August 04, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       Florida Senate - 2009                             CS for SJR 532
       
       
       
       By the Committee on Finance and Tax; and Senator Lynn
       
       
       
       
       593-05147-09                                           2009532c1
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Sections 4
    3         and 6 of Article VII and the creation of two new
    4         sections in Article XII of the State Constitution to
    5         generally limit the maximum annual increase in the
    6         assessed value of certain nonhomestead properties and
    7         to provide an additional homestead exemption to
    8         persons who have not owned a principal residence
    9         within the preceding 10 years.
   10  
   11  Be It Resolved by the Legislature of the State of Florida:
   12  
   13         That the following amendments to Sections 4 and 6 of
   14  Article VII and the creation of two new sections in Article XII
   15  of the State Constitution are agreed to and shall be submitted
   16  to the electors of this state for approval or rejection at the
   17  next general election or at an earlier special election
   18  specifically 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, 2009, or January 1 of any subsequent year and who has
   74  received a homestead exemption pursuant to Section 6 of this
   75  Article as of January 1 of either of the two years immediately
   76  preceding the establishment of the new homestead is entitled to
   77  have the new homestead assessed at less than just value. If this
   78  revision is approved in January of 2008, a person who
   79  establishes a new homestead as of January 1, 2008, is entitled
   80  to have the new homestead assessed at less than just value only
   81  if that person received a homestead exemption on January 1,
   82  2007. The assessed value of the newly established homestead
   83  shall be determined as follows:
   84         1. If the just value of the new homestead is greater than
   85  or equal to the just value of the prior homestead as of January
   86  1 of the year in which the prior homestead was abandoned, the
   87  assessed value of the new homestead shall be the just value of
   88  the new homestead minus an amount equal to the lesser of
   89  $500,000 or the difference between the just value and the
   90  assessed value of the prior homestead as of January 1 of the
   91  year in which the prior homestead was abandoned. Thereafter, the
   92  homestead shall be assessed as provided in this subsection.
   93         2. If the just value of the new homestead is less than the
   94  just value of the prior homestead as of January 1 of the year in
   95  which the prior homestead was abandoned, the assessed value of
   96  the new homestead shall be equal to the just value of the new
   97  homestead divided by the just value of the prior homestead and
   98  multiplied by the assessed value of the prior homestead.
   99  However, if the difference between the just value of the new
  100  homestead and the assessed value of the new homestead calculated
  101  pursuant to this sub-subparagraph is greater than $500,000, the
  102  assessed value of the new homestead shall be increased so that
  103  the difference between the just value and the assessed value
  104  equals $500,000. Thereafter, the homestead shall be assessed as
  105  provided in this subsection.
  106         b. By general law and subject to conditions specified
  107  therein, the Legislature shall provide for application of this
  108  paragraph to property owned by more than one person.
  109         (e) The legislature may, by general law, for assessment
  110  purposes and subject to the provisions of this subsection, allow
  111  counties and municipalities to authorize by ordinance that
  112  historic property may be assessed solely on the basis of
  113  character or use. Such character or use assessment shall apply
  114  only to the jurisdiction adopting the ordinance. The
  115  requirements for eligible properties must be specified by
  116  general law.
  117         (f) A county may, in the manner prescribed by general law,
  118  provide for a reduction in the assessed value of homestead
  119  property to the extent of any increase in the assessed value of
  120  that property which results from the construction or
  121  reconstruction of the property for the purpose of providing
  122  living quarters for one or more natural or adoptive grandparents
  123  or parents of the owner of the property or of the owner’s spouse
  124  if at least one of the grandparents or parents for whom the
  125  living quarters are provided is 62 years of age or older. Such a
  126  reduction may not exceed the lesser of the following:
  127         (1) The increase in assessed value resulting from
  128  construction or reconstruction of the property.
  129         (2) Twenty percent of the total assessed value of the
  130  property as improved.
  131         (g) For all levies other than school district levies,
  132  assessments of residential real property, as defined by general
  133  law, which contains nine units or fewer and which is not subject
  134  to the assessment limitations set forth in subsections (a)
  135  through (d) shall change only as provided in this subsection.
  136         (1) Assessments subject to this subsection shall be changed
  137  annually on the date of assessment provided by law; but those
  138  changes in assessments shall not exceed ten percent (10%) of the
  139  assessment for the prior year.
  140         (2) No assessment shall exceed just value.
  141         (3) After a change of ownership or control, as defined by
  142  general law, including any change of ownership of a legal entity
  143  that owns the property, such property shall be assessed at just
  144  value as of the next assessment date. Thereafter, such property
  145  shall be assessed as provided in this subsection.
  146         (4) Changes, additions, reductions, or improvements to such
  147  property shall be assessed as provided for by general law;
  148  however, after the adjustment for any change, addition,
  149  reduction, or improvement, the property shall be assessed as
  150  provided in this subsection.
