HJR 55

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 4
3of Article VII of the State Constitution to authorize
4counties and municipalities to limit the assessed
5value of the homesteads of certain low-income senior
6citizens.
7
8Be It Resolved by the Legislature of the State of Florida:
9
10     That the following amendment to Section 4 of Article VII of
11the State Constitution is agreed to and shall be submitted to
12the electors of this state for approval or rejection at the next
13general election or at an earlier special election specifically
14authorized by law for that purpose:
15
ARTICLE VII
16
FINANCE AND TAXATION
17     SECTION 4.  Taxation; assessments.-By general law
18regulations shall be prescribed which shall secure a just
19valuation of all property for ad valorem taxation, provided:
20     (a)  Agricultural land, land producing high water recharge
21to Florida's aquifers, or land used exclusively for
22noncommercial recreational purposes may be classified by general
23law and assessed solely on the basis of character or use.
24     (b)  As provided by general law and subject to conditions,
25limitations, and reasonable definitions specified therein, land
26used for conservation purposes shall be classified by general
27law and assessed solely on the basis of character or use.
28     (c)  Pursuant to general law tangible personal property
29held for sale as stock in trade and livestock may be valued for
30taxation at a specified percentage of its value, may be
31classified for tax purposes, or may be exempted from taxation.
32     (d)  All persons entitled to a homestead exemption under
33Section 6 of this Article shall have their homestead assessed at
34just value as of January 1 of the year following the effective
35date of this amendment. This assessment shall change only as
36provided in this subsection.
37     (1)  Except as provided in paragraph (2), assessments
38subject to this subsection shall be changed annually on January
391 1st of each year; but those changes in assessments shall not
40exceed the lower of the following:
41     a.  Three percent (3%) of the assessment for the prior
42year.
43     b.  The percent change in the Consumer Price Index for all
44urban consumers, U.S. City Average, all items 1967=100, or
45successor reports for the preceding calendar year as initially
46reported by the United States Department of Labor, Bureau of
47Labor Statistics.
48     (2)  The legislature may, by general law, allow counties or
49municipalities, for the purpose of their respective tax levies
50and subject to the provisions of general law, to limit
51assessments on homestead property subject to the additional
52homestead tax exemption under Section 6(d) to the assessed value
53of the property in the prior year if the just value of the
54property is less than the just value of the property on the
55preceding January 1 or is equal to or less than one hundred
56fifty percent of the average just value of homestead property
57within the respective county or municipality. The general law
58must allow counties and municipalities to provide this
59limitation by ordinance adopted in the manner prescribed by
60general law, specify the state agency designated to calculate
61the average just value of homestead property within each county
62and municipality, and provide that such agency annually supply
63that information to each property appraiser. The calculation
64shall be based on the prior year's tax roll of each county.
65     (3)(2)  No assessment shall exceed just value.
66     (4)(3)  After any change of ownership, as provided by
67general law, homestead property shall be assessed at just value
68as of January 1 of the following year, unless the provisions of
69paragraph (9) (8) apply. Thereafter, the homestead shall be
70assessed as provided in this subsection.
71     (5)(4)  New homestead property shall be assessed at just
72value as of January 1 1st of the year following the
73establishment of the homestead, unless the provisions of
74paragraph (9) (8) apply. That assessment shall only change as
75provided in this subsection.
76     (6)(5)  Changes, additions, reductions, or improvements to
77homestead property shall be assessed as provided for by general
78law; provided, however, after the adjustment for any change,
79addition, reduction, or improvement, the property shall be
80assessed as provided in this subsection.
81     (7)(6)  In the event of a termination of homestead status,
82the property shall be assessed as provided by general law.
83     (8)(7)  The provisions of this amendment are severable. If
84any of the provisions of this amendment shall be held
85unconstitutional by any court of competent jurisdiction, the
86decision of such court shall not affect or impair any remaining
87provisions of this amendment.
88     (9)(8)a.  A person who establishes a new homestead as of
89January 1, 2009, or January 1 of any subsequent year and who has
90received a homestead exemption pursuant to Section 6 of this
91Article as of January 1 of either of the two years immediately
92preceding the establishment of the new homestead is entitled to
93have the new homestead assessed at less than just value. If this
94revision is approved in January of 2008, a person who
95establishes a new homestead as of January 1, 2008, is entitled
96to have the new homestead assessed at less than just value only
97if that person received a homestead exemption on January 1,
982007. The assessed value of the newly established homestead
99shall be determined as follows:
100     1.  If the just value of the new homestead is greater than
101or equal to the just value of the prior homestead as of January
1021 of the year in which the prior homestead was abandoned, the
103assessed value of the new homestead shall be the just value of
104the new homestead minus an amount equal to the lesser of
105$500,000 or the difference between the just value and the
106assessed value of the prior homestead as of January 1 of the
107year in which the prior homestead was abandoned. Thereafter, the
108homestead shall be assessed as provided in this subsection.
109     2.  If the just value of the new homestead is less than the
110just value of the prior homestead as of January 1 of the year in
111which the prior homestead was abandoned, the assessed value of
112the new homestead shall be equal to the just value of the new
113homestead divided by the just value of the prior homestead and
114multiplied by the assessed value of the prior homestead.
