Florida 2024 Regular Session

Florida House Bill H1103 Latest Draft

Bill / Introduced Version Filed 01/02/2024

                                
    
HJR 1103  	2024 
 
 
 
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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 allow newly 4 
established homestead property to be assessed at less 5 
than just value if the property was previously 6 
assessed as nonhomestead property and has not changed 7 
ownership, and to provide an effect date. 8 
 9 
Be It Resolved by the Legislature of the State of Flor ida: 10 
 11 
 That the following amendment to Section 4 of Article VII 12 
and the creation of a new section in Article XII of the State 13 
Constitution are agreed to and shall be submitted to the 14 
electors of this state for approval or rejection at the next 15 
general election or at an earlier special election specifically 16 
authorized by law for that purpose: 17 
ARTICLE VII 18 
FINANCE AND TAXATION 19 
 SECTION 4.  Taxation; assessments. —By general law 20 
regulations shall be prescribed which shall secure a just 21 
valuation of all propert y for ad valorem taxation, provided: 22 
 (a)  Agricultural land, land producing high water recharge 23 
to Florida's aquifers, or land used exclusively for 24 
noncommercial recreational purposes may be classified by general 25      
    
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law and assessed solely on the basis of ch aracter or use. 26 
 (b)  As provided by general law and subject to conditions, 27 
limitations, and reasonable definitions specified therein, land 28 
used for conservation purposes shall be classified by general 29 
law and assessed solely on the basis of character or u se. 30 
 (c)  Pursuant to general law tangible personal property 31 
held for sale as stock in trade and livestock may be valued for 32 
taxation at a specified percentage of its value, may be 33 
classified for tax purposes, or may be exempted from taxation. 34 
 (d)  All persons entitled to a homestead exemption under 35 
Section 6 of this Article shall have their homestead assessed at 36 
just value as of January 1 of the year following the effective 37 
date of this amendment. This assessment shall change only as 38 
provided in this subs ection. 39 
 (1)  Assessments subject to this subsection shall be 40 
changed annually on January 1st of each year; but those changes 41 
in assessments shall not exceed the lower of the following: 42 
 a.  Three percent (3%) of the assessment for the prior 43 
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      
    
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 (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) or paragraph 58 
(9) apply. That assessment shall only change as provided in this 59 
subsection. 60 
 (5)  Changes, additions, reductions, or improvements to 61 
homestead property shall be assessed as provided for by general 62 
law; provided, however, after the adjustment for any change, 63 
addition, reduction, or improvement, the property shall be 64 
assessed as provided in this subsection. 65 
 (6)  In the event of a termination of homestead status, the 66 
property shall be assessed as provided by general law. 67 
 (7)  The provisions of this amendment are severable. If any 68 
of the provisions of this amendment shall be held 69 
unconstitutional by any court of competent jurisdiction, the 70 
decision of such court shall not affect or impair any remaining 71 
provisions of this amendment. 72 
 (8)a.  A person who establis hes a new homestead as of 73 
January 1 and who has received a homestead exemption pursuant to 74 
Section 6 of this Article as of January 1 of any of the three 75      
    
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years immediately preceding the establishment of the new 76 
homestead is entitled to have the new homestea d assessed at less 77 
than just value. The assessed value of the newly established 78 
homestead shall be determined as follows: 79 
 1.  If the just value of the new homestead is greater than 80 
or equal to the just value of the prior homestead as of January 81 
1 of the year in which the prior homestead was abandoned, the 82 
assessed value of the new homestead shall be the just value of 83 
the new homestead minus an amount equal to the lesser of 84 
$500,000 or the difference between the just value and the 85 
assessed value of the prio r homestead as of January 1 of the 86 
year in which the prior homestead was abandoned. Thereafter, the 87 
homestead shall be assessed as provided in this subsection. 88 
 2.  If the just value of the new homestead is less than the 89 
just value of the prior homestead a s of January 1 of the year in 90 
which the prior homestead was abandoned, the assessed value of 91 
the new homestead shall be equal to the just value of the new 92 
homestead divided by the just value of the prior homestead and 93 
multiplied by the assessed value of th e prior homestead. 94 
However, if the difference between the just value of the new 95 
homestead and the assessed value of the new homestead calculated 96 
pursuant to this sub -subparagraph is greater than $500,000, the 97 
assessed value of the new homestead shall be in creased so that 98 
the difference between the just value and the assessed value 99 
equals $500,000. Thereafter, the homestead shall be assessed as 100      
    
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provided in this subsection. 101 
 b.  By general law and subject to conditions specified 102 
therein, the legislature shall provide for application of this 103 
paragraph to property owned by more than one person. 104 
 (9)a.  A person who establishes a new homestead as of 105 
January 1 is entitled to have their homestead assessed at less 106 
than just value if: 107 
 1.  The property being establis hed as a new homestead was 108 
assessed under subsection (g) or subsection (h) the prior 109 
January 1. 110 
 2.  The owner of the new homestead is the same person who 111 
owned the property when the property was assessed the prior 112 
January 1. 113 
 3.  There has been no change of ownership between the time 114 
the property was previously assessed and the time the new 115 
homestead is established. 116 
 b.  The increase in assessed value for a new homestead 117 
established under this paragraph shall not exceed ten percent 118 
(10%) of the assessment for the previous year. 119 
 (e)  The legislature may, by general law, for assessment 120 
purposes and subject to the provisions of this subsection, allow 121 
counties and municipalities to authorize by ordinance that 122 
historic property may be assessed solely on the bas is of 123 
character or use. Such character or use assessment shall apply 124 
only to the jurisdiction adopting the ordinance. The 125      
    
