Bill Text: FL S0112 | 2010 | Regular Session | Introduced

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Bill Title: Homestead Property Assessments/Cap [WPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Community Affairs [S0112 Detail]

Download: Florida-2010-S0112-Introduced.html

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Florida Senate - 2010                                    SJR 112 
 
By Senator Dean 
3-00276-10                                             2010112__ 
1                       Senate Joint Resolution 
2         A joint resolution proposing an amendment to Section 4 
3         of Article VII of the State Constitution to allow the 
4         cap on homestead property assessments and the transfer 
5         of that cap to a new homestead to inure to the spouse, 
6         child, or grandchild of the property owner who 
7         inherits the property if the property becomes the 
8         homestead of the inheritor. 
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 of 
13  the State Constitution is agreed to and shall be submitted to 
14  the electors of this state for approval or rejection at the next 
15  general 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 held 
31  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 changed 
40  annually on January 1st of each year; but those changes in 
41  assessments may shall not exceed the lower of the following: 
42         a. Three percent (3%) of the assessment for the prior year. 
43         b. The percent change in the Consumer Price Index for all 
44  urban consumers, U.S. City Average, all items 1967=100, or 
45  successor reports for the preceding calendar year as initially 
46  reported by the United States Department of Labor, Bureau of 
47  Labor Statistics. 
48         (2) No assessment shall exceed just value. 
49         (3) After any change of ownership, as provided by general 
50  law, homestead property shall be assessed at just value as of 
51  January 1 of the following year, unless the provisions of 
52  paragraphs (7) and (8) paragraph (8) apply. Thereafter, the 
53  homestead shall be assessed as provided in this subsection. 
54         (4) New homestead property shall be assessed at just value 
55  as of January 1st of the year following the establishment of the 
56  homestead, unless the provisions of paragraphs (7) and (8) 
57  paragraph (8) apply. That assessment shall only change as 
58  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 subsection shall inure to the 
67  surviving spouse, child, or grandchild of the property owner who 
68  inherits the homestead property if such spouse, child, or 
69  grandchild makes the property his or her homestead as provided 
70  in Section 6 of this Article. The provisions of this amendment 
71  are severable. If any of the provisions of this amendment shall 
72  be held unconstitutional by any court of competent jurisdiction, 
73  the decision of such court shall not affect or impair any 
74  remaining provisions of this amendment. 
75         (8)a. A person who establishes a new homestead as of 
76  January 1, 2009, or January 1 of any subsequent year and who has 
77  received a homestead exemption pursuant to Section 6 of this 
78  Article as of January 1 of either of the two years immediately 
79  preceding the establishment of the new homestead is entitled to 
80  have the new homestead assessed at less than just value. If this 
81  revision is approved in January of 2008, a person who 
82  establishes a new homestead as of January 1, 2008, is entitled 
83  to have the new homestead assessed at less than just value only 
84  if that person received a homestead exemption on January 1, 
85  2007. The assessed value of the newly established homestead 
86  shall be determined as follows: 
87         1. If the just value of the new homestead is greater than 
88  or equal to the just value of the prior homestead as of January 
89  1 of the year in which the prior homestead was abandoned, the 
90  assessed value of the new homestead shall be the just value of 
91  the new homestead minus an amount equal to the lesser of 
92  $500,000 or the difference between the just value and the 
93  assessed value of the prior homestead as of January 1 of the 
94  year in which the prior homestead was abandoned. Thereafter, the 
95  homestead shall be assessed as provided in this subsection. 
96         2. If the just value of the new homestead is less than the 
97  just value of the prior homestead as of January 1 of the year in 
98  which the prior homestead was abandoned, the assessed value of 
99  the new homestead shall be equal to the just value of the new 
100  homestead divided by the just value of the prior homestead and 
101  multiplied by the assessed value of the prior homestead. 
102  However, if the difference between the just value of the new 
103  homestead and the assessed value of the new homestead calculated 
104  pursuant to this sub-subparagraph is greater than $500,000, the 
105  assessed value of the new homestead shall be increased so that 
106  the difference between the just value and the assessed value 
107  equals $500,000. Thereafter, the homestead shall be assessed as 
108  provided in this subsection. 
109         b. By general law and subject to conditions specified 
110  therein, the Legislature shall provide for application of this 
111  paragraph to property owned by more than one person. 
112         (e) The legislature may, by general law, for assessment 
113  purposes and subject to the provisions of this subsection, allow 
114  counties and municipalities to authorize by ordinance that 
115  historic property may be assessed solely on the basis of 
