HB 0039CS

CHAMBER ACTION




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


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