Florida Senate - 2010                                   SJR 1402 
 
By Senator Garcia 
40-01189-10                                           20101402__ 
1                       Senate Joint Resolution 
2         A joint resolution proposing amendments to Sections 2, 
3         4, and 6 and the creation of Section 19 of Article VII 
4         and the creation of Section 31 of Article XII of the 
5         State Constitution to provide for an alternative 
6         methodology for changing assessments of homestead 
7         property, the rate for taxing homestead property, and 
8         homestead exemptions, provide for transitional 
9         assessments of homestead property, and provide an 
10         effective date. 
11 
12  Be It Resolved by the Legislature of the State of Florida: 
13 
14         That the following amendments to Sections 2, 4, and 6 and 
15  the creation of Section 19 of Article VII and the creation of 
16  Section 31 of Article XII of the State Constitution are agreed 
17  to and shall be submitted to the electors of this state for 
18  approval or rejection at the next general election or at an 
19  earlier special election specifically authorized by law for that 
20  purpose: 
21                             ARTICLE VII 
22                        FINANCE AND TAXATION 
23         SECTION 2. Taxes; rate.—Except as provided in Section 19 of 
24  this Article, all ad valorem taxation shall be at a uniform rate 
25  within each taxing unit, except the taxes on intangible personal 
26  property may be at different rates but shall never exceed two 
27  mills on the dollar of assessed value; provided, as to any 
28  obligations secured by mortgage, deed of trust, or other lien on 
29  real estate wherever located, an intangible tax of not more than 
30  two mills on the dollar may be levied by law to be in lieu of 
31  all other intangible assessments on such obligations. 
32         SECTION 4. Taxation; assessments.—By general law 
33  regulations shall be prescribed which shall secure a just 
34  valuation of all property for ad valorem taxation, provided: 
35         (a) Agricultural land, land producing high water recharge 
36  to Florida’s aquifers, or land used exclusively for 
37  noncommercial recreational purposes may be classified by general 
38  law and assessed solely on the basis of character or use. 
39         (b) As provided by general law and subject to conditions, 
40  limitations, and reasonable definitions specified therein, land 
41  used for conservation purposes shall be classified by general 
42  law and assessed solely on the basis of character or use. 
43         (c) Pursuant to general law tangible personal property held 
44  for sale as stock in trade and livestock may be valued for 
45  taxation at a specified percentage of its value, may be 
46  classified for tax purposes, or may be exempted from taxation. 
47         (d) Except as provided in Section 19 of this Article, all 
48  persons entitled to a homestead exemption under Section 6 of 
49  this Article shall have their homestead assessed at just value 
50  as of January 1 of the year following the effective date of this 
51  amendment. This assessment shall change only as provided in this 
52  subsection. 
53         (1) Assessments subject to this subsection shall be changed 
54  annually on January 1st of each year; but those changes in 
55  assessments shall not exceed the lower of the following: 
56         a. Three percent (3%) of the assessment for the prior year. 
57         b. The percent change in the Consumer Price Index for all 
58  urban consumers, U.S. City Average, all items 1967=100, or 
59  successor reports for the preceding calendar year as initially 
60  reported by the United States Department of Labor, Bureau of 
61  Labor Statistics. 
62         (2) No assessment shall exceed just value. 
63         (3) After any change of ownership, as provided by general 
64  law, homestead property shall be assessed at just value as of 
65  January 1 of the following year, unless the provisions of 
66  paragraph (8) apply. Thereafter, the homestead shall be assessed 
67  as provided in this subsection. 
68         (4) New homestead property shall be assessed at just value 
69  as of January 1st of the year following the establishment of the 
70  homestead, unless the provisions of paragraph (8) apply. That 
71  assessment shall only change as provided in this 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 amendment are severable. If any 
80  of the provisions of this amendment shall be held 
81  unconstitutional by any court of competent jurisdiction, the 
82  decision of such court shall not affect or impair any remaining 
83  provisions of this amendment. 
