CS/CS/HJR 789

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 4 of
3Article VII of the State Constitution to authorize
4counties and municipalities to limit the assessed value of
5the homesteads of certain low-income senior citizens.
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)  As provided by general law and subject to conditions,
24limitations, and reasonable definitions specified therein, land
25used for conservation purposes shall be classified by general
26law and assessed solely on the basis of character or use.
27     (c)  Pursuant to general law tangible personal property
28held for sale as stock in trade and livestock may be valued for
29taxation at a specified percentage of its value, may be
30classified for tax purposes, or may be exempted from taxation.
31     (d)  All persons entitled to a homestead exemption under
32Section 6 of this Article shall have their homestead assessed at
33just value as of January 1 of the year following the effective
34date of this amendment. This assessment shall change only as
35provided in this subsection.
36     (1)  Except as provided in paragraph (2), assessments
37subject to this subsection shall be changed annually on January
381 1st of each year; but those changes in assessments shall not
39exceed the lower of the following:
40     a.  Three percent (3%) of the assessment for the prior
41year.
42     b.  The percent change in the Consumer Price Index for all
43urban consumers, U.S. City Average, all items 1967=100, or
44successor reports for the preceding calendar year as initially
45reported by the United States Department of Labor, Bureau of
46Labor Statistics.
47     (2)  The legislature may, by general law, allow counties or
48municipalities, for the purpose of their respective tax levies
49and subject to the provisions of general law, to limit
50assessments on homestead property subject to the additional
51homestead tax exemption under Section 6(d) to the assessed value
52of the property in the prior year if the just value of the
53property is equal to or less than one hundred fifty percent of
54the average just value of homestead property within the
55respective county or municipality. The general law must allow
56counties and municipalities to provide this limitation by
57ordinance adopted in the manner prescribed by general law,
58specify the state agency designated to calculate the average
59just value of homestead property within each county and
60municipality, and provide that such agency annually supply that
61information to each property appraiser. The calculation shall be
62based on the prior year's tax roll of each county.
63     (3)(2)  No assessment shall exceed just value.
64     (4)(3)  After any change of ownership, as provided by
65general law, homestead property shall be assessed at just value
66as of January 1 of the following year, unless the provisions of
67paragraph (9) (8) apply. Thereafter, the homestead shall be
68assessed as provided in this subsection.
69     (5)(4)  New homestead property shall be assessed at just
70value as of January 1 1st of the year following the
71establishment of the homestead, unless the provisions of
72paragraph (9) (8) apply. That assessment shall only change as
73provided in this subsection.
74     (6)(5)  Changes, additions, reductions, or improvements to
75homestead property shall be assessed as provided for by general
76law; provided, however, after the adjustment for any change,
77addition, reduction, or improvement, the property shall be
78assessed as provided in this subsection.
79     (7)(6)  In the event of a termination of homestead status,
80the property shall be assessed as provided by general law.
81     (8)(7)  The provisions of this amendment are severable. If
82any of the provisions of this amendment shall be held
83unconstitutional by any court of competent jurisdiction, the
84decision of such court shall not affect or impair any remaining
85provisions of this amendment.
86     (9)(8)a.  A person who establishes a new homestead as of
87January 1, 2009, or January 1 of any subsequent year and who has
88received a homestead exemption pursuant to Section 6 of this
89Article as of January 1 of either of the two years immediately
90preceding the establishment of the new homestead is entitled to
91have the new homestead assessed at less than just value. If this
92revision is approved in January of 2008, a person who
93establishes a new homestead as of January 1, 2008, is entitled
94to have the new homestead assessed at less than just value only
95if that person received a homestead exemption on January 1,
962007. The assessed value of the newly established homestead
97shall be determined as follows:
98     1.  If the just value of the new homestead is greater than
99or equal to the just value of the prior homestead as of January
1001 of the year in which the prior homestead was abandoned, the
101assessed value of the new homestead shall be the just value of
102the new homestead minus an amount equal to the lesser of
103$500,000 or the difference between the just value and the
104assessed value of the prior homestead as of January 1 of the
105year in which the prior homestead was abandoned. Thereafter, the
106homestead shall be assessed as provided in this subsection.
107     2.  If the just value of the new homestead is less than the
108just value of the prior homestead as of January 1 of the year in
109which the prior homestead was abandoned, the assessed value of
110the new homestead shall be equal to the just value of the new
111homestead divided by the just value of the prior homestead and
112multiplied by the assessed value of the prior homestead.
113However, if the difference between the just value of the new
114homestead and the assessed value of the new homestead calculated
115pursuant to this sub-subparagraph is greater than $500,000, the
116assessed value of the new homestead shall be increased so that
117the difference between the just value and the assessed value
118equals $500,000. Thereafter, the homestead shall be assessed as
119provided in this subsection.
120     b.  By general law and subject to conditions specified
121therein, the Legislature shall provide for application of this
122paragraph to property owned by more than one person.
