Bill Text: FL S1906 | 2011 | Regular Session | Introduced
Bill Title: Homestead Assessed Value/Low-income Senior Citizen
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1906 Detail]
Download: Florida-2011-S1906-Introduced.html
Florida Senate - 2011 SJR 1906 By Senator Diaz de la Portilla 36-00930-11 20111906__ 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to Section 4 3 of Article VII of the State Constitution to authorize 4 counties and municipalities to freeze the assessed 5 value of the homesteads of certain low-income senior 6 citizens. 7 8 Be It Resolved by the Legislature of the State of Florida: 9 10 That the following amendment to Section 4 of Article VII of 11 the State Constitution is agreed to and shall be submitted to 12 the electors of this state for approval or rejection at the next 13 general election or at an earlier special election specifically 14 authorized by law for that purpose: 15 ARTICLE VII 16 FINANCE AND TAXATION 17 SECTION 4. Taxation; assessments.—By general law 18 regulations shall be prescribed which shall secure a just 19 valuation of all property for ad valorem taxation, provided: 20 (a) Agricultural land, land producing high water recharge 21 to Florida’s aquifers, or land used exclusively for 22 noncommercial recreational purposes may be classified by general 23 law and assessed solely on the basis of character or use. 24 (b) As provided by general law and subject to conditions, 25 limitations, and reasonable definitions specified therein, land 26 used for conservation purposes shall be classified by general 27 law and assessed solely on the basis of character or use. 28 (c) Pursuant to general law tangible personal property held 29 for sale as stock in trade and livestock may be valued for 30 taxation at a specified percentage of its value, may be 31 classified for tax purposes, or may be exempted from taxation. 32 (d) All persons entitled to a homestead exemption under 33 Section 6 of this Article shall have their homestead assessed at 34 just value as of January 1 of the year following the effective 35 date of this amendment. This assessment shall change only as 36 provided in this subsection. 37 (1) Except as provided in paragraph (2), assessments 38 subject to this subsection shall be changed annually on January 39 11stof each year; but those changes in assessments shall not 40 exceed the lower of the following: 41 a. Three percent(3%)of the assessment for the prior year. 42 b. The percent change in the Consumer Price Index for all 43 urban consumers, U.S. City Average, all items 1967=100, or 44 successor reports for the preceding calendar year as initially 45 reported by the United States Department of Labor, Bureau of 46 Labor Statistics. 47 (2) An assessment subject to the additional homestead tax 48 exemption under subsection 6(d) shall be changed annually on 49 January 1 of each year. However, a county or municipality may 50 choose to limit its assessment of the value of the property 51 subject to the additional exemption to the assessed value of the 52 property in the prior year if the just value of the property is 53 equal to or less than one hundred fifty percent of the average 54 just value of residential property within the county. The state 55 agency designated by law shall calculate the average just value 56 of residential property within each county and supply that 57 information to each property appraiser. The calculation shall be 58 based on the final tax roll of each county for the prior year. 59 (3)(2)No assessment shall exceed just value. 60 (4)(3)After any change of ownership, as provided by 61 general law, homestead property shall be assessed at just value 62 as of January 1 of the following year, unless the provisions of 63 paragraph (9)(8)apply. Thereafter, the homestead shall be 64 assessed as provided in this subsection. 65 (5)(4)New homestead property shall be assessed at just 66 value as of January 11stof the year following the 67 establishment of the homestead, unless the provisions of 68 paragraph (9)(8)apply. That assessment shallonlychange only 69 as provided in this subsection. 70 (6)(5)Changes, additions, reductions, or improvements to 71 homestead property shall be assessed as provided for by general 72 law; provided, however, after the adjustment for any change, 73 addition, reduction, or improvement, the property shall be 74 assessed as provided in this subsection. 75 (7)(6)In the event of a termination of homestead status, 76 the property shall be assessed as provided by general law. 77 (8)(7)The provisions of this amendment are severable. If 78 any of the provisions of this amendment shall be held 79 unconstitutional by any court of competent jurisdiction, the 80 decision of such court shall not affect or impair any remaining 81 provisions of this amendment. 82 (9)(8)a. A person who establishes a new homestead as of 83 January 1, 2009, or January 1 of any subsequent year and who has 84 received a homestead exemption pursuant to Section 6 of this 85 Article as of January 1 of either of the two years immediately 86 preceding the establishment of the new homestead is entitled to 87 have the new homestead assessed at less than just value. If this 88 revision is approved in January of 2008, a person who 89 establishes a new homestead as of January 1, 2008, is entitled 90 to have the new homestead assessed at less than just value only 91 if that person received a homestead exemption on January 1, 92 2007. The assessed value of the newly established homestead 93 shall be determined as follows: 94 1. If the just value of the new homestead is greater than 95 or equal to the just value of the prior homestead as of January 96 1 of the year in which the prior homestead was abandoned, the 97 assessed value of the new homestead shall be the just value of 98 the new homestead minus an amount equal to the lesser of 99 $500,000 or the difference between the just value and the 100 assessed value of the prior homestead as of January 1 of the 101 year in which the prior homestead was abandoned. Thereafter, the 102 homestead shall be assessed as provided in this subsection. 103 2. If the just value of the new homestead is less than the 104 just value of the prior homestead as of January 1 of the year in 105 which the prior homestead was abandoned, the assessed value of 106 the new homestead shall be equal to the just value of the new 107 homestead divided by the just value of the prior homestead and 108 multiplied by the assessed value of the prior homestead. 