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Florida Senate - 2025 CS for SJR 1510 By the Committee on Finance and Tax; and Senator Avila 593-03610-25 20251510c1 1 Senate Joint Resolution 2 A joint resolution proposing amendments to Sections 3 3 and 4 of Article VII and the creation of a new section 4 in Article XII of the State Constitution to authorize 5 the Legislature to provide two $25,000 exemptions and 6 an assessment limitation to certain real property 7 subject to a long-term lease and to provide an 8 effective date. 9 10 Be It Resolved by the Legislature of the State of Florida: 11 12 That the following amendments to Section 3 and 4 of Article 13 VII and the creation of a new section in Article XII of the 14 State Constitution are agreed to and shall be submitted to the 15 electors of this state for approval or rejection at the next 16 general election or at an earlier special election specifically 17 authorized by law for that purpose: 18 ARTICLE VII 19 FINANCE AND TAXATION 20 SECTION 3.Taxes; exemptions. 21 (a)All property owned by a municipality and used 22 exclusively by it for municipal or public purposes shall be 23 exempt from taxation. A municipality, owning property outside 24 the municipality, may be required by general law to make payment 25 to the taxing unit in which the property is located. Such 26 portions of property as are used predominantly for educational, 27 literary, scientific, religious or charitable purposes may be 28 exempted by general law from taxation. 29 (b)There shall be exempt from taxation, cumulatively, to 30 every head of a family residing in this state, household goods 31 and personal effects to the value fixed by general law, not less 32 than one thousand dollars, and to every widow or widower or 33 person who is blind or totally and permanently disabled, 34 property to the value fixed by general law not less than five 35 hundred dollars. 36 (c)Any county or municipality may, for the purpose of its 37 respective tax levy and subject to the provisions of this 38 subsection and general law, grant community and economic 39 development ad valorem tax exemptions to new businesses and 40 expansions of existing businesses, as defined by general law. 41 Such an exemption may be granted only by ordinance of the county 42 or municipality, and only after the electors of the county or 43 municipality voting on such question in a referendum authorize 44 the county or municipality to adopt such ordinances. An 45 exemption so granted shall apply to improvements to real 46 property made by or for the use of a new business and 47 improvements to real property related to the expansion of an 48 existing business and shall also apply to tangible personal 49 property of such new business and tangible personal property 50 related to the expansion of an existing business. The amount or 51 limits of the amount of such exemption shall be specified by 52 general law. The period of time for which such exemption may be 53 granted to a new business or expansion of an existing business 54 shall be determined by general law. The authority to grant such 55 exemption shall expire ten years from the date of approval by 56 the electors of the county or municipality, and may be renewable 57 by referendum as provided by general law. 58 (d)Any county or municipality may, for the purpose of its 59 respective tax levy and subject to the provisions of this 60 subsection and general law, grant historic preservation ad 61 valorem tax exemptions to owners of historic properties. This 62 exemption may be granted only by ordinance of the county or 63 municipality. The amount or limits of the amount of this 64 exemption and the requirements for eligible properties must be 65 specified by general law. The period of time for which this 66 exemption may be granted to a property owner shall be determined 67 by general law. 68 (e)By general law and subject to conditions specified 69 therein: 70 (1)Twenty-five thousand dollars of the assessed value of 71 property subject to tangible personal property tax shall be 72 exempt from ad valorem taxation. 73 (2)The assessed value of solar devices or renewable energy 74 source devices subject to tangible personal property tax may be 75 exempt from ad valorem taxation, subject to limitations provided 76 by general law. 77 (f)There shall be granted an ad valorem tax exemption for 78 real property dedicated in perpetuity for conservation purposes, 79 including real property encumbered by perpetual conservation 80 easements or by other perpetual conservation protections, as 81 defined by general law. 82 (g)By general law and subject to the conditions specified 83 therein, each person who receives a homestead exemption as 84 provided in section 6 of this article; who was a member of the 85 United States military or military reserves, the United States 86 Coast Guard or its reserves, or the Florida National Guard; and 87 who was deployed during the preceding calendar year on active 88 duty outside the continental United States, Alaska, or Hawaii in 89 support of military