HJR 67 full text · Session Watch

1 House 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 reduce the

5 maximum amount that a homestead property's assessed

6 value may increase annually and provide an effective

7 date.

9 Be It Resolved by the Legislature of the State of Florida:

11 That the following amendment to Section 4 of Article VII of

12 the State Constitution and the creation of a new section in

13 Article XII is agreed to and shall be submitted to the electors

14 of this state for approval or rejection at the next general

15 election or at an earlier special election specifically

16 authorized by law for that purpose:

17 ARTICLE VII

18 FINANCE AND TAXATION

19 SECTION 4. Taxation; assessments.—By general law

20 regulations shall be prescribed which shall secure a just

21 valuation of all property for ad valorem taxation, provided:

22 (a) Agricultural land, land producing high water recharge

23 to Florida's aquifers, or land used exclusively for

24 noncommercial recreational purposes may be classified by general

25 law and assessed solely on the basis of character or use.

26 (b) As provided by general law and subject to conditions,

27 limitations, and reasonable definitions specified therein, land

28 used for conservation purposes shall be classified by general

29 law and assessed solely on the basis of character or use.

30 (c) Pursuant to general law tangible personal property

31 held for sale as stock in trade and livestock may be valued for

32 taxation at a specified percentage of its value, may be

33 classified for tax purposes, or may be exempted from taxation.

34 (d) All persons entitled to a homestead exemption under

35 Section 6 of this Article shall have their homestead assessed at

36 just value as of January 1 of the year following the effective

37 date of this amendment. This assessment shall change only as

38 provided in this subsection.

39 (1) Assessments subject to this subsection shall be

40 changed annually on January 1st of each year; but those changes

41 in assessments shall not exceed the lower of the following:

42 a. One and one-half ~~Three~~ percent (1.5%) ~~(3%)~~ of the

43 assessment for the prior year.

44 b. The percent change in the Consumer Price Index for all

45 urban consumers, U.S. City Average, all items 1967=100, or

46 successor reports for the preceding calendar year as initially

47 reported by the United States Department of Labor, Bureau of

48 Labor Statistics.

49 (2) No assessment shall exceed just value.

50 (3) After any change of ownership, as provided by general

51 law, homestead property shall be assessed at just value as of

52 January 1 of the following year, unless the provisions of

53 paragraph (8) apply. Thereafter, the homestead shall be assessed

54 as provided in this subsection.

55 (4) New homestead property shall be assessed at just value

56 as of January 1st of the year following the establishment of the

57 homestead, unless the provisions of paragraph (8) apply. That

58 assessment shall only change as provided in this subsection.

59 (5) Changes, additions, reductions, or improvements to

60 homestead property shall be assessed as provided for by general

61 law; provided, however, after the adjustment for any change,

62 addition, reduction, or improvement, the property shall be

63 assessed as provided in this subsection.

64 (6) In the event of a termination of homestead status, the

65 property shall be assessed as provided by general law.

66 (7) The provisions of this amendment are severable. If any

67 of the provisions of this amendment shall be held

68 unconstitutional by any court of competent jurisdiction, the

69 decision of such court shall not affect or impair any remaining

70 provisions of this amendment.

71 (8)a. A person who establishes a new homestead as of

72 January 1 and who has received a homestead exemption pursuant to

73 Section 6 of this Article as of January 1 of any of the three

74 years immediately preceding the establishment of the new

75 homestead is entitled to have the new homestead assessed at less

76 than just value. The assessed value of the newly established

77 homestead shall be determined as follows:

78 1. If the just value of the new homestead is greater than

79 or equal to the just value of the prior homestead as of January

80 1 of the year in which the prior homestead was abandoned, the

81 assessed value of the new homestead shall be the just value of

82 the new homestead minus an amount equal to the lesser of

83 $500,000 or the difference between the just value and the

84 assessed value of the prior homestead as of January 1 of the

85 year in which the prior homestead was abandoned. Thereafter, the

86 homestead shall be assessed as provided in this subsection.

87 2. If the just value of the new homestead is less than the

88 just value of the prior homestead as of January 1 of the year in

89 which the prior homestead was abandoned, the assessed value of

90 the new homestead shall be equal to the just value of the new

91 homestead divided by the just value of the prior homestead and

92 multiplied by the assessed value of the prior homestead.

93 However, if the difference between the just value of the new

94 homestead and the assessed value of the new homestead calculated

95 pursuant to this sub-subparagraph is greater than $500,000, the

96 assessed value of the new homestead shall be increased so that

97 the difference between the just value and the assessed value

98 equals $500,000. Thereafter, the homestead shall be assessed as

99 provided in this subsection.

100 b. By general law and subject to conditions specified

101 therein, the legislature shall provide for application of this

102 paragraph to property owned by more than one person.

