HJR 11D

1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 4 of
3	Article VII of the State Constitution to roll back the
4	assessed value of homestead real property to the value of
5	similar property as of a certain date, adjust such value
6	to the present, and provide for retroactive effect.
7
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 VII of
11	the State Constitution is agreed to and shall be submitted to
12	the electors of this state for approval or rejection at the next
13	general election or at an earlier special election specifically
14	authorized by law for that purpose:
15	ARTICLE VII
16	FINANCE AND TAXATION
17	SECTION 4.  Taxation; assessments.--By general law
18	regulations shall be prescribed which shall secure a just
19	valuation of all property for ad valorem taxation, provided:
20	(a)  Agricultural land, land producing high water recharge
21	to Florida's aquifers, or land used exclusively for
22	noncommercial recreational purposes may be classified by general
23	law and assessed solely on the basis of character or use.
24	(b)  Pursuant to general law tangible personal property
25	held for sale as stock in trade and livestock may be valued for
26	taxation at a specified percentage of its value, may be
27	classified for tax purposes, or may be exempted from taxation.
28	(c)  All persons entitled to a homestead exemption under
29	Section 6 of this Article shall have their homestead assessed at
30	just value as of January 1 of the year following the effective
31	date of this amendment. This assessment shall change only as
32	provided herein.
33	(1)  Assessments subject to this provision shall be changed
34	annually on January 1st of each year; but those changes in
35	assessments shall not exceed the lower of the following:
36	a.  Three percent (3%) of the assessment for the prior
37	year.
38	b.  The percent change in the Consumer Price Index for all
39	urban consumers, U.S. City Average, all items 1967=100, or
40	successor reports for the preceding calendar year as initially
41	reported by the United States Department of Labor, Bureau of
42	Labor Statistics.
43	(2)  No assessment shall exceed just value.
44	(3)  After any change of ownership, as provided by general
45	law, homestead property shall be assessed at just value as of
46	January 1 of the following year unless the provisions of
47	paragraph (8) apply. Thereafter, the homestead shall be assessed
48	as provided herein.
49	(4)  New homestead property shall be assessed at just value
50	as of January 1st of the year following the establishment of the
51	homestead unless the provisions of paragraph (8) apply. That
52	assessment shall only change as provided herein.
53	(5)  Changes, additions, reductions, or improvements to
54	homestead property shall be assessed as provided for by general
55	law; provided, however, after the adjustment for any change,
56	addition, reduction, or improvement, the property shall be
57	assessed as provided herein.
58	(6)  In the event of a termination of homestead status, the
59	property shall be assessed as provided by general law.
60	(7)  The provisions of this amendment are severable. If any
61	of the provisions of this amendment shall be held
62	unconstitutional by any court of competent jurisdiction, the
63	decision of such court shall not affect or impair any remaining
64	provisions of this amendment.
65	(8)a.  When a person sells homestead real property in this
66	state and purchases and establishes another homestead real
67	property in this state, the assessed value of the newly
68	established homestead real property shall be rolled back to the
69	assessed value for a similar home in the same county for the
70	year 1994, and the assessments shall then be adjusted for each
71	subsequent year as if the limitations on assessments contained
72	in this subsection had been continuously in effect since January
73	1, 1995, and had been applied in each subsequent year. The
74	assessed value for 2009 and all subsequent years shall be
75	adjusted pursuant to this subsection.
76	b.  Subparagraph a. does not apply to ad valorem taxes
77	levied for the payment of bonds issued pursuant to Section 12 of
78	this Article or levied for periods not longer than 2 years when
79	authorized by a vote of the electors.
80	c.  The amendment to this section creating this paragraph
81	and cross-references to this paragraph shall take effect upon
82	approval by a vote of the electors and shall apply retroactively
83	to January 1 of the year in which approved.
84	(d)  The legislature may, by general law, for assessment
85	purposes and subject to the provisions of this subsection, allow
86	counties and municipalities to authorize by ordinance that
87	historic property may be assessed solely on the basis of
88	character or use. Such character or use assessment shall apply
89	only to the jurisdiction adopting the ordinance. The
90	requirements for eligible properties must be specified by
91	general law.
92	(e)  A county may, in the manner prescribed by general law,
93	provide for a reduction in the assessed value of homestead
94	property to the extent of any increase in the assessed value of
95	that property which results from the construction or
96	reconstruction of the property for the purpose of providing
97	living quarters for one or more natural or adoptive grandparents
98	or parents of the owner of the property or of the owner's spouse
99	if at least one of the grandparents or parents for whom the
100	living quarters are provided is 62 years of age or older. Such a
101	reduction may not exceed the lesser of the following:
102	(1)  The increase in assessed value resulting from
103	construction or reconstruction of the property.
104	(2)  Twenty percent of the total assessed value of the
105	property as improved.
106	BE IT FURTHER RESOLVED that the following statement be
107	placed on the ballot:
108	CONSTITUTIONAL AMENDMENT
109	ARTICLE VII, SECTION 4
110	ASSESSED VALUE OF HOMESTEAD REAL PROPERTY.--Proposing an
111	amendment to the State Constitution to provide for rolling back
112	the assessed value of newly established homestead real property,
113	after a sale of homestead property, to the value of similar
114	property as of 1994, adjusting such value from such date to the
115	present by the Save Our Homes assessment increase limitation
116	factors, and providing for retroactive effect to January 1,
117	2008, upon approval by vote of the electors.

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