| 1 | House Joint Resolution | 
| 2 | A joint resolution proposing an amendment to Section 4 of | 
| 3 | Article VII of the State Constitution to preserve the | 
| 4 | assessment as homestead property of any property purchased | 
| 5 | or constructed as a replacement for homestead property | 
| 6 | taken through eminent domain. | 
| 7 | 
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| 8 | Be It Resolved by the Legislature of the State of Florida: | 
| 9 | 
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| 10 | That the amendment to Section 4 of Article VII of the State | 
| 11 | Constitution set forth below is agreed to and shall be submitted | 
| 12 | to the electors of Florida for approval or rejection at the | 
| 13 | general election to be held in November 2006: | 
| 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)  Pursuant to general law tangible personal property | 
| 24 | held for sale as stock in trade and livestock may be valued for | 
| 25 | taxation at a specified percentage of its value, may be | 
| 26 | classified for tax purposes, or may be exempted from taxation. | 
| 27 | (c)  All persons entitled to a homestead exemption under | 
| 28 | Section 6 of this Article shall have their homestead assessed at | 
| 29 | just value as of January 1 of the year following the effective | 
| 30 | date of this amendment. This assessment shall change only as | 
| 31 | provided herein. | 
| 32 | (1)  Assessments subject to this provision shall be changed | 
| 33 | annually on January 1st of each year; but those changes in | 
| 34 | assessments shall not exceed the lower of the following: | 
| 35 | a.  Three percent (3%) of the assessment for the prior | 
| 36 | year. | 
| 37 | b.  The percent change in the Consumer Price Index for all | 
| 38 | urban consumers, U.S. City Average, all items 1967=100, or | 
| 39 | successor reports for the preceding calendar year as initially | 
| 40 | reported by the United States Department of Labor, Bureau of | 
| 41 | Labor Statistics. | 
| 42 | (2)  No assessment shall exceed just value. | 
| 43 | (3)  After any change of ownership, as provided by general | 
| 44 | law, homestead property shall be assessed at just value as of | 
| 45 | January 1 of the following year. Thereafter, the homestead shall | 
| 46 | be assessed as provided herein. | 
| 47 | (4)  New homestead property shall be assessed at just value | 
| 48 | as of January 1st of the year following the establishment of the | 
| 49 | homestead. That assessment shall only change as provided herein. | 
| 50 | (5)  Changes, additions, reductions, or improvements to | 
| 51 | homestead property shall be assessed as provided for by general | 
| 52 | law; provided, however, after the adjustment for any change, | 
| 53 | addition, reduction, or improvement, the property shall be | 
| 54 | assessed as provided herein. | 
| 55 | (6)  In the event of a termination of homestead status, the | 
| 56 | property shall be assessed as provided by general law. | 
| 57 | (7)  In the event a person's homestead property is taken by | 
| 58 | eminent domain under Article X, Section 6, the person whose | 
| 59 | homestead property is taken shall continue to be entitled to the | 
| 60 | benefits of this subsection, as provided in this paragraph. | 
| 61 | a.  Replacement homestead property must be acquired within | 
| 62 | the state and application for homestead exemption made to the | 
| 63 | county in which the property is located, within two years after | 
| 64 | the date on which full compensation is paid to the owner; or, in | 
| 65 | the event a new residence is constructed, the newly constructed | 
| 66 | residence must be occupied and the homestead exemption applied | 
| 67 | for with the county in which the property is located, within | 
| 68 | three years after the date on which full compensation is paid to | 
| 69 | the owner. | 
| 70 | b.  The difference between the amount paid as full | 
| 71 | compensation and the assessment made pursuant to this subsection | 
| 72 | shall be determined. | 
| 73 | c.  In the event the replacement homestead property is | 
| 74 | purchased, or constructed, if applicable, at an amount equal to | 
| 75 | or greater than the amount paid as full compensation, the | 
| 76 | replacement homestead property's assessed value as determined | 
| 77 | pursuant to paragraph (4) shall be reduced by the amount | 
| 78 | determined pursuant to subparagraph b. | 
| 79 | d.  In the event the replacement homestead property is | 
| 80 | purchased, or constructed, if applicable, at an amount less than | 
| 81 | the amount paid as full compensation, the replacement homestead | 
| 82 | property's assessed value as determined pursuant to paragraph | 
| 83 | (4) shall be reduced by an amount equal to the amount determined | 
| 84 | pursuant to subparagraph b., divided by the amount paid as full | 
| 85 | compensation, and multiplied by the amount paid, including | 
| 86 | construction costs, if applicable, for the replacement homestead | 
| 87 | property. | 
| 88 | (8) (7)The provisions of this amendment are severable. If | 
| 89 | any of the provisions of this amendment shall be held | 
| 90 | unconstitutional by any court of competent jurisdiction, the | 
| 91 | decision of such court shall not affect or impair any remaining | 
| 92 | provisions of this amendment. | 
| 93 | (d)  The legislature may, by general law, for assessment | 
| 94 | purposes and subject to the provisions of this subsection, allow | 
| 95 | counties and municipalities to authorize by ordinance that | 
| 96 | historic property may be assessed solely on the basis of | 
| 97 | character or use. Such character or use assessment shall apply | 
| 98 | only to the jurisdiction adopting the ordinance. The | 
| 99 | requirements for eligible properties must be specified by | 
| 100 | general law. | 
| 101 | (e)  A county may, in the manner prescribed by general law, | 
| 102 | provide for a reduction in the assessed value of homestead | 
| 103 | property to the extent of any increase in the assessed value of | 
| 104 | that property which results from the construction or | 
| 105 | reconstruction of the property for the purpose of providing | 
| 106 | living quarters for one or more natural or adoptive grandparents | 
| 107 | or parents of the owner of the property or of the owner's spouse | 
| 108 | if at least one of the grandparents or parents for whom the | 
| 109 | living quarters are provided is 62 years of age or older. Such a | 
| 110 | reduction may not exceed the lesser of the following: | 
| 111 | (1)  The increase in assessed value resulting from | 
| 112 | construction or reconstruction of the property. | 
| 113 | (2)  Twenty percent of the total assessed value of the | 
| 114 | property as improved. | 
| 115 | BE IT FURTHER RESOLVED that the title and substance of the | 
| 116 | amendment proposed herein shall appear on the ballot as follows: | 
| 117 | HOMESTEAD EXEMPTION | 
| 118 | Proposes an amendment to Section 4 of Article VII of the | 
| 119 | State Constitution to preserve the assessment as homestead | 
| 120 | property of any property purchased or constructed as a | 
| 121 | replacement for homestead property taken through eminent domain. |