valuation
  282  exempt from taxation under paragraph (1), up to all remaining
  283  assessed valuation.
  284         2. Beginning on or after January 1, 2030, a county or
  285  municipality, by two-thirds vote of the membership of the
  286  governing body, may determine that a reduction of the five-year
  287  requirement provided under sub-subparagraph (1)b.2. is warranted
  288  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 sub-subparagraphs (1)a.2.
  292  and b.2., for its respective levy, up to all remaining assessed
  293  valuation. By general law, the legislature shall provide the
  294  manner in which a referendum may be called; the frequency with
  295  which such referendum may be held, which may not be more than
  296  once in a 12-month period; a ballot statement and question of
  297  such 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;
  425         f.Meet obligations for retirement benefits of local
  426  government employees; or
  427         g.Fund the operations and administration of county
  428  officers and commissioners established under Article VIII and
  429  municipalities, and the expenditures approved by such county
  430  officers or county or municipal governing bodies, except those
  431  expenditures prohibited by general law.
  432         (b) Ad valorem taxes, exclusive of taxes levied for the
  433  payment of bonds and taxes levied for periods not longer than
  434  two years when authorized by vote of the electors who are the
  435  owners of freeholds therein not wholly exempt from taxation,
  436  shall not be levied in excess of the following millages upon the
  437  assessed value of real estate and tangible personal property:
  438  for all county purposes, ten mills; for all municipal purposes,
  439  ten mills; for all school purposes, ten mills; for water
  440  management purposes for the northwest portion of the state lying
  441  west of the line between ranges two and three east, 0.05 mill;
  442  for water management purposes for the remaining portions of the
  443  state, 1.0 mill; and for all other special districts a millage
  444  authorized by law approved by vote of the electors who are
  445  owners of freeholds therein not wholly exempt from taxation. A
  446  county furnishing municipal services may, to the extent
  447  authorized by law, levy additional taxes within the limits fixed
  448  for municipal purposes.
  449                             ARTICLE XII                           
  450                              SCHEDULE                             
  451         Limitation on the assessment of real property, homestead
  452  property exemptions, and local government revenue.—This section
  453  and the amendments to Sections 4 and 6 of Article VII, relating
  454  to a limitation on the assessed value of real property, an
  455  increase to the homestead property tax exemption, and the
  456  creation of a new homestead exemption beginning January 1, 2027,
  457  and the amendment to Section 9 of Article VII, relating to the
  458  uses of certain revenues by counties and municipalities, shall
  459  take effect January 1, 2027.
  460         BE IT FURTHER RESOLVED that the following statement be
  461  placed on the ballot:
  462                      CONSTITUTIONAL AMENDMENT                     
  463                  ARTICLE VII, SECTIONS 4, 6, AND 9                
  464                             ARTICLE XII                           
  465         SAVE OUR HOMES FROM EXCESSIVE PROPERTY TAXES.—This
  466  amendment benefits Florida taxpayers by:
  467  
  468         Exempting homestead properties from taxation. Exempts the
  469  first $250,000 of a homestead’s value from taxation for all
  470  levies other than school district levies and requires, through
  471  general law, a schedule for full elimination.
  472  
  473         Ensuring funding for core services. Requires local
  474  governments to use remaining property taxes solely for core
  475  public needs, including public safety, education and schools,
  476  infrastructure, and natural resources.
  477  
  478         Protecting small businesses. Limits future property tax
  479  assessments on businesses.
  480  
  481         Ensuring fairness for Florida residents. Requires any
  482  person who establishes Florida residency after January 1, 2027,
  483  to maintain Florida residency for five years prior to receiving
  484  the increased homestead exemption.
  485  
  486         If approved, the amendment would take effect on January 1,
  487  2027.