SESSION WATCH
THE BILL ITSELF

HJR 211

Accrued Save-Our-Homes Property Tax Benefit for Non-school Property Tax

VERSION H 211 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

1 House Joint Resolution
2 A joint resolution proposing an amendment to Section 4
3 of Article VII, the creation of Section 7 of Article
4 VIII, and the creation of a new section in Article XII
5 of the State Constitution to increase the maximum
6 value of the accrued Save-Our-Homes benefit which may
7 be transferred to a new homestead for all levies other
8 than school district levies, prohibit counties and
9 municipalities from reducing total funding for law
10 enforcement, and provide an effective date.
12 Be It Resolved by the Legislature of the State of Florida:
14 That the following amendment to Section 4 of Article VII,
15 the creation of Section 7 of Article VIII, and the creation of a
16 new section in Article XII of the State Constitution are agreed
17 to and shall be submitted to the electors of this state for
18 approval or rejection at the next general election or at an
19 earlier special election specifically authorized by law for that
20 purpose:
21 ARTICLE VII
22 FINANCE AND TAXATION
23 SECTION 4. Taxation; assessments.—By general law
24 regulations shall be prescribed which shall secure a just
25 valuation of all property for ad valorem taxation, provided:
26 (a) Agricultural land, land producing high water recharge
27 to Florida's aquifers, or land used exclusively for
28 noncommercial recreational purposes may be classified by general
29 law and assessed solely on the basis of character or use.
30 (b) As provided by general law and subject to conditions,
31 limitations, and reasonable definitions specified therein, land
32 used for conservation purposes shall be classified by general
33 law and assessed solely on the basis of character or use.
34 (c) Pursuant to general law tangible personal property
35 held for sale as stock in trade and livestock may be valued for
36 taxation at a specified percentage of its value, may be
37 classified for tax purposes, or may be exempted from taxation.
38 (d) All persons entitled to a homestead exemption under
39 Section 6 of this Article shall have their homestead assessed at
40 just value as of January 1 of the year following the effective
41 date of this amendment. This assessment shall change only as
42 provided in this subsection.
43 (1) Assessments subject to this subsection shall be
44 changed annually on January 1st of each year; but those changes
45 in assessments shall not exceed the lower of the following:
46 a. Three percent (3%) of the assessment for the prior
47 year.
48 b. The percent change in the Consumer Price Index for all
49 urban consumers, U.S. City Average, all items 1967=100, or
50 successor reports for the preceding calendar year as initially
51 reported by the United States Department of Labor, Bureau of
52 Labor Statistics.
53 (2) No assessment shall exceed just value.
54 (3) After any change of ownership, as provided by general
55 law, homestead property shall be assessed at just value as of
56 January 1 of the following year, unless the provisions of
57 paragraph (8) apply. Thereafter, the homestead shall be assessed
58 as provided in this subsection.
59 (4) New homestead property shall be assessed at just value
60 as of January 1st of the year following the establishment of the
61 homestead, unless the provisions of paragraph (8) apply. That
62 assessment shall only change as provided in this subsection.
63 (5) Changes, additions, reductions, or improvements to
64 homestead property shall be assessed as provided for by general
65 law; provided, however, after the adjustment for any change,
66 addition, reduction, or improvement, the property shall be
67 assessed as provided in this subsection.
68 (6) In the event of a termination of homestead status, the
69 property shall be assessed as provided by general law.
70 (7) The provisions of this amendment are severable. If any
71 of the provisions of this amendment shall be held
72 unconstitutional by any court of competent jurisdiction, the
73 decision of such court shall not affect or impair any remaining
74 provisions of this amendment.
