Senate Bill sb1430

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    Florida Senate - 2005                                 SJR 1430

    By Senator Haridopolos





    26-1085-05                                          See HJR 79

  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 that

  5         would permit counties to enact ordinances that

  6         prohibit an increase in the assessed value of

  7         homestead property owned by certain persons who

  8         are 65 years of age or older.

  9  

10         WHEREAS, William "Bill" Markham served as the Broward

11  County Property Appraiser from his election in 1968 until his

12  death in office in 2004, and

13         WHEREAS, Dr. Olga Maria Garcia Martinez, cofounder of

14  community action agency and "viejos utiles," worked tirelessly

15  to assist the elderly community until her death in 1973, NOW,

16  THEREFORE,

17  

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

19  

20         That the following amendment to Section 4 of Article

21  VII of the State Constitution is agreed to and shall be

22  submitted to the electors of this state for approval or

23  rejection at the next general election:

24                           ARTICLE VII

25                       FINANCE AND TAXATION

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

27  regulations shall be prescribed which shall secure a just

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

29         (a)  Agricultural land, land producing high water

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

31  noncommercial recreational purposes may be classified by

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    Florida Senate - 2005                                 SJR 1430
    26-1085-05                                          See HJR 79




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

 2  use.

 3         (b)  Pursuant to general law tangible personal property

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

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

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

 7         (c)  All persons entitled to a homestead exemption

 8  under Section 6 of this Article shall have their homestead

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

10  the effective date of this amendment. This assessment shall

11  change only as provided herein.

12         (1)  Assessments subject to this provision shall be

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

14  changes in assessments shall not exceed the lower of the

15  following:

16         a.  Three percent (3%) of the assessment for the prior

17  year.

18         b.  The percent change in the Consumer Price Index for

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

20  successor reports for the preceding calendar year as initially

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

22  Labor Statistics.

23         (2)  No assessment shall exceed just value.

24         (3)  After any change of ownership, as provided by

25  general law, homestead property shall be assessed at just

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

27  homestead shall be assessed as provided herein.

28         (4)  New homestead property shall be assessed at just

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

30  establishment of the homestead. That assessment shall only

31  change as provided herein.

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    Florida Senate - 2005                                 SJR 1430
    26-1085-05                                          See HJR 79




 1         (5)  Changes, additions, reductions, or improvements to

 2  homestead property shall be assessed as provided for by

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

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

 5  shall be assessed as provided herein.

 6         (6)  In the event of a termination of homestead status,

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

 8         (7)  The provisions of this amendment are severable. If

 9  any of the provisions of this amendment shall be held

10  unconstitutional by any court of competent jurisdiction, the

11  decision of such court shall not affect or impair any

12  remaining provisions of this amendment.

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

14  assessment purposes and subject to the provisions of this

15  subsection, allow counties and municipalities to authorize by

16  ordinance that historic property may be assessed solely on the

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

18  shall apply only to the jurisdiction adopting the ordinance.

19  The requirements for eligible properties must be specified by

20  general law.

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

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

23  homestead property to the extent of any increase in the

24  assessed value of that property which results from the

25  construction or reconstruction of the property for the purpose

26  of providing living quarters for one or more natural or

27  adoptive grandparents or parents of the owner of the property

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

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

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

31  lesser of the following:

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    Florida Senate - 2005                                 SJR 1430
    26-1085-05                                          See HJR 79




 1         (1)  The increase in assessed value resulting from

 2  construction or reconstruction of the property.

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

 4  property as improved.

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

 6  prescribed by general law, prohibit an increase in the

 7  assessed value of homestead property located in that county

 8  which is owned by any person who has attained age 65 and whose

 9  household income, as defined by general law, does not exceed

10  twenty thousand dollars per year, as adjusted for inflation in

11  accordance with general law.

12         BE IT FURTHER RESOLVED that the following statement be

13  placed on the ballot:

14                     CONSTITUTIONAL AMENDMENT

15                      ARTICLE VII, SECTION 4

16         PROHIBITING AN INCREASE IN THE ASSESSED VALUE OF

17  HOMESTEAD PROPERTY FOR SOME SENIOR CITIZENS.--Proposing an

18  amendment to Section 4 of Article VII of the State

19  Constitution to provide that a county, by ordinance, may, in

20  the manner provided by general law, prohibit an increase in

21  the assessed value of homestead property located in that

22  county which is owned by a person who has attained age 65 and

23  whose household income, as defined by general law, does not

24  exceed $20,000 per year, as adjusted for inflation in

25  accordance with general law.

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