House Bill hb0317c1

    Florida House of Representatives - 2002             CS/HJR 317

        By the Committee on Local Government & Veterans Affairs
    and Representatives Gibson and Davis





  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 based

  7         on the increase in such value which results

  8         from constructing living quarters for certain

  9         persons over the age of 62 years.

10

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

12

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  noncommercial non-commercial recreational purposes may be

27  classified by general law and assessed solely on the basis of

28  character or use.

29         (b)  Pursuant to general law tangible personal property

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

31

                                  1

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






    Florida House of Representatives - 2002             CS/HJR 317

    171-663-02






  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)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.(A)  Three percent (3%) of the assessment for the

13  prior year.

14         b.(B)  The percent change in the Consumer Price Index

15  for all urban consumers, U.S. City Average, all items

16  1967=100, or successor reports for the preceding calendar year

17  as initially reported by the United States Department of

18  Labor, Bureau of Labor Statistics.

19         (2)2.  No assessment shall exceed just value.

20         (3)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)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)5.  Changes, additions, reductions, or improvements

29  to homestead property shall be assessed as provided for by

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

31

                                  2

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






    Florida House of Representatives - 2002             CS/HJR 317

    171-663-02






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

  2  shall be assessed as provided herein.

  3         (6)6.  In the event of a termination of homestead

  4  status, the property shall be assessed as provided by general

  5  law.

  6         (7)7.  The provisions of this amendment are severable.

  7  If any of the provisions of this amendment shall be held

  8  unconstitutional by any court of competent jurisdiction, the

  9  decision of such court shall not affect or impair any

10  remaining provisions of this amendment.

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

12  assessment purposes and subject to the provisions of this

13  subsection, allow counties and municipalities to authorize by

14  ordinance that historic property may be assessed solely on the

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

16  shall apply only to the jurisdiction adopting the ordinance.

17  The requirements for eligible properties must be specified by

18  general law.

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

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

21  homestead property to the extent of any increase in the

22  assessed value of that property which results from the

23  construction or reconstruction of the property for the purpose

24  of providing living quarters for one or more natural or

25  adoptive grandparents or parents of the owner of the property

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

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

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

29  lesser of the following:

30         (1)  The increase in assessed value resulting from

31  construction or reconstruction of the property.

                                  3

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






    Florida House of Representatives - 2002             CS/HJR 317

    171-663-02






  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.--Proposes 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 a parent or grandparent

12  of the property owner or the property owner's spouse who is 62

13  years old or older.  Limits the amount of such exemption to

14  the increase in assessed value resulting from such

15  construction or 20 percent of the total assessed value of the

16  property as improved, whichever is less.

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4

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