Senate Bill sb0504c1
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Florida Senate - 2002 CS for SJR 504
By the Committee on Comprehensive Planning, Local and Military
Affairs; and Senator Brown-Waite
316-1791-02
1 Senate Joint Resolution No. ____
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 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
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Florida Senate - 2002 CS for SJR 504
316-1791-02
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
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Florida Senate - 2002 CS for SJR 504
316-1791-02
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.
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Florida Senate - 2002 CS for SJR 504
316-1791-02
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.--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 a parent or grandparent
12 of the property owner or the property owner's spouse who is 62
13 years old or older and to limit the amount of such exemption
14 to 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.
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18 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
19 SJR 504
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21 The difference between the joint resolution and the committee
substitute is technical.
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