HJR 75

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 4 of
3Article VII of the State Constitution to provide an
4additional circumstance for assessing homestead property
5at less than just value.
6
7Be It Resolved by the Legislature of the State of Florida:
8
9     That the following amendment to Section 4 of Article VII of
10the State Constitution is agreed to and shall be submitted to
11the electors of this state for approval or rejection at the next
12general election or at an earlier special election specifically
13authorized by law for that purpose:
14
ARTICLE VII
15
FINANCE AND TAXATION
16     SECTION 4.  Taxation; assessments.--By general law
17regulations shall be prescribed which shall secure a just
18valuation of all property for ad valorem taxation, provided:
19     (a)  Agricultural land, land producing high water recharge
20to Florida's aquifers, or land used exclusively for
21noncommercial recreational purposes may be classified by general
22law and assessed solely on the basis of character or use.
23     (b)  Pursuant to general law tangible personal property
24held for sale as stock in trade and livestock may be valued for
25taxation at a specified percentage of its value, may be
26classified for tax purposes, or may be exempted from taxation.
27     (c)  All persons entitled to a homestead exemption under
28Section 6 of this Article shall have their homestead assessed at
29just value as of January 1 of the year following the effective
30date of this amendment. This assessment shall change only as
31provided herein.
32     (1)  Assessments subject to this provision shall be changed
33annually on January 1st of each year; but those changes in
34assessments shall not exceed the lower of the following:
35     a.  Three percent (3%) of the assessment for the prior
36year.
37     b.  The percent change in the Consumer Price Index for all
38urban consumers, U.S. City Average, all items 1967=100, or
39successor reports for the preceding calendar year as initially
40reported by the United States Department of Labor, Bureau of
41Labor Statistics.
42     (2)  No assessment shall exceed just value.
43     (3)  After any change of ownership, as provided by general
44law, homestead property shall be assessed at just value as of
45January 1 of the following year, unless the provisions of
46paragraph (8) apply. Thereafter, the homestead shall be assessed
47as provided herein.
48     (4)  New homestead property shall be assessed at just value
49as of January 1st of the year following the establishment of the
50homestead, unless the provisions of paragraph (8) apply. That
51assessment shall only change as provided herein.
52     (5)  Changes, additions, reductions, or improvements to
53homestead property shall be assessed as provided for by general
54law; provided, however, after the adjustment for any change,
55addition, reduction, or improvement, the property shall be
56assessed as provided herein.
57     (6)  In the event of a termination of homestead status, the
58property shall be assessed as provided by general law.
59     (7)  The provisions of this amendment are severable. If any
60of the provisions of this amendment shall be held
61unconstitutional by any court of competent jurisdiction, the
62decision of such court shall not affect or impair any remaining
63provisions of this amendment.
64     (8)  When a person sells his or her homestead property
65within this state and within one year purchases another property
66and establishes such property as homestead property, the newly
67established homestead property shall be initially assessed at
68less than just value, as provided by general law. The difference
69between the new homestead property's just value and its assessed
70value in the first year the homestead is established may not
71exceed the difference between the previous homestead's just value
72and its assessed value in the year of sale. In addition, to be
73assessed as provided in this paragraph, the assessed value of the
74new homestead must equal or exceed the assessed value of the
75previous homestead. Thereafter, the homestead shall be assessed
76as provided herein.
77     (d)  The legislature may, by general law, for assessment
78purposes and subject to the provisions of this subsection, allow
79counties and municipalities to authorize by ordinance that
80historic property may be assessed solely on the basis of
81character or use. Such character or use assessment shall apply
82only to the jurisdiction adopting the ordinance. The
83requirements for eligible properties must be specified by
84general law.
85     (e)  A county may, in the manner prescribed by general law,
86provide for a reduction in the assessed value of homestead
87property to the extent of any increase in the assessed value of
88that property which results from the construction or
89reconstruction of the property for the purpose of providing
90living quarters for one or more natural or adoptive grandparents
91or parents of the owner of the property or of the owner's spouse
92if at least one of the grandparents or parents for whom the
93living quarters are provided is 62 years of age or older. Such a
94reduction may not exceed the lesser of the following:
95     (1)  The increase in assessed value resulting from
96construction or reconstruction of the property.
97     (2)  Twenty percent of the total assessed value of the
98property as improved.
99     BE IT FURTHER RESOLVED that the following statement be
100placed on the ballot:
101
CONSTITUTIONAL AMENDMENT
102
ARTICLE VII, SECTION 4
103     HOMESTEAD PROPERTY ASSESSMENTS.--Proposing an amendment to
104the State Constitution to provide for assessing at less than
105just value property purchased within one year after a sale of
106homestead property and established as new homestead property,
107limited by the difference between the new homestead property's
108just value and its assessed value in the first year the
109homestead is established not exceeding the difference between
110the previous homestead's just value and its assessed value in
111the year of sale and the new homestead property's assessed value
112equaling or exceeding the old homestead property's assessed
113value.


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