F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HJR 1103 2024
1 House Joint Resolution
2 A joint resolution proposing an amendment to Section 4
3 of Article VII and the creation of a new section in
4 Article XII of the State Constitution to allow newly
5 established homestead property to be assessed at less
6 than just value if the property was previously
7 assessed as nonhomestead property and has not changed
8 ownership, and to provide an effect date.
9
10 Be It Resolved by the Legislature of the State of Florida:
11
12 That the following amendment to Section 4 of Article VII
13 and the creation of a new section in Article XII of the State
14 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 4. Taxation; assessments.—By general law
21 regulations shall be prescribed which shall secure a just
22 valuation of all property for ad valorem taxation, provided:
23 (a) Agricultural land, land producing high water recharge
24 to Florida's aquifers, or land used exclusively for
25 noncommercial recreational purposes may be classified by general
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26 law and assessed solely on the basis of character or use.
27 (b) As provided by general law and subject to conditions,
28 limitations, and reasonable definitions specified therein, land
29 used for conservation purposes shall be classified by general
30 law and assessed solely on the basis of character or use.
31 (c) Pursuant to general law tangible personal property
32 held for sale as stock in trade and livestock may be valued for
33 taxation at a specified percentage of its value, may be
34 classified for tax purposes, or may be exempted from taxation.
35 (d) All persons entitled to a homestead exemption under
36 Section 6 of this Article shall have their homestead assessed at
37 just value as of January 1 of the year following the effective
38 date of this amendment. This assessment shall change only as
39 provided in this subsection.
40 (1) Assessments subject to this subsection shall be
41 changed annually on January 1st of each year; but those changes
42 in assessments shall not exceed the lower of the following:
43 a. Three percent (3%) of the assessment for the prior
44 year.
45 b. The percent change in the Consumer Price Index for all
46 urban consumers, U.S. City Average, all items 1967=100, or
47 successor reports for the preceding calendar year as initially
48 reported by the United States Department of Labor, Bureau of
49 Labor Statistics.
50 (2) No assessment shall exceed just value.
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51 (3) After any change of ownership, as provided by general
52 law, homestead property shall be assessed at just value as of
53 January 1 of the following year, unless the provisions of
54 paragraph (8) apply. Thereafter, the homestead shall be assessed
55 as provided in this subsection.
56 (4) New homestead property shall be assessed at just value
57 as of January 1st of the year following the establishment of the
58 homestead, unless the provisions of paragraph (8) or paragraph
59 (9) apply. That assessment shall only change as provided in this
60 subsection.
61 (5) Changes, additions, reductions, or improvements to
62 homestead property shall be assessed as provided for by general
63 law; provided, however, after the adjustment for any change,
64 addition, reduction, or improvement, the property shall be
65 assessed as provided in this subsection.
66 (6) In the event of a termination of homestead status, the
67 property shall be assessed as provided by general law.
68 (7) The provisions of this amendment are severable. If any
69 of the provisions of this amendment shall be held
70 unconstitutional by any court of competent jurisdiction, the
71 decision of such court shall not affect or impair any remaining
72 provisions of this amendment.
73 (8)a. A person who establishes a new homestead as of
74 January 1 and who has received a homestead exemption pursuant to
75 Section 6 of this Article as of January 1 of any of the three
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76 years immediately preceding the establishment of the new
77 homestead is entitled to have the new homestead assessed at less
78 than just value. The assessed value of the newly established
79 homestead shall be determined as follows:
80 1. If the just value of the new homestead is greater than
81 or equal to the just value of the prior homestead as of January
82 1 of the year in which the prior homestead was abandoned, the
83 assessed value of the new homestead shall be the just value of
84 the new homestead minus an amount equal to the lesser of
85 $500,000 or the difference between the just value and the
86 assessed value of the prior homestead as of January 1 of the
87 year in which the prior homestead was abandoned. Thereafter, the
88 homestead shall be assessed as provided in this subsection.
89 2. If the just value of the new homestead is less than the
90 just value of the prior homestead as of January 1 of the year in
91 which the prior homestead was abandoned, the assessed value of
92 the new homestead shall be equal to the just value of the new
93 homestead divided by the just value of the prior homestead and
94 multiplied by the assessed value of the prior homestead.
95 However, if the difference between the just value of the new
96 homestead and the assessed value of the new homestead calculated
97 pursuant to this sub-subparagraph is greater than $500,000, the
98 assessed value of the new homestead shall be increased so that
99 the difference between the just value and the assessed value
100 equals $500,000. Thereafter, the homestead shall be assessed as
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101 provided in this subsection.
102 b. By general law and subject to conditions specified
103 therein, the legislature shall provide for application of this
104 paragraph to property owned by more than one person.
