STORAGE NAME: h0163e.SAC DATE: 4/8/2025 1 FLORIDA HOUSE OF REPRESENTATIVES BILL ANALYSIS This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent. BILL #: HJR 163 TITLE: Ad Valorem Property Tax Exemption for the Surviving Spouse of Quadriplegics SPONSOR(S): Tant COMPANION BILL: SJR 748 (Simon) LINKED BILLS: HB 165 Tant RELATED BILLS: None Committee References Ways & Means 19 Y, 0 N Intergovernmental Affairs 16 Y, 0 N State Affairs 24 Y, 0 N SUMMARY Effect of the Bill: This joint resolution proposes an amendment to Art. VII, s. 6 of the Florida Constitution to allow the ad valorem tax exemption enjoyed by a quadriplegic to carry over to his or her surviving spouse if the quadriplegic person predeceases his or her spouse. Subject to approval by 60 percent of voters voting during the 2026 general election, the amendment proposed in the joint resolution will take effect on January 1, 2027. The joint resolution is not subject to the governor’s veto powers. Fiscal or Economic Impact: The Revenue Estimating Conference estimated that the joint resolution has no impact on state and local government revenues as the joint resolution is not self-executing. Extraordinary Vote Required for Passage: The joint resolution requires a three-fifths vote of the membership of both houses of the Legislature for final passage. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY ANALYSIS EFFECT OF THE BILL: This joint resolution amends Art. VII, s. 6 of the Florida Constitution, to authorize the Legislature to allow the property tax exemption for homestead property used and owned by a quadriplegic person to carry over to his or her surviving spouse if the quadriplegic person predeceases his or her spouse. A joint resolution proposing an amendment to the Florida Constitution must be passed by three-fifths of the membership of each house of the Legislature. Subject to approval by 60 percent of voters voting during the 2026 general election, the amendment proposed in the joint resolution will take effect on January 1, 2027. The joint resolution is not subject to the Governor’s veto powers. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 2 FISCAL OR ECONOMIC IMPACT: STATE GOVERNMENT: The Revenue Estimating Conference estimated that the joint resolution has no impact on state government revenues. 1 LOCAL GOVERNMENT: The Revenue Estimating Conference estimated that the joint resolution has no impact on local government revenues as the joint resolution is not self-executing. 2 RELEVANT INFORMATION SUBJECT OVERVIEW: Property Taxes in Florida 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. 3 The ad valorem tax is an annual tax levied by counties, municipalities, school districts, and some special districts based on the value of real and tangible personal property as of January 1 of each year. 4 The Florida Constitution requires that all property be assessed at just value for ad valorem tax purposes, 5 and it provides for specified assessment limitations, property classifications, and exemptions. 6 After the property appraiser considers any assessment limitation or use classification affecting the just value of a property, an assessed value is produced. The assessed value is then reduced by any exemptions to produce the taxable value. 7 Exemptions Article VII, s. 6 of the Florida Constitution provides that every person who owns real estate with legal and equitable title, and maintains his or her permanent residence or the permanent residence of his or her dependent upon such real estate, is eligible for a $25,000 homestead tax exemption applicable to all ad valorem tax levies including school district levies. An additional $25,000 homestead exemption applies to homesteads that have an assessed value greater than $50,000 and up to $75,000, excluding school district levies. The Florida Constitution also carves out specific ad valorem exemptions. For example, Art. VII, s. 3 of the Florida Constitution provides for specific exemptions from property taxes for widows and widowers, blind persons, and persons who are totally and permanently disabled. There are a handful of instances in the Florida Constitution where a property tax exemption granted by way of one spouse’s status or condition carries over to his or her surviving spouse upon death. Some examples include the exemption for surviving spouses of partially or permanently disabled veterans over the age of sixty-five 8 and the exemption for surviving spouses of a first responder who died in the line of duty. 9 1 http://edr.state.fl.us/Content/conferences/revenueimpact/archives/2024/_pdf/page6-8.pdf 2 Id. 3 Art. VII, s. 1(a), Fla. Const. 4 Section 192.001(12), F.S., defines “real property” as land, buildings, fixtures, and all other improvements to land. The terms “land,” “real estate,” “realty,” and “real property” may be used interchangeably. Section 192.001(11)(d), F.S., defines “tangible personal property” as all goods, chattels, and other articles of value (but does not include the vehicular items enumerated in Art. VII, s. 1(b), Fla. Const., and elsewhere defined) capable of manual possession and whose chief value is intrinsic to the article itself. 5 Art. VII, s. 4, Fla. Const. 6 Art. VII, ss. 3, 4, and 6, Fla. Const. 7 S. 196.031, F.S. 8 Art. VII, s. 6(e)(2), Fla. Const. 9 Art. VII, s. 6(f)(2), Fla. Const. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 3 Exemption for Quadriplegic Persons Under current law, homestead property used and owned by a quadriplegic person is exempt from property taxes. 10 To be eligible for the exemption, the quadriplegic person must provide proof of his or her disability to the property appraiser in the county where the homestead property is located. 11 Proof can be in the form of a certification from two doctors licensed in Florida or a certification from the United States Department of Veterans Affairs. 12 Currently, this property tax exemption does not carry over to the surviving spouse of the quadriplegic person when the quadriplegic person predeceases his or her spouse. BILL HISTORY COMMITTEE REFERENCE ACTION DATE STAFF DIRECTOR/ POLICY CHIEF ANALYSIS PREPARED BY Ways & Means Committee 19 Y, 0 N 3/13/2025 Aldridge Hallaian Intergovernmental Affairs Subcommittee 16 Y, 0 N 4/1/2025 Darden Jones State Affairs Committee 24 Y, 0 N 4/8/2025 Williamson Jones 10 S. 196.101(1), F.S. 11 S. 196.101(3), F.S. 12 S. 196.101(3), F.S.