HJR 1629

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


CODING: Words stricken are deletions; words underlined are additions.