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October 20, 2007
Property Tax Reform
Introduction
Last week, the House Policy & Budget Council approved three bills for property tax reform –
HJR 7001D (the proposed constitutional amendment), HB 7003D (the statutory
implementation bill), and HB 7005D (placing the amendment on the January 29 ballot). The
Senate passed its proposed constitutional amendment – SJR 2D – and sent it to the House.
The Senate did not send its statutory implementation bill or special election bill to the
House.
On Monday, the House will take up SJR 2D, and Chairman Cannon will sponsor an
amendment that refines the Senate’s framework. The amendment incorporates ideas from
a variety of House members, including Republicans and Democrats.
This policy brief explains the provisions of Chairman Cannon’s amendment.
The House will also take up HB 7003D, with amendments to conform with the amendment
to SJR 2D, and HB 7005D.
The brief frequently references “the amendment to the Joint Resolution” or the “SJR
amendment.” These references do
not describe
the version of SJR 2D that the Senate
approved; rather, they reference Chairman Cannon’s amendment to SJR 2D.
TABLE OF CONTENTS Page
Background – The Florida Property Tax System 2
The Real Estate Boom 7
Property Tax Reform Efforts in 2007 9
The Property Tax Reform Plan 12
Authorizing a Special Election – HB 7005D 21
Appendix A – Homeowner Scenarios 22
1
Background – The Florida Property Tax System
Overview
The Florida Constitution reserves all revenue from
ad valorem taxes (taxes based on
property value) for local governments. The state government derives no revenue
from property taxes. The property tax is levied annually based on the value of real
and tangible personal property on January 1 of each year. Property owners receive
their tax bills in November and must submit payment by the following March 31.
Local property appraisers annually assess each privately owned property in Florida,
with certain exceptions like churches, based on market value.
Local governments set the
millage rate, which
is the rate at which properties are
taxed. The millage rate applies uniformly to all taxable properties in the
jurisdiction.
After accounting for certain exemptions, differentials, and limitations (discussed
below), the
taxable value of a property is
multiplied by the millage rate to
determine the dollar amount of the tax. Increasing or decreasing either the
taxable value or the millage rate will increase or decrease the revenue generated
by the tax.
1. The Property Tax Formula
The following formula explains how to calculate a property tax bill in Florida.
First, calculate the “Assessed Value:”
Just Value
(market value) – Assessment Limitations (e.g., Save Our Homes) = Assessed Value
Second, calculate the “Taxable Value:”
Assessed Value
– Exemptions
(e.g., Homestead Exemption) = Taxable Value
Finally, calculate the total tax bill:
Taxable Value
X Millage Rate
= Total Tax Liability
Example 1:
Assume Homestead A has a just value of $400,000, an accumulated
$100,000 in Save Our Homes protections, a Homestead Exemption of
$25,000, and the total millage rate is 20 mills:
$400,000 – $100,000 = $300,000
$300,000 – $25,000 = $275,000
$275,000 x .02 = $5,500 (Total Property Taxes)
2
2. Local Entities with Taxing Authority
The Florida Constitution authorizes several types of local governments to levy
property taxes up to a certain amount. Most notably
county, municipal (city),
and school district governments
1 may
levy taxes up to 10 mills each.
A county that provides municipal services (called a
Municipal Service Taxing
Unit
or MSTU) may levy an additional property tax as set forth in statute.
Independent Special districts
2 (e.g.,
water management) may be authorized by
the Constitution or by statute and operate with a variety of millage caps, usually
under two mills. Generally, counties and cities vary as to how they use special
districts to deliver services. For example, some communities feature independent
special districts that deliver fire and rescue services, while others fund these
services from county or city general funds. Services varying from hospital funding
to mosquito control can similarly be provided through county/city funds or
through independent special districts.
3. Tangible Personal Property Tax
The Florida Constitution authorizes an ad valorem tax on tangible personal
property, which includes furniture, machinery, and similar items.
Residential
properties are exempt from this tax, but businesses are required to pay.
The
same millage rate that applies to real property is also applicable to tangible
personal property.
The tangible personal property tax is administratively cumbersome for both
business owners and property appraisers, as it requires line item accounting of a
given parcel’s tangible personal property items. Business owners must annually
adjust their returns to reflect changes in the amount of tangible personal property
they own and depreciated value of certain items.
4. The Homestead Exemption
The Florida Constitution authorizes an exemption commonly known as the
“Homestead Exemption,” which
removes up to $25,000 of value for
homestead
property from property taxation.
Homestead properties are primary residences;
no Floridian can claim more than one property as a homestead.
1
Florida’s public school system is jointly funded by the state
and local governments. Through the Required
Local Effort (RLE), the state government levies a property tax that funds a substantial portion of education
programs. However, while the state government sets the millage rate for the RLE, local school districts
collect and appropriate the revenue. In addition, local school districts may levy a separate property tax. The
state government also appropriates money from state revenues to fund education.
3
2
Special districts exist in order to levy taxes that pay for specific
services for a specific geographic region.
Only those residents who benefit from the service are taxed by the special district. Today, there are over 900
special districts in Florida.
This exemption applies to the first $25,000 of assessed value. It also applies to all
property taxes that are levied against the homestead property – including taxes for
counties, cities, independent special districts, and school districts.
Irrespective of home value and assuming a total millage rate of 17 mills (slightly
above the statewide average), the Homestead Exemption would provide $425 in
savings every year. A $25,000 Homestead Exemption in 1980 – when it was
authorized – would be worth $64,111 today.
5. Save Our Homes
In 1992, Florida voters approved the “Save Our Homes” (SOH) amendment to the
Florida Constitution.
SOH limits the annual growth in the assessed value of
homestead property
to 3% of the prior year’s assessment or the percentage
change in CPI, whichever is less. The SOH assessment limitation applies to all
property tax levies, including schools.
Over time, many homestead properties have developed significant tax protections
due to SOH. A property that experiences a change in ownership is reassessed at
just value, thus surrendering Accumulated SOH Benefits.