75 (8)a. A person who establishes a new homestead as of
76 January 1 and who has received a homestead exemption pursuant to
77 Section 6 of this Article as of January 1 of any of the three
78 years immediately preceding the establishment of the new
79 homestead is entitled to have the new homestead assessed at less
80 than just value. The assessed value of the newly established
81 homestead shall be determined as follows:
82 1. For all levies other than school district levies, the
83 assessed value of the new homestead shall be the just value of
84 the new homestead minus an amount equal to the difference
85 between the just value and the assessed value of the prior
86 homestead as of January 1 of the year in which the prior
87 homestead was abandoned. Thereafter, the homestead shall be
88 assessed as provided in this subsection.
89 2. For school district levies:
90 (A)1. If the just value of the new homestead is greater
91 than or equal to the just value of the prior homestead as of
92 January 1 of the year in which the prior homestead was
93 abandoned, the assessed value of the new homestead shall be the
94 just value of the new homestead minus an amount equal to the
95 lesser of $500,000 or the difference between the just value and
96 the assessed value of the prior homestead as of January 1 of the
97 year in which the prior homestead was abandoned. Thereafter, the
98 homestead shall be assessed as provided in this subsection.
99 (B)2. If the just value of the new homestead is less than
100 the just value of the prior homestead as of January 1 of the
101 year in which the prior homestead was abandoned, the assessed
102 value of the new homestead shall be equal to the just value of
103 the new homestead divided by the just value of the prior
104 homestead and multiplied by the assessed value of the prior
105 homestead. However, if the difference between the just value of
106 the new homestead and the assessed value of the new homestead
107 calculated pursuant to this sub-sub-subparagraph sub-
108 subparagraph is greater than $500,000, the assessed value of the
109 new homestead shall be increased so that the difference between
110 the just value and the assessed value equals $500,000.
111 Thereafter, the homestead shall be assessed as provided in this
112 subsection.
113 b. By general law and subject to conditions specified
114 therein, the legislature shall provide for application of this
115 paragraph to property owned by more than one person.
116 (e) The legislature may, by general law, for assessment
117 purposes and subject to the provisions of this subsection, allow
118 counties and municipalities to authorize by ordinance that
119 historic property may be assessed solely on the basis of
120 character or use. Such character or use assessment shall apply
121 only to the jurisdiction adopting the ordinance. The
122 requirements for eligible properties must be specified by
123 general law.
124 (f) A county may, in the manner prescribed by general law,
125 provide for a reduction in the assessed value of homestead
126 property to the extent of any increase in the assessed value of
127 that property which results from the construction or
128 reconstruction of the property for the purpose of providing
129 living quarters for one or more natural or adoptive grandparents
130 or parents of the owner of the property or of the owner's spouse
131 if at least one of the grandparents or parents for whom the
132 living quarters are provided is 62 years of age or older. Such a
133 reduction may not exceed the lesser of the following:
134 (1) The increase in assessed value resulting from
135 construction or reconstruction of the property.
136 (2) Twenty percent of the total assessed value of the
137 property as improved.
138 (g) For all levies other than school district levies,
139 assessments of residential real property, as defined by general
140 law, which contains nine units or fewer and which is not subject
141 to the assessment limitations set forth in subsections (a)
142 through (d) shall change only as provided in this subsection.
143 (1) Assessments subject to this subsection shall be
144 changed annually on the date of assessment provided by law; but
145 those changes in assessments shall not exceed ten percent (10%)
146 of the assessment for the prior year.
147 (2) No assessment shall exceed just value.
148 (3) After a change of ownership or control, as defined by
149 general law, including any change of ownership of a legal entity
150 that owns the property, such property shall be assessed at just
151 value as of the next assessment date. Thereafter, such property
152 shall be assessed as provided in this subsection.
153 (4) Changes, additions, reductions, or improvements to
154 such property shall be assessed as provided for by general law;
155 however, after the adjustment for any change, addition,
156 reduction, or improvement, the property shall be assessed as
157 provided in this subsection.
158 (h) For all levies other than school district levies,
159 assessments of real property that is not subject to the
160 assessment limitations set forth in subsections (a) through (d)
161 and (g) shall change only as provided in this subsection.
