| 1 | House Joint Resolution |
| 2 | A joint resolution proposing an amendment to Section 4 of |
| 3 | Article VII of the State Constitution to authorize |
| 4 | legislation that would permit counties to enact ordinances |
| 5 | which prohibit an increase in the assessed value of |
| 6 | homestead property owned by certain persons who are 62 |
| 7 | years of age or older. |
| 8 |
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| 9 | WHEREAS, William "Bill" Markham served as the Broward |
| 10 | County Property Appraiser from his election in 1968 until his |
| 11 | death in office in 2004, and |
| 12 | WHEREAS, Dr. Olga Maria Garcia Martinez, cofounder of |
| 13 | community action agency and "viejos utiles," worked tirelessly |
| 14 | to assist the elderly community until her death in 1973, NOW |
| 15 | THEREFORE, |
| 16 |
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| 17 | Be It Resolved by the Legislature of the State of Florida: |
| 18 |
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| 19 | That the following amendment to Section 4 of Article VII of |
| 20 | the State Constitution is agreed to and shall be submitted to |
| 21 | the electors of this state for approval or rejection at the next |
| 22 | general election or at an earlier special election specifically |
| 23 | authorized by law for that purpose: |
| 24 | ARTICLE VII |
| 25 | FINANCE AND TAXATION |
| 26 | SECTION 4. Taxation; assessments.--By general law |
| 27 | regulations shall be prescribed which shall secure a just |
| 28 | valuation of all property for ad valorem taxation, provided: |
| 29 | (a) Agricultural land, land producing high water recharge |
| 30 | to Florida's aquifers, or land used exclusively for |
| 31 | noncommercial recreational purposes may be classified by general |
| 32 | law and assessed solely on the basis of character or use. |
| 33 | (b) Pursuant to general law tangible personal property |
| 34 | held for sale as stock in trade and livestock may be valued for |
| 35 | taxation at a specified percentage of its value, may be |
| 36 | classified for tax purposes, or may be exempted from taxation. |
| 37 | (c) All persons entitled to a homestead exemption under |
| 38 | Section 6 of this Article shall have their homestead assessed at |
| 39 | just value as of January 1 of the year following the effective |
| 40 | date of this amendment. This assessment shall change only as |
| 41 | provided herein. |
| 42 | (1) Assessments subject to this provision shall be changed |
| 43 | annually on January 1st of each year; but those changes in |
| 44 | assessments shall not exceed the lower of the following: |
| 45 | a. Three percent (3%) of the assessment for the prior |
| 46 | year. |
| 47 | b. The percent change in the Consumer Price Index for all |
| 48 | urban consumers, U.S. City Average, all items 1967=100, or |
| 49 | successor reports for the preceding calendar year as initially |
| 50 | reported by the United States Department of Labor, Bureau of |
| 51 | Labor Statistics. |
| 52 | (2) No assessment shall exceed just value. |
| 53 | (3) After any change of ownership, as provided by general |
| 54 | law, homestead property shall be assessed at just value as of |
| 55 | January 1 of the following year. Thereafter, the homestead shall |
| 56 | be assessed as provided herein. |
| 57 | (4) New homestead property shall be assessed at just value |
| 58 | as of January 1st of the year following the establishment of the |
| 59 | homestead. That assessment shall only change as provided herein. |
| 60 | (5) Changes, additions, reductions, or improvements to |
| 61 | homestead property shall be assessed as provided for by general |
| 62 | law; provided, however, after the adjustment for any change, |
| 63 | addition, reduction, or improvement, the property shall be |
| 64 | assessed as provided herein. |
| 65 | (6) In the event of a termination of homestead status, the |
| 66 | property shall be assessed as provided by general law. |
| 67 | (7) The provisions of this amendment are severable. If any |
| 68 | of the provisions of this amendment shall be held |
| 69 | unconstitutional by any court of competent jurisdiction, the |
| 70 | decision of such court shall not affect or impair any remaining |
| 71 | provisions of this amendment. |
| 72 | (d) The legislature may, by general law, for assessment |
| 73 | purposes and subject to the provisions of this subsection, allow |
| 74 | counties and municipalities to authorize by ordinance that |
| 75 | historic property may be assessed solely on the basis of |
| 76 | character or use. Such character or use assessment shall apply |
| 77 | only to the jurisdiction adopting the ordinance. The |
| 78 | requirements for eligible properties must be specified by |
| 79 | general law. |
| 80 | (e) A county may, in the manner prescribed by general law, |
| 81 | provide for a reduction in the assessed value of homestead |
| 82 | property to the extent of any increase in the assessed value of |
| 83 | that property which results from the construction or |
| 84 | reconstruction of the property for the purpose of providing |
| 85 | living quarters for one or more natural or adoptive grandparents |
| 86 | or parents of the owner of the property or of the owner's spouse |
| 87 | if at least one of the grandparents or parents for whom the |
| 88 | living quarters are provided is 62 years of age or older. Such a |
| 89 | reduction may not exceed the lesser of the following: |
| 90 | (1) The increase in assessed value resulting from |
| 91 | construction or reconstruction of the property. |
| 92 | (2) Twenty percent of the total assessed value of the |
| 93 | property as improved. |
| 94 | (f) A county, by ordinance, may, in the manner prescribed |
| 95 | by general law, prohibit an increase in the assessed value of |
| 96 | homestead property located in that county which is owned by any |
| 97 | person who has attained age 62 and whose household income, as |
| 98 | defined by general law, does not exceed twenty-five thousand |
| 99 | dollars per year, as adjusted for inflation in accordance with |
| 100 | general law. |
| 101 | BE IT FURTHER RESOLVED that the following statement be |
| 102 | placed on the ballot: |
| 103 | CONSTITUTIONAL AMENDMENT |
| 104 | ARTICLE VII, SECTION 4 |
| 105 | PROHIBITING HOMESTEAD PROPERTY ASSESSED VALUE INCREASES FOR |
| 106 | SENIOR CITIZENS.--Proposing an amendment to the State |
| 107 | Constitution to provide that a county, by ordinance, may, in the |
| 108 | manner provided by general law, prohibit an increase in the |
| 109 | assessed value of homestead property located in that county |
| 110 | which is owned by a person who has attained age 62 and whose |
| 111 | household income, as defined by general law, does not exceed |
| 112 | $25,000 per year, as adjusted for inflation in accordance with |
| 113 | general law. |