House Bill hb0295c1

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    Florida House of Representatives - 2001             CS/HJR 295

        By the Committee on Local Government & Veterans Affairs
    and Representatives Gibson, Rubio, Byrd and Diaz de la
    Portilla




  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 4 of Article VII of the State

  4         Constitution, relating to finance and taxation,

  5         to allow counties to provide for a reduction in

  6         the assessed value of homestead property equal

  7         to the increase in such value which results

  8         from constructing living quarters for certain

  9         persons over the age of 62 years.

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

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13         That the following amendment to Section 4 of Article

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

15  submitted to the electors of this state for approval or

16  rejection at the next general election or at an earlier

17  special election specifically authorized by law for that

18  purpose:

19                           ARTICLE VII

20                       FINANCE AND TAXATION

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

22  regulations shall be prescribed which shall secure a just

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

24         (a)  Agricultural land, land producing high water

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

26  non-commercial recreational purposes may be classified by

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

28  use.

29         (b)  Pursuant to general law tangible personal property

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

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    Florida House of Representatives - 2001             CS/HJR 295

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

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

  3         (c)  All persons entitled to a homestead exemption

  4  under Section 6 of this Article shall have their homestead

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

  6  the effective date of this amendment.  This assessment shall

  7  change only as provided herein.

  8         1.  Assessments subject to this provision shall be

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

10  changes in assessments shall not exceed the lower of the

11  following:

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

13  year.

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

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

16  successor reports for the preceding calendar year as initially

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

18  Labor Statistics.

19         2.  No assessment shall exceed just value.

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

21  general law, homestead property shall be assessed at just

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

23  homestead shall be assessed as provided herein.

24         4.  New homestead property shall be assessed at just

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

26  establishment of the homestead. That assessment shall only

27  change as provided herein.

28         5.  Changes, additions, reductions or improvements to

29  homestead property shall be assessed as provided for by

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

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    Florida House of Representatives - 2001             CS/HJR 295

    171-654-01






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

  2  be assessed as provided herein.

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

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

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

  6  any of the provisions of this amendment shall be held

  7  unconstitutional by any court of competent jurisdiction, the

  8  decision of such court shall not affect or impair any

  9  remaining provisions of this amendment.

10         (d)  The legislature may, by general law, for

11  assessment purposes and subject to the provisions of this

12  subsection, allow counties and municipalities to authorize by

13  ordinance that historic property may be assessed solely on the

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

15  shall apply only to the jurisdiction adopting the ordinance.

16  The requirements for eligible properties must be specified by

17  general law.

18         (e)  A county may, in the manner prescribed by general

19  law, provide for a reduction in the assessed value of

20  homestead property to the extent of any increase in the

21  assessed value of that property which results from the

22  construction or reconstruction of the property for the purpose

23  of providing living quarters for one or more natural or

24  adopted grandparents or parents of the owner of the property

25  or of the owner's spouse if at least one of the grandparents

26  or parents for whom the living quarters are provided is 62

27  years of age or older. Such a reduction may not exceed the

28  lesser of the following:

29         1.  The increase in assessed value resulting from

30  construction or reconstruction of the property.

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    Florida House of Representatives - 2001             CS/HJR 295

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  1         2.  Twenty percent of the total assessed value of the

  2  property as improved.

  3         BE IT FURTHER RESOLVED that the following statement be

  4  placed on the ballot:

  5                     CONSTITUTIONAL AMENDMENT

  6                      ARTICLE VII, SECTION 4

  7         EXEMPTION FOR CONSTRUCTION OF LIVING QUARTERS FOR

  8  PARENTS OR GRANDPARENTS.--Proposing an amendment to the State

  9  Constitution to allow counties to exempt from taxation an

10  increase in the assessed value of homestead property resulting

11  from constructing living quarters for the property owner's

12  parent or grandparent who is 62 years old or older.

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