1 | House Joint Resolution |
2 | A joint resolution proposing an amendment to Section 4 of |
3 | Article VII of the State Constitution to apply to all real |
4 | property the limitations on assessments applied to |
5 | homestead property and revise assessment requirements and |
6 | the creation of Section 27 of Article XII of the State |
7 | Constitution to specify an effective date. |
8 |
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9 | Be It Resolved by the Legislature of the State of Florida: |
10 |
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11 | That the following amendment to Section 4 of Article VII of |
12 | the State Constitution and creation of Section 27 of Article XII |
13 | of the State Constitution are agreed to and shall be submitted |
14 | to the electors of this state for approval or rejection at the |
15 | next general election or at an earlier special election |
16 | specifically authorized by law for that 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 recharge |
23 | to Florida's aquifers, or land used exclusively for |
24 | noncommercial recreational purposes may be classified by general |
25 | law and assessed solely on the basis of character or use. |
26 | (b) Pursuant to general law tangible personal property |
27 | held for sale as stock in trade and livestock may be valued for |
28 | 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 under |
31 | Section 6 of this Article shall have their real property |
32 | homestead assessed at just value as of January 1 of the year |
33 | following the effective date of this amendment. This assessment |
34 | shall change only as provided herein. |
35 | (1) Assessments subject to this provision shall be changed |
36 | annually on January 1st of each year, only if determined to be |
37 | necessary by the property appraiser based upon market data as |
38 | provided by general law; but those changes in assessments shall |
39 | not exceed the lower of the following: |
40 | a. Three percent (3%) of the assessment for the prior |
41 | year. |
42 | b. The percent change in the Consumer Price Index for all |
43 | urban consumers, U.S. City Average, all items 1967=100, or |
44 | successor reports for the preceding calendar year as initially |
45 | reported by the United States Department of Labor, Bureau of |
46 | Labor Statistics. |
47 | (2) No assessment shall exceed just value. |
48 | (3) After any change of ownership, as provided by general |
49 | law, real homestead property shall be assessed at just value as |
50 | of January 1 of the following year. Thereafter, the real |
51 | property homestead shall be assessed as provided herein. |
52 | (4) New real homestead property shall be assessed at just |
53 | value as of January 1st of the year following the establishment |
54 | of the real property homestead. That assessment shall only |
55 | change as provided herein. |
56 | (5) Changes, additions, reductions, or improvements to |
57 | real homestead property shall be assessed as provided for by |
58 | general law; provided, however, after the adjustment for any |
59 | change, addition, reduction, or improvement, the property shall |
60 | be assessed as provided herein. |
61 | (6) In the event of a termination of homestead status, the |
62 | property shall be assessed as provided by general law. |
63 | (6)(7) The provisions of this amendment are severable. If |
64 | any of the provisions of this amendment shall be held |
65 | unconstitutional by any court of competent jurisdiction, the |
66 | decision of such court shall not affect or impair any remaining |
67 | provisions of this amendment. |
68 | (d) The legislature may, by general law, for assessment |
69 | purposes and subject to the provisions of this subsection, allow |
70 | counties and municipalities to authorize by ordinance that |
71 | historic property may be assessed solely on the basis of |
72 | character or use. Such character or use assessment shall apply |
73 | only to the jurisdiction adopting the ordinance. The |
74 | requirements for eligible properties must be specified by |
75 | general law. |
76 | (e) A county may, in the manner prescribed by general law, |
77 | provide for a reduction in the assessed value of homestead |
78 | property to the extent of any increase in the assessed value of |
79 | that property which results from the construction or |
80 | reconstruction of the property for the purpose of providing |
81 | living quarters for one or more natural or adoptive grandparents |
82 | or parents of the owner of the property or of the owner's spouse |
83 | if at least one of the grandparents or parents for whom the |
84 | living quarters are provided is 62 years of age or older. Such a |
85 | reduction may not exceed the lesser of the following: |
86 | (1) The increase in assessed value resulting from |
87 | construction or reconstruction of the property. |
88 | (2) Twenty percent of the total assessed value of the |
89 | property as improved. |
90 | ARTICLE XII |
91 | SCHEDULE |
92 | SECTION 27. Assessments of real property.--The amendment |
93 | to Section 4 of Article VII applying to all real property the |
94 | limitations on assessments previously applied only to homestead |
95 | property and requiring changes in assessments only if determined |
96 | to be necessary by the property appraiser based upon market data |
97 | shall take effect January 1 of the year following the election |
98 | in which the amendment is approved. |
99 | BE IT FURTHER RESOLVED that the following statement be |
100 | placed on the ballot: |
101 | CONSTITUTIONAL AMENDMENT |
102 | ARTICLE VII, SECTION 4 |
103 | ARTICLE XII, SECTION 27 |
104 | LIMITATIONS ON ASSESSMENTS OF REAL PROPERTY.--Proposing |
105 | amendment of the State Constitution to apply to all real |
106 | property the limitations on assessments currently applied only |
107 | to homestead property and to require changes in assessments only |
108 | if determined to be necessary by the property appraiser based |
109 | upon market data, to take effect January 1 of the year following |
110 | approval of the amendment by the electors. |