  151         (h) For all levies other than school district levies,
  152  assessments of real property that is not subject to the
  153  assessment limitations set forth in subsections (a) through (d)
  154  and (g) shall change only as provided in this subsection.
  155         (1) Assessments subject to this subsection shall be changed
  156  annually on the date of assessment provided by law; but those
  157  changes in assessments shall not exceed ten percent (10%) of the
  158  assessment for the prior year.
  159         (2) No assessment shall exceed just value.
  160         (3) The legislature must provide that such property shall
  161  be assessed at just value as of the next assessment date after a
  162  qualifying improvement, as defined by general law, is made to
  163  such property. Thereafter, such property shall be assessed as
  164  provided in this subsection.
  165         (4) The legislature may provide that such property shall be
  166  assessed at just value as of the next assessment date after a
  167  change of ownership or control, as defined by general law,
  168  including any change of ownership of the legal entity that owns
  169  the property. Thereafter, such property shall be assessed as
  170  provided in this subsection.
  171         (5) Changes, additions, reductions, or improvements to such
  172  property shall be assessed as provided for by general law;
  173  however, after the adjustment for any change, addition,
  174  reduction, or improvement, the property shall be assessed as
  175  provided in this subsection.
  176         (i) The legislature, by general law and subject to
  177  conditions specified therein, may prohibit the consideration of
  178  the following in the determination of the assessed value of real
  179  property used for residential purposes:
  180         (1) Any change or improvement made for the purpose of
  181  improving the property’s resistance to wind damage.
  182         (2) The installation of a renewable energy source device.
  183         (j)(1) The assessment of the following working waterfront
  184  properties shall be based upon the current use of the property:
  185         a. Land used predominantly for commercial fishing purposes.
  186         b. Land that is accessible to the public and used for
  187  vessel launches into waters that are navigable.
  188         c. Marinas and drystacks that are open to the public.
  189         d. Water-dependent marine manufacturing facilities,
  190  commercial fishing facilities, and marine vessel construction
  191  and repair facilities and their support activities.
  192         (2) The assessment benefit provided by this subsection is
  193  subject to conditions and limitations and reasonable definitions
  194  as specified by the legislature by general law.
  195         (k)Pursuant to general law and subject to conditions
  196  specified therein, increases in assessments of real property
  197  used for commercial or residential rental purposes may be
  198  limited to the greater of five percent or the average annual
  199  percentage growth in revenues derived from a property over the
  200  preceding three years if ownership of the property has not
  201  changed within that period.
  202         SECTION 6. Homestead exemptions.—
  203         (a) Every person who has the legal or equitable title to
  204  real estate and maintains thereon the permanent residence of the
  205  owner, or another legally or naturally dependent upon the owner,
  206  shall be exempt from taxation thereon, except assessments for
  207  special benefits, up to the assessed valuation of twenty-five
  208  thousand dollars and, for all levies other than school district
  209  levies, on the assessed valuation greater than fifty thousand
  210  dollars and up to seventy-five thousand dollars, upon
  211  establishment of right thereto in the manner prescribed by law.
  212  The real estate may be held by legal or equitable title, by the
  213  entireties, jointly, in common, as a condominium, or indirectly
  214  by stock ownership or membership representing the owner’s or
  215  member’s proprietary interest in a corporation owning a fee or a
  216  leasehold initially in excess of ninety-eight years. The
  217  exemption shall not apply with respect to any assessment roll
  218  until such roll is first determined to be in compliance with the
  219  provisions of section 4 by a state agency designated by general
  220  law. This exemption is repealed on the effective date of any
  221  amendment to this Article which provides for the assessment of
  222  homestead property at less than just value.
  223         (b) Not more than one exemption shall be allowed any
  224  individual or family unit or with respect to any residential
  225  unit. No exemption shall exceed the value of the real estate
  226  assessable to the owner or, in case of ownership through stock
  227  or membership in a corporation, the value of the proportion
  228  which the interest in the corporation bears to the assessed
  229  value of the property.
  230         (c) By general law and subject to conditions specified
  231  therein, the Legislature may provide to renters, who are
  232  permanent residents, ad valorem tax relief on all ad valorem tax
  233  levies. Such ad valorem tax relief shall be in the form and
  234  amount established by general law.
  235         (d) The legislature may, by general law, allow counties or
  236  municipalities, for the purpose of their respective tax levies
  237  and subject to the provisions of general law, to grant an
  238  additional homestead tax exemption not exceeding fifty thousand
  239  dollars to any person who has the legal or equitable title to
  240  real estate and maintains thereon the permanent residence of the
  241  owner and who has attained age sixty-five and whose household
  242  income, as defined by general law, does not exceed twenty
  243  thousand dollars. The general law must allow counties and
  244  municipalities to grant this additional exemption, within the
  245  limits prescribed in this subsection, by ordinance adopted in
  246  the manner prescribed by general law, and must provide for the
  247  periodic adjustment of the income limitation prescribed in this
  248  subsection for changes in the cost of living.
