Senate Bill sb2108

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    Florida Senate - 2007                                 SJR 2108

    By Senator Baker





    20-1028-07

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 4 of Article VII of the State

  4         Constitution, relating to taxation and

  5         assessments, to provide for an adjustment in

  6         the valuation of homestead property to which

  7         the Save Our Homes limitations apply.

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  9  Be It Resolved by the Legislature of the State of Florida:

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11         That the following amendment to Section 4 of Article

12  VII of the State Constitution is agreed to and shall be

13  submitted to the electors of this state for approval or

14  rejection at the next general election or at an earlier

15  special election specifically authorized by law for that

16  purpose:

17                           ARTICLE VII

18                       FINANCE AND TAXATION

19         SECTION 4.  Taxation; assessments.--By general law

20  regulations shall be prescribed which shall secure a just

21  valuation of all property for ad valorem taxation, provided:

22         (a)  Agricultural land, land producing high water

23  recharge to Florida's aquifers, or land used exclusively for

24  noncommercial recreational purposes may be classified by

25  general law and assessed solely on the basis of character or

26  use.

27         (b)  Pursuant to general law tangible personal property

28  held for sale as stock in trade and livestock may be valued

29  for taxation at a specified percentage of its value, may be

30  classified for tax purposes, or may be exempted from taxation.

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    Florida Senate - 2007                                 SJR 2108
    20-1028-07




 1         (c)  All persons entitled to a homestead exemption

 2  under Section 6 of this Article shall have their homestead

 3  assessed at just value as of January 1 of the year following

 4  the effective date of this amendment.  This assessment shall

 5  change only as provided herein.

 6         (1)  Assessments subject to this provision shall be

 7  changed annually on January 1st of each year; but those

 8  changes in assessments shall not exceed the lower of the

 9  following:

10         a.  Three percent (3%) of the assessment for the prior

11  year.

12         b.  The percent change in the Consumer Price Index for

13  all urban consumers, U.S. City Average, all items 1967=100, or

14  successor reports for the preceding calendar year as initially

15  reported by the United States Department of Labor, Bureau of

16  Labor Statistics.

17         (2)  No assessment shall exceed just value.

18         (3)  After any change of ownership, as provided by

19  general law, homestead property shall be assessed at just

20  value as of January 1 of the following year.  Thereafter, the

21  homestead shall be assessed as provided herein.

22         (4)  New homestead property shall be assessed at just

23  value as of January 1st of the year following the

24  establishment of the homestead. That assessment shall only

25  change as provided herein.

26         (5)  Changes, additions, reductions, or improvements to

27  homestead property shall be assessed as provided for by

28  general law; provided, however, after the adjustment for any

29  change, addition, reduction, or improvement, the property

30  shall be assessed as provided herein.

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    Florida Senate - 2007                                 SJR 2108
    20-1028-07




 1         (6)  In the event of a termination of homestead status,

 2  the property shall be assessed as provided by general law.

 3         (7)  The provisions of this amendment are severable.

 4  If any of the provisions of this amendment shall be held

 5  unconstitutional by any court of competent jurisdiction, the

 6  decision of such court shall not affect or impair any

 7  remaining provisions of this amendment.

 8         (d)  The legislature may, by general law, for

 9  assessment purposes and subject to the provisions of this

10  subsection, allow counties and municipalities to authorize by

11  ordinance that historic property may be assessed solely on the

12  basis of character or use.  Such character or use assessment

13  shall apply only to the jurisdiction adopting the ordinance.

14  The requirements for eligible properties must be specified by

15  general law.

16         (e)  A county may, in the manner prescribed by general

17  law, provide for a reduction in the assessed value of

18  homestead property to the extent of any increase in the

19  assessed value of that property which results from the

20  construction or reconstruction of the property for the purpose

21  of providing living quarters for one or more natural or

22  adoptive grandparents or parents of the owner of the property

23  or of the owner's spouse if at least one of the grandparents

24  or parents for whom the living quarters are provided is 62

25  years of age or older. Such a reduction may not exceed the

26  lesser of the following:

27         (1)  The increase in assessed value resulting from

28  construction or reconstruction of the property.

29         (2)  Twenty percent of the total assessed value of the

30  property as improved.

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    Florida Senate - 2007                                 SJR 2108
    20-1028-07




 1         (f)  The valuation of property that is homestead

 2  property as of the effective date of this subsection shall be

 3  adjusted as provided in this subsection. The valuation of

 4  property on which a new homestead exemption is claimed on or

 5  after the effective date of this subsection shall be set as

 6  provided in this subsection.

 7         (1)  The legislature by general law shall determine the

 8  statewide average homestead save our homes differential value

 9  percentage as of the January 1 immediately preceding the

10  effective date of this subsection. This figure shall be

11  calculated as the percentage obtained by dividing the average

12  save our homes value of homestead properties by the average

13  just valuation of homestead properties.

14         (2)  On the January 1 following the effective date of

15  this subsection, each homestead property that is assessed at

16  less than the differential value percentage shall be

17  reassessed at the differential value percentage of its market

18  value; however, the difference between the differential value

19  and market value of any homestead may not exceed four hundred

20  thousand dollars.

21         (3)  On and after the January 1 following the effective

22  date of this subsection, each property that has changed

23  ownership and on which the new owner or owners claim homestead

24  exemption shall be assessed at the differential value

25  percentage of its just value at the time the exemption is

26  claimed.

27         (4)  After the January 1 following the effective date

28  of this subsection, changes in the assessment of homestead

29  property shall be made according to subsection (c) of this

30  section.

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    Florida Senate - 2007                                 SJR 2108
    20-1028-07




 1         BE IT FURTHER RESOLVED that the following statement be

 2  placed on the ballot:

 3                     CONSTITUTIONAL AMENDMENT

 4                      ARTICLE VII, SECTION 4

 5         ADJUSTMENT TO VALUATION OF HOMESTEAD

 6  PROPERTY.--Proposing an amendment to the State Constitution

 7  which would require the Legislature to determine the

 8  percentage of just value of homestead property represented by

 9  the Save Our Homes valuation, which would provide for new

10  homestead exemptions to be appraised at that percentage of

11  just value, and which would provide for revaluation to that

12  percentage of present homestead property valued at less than

13  that percentage.

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