Bill Text: FL S0838 | 2012 | Regular Session | Introduced

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

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Bill Title: Homestead Assessment Limitation/Low-income Senior Citizens

Spectrum: Bipartisan Bill

Status: (Failed) 2012-03-09 - Died in Budget Subcommittee on Finance and Tax [S0838 Detail]

Download: Florida-2012-S0838-Introduced.html

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       Florida Senate - 2012                                    SJR 838
       
       
       
       By Senator Diaz de la Portilla
       
       
       
       
       36-00008A-12                                           2012838__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 4
    3         of Article VII of the State Constitution to authorize
    4         counties and municipalities to limit the assessed
    5         value of the homesteads of certain low-income senior
    6         citizens.
    7  
    8  Be It Resolved by the Legislature of the State of Florida:
    9  
   10         That the following amendment to Section 4 of Article VII of
   11  the State Constitution is agreed to and shall be submitted to
   12  the electors of this state for approval or rejection at the next
   13  general election or at an earlier special election specifically
   14  authorized by law for that purpose:
   15                             ARTICLE VII                           
   16                        FINANCE AND TAXATION                       
   17         SECTION 4. Taxation; assessments.—By general law
   18  regulations shall be prescribed which shall secure a just
   19  valuation of all property for ad valorem taxation, provided:
   20         (a) Agricultural land, land producing high water recharge
   21  to Florida’s aquifers, or land used exclusively for
   22  noncommercial recreational purposes may be classified by general
   23  law and assessed solely on the basis of character or use.
   24         (b) As provided by general law and subject to conditions,
   25  limitations, and reasonable definitions specified therein, land
   26  used for conservation purposes shall be classified by general
   27  law and assessed solely on the basis of character or use.
   28         (c) Pursuant to general law tangible personal property held
   29  for sale as stock in trade and livestock may be valued for
   30  taxation at a specified percentage of its value, may be
   31  classified for tax purposes, or may be exempted from taxation.
   32         (d) All persons entitled to a homestead exemption under
   33  Section 6 of this Article shall have their homestead assessed at
   34  just value as of January 1 of the year following the effective
   35  date of this amendment. This assessment shall change only as
   36  provided in this subsection.
   37         (1) Except as provided in paragraph (2), assessments
   38  subject to this subsection shall change be changed annually on
   39  January 1 1st of each year; but those changes in assessments may
   40  shall not exceed the lower of the following:
   41         a. Three percent (3%) of the assessment for the prior 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 a
   44  successor index reports for the preceding calendar year as
   45  initially reported by the United States Department of Labor,
   46  Bureau of 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, must
   58  specify the state agency designated to calculate the average
   59  just value of homestead property within each county and
   60  municipality, and must provide that such agency annually supply
   61  that information to each property appraiser. The calculation
   62  shall be based on the prior year’s tax roll of each county.
   63         (3)(2) An No assessment may not shall exceed just value.
   64         (4)(3) After a 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 only
   73  as 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 subsection amendment are
   82  severable. If a provision any of the provisions of this
   83  subsection is amendment shall be held unconstitutional by a any
   84  court of competent jurisdiction, the decision of the such court
   85  does shall not affect or impair any remaining provisions of this
   86  subsection amendment.
   87         (9)(8)a. A person who establishes a new homestead as of
   88  January 1, 2009, or January 1 of any subsequent year and who has
   89  received a homestead exemption pursuant to Section 6 of this
   90  Article as of January 1 of either of the two years immediately
   91  preceding the establishment of a the new homestead is entitled
   92  to have the new homestead assessed at less than just value. If
   93  this revision is approved in January of 2008, a person who
   94  establishes a new homestead as of January 1, 2008, is entitled
   95  to have the new homestead assessed at less than just value only
   96  if that person received a homestead exemption on January 1,
   97  2007. The assessed value of the newly established homestead
   98  shall be determined as follows:
   99         1. If the just value of the new homestead is greater than
  100  or equal to the just value of the prior homestead as of January
  101  1 of the year in which the prior homestead was abandoned, the
  102  assessed value of the new homestead shall be the just value of
  103  the new homestead minus an amount equal to the lesser of
  104  $500,000 or the difference between the just value and the
  105  assessed value of the prior homestead as of January 1 of the
  106  year in which the prior homestead was abandoned. Thereafter, the
  107  homestead shall be assessed as provided in this subsection.
  108         2. If the just value of the new homestead is less than the
  109  just value of the prior homestead as of January 1 of the year in