109 However, if the difference between the just value of the new 110 homestead and the assessed value of the new homestead calculated 111 pursuant to this sub-subparagraph is greater than $500,000, the 112 assessed value of the new homestead shall be increased so that 113 the difference between the just value and the assessed value 114 equals $500,000. Thereafter, the homestead shall be assessed as 115 provided in this subsection. 116 b. By general law and subject to conditions specified 117 therein, the Legislature shall provide for application of this 118 paragraph to property owned by more than one person. 119 (e) The legislature may, by general law, for assessment 120 purposes and subject to the provisions of this subsection, allow 121 counties and municipalities to authorize by ordinance that 122 historic property may be assessed solely on the basis of 123 character or use. Such character or use assessment shall apply 124 only to the jurisdiction adopting the ordinance. The 125 requirements for eligible properties must be specified by 126 general law. 127 (f) A county may, in the manner prescribed by general law, 128 provide for a reduction in the assessed value of homestead 129 property to the extent of any increase in the assessed value of 130 that property which results from the construction or 131 reconstruction of the property for the purpose of providing 132 living quarters for one or more natural or adoptive grandparents 133 or parents of the owner of the property or of the owner’s spouse 134 if at least one of the grandparents or parents for whom the 135 living quarters are provided is 62 years of age or older. Such a 136 reduction may not exceed the lesser of the following: 137 (1) The increase in assessed value resulting from 138 construction or reconstruction of the property. 139 (2) Twenty percent of the total assessed value of the 140 property as improved. 141 (g) For all levies other than school district levies, 142 assessments of residential real property, as defined by general 143 law, which contains nine units or fewer and which is not subject 144 to the assessment limitations set forth in subsections (a) 145 through (d) shall change only as provided in this subsection. 146 (1) Assessments subject to this subsection shall be changed 147 annually on the date of assessment provided by law; but those 148 changes in assessments shall not exceed ten percent(10%)of the 149 assessment for the prior year. 150 (2) No assessment shall exceed just value. 151 (3) After a change of ownership or control, as defined by 152 general law, including any change of ownership of a legal entity 153 that owns the property, such property shall be assessed at just 154 value as of the next assessment date. Thereafter, such property 155 shall be assessed as provided in this subsection. 156 (4) Changes, additions, reductions, or improvements to such 157 property shall be assessed as provided for by general law; 158 however, after the adjustment for any change, addition, 159 reduction, or improvement, the property shall be assessed as 160 provided in this subsection. 161 (h) For all levies other than school district levies, 162 assessments of real property that is not subject to the 163 assessment limitations set forth in subsections (a) through (d) 164 and (g) shall change only as provided in this subsection. 165 (1) Assessments subject to this subsection shall be changed 166 annually on the date of assessment provided by law; but those 167 changes in assessments shall not exceed ten percent(10%)of the 168 assessment for the prior year. 169 (2) No assessment shall exceed just value. 170 (3) The legislature must provide that such property shall 171 be assessed at just value as of the next assessment date after a 172 qualifying improvement, as defined by general law, is made to 173 such property. Thereafter, such property shall be assessed as 174 provided in this subsection. 175 (4) The legislature may provide that such property shall be 176 assessed at just value as of the next assessment date after a 177 change of ownership or control, as defined by general law, 178 including any change of ownership of the legal entity that owns 179 the property. Thereafter, such property shall be assessed as 180 provided in this subsection. 181 (5) Changes, additions, reductions, or improvements to such 182 property shall be assessed as provided for by general law; 183 however, after the adjustment for any change, addition, 184 reduction, or improvement, the property shall be assessed as 185 provided in this subsection. 186 (i) The legislature, by general law and subject to 187 conditions specified therein, may prohibit the consideration of 188 the following in the determination of the assessed value of real 189 property used for residential purposes: 190 (1) Any change or improvement made for the purpose of 191 improving the property’s resistance to wind damage. 192 (2) The installation of a renewable energy source device. 193 (j) 194 (1) The assessment of the following working waterfront 195 properties shall be based upon the current use of the property: 196 a. Land used predominantly for commercial fishing purposes. 197 b. Land that is accessible to the public and used for 198 vessel launches into waters that are navigable. 199 c. Marinas and drystacks that are open to the public. 200 d. Water-dependent marine manufacturing facilities, 201 commercial fishing facilities, and marine vessel construction 202 and repair facilities and their support activities. 203 (2) The assessment benefit provided by this subsection is 204 subject to conditions and limitations and reasonable definitions 205 as specified by the legislature by general law. 206 BE IT FURTHER RESOLVED that the following statement be 207 placed on the ballot: 208 CONSTITUTIONAL AMENDMENT 209 ARTICLE VII, SECTION 4 210 ASSESSMENT OF HOMESTEAD PROPERTY OWNED BY LOW-INCOME SENIOR 211 CITIZENS.—Currently, counties and municipalities may grant an 212 additional homestead exemption to a person who is 65 years of 213 age or older and who has a household income of $20,000 or less. 214 This proposed amendment to the State Constitution authorizes 215 counties and municipalities to grant another ad valorem tax 216 benefit to those individuals. Specifically, the amendment 217 authorizes counties and municipalities to freeze the assessed 218 value of the homesteads of persons receiving the additional 219 exemption at the assessed value of the property in the previous 220 year if the just value of the property is equal to or less than 221 150 percent of the average just value of residential property in 222 the county. As such, if authorized by a county or municipality, 223 these individuals will not be required to pay more ad valorem 224 taxes than they paid in the previous year as the result of an 225 increase in the value of their homesteads.