Florida 2022 Regular Session

Florida House Bill H0973 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1212 House Joint Resolution 1
1313 A joint resolution proposing amendments to sections 4 2
1414 and 6 of Article VII and the creation of a new section 3
1515 in Article XII of the State Constitution to authorize 4
1616 the Legislature, by general law, to prohibit increases 5
1717 in the assessed value of homestead property owned by a 6
1818 low-income senior; to authorize the Legislature, by 7
1919 general law, to allow counties or municipalities to 8
2020 grant an exemption equal to the assessed value of 9
2121 homestead property owned by a low -income, long-term 10
2222 resident senior; and to provide for a homestead 11
2323 exemption equal to the assessed value of the property 12
2424 if the just value of the property is less than a 13
2525 certain amount and legal or equitab le title to the 14
2626 property is held by a low -income, long-term resident 15
2727 senior, and to provide for annual adjustment of the 16
2828 just value threshold. 17
2929 18
3030 Be It Resolved by the Legislature of the State of Florida: 19
3131 20
3232 That the following amendments to Sections 4 a nd 6 of 21
3333 Article VII and the creation of a new section in Article XII of 22
3434 the State Constitution are agreed to and shall be submitted to 23
3535 the electors of this state for approval or rejection at the next 24
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4444 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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4646 general election or at an earlier special election speci fically 25
4747 authorized by law for that purpose: 26
4848 ARTICLE VII 27
4949 FINANCE AND TAXATION 28
5050 SECTION 4. Taxation; assessments. —By general law 29
5151 regulations shall be prescribed which shall secure a just 30
5252 valuation of all property for ad valorem taxation, provided: 31
5353 (a) Agricultural land, land producing high water recharge 32
5454 to Florida's aquifers, or land used exclusively for 33
5555 noncommercial recreational purposes may be classified by general 34
5656 law and assessed solely on the basis of character or use. 35
5757 (b) As provided by general l aw and subject to conditions, 36
5858 limitations, and reasonable definitions specified therein, land 37
5959 used for conservation purposes shall be classified by general 38
6060 law and assessed solely on the basis of character or use. 39
6161 (c) Pursuant to general law tangible per sonal property 40
6262 held for sale as stock in trade and livestock may be valued for 41
6363 taxation at a specified percentage of its value, may be 42
6464 classified for tax purposes, or may be exempted from taxation. 43
6565 (d) All persons entitled to a homestead exemption under 44
6666 Section 6 of this article shall have their homestead assessed at 45
6767 just value as of January 1 of the year following the effective 46
6868 date of this amendment. This assessment shall change only as 47
6969 provided in this subsection. 48
7070 (1) Assessments subject to this subs ection shall be 49
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7979 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8181 changed annually on January 1st of each year; but those changes 50
8282 in assessments shall not exceed the lower of the following: 51
8383 a. Three percent (3%) of the assessment for the prior 52
8484 year. 53
8585 b. The percent change in the Consumer Price Index fo r all 54
8686 urban consumers, U.S. City Average, all items 1967=100, or 55
8787 successor reports for the preceding calendar year as initially 56
8888 reported by the United States Department of Labor, Bureau of 57
8989 Labor Statistics. 58
9090 (2) No assessment shall exceed just value. 59
9191 (3) After any change of ownership, as provided by general 60
9292 law, homestead property shall be assessed at just value as of 61
9393 January 1 of the following year, unless the provisions of 62
9494 paragraph (8) apply. Thereafter, the homestead shall be assessed 63
9595 as provided in this subsection. 64
9696 (4) New homestead property shall be assessed at just value 65
9797 as of January 1st of the year following the establishment of the 66
9898 homestead, unless the provisions of paragraph (8) apply. That 67
9999 assessment shall only change as provided in this su bsection. 68
100100 (5) Changes, additions, reductions, or improvements to 69
101101 homestead property shall be assessed as provided for by general 70
102102 law; provided, however, after the adjustment for any change, 71
103103 addition, reduction, or improvement, the property shall be 72
104104 assessed as provided in this subsection. 73
105105 (6) In the event of a termination of homestead status, the 74
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114114 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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116116 property shall be assessed as provided by general law. 75
117117 (7) The provisions of this amendment are severable. If any 76
118118 of the provisions of this amendment shall b e held 77
119119 unconstitutional by any court of competent jurisdiction, the 78
120120 decision of such court shall not affect or impair any remaining 79
121121 provisions of this amendment. 80
122122 (8)a. A person who establishes a new homestead as of 81
123123 January 1 and who has received a homest ead exemption pursuant to 82
124124 Section 6 of this Article as of January 1 of any of the three 83
125125 years immediately preceding the establishment of the new 84
126126 homestead is entitled to have the new homestead assessed at less 85
127127 than just value. The assessed value of the new ly established 86
