Senate Bill sb2598

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    Florida Senate - 2003                                 SJR 2598

    By Senator Haridopolos





    6-1426-03                                          See HJR 737

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing an amendment to

  3         Section 4 of Article VII of the State

  4         Constitution to authorize legislation which

  5         would permit counties to enact ordinances which

  6         freeze the assessed value of homestead property

  7         owned by certain persons who are 65 years of

  8         age or older.

  9  

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

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

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

14  submitted to the electors of Florida for approval or rejection

15  at the next general election or at an earlier special election

16  specifically authorized by law for that purpose:

17                           ARTICLE VII

18                       FINANCE AND TAXATION

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

20  regulations shall be prescribed which shall secure a just

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

22         (a)  Agricultural land, land producing high water

23  recharge to Florida's aquifers, or land used exclusively for

24  noncommercial recreational purposes may be classified by

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

26  use.

27         (b)  Pursuant to general law tangible personal property

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

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

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

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    Florida Senate - 2003                                 SJR 2598
    6-1426-03                                          See HJR 737




 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

30  shall be assessed as provided herein.

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    Florida Senate - 2003                                 SJR 2598
    6-1426-03                                          See HJR 737




 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)  A county may, in the manner prescribed by general

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

18  homestead property to the extent of any increase in the

19  assessed value of that property which results from the

20  construction or reconstruction of the property for the purpose

21  of providing living quarters for one or more natural or

22  adoptive grandparents or parents of the owner of the property

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

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

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

26  lesser of the following:

27         (1)  The increase in assessed value resulting from

28  construction or reconstruction of the property.

29         (2)  Twenty percent of the total assessed value of the

30  property as improved.

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    Florida Senate - 2003                                 SJR 2598
    6-1426-03                                          See HJR 737




 1         (f)  A county, by ordinance, may, in the manner

 2  prescribed by general law, prohibit an increase in the

 3  assessed value of homestead property located in that county

 4  which is owned by any person who has attained age sixty-five

 5  and whose household income, as defined by general law, does

 6  not exceed twenty thousand dollars, as adjusted in accordance

 7  with general law.

 8         BE IT FURTHER RESOLVED that the title and substance of

 9  the amendment proposed herein shall appear on the ballot as

10  follows:

11                     CONSTITUTIONAL AMENDMENT

12                      ARTICLE VII, SECTION 4

13         FREEZING THE ASSESSED VALUE OF HOMESTEAD PROPERTY FOR

14  SENIORS.--Proposing an amendment to the State Constitution to

15  allow any county to enact an ordinance which will freeze the

16  assessed value of homestead property in that county owned by a

17  person who is 65 years of age or older and who has a household

18  income of $20,000 per year, as adjusted for inflation, subject

19  to the enactment of a general law by the Legislature

20  permitting such action by the county.

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