  249         (e) Each veteran who is age 65 or older who is partially or
  250  totally permanently disabled shall receive a discount from the
  251  amount of the ad valorem tax otherwise owed on homestead
  252  property the veteran owns and resides in if the disability was
  253  combat related, the veteran was a resident of this state at the
  254  time of entering the military service of the United States, and
  255  the veteran was honorably discharged upon separation from
  256  military service. The discount shall be in a percentage equal to
  257  the percentage of the veteran’s permanent, service-connected
  258  disability as determined by the United States Department of
  259  Veterans Affairs. To qualify for the discount granted by this
  260  subsection, an applicant must submit to the county property
  261  appraiser, by March 1, proof of residency at the time of
  262  entering military service, an official letter from the United
  263  States Department of Veterans Affairs stating the percentage of
  264  the veteran’s service-connected disability and such evidence
  265  that reasonably identifies the disability as combat related, and
  266  a copy of the veteran’s honorable discharge. If the property
  267  appraiser denies the request for a discount, the appraiser must
  268  notify the applicant in writing of the reasons for the denial,
  269  and the veteran may reapply. The Legislature may, by general
  270  law, waive the annual application requirement in subsequent
  271  years. This subsection shall take effect December 7, 2006, is
  272  self-executing, and does not require implementing legislation.
  273         (f)(1)By general law, and subject to conditions specified
  274  therein, the legislature shall provide an additional homestead
  275  exemption to the person or persons who:
  276         a.Establish the right to receive the homestead exemption
  277  in subsection (a) within one year after purchasing the homestead
  278  property; and
  279         b.Have not owned a principal residence during the ten-year
  280  period before the purchase. For married persons, neither the
  281  purchaser nor his or her spouse may have owned a principal
  282  residence during the preceding ten years.
  283         (2)The additional homestead exemption shall equal 25
  284  percent of the just value of the property on January 1 of the
  285  year in which the homestead exemption in subsection (a) is
  286  received, but not more than $100,000.
  287         a.The amount of the additional exemption shall be reduced
  288  in each subsequent year by an amount equal to twenty percent of
  289  the amount of the initial additional exemption or by an amount
  290  equal to the difference between the just value of the property
  291  and the assessed value determined under subsection (d) of
  292  section 4 of this Article, whichever is greater.
  293         b.The additional homestead exemption shall not apply after
  294  the fifth year after the initial additional exemption is
  295  granted.
  296         (3)Only one additional exemption under this subsection may
  297  apply to a single homestead property.
  298                             ARTICLE XII                           
  299                              SCHEDULE                             
  300         Property tax limit for commercial and residential rental
  301  property.—The amendment to Section 4 of Article VII permitting
  302  the legislature to reduce the maximum annual increase in the
  303  assessed value of nonhomestead property and this section shall
  304  take effect January 1, 20ll.
  305         Additional homestead exemption for first-time homestead
  306  property owners.—The amendment to subsection (f) of Section 6 of
  307  Article VII providing for an additional homestead exemption for
  308  persons who have not owned a principal residence within a ten
  309  year period and this section shall take effect January 1, 2011,
  310  and shall be available for properties purchased on or after
  311  January 1, 2010.
  312                      CONSTITUTIONAL AMENDMENTS                    
  313                    ARTICLE VII, SECTIONS 4 and 6                  
  314                             ARTICLE XII                           
  315         PROPERTY TAX LIMIT FOR PROPERTY TYPES; ADDITIONAL HOMESTEAD
  316  EXEMPTION FOR NEW PRINCIPAL RESIDENCES.—The State Constitution
  317  generally limits the maximum annual increase in the assessed
  318  value of nonhomestead property to 10 percent annually. This
  319  proposed amendment permits the Legislature to limit those
  320  increases to the greater of 5 percent or the rate of growth in
  321  tax revenues derived from the property over the preceding 3
  322  years.
  323         This amendment also requires the Legislature to provide an
  324  additional homestead exemption for persons who have not owned a
  325  principal residence during the preceding 10 years. Under the
  326  exemption, 25 percent of the just value of a first-time
  327  homestead, up to $100,000, will be exempt from property taxes.
  328  The amount of the additional exemption will decrease in each
  329  succeeding year for 5 years by the greater of 20 percent of the
  330  initial additional exemption or the difference between the just
  331  value and the assessed value of the property. The additional
  332  exemption will not be available in the 6th and subsequent years.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader