Senate Bill 0738

    Florida Senate - 1998                                  SJR 738

    By Senator Dudley





    25-162A-98

  1                 Senate Joint Resolution No.     

  2         A joint resolution proposing an amendment to

  3         Section 4, Article VII of the State

  4         Constitution, relating to taxation of real

  5         property; authorizing the partial-year

  6         assessment of real property.

  7

  8  Be It Resolved by the Legislature of the State of Florida:

  9

10         That the following amendment to Section 4 of Article

11  VII of the State Constitution is agreed to and shall be

12  submitted to the electors of the state for approval or

13  rejection at the next general election or at an earlier

14  special election specifically authorized by law for that

15  purpose and, if approved, shall take effect January 1, 1999:

16                           ARTICLE VII

17                       FINANCE AND TAXATION

18         SECTION 4.  Taxation; assessments.--By general law

19  regulations shall be prescribed which shall secure a just

20  valuation of all property for ad valorem taxation, provided:

21         (a)  Agricultural land, land producing high water

22  recharge to Florida's aquifers or land used exclusively for

23  non-commercial recreational purposes may be classified by

24  general law and assessed solely on the basis of character or

25  use.

26         (b)  Pursuant to general law tangible personal property

27  held for sale as stock in trade and livestock may be valued

28  for taxation at a specified percentage of its value, may be

29  classified for tax purposes purposes, or may be exempted from

30  taxation.

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






    Florida Senate - 1998                                  SJR 738
    25-162A-98




  1         (c)  All persons entitled to a homestead exemption

  2  under Section 6 of this Article shall have their homestead

  3  assessed at just value as of January 1 of the year following

  4  the effective date of this amendment.  This assessment shall

  5  change only as provided herein.

  6         1.  Assessments subject to this provision shall be

  7  changed annually on January 1st of each year; but those

  8  changes in assessments shall not exceed the lower of the

  9  following:

10         (A)  three percent (3%) of the assessment for the prior

11  year.

12         (B)  the percent change in the Consumer Price Index for

13  all urban consumers, U.S. City Average, all items 1967=100, or

14  successor reports for the preceding calendar year as initially

15  reported by the United States Department of Labor, Bureau of

16  Labor Statistics.

17         2.  No assessment shall exceed just value.

18         3.  After any change of ownership, as provided by

19  general law, homestead property shall be assessed at just

20  value as of January 1 of the following year.  Thereafter, the

21  homestead shall be assessed as provided herein.

22         4.  New homestead property shall be assessed at just

23  value as of January 1st of the year following the

24  establishment of the homestead. That assessment shall only

25  change as provided herein.

26         5.  Changes, additions, reductions or improvements to

27  homestead property shall be assessed as provided for by

28  general law; provided, however, after the adjustment for any

29  change, addition, reduction or improvement, the property shall

30  be assessed as provided herein.

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    Florida Senate - 1998                                  SJR 738
    25-162A-98




  1         6.  In the event of a termination of homestead status,

  2  the property shall be assessed as provided by general law.

  3         7.  The provisions of this amendment are severable.  If

  4  any of the provisions of this amendment shall be held

  5  unconstitutional by any court of competent jurisdiction, the

  6  decision of such court shall not affect or impair any

  7  remaining provisions of this amendment.

  8         (d)  Real property may be assessed as provided by

  9  general law on the basis of a partial year beginning on the

10  actual date of substantial completion of improvements to the

11  property, regardless of whether tangible personal property is

12  so assessed.

13         BE IT FURTHER RESOLVED that the following statement be

14  placed on the ballot:

15                     CONSTITUTIONAL AMENDMENT

16                      ARTICLE VII, SECTION 4

17         AD VALOREM PROPERTY TAXES.--Proposing an amendment to

18  the State Constitution, effective January 1, 1999, authorizing

19  the assessment of real property on the basis of a partial

20  year, from the date of substantial completion of property

21  improvements, regardless of whether tangible personal property

22  is so assessed.

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