In other words, when a homestead owner moves to a new home, he loses his SOH
protection and will only be eligible for the $25,000 Homestead Exemption in his
new home. If “upsizing” to a house of greater value, the new home’s tax bill will
often be significantly higher. Even if “downsizing” to a house of less value, the tax
bill may still be higher than the former home.
Constitutional Issues of Save Our Homes and Portability
Some argue that Florida’s Save Our Homes (SOH) provision is unconstitutional
under the U.S. Constitution and that allowing “portability” of SOH benefits will
exacerbate the system’s unconstitutionality. As tax disparities 1) among
homestead owners and 2) between homestead owners and non-homestead
owners grow, a court may find Save Our Homes unconstitutional. Although
courts have previously upheld Florida’s Save Our Homes system, growing tax
disparities might give rise to a new and successful challenge.
There are four potential challenges to the SOH system and portability under
the Constitution (ranked here in order of least likely to most likely to succeed):
4
a. The Equal Protection Clause.
This argument holds that the state may not
create tax policies that benefit
homestead owners
to the detriment of nonhomestead
owners under the Equal Protection Clause of the 14
th
Amendment. However, in a similar case (
Nordlinger v. Hahn)
the US
Supreme Court held that California’s system of giving primary home
owners a special tax benefit was permissible under the Constitution. Thus,
the Equal Protection challenge is likely the weakest argument against SOH
and portability.
b. The Privileges and Immunities Clause.
This clause generally prohibits
unjustified discrimination against nonresidents. However, Save Our Homes
does not distinguish between residents and nonresidents, but rather
between homestead and non-homestead owners. Thus, a challenge under
this clause would be relatively weak.
c. The Commerce Clause.
The Supreme Court has held that the Commerce
Clause of the U.S. Constitution inherently prevents states from creating laws
that discriminate against interstate commerce. Florida’s SOH system shifts
the tax burden from homestead properties to non-homestead residential
and commercial properties. Therefore, some argue that Florida’s tax policy
unconstitutionally discriminates against interstate commerce, such as those
businesses that might wish to locate in Florida or those who intend to
invest in non-homestead residential property. This argument seems to
have legal merit.
d. The Right to Travel.
The Supreme Court has construed a constitutional
right to travel that has three components: 1) “the right of a citizen of one
State to enter and to leave another State,” 2) “the right to be treated as a
welcome visitor rather than an unfriendly alien when temporarily present in
the second State,” and 3) “for those travelers who elect to become
permanent residents, the right to be treated like other citizens of the State.”
The third component presents the most likely successful challenge to Save
Our Homes.
Potential Remedies
If a court finds Florida’s Save Our Homes system unconstitutional, it may order
certain remedies to rectify the discrimination. Under the Supreme Court’s
interpretation of the Due Process Clause, a government that has
unconstitutionally discriminated against a class of people must provide
“meaningful backward-looking relief.”
5
The court may therefore order that 1) the favored class of homestead owners
benefiting from SOH be “back-taxed” or 2) the disfavored class of non-SOH
beneficiaries be refunded taxes that were unconstitutionally levied.
6. Other Property Tax Protections
Florida law offers several exemptions for special individual circumstances:
•
Exemption for Military Service-Connected Total and Permanent Disability
–
An honorably discharged veteran with service-connected total and permanent
disability may qualify for total exemption of homesteaded property used and
owned as a homestead, less any portion used for commercial purposes.
•
$5,000 Military Service-Connected Disability –
Honorably discharged
veterans with a service connected disability rating of at least 10% may qualify
for this exemption on any property they own.
•
Up to $50,000 Local Option Exemption for Low-Income Seniors – Cities and
counties may adopt by ordinance an additional exemption up to $50,000 for
qualifying low-income seniors.
•
$500 Widow/Widower Exemption –
Any widow or widower who is a Florida
resident may claim this exemption. Upon remarriage, the widow or widower is
ineligible for the exemption.
•
$500 Disability Exemption –
A Florida resident who is totally and
permanently disabled may qualify for this exemption.
•
$500 Exemption for Blind Persons
7. Revenue Generated by Local Property Taxes
Property taxes provide a significant source of revenue to local governments. For
the 2006-07 Fiscal Year, local governments levied just over $30 billion through the
property tax.
However, local governments receive the great majority of their total revenue
from other sources like fees, licenses, bonding, etc.:
% of Total Revenue from Property Taxes
Government Entity (FY 2003-04 - most recent data available)
Counties 31%
Cities 18%
School Districts 38% (in 2004-2005)
6
Special Districts 20%
The Real Estate Boom
Driven largely by remarkable gains in property values, local government tax levies
have soared in recent years:
Florida P roperty T axes Levied
$15.3
$ 1 1 .2
$30 .5
4.0%
5.2% 4.8%
5.8%
4.9%
7.0%
9.0% 9.2%
11.6%
10.5%
14.7%
18.5%
0
5
10
15
20
25
30
35
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
FY Ending
$ in Billions
Tax Levies
A nnual % Change
8
7
9
Florida Property Tax Levies by Governme nt Type
$5.8
$11.5
$4.2
$6.5
$12.3
$5.0
$1.9
$4.1
$1.2
$1.1
$2.6
0
$0.8
2
4
6
8
10
12
14
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
FY Ending
$ in Billions
Counties Schools Cities Spec Dis ts
Growth Rates (12 yrs):
Schools 144%
Counties 173%
Cities 236%
Spec Dists 230%
Unfortunately, local governments have allowed taxes to grow at a faster pace than
the growth in personal income.
Local governments have modestly reduced millage rates in recent years. However,
they have simultaneously experienced revenue windfalls because property values
have increased so dramatically. The next chart shows the difference between the
actual millage rate today and what the millage rate today
would be if local
governments had matched tax levies to population plus inflation over the last 12
years.