123     (e)  The legislature may, by general law, for assessment
124purposes and subject to the provisions of this subsection, allow
125counties and municipalities to authorize by ordinance that
126historic property may be assessed solely on the basis of
127character or use. Such character or use assessment shall apply
128only to the jurisdiction adopting the ordinance. The
129requirements for eligible properties must be specified by
130general law.
131     (f)  A county may, in the manner prescribed by general law,
132provide for a reduction in the assessed value of homestead
133property to the extent of any increase in the assessed value of
134that property which results from the construction or
135reconstruction of the property for the purpose of providing
136living quarters for one or more natural or adoptive grandparents
137or parents of the owner of the property or of the owner's spouse
138if at least one of the grandparents or parents for whom the
139living quarters are provided is 62 years of age or older. Such a
140reduction may not exceed the lesser of the following:
141     (1)  The increase in assessed value resulting from
142construction or reconstruction of the property.
143     (2)  Twenty percent of the total assessed value of the
144property as improved.
145     (g)  For all levies other than school district levies,
146assessments of residential real property, as defined by general
147law, which contains nine units or fewer and which is not subject
148to the assessment limitations set forth in subsections (a)
149through (d) shall change only as provided in this subsection.
150     (1)  Assessments subject to this subsection shall be
151changed annually on the date of assessment provided by law; but
152those changes in assessments shall not exceed ten percent (10%)
153of the assessment for the prior year.
154     (2)  No assessment shall exceed just value.
155     (3)  After a change of ownership or control, as defined by
156general law, including any change of ownership of a legal entity
157that owns the property, such property shall be assessed at just
158value as of the next assessment date. Thereafter, such property
159shall be assessed as provided in this subsection.
160     (4)  Changes, additions, reductions, or improvements to
161such property shall be assessed as provided for by general law;
162however, after the adjustment for any change, addition,
163reduction, or improvement, the property shall be assessed as
164provided in this subsection.
165     (h)  For all levies other than school district levies,
166assessments of real property that is not subject to the
167assessment limitations set forth in subsections (a) through (d)
168and (g) shall change only as provided in this subsection.
169     (1)  Assessments subject to this subsection shall be
170changed annually on the date of assessment provided by law; but
171those changes in assessments shall not exceed ten percent (10%)
172of the assessment for the prior year.
173     (2)  No assessment shall exceed just value.
174     (3)  The legislature must provide that such property shall
175be assessed at just value as of the next assessment date after a
176qualifying improvement, as defined by general law, is made to
177such property. Thereafter, such property shall be assessed as
178provided in this subsection.
179     (4)  The legislature may provide that such property shall
180be assessed at just value as of the next assessment date after a
181change of ownership or control, as defined by general law,
182including any change of ownership of the legal entity that owns
183the property. Thereafter, such property shall be assessed as
184provided in this subsection.
185     (5)  Changes, additions, reductions, or improvements to
186such property shall be assessed as provided for by general law;
187however, after the adjustment for any change, addition,
188reduction, or improvement, the property shall be assessed as
189provided in this subsection.
190     (i)  The legislature, by general law and subject to
191conditions specified therein, may prohibit the consideration of
192the following in the determination of the assessed value of real
193property used for residential purposes:
194     (1)  Any change or improvement made for the purpose of
195improving the property's resistance to wind damage.
196     (2)  The installation of a renewable energy source device.
197     (j)(1)  The assessment of the following working waterfront
198properties shall be based upon the current use of the property:
199     a.  Land used predominantly for commercial fishing
200purposes.
201     b.  Land that is accessible to the public and used for
202vessel launches into waters that are navigable.
203     c.  Marinas and drystacks that are open to the public.
204     d.  Water-dependent marine manufacturing facilities,
205commercial fishing facilities, and marine vessel construction
206and repair facilities and their support activities.
207     (2)  The assessment benefit provided by this subsection is
208subject to conditions and limitations and reasonable definitions
209as specified by the legislature by general law.
210     BE IT FURTHER RESOLVED that the following statement be
211placed on the ballot:
212
CONSTITUTIONAL AMENDMENT
213
ARTICLE VII, SECTION 4
214     ASSESSMENT OF HOMESTEAD PROPERTY OWNED BY LOW-INCOME SENIOR
215CITIZENS.-Currently, counties and municipalities may grant an
216additional homestead exemption to a person who is 65 years of
217age or older and who has a household income of $20,000 or less.
218This proposed amendment to the State Constitution authorizes
219counties and municipalities to limit the assessments of the
220homesteads of persons receiving such additional exemption to the
221assessed value of the property in the prior year if the just
222value of the property is equal to or less than 150 percent of
223the average just value of homestead property in the respective
224county or municipality. As such, if authorized by a county or
225municipality, these individuals will not be required to pay more
226county or municipal ad valorem taxes than they paid in the prior
227year as the result of an increase in the value of their
228homesteads.


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