House Bill hb1279

    Florida House of Representatives - 2002               HJR 1279

        By Representative Allen






  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 assessment of

  5         homestead property.

  6

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

  8

  9         That the amendment to Section 4 of Article VII of the

10  State Constitution set forth below is agreed to and shall be

11  submitted to the electors of Florida for approval or rejection

12  at the general election to be held in November 2002:

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

14  regulations shall be prescribed which shall secure a just

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

16         (a)  Agricultural land, land producing high water

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

18  non-commercial recreational purposes may be classified by

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

20  use.

21         (b)  Pursuant to general law tangible personal property

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

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

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

25         (c)  All persons entitled to a homestead exemption

26  under Section 6 of this Article shall have their homestead

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

28  the effective date of this amendment.  This assessment shall

29  change only as provided herein.

30         1.  Assessments subject to this provision shall be

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

                                  1

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






    Florida House of Representatives - 2002               HJR 1279

    741-112-02






  1  changes in assessments shall not exceed the lower of the

  2  following:

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

  4  year.

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

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

  7  successor reports for the preceding calendar year as initially

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

  9  Labor Statistics.

10         2.(A)  No assessment shall exceed just value.

11         (B)  No assessment shall change if just value does not

12  change, unless a reduction in assessment is required under

13  paragraph 1.

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

15  general law, homestead property shall be assessed at just

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

17  homestead shall be assessed as provided herein.

18         4.  New homestead property shall be assessed at just

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

20  establishment of the homestead. That assessment shall only

21  change as provided herein.

22         5.  Changes, additions, reductions or improvements to

23  homestead property shall be assessed as provided for by

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

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

26  be assessed as provided herein.

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

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

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

30  any of the provisions of this amendment shall be held

31  unconstitutional by any court of competent jurisdiction, the

                                  2

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






    Florida House of Representatives - 2002               HJR 1279

    741-112-02






  1  decision of such court shall not affect or impair any

  2  remaining provisions of this amendment.

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

  4  assessment purposes and subject to the provisions of this

  5  subsection, allow counties and municipalities to authorize by

  6  ordinance that historic property may be assessed solely on the

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

  8  shall apply only to the jurisdiction adopting the ordinance.

  9  The requirements for eligible properties must be specified by

10  general law.

11         BE IT FURTHER RESOLVED that in accordance with the

12  requirements of section 101.161, Florida Statutes, the

13  substance of the amendment proposed herein shall appear on the

14  ballot as follows:

15                 ASSESSMENT OF HOMESTEAD PROPERTY

16         Proposes an amendment to Section 4 of Article VII of

17  the State Constitution to prohibit changing an assessment of

18  homestead property if there is no increase in just value of

19  the property, except if a reduction in assessment is required

20  under the State Constitution.

21

22

23

24

25

26

27

28

29

30

31

                                  3

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