128128 homestead shall be determined as follows: 87
129129 1. If the just value of the new homestead is greater than 88
130130 or equal to the just value of the prior homestead as of January 89
131131 1 of the year in which the prior homestead was abandoned, the 90
132132 assessed value of the new homestead shall be the just value of 91
133133 the new homestead minus an amount equal to the lesser of 92
134134 $500,000 or the difference between the just value and the 93
135135 assessed value of the prior homestead as of January 1 of the 94
136136 year in which the prior homest ead was abandoned. Thereafter, the 95
137137 homestead shall be assessed as provided in this subsection. 96
138138 2. If the just value of the new homestead is less than the 97
139139 just value of the prior homestead as of January 1 of the year in 98
140140 which the prior homestead was aband oned, the assessed value of 99
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149149 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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151151 the new homestead shall be equal to the just value of the new 100
152152 homestead divided by the just value of the prior homestead and 101
153153 multiplied by the assessed value of the prior homestead. 102
154154 However, if the difference between the just va lue of the new 103
155155 homestead and the assessed value of the new homestead calculated 104
156156 pursuant to this sub -subparagraph is greater than $500,000, the 105
157157 assessed value of the new homestead shall be increased so that 106
158158 the difference between the just value and the ass essed value 107
159159 equals $500,000. Thereafter, the homestead shall be assessed as 108
160160 provided in this subsection. 109
161161 b. By general law and subject to conditions specified 110
162162 therein, the legislature shall provide for application of this 111
163163 paragraph to property owned by m ore than one person. 112
164164 (e) The legislature may, by general law, for assessment 113
165165 purposes and subject to the provisions of this subsection, allow 114
166166 counties and municipalities to authorize by ordinance that 115
167167 historic property may be assessed solely on the basis of 116
168168 character or use. Such character or use assessment shall apply 117
169169 only to the jurisdiction adopting the ordinance. The 118
170170 requirements for eligible properties must be specified by 119
171171 general law. 120
172172 (f) A county may, in the manner prescribed by general law, 121
173173 provide for a reduction in the assessed value of homestead 122
174174 property to the extent of any increase in the assessed value of 123
175175 that property which results from the construction or 124
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184184 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
185185
186186 reconstruction of the property for the purpose of providing 125
187187 living quarters for one or more natural or adoptive grandparents 126
188188 or parents of the owner of the property or of the owner's spouse 127
189189 if at least one of the grandparents or parents for whom the 128
190190 living quarters are provided is 62 years of age or older. Such a 129
191191 reduction may not exceed the lesser of the following: 130
192192 (1) The increase in assessed value resulting from 131
193193 construction or reconstruction of the property. 132
194194 (2) Twenty percent of the total assessed value of the 133
195195 property as improved. 134
196196 (g) For all levies other than school district l evies, 135
197197 assessments of residential real property, as defined by general 136
198198 law, which contains nine units or fewer and which is not subject 137
199199 to the assessment limitations set forth in subsections (a) 138
200200 through (d) shall change only as provided in this subsection. 139
201201 (1) Assessments subject to this subsection shall be 140
202202 changed annually on the date of assessment provided by law; but 141
203203 those changes in assessments shall not exceed ten percent (10%) 142
204204 of the assessment for the prior year. 143
205205 (2) No assessment shall exceed ju st value. 144
206206 (3) After a change of ownership or control, as defined by 145
207207 general law, including any change of ownership of a legal entity 146
208208 that owns the property, such property shall be assessed at just 147
209209 value as of the next assessment date. Thereafter, such pr operty 148
210210 shall be assessed as provided in this subsection. 149
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219219 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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221221 (4) Changes, additions, reductions, or improvements to 150
222222 such property shall be assessed as provided for by general law; 151
223223 however, after the adjustment for any change, addition, 152
224224 reduction, or improvem ent, the property shall be assessed as 153
225225 provided in this subsection. 154
226226 (h) For all levies other than school district levies, 155
227227 assessments of real property that is not subject to the 156
228228 assessment limitations set forth in subsections (a) through (d) 157
229229 and (g) shall change only as provided in this subsection. 158
230230 (1) Assessments subject to this subsection shall be 159
231231 changed annually on the date of assessment provided by law; but 160
232232 those changes in assessments shall not exceed ten percent (10%) 161
233233 of the assessment for the pr ior year. 162
234234 (2) No assessment shall exceed just value. 163
235235 (3) The legislature must provide that such property shall 164
