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Senate Joint Resolution

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A joint resolution proposing an amendment to Section 4 of

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Article VII and the creation of a new section in Article

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XII of the State Constitution, to limit certain increases

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in the assessed value of real property used for

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residential purposes and to provide an effective date if

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such amendment is adopted.

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

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     That, if the amendments to Section 4 of Article VII of the

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State Constitution as proposed in SJR 4-B are approved by a vote

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of the electors voting in a special election held on January 29,

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2008, the following amendment to Section 4 of Article VII of the

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State Constitution is agreed to and shall be submitted to the

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electors of this state for approval or rejection at the next

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general election or at an earlier special election specifically

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authorized by law for that purpose:

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ARTICLE VII

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FINANCE AND TAXATION

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

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regulations shall be prescribed which shall secure a just

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valuation of all property for ad valorem taxation, provided:

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     (a)  Agricultural land, land producing high water recharge

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to Florida's aquifers, or land used exclusively for noncommercial

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recreational purposes may be classified by general law and

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assessed solely on the basis of character or use.

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     (b)  Pursuant to general law tangible personal property held

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

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taxation at a specified percentage of its value, may be

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

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     (c)  All persons entitled to a homestead exemption under

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Section 6 of this Article who are entitled to have their

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homestead assessed under this subsection pursuant to Section 27

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of Article XII shall have their homestead assessed as provided

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herein.

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     (1)  Assessments subject to this provision shall be changed

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annually on January 1st of each year; but those changes in

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assessments shall not exceed the lower of the following:

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

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

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

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successor reports for the preceding calendar year as initially

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reported by the United States Department of Labor, Bureau of

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Labor Statistics.

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     (2)  No assessment shall exceed just value.

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

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law, homestead property shall be assessed at just value as of

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January 1 of the following year.

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     (4)  Changes, additions, reductions, or improvements to

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homestead property shall be assessed as provided for by general

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law; provided, however, after the adjustment for any change,

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addition, reduction, or improvement, the property shall be

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assessed as provided herein.

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     (5)  In the event of a termination of homestead status, the

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property shall be assessed at just value as of January 1 of the

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following year.

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     (6)  The provisions of this amendment are severable. If any

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of the provisions of this amendment shall be held

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unconstitutional by any court of competent jurisdiction, the

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decision of such court shall not affect or impair any remaining

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provisions of this amendment.

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

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purposes and subject to the provisions of this subsection, allow

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counties and municipalities to authorize by ordinance that

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historic property may be assessed solely on the basis of

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character or use. Such character or use assessment shall apply

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only to the jurisdiction adopting the ordinance. The requirements

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for eligible properties must be specified by general law.

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

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provide for a reduction in the assessed value of homestead

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property to the extent of any increase in the assessed value of

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that property which results from the construction or

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reconstruction of the property for the purpose of providing

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living quarters for one or more natural or adoptive grandparents

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or parents of the owner of the property or of the owner's spouse

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if at least one of the grandparents or parents for whom the

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living quarters are provided is 62 years of age or older. Such a

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reduction may not exceed the lesser of the following:

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     (1)  The increase in assessed value resulting from

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construction or reconstruction of the property.

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

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property as improved.

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     (f)  As defined by general law, real property that is used

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to provide affordable housing and is subject to rent restrictions

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imposed by a governmental agency may be assessed as provided by

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general law, subject to conditions or limitations specified

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therein.

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     (g)  As defined by general law, land that is used

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exclusively for commercial fishing purposes or that is open to

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the public and used predominantly for commercial water-dependent

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activities or for public access to waters that are navigable may

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be assessed as provided by general law, subject to conditions or

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limitations specified therein. For purposes of this paragraph,

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the term "water-dependent activity" means any activity that can

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be conducted only on, in, over, or adjacent to waters that are

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navigable and that requires direct access to water and involves

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the use of water as an integral part of such activity.

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     (h) The legislature may, by general law, provide that the

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assessed value of real property used for residential purposes may

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not be increased as a result of:

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     (1) Any change, addition, or improvement made for the

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purpose of improving the property's resistance to wind damage.

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     (2) The installation of a renewable energy source device.

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ARTICLE XII

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SCHEDULE

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     Limitation on the assessed value of real property used for

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residential purposes.--The amendment to Section 4 of Article VII,

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prohibiting an increase in the assessed value of real property

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used for residential purposes as the result of improving the

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property's resistance to wind damage or installing a renewable

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energy source device, shall take effect January 1, 2009.

