SAVE OUR HOMES / AMENDMENT 10
The Save Our Homes Amendment of the State's Constitution was approved
by Florida voters in 1992 and put into effect in 1995. This amendment
places a limitation of 3% on any annual assessment increases on Homestead
Properties in Florida.
Property granted Homestead shall be assessed at full
market value (just value) as of January 1 of the year
in which the property receives the exemption. In subsequent
years, the assessed value of homestead exempt property
will not increase more than 3% or the percentage change
in the Consumer Price Index, whichever is less. There
are exceptions to that limitation, including new construction
or additions which are found to have escaped taxation
in the past. Also, the limitation does not apply the
year following a change of ownership.
FREQUENTLY ASKED QUESTIONS
- What is the Save Our Homes
amendment?
- Section 193.155(1) of the Florida Statutes was
enacted to implement an amendment to the state constitution
to limit annual increases in property value assessments
on real property qualifying for and receiving homestead
exemption.
- How does the amendment limitation
apply?
- Real property shall be assessed at full market
value (just value) as of January 1 of the year in
which the property first receives the homestead exemption.
The following year the property is reassessed
and any changes from the prior year's value is
not to exceed the lesser of 3% of that prior
year assessed value or the Consumer Price Index
(CPI) change, with the exception of changes,
additions or improvements.
- How is my property affected?
- The year following the granting of homestead exemption
the property is subject to the limitation.
- What about any changes,
additions or improvements to the homestead property?
- New construction or additions shall be assessed
at full market value as of the first January 1 after
the changes are substantially completed. In these
circumstances, it is possible that the assessed value
may exceed the amendment limitations. However; after
the first year that the changes are assessed at full
market value, they also are subject to the amendment
limitations.
- What properties are not
subject to the limitation?
- Residences without homestead, non-residential property,
vacant land, tangible personal property, commercial
property, and agricultural property, are not eligible
for the amendment limitation.
- Why would my assessment
increase when my market value stayed the same?
- This is probably due to the "recapture" rule.
In 1995, the Department of Revenue adopted a rule
approved by the Governor and Cabinet directing property
appraisers to raise the assessed value of a qualifying
homestead property by the maximum of 3% or the Consumer
Price Index, whichever is less, on all properties
assessed at less than full market value.
- What happens if a property
is sold or conveyed to a new owner?
- Once the property has been conveyed to the new
owner, it is raised to full market value January
1 of the following year. The new owner must apply
for and receive homestead exemption.
Even if the property received a homestead exemption
under the previous owner, the limitation, just
like the exemption, expires January 1 of the
year following a change of ownership.
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