In addition to the Constitution Revision Commission (CRC), meeting every 20 years, Florida also has a commission named the Taxation & Budget Revision Commission (TBRC) which also meets every twenty years and the last commission was in 2008. However, there are budget amendments on the 2018 Florida ballot. Three amendments are noted as legislatively-referred constitutional amendments. 49 states have a law in place for citizens to vote on these types of proposed constitutional amendments. Florida is the only state that has several commissions that meet to address changes to their constitution.
The three amendments proposed by Florida's legislation are:
Amendment1– Increase Homestead Property Tax Exemption
Amendment 2 – Limitation of Property Tax Assessments
Amendment 5 – Supermajority Vote Required to Impose, Authorize, or Raise State Taxes or Fees
Amendment 1 proposes to increase the homestead exemption for homes in the state of Florida over the value of $100,000. The ballot summary reads, "Proposing an amendment to the State Constitution to increase the homestead exemption by exempting the assessed valuation of homestead property greater than $100,000 and up to $125,000 for all levies other than school district levies. The amendment shall take effect on January 1, 2019."
The median property tax value of a home in the state of Florida is $182,400. In Orlando, the median home value is appraised at $228,600. Currently, 3.34% of Orange Counties homeowners property tax is part of the county's yearly income. To decrease this amount by any percentage causes the state and counties to find other avenues to recover this loss. In addition, if small counties are unable to recover the loss this will backfire as they will be forced to reduce their public services.
Amendment 2 proposes to limit property tax assessment increases on a specified non-homestead real property, with the exception of school district taxes, to 10 percent each year. In 2008, voters approved the 10 percent cap but is set to expire in January 2019. The ballot summary reads, "Proposing an amendment to the State Constitution to permanently retain provisions currently in effect, which limit property tax assessment increases on a 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 on January 1, 2019."
If this amendment is not made permanent the assessment of commercial property taxes will revert to full property value. This amendment is important to all Floridians and if fails the results can be a burden on everyone.
Amendment 5 proposes to require two-thirds of the legislature to increase taxes or fees amendments. This means each chamber of the Florida State Legislature must have a two-thirds with the exception of corporate income tax. The ballot summary reads, "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. "
This means a tax increase or fee amendment cannot be increased unless a single party controlled a majority of the seats in the state Senate and the state House. This amendment also states no other subject can be carried with this vote. There are 15 states that require a supermajority vote.
Final thoughts on these three amendments.
Amendment 1 has its merits for homeowners that want to save a few hundred dollars on their taxes. What it does not do is benefit every Floridian and if passed will eventually be a burden as well. The counties that don't get the benefit of the income from the tax will eventually cause them to cut costs in other places like school funding, and municipal services. The government agencies could find a way to recoup the loss, by increasing sales tax, gas tax, or enact a state wage tax.
Amendment 2 needs to be passed because it is in place and has been in place since 2008. It will expire in January 2019, and if we fail to pass it will become another financial burden to the taxpayers. Non-homestead property taxes will increase which causes a burden on business, and Floridians will be affected by either raising prices to absorb the costs or reducing their workforce.
Amendment 5 is just common sense. The state should have enacted this amendment in 1968 instead of the CRC and maybe we would not have a commission every ten to twenty years to review our constitution.
In my opinion, Amendment 2 and 5 are the two most important amendments on this year's Florida ballot.