CS/HJR 7005

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 25 of
3Article I of the State Constitution to expand the
4Taxpayers' Bill of Rights to entitle a full and fair
5opportunity to challenge the property appraiser's
6assessment of the value of property, specify criteria for
7such challenges, and require the Legislature to adopt
8implementing legislation by a certain date.
9
10Be It Resolved by the Legislature of the State of Florida:
11
12     That the following amendment to Section 25 of Article I of
13the State Constitution is agreed to and shall be submitted to
14the electors of this state for approval or rejection at the next
15general election or at an earlier special election specifically
16authorized by law for that purpose:
17
ARTICLE I
18
DECLARATION OF RIGHTS
19     SECTION 25.  Taxpayers' Bill of Rights.--
20     (a)  By general law the legislature shall prescribe and
21adopt a Taxpayers' Bill of Rights that, in clear and concise
22language, sets forth taxpayers' rights and responsibilities and
23government's responsibilities to deal fairly with taxpayers
24under the laws of this state. This section shall be effective
25July 1, 1993.
26     (b)(1)  Every taxpayer or other person contesting the
27assessment of ad valorem taxes is entitled to a full and fair
28opportunity to challenge a property appraiser's assessment of
29the value of the property for purposes of all taxation.
30     (2)  In any challenge to an assessment brought by the
31taxpayer or person contesting the assessment:
32     a.  The property appraiser's assessment shall enjoy no
33presumption of correctness and the property appraiser shall bear
34the burden of proving by a preponderance of the evidence that
35the assessment does not exceed the property's just value.
36     b.  Evidence that an assessment is based upon appraisal
37practices that differ from those applied to comparable property
38within the state shall be relevant in determining whether the
39assessment exceeds just value.
40     (c)  Following voter approval of this amendment, the
41legislature shall adopt legislation implementing this section
42and having an effective date no later than January 1, 2009.
43     BE IT FURTHER RESOLVED that the following statement be
44placed on the ballot:
45
CONSTITUTIONAL AMENDMENT
46
ARTICLE I, SECTION 25
47     TAXPAYERS' BILL OF RIGHTS.--Proposing an amendment to the
48State Constitution to entitle persons contesting the assessment
49of ad valorem taxes to a full and fair opportunity to challenge
50the property appraiser's assessment of the value of property; to
51specify in any challenge to the property appraiser's assessment
52of value for purposes of taxation that the property appraiser's
53assessment enjoys no presumption of correctness, require the
54property appraiser to prove by a preponderance of the evidence
55that the assessment does not exceed the property's just value,
56and declare the relevance of evidence that the assessment is
57based on appraisal practices differing from practices applied to
58comparable property; and to require the Legislature to adopt
59implementing legislation effective no later than January 1,
602009.


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