Bill Text: FL S0658 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Homestead/Nonhomestead Property

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-03 - Read 2nd time -SJ 768 [S0658 Detail]

Download: Florida-2011-S0658-Introduced.html

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       Florida Senate - 2011                                    SJR 658
       
       
       
       By Senator Fasano
       
       
       
       
       11-00446A-11                                           2011658__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Sections 4
    3         and 6 of Article VII and the creation of Sections 32
    4         and 33 of Article XII of the State Constitution to
    5         prohibit increases in the assessed value of homestead
    6         property if the fair market value of the property
    7         decreases, reduce the limitation on annual assessment
    8         increases applicable to nonhomestead real property,
    9         provide an additional homestead exemption for owners
   10         of homestead property who have not owned homestead
   11         property for a specified time before purchase of the
   12         current homestead property, and application and
   13         limitations with respect thereto, and provide
   14         effective dates.
   15  
   16  Be It Resolved by the Legislature of the State of Florida:
   17  
   18         That the following amendments to Sections 4 and 6 of
   19  Article VII and the creation of Sections 32 and 33 of Article
   20  XII of the State Constitution are agreed to and shall be
   21  submitted to the electors of this state for approval or
   22  rejection at the next general election or at an earlier special
   23  election specifically authorized by law for that purpose:
   24                             ARTICLE VII                           
   25                        FINANCE AND TAXATION                       
   26         SECTION 4. Taxation; assessments.—By general law
   27  regulations shall be prescribed which shall secure a just
   28  valuation of all property for ad valorem taxation, provided:
   29         (a) Agricultural land, land producing high water recharge
   30  to Florida’s aquifers, or land used exclusively for
   31  noncommercial recreational purposes may be classified by general
   32  law and assessed solely on the basis of character or use.
   33         (b) As provided by general law and subject to conditions,
   34  limitations, and reasonable definitions specified therein, land
   35  used for conservation purposes shall be classified by general
   36  law and assessed solely on the basis of character or use.
   37         (c) Pursuant to general law tangible personal property held
   38  for sale as stock in trade and livestock may be valued for
   39  taxation at a specified percentage of its value, may be
   40  classified for tax purposes, or may be exempted from taxation.
   41         (d) All persons entitled to a homestead exemption under
   42  Section 6 of this Article shall have their homestead assessed at
   43  just value as of January 1 of the year following the effective
   44  date of this amendment. This assessment shall change only as
   45  provided in this subsection.
   46         (1) Assessments subject to this subsection shall change be
   47  changed annually on January 1 1st of each year.; but those
   48  changes in assessments
   49         a. An increase in an assessment may shall not exceed the
   50  lower of the following:
   51         1.a. Three percent (3%) of the assessment for the prior
   52  year.
   53         2.b. The percent change in the Consumer Price Index for all
   54  urban consumers, U.S. City Average, all items 1967=100, or a
   55  successor index reports for the preceding calendar year as
   56  initially reported by the United States Department of Labor,
   57  Bureau of Labor Statistics.
   58         b. An assessment may not increase if the just value of the
   59  property is less than the just value of the property on the
   60  preceding January 1.
   61         (2) An No assessment may not shall exceed just value.
   62         (3) After a any change of ownership, as provided by general
   63  law, homestead property shall be assessed at just value as of
   64  January 1 of the following year, unless the provisions of
   65  paragraph (8) apply. Thereafter, the homestead shall be assessed
   66  as provided in this subsection.
   67         (4) New homestead property shall be assessed at just value
   68  as of January 1 1st of the year following the establishment of
   69  the homestead, unless the provisions of paragraph (8) apply.
   70  That assessment shall only change only as provided in this
   71  subsection.
   72         (5) Changes, additions, reductions, or improvements to
   73  homestead property shall be assessed as provided for by general
   74  law.; provided, However, after the adjustment for any change,
   75  addition, reduction, or improvement, the property shall be
   76  assessed as provided in this subsection.
   77         (6) In the event of a termination of homestead status, the
   78  property shall be assessed as provided by general law.
   79         (7) The provisions of this subsection amendment are
   80  severable. If a provision any of the provisions of this
   81  subsection is amendment shall be held unconstitutional by a any
   82  court of competent jurisdiction, the decision of the such court
   83  does shall not affect or impair any remaining provisions of this
   84  subsection amendment.
   85         (8)a. A person who establishes a new homestead as of
   86  January 1, 2009, or January 1 of any subsequent year and who has
   87  received a homestead exemption pursuant to Section 6 of this
   88  Article as of January 1 of either of the 2 two years immediately
