HJR 1545

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 4 of
3Article VII of the State Constitution to expand the
4limited authorization to classify and assess property on
5the basis of character or use to apply to any real
6property.
7
8Be It Resolved by the Legislature of the State of Florida:
9
10     That the following amendment to Section 4 of Article VII of
11the State Constitution is agreed to and shall be submitted to
12the electors of this state for approval or rejection at the next
13general election or at an earlier special election specifically
14authorized by law for that purpose:
15
ARTICLE VII
16
FINANCE AND TAXATION
17     SECTION 4.  Taxation; assessments.--By general law
18regulations shall be prescribed which shall secure a just
19valuation of all property for ad valorem taxation, provided:
20     (a)  Real property Agricultural land, land producing high
21water recharge to Florida's aquifers, or land used exclusively
22for noncommercial recreational purposes may be classified by
23general law and assessed solely on the basis of character or
24use.
25     (b)  Pursuant to general law tangible personal property
26held for sale as stock in trade and livestock may be valued for
27taxation at a specified percentage of its value, may be
28classified for tax purposes, or may be exempted from taxation.
29     (c)  All persons entitled to a homestead exemption under
30Section 6 of this Article shall have their homestead assessed at
31just value as of January 1 of the year following the effective
32date of this amendment. This assessment shall change only as
33provided herein.
34     (1)  Assessments subject to this provision shall be changed
35annually on January 1st of each year; but those changes in
36assessments shall not exceed the lower of the following:
37     a.  Three percent (3%) of the assessment for the prior
38year.
39     b.  The percent change in the Consumer Price Index for all
40urban consumers, U.S. City Average, all items 1967=100, or
41successor reports for the preceding calendar year as initially
42reported by the United States Department of Labor, Bureau of
43Labor Statistics.
44     (2)  No assessment shall exceed just value.
45     (3)  After any change of ownership, as provided by general
46law, homestead property shall be assessed at just value as of
47January 1 of the following year. Thereafter, the homestead shall
48be assessed as provided herein.
49     (4)  New homestead property shall be assessed at just value
50as of January 1st of the year following the establishment of the
51homestead. That assessment shall only change as provided herein.
52     (5)  Changes, additions, reductions, or improvements to
53homestead property shall be assessed as provided for by general
54law; provided, however, after the adjustment for any change,
55addition, reduction, or improvement, the property shall be
56assessed as provided herein.
57     (6)  In the event of a termination of homestead status, the
58property shall be assessed as provided by general law.
59     (7)  The provisions of this amendment are severable. If any
60of the provisions of this amendment shall be held
61unconstitutional by any court of competent jurisdiction, the
62decision of such court shall not affect or impair any remaining
63provisions of this amendment.
64     (d)  The legislature may, by general law, for assessment
65purposes and subject to the provisions of this subsection, allow
66counties and municipalities to authorize by ordinance that
67historic property may be assessed solely on the basis of
68character or use. Such character or use assessment shall apply
69only to the jurisdiction adopting the ordinance. The
70requirements for eligible properties must be specified by
71general law.
72     (d)(e)  A county may, in the manner prescribed by general
73law, provide for a reduction in the assessed value of homestead
74property to the extent of any increase in the assessed value of
75that property which results from the construction or
76reconstruction of the property for the purpose of providing
77living quarters for one or more natural or adoptive grandparents
78or parents of the owner of the property or of the owner's spouse
79if at least one of the grandparents or parents for whom the
80living quarters are provided is 62 years of age or older. Such a
81reduction may not exceed the lesser of the following:
82     (1)  The increase in assessed value resulting from
83construction or reconstruction of the property.
84     (2)  Twenty percent of the total assessed value of the
85property as improved.
86     BE IT FURTHER RESOLVED that the following statement be
87placed on the ballot:
88
CONSTITUTIONAL AMENDMENT
89
ARTICLE VII, SECTION 4
90     CLASSIFICATION AND ASSESSMENT OF PROPERTY ON BASIS OF
91CHARACTER OR USE.--Proposing an amendment to the State
92Constitution to revise the limited authorization to classify and
93assess agricultural land, land producing high water recharge to
94Florida's aquifers, land used exclusively for noncommercial
95recreational purposes, or historic property solely on the basis
96of character or use to apply to any real property.


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