HJR 39

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 4 of
3Article VII of the State Constitution relating to
4limitations on assessments of residential and commercial
5property.
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 residential or commercial property persons
28entitled to a homestead exemption under Section 6 of this
29Article shall be have their homestead assessed at just value as
30of January 1 of the year following the effective date of this
31amendment. This assessment shall change only as provided 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)  After any change of ownership, as provided by general
44law, residential or commercial homestead property shall be
45assessed at just value as of January 1 of the following year.
46Thereafter, the property homestead shall be assessed as provided
47herein.
48     (4)  New residential or commercial homestead property shall
49be assessed at just value as of January 1st of the year
50following the completion of construction establishment of the
51property homestead. That assessment shall only change as
52provided herein.
53     (5)  Changes, additions, reductions, or improvements to
54residential or commercial homestead property shall be assessed
55as provided for by general law; provided, however, after the
56adjustment for any change, addition, reduction, or improvement,
57the property shall be assessed as provided herein.
58     (6)  In the event of a termination of homestead status, the
59property shall be assessed as provided by general law.
60     (6)(7)  The provisions of this amendment are severable. If
61any of the provisions of this amendment shall be held
62unconstitutional by any court of competent jurisdiction, the
63decision of such court shall not affect or impair any remaining
64provisions of this amendment.
65     (d)  The legislature may, by general law, for assessment
66purposes and subject to the provisions of this subsection, allow
67counties and municipalities to authorize by ordinance that
68historic property may be assessed solely on the basis of
69character or use. Such character or use assessment shall apply
70only to the jurisdiction adopting the ordinance. The
71requirements for eligible properties must be specified by
72general law.
73     (e)  A county may, in the manner prescribed by general law,
74provide for a reduction in the assessed value of homestead
75property to the extent of any increase in the assessed value of
76that property which results from the construction or
77reconstruction of the property for the purpose of providing
78living quarters for one or more natural or adoptive grandparents
79or parents of the owner of the property or of the owner's spouse
80if at least one of the grandparents or parents for whom the
81living quarters are provided is 62 years of age or older. Such a
82reduction may not exceed the lesser of the following:
83     (1)  The increase in assessed value resulting from
84construction or reconstruction of the property.
85     (2)  Twenty percent of the total assessed value of the
86property as improved.
87     BE IT FURTHER RESOLVED that the following statement be
88placed on the ballot:
89
CONSTITUTIONAL AMENDMENT
90
ARTICLE VII, SECTION 4
91     LIMITATIONS ON ASSESSMENTS OF RESIDENTIAL AND COMMERCIAL
92PROPERTY.--Proposing an amendment to the State Constitution to
93apply to all residential and commercial property the limitations
94on assessments of property at just value currently applicable
95only to homestead property.


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