Loading...
VAB Agenda 02/10/2020 Item # 3A2 d(SJR 146) ITEM 3A2 Florida Legislative Session 2020 — Proposed Bills SJR 146 Florida Senate - 2020 SJR 146 By Senator Brandes 24-00217-20 2020146 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to Section 4 3 of Article VII and the creation of a new section in 4 Article XII of the State Constitution to increase the 5 period of time during which the accrued benefit from 6 specified limitations on homestead property tax 7 assessments may be transferred from a prior homestead 8 to a new homestead, and to provide an effective date . 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 13 and the creation of a new section in Article XII of the State 14 Constitution are agreed to and shall be submitted to the 15 electors of this state for approval or rejection at the next 16 general election or at an earlier special election specifically 17 authorized by law for that purpose: 18 ARTICLE VII 19 FINANCE AND TAXATION 20 SECTION 4 . Taxation; assessments .—By general law 21 regulations shall be prescribed which shall secure a just 22 valuation of all property for ad valorem taxation, provided: 23 (a) Agricultural land, land producing high water recharge 24 to Florida' s aquifers, or land used exclusively for 25 noncommercial recreational purposes may be classified by general 26 law and assessed solely on the basis of character or use. 27 (b) As provided by general law and subject to conditions, 28 limitations, and reasonable definitions specified therein, land 29 used for conservation purposes shall be classified by general Page 1 of 8 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2020 SJR 146 24-00217-20 2020146 30 law and assessed solely on the basis of character or use. 31 (c) Pursuant to general law tangible personal property held 32 for sale as stock in trade and livestock may be valued for 33 taxation at a specified percentage of its value, may be 34 classified for tax purposes, or may be exempted from taxation. 35 (d) All persons entitled to a homestead exemption under 36 Section 6 of this Article shall have their homestead assessed at 37 just value as of January 1 of the year following the effective 38 date of this amendment . This assessment shall change only as 39 provided in this subsection. 40 ( 1) Assessments subject to this subsection shall be changed 41 annually on January 1st of each year; but those changes in 42 assessments shall not exceed the lower of the following: 43 a . Three percent (3%) of the assessment for the prior year . 44 b. The percent change in the Consumer Price Index for all 45 urban consumers, U. S . City Average, all items 1967=100, or 46 successor reports for the preceding calendar year as initially 47 reported by the United States Department of Labor, Bureau of 48 Labor Statistics . 49 (2) No assessment shall exceed just value . 50 (3) After any change of ownership, as provided by general 51 law, homestead property shall be assessed at just value as of 52 January 1 of the following year, unless the provisions of 53 paragraph (8 ) apply. Thereafter, the homestead shall be assessed 54 as provided in this subsection. 55 (4 ) New homestead property shall be assessed at just value 56 as of January 1st of the year following the establishment of the 57 homestead, unless the provisions of paragraph (8 ) apply. That 58 assessment shall only change as provided in this subsection. Page 2 of 8 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2020 SJR 146 24-00217-20 2020146 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 amendment are severable . If any 67 of the provisions of this amendment shall be held 68 unconstitutional by any court of competent jurisdiction, the 69 decision of such court shall not affect or impair any remaining 70 provisions of this amendment . 71 (8 ) a. A person who establishes a new homestead as of 72 January 1, 2009, or January 1 of any subsequent year and who has 73 received a homestead exemption pursuant to Section 6 of this 74 Article as of January 1 of any either of the three two years 75 immediately preceding the establishment of the new homestead is 76 entitled to have the new homestead assessed at less than just 77 value . If this revision is approved in January of 2008, a person 78 who establishes a new homestead as of January 1, 2008, is 79 entitled to have the new homcstcad assessed at less than just 80 value only if that person received a homestead exemption on 81 January 1, 2007 . The assessed value of the newly established 82 homestead shall be determined as follows : 83 1 . If the just value of the new homestead is greater than 84 or equal to the just value of the prior homestead as of January 85 1 of the year in which the prior homestead was abandoned, the 86 assessed value of the new homestead shall be the just value of 87 the new homestead minus an amount equal to the lesser of Page 3 of 8 CODING: Words stricken are deletions; words underlined are additions . Florida Senate - 2020 SJR 146 24-00217-20 2020146 88 $500, 000 or the difference between the just value and the 89 assessed value of the prior homestead as of January 1 of the 90 year in which the prior homestead was abandoned. Thereafter, the 91 homestead shall be assessed as provided in this subsection. 92 2 . If the just value of the new homestead is less than the 93 just value of the prior homestead as of January 1 of the year in 94 which the prior homestead was abandoned, the assessed value of 95 the new homestead shall be equal to the just value of the new 96 homestead divided by the just value of the prior homestead and 97 multiplied by the assessed value of the prior homestead. 98 However, if the difference between the just value of the new 99 homestead and the assessed value of the new homestead calculated 100 pursuant to this sub-subparagraph is greater than $500, 000, the 101 assessed value of the new homestead shall be increased so that 102 the difference between the just value and the assessed value 103 equals $500, 000 . Thereafter, the homestead shall be assessed as 104 provided in this subsection. 105 b. By general law and subject to conditions specified 106 therein, the legislature shall provide for application of this 107 paragraph to property owned by more than one person. 