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