8
10
Florida Property Tax Levies: Per Household and as a Percent
of Personal Income
$2,036
$3,048
$1,983
4.5%
3.5%
3.3%
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
FY Ending
Per Household, Inflation Adjusted
Taxes as % o f Personal Income
Florida Property Tax Base and Rates
$1,648.7
$514.7
21.85
11.83
18.47
0
200
400
600
800
1000
1200
1400
1600
1800
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
FY Ending
$ in Billions
Taxable Value
Millage Rate--Pop + Inflation
Millage Rate--Actual
.
Property Tax Reform Efforts in 2007
Overview
The Legislature passed a constitutional reform amendment and statutory relief bill
in Special Session 2007B. Recently, a circuit court invalidated the ballot language
for the proposed amendment while upholding the statutory relief bill.
The Florida Constitution requires a 90-day period between final passage of a
proposed constitutional amendment and the date of the election for the
amendment. Thus, the Legislature must authorize an amendment by October 28,
2007 in order to place it on the January 29, 2008 presidential primary ballot.
Otherwise, tax reforms would likely not take effect until 2009.
Regular Session 2007
The House and Senate passed different property tax plans near the end of the 2007
Regular Session. The chambers met in conference and were unable to reach an
agreement. Both the House and Senate plans included a rate roll-back approach.
The House used 2000-01 as the base year, while the Senate used 2004-05. The
House plan offered greater savings. Both plans had a cap for future years, but the
Senate delayed the cap until 2009-2010.
The House plan included a tax swap that would have eliminated all property taxes
on homestead properties in exchange for an increased sales tax, subject to certain
local options. This would have abolished the inequities and lock-in effect of Save
Our Homes. The Senate plan instead allowed statewide portability with a $500,000
cap on the transferable benefit and allowed a first-time homebuyer exemption of
$25,000. Both plans would have created a new Tangible Personal Property Tax
Exemption of $25,000.
Special Session 2007B
The House and Senate agreed to a new approach for property tax reform during
the 2007B Special Session. A statutory bill created immediate tax relief and
instituted a property tax revenue cap.
Preliminary reports show that this bill
created $2.1 billion of property tax relief this year
(see
pages 10-11 for graphs).
9
The House and Senate also passed a Joint Resolution that would have created a
new Super Homestead Exemption to offer permanent reform. The new exemption
would cover 75% of the first $200,000 of homestead value and 15% of the next
$300,000 (for a maximum exemption of $195,000), with all homesteads receiving
at least a $50,000 exemption. Homestead owners who currently benefit from Save
Our Homes could choose to continue with that benefit or switch to the new super
exemption. The HJR also authorized a $25,000 Tangible Personal Property
exemption and allows targeted relief for affordable housing, low-income seniors,
and working waterfronts.
Relief Results
The following charts show the results of HB 1B, passed during Special Session.
Florida City, County & Independent District Property Tax Levies
Compared to Cap Based on Population and Income Growth
(Base Year for Cap = 1982)
Mandatory Relief in 2007 - Statutory Cap
10,000
12,000
14,000
16,000
18,000
20,000
22,000
2003 2004 2005 2006 2007
Year of the Tax Roll
$Millions
Actual & EstimatedTaxes Levied Property Taxes with Long-Run Cap Legislative Property Tax Cap
-$2.1
Billion
Taxes if Cap in Place
Since 1982
Actual 2007 Taxes
With Legislative Caps
10
Estimated Taxes in
2007 Without Caps
11
Growth in City, County and Special District Property Taxes
Before and After Statutory Tax Caps Enacted
-1.2%
9.9%
12.5%
12.0%
15.2%
18.5%
-5%
0%
5%
10%
15%
20%
2002 2003 2004 2005 2006 2007
With Caps Without Caps
Reduction After
Statutory Caps
Enacted
Average Growth Before Caps = 13.6%
The Property Tax Reform Plan
SJR 2D & HB 7003D
The Bottom Line
The SJR amendment eliminates the “lock-in effect” of Save Our Homes by allowing
statewide portability for a period of two years after leaving the former homestead. It
accelerates Save Our Homes savings by providing a Guaranteed Save Our Homes
Benefit worth 40% of the county’s median homestead just value. Low-income seniors
receive an accelerated SOH protection worth 100% of the median homestead just
value.
The amendment to the Joint Resolution creates a new 5% assessment cap for all nonhomestead
properties (i.e. business properties, apartments, and second homes). It
also creates a Tangible Personal Property Tax Exemption of $25,000 to lower
administrative and tax costs for businesses. It limits property tax assessments for
affordable housing and working waterfront properties. Furthermore, it requires that all
property appraisers be elected rather than appointed.
HB 7003D provides implementing language for the constitutional amendment.
The total fiscal impact of the constitutional amendment is $11 billion over four years,
of which $964 million will come from school tax levies.
Summary of the amended SJR 2D & HB 7003D
1. Allows “
portability” of an
Accumulated Save Our Homes (SOH) Benefit from one
homestead to another.
3
•
The Joint Resolution allows homestead owners with an Accumulated SOH
Benefit to transfer 100% of the benefit
(up to a $1 million benefit) to
a new
homestead
if they “upsize” to a home with a greater or equal just value.
3
The idea of portability has been offered and developed by members
of both parties and both chambers, as
well as by the Governor. The most prominent portability bill in the 2007 Regular Session was sponsored by
Representative Domino (R) and co-sponsored by representatives Allen (R), Anderson (R), Davis, D. (R), Harrell
(R), Holder (R), Kiar (D), Long (D), Needelman (R), Proctor (R), Robaina (R), Sands (D), Scionti (D), and Vana
(D).
The Senate property tax plan from the 2007 Regular Session allowed portability of benefits up to $500,000.
This particular iteration of portability is drawn directly from the proposal the Governor submitted prior to
Special Session 2007D.
12
•
If “downsizing” to a home with a lower just value, the homestead owner can
transfer a SOH benefit that protects the same percentage of value as it did the
former homestead, up to a $1 million benefit.
o
In other words, if the SOH benefit equaled 25% of the total just value
of the
former home, the new SOH benefit will equal to 25% of the just value of the
new home.
