Florida 2025 Regular Session

Florida House Bill H1025 Latest Draft

Bill / Introduced Version Filed 02/25/2025

                               
 
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House Joint Resolution 1 
A joint resolution proposing an amendment to Section 4 2 
of Article VII of the State Constitution and the 3 
creation of a new section in Article XII of the State 4 
Constitution to authorize the Legislature to prohibit 5 
the assessed value of the homestead property of 6 
certain low-income seniors from exceeding a certain 7 
amount and to provide an effective 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, t he 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) apply. That 58 
assessment shall only change as provided in this subsection. 59 
 (5)  Changes, additions, reductions, or improvements to 60 
homestead property shall be assessed as provided for by general 61 
law; provided, however, after the adjustment for any change, 62 
addition, reduction, or improvement, the property shall be 63 
assessed as provided in this subsection. 64 
 (6)  In the event of a termination of homestead status, the 65 
property shall be assessed as provided by general law. 66 
 (7)  The provisions of this amendment are severable. If any 67 
of the provisions of this amendment shall be held 68 
unconstitutional by any court of competent jurisdiction, the 69 
decision of such court shall not affect or impair any remaining 70 
provisions of this amendment. 71 
 (8)a.  A person who establishes a new home stead as of 72 
January 1 and who has received a homestead exemption pursuant to 73 
Section 6 of this Article as of January 1 of any of the three 74 
years immediately preceding the establishment of the new 75     
 
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homestead is entitled to have the new homestead assessed at less 76 
than just value. The assessed value of the newly established 77 
homestead shall be determined as follows: 78 
 1.  If the just value of the new homestead is greater than 79 
or equal to the just value of the prior homestead as of January 80 
1 of the year in which t he prior homestead was abandoned, the 81 
assessed value of the new homestead shall be the just value of 82 
the new homestead minus an amount equal to the lesser of 83 
$500,000 or the difference between the just value and the 84 
assessed value of the prior homestead as of January 1 of the 85 
year in which the prior homestead was abandoned. Thereafter, the 86 
homestead shall be assessed as provided in this subsection. 87 
 2.  If the just value of the new homestead is less than the 88 
just value of the prior homestead as of January 1 of the year in 89 
which the prior homestead was abandoned, the assessed value of 90 
the new homestead shall be equal to the just value of the new 91 
homestead divided by the just value of the prior homestead and 92 
multiplied by the assessed value of the prior homest ead. 93 
However, if the difference between the just value of the new 94 
homestead and the assessed value of the new homestead calculated 95 
pursuant to this sub -subparagraph is greater than $500,000, the 96 
assessed value of the new homestead shall be increased so tha t 97 
the difference between the just value and the assessed value 98 
equals $500,000. Thereafter, the homestead shall be assessed as 99 
provided in this subsection. 100     
 
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 b.  By general law and subject to conditions specified 101 
therein, the legislature shall provide for a pplication of this 102 
paragraph to property owned by more than one person. 103 
 (9)  The legislature may, by general law, prohibit the 104 
assessed value of property granted a homestead exemption under 105 
Section 6(a), that is used as a homestead by a person who has 106 
attained age sixty-five and meets an income limitation, as 107 
defined by general law, from exceeding the assessed value of 108 
such property in the year in which such person attained age 109 
sixty-five. 110 
 (e)  The legislature may, by general law, for assessment 111 
purposes and subject to the provisions of this subsection, allow 112 
counties and municipalities to authorize by ordinance that 113 
historic property may be assessed solely on the basis of 114 
character or use. Such character or use assessment shall apply 115 
only to the jurisdict ion adopting the ordinance. The 116 
requirements for eligible properties must be specified by 117 
general law. 118 
 (f)  A county may, in the manner prescribed by general law, 119 
provide for a reduction in the assessed value of homestead 120 
property to the extent of any inc rease in the assessed value of 121 
that property which results from the construction or 122 
reconstruction of the property for the purpose of providing 123 
living quarters for one or more natural or adoptive grandparents 124 
or parents of the owner of the property or of t he owner's spouse 125     
 