116  character or use. Such character or use assessment shall apply 
117  only to the jurisdiction adopting the ordinance. The 
118  requirements for eligible properties must be specified by 
119  general law. 
120         (f) A county may, in the manner prescribed by general law, 
121  provide for a reduction in the assessed value of homestead 
122  property to the extent of any increase in the assessed value of 
123  that property which results from the construction or 
124  reconstruction of the property for the purpose of providing 
125  living quarters for one or more natural or adoptive grandparents 
126  or parents of the owner of the property or of the owner’s spouse 
127  if at least one of the grandparents or parents for whom the 
128  living quarters are provided is 62 years of age or older. Such a 
129  reduction may not exceed the lesser of the following: 
130         (1) The increase in assessed value resulting from 
131  construction or reconstruction of the property. 
132         (2) Twenty percent of the total assessed value of the 
133  property as improved. 
134         (g) For all levies other than school district levies, 
135  assessments of residential real property, as defined by general 
136  law, which contains nine units or fewer and which is not subject 
137  to the assessment limitations set forth in subsections (a) 
138  through (d) shall change only as provided in this subsection. 
139         (1) Assessments subject to this subsection shall be changed 
140  annually on the date of assessment provided by law; but those 
141  changes in assessments shall not exceed ten percent (10%) of the 
142  assessment for the prior year. 
143         (2) No assessment shall exceed just value. 
144         (3) After a change of ownership or control, as defined by 
145  general law, including any change of ownership of a legal entity 
146  that owns the property, such property shall be assessed at just 
147  value as of the next assessment date. Thereafter, such property 
148  shall be assessed as provided in this subsection. 
149         (4) Changes, additions, reductions, or improvements to such 
150  property shall be assessed as provided for by general law; 
151  however, after the adjustment for any change, addition, 
152  reduction, or improvement, the property shall be assessed as 
153  provided in this subsection. 
154         (h) For all levies other than school district levies, 
155  assessments of real property that is not subject to the 
156  assessment limitations set forth in subsections (a) through (d) 
157  and (g) shall change only as provided in this subsection. 
158         (1) Assessments subject to this subsection shall be changed 
159  annually on the date of assessment provided by law; but those 
160  changes in assessments shall not exceed ten percent (10%) of the 
161  assessment for the prior year. 
162         (2) No assessment shall exceed just value. 
163         (3) The legislature must provide that such property shall 
164  be assessed at just value as of the next assessment date after a 
165  qualifying improvement, as defined by general law, is made to 
166  such property. Thereafter, such property shall be assessed as 
167  provided in this subsection. 
168         (4) The legislature may provide that such property shall be 
169  assessed at just value as of the next assessment date after a 
170  change of ownership or control, as defined by general law, 
171  including any change of ownership of the legal entity that owns 
172  the property. Thereafter, such property shall be assessed as 
173  provided in this subsection. 
174         (5) Changes, additions, reductions, or improvements to such 
175  property shall be assessed as provided for by general law; 
176  however, after the adjustment for any change, addition, 
177  reduction, or improvement, the property shall be assessed as 
178  provided in this subsection. 
179         (i) The legislature, by general law and subject to 
180  conditions specified therein, may prohibit the consideration of 
181  the following in the determination of the assessed value of real 
182  property used for residential purposes: 
183         (1) Any change or improvement made for the purpose of 
184  improving the property’s resistance to wind damage. 
185         (2) The installation of a renewable energy source device. 
186         (j)(1) The assessment of the following working waterfront 
187  properties shall be based upon the current use of the property: 
188         a. Land used predominantly for commercial fishing purposes. 
189         b. Land that is accessible to the public and used for 
190  vessel launches into waters that are navigable. 
191         c. Marinas and drystacks that are open to the public. 
192         d. Water-dependent marine manufacturing facilities, 
193  commercial fishing facilities, and marine vessel construction 
194  and repair facilities and their support activities. 
195         (2) The assessment benefit provided by this subsection is 
196  subject to conditions and limitations and reasonable definitions 
197  as specified by the legislature by general law. 
198         BE IT FURTHER RESOLVED that the following statement be 
199  placed on the ballot: 
200                      CONSTITUTIONAL AMENDMENT 
201                       ARTICLE VII, SECTION 4 
202         INHERITING HOMESTEAD PROPERTY.—Proposing an amendment to 
203  the State Constitution to allow the cap on homestead property 
204  assessments and the transfer of that cap to a new homestead to 
205  inure to the spouse, child, or grandchild of the property owner 
206  who inherits the property if the property becomes the homestead 
207  of the inheritor.