operations designated by the legislature 90 shall receive an additional exemption equal to a percentage of 91 the taxable value of his or her homestead property. The 92 applicable percentage shall be calculated as the number of days 93 during the preceding calendar year the person was deployed on 94 active duty outside the continental United States, Alaska, or 95 Hawaii in support of military operations designated by the 96 legislature divided by the number of days in that year. 97 (h)By general law and subject to conditions and provisions 98 specified therein, the legislature may provide that every person 99 who holds the legal or equitable title to real estate that is 100 currently receiving the benefits available for homestead 101 properties under subsection (a) of Section 6 of this Article, 102 and holds the legal or equitable title to a separate parcel of 103 real estate and maintains thereon the residence of a lessee 104 under a single written lease of six months or more, if such 105 lease is in effect on January 1 of the taxable year, and if such 106 parcel could qualify for the benefits afforded homestead 107 properties under subsection (a) of Section 6 of this Article, if 108 the owner maintained that property as his or her permanent 109 residence, shall be exempt from taxation on such leased property 110 up to the assessed valuation of twenty-five thousand dollars; 111 and, for all levies other than school district levies, on the 112 assessed valuation greater than fifty thousand dollars and up to 113 seventy-five thousand dollars. A person is entitled to the 114 exemption provided by this subsection on one separate parcel of 115 real estate. Real estate subject to an assessment limitation 116 under subsection (h) of Section 4 of Article VII is not entitled 117 to this exemption and, by general law, the legislature may 118 establish additional criteria for eligible property. 119 SECTION 4.Taxation; assessments. 120 By general law regulations shall be prescribed which shall 121 secure a just valuation of all property for ad valorem taxation, 122 provided: 123 (a)Agricultural land, land producing high water recharge 124 to Floridas aquifers, or land used exclusively for 125 noncommercial recreational purposes may be classified by general 126 law and assessed solely on the basis of character or use. 127 (b)As provided by general law and subject to conditions, 128 limitations, and reasonable definitions specified therein, land 129 used for conservation purposes shall be classified by general 130 law and assessed solely on the basis of character or use. 131 (c)Pursuant to general law tangible personal property held 132 for sale as stock in trade and livestock may be valued for 133 taxation at a specified percentage of its value, may be 134 classified for tax purposes, or may be exempted from taxation. 135 (d)All persons entitled to a homestead exemption under 136 Section 6 of this Article shall have their homestead assessed at 137 just value as of January 1 of the year following the effective 138 date of this amendment. This assessment shall change only as 139 provided in this subsection. 140 (1)Assessments subject to this subsection shall be changed 141 annually on January 1st of each year; but those changes in 142 assessments shall not exceed the lower of the following: 143 a.Three percent (3%) of the assessment for the prior year. 144 b.The percent change in the Consumer Price Index for all 145 urban consumers, U.S. City Average, all items 1967=100, or 146 successor reports for the preceding calendar year as initially 147 reported by the United States Department of Labor, Bureau of 148 Labor Statistics. 149 (2)No assessment shall exceed just value. 150 (3)After any change of ownership, as provided by general 151 law, homestead property shall be assessed at just value as of 152 January 1 of the following year, unless the provisions of 153 paragraph (8) apply. Thereafter, the homestead shall be assessed 154 as provided in this subsection. 155 (4)New homestead property shall be assessed at just value 156 as of January 1st of the year following the establishment of the 157 homestead, unless the provisions of paragraph (8) apply. That 158 assessment shall only change as provided in this subsection. 159 (5)Changes, additions, reductions, or improvements to 160 homestead property shall be assessed as provided for by general 161 law; provided, however, after the adjustment for any change, 162 addition, reduction, or improvement, the property shall be 163 assessed as provided in this subsection. 164 (6)In the event of a termination of homestead status, the 165 property shall be assessed as provided by general law. 166 (7)The provisions of this amendment are severable. If any 167 of the provisions of this amendment shall be held 168 unconstitutional by any court of competent jurisdiction, the 169 decision of such court shall not affect or impair any remaining 170 provisions of this amendment. 