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