Amendment
Bill No. CS/CS/HJR 97
Amendment No. 355573
CHAMBER ACTION
Senate House
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1Representative Domino offered the following:
2
3     Amendment (with directory, schedule, ballot, and title
4amendments)
5     Between lines 17 and 18, insert:
6     SECTION 4.  Taxation; assessments.--By general law
7regulations shall be prescribed which shall secure a just
8valuation of all property for ad valorem taxation, provided:
9     (a)  Agricultural land, land producing high water recharge
10to Florida's aquifers, or land used exclusively for
11noncommercial recreational purposes may be classified by general
12law and assessed solely on the basis of character or use.
13     (b)  As provided by general law and subject to conditions,
14limitations, and reasonable definitions specified therein, land
15used for conservation purposes shall be classified by general
16law and assessed solely on the basis of character or use.
17     (c)  Pursuant to general law tangible personal property
18held for sale as stock in trade and livestock may be valued for
19taxation at a specified percentage of its value, may be
20classified for tax purposes, or may be exempted from taxation.
21     (d)  All persons entitled to a homestead exemption under
22Section 6 of this Article shall have their homestead assessed at
23just value as of January 1 of the year following the effective
24date of this amendment. This assessment shall change only as
25provided in this subsection.
26     (1)  Assessments subject to this subsection shall be
27changed annually on January 1st of each year; but those changes
28in assessments shall not exceed the lower of the following:
29     a.  Three percent (3%) of the assessment for the prior
30year.
31     b.  The percent change in the Consumer Price Index for all
32urban consumers, U.S. City Average, all items 1967=100, or
33successor reports for the preceding calendar year as initially
34reported by the United States Department of Labor, Bureau of
35Labor Statistics.
36     (2)  No assessment shall exceed just value.
37     (3)  After any change of ownership, as provided by general
38law, homestead property shall be assessed at just value as of
39January 1 of the following year, unless the provisions of
40paragraph (8) apply. Thereafter, the homestead shall be assessed
41as provided in this subsection.
42     (4)  New homestead property shall be assessed at just value
43as of January 1st of the year following the establishment of the
44homestead, unless the provisions of paragraph (8) apply. That
45assessment shall only change as provided in this subsection.
46     (5)  Changes, additions, reductions, or improvements to
47homestead property shall be assessed as provided for by general
48law; provided, however, after the adjustment for any change,
49addition, reduction, or improvement, the property shall be
50assessed as provided in this subsection.
51     (6)  In the event of a termination of homestead status, the
52property shall be assessed as provided by general law.
53     (7)  The provisions of this amendment are severable. If any
54of the provisions of this amendment shall be held
55unconstitutional by any court of competent jurisdiction, the
56decision of such court shall not affect or impair any remaining
57provisions of this amendment.
58     (8)a.  A person who establishes a new homestead as of
59January 1, 2009, or January 1 of any subsequent year and who has
60received a homestead exemption pursuant to Section 6 of this
61Article as of January 1 of either of the two years immediately
62preceding the establishment of the new homestead is entitled to
63have the new homestead assessed at less than just value. If this
64revision is approved in January of 2008, a person who
65establishes a new homestead as of January 1, 2008, is entitled
66to have the new homestead assessed at less than just value only
67if that person received a homestead exemption on January 1,
682007. The assessed value of the newly established homestead
69shall be determined as follows:
70     1.  If the just value of the new homestead is greater than
71or equal to the just value of the prior homestead as of January
721 of the year in which the prior homestead was abandoned, the
73assessed value of the new homestead shall be the just value of
74the new homestead minus an amount equal to the lesser of
75$500,000 or the difference between the just value and the
76assessed value of the prior homestead as of January 1 of the
77year in which the prior homestead was abandoned. Thereafter, the
78homestead shall be assessed as provided in this subsection.
79     2.  If the just value of the new homestead is less than the
80just value of the prior homestead as of January 1 of the year in
81which the prior homestead was abandoned, the assessed value of
82the new homestead shall be equal to the just value of the new
83homestead divided by the just value of the prior homestead and
84multiplied by the assessed value of the prior homestead.
85However, if the difference between the just value of the new
86homestead and the assessed value of the new homestead calculated
87pursuant to this sub-subparagraph is greater than $500,000, the
88assessed value of the new homestead shall be increased so that
89the difference between the just value and the assessed value
90equals $500,000. Thereafter, the homestead shall be assessed as
91provided in this subsection.
92     b.  By general law and subject to conditions specified
93therein, the Legislature shall provide for application of this
94paragraph to property owned by more than one person.
95     (e)  The legislature may, by general law, for assessment
96purposes and subject to the provisions of this subsection, allow
97counties and municipalities to authorize by ordinance that
98historic property may be assessed solely on the basis of
99character or use. Such character or use assessment shall apply
100only to the jurisdiction adopting the ordinance. The
101requirements for eligible properties must be specified by
102general law.
103     (f)  A county may, in the manner prescribed by general law,
104provide for a reduction in the assessed value of homestead
105property to the extent of any increase in the assessed value of
106that property which results from the construction or
107reconstruction of the property for the purpose of providing
108living quarters for one or more natural or adoptive grandparents
109or parents of the owner of the property or of the owner's spouse
110if at least one of the grandparents or parents for whom the
111living quarters are provided is 62 years of age or older. Such a
112reduction may not exceed the lesser of the following:
113     (1)  The increase in assessed value resulting from
114construction or reconstruction of the property.