   89  preceding the establishment of a the new homestead is entitled
   90  to have the new homestead assessed at less than just value. If
   91  this revision is approved in January of 2008, a person who
   92  establishes a new homestead as of January 1, 2008, is entitled
   93  to have the new homestead assessed at less than just value only
   94  if that person received a homestead exemption on January 1,
   95  2007. The assessed value of the newly established homestead
   96  shall be determined as follows:
   97         1. If the just value of the new homestead is greater than
   98  or equal to the just value of the prior homestead as of January
   99  1 of the year in which the prior homestead was abandoned, the
  100  assessed value of the new homestead shall be the just value of
  101  the new homestead minus an amount equal to the lesser of
  102  $500,000 or the difference between the just value and the
  103  assessed value of the prior homestead as of January 1 of the
  104  year in which the prior homestead was abandoned. Thereafter, the
  105  homestead shall be assessed as provided in this subsection.
  106         2. If the just value of the new homestead is less than the
  107  just value of the prior homestead as of January 1 of the year in
  108  which the prior homestead was abandoned, the assessed value of
  109  the new homestead shall be equal to the just value of the new
  110  homestead divided by the just value of the prior homestead and
  111  multiplied by the assessed value of the prior homestead.
  112  However, if the difference between the just value of the new
  113  homestead and the assessed value of the new homestead calculated
  114  pursuant to this sub-subparagraph is greater than $500,000, the
  115  assessed value of the new homestead shall be increased so that
  116  the difference between the just value and the assessed value
  117  equals $500,000. Thereafter, the homestead shall be assessed as
  118  provided in this subsection.
  119         b. By general law and subject to conditions specified
  120  therein, the legislature shall provide for application of this
  121  paragraph to property owned by more than one person.
  122         (e) The legislature may, by general law, for assessment
  123  purposes and subject to the provisions of this subsection, allow
  124  counties and municipalities to authorize by ordinance that
  125  historic property may be assessed solely on the basis of
  126  character or use. Such character or use assessment shall apply
  127  only to the jurisdiction adopting the ordinance. The
  128  requirements for eligible properties must be specified by
  129  general law.
  130         (f) A county may, in the manner prescribed by general law,
  131  provide for a reduction in the assessed value of homestead
  132  property to the extent of any increase in the assessed value of
  133  that property which results from the construction or
  134  reconstruction of the property for the purpose of providing
  135  living quarters for one or more natural or adoptive grandparents
  136  or parents of the owner of the property or of the owner’s spouse
  137  if at least one of the grandparents or parents for whom the
  138  living quarters are provided is 62 years of age or older. Such a
  139  reduction may not exceed the lesser of the following:
  140         (1) The increase in assessed value resulting from
  141  construction or reconstruction of the property.
  142         (2) Twenty percent of the total assessed value of the
  143  property as improved.
  144         (g) For all levies other than school district levies,
  145  assessments of residential real property, as defined by general
  146  law, which contains nine units or fewer and which is not subject
  147  to the assessment limitations set forth in subsections (a)
  148  through (d) shall change only as provided in this subsection.
  149         (1) Assessments subject to this subsection shall be changed
  150  annually on the date of assessment provided by law. However,;
  151  but those changes in assessments may shall not exceed 3 ten
  152  percent (10%) of the assessment for the prior year.
  153         (2) An No assessment may not shall exceed just value.
  154         (3) After a change of ownership or control, as defined by
  155  general law, including any change of ownership of a legal entity
  156  that owns the property, such property shall be assessed at just
  157  value as of the next assessment date. Thereafter, such property
  158  shall be assessed as provided in this subsection.
  159         (4) Changes, additions, reductions, or improvements to such
  160  property shall be assessed as provided for by general law.;
  161  However, after the adjustment for any change, addition,
  162  reduction, or improvement, the property shall be assessed as
  163  provided in this subsection.
  164         (h) For all levies other than school district levies,
  165  assessments of real property that is not subject to the
  166  assessment limitations set forth in subsections (a) through (d)
  167  and (g) shall change only as provided in this subsection.
  168         (1) Assessments subject to this subsection shall be changed
  169  annually on the date of assessment provided by law. However,;
  170  but those changes in assessments may shall not exceed 3 ten
  171  percent (10%) of the assessment for the prior year.
  172         (2) An No assessment may not shall exceed just value.
  173         (3) The legislature must provide that such property shall
  174  be assessed at just value as of the next assessment date after a
  175  qualifying improvement, as defined by general law, is made to
  176  such property. Thereafter, such property shall be assessed as
  177  provided in this subsection.