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requirements for eligible properties must be specified by 126 
general law. 127 
 (f)  A county may, in the manner prescribed by general law, 128 
provide for a reduction in the assessed value of homestead 129 
property to the extent of any increase in the assessed value of 130 
that property which results from the construction or 131 
reconstruction of the property for the purpose of providing 132 
living quarters for on e or more natural or adoptive grandparents 133 
or parents of the owner of the property or of the owner's spouse 134 
if at least one of the grandparents or parents for whom the 135 
living quarters are provided is 62 years of age or older. Such a 136 
reduction may not excee d the lesser of the following: 137 
 (1)  The increase in assessed value resulting from 138 
construction or reconstruction of the property. 139 
 (2)  Twenty percent of the total assessed value of the 140 
property as improved. 141 
 (g)  For all levies other than school district levies, 142 
assessments of residential real property, as defined by general 143 
law, which contains nine units or fewer and which is not subject 144 
to the assessment limitations set forth in subsections (a) 145 
through (d) shall change only as provided in this subsectio n. 146 
 (1)  Assessments subject to this subsection shall be 147 
changed annually on the date of assessment provided by law; but 148 
those changes in assessments shall not exceed ten percent (10%) 149 
of the assessment for the prior year. 150      
    
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 (2)  No assessment shall exceed just value. 151 
 (3)  After a change of ownership or control, as defined by 152 
general law, including any change of ownership of a legal entity 153 
that owns the property, such property shall be assessed at just 154 
value as of the next assessment date. Thereafter, such property 155 
shall be assessed as provided in this subsection. 156 
 (4)  Changes, additions, reductions, or improvements to 157 
such property shall be assessed as provided for by general law; 158 
however, after the adjustment for any change, addition, 159 
reduction, or improv ement, the property shall be assessed as 160 
provided in this subsection. 161 
 (h)  For all levies other than school district levies, 162 
assessments of real property that is not subject to the 163 
assessment limitations set forth in subsections (a) through (d) 164 
and (g) shall change only as provided in this subsection. 165 
 (1)  Assessments subject to this subsection shall be 166 
changed annually on the date of assessment provided by law; but 167 
those changes in assessments shall not exceed ten percent (10%) 168 
of the assessment for the prior year. 169 
 (2)  No assessment shall exceed just value. 170 
 (3)  The legislature must provide that such property shall 171 
be assessed at just value as of the next assessment date after a 172 
qualifying improvement, as defined by general law, is made to 173 
such property. Thereafter, such property shall be assessed as 174 
provided in this subsection. 175      
    
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 (4)  The legislature may provide that such property shall 176 
be assessed at just value as of the next assessment date after a 177 
change of ownership or control, as defined by general law, 178 
including any change of ownership of the legal entity that owns 179 
the property. Thereafter, such property shall be assessed as 180 
provided in this subsection. 181 
 (5)  Changes, additions, reductions, or improvements to 182 
such property shall be assessed as provided for by general law; 183 
however, after the adjustment for any change, addition, 184 
reduction, or improvement, the property shall be assessed as 185 
provided in this subsection. 186 
 (i)  The legislature, by general law and subj ect to 187 
conditions specified therein, may prohibit the consideration of 188 
the following in the determination of the assessed value of real 189 
property: 190 
 (1)  Any change or improvement to real property used for 191 
residential purposes made to improve the property's resistance 192 
to wind damage. 193 
 (2)  The installation of a solar or renewable energy source 194 
device. 195 
 (j)(1)  The assessment of the following working waterfront 196 
properties shall be based upon the current use of the property: 197 
 a.  Land used predominantly for com mercial fishing 198 
purposes. 199 
 b.  Land that is accessible to the public and used for 200      
    
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vessel launches into waters that are navigable. 201 
 c.  Marinas and drystacks that are open to the public. 202 
 d.  Water-dependent marine manufacturing facilities, 203 
commercial fishing facilities, and marine vessel construction 204 
and repair facilities and their support activities. 205 
 (2)  The assessment benefit provided by this subsection is 206 
subject to conditions and limitations and reasonable definitions 207 
as specified by the legislature b y general law. 208 
ARTICLE XII 209 
SCHEDULE 210 
 Assessed value of new homestead property that has not 211 
changed ownership.—This section and the amendment to section 6 212 
of Article VII authorizing assessments below just value for 213 
newly established homestead property tha t has not changed 214 
ownership and has previously been assessed as nonhomestead 215 
property shall take effect January 1, 2025. 216 
 217 
 BE IT FURTHER RESOLVED that the following statement be 218 
placed on the ballot: 219 
CONSTITUTIONAL AMEND MENT 220 
ARTICLE VII, SECTION 6 221 
ARTICLE XII 222 
 ASSESSED VALUE OF NE W HOMESTEAD PROPERTY THAT HAS NOT 223 
CHANGED OWNERSHIP.—Proposing an amendment to the State 224 
Constitution to authorize newly established homestead property 225      
    
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to be assessed at less than just value if the property was 226 
previously assessed as nonhomestead property and has not changed 227 
ownership. The increase in assessed value for the newly 228 
established homestead property may not exceed 10 percent of the 229 
assessed value for the previous year. The amendment shall take 230 
effect January 1, 2025. 231