•
The new homestead must be established within two years of the sale or
abandonment of the former homestead in order to transfer the SOH benefit.
•
This provision is retroactive to 2007, so those who sold and established
a new
homestead in 2007 will be eligible to transfer their benefit from the former
homestead.
•
A homestead owner may transfer
the SOH benefit to a new homestead anywhere
in the state
. Portability is not limited within a county or any other jurisdiction.
•
The transferred SOH benefit on the new homestead will not apply to school
tax levies.
For the school portion of a tax bill, the transferred Save Our
Homes
benefit will begin at zero.
•
The implementing bill sets forth additional rules for portability
when more than
one person has established the homestead:
o
If two or more people own multiple homesteads and are moving into
only one new homestead, they can only transfer a benefit from one of
the former homesteads.
So if a newly married couple is selling two former
homesteads to move into one new homestead, they will choose to transfer
whichever of their SOH benefits is largest.
o
If two or more people jointly own a homestead and are moving into
more than one new homestead, they must divide the value of their
SOH benefit among the new homesteads.
So, if a couple is moving out of
their shared homestead with a $100,000 SOH benefit into two new
homesteads, they may choose to divide benefit in half and apply a $50,000
benefit to each of their new homesteads.
13
[The following page provides a visual description of the portability proposal in the Joint
Resolution.]
_______________________________________________________
14
CURRENT
SITUATION
(without
Portability)
Just Value: $400,000
Accumulated SOH benefit:
$200,000
Assessed Value: $200,000
Just Value: $600,000
Accumulated SOH benefit: $0
Assessed Value: $600,000
Just Value: $200,000
Accumulated SOH benefit:
$0
Assessed Value: $200,000
Upsize
Downsize
With
Portability
Just Value: $400,000
Accumulated SOH benefit:
$200,000
Assessed Value: $200,000
Just Value: $600,000
Accumulated SOH benefit:
$200,000
Assessed Value: $400,000
Upsize
Just Value: $200,000
Accumulated SOH benefit:
$100,000
Assessed Value: $100,000
Downsize
2. Creates tax relief for those homestead owners who need it most by accelerating
SOH savings with a new guaranteed benefit.
4
•
Provides a “Guaranteed Save
Our Homes Benefit” for all homestead
properties,
so that all homestead owners can enjoy meaningful SOH savings
without having to wait years to get them.
•
The guaranteed exemption is equal to 40% (or 100% for low-income
seniors)
of the county’s median just value for homesteads (county-by-county
median home values are available on pages 23-24 of this document).
•
The Guaranteed SOH Benefit applies to home value above $50,000.
Along with using the county median home value approach, this will minimize
the impact on low property value cities and counties.
•
The Joint Resolution preserves
Save Our Homes. The amendment to the
SJR does not replace Save Our Homes; it accelerates it (
see the green box on
the next page for more
).
•
The guaranteed SOH protection does not
apply to school tax levies in order
to protect Florida’s education system.
•
All existing exemptions (like the
Homestead Exemption and the Low-
Income Senior Local Option Exemption) will
still apply to
eligible properties
on top of the Guaranteed SOH Benefit.
•
The Guaranteed SOH Benefit represents an improvement to the original
provision to double the Homestead Exemption for two main reasons:
1) Doubling the Homestead Exemption would have spread a relatively small
benefit over all homesteads – limiting the amount of tax relief that can go
to those who need it most. By contrast, the Guaranteed SOH Benefit
targets greater relief for those homestead owners who currently have the
least tax protection.
2) By basing the benefit on median county home values, the Guaranteed
Save Our Home Benefit is better tailored to local situations and minimizes
the impact on counties with low property values.
4
The idea of a percentage-based protection based on median home values
is drawn heavily from proposals
submitted by the House Democratic Caucus. Leader Gelber (D) has submitted an amendment to HJR 7001D
(#646777) that employs a 40% of median county just value approach, as have Representative Long (D)
(#357355) and Representative Randolph (D) (#406541). House Democrats also offered amendments to
property tax bills in Regular Session that granted new protections based on a percentage of median county
values (e.g., #105513 to HJR7089 by Leader Gelber).
15
3. Creates an
expanded Guaranteed SOH Benefit
for qualifying low-income
seniors to substantially reduce their tax bills.
•
The amendment to the Joint Resolution creates a larger Guaranteed
SOH Benefit
for qualifying low-income seniors equal to 100% the county’s median homestead
value
(county-by-county median home values are available on pages 23-24 of this
document).
•
This Guaranteed SOH Benefit operates in the same way as the 40%
of median
home value exemption in section 2 above, with two exceptions:
o
The size of the benefit is equal to 100% of the county median home value,
thereby offering substantially deeper savings for qualifying seniors.
o
The Guaranteed SOH Benefit applies to home value beginning at dollar
one, rather than after the first $50,000 in order to provide more savings.
•
In order to qualify, the homestead
owner must be 65 years old or older and the
total household income must not exceed $23,604 annually (adjusted for inflation).
Under the implementing legislation, household income includes
all gross income
(rather than “adjusted gross income” under the federal tax code) to prevent
unfairly shielding income. Income includes Social Security and veterans’ benefits.
16
•
This exemption does not apply to school tax levies in order to protect Florida’s
education system.
Important
Here’s how the new “Guaranteed SOH Benefit” works in the context of the current
Save Our Homes system:
•
All homestead owners will own a SOH benefit that will accumulate
on an annual
basis and that they can carry with them from home to home. This is called the
“
Accumulated SOH Benefit.” It works just like Save Our Homes has always worked
– capping assessment growth at 3% per year – except that the Joint Resolution
also creates portability.
•
However, many homeowners have a relatively small Accumulated SOH
Benefit (like
first-time homestead buyers
or recent homestead buyers). These are the
homeowners most in need of relief. Therefore, the amendment to the Joint
Resolution provides the 40% of median home value benefit to accelerate their
savings. This is called the
“Guaranteed
SOH Benefit.”
