Bill Amendment: FL S0344 | 2019 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Homestead Property Assessments/Prohibition on Increases
Status: 2019-05-03 - Died in Finance and Tax [S0344 Detail]
Download: Florida-2019-S0344-Senate_Committee_Amendment_825478.html
Bill Title: Homestead Property Assessments/Prohibition on Increases
Status: 2019-05-03 - Died in Finance and Tax [S0344 Detail]
Download: Florida-2019-S0344-Senate_Committee_Amendment_825478.html
Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SJR 344 Ì825478SÎ825478 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Diaz) recommended the following: 1 Senate Amendment (with ballot and title amendments) 2 3 Delete everything after the resolving clause 4 and insert: 5 That the following amendment to Section 4 of Article VII 6 and the creation of a new section in Article XII of the State 7 Constitution are agreed to and shall be submitted to the 8 electors of this state for approval or rejection at the next 9 general election or at an earlier special election specifically 10 authorized by law for that purpose: 11 ARTICLE VII 12 FINANCE AND TAXATION 13 SECTION 4. Taxation; assessments.— 14 By general law regulations shall be prescribed which shall 15 secure a just valuation of all property for ad valorem taxation, 16 provided: 17 (a) Agricultural land, land producing high water recharge 18 to Florida’s aquifers, or land used exclusively for 19 noncommercial recreational purposes may be classified by general 20 law and assessed solely on the basis of character or use. 21 (b) As provided by general law and subject to conditions, 22 limitations, and reasonable definitions specified therein, land 23 used for conservation purposes shall be classified by general 24 law and assessed solely on the basis of character or use. 25 (c) Pursuant to general law tangible personal property held 26 for sale as stock in trade and livestock may be valued for 27 taxation at a specified percentage of its value, may be 28 classified for tax purposes, or may be exempted from taxation. 29 (d) All persons entitled to a homestead exemption under 30 Section 6 of this Article shall have their homestead assessed at 31 just value as of January 1 of the year following the effective 32 date of this amendment. This assessment shall change only as 33 provided in this subsection. 34 (1) Assessments subject to this subsection shall be changed 35 annually on January 1st of each year; but those changes in 36 assessments shall not exceed the lower of the following: 37 a. Three percent (3%) of the assessment for the prior year. 38 b. The percent change in the Consumer Price Index for all 39 urban consumers, U.S. City Average, all items 1967=100, or 40 successor reports for the preceding calendar year as initially 41 reported by the United States Department of Labor, Bureau of 42 Labor Statistics. 43 (2) No assessment shall exceed just value. 44 (3) After any change of ownership, as provided by general 45 law, homestead property shall be assessed at just value as of 46 January 1 of the following year, unless the provisions of 47 paragraph (8) apply. Thereafter, the homestead shall be assessed 48 as provided in this subsection. 49 (4) New homestead property shall be assessed at just value 50 as of January 1st of the year following the establishment of the 51 homestead, unless the provisions of paragraph (8) apply. That 52 assessment shall only change as provided in this subsection. 53 (5) Changes, additions, reductions, or improvements to 54 homestead property shall be assessed as provided for by general 55 law; provided, however, after the adjustment for any change, 56 addition, reduction, or improvement, the property shall be 57 assessed as provided in this subsection. 58 (6) In the event of a termination of homestead status, the 59 property shall be assessed as provided by general law. 60 (7) The provisions of this amendment are severable. If any 61 of the provisions of this amendment shall be held 62 unconstitutional by any court of competent jurisdiction, the 63 decision of such court shall not affect or impair any remaining 64 provisions of this amendment. 