108 (e) The legislature may, by general law, for assessment 109 purposes and subject to the provisions of this subsection, allow 110 counties and municipalities to authorize by ordinance that 111 historic property may be assessed solely on the basis of 112 character or use . Such character or use assessment shall apply 113 only to the jurisdiction adopting the ordinance. The 114 requirements for eligible properties must be specified by 115 general law. 116 (f) A county may, in the manner prescribed by general law, Page 4 of 8 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2020 SJR 146 24-00217-20 2020146 117 provide for a reduction in the assessed value of homestead 118 property to the extent of any increase in the assessed value of 119 that property which results from the construction or 120 reconstruction of the property for the purpose of providing 121 living quarters for one or more natural or adoptive grandparents 122 or parents of the owner of the property or of the owner' s spouse 123 if at least one of the grandparents or parents for whom the 124 living quarters are provided is 62 years of age or older. Such a 125 reduction may not exceed the lesser of the following: 126 (1) The increase in assessed value resulting from 127 construction or reconstruction of the property. 128 (2) Twenty percent of the total assessed value of the 129 property as improved. 130 (g) For all levies other than school district levies, 131 assessments of residential real property, as defined by general 132 law, which contains nine units or fewer and which is not subject 133 to the assessment limitations set forth in subsections (a) 134 through (d) shall change only as provided in this subsection. 135 (1) Assessments subject to this subsection shall be changed 136 annually on the date of assessment provided by law; but those 137 changes in assessments shall not exceed ten percent ( 10%) of the 138 assessment for the prior year . 139 (2) No assessment shall exceed just value. 140 (3) After a change of ownership or control, as defined by 141 general law, including any change of ownership of a legal entity 142 that owns the property, such property shall be assessed at just 143 value as of the next assessment date . Thereafter, such property 144 shall be assessed as provided in this subsection. 145 (4) Changes, additions, reductions, or improvements to such Page 5 of 8 CODING: Words ctrickcn are deletions; words underlined are additions . Florida Senate - 2020 SJR 146 24-00217-20 2020146_ 146 property shall be assessed as provided for by general law; 147 however, after the adjustment for any change, addition, 148 reduction, or improvement, the property shall be assessed as 149 provided in this subsection. 150 (h) For all levies other than school district levies, 151 assessments of real property that is not subject to the 152 assessment limitations set forth in subsections (a) through (d) 153 and (g) shall change only as provided in this subsection. 154 ( 1) Assessments subject to this subsection shall be changed 155 annually on the date of assessment provided by law; but those 156 changes in assessments shall not exceed ten percent ( 10%) of the 157 assessment for the prior year. 158 (2 ) No assessment shall exceed just value . 159 (3) The legislature must provide that such property shall 160 be assessed at just value as of the next assessment date after a 161 qualifying improvement, as defined by general law, is made to 162 such property. Thereafter, such property shall be assessed as 163 provided in this subsection. 164 (4 ) The legislature may provide that such property shall be 165 assessed at just value as of the next assessment date after a 166 change of ownership or control, as defined by general law, 167 including any change of ownership of the legal entity that owns 168 the property. Thereafter, such property shall be assessed as 169 provided in this subsection. 170 (5) Changes, additions, reductions, or improvements to such 171 property shall be assessed as provided for by general law; 172 however, after the adjustment for any change, addition, 173 reduction, or improvement, the property shall be assessed as 174 provided in this subsection. Page 6 of 8 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2020 SJR 146 24-00217-20 2020146 175 (i) The legislature, by general law and subject to 176 conditions specified therein, may prohibit the consideration of 177 the following in the determination of the assessed value of real 178 property: 179 (1) Any change or improvement to real property used for 180 residential purposes made to improve the property' s resistance 181 to wind damage . 182 (2) The installation of a solar or renewable energy source 183 device . 184 (j ) (1) The assessment of the following working waterfront 185 properties shall be based upon the current use of the property: 186 a. Land used predominantly for commercial fishing purposes . 187 b. Land that is accessible to the public and used for 188 vessel launches into waters that are navigable . 189 c. Marinas and drystacks that are open to the public. 190 d. Water-dependent marine manufacturing facilities, 191 commercial fishing facilities, and marine vessel construction 192 and repair facilities and their support activities . 193 (2) The assessment benefit provided by this subsection is 194 subject to conditions and limitations and reasonable definitions 195 as specified by the legislature by general law. 196 ARTICLE XII 197 SCHEDULE 198 Transfer of the accrued benefit from specified limitations 199 on homestead property tax assessments; increased portability 200 period.—This section and the amendment to Section 4 of Article 201 VII, which extends to three years the time period during which 202 the accrued benefit from specified limitations on homestead 203 property tax assessments may be transferred from a prior Page 7 of 8 CODING: Words ctrickcn are deletions; words underlined are additions . Florida Senate - 2020 SJR 146 24-00217-20 2020146 204 homestead to a new homestead, shall take effect January 1, 2021 . 205 BE IT FURTHER RESOLVED that the following statement be 206 placed on the ballot : 207 CONSTITUTIONAL AMENDMENT 208 ARTICLE VII, SECTION 4 209 ARTICLE XII 210 LIMITATIONS ON HOMESTEAD PROPERTY TAX ASSESSMENTS; 211 INCREASED PORTABILITY PERIOD TO TRANSFER ACCRUED BENEFIT .- 212 Proposing an amendment to the State Constitution to increase, 213 from 2 years to 3 years, the period of time during which accrued 214 Save-Our-Homes benefits may be transferred from a prior 215 homestead to a new homestead. This amendment takes effect 216 January 1, 2021 . Page 8 of 8 CODING: Words strickcn are deletions; words underlined are additions .