HJR 7057

1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 4 of
3	Article VII of the State Constitution to reduce from 10
4	percent to 5 percent the limitation on annual assessment
5	increases applicable to nonhomestead real property.
6
7	Be It Resolved by the Legislature of the State of Florida:
8
9	That the following amendment to Section 4 of Article VII of
10	the State Constitution is agreed to and shall be submitted to
11	the electors of this state for approval or rejection at the next
12	general election or at an earlier special election specifically
13	authorized by law for that purpose:
14	ARTICLE VII
15	FINANCE AND TAXATION
16	SECTION 4.  Taxation; assessments.--By general law
17	regulations shall be prescribed which shall secure a just
18	valuation of all property for ad valorem taxation, provided:
19	(a)  Agricultural land, land producing high water recharge
20	to Florida's aquifers, or land used exclusively for
21	noncommercial recreational purposes may be classified by general
22	law and assessed solely on the basis of character or use.
23	(b)  As provided by general law and subject to conditions,
24	limitations, and reasonable definitions specified therein, land
25	used for conservation purposes shall be classified by general
26	law and assessed solely on the basis of character or use.
27	(c)  Pursuant to general law tangible personal property
28	held for sale as stock in trade and livestock may be valued for
29	taxation at a specified percentage of its value, may be
30	classified for tax purposes, or may be exempted from taxation.
31	(d)  All persons entitled to a homestead exemption under
32	Section 6 of this Article shall have their homestead assessed at
33	just value as of January 1 of the year following the effective
34	date of this amendment. This assessment shall change only as
35	provided in this subsection.
36	(1)  Assessments subject to this subsection shall be
37	changed annually on January 1st of each year; but those changes
38	in assessments shall not exceed the lower of the following:
39	a.  Three percent (3%) of the assessment for the prior
40	year.
41	b.  The percent change in the Consumer Price Index for all
42	urban consumers, U.S. City Average, all items 1967=100, or
43	successor reports for the preceding calendar year as initially
44	reported by the United States Department of Labor, Bureau of
45	Labor Statistics.
46	(2)  No assessment shall exceed just value.
47	(3)  After any change of ownership, as provided by general
48	law, homestead property shall be assessed at just value as of
49	January 1 of the following year, unless the provisions of
50	paragraph (8) apply. Thereafter, the homestead shall be assessed
51	as provided in this subsection.
52	(4)  New homestead property shall be assessed at just value
53	as of January 1st of the year following the establishment of the
54	homestead, unless the provisions of paragraph (8) apply. That
55	assessment shall only change as provided in this subsection.
56	(5)  Changes, additions, reductions, or improvements to
57	homestead property shall be assessed as provided for by general
58	law; provided, however, after the adjustment for any change,
59	addition, reduction, or improvement, the property shall be
60	assessed as provided in this subsection.
61	(6)  In the event of a termination of homestead status, the
62	property shall be assessed as provided by general law.
63	(7)  The provisions of this amendment are severable. If any
64	of the provisions of this amendment shall be held
65	unconstitutional by any court of competent jurisdiction, the
66	decision of such court shall not affect or impair any remaining
67	provisions of this amendment.
68	(8)a.  A person who establishes a new homestead as of
69	January 1, 2009, or January 1 of any subsequent year and who has
70	received a homestead exemption pursuant to Section 6 of this
71	Article as of January 1 of either of the two years immediately
72	preceding the establishment of the new homestead is entitled to
73	have the new homestead assessed at less than just value. If this
74	revision is approved in January of 2008, a person who
75	establishes a new homestead as of January 1, 2008, is entitled
76	to have the new homestead assessed at less than just value only
77	if that person received a homestead exemption on January 1,
78	2007. The assessed value of the newly established homestead
79	shall be determined as follows:
80	1.  If the just value of the new homestead is greater than
81	or equal to the just value of the prior homestead as of January
82	1 of the year in which the prior homestead was abandoned, the
83	assessed value of the new homestead shall be the just value of
84	the new homestead minus an amount equal to the lesser of
85	$500,000 or the difference between the just value and the
86	assessed value of the prior homestead as of January 1 of the
87	year in which the prior homestead was abandoned. Thereafter, the
88	homestead shall be assessed as provided in this subsection.
89	2.  If the just value of the new homestead is less than the
90	just value of the prior homestead as of January 1 of the year in
91	which the prior homestead was abandoned, the assessed value of
92	the new homestead shall be equal to the just value of the new
93	homestead divided by the just value of the prior homestead and
94	multiplied by the assessed value of the prior homestead.
95	However, if the difference between the just value of the new
96	homestead and the assessed value of the new homestead calculated
97	pursuant to this sub-subparagraph is greater than $500,000, the
98	assessed value of the new homestead shall be increased so that
99	the difference between the just value and the assessed value
100	equals $500,000. Thereafter, the homestead shall be assessed as
101	provided in this subsection.
