February 21, 2007
Today, the leadership of the Florida House of Representatives released a far-reaching
plan to reduce property taxes. They are certainly not being timid. It includes a major
roll-back of current property tax rates, replacing all property taxes on homestead property with a 2.5% increase in the sales tax and then limiting the ability of local
governments to increase millage rates and property tax revenue.
Statutory Changes
First, the plan proposes an immediate reduction in local millage rates for all jurisdictions
except school districts. The average savings is expected to be 19%, which would be reflected in taxpayers' next tax bill. To calculate the new rates, local governments would
have to go back to their 2000-01 tax rate and then calculate the rolled-back rate for each
subsequent year. A "rolled-back rate" is the millage rate that will raise the same amount
of revenue on the new tax base that was raised last year. Only growth in revenue from new construction, improvements, and annexations is allowed. The rolled-back rate
would then be adjusted for inflation. In effect, local governments' new millage rates
would only allow for revenue to grow from 2000-01 by new construction and inflation.
School districts and taxes levied to pay bonds would be exempt from this roll-back.
Initial estimates show that this would reduce local revenues by:
Counties: 29% Cities: 38% Special Districts: 40%
Tax reductions would total $5.77 billion statewide.
The revenue cap may be exceeded with a majority plus one or two-thirds vote,
whichever is greater, of the governing authority. If a local government exceeded the cap
without a supermajority vote, it would lose state revenue sharing funds.
Constitutional Changes
The House also proposes a constitutional amendment to replace all property taxes
(including school districts) on homestead property with a 2.5-percent increase in the
state sales tax rate, increasing it from 6% to 8.5%. This would be the highest in the nation. With local option sales taxes, the tax rate in some Florida counties would be a
high as 10%.
Eliminating taxes on homestead property would cost $13.55 billion. The 2.5% sales tax
would raise $7.78 billion, meaning a revenue reduction of $5.77 billion. The increased
sales tax would be dedicated to local governments.
Future property taxes on non-homestead property would be limited in the manner
described above. School districts, which would not be required to calculate rolled-back
rates from 2000-01, would instead limit future growth by population and inflation.
A taxing authority could exceed the cap only with a unanimous vote of its governing
body.
To show "what's good for the goose is good for the gander", the proposed amendment
would also limit state revenues to the growth of population plus inflation, including retroactive application to 2000-01.
This cap would include state revenues used to match Medicaid. The state revenue
limitation may be exceeded in any year by a 2/3 vote of the membership of each legislative house. State revenues collected in excess of the limitation must be deposited
in the Budget Stabilization Fund or used for local government tax relief.
This would be a much stricter limitation than the one currently in place, which is based
on personal income growth and excludes Medicaid.
Concerns Exist, More Study Needed
This is a very bold and extremely ambitious effort that has a lot of good elements, some
of which Florida TaxWatch has previously recommended. The future limit on millage rates has been recommended by Florida TaxWatch and is essential to any real reform.
We have also recommended tightening the state revenue limitation.
Increasing Florida's sales tax in order to eliminate property taxes for homesteaded
owners raises the question of whether it is equitable and wise to exempt one large class
of taxpayer from such a significant source of government income, while increasing another tax that everyone pays to replace it. We would be replacing a proportional tax
with one that is more regressive. Issues of equity and tax fairness will have to be resolved.
It will cut the cost at one end, for homesteaded homeowners, but this tax shift will add
tremendous costs to business inputs, increase the cost of doing business in Florida, and
make us far less economically competitive with our neighboring states.
There are questions as to whether it is a good idea to have the highest sales tax rate in
the nation. It could create competitive problems, increase taxes for anyone who doesn't
currently pay property taxes, make Florida more expensive (and less desirable) for tourists, and create some major enforcement issues. With sales taxes that high, people
will search for ways to avoid them. It could also hasten the eroding of Florida's sales tax
collections from internet and other remote sales.
In trying to achieve needed results, Florida must make sure there are no unintended
consequences that could kill the goose that that laid the golden egg of economic vitality.
Another concern is that by eliminating property taxes for homesteaded homeowners, we'll be taking these voters almost entirely out of the local budgeting and spending
process, which is not healthy for a democratic republic.
Also, without a limit on overall local revenues, such a huge property tax cut will surely
result in other local taxes and fees, including special assessments and impact fees.
Florida TaxWatch, in a research report entitled Controlling Escalating Property Taxation and Local Government Spending and Revenue released in December by its Center for Local Government Studies, recommends repealing the Save Our Homes amendment,
allowing homeowners to keep the reduced assessments they currently enjoy and then
establishing limits on the growth of both millage rates and total local government revenues in the future. This is a system that protects taxpayers' current savings, keeps
inequities from getting worse and begins to equalize them, and, most importantly, holds
taxes down for all property owners in the future.
This is very much a work in progress and we stand ready to assist the Legislature,
Governor, and Taxation and Budget Reform Commission in their efforts to bring tax
fairness to all Florida taxpayers.