171 (8) 172 a.A person who establishes a new homestead as of January 1 173 and who has received a homestead exemption pursuant to Section 6 174 of this Article as of January 1 of any of the three years 175 immediately preceding the establishment of the new homestead is 176 entitled to have the new homestead assessed at less than just 177 value. The assessed value of the newly established homestead 178 shall be determined as follows: 179 1.If the just value of the new homestead is greater than 180 or equal to the just value of the prior homestead as of January 181 1 of the year in which the prior homestead was abandoned, the 182 assessed value of the new homestead shall be the just value of 183 the new homestead minus an amount equal to the lesser of 184 $500,000 or the difference between the just value and the 185 assessed value of the prior homestead as of January 1 of the 186 year in which the prior homestead was abandoned. Thereafter, the 187 homestead shall be assessed as provided in this subsection. 188 2.If the just value of the new homestead is less than the 189 just value of the prior homestead as of January 1 of the year in 190 which the prior homestead was abandoned, the assessed value of 191 the new homestead shall be equal to the just value of the new 192 homestead divided by the just value of the prior homestead and 193 multiplied by the assessed value of the prior homestead. 194 However, if the difference between the just value of the new 195 homestead and the assessed value of the new homestead calculated 196 pursuant to this sub-subparagraph is greater than $500,000, the 197 assessed value of the new homestead shall be increased so that 198 the difference between the just value and the assessed value 199 equals $500,000. Thereafter, the homestead shall be assessed as 200 provided in this subsection. 201 b.By general law and subject to conditions specified 202 therein, the legislature shall provide for application of this 203 paragraph to property owned by more than one person. 204 (e)The legislature may, by general law, for assessment 205 purposes and subject to the provisions of this subsection, allow 206 counties and municipalities to authorize by ordinance that 207 historic property may be assessed solely on the basis of 208 character or use. Such character or use assessment shall apply 209 only to the jurisdiction adopting the ordinance. The 210 requirements for eligible properties must be specified by 211 general law. 212 (f)A county may, in the manner prescribed by general law, 213 provide for a reduction in the assessed value of homestead 214 property to the extent of any increase in the assessed value of 215 that property which results from the construction or 216 reconstruction of the property for the purpose of providing 217 living quarters for one or more natural or adoptive grandparents 218 or parents of the owner of the property or of the owners spouse 219 if at least one of the grandparents or parents for whom the 220 living quarters are provided is 62 years of age or older. Such a 221 reduction may not exceed the lesser of the following: 222 (1)The increase in assessed value resulting from 223 construction or reconstruction of the property. 224 (2)Twenty percent of the total assessed value of the 225 property as improved. 226 (g)For all levies other than school district levies, 227 assessments of residential real property, as defined by general 228 law, which contains nine units or fewer and which is not subject 229 to the assessment limitations set forth in subsections (a) 230 through (d) shall change only as provided in this subsection. 231 (1)Assessments subject to this subsection shall be changed 232 annually on the date of assessment provided by law; but those 233 changes in assessments shall not exceed ten percent (10%) of the 234 assessment for the prior year. 235 (2)No assessment shall exceed just value. 236 (3)After a change of ownership or control, as defined by 237 general law, including any change of ownership of a legal entity 238 that owns the property, such property shall be assessed at just 239 value as of the next assessment date. Thereafter, such property 240 shall be assessed as provided in this subsection. 241 (4)Changes, additions, reductions, or improvements to such 242 property shall be assessed as provided for by general law; 243 however, after the adjustment for any change, addition, 244 reduction, or improvement, the property shall be assessed as 245 provided in this subsection. 246 (h)For all levies other than school district levies, 247 assessments of real property that is not subject to the 248 assessment limitations set forth in subsections (a) through (d) 249 and (g) shall change only as provided in this subsection. 250 (1)Assessments subject to this subsection shall be changed 251 annually on the date of assessment provided by law; but those 252 changes in assessments shall not exceed ten percent (10%) of the 253 assessment for the prior year. 254 (2)No assessment shall exceed just value. 255 (3)The legislature must provide that such property shall 256 be assessed at just value as of the next assessment date after a 257 qualifying improvement, as defined by general law, is made to 258 such property. Thereafter, such property shall be assessed as 259 provided in this subsection. 