Home | Sold Prices | Property Search | For Sellers | For Buyers | Financing | South Florida Realty Links | About | Tax Reform | News

On January 29, VOTE YES ON 1

Click here to download the following file in pdf form

Here are the details of the Property Tax Reform.  If you would like to print this and read at your leisure please click on text above.

Please e-mail your friends and colleagues  a link to this page.

 

 

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 governments1 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 districts2 (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 14th

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

COUNTY 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

COUNTY 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.

COUNTY 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

COUNTY 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.

COUNTY 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.

COUNTY 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

COUNTY 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