162 (1) Assessments subject to this subsection shall be
163 changed annually on the date of assessment provided by law; but
164 those changes in assessments shall not exceed ten percent (10%)
165 of the assessment for the prior year.
166 (2) No assessment shall exceed just value.
167 (3) The legislature must provide that such property shall
168 be assessed at just value as of the next assessment date after a
169 qualifying improvement, as defined by general law, is made to
170 such property. Thereafter, such property shall be assessed as
171 provided in this subsection.
172 (4) The legislature may provide that such property shall
173 be assessed at just value as of the next assessment date after a
174 change of ownership or control, as defined by general law,
175 including any change of ownership of the legal entity that owns
176 the property. Thereafter, such property shall be assessed as
177 provided in this subsection.
178 (5) Changes, additions, reductions, or improvements to
179 such property shall be assessed as provided for by general law;
180 however, after the adjustment for any change, addition,
181 reduction, or improvement, the property shall be assessed as
182 provided in this subsection.
183 (i) The legislature, by general law and subject to
184 conditions specified therein, may prohibit the consideration of
185 the following in the determination of the assessed value of real
186 property:
187 (1) Any change or improvement to real property used for
188 residential purposes made to improve the property's resistance
189 to wind damage.
190 (2) The installation of a solar or renewable energy source
191 device.
192 (j)(1) The assessment of the following working waterfront
193 properties shall be based upon the current use of the property:
194 a. Land used predominantly for commercial fishing
195 purposes.
196 b. Land that is accessible to the public and used for
197 vessel launches into waters that are navigable.
198 c. Marinas and drystacks that are open to the public.
199 d. Water-dependent marine manufacturing facilities,
200 commercial fishing facilities, and marine vessel construction
201 and repair facilities and their support activities.
202 (2) The assessment benefit provided by this subsection is
203 subject to conditions and limitations and reasonable definitions
204 as specified by the legislature by general law.
206 ARTICLE VIII
207 LOCAL GOVERNMENT
208 SECTION 7. Prohibition of reductions in local law
209 enforcement funding.—Beginning with the 2027-2028 local fiscal
210 year, the total funding provided by each county and municipality
211 for law enforcement services may not be less than such
212 jurisdiction's total budgeted amount for law enforcement
213 services in either the 2025-2026 or 2026-2027 local fiscal year,
214 whichever was higher, notwithstanding any reduction in ad
215 valorem revenue that may result from the amendment to Article
216 VII approved by voters on November 3, 2026.
218 ARTICLE XII
219 SCHEDULE
220 Transfer of the accrued benefit on homestead property
221 assessments; prohibition of law enforcement funding reductions.—
222 This section, the amendment to Section 4 of Article VII allowing
223 the full value of the accrued benefit from special limitations
224 on homestead property tax assessments to be transferred to a new
225 homestead for levies other than school district levies, and the
226 creation of Section 7 of Article VIII prohibiting counties and
227 municipalities from reducing law enforcement funding below a
228 specified level shall take effect January 1, 2027.
230 BE IT FURTHER RESOLVED that the following statement be
231 placed on the ballot:
232 CONSTITUTIONAL AMENDMENT
233 ARTICLE VII, SECTION 4
234 ARTICLE VIII, SECTION 7
235 ARTICLE XII
236 FULL TRANSFERABILITY OF ACCRUED HOMESTEAD TAX BENEFIT; LAW
237 ENFORCEMENT FUNDING REQUIREMENT.—Proposing an amendment to the
238 State Constitution, effective January 1, 2027, to allow the full
239 value of accrued Save-Our-Homes benefits to be transferred to a
240 new homestead for levies other than school district levies and
241 to prohibit counties and municipalities from reducing law
242 enforcement funding below the amount budgeted in local fiscal
243 year 2025-2026 or 2026-2027, whichever was greater.