236236 be assessed at just value as of the next assessment date after a 165
237237 qualifying improvement, as defined by general law, is made to 166
238238 such property. Thereafter, such property shall be assessed as 167
239239 provided in this subsection. 168
240240 (4) The legislature may provide that such property shall 169
241241 be assessed at just value as of the next assessment date after a 170
242242 change of ownership or control, as defined by general l aw, 171
243243 including any change of ownership of the legal entity that owns 172
244244 the property. Thereafter, such property shall be assessed as 173
245245 provided in this subsection. 174
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254254 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
255255
256256 (5) Changes, additions, reductions, or improvements to 175
257257 such property shall be assessed as provid ed for by general law; 176
258258 however, after the adjustment for any change, addition, 177
259259 reduction, or improvement, the property shall be assessed as 178
260260 provided in this subsection. 179
261261 (i) The legislature, by general law and subject to 180
262262 conditions specified therein, may prohibit the consideration of 181
263263 the following in the determination of the assessed value of real 182
264264 property: 183
265265 (1) Any change or improvement to real property used for 184
266266 residential purposes made to improve the property's resistance 185
267267 to wind damage. 186
268268 (2) The installation of a solar or renewable energy source 187
269269 device. 188
270270 (j)(1) The assessment of the following working waterfront 189
271271 properties shall be based upon the current use of the property: 190
272272 a. Land used predominantly for commercial fishing 191
273273 purposes. 192
274274 b. Land that is accessible to the public and used for 193
275275 vessel launches into waters that are navigable. 194
276276 c. Marinas and drystacks that are open to the public. 195
277277 d. Water-dependent marine manufacturing facilities, 196
278278 commercial fishing facilities, and marine vessel construc tion 197
279279 and repair facilities and their support activities. 198
280280 (2) The assessment benefit provided by this subsection is 199
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289289 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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291291 subject to conditions and limitations and reasonable definitions 200
292292 as specified by the legislature by general law. 201
293293 (k) The legislature may, by general law and subject to 202
294294 conditions specified therein, prohibit increases in the assessed 203
295295 value of property qualifying for a homestead exemption under 204
296296 section 6 of this Article if the legal or equitable title to the 205
297297 property is held by a person who h as attained age sixty -five and 206
298298 whose household income, as defined by general law, does not 207
299299 exceed the income limitation specified in subsection (d) of 208
300300 section 6 of this Article. 209
301301 SECTION 6. Homestead exemptions. — 210
302302 (a) Every person who has the legal or equitable title to 211
303303 real estate and maintains thereon the permanent residence of the 212
304304 owner, or another legally or naturally dependent upon the owner, 213
305305 shall be exempt from taxation thereon, except assessments for 214
306306 special benefits, up to the assessed valuatio n of twenty-five 215
307307 thousand dollars and, for all levies other than school district 216
308308 levies, on the assessed valuation greater than fifty thousand 217
309309 dollars and up to seventy -five thousand dollars, upon 218
310310 establishment of right thereto in the manner prescribed by law. 219
311311 The real estate may be held by legal or equitable title, by the 220
312312 entireties, jointly, in common, as a condominium, or indirectly 221
313313 by stock ownership or membership representing the owner's or 222
314314 member's proprietary interest in a corporation owning a fee or a 223
315315 leasehold initially in excess of ninety -eight years. The 224
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324324 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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326326 exemption shall not apply with respect to any assessment roll 225
327327 until such roll is first determined to be in compliance with the 226
328328 provisions of section 4 by a state agency designated by general 227
329329 law. This exemption is repealed on the effective date of any 228
330330 amendment to this Article which provides for the assessment of 229
331331 homestead property at less than just value. 230
332332 (b) Not more than one exemption shall be allowed any 231
333333 individual or family unit or with resp ect to any residential 232
334334 unit. No exemption shall exceed the value of the real estate 233
335335 assessable to the owner or, in case of ownership through stock 234
336336 or membership in a corporation, the value of the proportion 235
337337 which the interest in the corporation bears to th e assessed 236
338338 value of the property. 237
339339 (c) By general law and subject to conditions specified 238
340340 therein, the Legislature may provide to renters, who are 239
341341 permanent residents, ad valorem tax relief on all ad valorem tax 240
342342 levies. Such ad valorem tax relief shall be in the form and 241
343343 amount established by general law. 242
344344 (d) The legislature may, by general law, allow counties or 243
345345 municipalities, for the purpose of their respective tax levies 244
346346 and subject to the provisions of general law, to grant either or 245
