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
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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.
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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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