84         (8)a. A person who establishes a new homestead as of 
85  January 1, 2009, or January 1 of any subsequent year and who has 
86  received a homestead exemption pursuant to Section 6 of this 
87  Article as of January 1 of either of the two years immediately 
88  preceding the establishment of the new homestead is entitled to 
89  have the new homestead assessed at less than just value. If this 
90  revision is approved in January of 2008, a person who 
91  establishes a new homestead as of January 1, 2008, is entitled 
92  to have the new homestead assessed at less than just value only 
93  if that person received a homestead exemption on January 1, 
94  2007. The assessed value of the newly established homestead 
95  shall be determined as follows: 
96         1. If the just value of the new homestead is greater than 
97  or equal to the just value of the prior homestead as of January 
98  1 of the year in which the prior homestead was abandoned, the 
99  assessed value of the new homestead shall be the just value of 
100  the new homestead minus an amount equal to the lesser of 
101  $500,000 or the difference between the just value and the 
102  assessed value of the prior homestead as of January 1 of the 
103  year in which the prior homestead was abandoned. Thereafter, the 
104  homestead shall be assessed as provided in this subsection. 
105         2. If the just value of the new homestead is less than the 
106  just value of the prior homestead as of January 1 of the year in 
107  which the prior homestead was abandoned, the assessed value of 
108  the new homestead shall be equal to the just value of the new 
109  homestead divided by the just value of the prior homestead and 
110  multiplied by the assessed value of the prior homestead. 
111  However, if the difference between the just value of the new 
112  homestead and the assessed value of the new homestead calculated 
113  pursuant to this sub-subparagraph is greater than $500,000, the 
114  assessed value of the new homestead shall be increased so that 
115  the difference between the just value and the assessed value 
116  equals $500,000. Thereafter, the homestead shall be assessed as 
117  provided in this subsection. 
118         b. By general law and subject to conditions specified 
119  therein, the Legislature shall provide for application of this 
120  paragraph to property owned by more than one person. 
121         (e) The legislature may, by general law, for assessment 
122  purposes and subject to the provisions of this subsection, allow 
123  counties and municipalities to authorize by ordinance that 
124  historic property may be assessed solely on the basis of 
125  character or use. Such character or use assessment shall apply 
126  only to the jurisdiction adopting the ordinance. The 
127  requirements for eligible properties must be specified by 
128  general law. 
129         (f) A county may, in the manner prescribed by general law, 
130  provide for a reduction in the assessed value of homestead 
131  property to the extent of any increase in the assessed value of 
132  that property which results from the construction or 
133  reconstruction of the property for the purpose of providing 
134  living quarters for one or more natural or adoptive grandparents 
135  or parents of the owner of the property or of the owner’s spouse 
136  if at least one of the grandparents or parents for whom the 
137  living quarters are provided is 62 years of age or older. Such a 
138  reduction may not exceed the lesser of the following: 
139         (1) The increase in assessed value resulting from 
140  construction or reconstruction of the property. 
141         (2) Twenty percent of the total assessed value of the 
142  property as improved. 
143         (g) Except as provided in Section 19 of this Article, for 
144  all levies other than school district levies, assessments of 
145  residential real property, as defined by general law, which 
146  contains nine units or fewer and which is not subject to the 
147  assessment limitations set forth in subsections (a) through (d) 
148  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; but those 
151  changes in assessments shall not exceed ten percent (10%) of the 
152  assessment for the prior year. 
153         (2) No assessment 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) Except as provided in Section 19 of this Article, for 
165  all levies other than school district levies, assessments of 
166  real property that is not subject to the assessment limitations 
167  set forth in subsections (a) through (d) and (g) shall change 
168  only as provided in this subsection. 
169         (1) Assessments subject to this subsection shall be changed 
170  annually on the date of assessment provided by law; but those 
171  changes in assessments shall not exceed ten percent (10%) of the 
172  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 be 
180  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 such 
186  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 purposes. 
200         b. Land that is accessible to the public and used for 
201  vessel launches into waters that are navigable. 
202         c. Marinas and drystacks that are open to the public. 
203         d. Water-dependent marine manufacturing facilities, 
204  commercial fishing facilities, and marine vessel construction 
205  and repair facilities and their support activities. 
206         (2) The assessment benefit provided by this subsection is 
207  subject to conditions and limitations and reasonable definitions 
208  as specified by the legislature by general law. 
