JOINT RESOLUTION By Representative Zapata
Effective Date: Not Specified
Review Period Ending Date: Not Specified
Referred Committees and Committee Actions:
(no referred committees or committee actions
on record)
Prohibiting an Increase in the Assessed
Value of Homestead Property for Some Senior Citizens : Proposes an amendment
to s. 4, Art. VII of the State Constitution to authorize legislation that
would permit counties to enact ordinances which prohibit an increase in
the assessed value of homestead property owned by certain persons who are
65 years of age or older.
CODING: Words stricken
are deletions; words underlined are
additions.
House Joint Resolution
A joint resolution proposing an amendment
to Section 4 of Article VII of the State Constitution to authorize legislation
that would permit counties to enact ordinances which prohibit an increase
in the assessed value of homestead property owned by certain persons who
are 65 years of age or older.
Be It Resolved by the Legislature of
the State of Florida:
That the
amendment to Section 4 of Article VII of the State Constitution set forth
below is agreed to and shall be submitted to the electors of Florida for
approval or rejection at the general election to be held in November 2004:
ARTICLE VII
FINANCE AND TAXATION
SECTION 4. Taxation;
assessments.??By general law regulations shall be prescribed which shall
secure a just valuation of all property for ad valorem taxation, provided:
(a) Agricultural land, land producing high water recharge to Florida's
aquifers, or land used exclusively for noncommercial recreational purposes
may be classified by general law and assessed solely on the basis of character
or use.
(b) Pursuant to general law tangible personal property held for sale
as stock in trade and livestock may be valued for taxation at a specified
percentage of its value, may be classified for tax purposes, or may be
exempted from taxation.
(c) All persons entitled to a homestead exemption under Section 6
of this Article shall have their homestead assessed at just value as of
January 1 of the year following the effective date of this amendment. This
assessment shall change only as provided herein.
(1) Assessments subject to this provision shall be changed annually
on January 1st of each year; but those changes in assessments shall not
exceed the lower of the following:
a. Three percent (3%) of the assessment for the prior year.
b. The percent change in the Consumer Price Index for all urban consumers,
U.S. City Average, all items 1967=100, or successor reports for the preceding
calendar year as initially reported by the United States Department of
Labor, Bureau of Labor Statistics.
(2) No assessment shall exceed just value.
(3) After any change of ownership, as provided by general law, homestead
property shall be assessed at just value as of January 1 of the following
year. Thereafter, the homestead shall be assessed as provided herein.
(4) New homestead property shall be assessed at just value as of
January 1st of the year following the establishment of the homestead. That
assessment shall only change as provided herein.
(5) Changes, additions, reductions, or improvements to homestead
property shall be assessed as provided for by general law; provided, however,
after the adjustment for any change, addition, reduction, or improvement,
the property shall be assessed as provided herein.
(6) In the event of a termination of homestead status, the property
shall be assessed as provided by general law.
(7) The provisions of this amendment are severable. If any of the
provisions of this amendment shall be held unconstitutional by any court
of competent jurisdiction, the decision of such court shall not affect
or impair any remaining provisions of this amendment.
(d) The legislature may, by general law, for assessment purposes
and subject to the provisions of this subsection, allow counties and municipalities
to authorize by ordinance that historic property may be assessed solely
on the basis of character or use. Such character or use assessment shall
apply only to the jurisdiction adopting the ordinance. The requirements
for eligible properties must be specified by general law.
(e)
A county may, in the manner prescribed by general law, provide for a reduction
in the assessed value of homestead property to the extent of any increase
in the assessed value of that property which results from the construction
or reconstruction of the property for the purpose of providing living quarters
for one or more natural or adoptive grandparents or parents of the owner
of the property or of the owner's spouse if at least one of the grandparents
or parents for whom the living quarters are provided is 62 years of age
or older. Such a reduction may not exceed the lesser of the following:
(1)
The increase in assessed value resulting from construction or reconstruction
of the property.
(2)
Twenty percent of the total assessed value of the property as improved.
(f)
A county, by ordinance, may, in the manner prescribed by general law, prohibit
an increase in the assessed value of homestead property located in that
county which is owned by any person who has attained age 65 and whose household
income, as defined by general law, does not exceed twenty thousand dollars
per year, as adjusted in accordance with general law.
BE IT FURTHER RESOLVED that the title
and substance of the amendment proposed herein shall appear on the ballot
as follows:
PROHIBITING AN INCREASE IN THE ASSESSED VALUE OF
HOMESTEAD PROPERTY FOR SOME SENIOR CITIZENS
Proposes
an amendment to Section 4 of Article VII of the State Constitution to provide
that a county, by ordinance, may, in the manner provided by general law,
prohibit an increase in the assessed value of homestead property located
in that county which is owned by a person who has attained age 65 and whose
household income, as defined by general law, does not exceed $20,000 per
year, as adjusted in accordance with general law.
CODING: Words stricken
are deletions; words underlined are
additions. |