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if at least one of the grandparents or parents for whom the 126 
living quarters are provided is 62 years of age or older. Such a 127 
reduction may not exceed the lesser of the following: 128 
 (1)  The increase in assessed value resulting from 129 
construction or reconstruction of the property. 130 
 (2)  Twenty percent of the total assessed value of the 131 
property as improved. 132 
 (g)  For all levies other than school district levies, 133 
assessments of residential real property, as defined by general 134 
law, which contains nine units or fewer and which is not subject 135 
to the assessment limitations set forth in subsections (a) 136 
through (d) shall change only as provided in this subsection. 137 
 (1)  Assessments subject to this subsection shall be 138 
changed annually on the date of a ssessment provided by law; but 139 
those changes in assessments shall not exceed ten percent (10%) 140 
of the assessment for the prior year. 141 
 (2)  No assessment shall exceed just value. 142 
 (3)  After a change of ownership or control, as defined by 143 
general law, including any change of ownership of a legal entity 144 
that owns the property, such property shall be assessed at just 145 
value as of the next assessment date. Thereafter, such property 146 
shall be assessed as provided in this subsection. 147 
 (4)  Changes, additions, reduc tions, or improvements to 148 
such property shall be assessed as provided for by general law; 149 
however, after the adjustment for any change, addition, 150     
 
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reduction, or improvement, the property shall be assessed as 151 
provided in this subsection. 152 
 (h)  For all levies other than school district levies, 153 
assessments of real property that is not subject to the 154 
assessment limitations set forth in subsections (a) through (d) 155 
and (g) shall change only as provided in this subsection. 156 
 (1)  Assessments subject to this subsecti on shall be 157 
changed annually on the date of assessment provided by law; but 158 
those changes in assessments shall not exceed ten percent (10%) 159 
of the assessment for the prior year. 160 
 (2)  No assessment shall exceed just value. 161 
 (3)  The legislature must provid e that such property shall 162 
be assessed at just value as of the next assessment date after a 163 
qualifying improvement, as defined by general law, is made to 164 
such property. Thereafter, such property shall be assessed as 165 
provided in this subsection. 166 
 (4)  The legislature may provide that such property shall 167 
be assessed at just value as of the next assessment date after a 168 
change of ownership or control, as defined by general law, 169 
including any change of ownership of the legal entity that owns 170 
the property. Therea fter, such property shall be assessed as 171 
provided in this subsection. 172 
 (5)  Changes, additions, reductions, or improvements to 173 
such property shall be assessed as provided for by general law; 174 
however, after the adjustment for any change, addition, 175     
 
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reduction, or improvement, the property shall be assessed as 176 
provided in this subsection. 177 
 (i)  The legislature, by general law and subject to 178 
conditions specified therein, may prohibit the consideration of 179 
the following in the determination of the assessed value o f real 180 
property: 181 
 (1)  Any change or improvement to real property used for 182 
residential purposes made to improve the property's resistance 183 
to wind damage. 184 
 (2)  The installation of a solar or renewable energy source 185 
device. 186 
 (j)(1)  The assessment of the fo llowing working waterfront 187 
properties shall be based upon the current use of the property: 188 
 a.  Land used predominantly for commercial fishing 189 
purposes. 190 
 b.  Land that is accessible to the public and used for 191 
vessel launches into waters that are navigable. 192 
 c.  Marinas and drystacks that are open to the public. 193 
 d.  Water-dependent marine manufacturing facilities, 194 
commercial fishing facilities, and marine vessel construction 195 
and repair facilities and their support activities. 196 
 (2)  The assessment benefit pr ovided by this subsection is 197 
subject to conditions and limitations and reasonable definitions 198 
as specified by the legislature by general law. 199 
ARTICLE XII 200     
 
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SCHEDULE 201 
 Assessed value of homestead property of certain low -income 202 
seniors.—This section and the a mendment to Section 4 of Article 203 
VII, which authorizes the legislature to prohibit the assessed 204 
value of the homestead property of certain low -income seniors 205 
from exceeding the assessed value of the homestead property in 206 
the year in which such senior attai ned age sixty-five, shall 207 
take effect January 1, 2027. 208 
 BE IT FURTHER RESOLVED that the following statement be 209 
placed on the ballot: 210 
CONSTITUTIONAL AMENDMENT 211 
ARTICLE VII, SECTION 4 212 
ARTICLE XII 213 
 ASSESSED VALUE FREEZE OF HOMESTEAD PROPERTY OF CERTAIN LOW -214 
INCOME SENIORS.—Proposing an amendment to the State Constitution 215 
to authorize the Legislature to prohibit the assessed value of 216 
the homestead property of certain low -income seniors from 217 
exceeding the assessed value of such property in the year in 218 
which such senior attained age sixty -five. If approved, this 219 
amendment takes effect January 1, 2027. 220