HJR 239

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 4 of
3Article VII of the State Constitution relating to
4assessments of homestead property after changes in
5ownership.
6
7Be It Resolved by the Legislature of the State of Florida:
8
9     That the following amendment to Section 4 of Article VII of
10the State Constitution is agreed to and shall be submitted to
11the electors of this state for approval or rejection at the next
12general election or at an earlier special election specifically
13authorized by law for that purpose:
14
ARTICLE VII
15
FINANCE AND TAXATION
16     SECTION 4.  Taxation; assessments.--By general law
17regulations shall be prescribed which shall secure a just
18valuation of all property for ad valorem taxation, provided:
19     (a)  Agricultural land, land producing high water recharge
20to Florida's aquifers, or land used exclusively for
21noncommercial recreational purposes may be classified by general
22law and assessed solely on the basis of character or use.
23     (b)  Pursuant to general law tangible personal property
24held for sale as stock in trade and livestock may be valued for
25taxation at a specified percentage of its value, may be
26classified for tax purposes, or may be exempted from taxation.
27     (c)  All persons entitled to a homestead exemption under
28Section 6 of this Article shall have their homestead assessed at
29just value as of January 1 of the year following the effective
30date of this amendment. This assessment shall change only as
31provided herein.
32     (1)  Assessments subject to this provision shall be changed
33annually on January 1st of each year; but those changes in
34assessments shall not exceed the lower of the following:
35     a.  Three percent (3%) of the assessment for the prior
36year.
37     b.  The percent change in the Consumer Price Index for all
38urban consumers, U.S. City Average, all items 1967=100, or
39successor reports for the preceding calendar year as initially
40reported by the United States Department of Labor, Bureau of
41Labor Statistics.
42     (2)  No assessment shall exceed just value.
43     (3)a.  Except as provided in subparagraph b., after any
44change of ownership, as provided by general law, homestead
45property shall be assessed at just value as of January 1 of the
46following year. Thereafter, the homestead shall be assessed as
47provided herein.
48     b.  By ordinance of a county, subject to approval by a
49majority of the electors of the county voting in a referendum on
50the adoption of such ordinance, the county may authorize the
51assessment of homestead property at other than just value as
52follows: When the owner of homestead property sells the property
53and within one year purchases another property in this state as
54homestead property, an amount as specified by the ordinance of
55up to $250,000 of the difference between the assessed value and
56the market value of the property sold shall be subtracted from
57the market value of the purchased property for purposes of
58determining the assessed value of the purchased property.
59However, the subtraction may not result in an assessed value of
60the purchased property lower than the assessed value of such
61property at the time of purchase if the property was used as
62homestead property at the time of purchase. The $250,000 amount
63shall be adjusted each year to reflect the rate of inflation as
64indicated in the Consumer Price Index for All Urban Consumers,
65U.S. City Average, Housing, or successor reports as reported by
66the Bureau of Labor Statistics of the United States Department
67of Labor, or its successor.
68     (4)  New homestead property shall be assessed at just value
69as of January 1st of the year following the establishment of the
70homestead. That assessment shall only change as provided herein.
71     (5)  Changes, additions, reductions, or improvements to
72homestead property shall be assessed as provided for by general
73law; provided, however, after the adjustment for any change,
74addition, reduction, or improvement, the property shall be
75assessed as provided herein.
76     (6)  In the event of a termination of homestead status, the
77property shall be assessed as provided by general law.
78     (7)  The provisions of this amendment are severable. If any
79of the provisions of this amendment shall be held
80unconstitutional by any court of competent jurisdiction, the
81decision of such court shall not affect or impair any remaining
82provisions of this amendment.
83     (d)  The legislature may, by general law, for assessment
84purposes and subject to the provisions of this subsection, allow
85counties and municipalities to authorize by ordinance that
86historic property may be assessed solely on the basis of
87character or use. Such character or use assessment shall apply
88only to the jurisdiction adopting the ordinance. The
89requirements for eligible properties must be specified by
90general law.
91     (e)  A county may, in the manner prescribed by general law,
92provide for a reduction in the assessed value of homestead
93property to the extent of any increase in the assessed value of
94that property which results from the construction or
95reconstruction of the property for the purpose of providing
96living quarters for one or more natural or adoptive grandparents
97or parents of the owner of the property or of the owner's spouse
98if at least one of the grandparents or parents for whom the
99living quarters are provided is 62 years of age or older. Such a
100reduction may not exceed the lesser of the following:
101     (1)  The increase in assessed value resulting from
102construction or reconstruction of the property.
103     (2)  Twenty percent of the total assessed value of the
104property as improved.
105     BE IT FURTHER RESOLVED that the following statement be
106placed on the ballot:
107
CONSTITUTIONAL AMENDMENT
108
ARTICLE VII, SECTION 4
109     HOMESTEAD PROPERTY ASSESSMENTS AFTER CHANGES IN
110OWNERSHIP.--Proposing an amendment to the State Constitution to
111authorize counties to provide, by ordinance subject to voter
112approval of the ordinance by referendum, for assessing homestead
113property at other than just value by requiring, when homestead
114property is sold and replacement homestead property is purchased
115within one year, the subtraction of up to $250,000 of the
116difference between the assessed value and the market value of
117sold homestead property from the market value of replacement
118homestead property for purposes of determining the assessed
119value of the replacement homestead property; and adjusting the
120$250,000 threshold to reflect the rate of inflation of the
121Consumer Price Index for housing.


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