1 | Representative Domino offered the following: |
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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 |
6 | Article VII and the creation of Section 26 of Article XII of the |
7 | State Constitution are agreed to and shall be submitted to the |
8 | electors of this state for approval or rejection at the next |
9 | general election or at an earlier special election specifically |
10 | authorized by law for that purpose: |
11 | ARTICLE VII |
12 | FINANCE AND TAXATION |
13 | SECTION 4. Taxation; assessments.--By general law |
14 | regulations shall be prescribed which shall secure a just |
15 | valuation of all property for ad valorem taxation, provided: |
16 | (a) Agricultural land, land producing high water recharge |
17 | to Florida's aquifers, or land used exclusively for |
18 | noncommercial recreational purposes may be classified by general |
19 | law and assessed solely on the basis of character or use. |
20 | (b) Pursuant to general law tangible personal property |
21 | held for sale as stock in trade and livestock may be valued for |
22 | taxation at a specified percentage of its value, may be |
23 | classified for tax purposes, or may be exempted from taxation. |
24 | (c) All persons entitled to a homestead exemption under |
25 | Section 6 of this Article shall have their homestead assessed at |
26 | just value as of January 1 of the year following the effective |
27 | date of this amendment. This assessment shall change only as |
28 | provided herein. |
29 | (1) Assessments subject to this provision shall be changed |
30 | annually on January 1st of each year; but those changes in |
31 | assessments shall not exceed the lower of the following: |
32 | a. Three percent (3%) of the assessment for the prior |
33 | year. |
34 | b. The percent change in the Consumer Price Index for all |
35 | urban consumers, U.S. City Average, all items 1967=100, or |
36 | successor reports for the preceding calendar year as initially |
37 | reported by the United States Department of Labor, Bureau of |
38 | Labor Statistics. |
39 | (2) No assessment shall exceed just value. |
40 | (3) After any change of ownership, as provided by general |
41 | law, homestead property shall be assessed at just value as of |
42 | January 1 of the following year, unless the provisions of |
43 | paragraph (8) apply. Thereafter, the homestead shall be assessed |
44 | as provided herein. |
45 | (4) New homestead property shall be assessed at just value |
46 | as of January 1st of the year following the establishment of the |
47 | homestead, unless the provisions of paragraph (8) apply. That |
48 | assessment shall only change as provided herein. |
49 | (5) Changes, additions, reductions, or improvements to |
50 | homestead property shall be assessed as provided for by general |
51 | law; provided, however, after the adjustment for any change, |
52 | addition, reduction, or improvement, the property shall be |
53 | assessed as provided herein. |
54 | (6) In the event of a termination of homestead status, the |
55 | property shall be assessed as provided by general law. |
56 | (7) The provisions of this amendment are severable. If any |
57 | of the provisions of this amendment shall be held |
58 | unconstitutional by any court of competent jurisdiction, the |
59 | decision of such court shall not affect or impair any remaining |
60 | provisions of this amendment. |
61 | (8) When a person sells his or her homestead property |
62 | within this state and within one year purchases another property |
63 | and establishes such property as homestead property, the newly |
64 | established homestead property shall be initially assessed at |
65 | less than just value, as provided by general law. The difference |
66 | between the new homestead property's just value and its assessed |
67 | value in the first year the homestead is established may not |
68 | exceed the difference between the previous homestead property's |
69 | just value and its assessed value in the year of sale. In |
70 | addition, to be assessed as provided in this paragraph, the |
71 | assessed value of the new homestead property must equal or |
72 | exceed the assessed value of the previous homestead property. |
73 | Thereafter, the homestead property shall be assessed as provided |
74 | herein. Homestead property located within a fiscally constrained |
75 | county may be exempt from this paragraph as provided by general |
76 | law and subject to approval of the electors of the county voting |
77 | in a referendum to be held no earlier than November 1, 2009. |
78 | (d) The legislature may, by general law, for assessment |
79 | purposes and subject to the provisions of this subsection, allow |
80 | counties and municipalities to authorize by ordinance that |
81 | historic property may be assessed solely on the basis of |
82 | character or use. Such character or use assessment shall apply |
83 | only to the jurisdiction adopting the ordinance. The |
84 | requirements for eligible properties must be specified by |
85 | general law. |
86 | (e) A county may, in the manner prescribed by general law, |
87 | provide for a reduction in the assessed value of homestead |
88 | property to the extent of any increase in the assessed value of |
89 | that property which results from the construction or |
90 | reconstruction of the property for the purpose of providing |
91 | living quarters for one or more natural or adoptive grandparents |
92 | or parents of the owner of the property or of the owner's spouse |
93 | if at least one of the grandparents or parents for whom the |
94 | living quarters are provided is 62 years of age or older. Such a |
95 | reduction may not exceed the lesser of the following: |
96 | (1) The increase in assessed value resulting from |
97 | construction or reconstruction of the property. |
98 | (2) Twenty percent of the total assessed value of the |
99 | property as improved. |
100 |
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101 |
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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 |
107 | EXEMPTION.--Proposing amendments to the State Constitution to |
108 | provide for assessing at less than just value property purchased |
109 | within one year after a sale of homestead property and |
110 | established as new homestead property, prohibiting the |
111 | difference between the new homestead property's just value and |
112 | its assessed value in the first year the homestead is |
113 | established from exceeding the difference between the previous |
114 | homestead property's just value and its assessed value in the |
115 | year of sale, requiring the new homestead property's assessed |
116 | value to equal or exceed the previous homestead property's |
117 | assessed value, and authorizing an exemption from such less- |
118 | than-just-value assessments for homestead property in a fiscally |
119 | constrained county subject to voter referendum approval no |
120 | earlier than November 1, 2009, and to increase the maximum |
121 | additional homestead |
122 |
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123 |
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124 | ======= T I T L E A M E N D M E N T ======= |
125 | Remove lines 6-8 and insert: |
126 | A joint resolution proposing amendments to Sections 4 and |
127 | 6 of Article VII and the creation of Section 26 of Article |
128 | XII of the State Constitution to provide an additional |
129 | circumstance for assessing homestead property at less than |
130 | just value, authorize an exemption from such circumstance |
131 | for homestead property in fiscally constrained counties |
132 | subject to voter approval, and increase the maximum |