115However, if the difference between the just value of the new
116homestead and the assessed value of the new homestead calculated
117pursuant to this sub-subparagraph is greater than $500,000, the
118assessed value of the new homestead shall be increased so that
119the difference between the just value and the assessed value
120equals $500,000. Thereafter, the homestead shall be assessed as
121provided in this subsection.
122     b.  By general law and subject to conditions specified
123therein, the Legislature shall provide for application of this
124paragraph to property owned by more than one person.
125     (e)  The legislature may, by general law, for assessment
126purposes and subject to the provisions of this subsection, allow
127counties and municipalities to authorize by ordinance that
128historic property may be assessed solely on the basis of
129character or use. Such character or use assessment shall apply
130only to the jurisdiction adopting the ordinance. The
131requirements for eligible properties must be specified by
132general law.
133     (f)  A county may, in the manner prescribed by general law,
134provide for a reduction in the assessed value of homestead
135property to the extent of any increase in the assessed value of
136that property which results from the construction or
137reconstruction of the property for the purpose of providing
138living quarters for one or more natural or adoptive grandparents
139or parents of the owner of the property or of the owner's spouse
140if at least one of the grandparents or parents for whom the
141living quarters are provided is 62 years of age or older. Such a
142reduction may not exceed the lesser of the following:
143     (1)  The increase in assessed value resulting from
144construction or reconstruction of the property.
145     (2)  Twenty percent of the total assessed value of the
146property as improved.
147     (g)  For all levies other than school district levies,
148assessments of residential real property, as defined by general
149law, which contains nine units or fewer and which is not subject
150to the assessment limitations set forth in subsections (a)
151through (d) shall change only as provided in this subsection.
152     (1)  Assessments subject to this subsection shall be
153changed annually on the date of assessment provided by law; but
154those changes in assessments shall not exceed ten percent (10%)
155of the assessment for the prior year.
156     (2)  No assessment shall exceed just value.
157     (3)  After a change of ownership or control, as defined by
158general law, including any change of ownership of a legal entity
159that owns the property, such property shall be assessed at just
160value as of the next assessment date. Thereafter, such property
161shall be assessed as provided in this subsection.
162     (4)  Changes, additions, reductions, or improvements to
163such property shall be assessed as provided for by general law;
164however, after the adjustment for any change, addition,
165reduction, or improvement, the property shall be assessed as
166provided in this subsection.
167     (h)  For all levies other than school district levies,
168assessments of real property that is not subject to the
169assessment limitations set forth in subsections (a) through (d)
170and (g) shall change only as provided in this subsection.
171     (1)  Assessments subject to this subsection shall be
172changed annually on the date of assessment provided by law; but
173those changes in assessments shall not exceed ten percent (10%)
174of the assessment for the prior year.
175     (2)  No assessment shall exceed just value.
176     (3)  The legislature must provide that such property shall
177be assessed at just value as of the next assessment date after a
178qualifying improvement, as defined by general law, is made to
179such property. Thereafter, such property shall be assessed as
180provided in this subsection.
181     (4)  The legislature may provide that such property shall
182be assessed at just value as of the next assessment date after a
183change of ownership or control, as defined by general law,
184including any change of ownership of the legal entity that owns
185the property. Thereafter, such property shall be assessed as
186provided in this subsection.
187     (5)  Changes, additions, reductions, or improvements to
188such property shall be assessed as provided for by general law;
189however, after the adjustment for any change, addition,
190reduction, or improvement, the property shall be assessed as
191provided in this subsection.
192     (i)  The legislature, by general law and subject to
193conditions specified therein, may prohibit the consideration of
194the following in the determination of the assessed value of real
195property used for residential purposes:
196     (1)  Any change or improvement made for the purpose of
197improving the property's resistance to wind damage.
198     (2)  The installation of a renewable energy source device.
199     (j)(1)  The assessment of the following working waterfront
200properties shall be based upon the current use of the property:
201     a.  Land used predominantly for commercial fishing
202purposes.
203     b.  Land that is accessible to the public and used for
204vessel launches into waters that are navigable.
205     c.  Marinas and drystacks that are open to the public.
206     d.  Water-dependent marine manufacturing facilities,
207commercial fishing facilities, and marine vessel construction
208and repair facilities and their support activities.
209     (2)  The assessment benefit provided by this subsection is
210subject to conditions and limitations and reasonable definitions
211as specified by the legislature by general law.
212     BE IT FURTHER RESOLVED that the following statement be
213placed on the ballot:
214
CONSTITUTIONAL AMENDMENT
215
ARTICLE VII, SECTION 4
216     ASSESSMENT OF HOMESTEAD PROPERTY OWNED BY LOW-INCOME SENIOR
217CITIZENS.-Currently, counties and municipalities may grant an
218additional homestead exemption to a person who is 65 years of
219age or older and who has a household income of $20,000 or less.
220This proposed amendment to the State Constitution authorizes
221counties and municipalities to limit the assessments of the
222homesteads of persons receiving such additional exemption to the
223assessed value of the property in the prior year if the just
224value of the property is less than the just value of the
225property on the preceding January 1 or is equal to or less than
226150 percent of the average just value of homestead property in
227the respective county or municipality. As such, if authorized by
228a county or municipality, these individuals will not be required
229to pay more county or municipal ad valorem taxes than they paid
230in the prior year if the value of their homestead decreases or
231an increase in value of their homestead property does not result
232in the value of the property exceeding the average just value of
233homestead property in the county or municipality by more than
234150 percent.


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