  178         (4) The legislature may provide that such property shall be
  179  assessed at just value as of the next assessment date after a
  180  change of ownership or control, as defined by general law,
  181  including any change of ownership of the legal entity that owns
  182  the property. Thereafter, such property shall be assessed as
  183  provided in this subsection.
  184         (5) Changes, additions, reductions, or improvements to such
  185  property shall be assessed as provided for by general law.;
  186  However, after the adjustment for any change, addition,
  187  reduction, or improvement, the property shall be assessed as
  188  provided in this subsection.
  189         (i) The legislature, by general law and subject to
  190  conditions specified therein, may prohibit the consideration of
  191  the following in the determination of the assessed value of real
  192  property used for residential purposes:
  193         (1) Any change or improvement made for the purpose of
  194  improving the property’s resistance to wind damage.
  195         (2) The installation of a renewable energy source device.
  196         (j)(1) The assessment of the following working waterfront
  197  properties shall be based upon the current use of the property:
  198         a. Land used predominantly for commercial fishing purposes.
  199         b. Land that is accessible to the public and used for
  200  vessel launches into waters that are navigable.
  201         c. Marinas and drystacks that are open to the public.
  202         d. Water-dependent marine manufacturing facilities,
  203  commercial fishing facilities, and marine vessel construction
  204  and repair facilities and their support activities.
  205         (2) The assessment benefit provided by this subsection is
  206  subject to conditions and limitations and reasonable definitions
  207  as specified by the legislature by general law.
  208         SECTION 6. Homestead exemptions.—
  209         (a) Every person who has the legal or equitable title to
  210  real estate and maintains thereon the permanent residence of the
  211  owner, or another legally or naturally dependent upon the owner,
  212  shall be exempt from taxation thereon, except assessments for
  213  special benefits, up to the assessed valuation of $25,000
  214  twenty-five thousand dollars and, for all levies other than
  215  school district levies, on the assessed valuation greater than
  216  $50,000 fifty thousand dollars and up to $75,000 seventy-five
  217  thousand dollars, upon establishment of right thereto in the
  218  manner prescribed by law. The real estate may be held by legal
  219  or equitable title, by the entireties, jointly, in common, as a
  220  condominium, or indirectly by stock ownership or membership
  221  representing the owner’s or member’s proprietary interest in a
  222  corporation owning a fee or a leasehold initially in excess of
  223  98 ninety-eight years. The exemption shall not apply with
  224  respect to any assessment roll until such roll is first
  225  determined to be in compliance with the provisions of Section 4
  226  by a state agency designated by general law. This exemption is
  227  repealed on the effective date of any amendment to this Article
  228  which provides for the assessment of homestead property at less
  229  than just value.
  230         (b) Not more than one exemption shall be allowed any
  231  individual or family unit or with respect to any residential
  232  unit. No exemption shall exceed the value of the real estate
  233  assessable to the owner or, in case of ownership through stock
  234  or membership in a corporation, the value of the proportion
  235  which the interest in the corporation bears to the assessed
  236  value of the property.
  237         (c) By general law and subject to conditions specified
  238  therein, the legislature may provide to renters, who are
  239  permanent residents, ad valorem tax relief on all ad valorem tax
  240  levies. Such ad valorem tax relief shall be in the form and
  241  amount established by general law.
  242         (d) The legislature may, by general law, allow counties or
  243  municipalities, for the purpose of their respective tax levies
  244  and subject to the provisions of general law, to grant an
  245  additional homestead tax exemption not exceeding $50,000 fifty
  246  thousand dollars to any person who has the legal or equitable
  247  title to real estate and maintains thereon the permanent
  248  residence of the owner and who has attained age 65 sixty-five
  249  and whose household income, as defined by general law, does not
  250  exceed $20,000 twenty thousand dollars. The general law must
  251  allow counties and municipalities to grant this additional
  252  exemption, within the limits prescribed in this subsection, by
  253  ordinance adopted in the manner prescribed by general law, and
  254  must provide for the periodic adjustment of the income
  255  limitation prescribed in this subsection for changes in the cost
  256  of living.
  257         (e) Each veteran who is age 65 or older who is partially or
  258  totally permanently disabled shall receive a discount from the
  259  amount of the ad valorem tax otherwise owed on homestead
  260  property the veteran owns and resides in if the disability was
  261  combat related, the veteran was a resident of this state at the
  262  time of entering the military service of the United States, and
  263  the veteran was honorably discharged upon separation from
  264  military service. The discount shall be in a percentage equal to
  265  the percentage of the veteran’s permanent, service-connected
  266  disability as determined by the United States Department of
  267  Veterans Affairs. To qualify for the discount granted by this
  268  subsection, an applicant must submit to the county property
