HJR 1571

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 4 of
3Article VII of the State Constitution to provide an
4additional circumstance for assessing homestead property
5at less than just value.
6
7Be It Resolved by the Legislature of the State of Florida:
8
9     That the following amendment to Section 4 of Article VII of
10the State Constitution is agreed to and shall be submitted to
11the electors of this state for approval or rejection at the next
12general election or at an earlier special election specifically
13authorized by law for that purpose:
14
ARTICLE VII
15
FINANCE AND TAXATION
16     SECTION 4.  Taxation; assessments.--By general law
17regulations shall be prescribed which shall secure a just
18valuation of all property for ad valorem taxation, provided:
19     (a)  Agricultural land, land producing high water recharge
20to Florida's aquifers, or land used exclusively for
21noncommercial recreational purposes may be classified by general
22law and assessed solely on the basis of character or use.
23     (b)  Pursuant to general law tangible personal property
24held for sale as stock in trade and livestock may be valued for
25taxation at a specified percentage of its value, may be
26classified for tax purposes, or may be exempted from taxation.
27     (c)  All persons entitled to a homestead exemption under
28Section 6 of this Article shall have their homestead assessed at
29just value as of January 1 of the year following the effective
30date of this amendment. This assessment shall change only as
31provided herein.
32     (1)  Assessments subject to this provision shall be changed
33annually on January 1st of each year; but those changes in
34assessments shall not exceed the lower of the following:
35     a.  Three percent (3%) of the assessment for the prior
36year.
37     b.  The percent change in the Consumer Price Index for all
38urban consumers, U.S. City Average, all items 1967=100, or
39successor reports for the preceding calendar year as initially
40reported by the United States Department of Labor, Bureau of
41Labor Statistics.
42     (2)  No assessment shall exceed just value.
43     (3)  After any change of ownership, as provided by general
44law, homestead property shall be assessed at just value as of
45January 1 of the following year, unless the provisions of
46subsection (8) apply. Thereafter, the homestead shall be
47assessed as provided herein.
48     (4)  New homestead property shall be assessed at just value
49as of January 1st of the year following the establishment of the
50homestead, unless the provisions of subsection (8) apply. That
51assessment shall only change as provided herein.
52     (5)  Changes, additions, reductions, or improvements to
53homestead property shall be assessed as provided for by general
54law; provided, however, after the adjustment for any change,
55addition, reduction, or improvement, the property shall be
56assessed as provided herein.
57     (6)  In the event of a termination of homestead status, the
58property shall be assessed as provided by general law.
59     (7)  The provisions of this amendment are severable. If any
60of the provisions of this amendment shall be held
61unconstitutional by any court of competent jurisdiction, the
62decision of such court shall not affect or impair any remaining
63provisions of this amendment.
64     (8)  When a person's homestead property in this state is
65taken by power of eminent domain and within two years the person
66purchases another property and establishes such property as
67homestead property, the newly established homestead property
68shall be initially assessed at less than just value, as provided
69by general law. The difference between the new homestead
70property's just value and its assessed value in the first year
71the homestead is established may not exceed the difference
72between the previous homestead property's just value and its
73assessed value in the year the homestead property was taken by
74eminent domain. In addition, the assessed value of the new
75homestead property must equal or exceed the assessed value of
76the previous homestead property. Thereafter, the homestead
77property shall be assessed as provided herein.
78     (d)  The legislature may, by general law, for assessment
79purposes and subject to the provisions of this subsection, allow
80counties and municipalities to authorize by ordinance that
81historic property may be assessed solely on the basis of
82character or use. Such character or use assessment shall apply
83only to the jurisdiction adopting the ordinance. The
84requirements for eligible properties must be specified by
85general law.
86     (e)  A county may, in the manner prescribed by general law,
87provide for a reduction in the assessed value of homestead
88property to the extent of any increase in the assessed value of
89that property which results from the construction or
90reconstruction of the property for the purpose of providing
91living quarters for one or more natural or adoptive grandparents
92or parents of the owner of the property or of the owner's spouse
93if at least one of the grandparents or parents for whom the
94living quarters are provided is 62 years of age or older. Such a
95reduction may not exceed the lesser of the following:
96     (1)  The increase in assessed value resulting from
97construction or reconstruction of the property.
98     (2)  Twenty percent of the total assessed value of the
99property as improved.
100     BE IT FURTHER RESOLVED that the following statement be
101placed on the ballot:
102
CONSTITUTIONAL AMENDMENT
103
ARTICLE VII, SECTION 4
104     ASSESSMENT OF NEWLY ESTABLISHED HOMESTEAD PROPERTY AFTER
105EMINENT DOMAIN TAKING OF PREVIOUS HOMESTEAD PROPERTY.--Proposing
106an amendment to the State Constitution to provide for assessing
107at less than just value property purchased within 2 years after
108a homestead is taken by eminent domain, if the newly purchased
109property is established as homestead, to provide that the
110difference between the new homestead property's just value and
111its assessed value in the first year may not exceed the
112difference between the previous homestead property's just value
113and its assessed value in the year the previous homestead
114property was taken by eminent domain and to provide that the
115assessed value of the new homestead property must equal or
116exceed the assessed value of the previous homestead property.


CODING: Words stricken are deletions; words underlined are additions.