•
The homeowner will continue to build an Accumulated SOH Benefit. Once the
Accumulated SOH Benefit is greater than the guaranteed benefit, the homeowner
will utilize the Accumulated SOH Benefit. The Accumulated SOH Benefit will
continue to apply to school taxes, even if using the Guaranteed SOH Benefit for
non-school taxes.
•
If the homeowner decides to move to a new homestead, she can port her
Accumulated SOH Benefit
to it. She can then apply the greater of the
Accumulated SOH Benefit or the Guaranteed SOH Benefit.
•
It might help to think of it this way: While a homestead owner is
using the
Guaranteed SOH Benefit, the Accumulated SOH Benefit will remain
“in her back
pocket.
” She might not be using it,
but she keeps it with her. Once the
Accumulated SOH Benefit would save her more money, she can take it out of her
pocket and apply it to her property in perpetuity.
•
In this way, the amendment Joint
Resolution completely preserves Save Our
Homes.
What’s new is that many homestead owners will receive Save
Our Homes
savings immediately, rather than having to wait years to enjoy meaningful savings.
•
In fact, 54% of homestead properties
in Florida will immediately save more
money by using the Guaranteed SOH Benefit, rather than using the Accumulated
SOH Benefit.
•
All other homestead owners will continue to use their Accumulated
SOH Benefit
because it saves them more money. These homestead owners get the benefit of
portability when they decide to move, and it will be easier to sell their homes since
every potential homebuyer will be eligible for the immediate Guaranteed SOH
Benefit.
17
4. Creates a 5% annual assessment cap for ALL non-homestead properties in
Florida.
5
•
The amendment to the SJR limits the annual growth of assessed value
for
non-homestead residential and business properties to 5%.
•
For non-homestead housing properties, the accumulated assessment
limitation will expire at change of ownership.
•
For business properties, the assessment limitation remains with
the property
until there has been a substantial modification to the improvements (i.e.,
construction) on the property or a change of use of the property, as defined by
the Legislature.
•
For the first time, all properties in Florida will have guaranteed protections
against unexpected and substantial assessment hikes. The cap will use a base
year of 2008, which means the cap will begin shield properties from taxation in
2009.
•
Properties benefiting from the new 5% cap include small businesses,
apartment buildings, second homes, and rental housing – ensuring that many
taxpayers who are currently overburdened receive protections into the future.
5
In
the House Policy & Budget Council, several members jointly sponsored an amendment that authorized a
3% cap for all non-homestead properties [Representative Saunders (D), Chairman Mayfield (R), and Majority
Leader Hasner (R)]. The vote on that amendment passed with bi-partisan support by 26-4 (21 Republicans
and 5 Democrats in favor, 4 Democrats in opposition). Senator Posey sponsored an amendment on the
Senate Floor to create a 3% assessment cap for non-homestead properties, which failed by a voice vote.
Chairman Bean (R) and Representative Traviesa (R) sponsored a bill (with an identical companion by Senator
Baker) in the 2007 Regular Session to cap assessments on commercial properties to 5%.
18
The Non-Homestead Cap & Save Our Homes
Various media reports have erroneously asserted that creating a 5% cap for nonhomestead
properties undermines the protections of the 3% assessment cap for
homestead properties. The assertion holds that new tax protections for nonhomesteads
will result in a tax shift to homesteads. This is fails to account for several
considerations:
•
First, nothing in the Joint Resolution
changes the 3% Save Our Homes cap. The
only revisions to Save Our Homes offer
more protections,
not less (portability and the
Guaranteed SOH Bnefit).
•
Second, the Legislature recently
passed a stringent revenue cap on local
governments, which will continually suppress millage rates and protect against
a tax shift
. Prior to this revenue cap, local governments may
have increased tax
rates to compensate for the 5% cap. However, the revenue cap will not allow local
governments to raise tax rates without a supermajority vote.
•
Third, the 5% cap is much looser than a 3% cap and will therefore
not cut as deeply
into local revenues or invite a tax shift to homestead properties. Historical data
shows that the average rate of appreciation for business properties in Florida over a
20-year span is less than 5%. The purpose of a 5% cap is only to protect businesses
from unexpected and substantial assessment increases of 7%, 10%, 15%, or even
20% -- as has often occurred in recent years in certain areas.
5. Creates a new Tangible Personal Property Exemption of $25,000 for business
properties.
•
The Joint Resolution authorizes a new
exemption for Tangible Personal
Property of $25,000.
6
•
For the average commercial property, this creates
savings of $450 (assuming
an aggregate tax rate of 17 mills, which is near the statewide average).
•
Those property owners with less than $25,000 worth of tangible personal
property will
no longer have to file detailed returns,
thereby alleviating an
often cumbersome administrative burden.
•
Approximately 1 million of Florida’s 1.3 million businesses
will receive a total
exemption from the tangible personal property tax.
•
This provision does apply to school tax levies. If this provision exempted
schools, businesses would save money but still be required to file annual
returns. This would undermine the purpose of completely removing the
administrative burden of filing annual returns.
19
6
HJR 7001D authorizes the new tangible personal property exemption
to be created by general law. HB
7003D includes implementing language to set the exemption at $25,000.
6. Provides tax protections for properties used for affordable housing.
•
Authorizes property used for affordable
housing to be assessed at less than
just value
, thereby lowering the tax bill. Property owners, in turn, will
be able
to pass those savings on to tenants.
•
Property appraisers will be directed to assess
properties based on actual
operating net income
rather than on the fair market value for the property.
Thus, a rent-restricted apartment complex will be taxed based on the income it
generates, rather than the income it could
potentially generate
if used for
something other than affordable housing.
7. Provides tax protections for Florida’s working waterfront properties.
•
The Joint Resolution authorizes the Legislature to create statutory
procedures
for
assessing property used for working waterfronts at less than fair
market value
, thereby lowering the tax bill.
