Bill Text: FL H0789 | 2011 | Regular Session | Comm Sub

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Bill Title: Homestead Assessment Limitation/Senior Citizens

Spectrum: Slight Partisan Bill (Republican 9-3-2)

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0789 Detail]

Download: Florida-2011-H0789-Comm_Sub.html

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CS/CS/HJR 789

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

CODING: Words stricken are deletions; words underlined are additions.