Florida 2023 Regular Session

Florida House Bill H0469 Latest Draft

Bill / Introduced Version Filed 01/24/2023

                                
    
HJR 469  	2023 
 
 
 
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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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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 (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      
    
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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