8. Instills voter accountability for all local property appraisers.
•
The Joint Resolution specifies that all
property appraisers in Florida must be
elected by local voters
.
•
This will address concerns in those jurisdictions where the property
appraisers
are hired by the mayor or commissioners and make sure that the property
appraisers are accountable to the voters.
•
The amendment to the Joint Resolution accommodates Volusia County’s
unique situation of vesting the traditional powers of a property appraiser in an
officer of a different name.
9. Requires the Legislature to limit local governments’ authority to increase
property taxes.
•
The Joint Resolution requires the
Legislature, by general law, to adopt a
limitation on local governments’ authority to raise property taxes
.
•
The provisions of HB 1B, passed during Special Session 2007B, satisfy
this
requirement by placing property revenue tax revenue caps on local taxing
authorities. By placing this provision in the Constitution, taxpayers will have
the assurance that the revenue cap will exist in future years.
20
Authorizing a Special Election
HB 7005D
Background
The Florida Constitution stipulates that a special election may only be called by a
three-fourths vote in the House and Senate. The bill authorizing the special
election must have no other subject matter than the authorization of the special
election.
Summary of the Bill
HB 7005D authorizes a special election for a public vote on SJR 2D. The Special
Election will coincide with the Florida Presidential Preference Primary on January
29, 2008.
•
Delaying consideration of the property tax reform amendment would
mean it
could not be implemented until 2009 tax bills are issued.
Placing the
proposed constitutional amendment on the ballot in January 2008 makes
the new reforms and savings available for tax bills in November 2008.
•
Note: Florida’s election law creates a “closed”
primary, wherein only registered
members of a party can vote for candidates of that party.
However, voters of
all political affiliations may vote on the proposed constitutional
amendment.
What Happens Next?
HB 7003D requires approval by a
simple majority in
both chambers before
presentment to the Governor. SJR 2D requires approval by
three-fifths of each
chamber in order to place the measure before the voters. HB 7005D requires a
threefourths
vote in both chambers in order to authorize a special election for
consideration of the proposed constitutional amendment.
The Constitution requires 90-days notice of a proposed constitutional amendment.
HB 7005D places the property tax reform amendment on the January 29, 2008 ballot;
thus, the Legislature must approve SJR 2D by October 28, 2007.
21
Appendix A: Homeowner Scenarios
Overview
This appendix provides examples of how the proposed property tax plan will benefit
various types of homeowners according to whether they stay in their current homes,
move to a more expensive home, move to a less expensive home, or buy their first
home. The examples are grouped according to three different types of counties: low,
medium, and high property values.
None of these example counties is identical to a real county in Florida. However, to
provide context, here are examples of real Florida counties that have similar property
values to these example counties:
1) Pages 25 – 27: A typical
low property value county
with a median home
value near $75,000 (e.g., Gadsden, Putnam, and Hardee)
2) Pages 28 – 30: A typical
medium property value county
with median home
value near $150,000 (e.g., Hernando, Alachua, and Pasco)
3) Pages 31 – 33: A typical
high property value county
with a median home
value near $250,000 (e.g., Palm Beach, Broward, and Martin)
Note:
The following pages (23-24) have county-by-county median home value
data.
Methodology
22
Each example uses a standard rate of 16.94 mills (7.24 mills for school levies and 9.70
mills for aggregated non-school levies), which is near the statewide average. For
homeowners with a large Accumulated SOH Benefit, 60% of just value was used to
calculate the SOH benefit. For homeowners with a small Accumulated SOH Benefit,
20% of just value was used to calculate the SOH benefit.
County by County Median Home Values
23
County 40% Of
Median Home Value
2007 Median
Home Value
Dixie $ 18,700 $ 46,750
Liberty $ 20,566 $ 51,416
Holmes $ 20,842 $ 52,104
Calhoun $ 22,765 $ 56,912
Taylor $ 23,245 $ 58,114
Jackson $ 24,156 $ 60,390
Washington $ 24,448 $ 61,121
Madison $ 24,488 $ 61,219
Hamilton $ 25,255 $ 63,138
Lafayette $ 29,052 $ 72,629
Union $ 29,063 $ 72,659
Gadsden $ 29,445 $ 73,613
Putnam $ 29,703 $ 74,258
Hardee $ 30,446 $ 76,114
Bradford $ 33,066 $ 82,665
Jefferson $ 33,492 $ 83,730
Suwannee $ 34,381 $ 85,954
Levy $ 35,698 $ 89,245
Glades $ 36,869 $ 92,172
Gilchrist $ 36,959 $ 92,397
Columbia $ 37,867 $ 94,667
Baker $ 38,901 $ 97,252
Wakulla $ 41,168 $ 102,919
Escambia $ 41,812 $ 104,530
Hendry $ 43,634 $ 109,085
Okeechobee $ 45,619 $ 114,047
Desoto $ 46,414 $ 116,035
Gulf $ 46,952 $ 117,380
Citrus $ 50,920 $ 127,300
Walton $ 51,366 $ 128,416
Highlands $ 51,877 $ 129,692
Marion $ 56,462 $ 141,155
Santa Rosa $ 56,706 $ 141,766
Polk $ 57,179 $ 142,947
Hernando $ 58,602 $ 146,506
Alachua $ 59,960 $ 149,900
Pasco $ 62,056 $ 155,141
Franklin $ 63,699 $ 159,247
Sumter $ 64,298 $ 160,746
Bay $ 64,363 $ 160,909
County 40% Of Median
Home Value
2007 Median
Home Value
Clay $ 64,714 $ 161,786
Duval $ 65,008 $ 162,519
Nassau $ 66,382 $ 165,956
Lake $ 66,907 $ 167,268
Leon $ 67,245 $ 168,112
Brevard $ 68,400 $ 171,000
Okaloosa $ 68,658 $ 171,645
Pinellas $ 69,720 $ 174,300
Indian River $ 70,298 $ 175,745
Saint Lucie $ 71,440 $ 178,600
Volusia $ 72,983 $ 182,457
Charlotte $ 73,175 $ 182,937
Hillsborough $ 73,948 $ 184,871
Flagler $ 75,351 $ 188,377
Osceola $ 81,080 $ 202,700
Orange $ 88,633 $ 221,582
Lee $ 90,612 $ 226,530
Manatee $ 91,005 $ 227,513
Seminole $ 92,320 $ 230,801
Sarasota $ 93,000 $ 232,500
Palm Beach $ 101,354 $ 253,386
Broward $ 101,648 $ 254,120
Martin $ 104,000 $ 260,000
Saint Johns $ 104,733 $ 261,832
Dade $ 106,894 $ 267,235
Collier $ 141,292 $ 353,230
Monroe $ 208,436 $ 521,091
24
C
OUNTY WITH LOW PROPERTY
VALUES
For the following examples, a county with a median property value of
$75,000
is used.
