Bill Text: FL S0452 | 2018 | Regular Session | Introduced


Bill Title: Limitations on Homestead Property Tax Assessments

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-03-10 - Died in Appropriations Subcommittee on Finance and Tax [S0452 Detail]

Download: Florida-2018-S0452-Introduced.html
       Florida Senate - 2018                                    SJR 452
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00301-18                                            2018452__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 4
    3         of Article VII and the creation of a new section in
    4         Article XII of the State Constitution to increase the
    5         period when the accrued benefit from specified
    6         limitations on homestead property tax assessments may
    7         be transferred from a prior homestead to a new
    8         homestead and to provide an effective date.
    9          
   10  Be It Resolved by the Legislature of the State of Florida:
   11  
   12         That the following amendment to Section 4 of Article VII
   13  and the creation of a new section in Article XII of the State
   14  Constitution are agreed to and shall be submitted to the
   15  electors of this state for approval or rejection at the next
   16  general election or at an earlier special election specifically
   17  authorized by law for that purpose:
   18                             ARTICLE VII                           
   19                        FINANCE AND TAXATION                       
   20         SECTION 4. Taxation; assessments.—
   21         By general law regulations shall be prescribed which shall
   22  secure a just valuation of all property for ad valorem taxation,
   23  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)
   73         a. A person who establishes a new homestead as of January
   74  1, 2009, or January 1 of any subsequent year and who has
   75  received a homestead exemption pursuant to Section 6 of this
   76  Article as of January 1 of any either of the three two years
   77  immediately preceding the establishment of the new homestead is
   78  entitled to have the new homestead assessed at less than just
   79  value. If this revision is approved in January of 2008, a person
   80  who establishes a new homestead as of January 1, 2008, is
   81  entitled to have the new homestead assessed at less than just
   82  value only if that person received a homestead exemption on
   83  January 1, 2007. The assessed value of the newly established
   84  homestead shall be determined as follows:
   85         1. If the just value of the new homestead is greater than
   86  or equal to the just value of the prior homestead as of January
   87  1 of the year in which the prior homestead was abandoned, the
   88  assessed value of the new homestead shall be the just value of
   89  the new homestead minus an amount equal to the lesser of
   90  $500,000 or the difference between the just value and the
   91  assessed value of the prior homestead as of January 1 of the
   92  year in which the prior homestead was abandoned. Thereafter, the
   93  homestead shall be assessed as provided in this subsection.
   94         2. If the just value of the new homestead is less than the
   95  just value of the prior homestead as of January 1 of the year in
   96  which the prior homestead was abandoned, the assessed value of
   97  the new homestead shall be equal to the just value of the new
   98  homestead divided by the just value of the prior homestead and
   99  multiplied by the assessed value of the prior homestead.
  100  However, if the difference between the just value of the new
  101  homestead and the assessed value of the new homestead calculated
  102  pursuant to this sub-subparagraph is greater than $500,000, the
  103  assessed value of the new homestead shall be increased so that
  104  the difference between the just value and the assessed value
  105  equals $500,000. Thereafter, the homestead shall be assessed as
  106  provided in this subsection.
  107         b. By general law and subject to conditions specified
  108  therein, the legislature shall provide for application of this
  109  paragraph to property owned by more than one person.
  110         (e) The legislature may, by general law, for assessment
  111  purposes and subject to the provisions of this subsection, allow
  112  counties and municipalities to authorize by ordinance that
  113  historic property may be assessed solely on the basis of
  114  character or use. Such character or use assessment shall apply
  115  only to the jurisdiction adopting the ordinance. The
  116  requirements for eligible properties must be specified by
  117  general law.
  118         (f) A county may, in the manner prescribed by general law,
  119  provide for a reduction in the assessed value of homestead
  120  property to the extent of any increase in the assessed value of
  121  that property which results from the construction or
  122  reconstruction of the property for the purpose of providing
  123  living quarters for one or more natural or adoptive grandparents
  124  or parents of the owner of the property or of the owner’s spouse
  125  if at least one of the grandparents or parents for whom the
  126  living quarters are provided is 62 years of age or older. Such a
  127  reduction may not exceed the lesser of the following:
  128         (1) The increase in assessed value resulting from
  129  construction or reconstruction of the property.
  130         (2) Twenty percent of the total assessed value of the
  131  property as improved.
  132         (g) For all levies other than school district levies,
  133  assessments of residential real property, as defined by general
  134  law, which contains nine units or fewer and which is not subject
  135  to the assessment limitations set forth in subsections (a)
  136  through (d) shall change only as provided in this subsection.
  137         (1) Assessments subject to this subsection shall be changed
  138  annually on the date of assessment provided by law; but those
  139  changes in assessments shall not exceed ten percent (10%) of the
  140  assessment for the prior year.
  141         (2) No assessment shall exceed just value.
  142         (3) After a change of ownership or control, as defined by
  143  general law, including any change of ownership of a legal entity
  144  that owns the property, such property shall be assessed at just
  145  value as of the next assessment date. Thereafter, such property
  146  shall be assessed as provided in this subsection.
  147         (4) Changes, additions, reductions, or improvements to such
  148  property shall be assessed as provided for by general law;
  149  however, after the adjustment for any change, addition,
  150  reduction, or improvement, the property shall be assessed as
  151  provided in this subsection.
  152         (h) For all levies other than school district levies,
  153  assessments of real property that is not subject to the
  154  assessment limitations set forth in subsections (a) through (d)
  155  and (g) shall change only as provided in this subsection.
  156         (1) Assessments subject to this subsection shall be changed
  157  annually on the date of assessment provided by law; but those
  158  changes in assessments shall not exceed ten percent (10%) of the
  159  assessment for the prior year.
  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                             ARTICLE XII                           
  200                              SCHEDULE                             
  201         Transfer of the accrued benefit from specified limitations
  202  on homestead property tax assessments; increased portability
  203  period.—This section and the amendment to Section 4 of Article
  204  VII, which extends to three years the time period when the
  205  accrued benefit from specified limitations on homestead property
  206  tax assessments may be transferred from a prior homestead to a
  207  new homestead, shall take effect January 1, 2019.
  208         BE IT FURTHER RESOLVED that the following statement be
  209  placed on the ballot:
  210                      CONSTITUTIONAL AMENDMENT                     
  211                       ARTICLE VII, SECTION 4                      
  212                             ARTICLE XII                           
  213         LIMITATIONS ON HOMESTEAD PROPERTY TAX ASSESSMENTS;
  214  INCREASED PORTABILITY PERIOD TO TRANSFER ACCRUED BENEFIT.
  215  Proposing an amendment to the State Constitution, effective
  216  January 1, 2019, to increase the period from 2 years to 3 years
  217  when accrued Save-Our-Homes benefits may be transferred from a
  218  prior homestead to a new homestead.

feedback