103 (e) The legislature may, by general law, for assessment

104 purposes and subject to the provisions of this subsection, allow

105 counties and municipalities to authorize by ordinance that

106 historic property may be assessed solely on the basis of

107 character or use. Such character or use assessment shall apply

108 only to the jurisdiction adopting the ordinance. The

109 requirements for eligible properties must be specified by

110 general law.

111 (f) A county may, in the manner prescribed by general law,

112 provide for a reduction in the assessed value of homestead

113 property to the extent of any increase in the assessed value of

114 that property which results from the construction or

115 reconstruction of the property for the purpose of providing

116 living quarters for one or more natural or adoptive grandparents

117 or parents of the owner of the property or of the owner's spouse

118 if at least one of the grandparents or parents for whom the

119 living quarters are provided is 62 years of age or older. Such a

120 reduction may not exceed the lesser of the following:

121 (1) The increase in assessed value resulting from

122 construction or reconstruction of the property.

123 (2) Twenty percent of the total assessed value of the

124 property as improved.

125 (g) For all levies other than school district levies,

126 assessments of residential real property, as defined by general

127 law, which contains nine units or fewer and which is not subject

128 to the assessment limitations set forth in subsections (a)

129 through (d) shall change only as provided in this subsection.

130 (1) Assessments subject to this subsection shall be

131 changed annually on the date of assessment provided by law; but

132 those changes in assessments shall not exceed ten percent (10%)

133 of the assessment for the prior year.

134 (2) No assessment shall exceed just value.

135 (3) After a change of ownership or control, as defined by

136 general law, including any change of ownership of a legal entity

137 that owns the property, such property shall be assessed at just

138 value as of the next assessment date. Thereafter, such property

139 shall be assessed as provided in this subsection.

140 (4) Changes, additions, reductions, or improvements to

141 such property shall be assessed as provided for by general law;

142 however, after the adjustment for any change, addition,

143 reduction, or improvement, the property shall be assessed as

144 provided in this subsection.

145 (h) For all levies other than school district levies,

146 assessments of real property that is not subject to the

147 assessment limitations set forth in subsections (a) through (d)

148 and (g) shall change only as provided in this subsection.

149 (1) Assessments subject to this subsection shall be

150 changed annually on the date of assessment provided by law; but

151 those changes in assessments shall not exceed ten percent (10%)

152 of the assessment for the prior year.

153 (2) No assessment shall exceed just value.

154 (3) The legislature must provide that such property shall

155 be assessed at just value as of the next assessment date after a

156 qualifying improvement, as defined by general law, is made to

157 such property. Thereafter, such property shall be assessed as

158 provided in this subsection.

159 (4) The legislature may provide that such property shall

160 be assessed at just value as of the next assessment date after a

161 change of ownership or control, as defined by general law,

162 including any change of ownership of the legal entity that owns

163 the property. Thereafter, such property shall be assessed as

164 provided in this subsection.

165 (5) Changes, additions, reductions, or improvements to

166 such property shall be assessed as provided for by general law;

167 however, after the adjustment for any change, addition,

168 reduction, or improvement, the property shall be assessed as

169 provided in this subsection.

170 (i) The legislature, by general law and subject to

171 conditions specified therein, may prohibit the consideration of

172 the following in the determination of the assessed value of real

173 property:

174 (1) Any change or improvement to real property used for

175 residential purposes made to improve the property's resistance

176 to wind damage.

177 (2) The installation of a solar or renewable energy source

178 device.

179 (j)(1) The assessment of the following working waterfront

180 properties shall be based upon the current use of the property:

181 a. Land used predominantly for commercial fishing

182 purposes.

183 b. Land that is accessible to the public and used for

184 vessel launches into waters that are navigable.

185 c. Marinas and drystacks that are open to the public.

186 d. Water-dependent marine manufacturing facilities,

187 commercial fishing facilities, and marine vessel construction

188 and repair facilities and their support activities.

189 (2) The assessment benefit provided by this subsection is

190 subject to conditions and limitations and reasonable definitions

191 as specified by the legislature by general law.

193 ARTICLE XII

194 SCHEDULE

195 Limitation of assessment increases for homestead property-

196 This section and the amendment to Section 4 of Article VII,

197 which reduces the maximum amount that a homestead property's

198 assessed value may increase annually, shall take effect January

199 1, 2027.

201 BE IT FURTHER RESOLVED that the following statement be

202 placed on the ballot:

203 CONSTITUTIONAL AMENDMENT

204 ARTICLE VII, SECTION 4

205 ARTICLE XII

206 REDUCTION IN ANNUAL ASSESSMENT INCREASES FOR HOMESTEAD

207 PROPERTY.—Proposing an amendment to the State Constitution,

208 effective January 1, 2027, to reduce the maximum amount that a

209 homestead property's assessed value may increase annually.

210 Currently the maximum increase is 3 percent of the previous

211 assessed value. The amendment would reduce this to 1.5 percent.