Low-income Senior with Large Current SOH Benefit
Guaranteed SOH benefit = 100% of median county value
Staying
Ms. Valdes is 85 years old and has owned her home, which has a just value of $150,000,
for many years. Her Accumulated SOH Benefit is worth $90,000, and her Guaranteed
SOH Benefit of 100% is worth $75,000. Therefore, if she chooses to remain in her
home, she will continue to apply the Accumulated SOH Benefit.
7
Downsizing
If Ms. Valdes chooses to sell her current home and buy a less expensive home with a
just value of $90,000, her Accumulated SOH Benefit is now worth $54,000 because she
ported it. Her Guaranteed SOH Benefit is still worth $75,000 because of protection for
low income seniors. Therefore, she will apply the Guaranteed SOH Benefit, which will
result in a
tax savings of $631.
Low-income Senior with Small Current SOH Benefit
Guaranteed SOH benefit = 100% of median county value
Staying
Richard and Sarah are in their 70s and have owned their home, which has a just value
of $75,000, for just a few years. Their Accumulated SOH Benefit is worth $15,000, and
their guaranteed SOH benefit is worth $75,000. Therefore, if they choose to remain in
their home, they will apply the Guaranteed SOH Benefit, which will result in a
tax
savings of $485
.
Upsizing
If Richard and Sarah choose to sell their current home and buy a more expensive home
with a just value of $90,000, their Accumulated SOH Benefit is still worth $15,000 after
porting it. Their Guaranteed SOH Benefit is also still worth $75,000. Therefore, they
will apply the Guaranteed SOH Benefit, which will result in a
tax savings of
$631.
Downsizing
If Richard and Sarah choose to sell their current home and buy a less expensive home
with a just value of $60,000, their Accumulated SOH Benefit is now worth $12,000
because they ported it. Their Guaranteed SOH Benefit is still worth $75,000.
Therefore, they will apply the Guaranteed SOH Benefit, which will result in a
tax
savings of $340
.
7
Because this homeowner has a substantial accumulated SOH benefit,
she will not need the guaranteed
benefit. Therefore, she will not see any additional savings unless she moves, at which time she will enjoy the
new benefit of portability.
25
C
OUNTY WITH LOW PROPERTY
VALUES
For the following examples, a county with a median property value of
$75,000
is used.
Homeowner with Large Current SOH Benefit
Guaranteed SOH benefit = 40% of median county value
Staying
Byron and Rachel are in their 50s and have owned their home, which has a just value
of $112,500, for many years. Their Accumulated SOH Benefit is worth $67,500, and
their Guaranteed SOH Benefit is worth $30,000. Therefore, if they choose to remain in
their home, they will continue to apply the Accumulated SOH Benefit.
8
Upsizing
If Byron and Rachel choose to sell their current home and buy a more expensive home
with a just value of $150,000, their Accumulated SOH Benefit is still worth $67,500 after
porting it. Their Guaranteed SOH Benefit is also still worth $30,000. Therefore, they
will apply the Accumulated SOH Benefit, which will result in a
tax savings
of $655.
Downsizing
If Byron and Rachel choose to sell their current home and buy a less expensive home with
a just value of $90,000, their Accumulated SOH Benefit is now worth $54,000 because they
ported it. Their Guaranteed SOH Benefit is still worth $30,000. Therefore, they will apply
the Accumulated SOH Benefit, which will result in
tax savings of $524.
Homeowner with Small Current SOH Benefit
Guaranteed SOH benefit = 40% of median county value
Staying
Kim and Garrett are in their 40s and have owned their home, which has a just value of
$75,000, for just a few years. Their Accumulated SOH Benefit is worth $15,000, and
their Guaranteed SOH Benefit is worth $30,000. Therefore, if they choose to remain in
their home, they will apply the Guaranteed SOH Benefit, which will result in a
tax
savings of $243
.
Upsizing
If Kim and Garrett choose to sell their current home and buy a more expensive home
with a just value of $90,000, their Accumulated SOH Benefit is still worth $15,000 after
porting it. Their guaranteed SOH benefit is also still worth $30,000. Therefore, they
will apply the Guaranteed SOH Benefit, which will result in a
tax savings of
$291.
Downsizing
If Kim and Garrett choose to sell their current home and buy a less expensive home with a
just value of $60,000, their Accumulated SOH Benefit is now worth $12,000 because they
ported it. Their Guaranteed SOH Benefit is still worth $30,000. Therefore, they will apply
the guaranteed SOH benefit, which will result in a
tax savings of $116.
26
8
Because this homeowner has a substantial accumulated SOH benefit,
he will not need the guaranteed
benefit. Therefore, he will not see any additional savings unless he moves, at which time he will enjoy the
new benefit of portability.
C
OUNTY WITH LOW PROPERTY
VALUES
For the following examples, a county with a median property value of
$75,000
is used.