260 (4)The legislature may provide that such property shall be 261 assessed at just value as of the next assessment date after a 262 change of ownership or control, as defined by general law, 263 including any change of ownership of the legal entity that owns 264 the property. Thereafter, such property shall be assessed as 265 provided in this subsection. 266 (5)Changes, additions, reductions, or improvements to such 267 property shall be assessed as provided for by general law; 268 however, after the adjustment for any change, addition, 269 reduction, or improvement, the property shall be assessed as 270 provided in this subsection. 271 (i)The legislature, by general law and subject to 272 conditions specified therein, may prohibit the consideration of 273 the following in the determination of the assessed value of real 274 property: 275 (1)Any change or improvement to real property used for 276 residential purposes made to improve the propertys resistance 277 to wind damage. 278 (2)The installation of a solar or renewable energy source 279 device. 280 (j) 281 (1)The assessment of the following working waterfront 282 properties shall be based upon the current use of the property: 283 a.Land used predominantly for commercial fishing purposes. 284 b.Land that is accessible to the public and used for 285 vessel launches into waters that are navigable. 286 c.Marinas and drystacks that are open to the public. 287 d.Water-dependent marine manufacturing facilities, 288 commercial fishing facilities, and marine vessel construction 289 and repair facilities and their support activities. 290 (2)The assessment benefit provided by this subsection is 291 subject to conditions and limitations and reasonable definitions 292 as specified by the legislature by general law. 293 (k)All persons entitled to the exemptions on real property 294 under subsection (h) of Section 3 of this Article shall have 295 such property assessed as follows: 296 (1)Assessments shall be changed annually on January 1 of 297 each year; but those changes in assessments shall not exceed the 298 lower of: three percent (3%) of the assessment for the prior 299 year, or the percent change in the Consumer Price Index for all 300 urban consumers, U.S. City Average, all items 1967=100, or 301 successor reports for the preceding calendar year as initially 302 reported by the United States Department of Labor, Bureau of 303 Labor Statistics. 304 (2)No assessment shall exceed just value. 305 (3)After any change of ownership, as provided by general 306 law, or termination of homestead pursuant to paragraph (6) of 307 subsection (d) of this section, the property shall be assessed 308 at just value as of January 1 of the following year. Thereafter, 309 the property shall be assessed as provided in this paragraph. 310 (4)Changes, additions, reductions, or improvements to such 311 property shall be assessed as provided for by general law; 312 provided, however, after the adjustment for any change, 313 addition, reduction, or improvement, the property shall be 314 assessed as provided in this subsection. 315 (5)The legislature may also provide that if any property 316 receiving the assessment limitation authorized under this 317 subsection subsequently becomes ineligible for the assessment 318 limitation authorized under this subsection for reasons other 319 than a change of ownership or control, as defined by general 320 law; or termination of homestead pursuant to paragraph (6) of 321 subsection (d) of this section; such property shall be assessed, 322 without reassessment at just value, pursuant to subsection (g) 323 of this section, unless such property is assessed under 324 subsection (d) of this section for that year. 325 ARTICLE XII 326 SCHEDULE 327 Tax exemptions and an assessment limitation for long-term 328 leased residential property.This section and the amendments to 329 Sections 3 and 4 of Article VII, which authorize the legislature 330 to provide two $25,000 exemptions and an assessment limitation 331 to real property that, on January 1, is subject to a written 332 lease of six months or more and is owned by a person who holds 333 legal or equitable title to real estate receiving a homestead 334 exemption, apply beginning with the 2027 tax roll. 335 BE IT FURTHER RESOLVED that the following statement be 336 placed on the ballot: 337 CONSTITUTIONAL AMENDMENT 338 ARTICLE VII, SECTIONS 3 AND 4 339 ARTICLE XII 340 PROPERTY TAX BENEFITS FOR CERTAIN RESIDENTIAL PROPERTIES 341 SUBJECT TO A LONG-TERM LEASE.Proposing an amendment to the 342 State Constitution to authorize the Legislature to provide two 343 $25,000 exemptions and an assessment limitation for certain 344 residential real property that is subject to a written lease of 345 6 months or more and is owned by a person who holds legal or 346 equitable title to property receiving a homestead exemption. 347 This amendment shall take effect January 1, 2027.
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