H 793

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1House Joint Resolution
2A joint resolution proposing an amendment to Section 4
3of Article VII and the creation of a new section in
4Article XII of the State Constitution to authorize the
5Legislature to provide, by general law, that the
6transfer of homestead property by inheritance is not
7considered to be a change in ownership for purposes of
8homestead property assessment and provide an effective
9date.
10
11Be It Resolved by the Legislature of the State of Florida:
12
13That the following amendment to Section 4 of Article VII
14and the creation of a new section of Article XII of the State
15Constitution is agreed to and shall be submitted to the electors
16of this state for approval or rejection at the next general
17election or at an earlier special election specifically
18authorized by law for that purpose:
19ARTICLE VII
20FINANCE AND TAXATION
21SECTION 4.       Taxation; assessments.—By general law
22regulations shall be prescribed which shall secure a just
23valuation of all property for ad valorem taxation, provided:
24(a)     Agricultural land, land producing high water recharge
25to Florida's aquifers, or land used exclusively for
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26    noncommercial recreational purposes may be classified by general
27    law and assessed solely on the basis of character or use.
28(b)      As provided by general law and subject to conditions,
29    limitations, and reasonable definitions specified therein, land
30    used for conservation purposes shall be classified by general
31    law and assessed solely on the basis of character or use.
32(c)      Pursuant to general law tangible personal property
33    held for sale as stock in trade and livestock may be valued for
34    taxation at a specified percentage of its value, may be
35    classified for tax purposes, or may be exempted from taxation.
36(d)      All persons entitled to a homestead exemption under
37    Section 6 of this Article shall have their homestead assessed at
38    just value as of January 1 of the year following the effective
39    date of this amendment. This assessment shall change only as
40    provided in this subsection.
41(1)      Assessments subject to this subsection shall be
42    changed annually on January 1st of each year; but those changes
43    in assessments shall not exceed the lower of the following:
44a.      Three percent (3%) of the assessment for the prior
45    year.
46b.      The percent change in the Consumer Price Index for all
47    urban consumers, U.S. City Average, all items 1967=100, or
48    successor reports for the preceding calendar year as initially
49    reported by the United States Department of Labor, Bureau of
50    Labor Statistics.
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51(2)     No assessment shall exceed just value.
52(3)     After any change of ownership, as provided by general
53    law, homestead property shall be assessed at just value as of
54    January 1 of the following year, unless the provisions of
55    paragraph (8) apply. The legislature, by general law, may
56    provide that the transfer of homestead property upon inheritance
57    is not a change of ownership for purposes of this paragraph.
58    Thereafter, the homestead shall be assessed as provided in this
59    subsection.
60(4)     New homestead property shall be assessed at just value
61    as of January 1st of the year following the establishment of the
62    homestead, unless the provisions of paragraph (8) apply. That
63    assessment shall only change as provided in this subsection.
64(5)     Changes, additions, reductions, or improvements to
65    homestead property shall be assessed as provided for by general
66    law; provided, however, after the adjustment for any change,
67    addition, reduction, or improvement, the property shall be
68    assessed as provided in this subsection.
69(6)     In the event of a termination of homestead status, the
70    property shall be assessed as provided by general law.
71(7)     The provisions of this amendment are severable. If any
72    of the provisions of this amendment shall be held
73    unconstitutional by any court of competent jurisdiction, the
74    decision of such court shall not affect or impair any remaining
75    provisions of this amendment.
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76(8)a.       A person who establishes a new homestead as of
77     January 1 and who has received a homestead exemption pursuant to
78     Section 6 of this Article as of January 1 of any of the three
79     years immediately preceding the establishment of the new
80     homestead is entitled to have the new homestead assessed at less
81     than just value. The assessed value of the newly established
82     homestead shall be determined as follows:
831.      If the just value of the new homestead is greater than
84     or equal to the just value of the prior homestead as of January
85     1 of the year in which the prior homestead was abandoned, the
86     assessed value of the new homestead shall be the just value of
87     the new homestead minus an amount equal to the lesser of
88     $500,000 or the difference between the just value and the
89     assessed value of the prior homestead as of January 1 of the
90     year in which the prior homestead was abandoned. Thereafter, the
91     homestead shall be assessed as provided in this subsection.
922.      If the just value of the new homestead is less than the
93     just value of the prior homestead as of January 1 of the year in
94     which the prior homestead was abandoned, the assessed value of
95     the new homestead shall be equal to the just value of the new
96     homestead divided by the just value of the prior homestead and
97     multiplied by the assessed value of the prior homestead.
98     However, if the difference between the just value of the new
99     homestead and the assessed value of the new homestead calculated
100    pursuant to this sub-subparagraph is greater than $500,000, the
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101    assessed value of the new homestead shall be increased so that
102    the difference between the just value and the assessed value
103    equals $500,000. Thereafter, the homestead shall be assessed as
104    provided in this subsection.
