Senate Bill sb2204

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    Florida Senate - 2007                                 SJR 2204

    By Senator Villalobos





    38-1361-07                                         See HJR 459

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 4 of Article VII of the State

  4         Constitution to provide an additional

  5         circumstance for assessing homestead property

  6         at less than just value.

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

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10         That the following amendment to Section 4 of Article

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

12  submitted to the electors of this state for approval or

13  rejection at the next general election or at an earlier

14  special election specifically authorized by law for that

15  purpose:

16                           ARTICLE VII

17                       FINANCE AND TAXATION

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

19  regulations shall be prescribed which shall secure a just

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

21         (a)  Agricultural land, land producing high water

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

23  noncommercial recreational purposes may be classified by

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

25  use.

26         (b)  Pursuant to general law tangible personal property

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

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

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

30         (c)  All persons entitled to a homestead exemption

31  under Section 6 of this Article shall have their homestead

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    Florida Senate - 2007                                 SJR 2204
    38-1361-07                                         See HJR 459




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

 2  the effective date of this amendment. This assessment shall

 3  change only as provided herein.

 4         (1)  Assessments subject to this provision shall be

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

 6  changes in assessments shall not exceed the lower of the

 7  following:

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

 9  year.

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

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

12  successor reports for the preceding calendar year as initially

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

14  Labor Statistics.

15         (2)  No assessment shall exceed just value.

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

17  general law, homestead property shall be assessed at just

18  value as of January 1 of the following year, unless the

19  application of paragraph (8) yields an initial lesser

20  assessment. Thereafter, the homestead shall be assessed as

21  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, unless the application of

25  paragraph (8) yields an initial lesser assessment. That

26  assessment shall only change as provided herein.

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

28  homestead property shall be assessed as provided for by

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

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

31  shall be assessed as provided herein.

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    Florida Senate - 2007                                 SJR 2204
    38-1361-07                                         See HJR 459




 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. If

 4  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         (8)  When a person sells his or her homestead property

 9  within this state and within two years purchases another

10  property and establishes such property as homestead property,

11  the newly established homestead property shall, in the first

12  year the homestead is established, be initially assessed at

13  less than just value, as provided by general law. However, the

14  initial assessment may not be less than the assessment

15  applicable to the prior homestead property at the time of

16  sale. To qualify for such initial lesser assessment, the just

17  value of the new homestead property at the time of purchase

18  must not exceed the just value of the prior homestead property

19  at the time of sale, the person selling the prior homestead

20  property must not have previously received the initial lesser

21  assessment authorized by this paragraph for a homestead

22  property, the new homestead property and the prior homestead

23  property must be in the same county, and the total building

24  square footage of the new homestead property must not exceed

25  one hundred ten percent of the total building square footage

26  of the prior homestead property. Following the initial lesser

27  assessment, the new homestead property shall be assessed as

28  provided in this subsection.

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

30  assessment purposes and subject to the provisions of this

31  subsection, allow counties and municipalities to authorize by

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    Florida Senate - 2007                                 SJR 2204
    38-1361-07                                         See HJR 459




 1  ordinance that historic property may be assessed solely on the

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

 3  shall apply only to the jurisdiction adopting the ordinance.

 4  The requirements for eligible properties must be specified by

 5  general law.

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

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

 8  homestead property to the extent of any increase in the

 9  assessed value of that property which results from the

10  construction or reconstruction of the property for the purpose

11  of providing living quarters for one or more natural or

12  adoptive grandparents or parents of the owner of the property

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

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

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

16  lesser of the following:

17         (1)  The increase in assessed value resulting from

18  construction or reconstruction of the property.

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

20  property as improved.

21         BE IT FURTHER RESOLVED that the following statement be

22  placed on the ballot:

23                     CONSTITUTIONAL AMENDMENT

24                      ARTICLE VII, SECTION 4

25         TAXATION; HOMESTEAD PROPERTY ASSESSMENTS.--Proposing an

26  amendment to the State Constitution to provide for assessing

27  at less than just value property purchased within 2 years

28  after the sale of homestead property if the new property is

29  established as homestead and if the initial lesser assessment

30  of the new property is not less than the assessment applicable

31  to the prior homestead at the time of sale, and to provide

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    Florida Senate - 2007                                 SJR 2204
    38-1361-07                                         See HJR 459




 1  that the just value of the new homestead must not exceed the

 2  just value of the prior homestead, that the person selling the

 3  prior homestead must not have previously received the initial

 4  lesser assessment, that both the new homestead and prior

 5  homestead must be in the same county, and that the total

 6  building square footage of the new homestead must not exceed

 7  110 percent of the square footage of the prior homestead.

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