65 (8)a. A person who establishes a new homestead as of 66 January 1, 2009, or January 1 of any subsequent year and who has 67 received a homestead exemption pursuant to Section 6 of this 68 Article as of January 1 of either of the two years immediately 69 preceding the establishment of the new homestead is entitled to 70 have the new homestead assessed at less than just value. If this 71 revision is approved in January of 2008, a person who 72 establishes a new homestead as of January 1, 2008, is entitled 73 to have the new homestead assessed at less than just value only 74 if that person received a homestead exemption on January 1, 75 2007. The assessed value of the newly established homestead 76 shall be determined as follows: 77 1. If the just value of the new homestead is greater than 78 or equal to the just value of the prior homestead as of January 79 1 of the year in which the prior homestead was abandoned, the 80 assessed value of the new homestead shall be the just value of 81 the new homestead minus an amount equal to the lesser of 82 $500,000 or the difference between the just value and the 83 assessed value of the prior homestead as of January 1 of the 84 year in which the prior homestead was abandoned. Thereafter, the 85 homestead shall be assessed as provided in this subsection. 86 2. If the just value of the new homestead is less than the 87 just value of the prior homestead as of January 1 of the year in 88 which the prior homestead was abandoned, the assessed value of 89 the new homestead shall be equal to the just value of the new 90 homestead divided by the just value of the prior homestead and 91 multiplied by the assessed value of the prior homestead. 92 However, if the difference between the just value of the new 93 homestead and the assessed value of the new homestead calculated 94 pursuant to this sub-subparagraph is greater than $500,000, the 95 assessed value of the new homestead shall be increased so that 96 the difference between the just value and the assessed value 97 equals $500,000. Thereafter, the homestead shall be assessed as 98 provided in this subsection. 99 b. By general law and subject to conditions specified 100 therein, the legislature shall provide for application of this 101 paragraph to property owned by more than one person. 102 (e) The legislature may, by general law, for assessment 103 purposes and subject to the provisions of this subsection, allow 104 counties and municipalities to authorize by ordinance that 105 historic property may be assessed solely on the basis of 106 character or use. Such character or use assessment shall apply 107 only to the jurisdiction adopting the ordinance. The 108 requirements for eligible properties must be specified by 109 general law. 110 (f) A county may, in the manner prescribed by general law, 111 provide for a reduction in the assessed value of homestead 112 property to the extent of any increase in the assessed value of 113 that property which results from the construction or 114 reconstruction of the property for the purpose of providing 115 living quarters for one or more natural or adoptive grandparents 116 or parents of the owner of the property or of the owner’s spouse 117 if at least one of the grandparents or parents for whom the 118 living quarters are provided is 62 years of age or older. Such a 119 reduction may not exceed the lesser of the following: 120 (1) The increase in assessed value resulting from 121 construction or reconstruction of the property. 122 (2) Twenty percent of the total assessed value of the 123 property as improved. 124 (g) For all levies other than school district levies, 125 assessments of residential real property, as defined by general 126 law, which contains nine units or fewer and which is not subject 127 to the assessment limitations set forth in subsections (a) 128 through (d) shall change only as provided in this subsection. 129 (1) Assessments subject to this subsection shall be changed 130 annually on the date of assessment provided by law; but those 131 changes in assessments shall not exceed ten percent (10%) of the 132 assessment for the prior year. 133 (2) No assessment shall exceed just value. 134 (3) After a change of ownership or control, as defined by 135 general law, including any change of ownership of a legal entity 136 that owns the property, such property shall be assessed at just 137 value as of the next assessment date. Thereafter, such property 138 shall be assessed as provided in this subsection. 139 (4) Changes, additions, reductions, or improvements to such 140 property shall be assessed as provided for by general law; 141 however, after the adjustment for any change, addition, 142 reduction, or improvement, the property shall be assessed as 143 provided in this subsection. 144 (h) For all levies other than school district levies, 145 assessments of real property that is not subject to the 146 assessment limitations set forth in subsections (a) through (d) 147 and (g) shall change only as provided in this subsection. 148 (1) Assessments subject to this subsection shall be changed 149 annually on the date of assessment provided by law; but those 150 changes in assessments shall not exceed ten percent (10%) of the 151 assessment for the prior year. 152 (2) No assessment shall exceed just value. 