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.