HJR 41
Prohibiting an Increase in the Assessed Value of Homestead Property for Some Senior Citizens 

 
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. 


 
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