105b.      By general law and subject to conditions specified
106    therein, the legislature shall provide for application of this
107    paragraph to property owned by more than one person.
108(e)     The legislature may, by general law, for assessment
109    purposes and subject to the provisions of this subsection, allow
110    counties and municipalities to authorize by ordinance that
111    historic property may be assessed solely on the basis of
112    character or use. Such character or use assessment shall apply
113    only to the jurisdiction adopting the ordinance. The
114    requirements for eligible properties must be specified by
115    general law.
116(f)      A county may, in the manner prescribed by general law,
117    provide for a reduction in the assessed value of homestead
118    property to the extent of any increase in the assessed value of
119    that property which results from the construction or
120    reconstruction of the property for the purpose of providing
121    living quarters for one or more natural or adoptive grandparents
122    or parents of the owner of the property or of the owner's spouse
123    if at least one of the grandparents or parents for whom the
124    living quarters are provided is 62 years of age or older. Such a
125    reduction may not exceed the lesser of the following:
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126(1)     The increase in assessed value resulting from
127    construction or reconstruction of the property.
128(2)     Twenty percent of the total assessed value of the
129    property as improved.
130(g)     For all levies other than school district levies,
131    assessments of residential real property, as defined by general
132    law, which contains nine units or fewer and which is not subject
133    to the assessment limitations set forth in subsections (a)
134    through (d) shall change only as provided in this subsection.
135(1)     Assessments subject to this subsection shall be
136    changed annually on the date of assessment provided by law; but
137    those changes in assessments shall not exceed ten percent (10%)
138    of the assessment for the prior year.
139(2)     No assessment shall exceed just value.
140(3)     After a change of ownership or control, as defined by
141    general law, including any change of ownership of a legal entity
142    that owns the property, such property shall be assessed at just
143    value as of the next assessment date. Thereafter, such property
144    shall be assessed as provided in this subsection.
145(4)     Changes, additions, reductions, or improvements to
146    such property shall be assessed as provided for by general law;
147    however, after the adjustment for any change, addition,
148    reduction, or improvement, the property shall be assessed as
149    provided in this subsection.
150(h)     For all levies other than school district levies,
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151    assessments of real property that is not subject to the
152    assessment limitations set forth in subsections (a) through (d)
153    and (g) shall change only as provided in this subsection.
154(1)     Assessments subject to this subsection shall be
155    changed annually on the date of assessment provided by law; but
156    those changes in assessments shall not exceed ten percent (10%)
157    of the assessment for the prior year.
158(2)     No assessment shall exceed just value.
159(3)     The legislature must provide that such property shall
160    be assessed at just value as of the next assessment date after a
161    qualifying improvement, as defined by general law, is made to
162    such property. Thereafter, such property shall be assessed as
163    provided in this subsection.
164(4)     The legislature may provide that such property shall
165    be assessed at just value as of the next assessment date after a
166    change of ownership or control, as defined by general law,
167    including any change of ownership of the legal entity that owns
168    the property. Thereafter, such property shall be assessed as
169    provided in this subsection.
170(5)     Changes, additions, reductions, or improvements to
171    such property shall be assessed as provided for by general law;
172    however, after the adjustment for any change, addition,
173    reduction, or improvement, the property shall be assessed as
174    provided in this subsection.
175(i)     The legislature, by general law and subject to
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176    conditions specified therein, may prohibit the consideration of
177    the following in the determination of the assessed value of real
178    property:
179(1)      Any change or improvement to real property used for
180    residential purposes made to improve the property's resistance
181    to wind damage.
182(2)      The installation of a solar or renewable energy source
183    device.
184(j)(1)      The assessment of the following working waterfront
185    properties shall be based upon the current use of the property:
186a.      Land used predominantly for commercial fishing
187    purposes.
188b.      Land that is accessible to the public and used for
189    vessel launches into waters that are navigable.
190c.      Marinas and drystacks that are open to the public.
191d.      Water-dependent marine manufacturing facilities,
192    commercial fishing facilities, and marine vessel construction
193    and repair facilities and their support activities.
194(2)      The assessment benefit provided by this subsection is
195    subject to conditions and limitations and reasonable definitions
196    as specified by the legislature by general law.
197ARTICLE XII
198SCHEDULE
199Assessment of inherited homestead property.—This section
200    and the amendment to Section 4 of Article VII authorizing the
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201    legislature, by general law, to provide that transfer of
202    homestead property by inheritance is not a change of ownership
203    for purposes of homestead property assessment shall take effect
204    January 1, 2027.
205BE IT FURTHER RESOLVED that the following statement be
206    placed on the ballot:
207CONSTITUTIONAL AMENDMENT
208ARTICLE VII, SECTION 4
209ASSESSMENT OF INHERITED HOMESTEAD PROPERTY.—Proposing an
210    amendment to the State Constitution, effective January 1, 2027,
211    authorizing the Legislature, by general law, to provide that the
212    transfer of homestead property by inheritance is not considered
213    a change of ownership for purposes of homestead property
214    assessment.
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