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Florida's Super Exemption: Definately better but not super for all

By
Real Estate Agent with Randy J. Chapman FL Lic. Real Estate Broker

How will the proposed Florida Super Exemption affect investors and second home buyers? This is an important question that is being asked more and more.

On the surface the benefits for owners of non-homestead property are not that great. However, depending on how the law is applied some relief should occur because the proposed amendment would level the assessed values of like-property equally.

Under the current Save Our Homes tax law a condo with a homestead and assessed at $125,000 in 2001 would receive the $25,000 exemption making the accessed value $100,000. Because of the three percent per year cap on the assessment, five years later the tax assessed value would be around $116,000.

A like-condo purchased in 2006 for $325,000 could be assessed at $300,000 based if the condo was a homestead and $325,000 if not a homestead. The assessment is based primarily but not totally on the purchase price. Under the current law we would have like-properties assessed at $112,500 and $300,000. This is just not fair. The politicians in 1992 when Save Our Homes passed had absolutely no foresight.

With the exception of homes grandfathered under the Save Our Homes exemption, the propose amendment would level the assessment equally. All the properties would be assessed the same and only then would the homestead exemption be applied. This is a definite step in the right direction.

One of the complaints myself and others have had is that the proposed amendment does not do enough to help investors and second home owners. These people are so important to our market. The second home owner uses the least amount of services  and pays the highest taxes. Let’s not forget these people have rights also.

It seems the legislature of 2007 only has slightly better foresight than their forefathers. Their vision is no farther than the next election.

I campaigned through letters and emails for a tax amendment very close to the one proposed. But I had hoped for a homestead exemption that would have been between 25% and 50% of the first $300,000 and 10% thereafter without a limit. The Super Exemption is 75% of the first $200,000 and 15% of the next $300,000.

With the smaller exemption I favored, residents with homesteads would have reduced their taxes by about 1/3 depending on the percentage. The tax savings on the proposed amendment is much higher especially on the lower end. It's too high.

The legislature in their haste failed to provide a plan that would spread the relief to all property taxpayers.  If taxes don’t come under control, the legislature will have “kill the goose that laid the golden egg.”

I’m in favor of grandfathering homesteads under the current Save Our Homes law. Not because I like it but as a necessary evil. The proposed amendment requires a 60% majority. It would be impossible to pass this amendment without the grandfathering provision.

Many people would like to make Save Our Homes portable. I am not certain how that would work but I can tell you I strongly oppose it. I don't want to tax residents out of their homes and that is why I support a homestead exemption that is higher for lower valued homes. But Save Our Homes is blatantly unfair. It's an example of the  myopic minds in Tallahassee.

The question Floridians have to decide in January is which is better: the current Save Our Homes law or the Super Exemption. That's an easy decision in my opinion.

However, the proposed amendment is meeting with a lot of resistance. Part of resistance results from the campaign of fear and ignorance being waged by some local government officials and municipal employees. They actually had a business plan that was distributed state wide to local governments on strategies to defeat the proposed amendment. They prey on residences fear of less police, fewer teachers and disappearing services.

Floridians have suffered huge increases in taxes over past several years. I’m still asking where has all the money gone? The truth is local governments are comprised of top heavy salaries and pork barrel projects.

I expect that resistance will lessen because the Super Exemption is far and away the better of the two laws. But, that is no guarantee it will pass. Right now one survey shows only an approval rate of 55 percent which would fall just short of the 60 percent needed.

I plan on attending an information seminar on the legislation. It is important as a realtor and a taxpayer to keep informed. We need to be able to explain the pros and cons of the proposed amendment and encourage Floridians to move forward and vote for approval.

 

Nick M.
Certified Residential Appraiser- West Palm Beach Real Estate - West Palm Beach, FL
Realtor-Appraiser in West Palm-South Florida Real Estate Appraiser

Hey Randy, if SOH disappears, i think i may too. Can't live in a market where prices and taxes would escalate 3 or 4 times higher than the raise in income from ear to year. but hey, i dont have the answer, so i'm not complaining or pointing any fingers.

i liked your point at the end.. where does all that extra tax money go?  i think you hit the nail on the head.

Aug 11, 2007 02:24 AM
Anonymous
Dennis N.

It the super exemption is so wonderful, and Save Our Homes worthless, why would every governmental agency in the state favor the elimination of the Save Our Homes ammendment???

FOLLOW THE MONEY!!!!

Save Our Homes is doing exactly what it was supposed to do.  Not tax me out of my home!!!  Without Save Our Homes, I could not afford to live in South Florida, or any other tolerable area of the State.

 Bear in mind that my and other Save Our Homes taxpayers are the ones who paid for the current existing infrastructure.  New buyers pay higher taxes to make up for that fact.

But what would you expect from a Realtor who is only caring about sales, not lifestyles. 

Aug 12, 2007 06:08 AM
#2
Anonymous
Dan. T

Take a minute and realize the facts. Property taxes are at an all time high and why is it ok to tax homes at seperate rates because of assesed values? Doesn't everyone receive the same priveledges? the bottom line is SOMETHING needs to be changed. Not all new home purchases are people looking to move to the sunshine state. Some families out grow their existing home and need to upgrade. Some people are starting new families for the first time. There are all kinds of reasons people buy new homes. How is it fair the NEW BUYERS pay higher taxes? Come on people; there has to be a fair way to tax all the homeowners here in Florida. Maybe we adopt the California rule of taxing 1% of assed value for all, or maybe we use a scale system. for example, tax all the same up to $100,000 and then 1/4 for any remainding value over $100,000. Then maybe an 1/8 after $500,000 & then 1/16 over a million. Whatever the final decision, it needs to be fair and AFFORDABLE for everyone.

Aug 19, 2007 10:14 AM
#3
Anonymous
Anonymous

The "SUPER EXEMPTION" scares me, and it will keep me prisoner in my home because I won't want to lose my SOH cap.  If they REALLY care and want to fix the propblem then why don't they add a 3% cap to the Super Exemption? That would make me comfortable. 

In Pinellas County on the tax appraiser site, it has a "Super Exemption" calculator.  I have been looking a homes for sale and I haven't found a case yet where the Super Exemption doesn't cost more in taxes in just a few years! 

This concerns me so much, that I feel like I need to move into our forever home now before this passes.

 

Aug 21, 2007 02:28 PM
#4
Sherry Armstrong
RE/MAX Property Centre - Ormond Beach, FL
Daytona Beach FL real estate
Randy, I understand your comments. If taxes rise significantly, we won't be able to stay here. I think it will drive even more people from the state and we're not getting people coming in from other states anymore. Between taxes, insurance and the rate of short sales/foreclosures, I want to know who'll be staying here. The tax system needs a huge overhaul and we need the legislators to help guide us in that direction. What Crsit has done is bandaid therapy and doesn't really address the problem. And voters won't understand what they're supposed to be voting on.
Aug 21, 2007 03:22 PM
Nick M.
Certified Residential Appraiser- West Palm Beach Real Estate - West Palm Beach, FL
Realtor-Appraiser in West Palm-South Florida Real Estate Appraiser

I agree with 'anonymous' above.. a combinaton of the two would be best. The super exemption is not the better choice (in most cases), since it is higher than the SOH cap after 5 years or so.

Randy, i see that at the end of your post you think the super exemptio is the better route. Would you point out why, since the taxes will be higher after 5 years or so.

Like I said above.. where is all that extra tax money going from the raise in value & taxes in the past 3 years?. The salaries of the 'big wigs' needs to be cut. Spending monitored by external entities.. and portability included in there also.

 

Aug 22, 2007 12:43 AM