Senate Bill sb1390

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    Florida Senate - 2006                                 SJR 1390

    By Senator Haridopolos





    26-877-06

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 4 of Article VII of the State

  4         Constitution, relating to the valuation of

  5         property for ad valorem taxation, to provide

  6         for freezing the assessment on homestead

  7         property for an owner who has legally claimed

  8         homestead status for a specified period.

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

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12         That the following amendment to Section 4 of Article

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

14  submitted to the electors of this state for approval or

15  rejection at the next general election or at an earlier

16  special election specifically authorized by law for that

17  purpose.

18                           ARTICLE VII

19                       FINANCE AND TAXATION

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

21  regulations shall be prescribed which shall secure a just

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

23         (a)  Agricultural land, land producing high water

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

25  noncommercial recreational purposes may be classified by

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

27  use.

28         (b)  Pursuant to general law tangible personal property

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

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

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

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    Florida Senate - 2006                                 SJR 1390
    26-877-06




 1         (c)  All persons entitled to a homestead exemption

 2  under Section 6 of this Article shall have their homestead

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

 4  the effective date of this amendment.  This assessment shall

 5  change only as provided herein.

 6         (1)  Assessments subject to this provision shall be

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

 8  changes in assessments shall not exceed the lower of the

 9  following:

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

11  year.

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

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

14  successor reports for the preceding calendar year as initially

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

16  Labor Statistics.

17         (2)  No assessment shall exceed just value.

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

19  general law, homestead property shall be assessed at just

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

21  homestead shall be assessed as provided herein.

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

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

24  establishment of the homestead. That assessment shall only

25  change as 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 1390
    26-877-06




 1         (6)  If a person has been entitled to a homestead

 2  exemption on specified property for ten consecutive years,

 3  thereafter, the assessed value of that property shall not

 4  increase until the homestead status of the property

 5  terminates.

 6         (7)(6)  In the event of a termination of homestead

 7  status, the property shall be assessed as provided by general

 8  law.

 9         (8)(7)  The provisions of this subsection amendment are

10  severable. If any of the provisions of this subsection

11  amendment shall be held unconstitutional by any court of

12  competent jurisdiction, the decision of such court shall not

13  affect or impair any remaining provisions of this subsection

14  amendment.

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

16  assessment purposes and subject to the provisions of this

17  subsection, allow counties and municipalities to authorize by

18  ordinance that historic property may be assessed solely on the

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

20  shall apply only to the jurisdiction adopting the ordinance.

21  The requirements for eligible properties must be specified by

22  general law.

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

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

25  homestead property to the extent of any increase in the

26  assessed value of that property which results from the

27  construction or reconstruction of the property for the purpose

28  of providing living quarters for one or more natural or

29  adoptive grandparents or parents of the owner of the property

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

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

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    Florida Senate - 2006                                 SJR 1390
    26-877-06




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

 2  lesser of the following:

 3         (1)  The increase in assessed value resulting from

 4  construction or reconstruction of the property.

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

 6  property as improved.

 7         BE IT FURTHER RESOLVED that the following statement be

 8  placed on the ballot:

 9                     CONSTITUTIONAL AMENDMENT

10                      ARTICLE VII, SECTION 4

11         FREEZE ON ASSESSED VALUATION OF HOMESTEAD

12  PROPERTY.--Proposing an amendment to the State Constitution to

13  provide that the assessed value of property on which the same

14  person has legally claimed the homestead exemption for 10

15  consecutive years shall not increase until the homestead

16  status of the property terminates.

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