Florida 2024 2024 Regular Session

Florida House Bill H7017 Analysis / Analysis

Filed 01/19/2024

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h7017.SAC 
DATE: 1/19/2024 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HJR 7017          PCB WMC 24-02    Annual Adjustment to Homestead Exemption Value 
SPONSOR(S): Ways & Means Committee, Buchanan 
TIED BILLS:  HB 7019 IDEN./SIM. BILLS:  
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
Orig. Comm.: Ways & Means Committee 16 Y, 8 N Rexford Aldridge 
1) State Affairs Committee  	Burgess Williamson 
SUMMARY ANALYSIS 
The Florida Constitution requires all property to be assessed at just value (fair market value) as of January 1 of 
each year for purposes of ad valorem taxation. Ad valorem assessments are used to calculate property taxes 
that fund counties, municipalities, district school boards and special districts. The taxable value against which 
local governments levy tax rates each year reflects the just value as reduced by any applicable exemptions 
allowed by the Florida Constitution. One such exemption is on the assessed value between $50,000 and 
$75,000, which is exempt from all ad valorem taxes other than school district taxes. 
  
This joint resolution proposes an amendment to the Florida Constitution requiring the $25,000 of assessed 
value, which is exempt from all ad valorem taxes other than school district taxes, be adjusted annually for 
inflation. It would also apply to any future homestead exemption applying only to ad valorem taxes, other than 
school district taxes, if approved by the voters, and would begin on January 1, 2025. 
 
The joint resolution, if passed by the legislature, would be considered by the electorate at the 2024 general 
election and, if approved by 60 percent of the electors voting on the measure, the joint resolution would take 
effect on January 1, 2025.  
 
The Revenue Estimating Conference met on January 19, 2024, to discuss the potential revenue impacts of the 
bill; however, those results are not yet available. Staff estimates that if voters approve the proposed 
constitutional amendment, the impact on non-school local government property taxes in Fiscal Year (FY) 2025-
26 (the first year of implementation) would be approximately -$23 million, growing to approximately -$173 
million in FY 2030-31, assuming current tax rates. 
 
A joint resolution proposing an amendment or revision to the Florida Constitution requires a three-
fifths vote of the membership of each house of the Legislature to appear on the next general election 
ballot. 
   STORAGE NAME: h7017.SAC 	PAGE: 2 
DATE: 1/19/2024 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Current Situation 
 
Ad Valorem Taxes  
 
The Florida Constitution reserves ad valorem taxation to local governments and prohibits the state from 
levying ad valorem taxes on real and tangible personal property.
1
 Ad valorem taxes are annual taxes 
levied by counties, municipalities, school districts, and certain special districts. These taxes are based 
on the just value (fair market value) of real and tangible property as determined by county property 
appraisers on January 1 of each year.
2
 The just value may be subject to limitations, such as the “Save 
Our Homes” limitation on homestead property assessment increases.
3
 The value arrived at after 
accounting for applicable limitations is known as the assessed value. Property appraisers then 
calculate the taxable value by reducing the assessed value in accordance with any applicable 
exemptions, such as the exemptions for homestead property.
4
 Each year, local governing boards levy 
millage rates (i.e., tax rates) on the taxable value to generate the property tax revenue contemplated in 
their annual budgets. 
 
Homestead Exemptions 
 
Certain homestead exemptions are specified in Article VII, Section 6 of the Florida Constitution, which 
provides that every person who holds legal or equitable title to real estate and uses said real estate as 
a permanent residence for themselves, or a legal or natural dependent, is entitled to exemption from 
taxes on the first $25,000 in assessed value.
5
 In 2008, Florida voters amended this provision to include 
an additional $25,000 exemption from all ad valorem taxes, other than school district taxes, on the 
assessed value greater than $50,000.
6
 Overall, the assessed value of $50,000 up to $75,000 is exempt 
from all taxes other than school district taxes. Currently, this assessed value amount is not adjusted 
annually for inflation. 
 
Effect of Proposed Changes 
 
This joint resolution proposes an amendment to Article VII, Section 6(a) of the Florida Constitution 
requiring the existing $25,000 assessed value amount, which is exempt from all ad valorem taxes other 
than school district taxes, be adjusted annually for inflation.
7
 This inflation adjustment provision would 
also apply to any future homestead exemption applying only to ad valorem taxes, other than school 
district taxes, if approved by the voters, and would begin on January 1, 2025.  
 
The joint resolution, if passed by the Legislature, would place the amendment on the ballot at the 2024 
general election, or an earlier special election held for the purpose of proposing the amendment to the 
voters,
8
 where 60 percent of the electors voting on the measure must approve it for passage.
9
 If 
approved, the amendment would take effect on January 1, 2025. 
                                                
1
 Art. VII, s. 1(a)., Fla. Const. 
2
 Art. VII, s. 4., Fla. Const.   
3
 See generally s. 193.155, F.S. 
4
 S. 196.031, F.S. 
5
 Art. VII s. 6., Fla. Const.   
6
 Id.  
7
 The annual inflation adjustment calculation uses the same Consumer Price Index metric as used for the Save Our Homes calculation 
in Art. VII, s. 4(a)(1)b., Fla. Const. 
8
 Pursuant to Art. XI, s. 5(a), Fla. Const., placing the joint resolution on a special election ballot requires the legislature to pass a 
general law by a three-fourths vote of the membership of each house of the legislature. 
9
 Art. XI, s. 5(e), Fla. Const.  STORAGE NAME: h7017.SAC 	PAGE: 3 
DATE: 1/19/2024 
  
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
Article XI, Section 5(d) of the Florida Constitution requires publication of a proposed amendment in 
a newspaper of general circulation in each county. The Division of Elections within the Department 
of State must advertise the full text of the amendment twice in a newspaper of general circulation in 
each county where the amendment will appear on the ballot. The Division must also provide each 
supervisor of elections with either booklets or posters displaying the full text of each proposed 
amendment.
10
  
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
The Revenue Estimating Conference met on January 19, 2024, to discuss the potential revenue 
impacts of the bill; however, those results are not yet available. Staff estimates that if voters 
approve the proposed constitutional amendment, the impact on non-school local government 
property taxes in Fiscal Year (FY) 2025-26 (the first year of implementation) would be 
approximately -$23 million, growing to approximately -$173 million in FY 2030-31, assuming current 
tax rates. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
If this joint resolution is approved, homestead property owners would realize lower property taxes over 
time. 
 
D. FISCAL COMMENTS: 
None. 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not applicable. The mandates provision applies only to general laws, not to a joint resolution 
proposing to amend the state Constitution.  
 
 2. Other: 
A joint resolution proposing a constitutional amendment or revision to the Florida Constitution 
requires a three-fifths vote of the membership of each house of the Legislature to appear on the next 
general election ballot.
11
 
 
                                                
10
 S. 101.171, F.S. 
11
 Art. XI, s. 1, Fla. Const.  STORAGE NAME: h7017.SAC 	PAGE: 4 
DATE: 1/19/2024 
  
B. RULE-MAKING AUTHORITY: 
None. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
IV.  AMENDMENTS/COMMITTEE SU BSTITUTE CHANGES 
 None.