Florida's Proposed Super-exemption is Only a Start

Tax reform is one of the hottest topics in Florida realthat they could raise from homeowners, more and
estate these days. In the past month, we’vemore of the tax burden fell on the shoulders of
heard a lot of politicians applauding themselves forbusiness owners, landlords, first time home buyers
the passage of important new tax reform bills. Theyand snowbirds who own secondary residences here
deserve the applause – but only if they continuein Florida.
on the path they’ve begun. This is not the timeThe recent bills passed by the legislature are a
for them to rest on their laurels. It is important for allpositive step. The House bill does two things:
of us to remember that the lawmakers have only- It requires an immediate tax cut which will provide
partially addressed the inequities in the tax situation.much needed tax relief to all property owners in
A few facts are indisputable:Florida. Since this bill affects the overall tax revenues,
- Real estate taxes overall have doubled in the pastits benefits will be felt by everyone. In addition, the
ten years.tax cuts do not affect levies tied to education, which
- Save Our Homes has contributed to a serioushas been a major concern for many critics of the
inequity in the way that the tax burden isproposed tax cuts.
apportioned.- It caps the rate at which taxes can rise and ties it
- The combination of rising home values and risingto the rise in per capita income in individual
taxes has made owning real estate in Florida anmunicipalities, counties and districts. Thus, taxes can
expensive proposition.only rise in sync with rises in per capita income.
- The separation of property owners into “taxThe amendment proposed by the Senate addresses
castes” has had a serious depressing effect onthe inequities caused by Save Our Homes – but
the Florida real estate market.does not eliminate them because it does nothing to
- Tax reform must be a multi-pronged approachaddress the unequal distribution of the tax burden,
which addresses all of these issues.with the lion’s share of it falling on those who
Ten years ago, legislators realized that theown properties that are not their primary residences.
combination of rising home values and rising taxesThe proposed amendment begins the task of
had created a situation where many long timeunwinding Save Our Homes, and does so without
homeowners were in danger of losing their homes.sharply affecting those who currently benefit from it.
Because taxes are based on the home’sIt does not, however, address the fact that renters,
assessed value, the sudden burgeoning of home andsecond homeowners, investors and business owners
property values in many areas doubled andare unfairly shouldering more than their share of the
sometimes tripled taxes in a year. In order totax burden. Under the new plan, homeowners will
address the problem, the legislature passed Save Ourhave the option to keep their Save Our Homes cap
Homes. Save Our Homes was designed to limit theor move to the new system immediately. In fact,
rise of taxes on primary residences by limiting theabout 73% of homesteaders will benefit from an
rate by which their tax assessments could rise toimmediate change, as will new home buyers and first
3%. That means that if the home in which you livetime home buyers. Those who are better off under
was assessed at $100,000 last year, this year itsthe old system can elect to stay with it unless and
maximum assessment is $103,000 even if the actualuntil they move. Landlords and business owners will
value of your home rose to $400,000 this year.still pay more than their share of taxes because
Save Our Homes seemed like a good idea. Thethere is no exemption available to help them keep
intention was a good one – to ensure that norents and business expenses low.
one was forced out of their home because their taxThose who purchase new homes will receive the
bill had suddenly become unaffordable. Unfortunately,same level of tax exemption as those who have
Save Our Homes had some unexpectedlived in their homes for years, making the new
consequences due to oversights in the amendment.amendment fairer to all homesteaders rather than
- Save Our Homes is not portable. Thus, if yougiving those who have owned their properties longer
moved from one home to another of the exact– or who are buying their first homes – an
same market value, your tax bill could suddenly triple.unfair extra tax break.
The effect of this was to “trap” people inThe amendment also includes a personal property
homes because they’d be unable to afford theexemption for small business owners which will allow
taxes on a new home even though the home hadmost businesses to exempt $25,000 in personal
the exact same value. In fact, within a few years ofproperty from the property taxes, a substantial
the amendment’s passing, most people wouldbenefit. In addition, it allows the legislature to set
have seen tax increase if they moved to a homelower assessment standards for certain properties,
with a far lesser value.including waterfront and affordable housing
- The effect of Save Our Homes is indirectly tied toproperties, reserving the right to make further
the length of time that you’ve owned yourchanges as their benefits become clear.
property because the starting assessment is theWhile the proposed amendment and tax cut are not
market value of the home at the time that youcure-alls, they are an important first step in the right
bought it. Thus, two people living in identical condodirection. The Florida Association of Realtors applauds
units side by side in the same building could be payingthe passage of the tax reform bills and supports the
widely different property taxes because they boughtamendment that will be voted on by voters in
their units at different times.January. FAR also, however, makes it clear that they
- Save Our Homes only applies to primary residences.will hold lawmakers responsible for finishing the job
While this may suit the original intent of thethat they’ve begun. The new legislation will only
exemption, it has contributed to a rising inequity inmean anything if they continue to work toward
tax rates between homesteaders and those whorestructuring the Florida property tax system to
own property but do not live in it. Becauseprovide equitable distribution to all property owners in
municipalities were restricted in the amount of taxesFlorida – even those who do not have a vote.