  110  which the prior homestead was abandoned, the assessed value of
  111  the new homestead shall be equal to the just value of the new
  112  homestead divided by the just value of the prior homestead and
  113  multiplied by the assessed value of the prior homestead.
  114  However, if the difference between the just value of the new
  115  homestead and the assessed value of the new homestead calculated
  116  pursuant to this sub-subparagraph is greater than $500,000, the
  117  assessed value of the new homestead shall be increased so that
  118  the difference between the just value and the assessed value
  119  equals $500,000. Thereafter, the homestead shall be assessed as
  120  provided in this subsection.
  121         b. By general law and subject to conditions specified
  122  therein, the Legislature shall provide for application of this
  123  paragraph to property owned by more than one person.
  124         (e) The legislature may, by general law, for assessment
  125  purposes and subject to the provisions of this subsection, allow
  126  counties and municipalities to authorize by ordinance that
  127  historic property may be assessed solely on the basis of
  128  character or use. Such character or use assessment shall apply
  129  only to the jurisdiction adopting the ordinance. The
  130  requirements for eligible properties must be specified by
  131  general law.
  132         (f) A county may, in the manner prescribed by general law,
  133  provide for a reduction in the assessed value of homestead
  134  property to the extent of any increase in the assessed value of
  135  that property which results from the construction or
  136  reconstruction of the property for the purpose of providing
  137  living quarters for one or more natural or adoptive grandparents
  138  or parents of the owner of the property or of the owner’s spouse
  139  if at least one of the grandparents or parents for whom the
  140  living quarters are provided is 62 years of age or older. Such a
  141  reduction may not exceed the lesser of the following:
  142         (1) The increase in assessed value resulting from
  143  construction or reconstruction of the property.
  144         (2) Twenty percent of the total assessed value of the
  145  property as improved.
  146         (g) For all levies other than school district levies,
  147  assessments of residential real property, as defined by general
  148  law, which contains nine units or fewer and which is not subject
  149  to the assessment limitations set forth in subsections (a)
  150  through (d) shall change only as provided in this subsection.
  151         (1) Assessments subject to this subsection shall be changed
  152  annually on the date of assessment provided by law. However,;
  153  but those changes in assessments may shall not exceed ten
  154  percent (10%) of the assessment for the prior year.
  155         (2) An No assessment may not shall exceed just value.
  156         (3) After a change of ownership or control, as defined by
  157  general law, including any change of ownership of a legal entity
  158  that owns the property, such property shall be assessed at just
  159  value as of the next assessment date. Thereafter, such property
  160  shall be assessed as provided in this subsection.
  161         (4) Changes, additions, reductions, or improvements to such
  162  property shall be assessed as provided for by general law.;
  163  However, after the adjustment for any change, addition,
  164  reduction, or improvement, the property shall be assessed as
  165  provided in this subsection.
  166         (h) For all levies other than school district levies,
  167  assessments of real property that is not subject to the
  168  assessment limitations set forth in subsections (a) through (d)
  169  and (g) shall change only as provided in this subsection.
  170         (1) Assessments subject to this subsection shall be changed
  171  annually on the date of assessment provided by law. However,;
  172  but those changes in assessments may shall not exceed ten
  173  percent (10%) of the assessment for the prior year.
  174         (2) An No assessment may not shall exceed just value.
  175         (3) The legislature must provide that such property shall
  176  be assessed at just value as of the next assessment date after a
  177  qualifying improvement, as defined by general law, is made to
  178  such property. Thereafter, such property shall be assessed as
  179  provided in this subsection.
  180         (4) The legislature may provide that such property shall be
  181  assessed at just value as of the next assessment date after a
  182  change of ownership or control, as defined by general law,
  183  including any change of ownership of the legal entity that owns
  184  the property. Thereafter, such property shall be assessed as
  185  provided in this subsection.
  186         (5) Changes, additions, reductions, or improvements to such
  187  property shall be assessed as provided for by general law.;
  188  However, after the adjustment for any change, addition,
  189  reduction, or improvement, the property shall be assessed as
  190  provided in this subsection.
  191         (i) The legislature, by general law and subject to
  192  conditions specified therein, may prohibit the consideration of
  193  the following in the determination of the assessed value of real
  194  property used for residential purposes:
  195         (1) Any change or improvement made for the purpose of
  196  improving the property’s resistance to wind damage.
  197         (2) The installation of a renewable energy source device.
  198         (j)(1) The assessment of the following working waterfront
  199  properties shall be based upon the current use of the property:
  200         a. Land used predominantly for commercial fishing 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.