115     (2)  Twenty percent of the total assessed value of the
116property as improved.
117     (g)  For all levies other than school district levies,
118assessments of residential real property, as defined by general
119law, which contains nine units or fewer and which is not subject
120to the assessment limitations set forth in subsections (a)
121through (d) shall change only as provided in this subsection.
122     (1)  Assessments subject to this subsection shall be
123changed annually on the date of assessment provided by law; but
124those changes in assessments shall not exceed five ten percent
125(5%) (10%) of the assessment for the prior year.
126     (2)  No assessment shall exceed just value.
127     (3)  After a change of ownership or control, as defined by
128general law, including any change of ownership of a legal entity
129that owns the property, such property shall be assessed at just
130value as of the next assessment date. Thereafter, such property
131shall be assessed as provided in this subsection.
132     (4)  Changes, additions, reductions, or improvements to
133such property shall be assessed as provided for by general law;
134however, after the adjustment for any change, addition,
135reduction, or improvement, the property shall be assessed as
136provided in this subsection.
137     (h)  For all levies other than school district levies,
138assessments of real property that is not subject to the
139assessment limitations set forth in subsections (a) through (d)
140and (g) shall change only as provided in this subsection.
141     (1)  Assessments subject to this subsection shall be
142changed annually on the date of assessment provided by law; but
143those changes in assessments shall not exceed five ten percent
144(5%) (10%) of the assessment for the prior year.
145     (2)  No assessment shall exceed just value.
146     (3)  The legislature must provide that such property shall
147be assessed at just value as of the next assessment date after a
148qualifying improvement, as defined by general law, is made to
149such property. Thereafter, such property shall be assessed as
150provided in this subsection.
151     (4)  The legislature may provide that such property shall
152be assessed at just value as of the next assessment date after a
153change of ownership or control, as defined by general law,
154including any change of ownership of the legal entity that owns
155the property. Thereafter, such property shall be assessed as
156provided in this subsection.
157     (5)  Changes, additions, reductions, or improvements to
158such property shall be assessed as provided for by general law;
159however, after the adjustment for any change, addition,
160reduction, or improvement, the property shall be assessed as
161provided in this subsection.
162     (i)  The legislature, by general law and subject to
163conditions specified therein, may prohibit the consideration of
164the following in the determination of the assessed value of real
165property used for residential purposes:
166     (1)  Any change or improvement made for the purpose of
167improving the property's resistance to wind damage.
168     (2)  The installation of a renewable energy source device.
169     (j)(1)  The assessment of the following working waterfront
170properties shall be based upon the current use of the property:
171     a.  Land used predominantly for commercial fishing
172purposes.
173     b.  Land that is accessible to the public and used for
174vessel launches into waters that are navigable.
175     c.  Marinas and drystacks that are open to the public.
176     d.  Water-dependent marine manufacturing facilities,
177commercial fishing facilities, and marine vessel construction
178and repair facilities and their support activities.
179     (2)  The assessment benefit provided by this subsection is
180subject to conditions and limitations and reasonable definitions
181as specified by the legislature by general law.
182
183
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184
D I R E C T O R Y  A M E N D M E N T
185     Remove line(s) 10-11 and insert:
186     That the following amendments to Sections 4 and 6 of
187Article VII and the creation of Sections 31 and 32 of Article
188XII of the State
189
190
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191
S C H E D U L E  A M E N D M E N T
192     Remove line 116 and insert:
193     SECTION 31.  Property tax limit for nonhomestead
194property.--The amendment to Section 4 of Article VII reducing
195the limit on the maximum annual increase in the assessed value
196of nonhomestead property from ten percent to five percent and
197this section shall take effect January 1, 2011.
198     SECTION 32.  Additional homestead exemption for first-time
199
200
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201
B A L L O T  A M E N D M E N T
202     Remove lines 125-129 and insert:
203
ARTICLE VII, SECTIONS 4, 6
204
ARTICLE XII, SECTIONS 31, 32
205     REDUCTION IN NONHOMESTEAD PROPERTY ANNUAL ASSESSMENT
206INCREASE LIMITATION; FIRST-TIME PROPERTY OWNER ADDITIONAL
207HOMESTEAD EXEMPTION.--Proposing an amendment to the State
208Constitution to:
209     (1)  Reduce from 10 percent to 5 percent the limitation on
210annual increases in assessments of nonhomestead real property
211and provide an effective date of January 1, 2011; and
212     (2)  Provide first-time homestead property owners
213
214
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215
T I T L E  A M E N D M E N T
216     Remove line(s) 2-6 and insert:
217A joint resolution proposing amendments to Sections 4 and 6 of
218Article VII and the creation of Sections 31 and 32 of Article
219XII of the State Constitution to reduce from 10 percent to 5
220percent the limitation on annual assessment increases applicable
221to nonhomestead real property, provide an additional homestead
222exemption for first-time homestead property owners and provide
223application, and provide effective dates.


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