102	b.  By general law and subject to conditions specified
103	therein, the Legislature shall provide for application of this
104	paragraph to property owned by more than one person.
105	(e)  The legislature may, by general law, for assessment
106	purposes and subject to the provisions of this subsection, allow
107	counties and municipalities to authorize by ordinance that
108	historic property may be assessed solely on the basis of
109	character or use. Such character or use assessment shall apply
110	only to the jurisdiction adopting the ordinance. The
111	requirements for eligible properties must be specified by
112	general law.
113	(f)  A county may, in the manner prescribed by general law,
114	provide for a reduction in the assessed value of homestead
115	property to the extent of any increase in the assessed value of
116	that property which results from the construction or
117	reconstruction of the property for the purpose of providing
118	living quarters for one or more natural or adoptive grandparents
119	or parents of the owner of the property or of the owner's spouse
120	if at least one of the grandparents or parents for whom the
121	living quarters are provided is 62 years of age or older. Such a
122	reduction may not exceed the lesser of the following:
123	(1)  The increase in assessed value resulting from
124	construction or reconstruction of the property.
125	(2)  Twenty percent of the total assessed value of the
126	property as improved.
127	(g)  For all levies other than school district levies,
128	assessments of residential real property, as defined by general
129	law, which contains nine units or fewer and which is not subject
130	to the assessment limitations set forth in subsections (a)
131	through (d) shall change only as provided in this subsection.
132	(1)  Assessments subject to this subsection shall be
133	changed annually on the date of assessment provided by law; but
134	those changes in assessments shall not exceed five ten percent
135	(5%) (10%) of the assessment for the prior year.
136	(2)  No assessment shall exceed just value.
137	(3)  After a change of ownership or control, as defined by
138	general law, including any change of ownership of a legal entity
139	that owns the property, such property shall be assessed at just
140	value as of the next assessment date. Thereafter, such property
141	shall be assessed as provided in this subsection.
142	(4)  Changes, additions, reductions, or improvements to
143	such property shall be assessed as provided for by general law;
144	however, after the adjustment for any change, addition,
145	reduction, or improvement, the property shall be assessed as
146	provided in this subsection.
147	(h)  For all levies other than school district levies,
148	assessments of real property that is not subject to the
149	assessment limitations set forth in subsections (a) through (d)
150	and (g) shall change only as provided in this subsection.
151	(1)  Assessments subject to this subsection shall be
152	changed annually on the date of assessment provided by law; but
153	those changes in assessments shall not exceed five ten percent
154	(5%) (10%) of the assessment for the prior year.
155	(2)  No assessment shall exceed just value.
156	(3)  The legislature must provide that such property shall
157	be assessed at just value as of the next assessment date after a
158	qualifying improvement, as defined by general law, is made to
159	such property. Thereafter, such property shall be assessed as
160	provided in this subsection.
161	(4)  The legislature may provide that such property shall
162	be assessed at just value as of the next assessment date after a
163	change of ownership or control, as defined by general law,
164	including any change of ownership of the legal entity that owns
165	the property. Thereafter, such property shall be assessed as
166	provided in this subsection.
167	(5)  Changes, additions, reductions, or improvements to
168	such property shall be assessed as provided for by general law;
169	however, after the adjustment for any change, addition,
170	reduction, or improvement, the property shall be assessed as
171	provided in this subsection.
172	(i)  The legislature, by general law and subject to
173	conditions specified therein, may prohibit the consideration of
174	the following in the determination of the assessed value of real
175	property used for residential purposes:
176	(1)  Any change or improvement made for the purpose of
177	improving the property's resistance to wind damage.
178	(2)  The installation of a renewable energy source device.
179	(j)(1)  The assessment of the following working waterfront
180	properties shall be based upon the current use of the property:
181	a.  Land used predominantly for commercial fishing
182	purposes.
183	b.  Land that is accessible to the public and used for
184	vessel launches into waters that are navigable.
185	c.  Marinas and drystacks that are open to the public.
186	d.  Water-dependent marine manufacturing facilities,
187	commercial fishing facilities, and marine vessel construction
188	and repair facilities and their support activities.
189	(2)  The assessment benefit provided by this subsection is
190	subject to conditions and limitations and reasonable definitions
191	as specified by the legislature by general law.
192	BE IT FURTHER RESOLVED that the following statement be
193	placed on the ballot:
194	CONSTITUTIONAL AMENDMENT
195	ARTICLE VII, SECTION 4
196	REDUCTION IN LIMITATION ON NONHOMESTEAD PROPERTY ANNUAL
197	ASSESSMENT INCREASES.--Proposing an amendment to the State
198	Constitution to reduce from 10 percent to 5 percent the
199	limitation on annual increases in assessments of nonhomestead
200	real property.

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