| 1 | The Justice Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | House Joint Resolution |
| 6 | A joint resolution proposing an amendment to Section 4 of |
| 7 | Article VII of the State Constitution to provide an |
| 8 | additional circumstance for assessing homestead property |
| 9 | at less than just value. |
| 10 |
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| 11 | Be It Resolved by the Legislature of the State of Florida: |
| 12 |
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| 13 | That the following amendment to Section 4 of Article VII of |
| 14 | the State Constitution is agreed to and shall be submitted to |
| 15 | the electors of this state for approval or rejection at the next |
| 16 | general election or at an earlier special election specifically |
| 17 | authorized by law for that 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 recharge |
| 24 | to Florida's aquifers, or land used exclusively for |
| 25 | noncommercial recreational purposes may be classified by general |
| 26 | law and assessed solely on the basis of character or use. |
| 27 | (b) Pursuant to general law tangible personal property |
| 28 | held for sale as stock in trade and livestock may be valued for |
| 29 | taxation at a specified percentage of its value, may be |
| 30 | classified for tax purposes, or may be exempted from taxation. |
| 31 | (c) All persons entitled to a homestead exemption under |
| 32 | Section 6 of this Article shall have their homestead assessed at |
| 33 | just value as of January 1 of the year following the effective |
| 34 | date of this amendment. This assessment shall change only as |
| 35 | provided herein. |
| 36 | (1) Assessments subject to this provision shall be changed |
| 37 | annually on January 1st of each year; but those changes in |
| 38 | assessments shall not exceed the lower of the following: |
| 39 | a. Three percent (3%) of the assessment for the prior |
| 40 | year. |
| 41 | b. The percent change in the Consumer Price Index for all |
| 42 | urban consumers, U.S. City Average, all items 1967=100, or |
| 43 | successor reports for the preceding calendar year as initially |
| 44 | reported by the United States Department of Labor, Bureau of |
| 45 | Labor Statistics. |
| 46 | (2) No assessment shall exceed just value. |
| 47 | (3) After any change of ownership, as provided by general |
| 48 | law, homestead property shall be assessed at just value as of |
| 49 | January 1 of the following year, unless the provisions of |
| 50 | subsection (8) apply. Thereafter, the homestead shall be |
| 51 | assessed as provided herein. |
| 52 | (4) New homestead property shall be assessed at just value |
| 53 | as of January 1st of the year following the establishment of the |
| 54 | homestead, unless the provisions of subsection (8) apply. That |
| 55 | assessment shall only change as provided herein. |
| 56 | (5) Changes, additions, reductions, or improvements to |
| 57 | homestead property shall be assessed as provided for by general |
| 58 | law; provided, however, after the adjustment for any change, |
| 59 | addition, reduction, or improvement, the property shall be |
| 60 | assessed as provided herein. |
| 61 | (6) In the event of a termination of homestead status, the |
| 62 | property shall be assessed as provided by general law. |
| 63 | (7) The provisions of this amendment are severable. If any |
| 64 | of the provisions of this amendment shall be held |
| 65 | unconstitutional by any court of competent jurisdiction, the |
| 66 | decision of such court shall not affect or impair any remaining |
| 67 | provisions of this amendment. |
| 68 | (8) When a person's homestead property in this state is |
| 69 | taken by power of eminent domain and within two years the person |
| 70 | establishes another property as homestead property, the newly |
| 71 | established homestead property shall be initially assessed at |
| 72 | less than just value, as provided by general law. The difference |
| 73 | between the new homestead property's just value and its assessed |
| 74 | value in the first year the homestead is established may not |
| 75 | exceed the difference between the previous homestead property's |
| 76 | just value and its assessed value in the year the homestead |
| 77 | property was taken by eminent domain. In addition, the assessed |
| 78 | value of the new homestead property must equal or exceed the |
| 79 | assessed value of the previous homestead property. Thereafter, |
| 80 | the homestead property shall be assessed as provided herein. |
| 81 | (d) The legislature may, by general law, for assessment |
| 82 | purposes and subject to the provisions of this subsection, allow |
| 83 | counties and municipalities to authorize by ordinance that |
| 84 | historic property may be assessed solely on the basis of |
| 85 | character or use. Such character or use assessment shall apply |
| 86 | only to the jurisdiction adopting the ordinance. The |
| 87 | requirements for eligible properties must be specified by |
| 88 | general law. |
| 89 | (e) A county may, in the manner prescribed by general law, |
| 90 | provide for a reduction in the assessed value of homestead |
| 91 | property to the extent of any increase in the assessed value of |
| 92 | that property which results from the construction or |
| 93 | reconstruction of the property for the purpose of providing |
| 94 | living quarters for one or more natural or adoptive grandparents |
| 95 | or parents of the owner of the property or of the owner's spouse |
| 96 | if at least one of the grandparents or parents for whom the |
| 97 | living quarters are provided is 62 years of age or older. Such a |
| 98 | reduction may not exceed the lesser of the following: |
| 99 | (1) The increase in assessed value resulting from |
| 100 | construction or reconstruction of the property. |
| 101 | (2) Twenty percent of the total assessed value of the |
| 102 | property as improved. |
| 103 | BE IT FURTHER RESOLVED that the following statement be |
| 104 | placed on the ballot: |
| 105 | CONSTITUTIONAL AMENDMENT |
| 106 | ARTICLE VII, SECTION 4 |
| 107 | ASSESSMENT OF NEWLY ESTABLISHED HOMESTEAD PROPERTY AFTER |
| 108 | EMINENT DOMAIN TAKING OF PREVIOUS HOMESTEAD PROPERTY.--Proposing |
| 109 | an amendment to the State Constitution to provide for assessing |
| 110 | at less than just value property established as homestead |
| 111 | property within 2 years after a previous homestead property is |
| 112 | taken by eminent domain, to provide that the difference between |
| 113 | the new homestead property's just value and its assessed value |
| 114 | in the first year may not exceed the difference between the |
| 115 | previous homestead property's just value and its assessed value |
| 116 | in the year the previous homestead property was taken by eminent |
| 117 | domain, and to provide that the assessed value of the new |
| 118 | homestead property must equal or exceed the assessed value of |
| 119 | the previous homestead property. |