1 | House Joint Resolution |
2 | A joint resolution proposing an amendment to Section 4 of |
3 | Article VII of the State Constitution to preserve the |
4 | assessment as homestead property of any property purchased |
5 | or constructed as a replacement for homestead property |
6 | taken through eminent domain. |
7 |
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8 | Be It Resolved by the Legislature of the State of Florida: |
9 |
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10 | That the amendment to Section 4 of Article VII of the State |
11 | Constitution set forth below is agreed to and shall be submitted |
12 | to the electors of Florida for approval or rejection at the |
13 | general election to be held in November 2006: |
14 | ARTICLE VII |
15 | FINANCE AND TAXATION |
16 | SECTION 4. Taxation; assessments.-By general law |
17 | regulations shall be prescribed which shall secure a just |
18 | valuation of all property for ad valorem taxation, provided: |
19 | (a) Agricultural land, land producing high water recharge |
20 | to Florida's aquifers, or land used exclusively for |
21 | noncommercial recreational purposes may be classified by general |
22 | law and assessed solely on the basis of character or use. |
23 | (b) Pursuant to general law tangible personal property |
24 | held for sale as stock in trade and livestock may be valued for |
25 | taxation at a specified percentage of its value, may be |
26 | classified for tax purposes, or may be exempted from taxation. |
27 | (c) All persons entitled to a homestead exemption under |
28 | Section 6 of this Article shall have their homestead assessed at |
29 | just value as of January 1 of the year following the effective |
30 | date of this amendment. This assessment shall change only as |
31 | provided herein. |
32 | (1) Assessments subject to this provision shall be changed |
33 | annually on January 1st of each year; but those changes in |
34 | assessments shall not exceed the lower of the following: |
35 | a. Three percent (3%) of the assessment for the prior |
36 | year. |
37 | b. The percent change in the Consumer Price Index for all |
38 | urban consumers, U.S. City Average, all items 1967=100, or |
39 | successor reports for the preceding calendar year as initially |
40 | reported by the United States Department of Labor, Bureau of |
41 | Labor Statistics. |
42 | (2) No assessment shall exceed just value. |
43 | (3) After any change of ownership, as provided by general |
44 | law, homestead property shall be assessed at just value as of |
45 | January 1 of the following year. Thereafter, the homestead shall |
46 | be assessed as provided herein. |
47 | (4) New homestead property shall be assessed at just value |
48 | as of January 1st of the year following the establishment of the |
49 | homestead. That assessment shall only change as provided herein. |
50 | (5) Changes, additions, reductions, or improvements to |
51 | homestead property shall be assessed as provided for by general |
52 | law; provided, however, after the adjustment for any change, |
53 | addition, reduction, or improvement, the property shall be |
54 | assessed as provided herein. |
55 | (6) In the event of a termination of homestead status, the |
56 | property shall be assessed as provided by general law. |
57 | (7) In the event a person's homestead property is taken by |
58 | eminent domain under Article X, Section 6, the person whose |
59 | homestead property is taken shall continue to be entitled to the |
60 | benefits of this subsection, as provided in this paragraph. |
61 | a. Replacement homestead property must be acquired within |
62 | the state and application for homestead exemption made to the |
63 | county in which the property is located, within two years after |
64 | the date on which full compensation is paid to the owner; or, in |
65 | the event a new residence is constructed, the newly constructed |
66 | residence must be occupied and the homestead exemption applied |
67 | for with the county in which the property is located, within |
68 | three years after the date on which full compensation is paid to |
69 | the owner. |
70 | b. The difference between the amount paid as full |
71 | compensation and the assessment made pursuant to this subsection |
72 | shall be determined. |
73 | c. In the event the replacement homestead property is |
74 | purchased, or constructed, if applicable, at an amount equal to |
75 | or greater than the amount paid as full compensation, the |
76 | replacement homestead property's assessed value as determined |
77 | pursuant to paragraph (4) shall be reduced by the amount |
78 | determined pursuant to subparagraph b. |
79 | d. In the event the replacement homestead property is |
80 | purchased, or constructed, if applicable, at an amount less than |
81 | the amount paid as full compensation, the replacement homestead |
82 | property's assessed value as determined pursuant to paragraph |
83 | (4) shall be reduced by an amount equal to the amount determined |
84 | pursuant to subparagraph b., divided by the amount paid as full |
85 | compensation, and multiplied by the amount paid, including |
86 | construction costs, if applicable, for the replacement homestead |
87 | property. |
88 | (8)(7) The provisions of this amendment are severable. If |
89 | any of the provisions of this amendment shall be held |
90 | unconstitutional by any court of competent jurisdiction, the |
91 | decision of such court shall not affect or impair any remaining |
92 | provisions of this amendment. |
93 | (d) The legislature may, by general law, for assessment |
94 | purposes and subject to the provisions of this subsection, allow |
95 | counties and municipalities to authorize by ordinance that |
96 | historic property may be assessed solely on the basis of |
97 | character or use. Such character or use assessment shall apply |
98 | only to the jurisdiction adopting the ordinance. The |
99 | requirements for eligible properties must be specified by |
100 | general law. |
101 | (e) A county may, in the manner prescribed by general law, |
102 | provide for a reduction in the assessed value of homestead |
103 | property to the extent of any increase in the assessed value of |
104 | that property which results from the construction or |
105 | reconstruction of the property for the purpose of providing |
106 | living quarters for one or more natural or adoptive grandparents |
107 | or parents of the owner of the property or of the owner's spouse |
108 | if at least one of the grandparents or parents for whom the |
109 | living quarters are provided is 62 years of age or older. Such a |
110 | reduction may not exceed the lesser of the following: |
111 | (1) The increase in assessed value resulting from |
112 | construction or reconstruction of the property. |
113 | (2) Twenty percent of the total assessed value of the |
114 | property as improved. |
115 | BE IT FURTHER RESOLVED that the title and substance of the |
116 | amendment proposed herein shall appear on the ballot as follows: |
117 | HOMESTEAD EXEMPTION |
118 | Proposes an amendment to Section 4 of Article VII of the |
119 | State Constitution to preserve the assessment as homestead |
120 | property of any property purchased or constructed as a |
121 | replacement for homestead property taken through eminent domain. |