153 (3) The legislature must provide that such property shall 154 be assessed at just value as of the next assessment date after a 155 qualifying improvement, as defined by general law, is made to 156 such property. Thereafter, such property shall be assessed as 157 provided in this subsection. 158 (4) The legislature may provide that such property shall be 159 assessed at just value as of the next assessment date after a 160 change of ownership or control, as defined by general law, 161 including any change of ownership of the legal entity that owns 162 the property. Thereafter, such property shall be assessed as 163 provided in this subsection. 164 (5) Changes, additions, reductions, or improvements to such 165 property shall be assessed as provided for by general law; 166 however, after the adjustment for any change, addition, 167 reduction, or improvement, the property shall be assessed as 168 provided in this subsection. 169 (i) The legislature, by general law and subject to 170 conditions specified therein, may prohibit the consideration of 171 the following in the determination of the assessed value of real 172 property: 173 (1) Any change or improvement to real property used for 174 residential purposes made to improve the property’s resistance 175 to wind damage. 176 (2) The installation of a solar or renewable energy source 177 device. 178 (j)(1) The assessment of the following working waterfront 179 properties shall be based upon the current use of the property: 180 a. Land used predominantly for commercial fishing purposes. 181 b. Land that is accessible to the public and used for 182 vessel launches into waters that are navigable. 183 c. Marinas and drystacks that are open to the public. 184 d. Water-dependent marine manufacturing facilities, 185 commercial fishing facilities, and marine vessel construction 186 and repair facilities and their support activities. 187 (2) The assessment benefit provided by this subsection is 188 subject to conditions and limitations and reasonable definitions 189 as specified by the legislature by general law. 190 (k) By general law, and subject to conditions specified 191 therein, the legislature may, for school district levy purposes, 192 prohibit increases in the assessed value of property qualifying 193 for a homestead exemption under section 6 of this article, if 194 the legal or equitable title to the property is held by a person 195 who: 196 (1) Has attained age sixty-five; and 197 (2) Has held legal or equitable title to the property and 198 maintained permanent residence thereon for at least twenty-five 199 years. 200 ARTICLE XII 201 SCHEDULE 202 Assessment limitation for school district levy purposes for 203 certain persons who have attained age sixty-five.—This section 204 and the amendment to Section 4 of Article VII authorizing the 205 legislature, for school district levy purposes, to prohibit 206 increases in the assessed value of homestead property if the 207 legal or equitable title to the property is held by a person who 208 has attained age sixty-five and if he or she has held legal or 209 equitable title to the property and maintained permanent 210 residence thereon for at least twenty-five years, shall take 211 effect January 1, 2021. 212 213 ====== B A L L O T S T A T E M E N T A M E N D M E N T ====== 214 And the ballot statement is amended as follows: 215 Delete everything after the resolving clause 216 and insert: 217 CONSTITUTIONAL AMENDMENT 218 ARTICLE VII, SECTION 4 219 ARTICLE XII 220 HOMESTEAD ASSESSMENT LIMITATION FOR SCHOOL DISTRICT LEVY 221 PURPOSES FOR CERTAIN PERSONS AGE 65 OR OLDER.—Authorizes the 222 Legislature, by general law, to prohibit increases in the 223 assessed value of homestead property, for school district levy 224 purposes, if the legal or equitable title to the property is 225 held by a person who is 65 years of age or older and if he or 226 she has held such title and maintained permanent residence on 227 the property for at least 25 years. This amendment takes effect 228 January 1, 2021. 229 230 ================= T I T L E A M E N D M E N T ================ 231 And the title is amended as follows: 232 Delete everything before the resolving clause 233 and insert: 234 Senate Joint Resolution 235 A joint resolution proposing an amendment to Section 4 236 of Article VII and the creation of a new section in 237 Article XII of the State Constitution to authorize the 238 Legislature, by general law, to prohibit increases in 239 the assessed value of homestead property, for school 240 district levy purposes, if the legal or equitable 241 title to the property is held by a person who is 65 242 years of age or older and if he or she has held such 243 title and maintained permanent residence on the 244 property for at least 25 years, and to provide an 245 effective date.