209         SECTION 6. Homestead exemptions.— 
210         (a) Except as provided in Section 19 of this Article, every 
211  person who has the legal or equitable title to real estate and 
212  maintains thereon the permanent residence of the owner, or 
213  another legally or naturally dependent upon the owner, shall be 
214  exempt from taxation thereon, except assessments for special 
215  benefits, up to the assessed valuation of twenty-five thousand 
216  dollars and, for all levies other than school district levies, 
217  on the assessed valuation greater than fifty thousand dollars 
218  and up to seventy-five thousand dollars, upon establishment of 
219  right thereto in the manner prescribed by law. The real estate 
220  may be held by legal or equitable title, by the entireties, 
221  jointly, in common, as a condominium, or indirectly by stock 
222  ownership or membership representing the owner’s or member’s 
223  proprietary interest in a corporation owning a fee or a 
224  leasehold initially in excess of ninety-eight years. The 
225  exemption shall not apply with respect to any assessment roll 
226  until such roll is first determined to be in compliance with the 
227  provisions of section 4 by a state agency designated by general 
228  law. This exemption is repealed on the effective date of any 
229  amendment to this Article which provides for the assessment of 
230  homestead property at less than just value. 
231         (b) Not more than one exemption shall be allowed any 
232  individual or family unit or with respect to any residential 
233  unit. No exemption shall exceed the value of the real estate 
234  assessable to the owner or, in case of ownership through stock 
235  or membership in a corporation, the value of the proportion 
236  which the interest in the corporation bears to the assessed 
237  value of the property. 
238         (c) By general law and subject to conditions specified 
239  therein, the Legislature may provide to renters, who are 
240  permanent residents, ad valorem tax relief on all ad valorem tax 
241  levies. Such ad valorem tax relief shall be in the form and 
242  amount established by general law. 
243         (d) Except as provided in Section 19 of this Article, the 
244  legislature may, by general law, allow counties or 
245  municipalities, for the purpose of their respective tax levies 
246  and subject to the provisions of general law, to grant an 
247  additional homestead tax exemption not exceeding fifty thousand 
248  dollars to any person who has the legal or equitable title to 
249  real estate and maintains thereon the permanent residence of the 
250  owner and who has attained age sixty-five and whose household 
251  income, as defined by general law, does not exceed twenty 
252  thousand dollars. The general law must allow counties and 
253  municipalities to grant this additional exemption, within the 
254  limits prescribed in this subsection, by ordinance adopted in 
255  the manner prescribed by general law, and must provide for the 
256  periodic adjustment of the income limitation prescribed in this 
257  subsection for changes in the cost of living. 
258         (e) Except as provided in Section 19 of this Article, each 
259  veteran who is age 65 or older who is partially or totally 
260  permanently disabled shall receive a discount from the amount of 
261  the ad valorem tax otherwise owed on homestead property the 
262  veteran owns and resides in if the disability was combat 
263  related, the veteran was a resident of this state at the time of 
264  entering the military service of the United States, and the 
265  veteran was honorably discharged upon separation from military 
266  service. The discount shall be in a percentage equal to the 
267  percentage of the veteran’s permanent, service-connected 
268  disability as determined by the United States Department of 
269  Veterans Affairs. To qualify for the discount granted by this 
270  subsection, an applicant must submit to the county property 
271  appraiser, by March 1, proof of residency at the time of 
272  entering military service, an official letter from the United 
273  States Department of Veterans Affairs stating the percentage of 
274  the veteran’s service-connected disability and such evidence 
275  that reasonably identifies the disability as combat related, and 
276  a copy of the veteran’s honorable discharge. If the property 
277  appraiser denies the request for a discount, the appraiser must 
278  notify the applicant in writing of the reasons for the denial, 
279  and the veteran may reapply. The Legislature may, by general 
280  law, waive the annual application requirement in subsequent 
281  years. This subsection shall take effect December 7, 2006, is 
282  self-executing, and does not require implementing legislation. 
283         SECTION 19. Alternative homestead property assessment; 
284  taxation; exemption; future revision limitation.— 
285         (a) All persons entitled to a homestead exemption under 
286  this section shall have their homestead assessed at just value 
287  as of January 1 of the year following the effective date of this 
288  section. This assessment shall be changed each year by the 
289  percentage change in the market value of the property from the 
290  prior year, provided that any increase in the assessment shall 
291  not exceed the lower of three percent (3%) of the assessment for 
292  the prior year or the percent change in the Consumer Price Index 
293  for all urban consumers, U.S. City Average, all items 1967=100, 
294  or successor reports for the preceding calendar year as 
295  initially reported by the United States Department of Labor, 
296  Bureau of Labor Statistics. 
297         (b) Under this section, homestead property shall be taxed 
298  at the rate of one and one-half percent (1.5%) of the just value 
299  of the property. 
