HJR 0041 2004
1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 4 of
3	Article VII of the State Constitution to authorize
4	legislation that would permit counties to enact ordinances
5	which prohibit an increase in the assessed value of
6	homestead property owned by certain persons who are 65
7	years of age or older.
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9	Be It Resolved by the Legislature of the State of Florida:
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11	That the amendment to Section 4 of Article VII of the State
12	Constitution set forth below is agreed to and shall be submitted
13	to the electors of Florida for approval or rejection at the
14	general election to be held in November 2004:
15	ARTICLE VII
16	FINANCE AND TAXATION
17	SECTION 4. Taxation; assessments.--By general law
18	regulations shall be prescribed which shall secure a just
19	valuation of all property for ad valorem taxation, provided:
20	(a) Agricultural land, land producing high water recharge
21	to Florida's aquifers, or land used exclusively for
22	noncommercial recreational purposes may be classified by general
23	law and assessed solely on the basis of character or use.
24	(b) Pursuant to general law tangible personal property
25	held for sale as stock in trade and livestock may be valued for
26	taxation at a specified percentage of its value, may be
27	classified for tax purposes, or may be exempted from taxation.
28	(c) All persons entitled to a homestead exemption under
29	Section 6 of this Article shall have their homestead assessed at
30	just value as of January 1 of the year following the effective
31	date of this amendment. This assessment shall change only as
32	provided herein.
33	(1) Assessments subject to this provision shall be changed
34	annually on January 1st of each year; but those changes in
35	assessments shall not exceed the lower of the following:
36	a. Three percent (3%) of the assessment for the prior
37	year.
38	b. The percent change in the Consumer Price Index for all
39	urban consumers, U.S. City Average, all items 1967=100, or
40	successor reports for the preceding calendar year as initially
41	reported by the United States Department of Labor, Bureau of
42	Labor Statistics.
43	(2) No assessment shall exceed just value.
44	(3) After any change of ownership, as provided by general
45	law, homestead property shall be assessed at just value as of
46	January 1 of the following year. Thereafter, the homestead shall
47	be assessed as provided herein.
48	(4) New homestead property shall be assessed at just value
49	as of January 1st of the year following the establishment of the
50	homestead. That assessment shall only change as provided herein.
51	(5) Changes, additions, reductions, or improvements to
52	homestead property shall be assessed as provided for by general
53	law; provided, however, after the adjustment for any change,
54	addition, reduction, or improvement, the property shall be
55	assessed as provided herein.
56	(6) In the event of a termination of homestead status, the
57	property shall be assessed as provided by general law.
58	(7) The provisions of this amendment are severable. If any
59	of the provisions of this amendment shall be held
60	unconstitutional by any court of competent jurisdiction, the
61	decision of such court shall not affect or impair any remaining
62	provisions of this amendment.
63	(d) The legislature may, by general law, for assessment
64	purposes and subject to the provisions of this subsection, allow
65	counties and municipalities to authorize by ordinance that
66	historic property may be assessed solely on the basis of
67	character or use. Such character or use assessment shall apply
68	only to the jurisdiction adopting the ordinance. The
69	requirements for eligible properties must be specified by
70	general law.
71	(e) A county may, in the manner prescribed by general law,
72	provide for a reduction in the assessed value of homestead
73	property to the extent of any increase in the assessed value of
74	that property which results from the construction or
75	reconstruction of the property for the purpose of providing
76	living quarters for one or more natural or adoptive grandparents
77	or parents of the owner of the property or of the owner's spouse
78	if at least one of the grandparents or parents for whom the
79	living quarters are provided is 62 years of age or older. Such a
80	reduction may not exceed the lesser of the following:
81	(1) The increase in assessed value resulting from
82	construction or reconstruction of the property.
83	(2) Twenty percent of the total assessed value of the
84	property as improved.
85	(f) A county, by ordinance, may, in the manner prescribed
86	by general law, prohibit an increase in the assessed value of
87	homestead property located in that county which is owned by any
88	person who has attained age 65 and whose household income, as
89	defined by general law, does not exceed twenty thousand dollars
90	per year, as adjusted in accordance with general law.
91	BE IT FURTHER RESOLVED that the title and substance of the
92	amendment proposed herein shall appear on the ballot as follows:
93	PROHIBITING AN INCREASE IN THE ASSESSED VALUE OF
94	HOMESTEAD PROPERTY FOR SOME SENIOR CITIZENS
95	Proposes an amendment to Section 4 of Article VII of the
96	State Constitution to provide that a county, by ordinance, may,
97	in the manner provided by general law, prohibit an increase in
98	the assessed value of homestead property located in that county
99	which is owned by a person who has attained age 65 and whose
100	household income, as defined by general law, does not exceed
101	$20,000 per year, as adjusted in accordance with general law.