First-time Homestead Buyer
Guaranteed SOH benefit = 40% of median county value
Buying
Chuck is a 30-year-old bachelor buying his first home, which has a just value of
$56,250. Being a first-time homeowner, he has no Accumulated SOH Benefit. Chuck’s
Guaranteed SOH Benefit is worth $6,200. Therefore, he will apply the Guaranteed SOH
Benefit, which will result in a
tax savings of $60.
27
C
OUNTY WITH MEDIUM PROPERTY VALUES
For the following examples, a county with a median property value of
$150,000
is used.
Low-income Senior with Large Current SOH Benefit
Guaranteed SOH benefit = 100% of median county value
Staying
Ms. Valdes is 85 years old and has owned her home, which has a just value of $300,000,
for many years. Her Accumulated SOH Benefit is worth $180,000, and her Guaranteed
SOH Benefit is worth $150,000. Therefore, if she chooses to remain in her home, she
will continue to apply the Accumulated SOH Benefit.
9
Downsizing
If Ms. Valdes chooses to sell her current home and buy a less expensive home with a
just value of $180,000, her Accumulated SOH Benefit is now worth $108,000 because
she ported it. Her Guaranteed SOH Benefit is still worth $150,000. Therefore, she will
apply the Guaranteed SOH Benefit, which will result in a
tax savings of $1,504.
Low-income Senior with Small Current SOH Benefit
Guaranteed SOH benefit = 100% of median county value
Staying
Richard and Sarah are in their 70s and have owned their home, which has a just value
of $150,000, for just a few years. Their Accumulated SOH Benefit is worth $30,000, and
their Guaranteed SOH Benefit is worth $150,000. Therefore, if they choose to remain
in their home, they will apply the Guaranteed SOH Benefit, which will result in a
tax
savings of $1,213
.
Upsizing
If Richard and Sarah choose to sell their current home and buy a more expensive home
with a just value of $180,000, their Accumulated SOH Benefit is still worth $30,000 after
porting it. Their Guaranteed SOH Benefit is also still worth $150,000. Therefore, they
will apply the Guaranteed SOH Benefit, which will result in a
tax savings of
$1,504.
Downsizing
If Richard and Sarah choose to sell their current home and buy a less expensive home
with a just value of $120,000, their Accumulated SOH Benefit is now worth $24,000
because they ported it. Their Guaranteed SOH Benefit is still worth $150,000.
Therefore, they will apply the Guaranteed SOH Benefit, which will result in a
tax
savings of $922
.
28
9
Because this homeowner has a substantial accumulated SOH benefit,
she will not need the guaranteed
benefit. Therefore, she will not see any additional savings unless she moves, at which time she will enjoy the
new benefit of portability.
C
OUNTY WITH MEDIUM PROPERTY VALUES
For the following examples, a county with a median property value of
$150,000
is used.
Homeowner with Large Current SOH Benefit
Guaranteed SOH benefit = 40% of median county value
Staying
Byron and Rachel are in their 50s and have owned their home, which has a just value
of $225,000, for many years. Their Accumulated SOH Benefit is worth $135,000, and
their Guaranteed SOH Benefit is worth $60,000. Therefore, if they choose to remain in
their home, they will continue to apply the Accumulated SOH Benefit.
10
Upsizing
If Byron and Rachel choose to sell their current home and buy a more expensive home
with a just value of $300,000, their Accumulated SOH Benefit is still worth $135,000
after porting it. Their Guaranteed SOH Benefit is also still worth $60,000. Therefore,
they will apply the Accumulated SOH Benefit, resulting in a
tax savings of
$1,310.
Downsizing
If Byron and Rachel choose to sell their current home and buy a less expensive home with
a just value of $180,000, their Accumulated SOH Benefit is now worth $108,000 because
the y ported it. Their Guaranteed SOH Benefit is still worth $60,000. Therefore, they apply
the Accumulated SOH Benefit, resulting in
tax savings of $1,048.
Homeowner with Small Current SOH Benefit
Guaranteed SOH benefit = 40% of median county value
Staying
Kim and Garrett are in their 40s and have owned their home, which has a just value of
$150,000, for just a few years. Their Accumulated SOH Benefit is worth $30,000, and their
Guaranteed SOH Benefit is worth $60,000. Therefore, if they choose to remain in their
home, they will apply the Guaranteed SOH Benefit, resulting in
tax savings
of $582.
Upsizing
If Kim and Garrett choose to sell their current home and buy a more expensive home
with a just value of $180,000, their Accumulated SOH Benefit is still worth $30,000 after
porting it. Their Guaranteed SOH Benefit is also still worth $60,000. Therefore, they
will apply the Guaranteed SOH Benefit, which will result in a
tax savings of
$582.
Downsizing
If Kim and Garrett choose to sell their current home and buy a less expensive home with a
just value of $120,000, their Accumulated SOH Benefit is now worth $24,000 because they
ported it. Their Guaranteed SOH Benefit is still worth $60,000. Therefore, they will apply
the Guaranteed SOH Benefit, which will result in a
tax savings of $582.
29
10
Because this homeowner has a substantial accumulated SOH benefit,
he will not need the guaranteed
benefit. Therefore, he will not see any additional savings unless he moves, at which time he will enjoy the
new benefit of portability.
C
OUNTY WITH MEDIUM PROPERTY VALUES
For the following examples, a county with a median property value of
$150,000
is used.
First-time Homestead Buyer
Guaranteed SOH benefit = 40% of median county value
Buying
Chuck is a 30-year-old bachelor buying his first home, which has a just value of
$112,500. Being a first-time homeowner, he has no Accumulated SOH Benefit.
Chuck’s Guaranteed SOH Benefit is worth $60,000. Therefore, he will apply the
Guaranteed SOH Benefit, which will result in a
tax savings of $582.
30
C
OUNTY WITH HIGH PROPERTY VALUES
For the following examples, a county with a median property value of
$250,000
is used.
Low-income Senior with Large Current SOH Benefit
Guaranteed SOH benefit = 100% of median county value
Staying
Ms. Valdes is 85 years old and has owned her home, which has a just value of $500,000,
f