347347 both of the following additional homestead tax exemptions to a 246
348348 person who holds the legal or equitable title to real estate and 247
349349 maintains thereon the permanent residence of the owner, who has 248
350350 attained age sixty-five, and whose household income, as defined 249
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359359 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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361361 by general law, does not exceed twenty thousand dollars : 250
362362 (1) An exemption not exceeding fifty thousand dollars of 251
363363 the assessed value of the property to a person who has the legal 252
364364 or equitable title to real estate and maintains thereon the 253
365365 permanent residence of the own er, who has attained age sixty -254
366366 five, and whose household income, as defined by general law, 255
367367 does not exceed twenty thousand dollars ; or 256
368368 (2) An exemption equal to the assessed value of the 257
369369 property to a person who has the legal or equitable title to 258
370370 real estate with a just value less than two hundred and fifty 259
371371 thousand dollars, as determined in the first tax year that the 260
372372 owner applies and is eligible for the exemption, and who has 261
373373 maintained thereon the permanent residence of the owner for not 262
374374 less than twenty-five years, who has attained age sixty -five, 263
375375 and whose household income does not exceed the income limitation 264
376376 prescribed in paragraph (1) . 265
377377 266
378378 The general law must allow counties and municipalities to grant 267
379379 either of these additional exemptions, within the limits 268
380380 prescribed in this subsection, by ordinance adopted in the 269
381381 manner prescribed by general law, and must provide for the 270
382382 periodic adjustment of the income limitation prescribed in this 271
383383 subsection for changes in the cost of living. 272
384384 (e)(1) Each veteran who is age 65 or older who is 273
385385 partially or totally permanently disabled shall receive a 274
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394394 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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396396 discount from the amount of the ad valorem tax otherwise owed on 275
397397 homestead property the veteran owns and resides in if the 276
398398 disability was combat related and the ve teran was honorably 277
399399 discharged upon separation from military service. The discount 278
400400 shall be in a percentage equal to the percentage of the 279
401401 veteran's permanent, service -connected disability as determined 280
402402 by the United States Department of Veterans Affairs. To qualify 281
403403 for the discount granted by this paragraph, an applicant must 282
404404 submit to the county property appraiser, by March 1, an official 283
405405 letter from the United States Department of Veterans Affairs 284
406406 stating the percentage of the veteran's service -connected 285
407407 disability and such evidence that reasonably identifies the 286
408408 disability as combat related and a copy of the veteran's 287
409409 honorable discharge. If the property appraiser denies the 288
410410 request for a discount, the appraiser must notify the applicant 289
411411 in writing of the reasons for the denial, and the veteran may 290
412412 reapply. The Legislature may, by general law, waive the annual 291
413413 application requirement in subsequent years. 292
414414 (2) If a veteran who receives the discount described in 293
415415 paragraph (1) predeceases his or her spouse, and if, upon the 294
416416 death of the veteran, the surviving spouse holds the legal or 295
417417 beneficial title to the homestead property and permanently 296
418418 resides thereon, the discount carries over to the surviving 297
419419 spouse until he or she remarries or sells or otherwise di sposes 298
420420 of the homestead property. If the surviving spouse sells or 299
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429429 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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431431 otherwise disposes of the property, a discount not to exceed the 300
432432 dollar amount granted from the most recent ad valorem tax roll 301
433433 may be transferred to the surviving spouse's new homestead 302
434434 property, if used as his or her permanent residence and he or 303
435435 she has not remarried. 304
436436 (3) This subsection is self -executing and does not require 305
437437 implementing legislation. 306
438438 (f) By general law and subject to conditions and 307
439439 limitations specified therein, the Legislature may provide ad 308
440440 valorem tax relief equal to the total amount or a portion of the 309
441441 ad valorem tax otherwise owed on homestead property to: 310
442442 (1) The surviving spouse of a veteran who died from 311
443443 service-connected causes while on active duty as a mem ber of the 312
444444 United States Armed Forces. 313
445445 (2) The surviving spouse of a first responder who died in 314
446446 the line of duty. 315
447447 (3) A first responder who is totally and permanently 316
448448 disabled as a result of an injury or injuries sustained in the 317
449449 line of duty. Causal connection between a disability and service 318
450450 in the line of duty shall not be presumed but must be determined 319
451451 as provided by general law. For purposes of this paragraph, the 320
452452 term "disability" does not include a chronic condition or 321
453453 chronic disease, unless t he injury sustained in the line of duty 322