105 (9)a. A person who establishes a new homestead as of
106 January 1 is entitled to have their homestead assessed at less
107 than just value if:
108 1. The property being established as a new homestead was
109 assessed under subsection (g) or subsection (h) the prior
110 January 1.
111 2. The owner of the new homestead is the same person who
112 owned the property when the property was assessed the prior
113 January 1.
114 3. There has been no change of ownership between the time
115 the property was previously assessed and the time the new
116 homestead is established.
117 b. The increase in assessed value for a new homestead
118 established under this paragraph shall not exceed ten percent
119 (10%) of the assessment for the previous year.
120 (e) The legislature may, by general law, for assessment
121 purposes and subject to the provisions of this subsection, allow
122 counties and municipalities to authorize by ordinance that
123 historic property may be assessed solely on the bas is of
124 character or use. Such character or use assessment shall apply
125 only to the jurisdiction adopting the ordinance. The
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126 requirements for eligible properties must be specified by
127 general law.
128 (f) A county may, in the manner prescribed by general law,
129 provide for a reduction in the assessed value of homestead
130 property to the extent of any increase in the assessed value of
131 that property which results from the construction or
132 reconstruction of the property for the purpose of providing
133 living quarters for one or more natural or adoptive grandparents
134 or parents of the owner of the property or of the owner's spouse
135 if at least one of the grandparents or parents for whom the
136 living quarters are provided is 62 years of age or older. Such a
137 reduction may not exceed the lesser of the following:
138 (1) The increase in assessed value resulting from
139 construction or reconstruction of the property.
140 (2) Twenty percent of the total assessed value of the
141 property as improved.
142 (g) For all levies other than school district levies,
143 assessments of residential real property, as defined by general
144 law, which contains nine units or fewer and which is not subject
145 to the assessment limitations set forth in subsections (a)
146 through (d) shall change only as provided in this subsection.
147 (1) Assessments subject to this subsection shall be
148 changed annually on the date of assessment provided by law; but
149 those changes in assessments shall not exceed ten percent (10%)
150 of the assessment for the prior year.
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151 (2) No assessment shall exceed just value.
152 (3) After a change of ownership or control, as defined by
153 general law, including any change of ownership of a legal entity
154 that owns the property, such property shall be assessed at just
155 value as of the next assessment date. Thereafter, such property
156 shall be assessed as provided in this subsection.
157 (4) Changes, additions, reductions, or improvements to
158 such property shall be assessed as provided for by general law;
159 however, after the adjustment for any change, addition,
160 reduction, or improvement, the property shall be assessed as
161 provided in this subsection.
162 (h) For all levies other than school district levies,
163 assessments of real property that is not subject to the
164 assessment limitations set forth in subsections (a) through (d)
165 and (g) shall change only as provided in this subsection.
166 (1) Assessments subject to this subsection shall be
167 changed annually on the date of assessment provided by law; but
168 those changes in assessments shall not exceed ten percent (10%)
169 of the assessment for the prior year.
170 (2) No assessment shall exceed just value.
171 (3) The legislature must provide that such property shall
172 be assessed at just value as of the next assessment date after a
173 qualifying improvement, as defined by general law, is made to
174 such property. Thereafter, such property shall be assessed as
175 provided in this subsection.
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176 (4) The legislature may provide that such property shall
177 be assessed at just value as of the next assessment date after a
178 change of ownership or control, as defined by general law,
179 including any change of ownership of the legal entity that owns
180 the property. Thereafter, such property shall be assessed as
181 provided in this subsection.
182 (5) Changes, additions, reductions, or improvements to
183 such property shall be assessed as provided for by general law;
184 however, after the adjustment for any change, addition,
185 reduction, or improvement, the property shall be assessed as
186 provided in this subsection.
187 (i) The legislature, by general law and subject to
188 conditions specified therein, may prohibit the consideration of
189 the following in the determination of the assessed value of real
190 property:
191 (1) Any change or improvement to real property used for
192 residential purposes made to improve the property's resistance
193 to wind damage.
194 (2) The installation of a solar or renewable energy source
195 device.
196 (j)(1) The assessment of the following working waterfront
197 properties shall be based upon the current use of the property:
198 a. Land used predominantly for commercial fishing
199 purposes.
200 b. Land that is accessible to the public and used for
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201 vessel launches into waters that are navigable.
202 c. Marinas and drystacks that are open to the public.
203 d. Water-dependent marine manufacturing facilities,
204 commercial fishing facilities, and marine vessel construction
205 and repair facilities and their support activities.
206 (2) The assessment benefit provided by this subsection is
207 subject to conditions and limitations and reasonable definitions
208 as specified by the legislature by general law.
209 ARTICLE XII
210 SCHEDULE
211 Assessed value of new homestead property that has not
212 changed ownership.—This section and the amendment to section 6
213 of Article VII authorizing assessments below just value for
214 newly established homestead