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     BE IT FURTHER RESOLVED that, if the amendments to Section 4

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of Article VII of the State Constitution as proposed in SJR 4-B

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are rejected by a vote of the electors voting in a special

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election held on January 29, 2008, the following amendment to

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Section 4 of Article VII of the State Constitution is agreed to

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and shall be submitted to the electors of this state for approval

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or rejection at the next general election or at an earlier

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special election specifically authorized by law for that purpose:

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ARTICLE VII

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FINANCE AND TAXATION

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

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regulations shall be prescribed which shall secure a just

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valuation of all property for ad valorem taxation, provided:

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     (a)  Agricultural land, land producing high water recharge

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to Florida's aquifers, or land used exclusively for noncommercial

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recreational purposes may be classified by general law and

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assessed solely on the basis of character or use.

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     (b)  Pursuant to general law tangible personal property held

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

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taxation at a specified percentage of its value, may be

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

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     (c)  All persons entitled to a homestead exemption under

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Section 6 of this Article shall have their homestead assessed at

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just value as of January 1 of the year following the effective

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date of this amendment. This assessment shall change only as

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provided herein.

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     (1)  Assessments subject to this provision shall be changed

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annually on January 1st of each year; but those changes in

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assessments shall not exceed the lower of the following:

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

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

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

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successor reports for the preceding calendar year as initially

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reported by the United States Department of Labor, Bureau of

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Labor Statistics.

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     (2)  No assessment shall exceed just value.

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

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law, homestead property shall be assessed at just value as of

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January 1 of the following year. Thereafter, the homestead shall

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be assessed as provided herein.

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     (4)  New homestead property shall be assessed at just value

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as of January 1st of the year following the establishment of the

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homestead. That assessment shall only change as provided herein.

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

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homestead property shall be assessed as provided for by general

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law; provided, however, after the adjustment for any change,

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addition, reduction, or improvement, the property shall be

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assessed as provided herein.

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     (6)  In the event of a termination of homestead status, the

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property shall be assessed as provided by general law.

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     (7)  The provisions of this amendment are severable. If any

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of the provisions of this amendment shall be held

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unconstitutional by any court of competent jurisdiction, the

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decision of such court shall not affect or impair any remaining

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provisions of this amendment.

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

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purposes and subject to the provisions of this subsection, allow

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counties and municipalities to authorize by ordinance that

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historic property may be assessed solely on the basis of

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character or use.  Such character or use assessment shall apply

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only to the jurisdiction adopting the ordinance. The requirements

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for eligible properties must be specified by general law.

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

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provide for a reduction in the assessed value of homestead

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property to the extent of any increase in the assessed value of

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that property which results from the construction or

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reconstruction of the property for the purpose of providing

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living quarters for one or more natural or adoptive grandparents

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or parents of the owner of the property or of the owner's spouse

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if at least one of the grandparents or parents for whom the

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living quarters are provided is 62 years of age or older. Such a

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reduction may not exceed the lesser of the following:

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     (1)  The increase in assessed value resulting from

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construction or reconstruction of the property.

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

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property as improved.

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     (f) The legislature may, by general law, provide that the

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assessed value of real property used for residential purposes may

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not be increased as a result of:

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     (1) Any change, addition, or improvement made for the

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purpose of improving the property's resistance to wind damage.

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     (2) The installation of a renewable energy source device.

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ARTICLE XII

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SCHEDULE

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     Limitation on the assessed value of real property used for

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residential purposes.--The amendment to Section 4 of Article VII,

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prohibiting an increase in the assessed value of real property

200

used for residential purposes as the result of improving the

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property's resistance to wind damage or installing a renewable

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energy source device, shall take effect January 1, 2009.

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     BE IT FURTHER RESOLVED that the following statement be

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placed on the ballot:

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CONSTITUTIONAL AMENDMENT

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ARTICLE VII, SECTION 4

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ARTICLE XII

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     RESTRICTIONS ON INCREASES IN THE ASSESSED VALUE OF REAL

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PROPERTY USED FOR RESIDENTIAL PURPOSES.--Proposing an amendment

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to the State Constitution to allow the Legislature to prohibit an

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increase in the assessed value of real property used for

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residential purposes due to a change, addition, or improvement

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made for the purpose of improving the property's resistance to

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wind damage or due to the installation of a renewable energy

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source device, and to schedule the amendment to take effect

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January 1, 2009.