HJR 27D

1	House Joint Resolution
2	A joint resolution proposing amendments to Sections 4 and
3	9 of Article VII of the State Constitution to specify
4	assessment increase limitations for homestead property,
5	nonhomestead residential property, and commercial
6	property; to provide for exceptions to such limitations
7	for changes in use; to continue to apply increase-limited
8	assessments to all properties after changes in ownership;
9	to roll back property assessments to 2003 and revise such
10	assessments annually to the present, subject to assessment
11	increase limitations; and to specify voting requirements
12	for increases in millage rates.
13
14	Be It Resolved by the Legislature of the State of Florida:
15
16	That the following amendments to Sections 4 and 9 of
17	Article VII of the State Constitution is agreed to and shall be
18	submitted to the electors of this state for approval or
19	rejection at the next general election or at an earlier special
20	election specifically authorized by law for that purpose:
21	ARTICLE VII
22	FINANCE AND TAXATION
23	SECTION 4.  Taxation; assessments.--By general law
24	regulations shall be prescribed which shall secure a just
25	valuation of all property for ad valorem taxation, provided:
26	(a)  Agricultural land, land producing high water recharge
27	to Florida's aquifers, or land used exclusively for
28	noncommercial recreational purposes may be classified by general
29	law and assessed solely on the basis of character or use.
30	(b)  Pursuant to general law tangible personal property
31	held for sale as stock in trade and livestock may be valued for
32	taxation at a specified percentage of its value, may be
33	classified for tax purposes, or may be exempted from taxation.
34	(c)  All persons entitled to a homestead exemption under
35	Section 6 of this Article shall have their homestead assessed at
36	just value as of January 1 of the year following the effective
37	date of this amendment. This assessment shall change only as
38	provided herein.
39	(1)  Assessments subject to this provision shall be changed
40	annually on January 1st of each year; but those changes in
41	assessments shall not exceed the lower of the following:
42	a.  three percent (3%) of the assessment for the prior
43	year.
44	b.  The percent change in the Consumer Price Index for all
45	urban consumers, U.S. City Average, all items 1967=100, or
46	successor reports for the preceding calendar year as initially
47	reported by the United States Department of Labor, Bureau of
48	Labor Statistics.
49	(2)  No assessment shall exceed just value.
50	(3)  After any change of ownership, as provided by general
51	law, homestead property shall be assessed at just value as of
52	January 1 of the following year. Thereafter, the homestead shall
53	be assessed as provided herein.
54	(3)(4)  New homestead property shall be assessed at just
55	value as of January 1st of the year following the establishment
56	of the homestead. That assessment shall only change as provided
57	herein.
58	(4)(5)  Changes, additions, reductions, or improvements to
59	homestead property shall be assessed as provided for by general
60	law; provided, however, after the adjustment for any change,
61	addition, reduction, or improvement, the property shall be
62	assessed as provided herein.
63	(5)(6)  In the event of a termination of homestead status,
64	the property shall be assessed as provided by general law.
65	(6)(7)  The provisions of this amendment are severable. If
66	any of the provisions of this amendment shall be held
67	unconstitutional by any court of competent jurisdiction, the
68	decision of such court shall not affect or impair any remaining
69	provisions of this amendment.
70	(d)  The legislature may, by general law, for assessment
71	purposes and subject to the provisions of this subsection, allow
72	counties and municipalities to authorize by ordinance that
73	historic property may be assessed solely on the basis of
74	character or use. Such character or use assessment shall apply
75	only to the jurisdiction adopting the ordinance. The
76	requirements for eligible properties must be specified by
77	general law.
78	(e)  A county may, in the manner prescribed by general law,
79	provide for a reduction in the assessed value of homestead
80	property to the extent of any increase in the assessed value of
81	that property which results from the construction or
82	reconstruction of the property for the purpose of providing
83	living quarters for one or more natural or adoptive grandparents
84	or parents of the owner of the property or of the owner's spouse
85	if at least one of the grandparents or parents for whom the
86	living quarters are provided is 62 years of age or older. Such a
87	reduction may not exceed the lesser of the following:
88	(1)  The increase in assessed value resulting from
89	construction or reconstruction of the property.
90	(2)  Twenty percent of the total assessed value of the
91	property as improved.
92	(f)  Pursuant to general law, all property that is
93	residential but not homestead property and all commercial
94	property shall be assessed at just value as of January 1 of the
95	year after the effective date of this amendment. This assessment
96	shall change only as provided herein. Assessments subject to
97	this provision may be changed annually on January 1 of each year
98	as follows:
99	(1)  For property that is residential but not homestead
100	property, those changes in assessments shall not exceed five
101	percent (5%) of the assessment for the prior year.
