HJR 1461

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 4 of
3Article VII of the State Constitution to authorize
4reductions in assessed value of homestead property
5purchased by first-time homebuyers.
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 persons entitled to a homestead exemption under
28Section 6 of this Article shall have their homestead assessed at
29just value as of January 1 of the year following the effective
30date of this amendment. This assessment shall change only as
31provided 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, homestead property shall be assessed at just value as of
45January 1 of the following year. Thereafter, the homestead shall
46be assessed as provided herein.
47     (4)  New homestead property shall be assessed at just value
48as of January 1st of the year following the establishment of the
49homestead. That assessment shall only change as provided herein.
50     (5)  Changes, additions, reductions, or improvements to
51homestead property shall be assessed as provided for by general
52law; provided, however, after the adjustment for any change,
53addition, reduction, or improvement, the property shall be
54assessed as provided herein.
55     (6)  In the event of a termination of homestead status, the
56property shall be assessed as provided by general law.
57     (7)  The provisions of this amendment are severable. If any
58of the provisions of this amendment shall be held
59unconstitutional by any court of competent jurisdiction, the
60decision of such court shall not affect or impair any remaining
61provisions of this amendment.
62     (d)  The legislature may, by general law, for assessment
63purposes and subject to the provisions of this subsection, allow
64counties and municipalities to authorize by ordinance that
65historic property may be assessed solely on the basis of
66character or use. Such character or use assessment shall apply
67only to the jurisdiction adopting the ordinance. The
68requirements for eligible properties must be specified by
69general law.
70     (e)  A county may, in the manner prescribed by general law,
71provide for a reduction in the assessed value of homestead
72property to the extent of any increase in the assessed value of
73that property which results from the construction or
74reconstruction of the property for the purpose of providing
75living quarters for one or more natural or adoptive grandparents
76or parents of the owner of the property or of the owner's spouse
77if at least one of the grandparents or parents for whom the
78living quarters are provided is 62 years of age or older. Such a
79reduction may not exceed the lesser of the following:
80     (1)  The increase in assessed value resulting from
81construction or reconstruction of the property.
82     (2)  Twenty percent of the total assessed value of the
83property as improved.
84     (f)(1)  Notwithstanding subsection (c), a county or
85municipality in the county may, for assessment purposes and
86subject to the provisions of this subsection, by ordinance
87approved by vote of the electors of the county or municipality,
88provide for a reduction of up to $100,000 in the assessed value
89of property purchased and used as homestead property by a first-
90time homebuyer.
91     (2)  Such reduction shall be provided over a period of five
92years and shall be available only if the first-time homebuyer
93remains in and maintains the property as homestead property for
94the entire five-year period.
95     (3)  If ownership of the property changes within the five-
96year period, property taxes on the amount of the reduction and
97interest on the amount of such taxes shall become due and
98payable to the respective taxing authority.
99     (4)  At the end of the five-year period, the assessment of
100the property shall be calculated as provided in paragraph (c)(1)
101on the reduced amount from the date of the initial purchase of
102the property.
103     (5)  For purposes of this section, the term "first-time
104homebuyer" means a person who purchases a home in the county for
105use as a permanent primary residence, who has never owned a home
106in this state prior to such purchase, and who earns no more than
107120 percent of the median income of residents of the county.
108     BE IT FURTHER RESOLVED that the following statement be
109placed on the ballot:
110
CONSTITUTIONAL AMENDMENT
111
ARTICLE VII, SECTION 4
112     HOMESTEAD ASSESSED VALUE REDUCTION.--Proposing an amendment
113to the State Constitution to authorize any county or
114municipality in the county to provide by ordinance, subject to
115elector approval, for a reduction over a 5-year period of up to
116$100,000 in the assessed value of property purchased, used, and
117maintained by a first-time homebuyer as homestead property for 5
118years; provide for recapture of taxes on the reduced amount and
119interest on such taxes if ownership of the property changes
120within the 5-year period; provide for calculation of the
121assessed value of the property after the 5-year period at the
122Save Our Homes rate calculated on the reduced amount from the
123date of the original purchase of the property; and define a
124first-time homebuyer as a person who purchases a home in the
125county for use as a primary permanent residence, who has never
126owned a home in Florida prior to such purchase, and who earns no
127more than 120 percent of the median income of residents of the
128county.


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