Senate Bill 2430

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



    Florida Senate - 2000                                 SJR 2430

    By Senator Clary





    7-1556A-00

  1                 Senate Joint Resolution No.     

  2         A joint resolution proposing an amendment to

  3         Section 4 of Article VII and the creation of

  4         Section 26 of Article XII of the State

  5         Constitution, relating to ad valorem tax

  6         assessments; authorizing the exemption,

  7         valuation, or classification as provided by

  8         general law of specified property.

  9

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

11

12         That the following amendment to Section 4 of Article

13  VII and the creation of Section 26 of Article XII of the State

14  Constitution are agreed to and shall be submitted to the

15  electors of this state for approval or rejection at the next

16  general election or at an earlier special election

17  specifically authorized by law for that purpose:

18                           ARTICLE VII

19                       FINANCE AND TAXATION

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

21  regulations shall be prescribed which shall secure a just

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

23         (a)  Agricultural land, land producing high water

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

25  non-commercial recreational purposes may be classified by

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

27  use.

28         (b)  Pursuant to general law tangible personal property

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

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

31  classified for tax purposes, or may be exempted from taxation.

                                  1

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






    Florida Senate - 2000                                 SJR 2430
    7-1556A-00




  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.

31

                                  2

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






    Florida Senate - 2000                                 SJR 2430
    7-1556A-00




  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)  The legislature may, by general law, for

  9  assessment purposes and subject to the provisions of this

10  subsection, allow counties and municipalities to authorize by

11  ordinance that historic property may be assessed solely on the

12  basis of character or use.  Such character or use assessment

13  shall apply only to the jurisdiction adopting the ordinance.

14  The requirements for eligible properties must be specified by

15  general law.

16         (e)  Pursuant to general law, the following property

17  may be valued for taxation at a specified percentage of its

18  value, may be classified for tax purposes, or may be exempted

19  from taxation:

20         1.  Real and tangible personal property held for use in

21  the control, abatement or reduction of pollution;

22         2.  Real property owned and used by disabled veterans

23  or their spouses as homestead property;

24         3.  Building renovations for accessibility by the

25  disabled;

26         4.  Property owned by municipalities, special

27  districts, counties, or the state and used for governmental or

28  public purposes defined by general law; and

29         5.  Real or personal property that is not substantially

30  completed as of the assessment date.

31

                                  3

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






    Florida Senate - 2000                                 SJR 2430
    7-1556A-00




  1                           ARTICLE XII

  2                             SCHEDULE

  3         SECTION 26.  Taxation; assessments.--The amendment to

  4  Section 4 of Article VII relating to ad valorem taxation

  5  assessments shall take effect January 1, 2001, and are

  6  intended to apply with regard to any general law in effect at

  7  the time of or subsequent to the adoption of this resolution

  8  by the voters. However, this section is not intended to

  9  prohibit the Legislature from repealing or amending any

10  general law in effect at the time of adoption of this

11  resolution by the voters.

12         BE IT FURTHER RESOLVED that the following statement be

13  placed on the ballot:

14                     CONSTITUTIONAL AMENDMENT

15                      ARTICLE VII, SECTION 4

16                     ARTICLE XII, SECTION 26

17         PROPERTY TAX ASSESSMENTS AND EXEMPTIONS.--Proposing an

18  amendment to the State Constitution, effective January 1,

19  2001, to allow certain property used for pollution control

20  purposes, used as a homestead by disabled veterans, used for

21  accessibility by the disabled, not substantially completed on

22  the assessment date, or owned by municipalities and special

23  districts to be valued for taxation at a specified percentage

24  of its value, to be classified for tax purposes, or to be

25  exempted from taxation.

26

27

28

29

30

31

                                  4