  269  appraiser, by March 1, proof of residency at the time of
  270  entering military service, an official letter from the United
  271  States Department of Veterans Affairs stating the percentage of
  272  the veteran’s service-connected disability and such evidence
  273  that reasonably identifies the disability as combat related, and
  274  a copy of the veteran’s honorable discharge. If the property
  275  appraiser denies the request for a discount, the appraiser must
  276  notify the applicant in writing of the reasons for the denial,
  277  and the veteran may reapply. The legislature may, by general
  278  law, waive the annual application requirement in subsequent
  279  years. This subsection shall take effect December 7, 2006, is
  280  self-executing, and does not require implementing legislation.
  281         (f) As provided by general law and subject to conditions
  282  specified therein, every person who establishes the right to
  283  receive the homestead exemption provided in subsection (a)
  284  within 1 year after purchasing the homestead property and who
  285  has not owned property in the previous 3 calendar years to which
  286  the homestead exemption provided in subsection (a) applied is
  287  entitled to an additional homestead exemption in an amount equal
  288  to 50 percent of the homestead property’s just value on January
  289  1 of the year the homestead is established for all levies other
  290  than school district levies. The additional exemption shall
  291  apply for a period of 5 years or until the year the property is
  292  sold, whichever occurs first. The amount of the additional
  293  exemption shall not exceed $200,000 and shall be reduced in each
  294  subsequent year by an amount equal to 20 percent of the amount
  295  of the additional exemption received in the year the homestead
  296  was established or by an amount equal to the difference between
  297  the just value of the property and the assessed value of the
  298  property determined under Section 4(d), whichever is greater.
  299  Not more than one exemption provided under this subsection shall
  300  be allowed per homestead property. The additional exemption
  301  shall apply to property purchased on or after January 1, 2012,
  302  but shall not be available in the sixth and subsequent years
  303  after the additional exemption is first received.
  304                             ARTICLE XII                           
  305                              SCHEDULE                             
  306         SECTION 32. Property assessments.—This section and the
  307  amendment of Section 4 of Article VII protecting homestead
  308  property having a declining market value and reducing the limit
  309  on the maximum annual increase in the assessed value of
  310  nonhomestead property from 10 percent to 3 percent shall take
  311  effect January 1, 2013.
  312         SECTION 33. Additional homestead exemption for owners of
  313  homestead property who recently have not owned homestead
  314  property.—This section and the amendment to Section 6 of Article
  315  VII providing for an additional homestead exemption for owners
  316  of homestead property who have not owned homestead property
  317  during the 3 calendar years immediately preceding purchase of
  318  the current homestead property shall take effect January 1,
  319  2013, and the additional homestead exemption shall be available
  320  for properties purchased on or after January 1, 2012.
  321         BE IT FURTHER RESOLVED that the following statement be
  322  placed on the ballot:
  323                      CONSTITUTIONAL AMENDMENT                     
  324                     ARTICLE VII, SECTIONS 4, 6                    
  325                    ARTICLE XII, SECTIONS 32, 33                   
  326         PROPERTY ASSESSMENT; HOMESTEAD VALUE DECLINE; NONHOMESTEAD
  327  INCREASE LIMITATION REDUCTION; ADDITIONAL HOMESTEAD EXEMPTION.—
  328         (1) In certain circumstances, the law requires the assessed
  329  value of homestead property to increase when the fair market
  330  value of the property decreases. Therefore, this amendment
  331  provides that the assessed value of homestead property will not
  332  increase if the fair market value of that property decreases and
  333  provides an effective date of January 1, 2013.
  334         (2) This amendment reduces from 10 percent to 3 percent the
  335  limitation on annual increases in assessments of nonhomestead
  336  real property and provides an effective date of January 1, 2013.
  337         (3) This amendment also provides owners of homestead
  338  property who have not owned homestead property during the 3
  339  calendar years immediately preceding purchase of the current
  340  homestead property with an additional homestead exemption equal
  341  to 50 percent of the property’s just value in the first year for
  342  all levies other than school district levies, limited to
  343  $200,000; applies the additional exemption for the shorter of 5
  344  years or the year of sale of the property; reduces the amount of
  345  the additional exemption in each succeeding year for 5 years by
  346  the greater of 20 percent of the amount of the initial
  347  additional exemption or the difference between the just value
  348  and the assessed value of the property; limits the additional
  349  exemption to one per homestead property; limits the additional
  350  exemption to properties purchased on or after January 1, 2012;
  351  prohibits availability of the additional exemption in the sixth
  352  and subsequent years after the additional exemption is granted;
  353  and provides for the amendment to take effect January 1, 2013,
  354  and apply to properties purchased on or after January 1, 2012.