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