HJR 469 2023 CODING: Words stricken are deletions; words underlined are additions. hjr0469-00 Page 1 of 9 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 House Joint Resolution 1 A joint resolution proposing an amendment to Section 4 2 of Article VII and the creation of a new section in 3 Article XII of the State Constitution to revise the 4 limitation on annual increases of homestead property 5 tax assessments and to provide an effective date. 6 7 Be It Resolved by the Legislature of the State of Florida: 8 9 That the following amendment to Section 4 of Article VII 10 and the creation of a new se ction in Article XII of the State 11 Constitution are agreed to and shall be submitted to the 12 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 rechar ge 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 HJR 469 2023 CODING: Words stricken are deletions; words underlined are additions. hjr0469-00 Page 2 of 9 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 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 29 held for sale as stock in trade a nd 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 homes tead 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) Assessments subject to this subsection shall be 38 changed annually on January 1st of each year; but those changes 39 in assessments shall not exceed the lower of the following: 40 a. Two Three percent (2%) (3%) of the assessment for the 41 prior year. 42 b. The percent change in the Consumer Price Index for all 43 urban consumers, U.S. City Averag e, all items 1967=100, or 44 successor reports for the preceding calendar year as initially 45 reported by the United States Department of Labor, Bureau of 46 Labor Statistics. 47 (2) No assessment shall exceed just value. 48 (3) After any change of ownership, as pro vided by general 49 law, homestead property shall be assessed at just value as of 50 HJR 469 2023 CODING: Words stricken are deletions; words underlined are additions. hjr0469-00 Page 3 of 9 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 January 1 of the following year, unless the provisions of 51 paragraph (8) apply. Thereafter, the homestead shall be assessed 52 as provided in this subsection. 53 (4) New homestead property shall be assessed at just value 54 as of January 1st of the year following the establishment of the 55 homestead, unless the provisions of paragraph (8) apply. That 56 assessment shall only change as provided in this subsection. 57 (5) Changes, additions, r eductions, or improvements to 58 homestead property shall be assessed as provided for by general 59 law; provided, however, after the adjustment for any change, 60 addition, reduction, or improvement, the property shall be 61 assessed as provided in this subsection. 62 (6) In the event of a termination of homestead status, the 63 property shall be assessed as provided by general law. 64 (7) The provisions of this amendment are severable. If any 65 of the provisions of this amendment shall be held 66 unconstitutional by any court of competent jurisdiction, the 67 decision of such court shall not affect or impair any remaining 68 provisions of this amendment. 69 (8)a. A person who establishes a new homestead as of 70 January 1 and who has received a homestead exemption pursuant to 71 Section 6 of this Article as of January 1 of any of the three 72 years immediately preceding the establishment of the new 73 homestead is entitled to have the new homestead assessed at less 74 than just value. The assessed value of the newly established 75 HJR 469 2023 CODING: Words stricken are deletions; words underlined are additions. hjr0469-00 Page 4 of 9 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 homestead shall be det ermined as follows: 76 1. If the just value of the new homestead is greater than 77 or equal to the just value of the prior homestead as of January 78 1 of the year in which the prior homestead was abandoned, the 79 assessed value of the new homestead shall be the j ust value of 80 the new homestead minus an amount equal to the lesser of 81 $500,000 or the difference between the just value and the 82 assessed value of the prior homestead as of January 1 of the 83 year in which the prior homestead was abandoned. Thereafter, the 84 homestead shall be assessed as provided in this subsection. 85 2. If the just value of the new homestead is less than the 86 just value of the prior homestead as of January 1 of the year in 87 which the prior homestead was abandoned, the assessed value of 88 the new homestead shall be equal to the just value of the new 89 homestead divided by the just value of the prior homestead and 90 multiplied by the assessed value of the prior homestead. 91 However, if the difference between the just value of the new 92 homestead and the asse ssed value of the new homestead calculated 93 pursuant to this sub -subparagraph is greater than $500,000, the 94 assessed value of the new homestead shall be increased so that 95 the difference between the just value and the assessed value 96 equals $500,000. Thereaft er, the homestead shall be assessed as 97 provided in this subsection. 98 b. By general law and subject to conditions specified 99 therein, the legislature shall provide for application of this 100 HJR 469 2023 CODING: Words stricken are deletions; words underlined are additions. hjr0469-00 Page 5 of 9 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 paragraph to property owned by more than one person. 101 (e) The legislature may, by general law, for assessment 102 purposes and subject to the provisions of this subsection, allow 103 counties and municipalities to authorize by ordinance that 104 historic property may be assessed solely on the basis of 105 character or use. Such character or use assessment shall apply 106 only to the jurisdiction adopting the ordinance. The 107 requirements for eligible properties must be specified by 108 general law. 109 (f) A county may, in the manner prescribed by general law, 110 provide for a reduction in the assessed v alue of homestead 111 property to the extent of any increase in the assessed value of 112 that property which results from the construction or 113 reconstruction of the property for the purpose of providing 114 living quarters for one or more natural or adoptive grandpare nts 115 or parents of the owner of the property or of the owner's spouse 116 if at least one of the grandparents or parents for whom the 117 living quarters are provided is 62 years of age or older. Such a 118 reduction may not exceed the lesser of the following: 119 (1) The increase in assessed value resulting from 120 construction or reconstruction of the property. 