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The Florida Legislature's 2018 Constitutional Amendment Proposals

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BRADENTON – In addition to the CRC initiated referendums, the Florida Legislature has placed three referendums on this November's ballot. They include a permanent cap on non-homestead parcel assessment increases; a homestead exemption increase amendment; and another that would require a two-thirds vote of legislature on any to increase taxes or fees.

Amendment 1

Text: Amendment 1 would provide for a homestead exemption on the portion of home values between $100,000 and $125,000, meaning the $25,000 between $100,000 and $125,000 of a home's value would be exempted from property taxes other than school district taxes. As of 2018, Section 6(a) of Article VII of the Florida Constitution provides for a homestead exemption on the portion of home values between (a) $0 and $25,000 and (b) $50,000 and $75,000.[1] If voters approve Amendment 1, the homestead exemption for a home valued at $200,000 would be $75,000. If voters reject Amendment 1, the homestead exemption for a home valued at $200,000 would remain at $50,000.

While few taxpayers are likely to view increasing their homestead exemption as a bad thing, it could have a crippling effect on local governments (Manatee County estimates it would cost approximately $9 million on its next budget should it pass), forcing counties to either raise the millage rate to offset the increased exemption, cut services, or levy more fees to make up the difference.

Amendment 2

Text: LIMITATIONS ON PROPERTY TAX ASSESSMENTS.–Proposing an amendment to the State Constitution to permanently retain provisions currently in effect, which limit property tax assessment increases on specified non-homestead real property, except for school district taxes, to 10 percent each year. If approved, the amendment removes the scheduled repeal of such provisions in 2019 and shall take effect January 1, 2019.

Unlike amendment 1, Amendment 2 has no real opposition. It simply makes permanent an existing cap meant to protect skyrocketing assessments from pricing people out of their non-homesteaded properties.

Amendment 5

Text:SUPERMAJORITY VOTE REQUIRED TO IMPOSE, AUTHORIZE, OR RAISE STATE TAXES OR FEES.–Prohibits the legislature from imposing, authorizing, or raising a state tax or fee except through legislation approved by a two-thirds vote of each house of the legislature in a bill containing no other subject. This proposal does not authorize a state tax or fee otherwise prohibited by the Constitution and does not apply to fees or taxes imposed or authorized to be imposed by a county, municipality, school board, or special district.

While tax-cut hawks will certainly love any policy that limits the legislature's ability to raise taxes and fees, opponents argue that such an amendment would seriously handcuff legislators as they struggle to fund vital programs in each year's budget, a process that they must complete in an already overcrowded annual 60-day session.

A 60 percent super-majority vote is required for any of the constitutional amendment initiatives to pass.

Next week, we'll take a look at the citizen and group initiated proposals that will appear on November's ballot. For more information on these and other ballot initiatives on this November's ballot, visit Ballotpedia's 2018 Florida ballot initiative page.

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