Senate Bill sb0112

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    Florida Senate - 2006                                  SJR 112

    By Senator Bennett





    21-244-06

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 4 of Article VII of the State

  4         Constitution to provide an additional

  5         circumstance for assessing homestead property

  6         at less than just value.

  7  

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

  9  

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 - 2006                                  SJR 112
    21-244-06




 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, unless the

19  provisions of paragraph (8) apply. Thereafter, the homestead

20  shall be assessed as provided herein.

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

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

23  establishment of the homestead, unless the provisions of

24  paragraph (8) apply. That assessment shall only change as

25  provided herein.

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

27  homestead property shall be assessed as provided for by

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

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

30  shall be assessed as provided herein.

31  

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    Florida Senate - 2006                                  SJR 112
    21-244-06




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

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

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

 4  any of the provisions of this amendment shall be held

 5  unconstitutional by any court of competent jurisdiction, the

 6  decision of such court shall not affect or impair any

 7  remaining provisions of this amendment.

 8         (8)  When a person sells his or her homestead property

 9  within this state and within one year purchases another

10  property and establishes such property as homestead property,

11  the newly established homestead property shall be initially

12  assessed at less than just value, as provided by general law.

13  The difference between the new homestead property's just value

14  and its assessed value in the first year the homestead is

15  established may not exceed the difference between the previous

16  homestead's just value and its assessed value in the year of

17  sale. In addition, to be assessed as provided in this

18  paragraph, the assessed value of the new homestead must equal

19  or exceed the assessed value of the previous homestead.

20  Thereafter, the homestead shall be assessed as provided

21  herein.

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

23  assessment purposes and subject to the provisions of this

24  subsection, allow counties and municipalities to authorize by

25  ordinance that historic property may be assessed solely on the

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

27  shall apply only to the jurisdiction adopting the ordinance.

28  The requirements for eligible properties must be specified by

29  general law.

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

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

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    Florida Senate - 2006                                  SJR 112
    21-244-06




 1  homestead property to the extent of any increase in the

 2  assessed value of that property which results from the

 3  construction or reconstruction of the property for the purpose

 4  of providing living quarters for one or more natural or

 5  adoptive grandparents or parents of the owner of the property

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

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

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

 9  lesser of the following:

10         (1)  The increase in assessed value resulting from

11  construction or reconstruction of the property.

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

13  property as improved.

14         BE IT FURTHER RESOLVED that the following statement be

15  placed on the ballot:

16                     CONSTITUTIONAL AMENDMENT

17                      ARTICLE VII, SECTION 4

18         TAXATION; HOMESTEAD PROPERTY ASSESSMENTS.--Proposing an

19  amendment to the State Constitution to provide for assessing

20  at less than just value property purchased within 1 year after

21  the sale of homestead property if the new property is

22  established as homestead, to provide that the difference

23  between the new property's just value and its assessed value

24  in that first year may not exceed the difference between the

25  previous homestead's just value and its assessed value in the

26  year of sale, and to provide that the assessed value of the

27  new homestead must equal or exceed the assessed value of the

28  previous homestead.

29  

30  

31  

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