121 (2) Twenty percent of the total assessed value of the 122 property as improved. 123 (g) For all levies other than school district levies, 124 assessments of residential rea l property, as defined by general 125 HJR 469 2023 CODING: Words stricken are deletions; words underlined are additions. hjr0469-00 Page 6 of 9 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 law, which contains nine units or fewer and which is not subject 126 to the assessment limitations set forth in subsections (a) 127 through (d) shall change only as provided in this subsection. 128 (1) Assessments subject to this su bsection shall be 129 changed annually on the date of assessment provided by law; but 130 those changes in assessments shall not exceed ten percent (10%) 131 of the assessment for the prior year. 132 (2) No assessment shall exceed just value. 133 (3) After a change of own ership or control, as defined by 134 general law, including any change of ownership of a legal entity 135 that owns the property, such property shall be assessed at just 136 value as of the next assessment date. Thereafter, such property 137 shall be assessed as provided in this subsection. 138 (4) Changes, additions, reductions, or improvements to 139 such property shall be assessed as provided for by general law; 140 however, after the adjustment for any change, addition, 141 reduction, or improvement, the property shall be assessed a s 142 provided in this subsection. 143 (h) For all levies other than school district levies, 144 assessments of real property that is not subject to the 145 assessment limitations set forth in subsections (a) through (d) 146 and (g) shall change only as provided in this sub section. 147 (1) Assessments subject to this subsection shall be 148 changed annually on the date of assessment provided by law; but 149 those changes in assessments shall not exceed ten percent (10%) 150 HJR 469 2023 CODING: Words stricken are deletions; words underlined are additions. hjr0469-00 Page 7 of 9 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 of the assessment for the prior year. 151 (2) No assessment shall e xceed just value. 152 (3) The legislature must provide that such property shall 153 be assessed at just value as of the next assessment date after a 154 qualifying improvement, as defined by general law, is made to 155 such property. Thereafter, such property shall be a ssessed as 156 provided in this subsection. 157 (4) The legislature may provide that such property shall 158 be assessed at just value as of the next assessment date after a 159 change of ownership or control, as defined by general law, 160 including any change of ownership of the legal entity that owns 161 the property. Thereafter, such property shall be assessed as 162 provided in this subsection. 163 (5) Changes, additions, reductions, or improvements to 164 such property shall be assessed as provided for by general law; 165 however, after the adjustment for any change, addition, 166 reduction, or improvement, the property shall be assessed as 167 provided in this subsection. 168 (i) The legislature, by general law and subject to 169 conditions specified therein, may prohibit the consideration of 170 the following in the determination of the assessed value of real 171 property: 172 (1) Any change or improvement to real property used for 173 residential purposes made to improve the property's resistance 174 to wind damage. 175 HJR 469 2023 CODING: Words stricken are deletions; words underlined are additions. hjr0469-00 Page 8 of 9 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 (2) The installation of a solar or renewable ener gy source 176 device. 177 (j)(1) The assessment of the following working waterfront 178 properties shall be based upon the current use of the property: 179 a. Land used predominantly for commercial fishing 180 purposes. 181 b. Land that is accessible to the public and used for 182 vessel launches into waters that are navigable. 183 c. Marinas and drystacks that are open to the public. 184 d. Water-dependent marine manufacturing facilities, 185 commercial fishing facilities, and marine vessel construction 186 and repair facilities and their support activities. 187 (2) The assessment benefit provided by this subsection is 188 subject to conditions and limitations and reasonable definitions 189 as specified by the legislature by general law. 190 ARTICLE XII 191 SCHEDULE 192 Revised limitation on increases of home stead property tax 193 assessments.—The amendment to Section 4 of Article VII revising, 194 from 3 percent to 2 percent, the limitation on an annual 195 increase of a homestead property tax assessment when such 196 percentage is lower than the percent change in the Consum er 197 Price Index for all urban consumers for the preceding calendar 198 year shall take effect January 1, 2025. 199 BE IT FURTHER RESOLVED that the following statement be 200 HJR 469 2023 CODING: Words stricken are deletions; words underlined are additions. hjr0469-00 Page 9 of 9 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 placed on the ballot: 201 CONSTITUTIONAL AMENDMENT 202 ARTICLE VII, SECTION 4 203 ARTICLE XII 204 REVISED LIMITATION ON INCREASES OF HOMESTEAD PROPERTY TAX 205 ASSESSMENTS.—Proposing an amendment to the State Constitution to 206 revise, from 3 percent to 2 percent, the limitation on an annual 207 increase of a homestead property tax assessment when such 208 percentage is lower t han the percent change in the Consumer 209 Price Index for all urban consumers for the preceding calendar 210 year. If approved, this amendment shall take effect January 1, 211 2025. 212