300         (c) Every person who has the legal or equitable title to 
301  real estate and maintains thereon the permanent residence of the 
302  owner, or another legally or naturally dependent upon the owner, 
303  shall be exempt from taxation thereon, except assessments for 
304  special benefits, up to the assessed valuation of the median 
305  value of single-family homes for the prior year in the county in 
306  which the homestead is located. The owner of a homestead who is 
307  65 years of age or older and whose income does not exceed 80 
308  percent of the median family income for the county shall be 
309  entitled to an additional exemption equal to the amount of the 
310  exemption provided in this subsection. 
311         (d) The provisions of this section shall apply only to the 
312  owner of homestead property and the homestead if the owner makes 
313  an irrevocable election to have this section apply instead of 
314  Sections 2, 4, and 6 of this Article. 
315         (e) By general law, the legislature shall provide 
316  regulations to implement and enforce this section. 
317         (f) Notwithstanding any other provision of Article XI, any 
318  revision to the provisions of this section may be made only by 
319  initiative filed as provided in Section 3 of Article XI and 
320  submitted to the voters in a general election. 
321                             ARTICLE XII 
322                              SCHEDULE 
323         SECTION 31. Transitional assessments of homestead property; 
324  effective date.— 
325         (a) Each person entitled to a homestead exemption under 
326  Section 6 of Article VII on the effective date of this section 
327  shall continue to have the person’s current homestead assessed 
328  under Section 4(c) of Article VII until the person makes an 
329  irrevocable election to have the person’s homestead assessed 
330  under Section 19 of Article VII. After an irrevocable election 
331  is made, the homestead will continue to be assessed under 
332  Section 4(c) of Article VII until December 31 of the year in 
333  which the election is made and thereafter may not be assessed 
334  under Section 4(c) of Article VII. Beginning January 1 of the 
335  year following such election, the homestead shall be assessed 
336  and taxed as provided by Section 19 of Article VII. By general 
337  law and subject to conditions specified therein, the legislature 
338  shall provide procedures for persons to make the election. 
339         (b) The amendments to Sections 2, 4, and 6 and the creation 
340  of Section 19 of Article VII, providing an alternative 
341  methodology for changing assessments of homestead property, 
342  providing for taxing homestead property at 1.5 percent of the 
343  just value, and providing a homestead exemption equal to the 
344  median value of single-family homes in the county in which the 
345  homestead is located and a double homestead exemption for low 
346  income property owners 65 years of age or older, and limiting 
347  revisions to a citizen’s initiative, and this section, providing 
348  for transitional assessments of homestead property, if submitted 
349  to the electors of this state for approval or rejection at a 
350  special election authorized by law to be held in 2010 or at the 
351  2010 general election, shall take effect upon approval by the 
352  electors and shall operate retroactively to January 1, 2010. 
353         BE IT FURTHER RESOLVED that the following statement be 
354  placed on the ballot: 
355                      CONSTITUTIONAL AMENDMENT 
356                  ARTICLE VII, SECTIONS 2, 4, 6, 19 
357                       ARTICLE XII, SECTION 31 
358         ALTERNATIVE HOMESTEAD PROPERTY ASSESSMENT, TAXATION, 
359  EXEMPTION.—Proposing changes to the State Constitution relating 
360  to ad valorem taxation as follows: 
361         1.a. Provides for changing the assessment of homestead 
362  property each year by the percentage change in the market value 
363  of the property from the prior year and limiting increases in 
364  assessments to the lower of 3 percent or the percentage change 
365  in the Consumer Price Index. 
366         b. Provides for taxing homestead property at 1.5 percent of 
367  the just value of the property. 
368         c. Provides for a homestead exemption equal to the median 
369  value of single-family homes in the county in which the 
370  homestead is located and a double exemption for homestead owners 
371  65 years of age or older with an income not exceeding 80 percent 
372  of the median family income for the county. 
373         2. Preserves the existing assessment, taxation, and 
374  exemption of homestead property but provides for an irrevocable 
375  election by the homestead owner to apply the provisions of the 
376  amendments to the homestead property. 
377         3. Limits revising the provisions of the amendment to 
378  citizen’s initiative. 
379         4. Schedules the changes to take effect upon approval by 
380  the voters and operate retroactively to January 1, 2010, if 
381  approved in a special election held in 2010 or in the general 
382  election held in November of 2010.