Amendment
Bill No. 0353
Amendment No. 860585
CHAMBER ACTION
Senate House
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1Representative Domino offered the following:
2
3     Amendment (with ballot statement and title amendments)
4     Remove lines 15-22 and insert:
5     That the following amendments to Sections 4 and 6 of
6Article VII and the creation of Section 26 of Article XII of the
7State Constitution are agreed to and shall be submitted to the
8electors of this state for approval or rejection at the next
9general election or at an earlier special election specifically
10authorized by law for that purpose:
11
ARTICLE VII
12
FINANCE AND TAXATION
13     SECTION 4.  Taxation; assessments.--By general law
14regulations shall be prescribed which shall secure a just
15valuation of all property for ad valorem taxation, provided:
16     (a)  Agricultural land, land producing high water recharge
17to Florida's aquifers, or land used exclusively for
18noncommercial recreational purposes may be classified by general
19law and assessed solely on the basis of character or use.
20     (b)  Pursuant to general law tangible personal property
21held for sale as stock in trade and livestock may be valued for
22taxation at a specified percentage of its value, may be
23classified for tax purposes, or may be exempted from taxation.
24     (c)  All persons entitled to a homestead exemption under
25Section 6 of this Article shall have their homestead assessed at
26just value as of January 1 of the year following the effective
27date of this amendment. This assessment shall change only as
28provided herein.
29     (1)  Assessments subject to this provision shall be changed
30annually on January 1st of each year; but those changes in
31assessments shall not exceed the lower of the following:
32     a.  Three percent (3%) of the assessment for the prior
33year.
34     b.  The percent change in the Consumer Price Index for all
35urban consumers, U.S. City Average, all items 1967=100, or
36successor reports for the preceding calendar year as initially
37reported by the United States Department of Labor, Bureau of
38Labor Statistics.
39     (2)  No assessment shall exceed just value.
40     (3)  After any change of ownership, as provided by general
41law, homestead property shall be assessed at just value as of
42January 1 of the following year, unless the provisions of
43paragraph (8) apply. Thereafter, the homestead shall be assessed
44as provided herein.
45     (4)  New homestead property shall be assessed at just value
46as of January 1st of the year following the establishment of the
47homestead, unless the provisions of paragraph (8) apply. That
48assessment shall only change as provided herein.
49     (5)  Changes, additions, reductions, or improvements to
50homestead property shall be assessed as provided for by general
51law; provided, however, after the adjustment for any change,
52addition, reduction, or improvement, the property shall be
53assessed as provided herein.
54     (6)  In the event of a termination of homestead status, the
55property shall be assessed as provided by general law.
56     (7)  The provisions of this amendment are severable. If any
57of the provisions of this amendment shall be held
58unconstitutional by any court of competent jurisdiction, the
59decision of such court shall not affect or impair any remaining
60provisions of this amendment.
61     (8)  When a person sells his or her homestead property
62within this state and within one year purchases another property
63and establishes such property as homestead property, the newly
64established homestead property shall be initially assessed at
65less than just value, as provided by general law. The difference
66between the new homestead property's just value and its assessed
67value in the first year the homestead is established may not
68exceed the difference between the previous homestead property's
69just value and its assessed value in the year of sale. In
70addition, to be assessed as provided in this paragraph, the
71assessed value of the new homestead property must equal or
72exceed the assessed value of the previous homestead property.
73Thereafter, the homestead property shall be assessed as provided
74herein. Homestead property located within a fiscally constrained
75county may be exempt from this paragraph as provided by general
76law and subject to approval of the electors of the county voting
77in a referendum to be held no earlier than November 1, 2009.
78     (d)  The legislature may, by general law, for assessment
79purposes and subject to the provisions of this subsection, allow
80counties and municipalities to authorize by ordinance that
81historic property may be assessed solely on the basis of
82character or use. Such character or use assessment shall apply
83only to the jurisdiction adopting the ordinance. The
84requirements for eligible properties must be specified by
85general law.
86     (e)  A county may, in the manner prescribed by general law,
87provide for a reduction in the assessed value of homestead
88property to the extent of any increase in the assessed value of
89that property which results from the construction or
90reconstruction of the property for the purpose of providing
91living quarters for one or more natural or adoptive grandparents
92or parents of the owner of the property or of the owner's spouse
93if at least one of the grandparents or parents for whom the
94living quarters are provided is 62 years of age or older. Such a
95reduction may not exceed the lesser of the following:
96     (1)  The increase in assessed value resulting from
97construction or reconstruction of the property.
98     (2)  Twenty percent of the total assessed value of the
99property as improved.
100
101
102== B A L L O T  S T A T E M E N T  A M E N D M E N T ==
103     Remove lines 95-98 and insert:
104
ARTICLE VII, SECTIONS 4 AND 6
105
ARTICLE XII, SECTION 26
106     HOMESTEAD PROPERTY ASSESSMENTS AND INCREASED HOMESTEAD
107EXEMPTION.--Proposing amendments to the State Constitution to
108provide for assessing at less than just value property purchased
109within one year after a sale of homestead property and
110established as new homestead property, prohibiting the
111difference between the new homestead property's just value and
112its assessed value in the first year the homestead is
113established from exceeding the difference between the previous
114homestead property's just value and its assessed value in the
115year of sale, requiring the new homestead property's assessed
116value to equal or exceed the previous homestead property's
117assessed value, and authorizing an exemption from such less-
118than-just-value assessments for homestead property in a fiscally
119constrained county subject to voter referendum approval no
120earlier than November 1, 2009, and to increase the maximum
121additional homestead
122
123
124======= T I T L E  A M E N D M E N T =======
125     Remove lines 6-8 and insert:
126A joint resolution proposing amendments to Sections 4 and
1276 of Article VII and the creation of Section 26 of Article
128XII of the State Constitution to provide an additional
129circumstance for assessing homestead property at less than
130just value, authorize an exemption from such circumstance
131for homestead property in fiscally constrained counties
132subject to voter approval, and increase the maximum


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