454454 was the sole cause of the chronic condition or chronic disease. 323
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464464 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
465465
466466 As used in this subsection and as further defined by general 325
467467 law, the term "first responder" means a law enforcement officer, 326
468468 a correctional officer, a firefighter, an emergency medical 327
469469 technician, or a paramedic, and the term "in the line of duty" 328
470470 means arising out of and in the actual performance of duty 329
471471 required by employment as a first responder. 330
472472 (g) For all levies other than school district levies , each 331
473473 person who holds the legal or equitable title to property with a 332
474474 just value less than three hundred thousand dollars, as 333
475475 determined in the first year that the owner applies and is 334
476476 eligible for the exemption pursuant to this subsection, who has 335
477477 maintained thereon the permanent residence of the owner for not 336
478478 less than twenty years, who has attained age sixty -five, and 337
479479 whose household income does not exceed the income limitation 338
480480 prescribed in subsection (d) of this section is entitled to an 339
481481 exemption equal to the assessed value of the property. The just 340
482482 value limitation shall be adjusted annually to reflect the rate 341
483483 of inflation, as determined by general law, and shall take 342
484484 effect for new applicants on January 1 of each year. A person 343
485485 who received an exemption pursuant to paragraph (d)(2) of this 344
486486 section in 2022 qualifies for the exemption in this subsection 345
487487 regardless of the just value of the exempted property. 346
488488 347
489489 ARTICLE XII 348
490490 SCHEDULE 349
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499499 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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501501 Ad valorem assessment limitation and additional ad valorem 350
502502 exemption for certain persons who have attained age sixty -five.—351
503503 This section and the amendments to Sections 4 and 6 of Article 352
504504 VII providing an assessment limitation for homestead property 353
505505 owned by a person who has attained age sixty -five and who meets 354
506506 certain income requirements; revising the eligibility criteria 355
507507 for an exemption equal to the assessed value of the property 356
508508 that may be granted by counties or municipalities if authorized 357
509509 by the legislature; and providing for a homestead exemption for 358
510510 a person who has attained age sixty-five and who meets certain 359
511511 residency and income requirements if the just value of the 360
512512 property is less than $300,000 shall take effect January 1, 361
513513 2023. 362
514514 BE IT FURTHER RESOLVED that the following statement be 363
515515 placed on the ballot: 364
516516 CONSTITUTIONAL AMENDMENTS 365
517517 ARTICLE VII, SECTION S 4 AND 6 366
518518 ARTICLE XII 367
519519 HOMESTEAD PROPERTY T AX ASSESSMENT LIMITA TIONS AND TAX 368
520520 EXEMPTIONS FOR CERTA IN LOW-INCOME ELDERLY PERSONS.— For 369
521521 homestead property owned by low -income persons age 65 or older: 370
522522 limits increases in the assessed value of homestead property; 371
523523 authorizes the legislature to allow counties and municipalities 372
524524 to provide exemptions for such property; and, for non -school 373
525525 taxes only, exempts such homestead property valued less than 374
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534534 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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536536 $300,000, adjusted annually for inflation, if such low -income 375
537537 persons have maintained their permanent residence for 20 years 376
538538 or more. This amendment takes effect January 1, 2023. 377
539539 378
540540 BE IT FURTHER RESOLVED that the following statement be 379
541541 placed on the ballot if a court declares the pre ceding statement 380
542542 defective and the decision of the court is not reversed: 381
543543 CONSTITUTIONAL AMENDMENTS 382
544544 ARTICLE VII, SECTIONS 4 AND 6 383
545545 ARTICLE XII 384
546546 HOMESTEAD PROPERTY TAX ASSESSMENT LIMITATION AND TAX 385
547547 EXEMPTIONS FOR CERTAIN LOW -INCOME ELDERLY PERSONS. —This 386
548548 amendment creates a limitation on property tax assessment 387
549549 increases on homestead property owned by persons age 65 or older 388
550550 who have low household income as defined by general law; revises 389
551551 the current provisions that allow the Legislature to authorize 390
552552 counties and municipalities to grant additional homestead 391
553553 exemptions for low-income persons age 65 or older by removing 392
554554 the current $250,000 property just value limitation and removing 393
555555 the current requirement that the owner must have used the 394
556556 property as their perm anent residence for 25 years or more; and 395
557557 creates a new homestead exemption that only applies to nonschool 396
558558 property taxes for low -income persons, as defined by general 397
559559 law, who are age 65 or older whose homestead property value is 398
560560 less than $300,000 and wh o have used the property as their 399
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569569 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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571571 permanent residence for 20 years or more. The $300,000 value 400
572572 limitation shall be adjusted annually to reflect the rate of 401
573573 inflation, as determined by general law. This amendment takes 402
574574 effect January 1, 2023. 403