102	(2)  For commercial property, those changes in assessments
103	shall not exceed seven percent (7%) of the assessment for the
104	prior year.
105	(g)  Assessments as limited under this section shall carry
106	forward and apply to such properties after any change in
107	ownership.
108	(h)  Notwithstanding this section, if the use of any
109	property changes or has changed since 2003, or a substantial
110	improvement has been made as defined by general law, the
111	assessment of such property may change in excess of the
112	limitations imposed in subsection (c) or subsection (f) and
113	shall be based upon the market value of the new use.
114	(i)  The assessment of each property subject to ad valorem
115	taxation under this section shall be revised to equal the
116	assessment for such property as of January 1, 2003, and such
117	assessment shall be revised each year through 2008 subject to
118	the limitations on changes in assessments as provided under
119	subsections (c) and (f).
120	SECTION 9.  Local taxes.--
121	(a)  Subject to subsection (c), counties, school districts,
122	and municipalities shall, and special districts may, be
123	authorized by law to levy ad valorem taxes and may be authorized
124	by general law to levy other taxes, for their respective
125	purposes, except ad valorem taxes on intangible personal
126	property and taxes prohibited by this constitution.
127	(b)  Ad valorem taxes, exclusive of taxes levied for the
128	payment of bonds and taxes levied for periods not longer than
129	two years when authorized by vote of the electors who are the
130	owners of freeholds therein not wholly exempt from taxation,
131	shall not be levied in excess of the following millages upon the
132	assessed value of real estate and tangible personal property:
133	for all county purposes, ten mills; for all municipal purposes,
134	ten mills; for all school purposes, ten mills; for water
135	management purposes for the northwest portion of the state lying
136	west of the line between ranges two and three east, 0.05 mill;
137	for water management purposes for the remaining portions of the
138	state, 1.0 mill; and for all other special districts a millage
139	authorized by law approved by vote of the electors who are
140	owners of freeholds therein not wholly exempt from taxation. A
141	county furnishing municipal services may, to the extent
142	authorized by law, levy additional taxes within the limits fixed
143	for municipal purposes.
144	(c)  Counties, municipalities, and school districts may
145	increase millage rates only as follows:
146	(1)  An increase of up to 0.05 mill may be made by a simple
147	majority vote of the governing body of the county, municipality,
148	or school district.
149	(2)  An increase of between 0.05 and 0.1 mill may be made
150	only upon an affirmative vote of at least two-thirds of the
151	governing body of the county, municipality, or school district.
152	(3)  An increase of 0.1 mill or greater may be made only
153	upon a unanimous vote of the governing body of the county,
154	municipality, or school district.
155	BE IT FURTHER RESOLVED that the following statement be
156	placed on the ballot:
157	CONSTITUTIONAL AMENDMENT
158	ARTICLE VII, SECTIONS 4 AND 9
159	AD VALOREM TAX ASSESSMENTS; MILLAGE RATE INCREASE
160	RESTRICTIONS.--Proposing amendments to the State Constitution
161	relating to ad valorem tax assessment increase limitations and
162	millage rate increase voting requirements as follows:
163	(1)(a)  Revises the Save Our Homes homestead assessment to
164	limit the assessment increases to 3 percent and delete the
165	Consumer Price Index criterion.
166	(b)  Removes requirement that assessment of homestead
167	property must change after a change in ownership.
168	(c)  Limits assessment increases for residential
169	nonhomestead property to 5 percent and for commercial property
170	to 7 percent.
171	(d)  Provides for carrying forward assessments limited as
172	provided in the amendment for homestead property, residential
173	nonhomestead property, and commercial property after changes in
174	ownership.
175	(e)  Provides for changing assessments in excess of such
176	limitations based upon changes in use or substantial improvement
177	and requires such assessments to be based upon market value.
178	(f)  Rolls back property assessments to year 2003
179	assessments and provides for revising those assessments each
180	year through 2008, subject to the annual assessment increase
181	limitations.
182	(2)  Imposes voting requirements for increases in millage
183	rates for counties, municipalities, and school districts of
184	simple majority vote of the governing body for increases up to
185	0.05 mill, a 2/3 majority vote for increases between 0.05 and
186	0.1 mill, and a unanimous vote for increases of 0.1 mill or
187	greater.

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