Senate Bill sb0228

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    Florida Senate - 2005                                  SJR 228

    By Senator Geller





    31-45A-05

  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 prescribe the method for

  5         valuing certain properties for ad valorem tax

  6         purposes.

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

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10         That the following amendment to Section 4 of Article

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

12  submitted to the electors of this state for approval or

13  rejection at the next general election or at an earlier

14  special election specifically authorized by law for that

15  purpose:

16                           ARTICLE VII

17                       FINANCE AND TAXATION

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

19  regulations shall be prescribed which shall secure a just

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

21         (a)  Agricultural land, land producing high water

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

23  noncommercial recreational purposes may be classified by

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

25  use.

26         (b)  Pursuant to general law tangible personal property

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

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

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

30         (c)  All persons entitled to a homestead exemption

31  under Section 6 of this Article shall have their homestead

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    Florida Senate - 2005                                  SJR 228
    31-45A-05




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

 2  the effective date of this amendment.  This assessment shall

 3  change only as provided herein.

 4         (1)  Assessments subject to this provision shall be

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

 6  changes in assessments shall not exceed the lower of the

 7  following:

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

 9  year.

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

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

12  successor reports for the preceding calendar year as initially

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

14  Labor Statistics.

15         (2)  No assessment shall exceed just value.

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

17  general law, homestead property shall be assessed at just

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

19  homestead shall be assessed as provided herein.

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

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

22  establishment of the homestead. That assessment shall only

23  change as provided herein.

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

25  homestead property shall be assessed as provided for by

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

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

28  shall be assessed as provided herein.

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

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

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    Florida Senate - 2005                                  SJR 228
    31-45A-05




 1         (7)  The provisions of this amendment are severable.

 2  If any of the provisions of this amendment shall be held

 3  unconstitutional by any court of competent jurisdiction, the

 4  decision of such court shall not affect or impair any

 5  remaining provisions of this amendment.

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

 7  assessment purposes and subject to the provisions of this

 8  subsection, allow counties and municipalities to authorize by

 9  ordinance that historic property may be assessed solely on the

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

11  shall apply only to the jurisdiction adopting the ordinance.

12  The requirements for eligible properties must be specified by

13  general law.

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

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

16  homestead property to the extent of any increase in the

17  assessed value of that property which results from the

18  construction or reconstruction of the property for the purpose

19  of providing living quarters for one or more natural or

20  adoptive grandparents or parents of the owner of the property

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

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

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

24  lesser of the following:

25         (1)  The increase in assessed value resulting from

26  construction or reconstruction of the property.

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

28  property as improved.

29         (f)(1)  If a person whose homestead property is taken

30  through the exercise of eminent domain designates replacement

31  property on which he or she is entitled to a homestead

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    Florida Senate - 2005                                  SJR 228
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 1  exemption as homestead property and the value of the

 2  replacement property is greater than is exempted by Section 6

 3  of this Article, the just value of the replacement property is

 4  determined by multiplying the price of the replacement

 5  property by a figure that is obtained by dividing the just

 6  value of the taken property at the time of the taking by the

 7  price paid by the taking authority. However, the just value

 8  determined under this subsection may not be less than the

 9  value exempted by Section 6 of this Article.

10         (2)  The following conditions apply when calculating

11  the value of a replacement homestead property under this

12  subsection:

13         a.  This subsection applies only to the first

14  replacement property on which a homestead exemption is claimed

15  after the taking.

16         b.  The claim of homestead exemption on replacement

17  property must be made no later than the second January 1

18  following the taking.

19         c.  This subsection applies whether the replacement

20  property is in the same county as the taken property or in a

21  different county.

22         d.  This subsection applies whether the replacement

23  property was acquired after, or was owned by the taxpayer at

24  the time of, the taking.

25         BE IT FURTHER RESOLVED that the following statement be

26  placed on the ballot:

27                     CONSTITUTIONAL AMENDMENT

28                      ARTICLE VII, SECTION 4

29         VALUATION OF HOMESTEAD PROPERTY.--Proposing an

30  amendment to the State Constitution which would establish the

31  value of replacement homestead property of a person whose

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    Florida Senate - 2005                                  SJR 228
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 1  previous homestead property was taken through eminent domain

 2  as a percentage of its market value equal to the greater of:

 3  the actual exemption allowed under the State Constitution or a

 4  proportion of its market value equal to the proportion that

 5  the just value of the taken property bore to the selling price

 6  of the taken property. The proposed amendment includes a time

 7  limit on when the homestead exemption on a replacement

 8  property must be claimed.

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