May 21, 2019
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       Florida Senate - 2010                                    SJR 718
       
       
       
       By Senator Fasano
       
       
       
       
       11-00722-10                                            2010718__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 4
    3         of Article VII and the creation of a new section in
    4         Article XII of the State Constitution to prohibit
    5         increases in the assessed value of homestead property
    6         if the fair market value of the property decreases.
    7  
    8  Be It Resolved by the Legislature of the State of Florida:
    9  
   10         That the following amendment to Section 4 of Article VII
   11  and the creation of a new section in Article XII of the State
   12  Constitution are agreed to and shall be submitted to the
   13  electors of this state for approval or rejection at the next
   14  general election or at an earlier special election specifically
   15  authorized by law for that purpose:
   16                             ARTICLE VII                           
   17                        FINANCE AND TAXATION                       
   18         SECTION 4. Taxation; assessments.—By general law
   19  regulations shall be prescribed which shall secure a just
   20  valuation of all property for ad valorem taxation, provided:
   21         (a) Agricultural land, land producing high water recharge
   22  to Florida’s aquifers, or land used exclusively for
   23  noncommercial recreational purposes may be classified by general
   24  law and assessed solely on the basis of character or use.
   25         (b) As provided by general law and subject to conditions,
   26  limitations, and reasonable definitions specified therein, land
   27  used for conservation purposes shall be classified by general
   28  law and assessed solely on the basis of character or use.
   29         (c) Pursuant to general law tangible personal property held
   30  for sale as stock in trade and livestock may be valued for
   31  taxation at a specified percentage of its value, may be
   32  classified for tax purposes, or may be exempted from taxation.
   33         (d) All persons entitled to a homestead exemption under
   34  Section 6 of this Article shall have their homestead assessed at
   35  just value as of January 1 of the year following the effective
   36  date of this amendment. This assessment shall change only as
   37  provided in this subsection.
   38         (1) Assessments subject to this subsection shall change be
   39  changed annually on January 1 1st of each year.; but those
   40  changes in assessments
   41         a.An increase in an assessment may shall not exceed the
   42  lower of the following:
   43         1.a. Three percent (3%) of the assessment for the prior
   44  year.
   45         2.b. The percent change in the Consumer Price Index for all
   46  urban consumers, U.S. City Average, all items 1967=100, or a
   47  successor index reports for the preceding calendar year as
   48  initially reported by the United States Department of Labor,
   49  Bureau of Labor Statistics.
   50         b.An assessment may not increase if the just value of the
   51  property is less than the just value of the property on the
   52  preceding January 1.
   53         (2) An No assessment may not shall exceed just value.
   54         (3) After a any change of ownership, as provided by general
   55  law, homestead property shall be assessed at just value as of
   56  January 1 of the following year, unless the provisions of
   57  paragraph (8) apply. Thereafter, the homestead shall be assessed
   58  as provided in this subsection.
   59         (4) New homestead property shall be assessed at just value
   60  as of January 1 1st of the year following the establishment of
   61  the homestead, unless the provisions of paragraph (8) apply.
   62  That assessment shall only change only as provided in this
   63  subsection.
   64         (5) Changes, additions, reductions, or improvements to
   65  homestead property shall be assessed as provided for by general
   66  law.; provided, However, after the adjustment for any change,
   67  addition, reduction, or improvement, the property shall be
   68  assessed as provided in this subsection.
   69         (6) In the event of a termination of homestead status, the
   70  property shall be assessed as provided by general law.
   71         (7) The provisions of this subsection amendment are
   72  severable. If a provision any of the provisions of this
   73  amendment is shall be held unconstitutional by a any court of
   74  competent jurisdiction, the decision of the such court does
   75  shall not affect or impair any remaining provisions of this
   76  subsection amendment.
   77         (8)a. A person who establishes a new homestead as of
   78  January 1, 2009, or January 1 of any subsequent year and who has
   79  received a homestead exemption pursuant to Section 6 of this
   80  Article as of January 1 of either of the two years immediately
   81  preceding the establishment of a the new homestead is entitled
   82  to have the new homestead assessed at less than just value. If
   83  this revision is approved in January of 2008, a person who
   84  establishes a new homestead as of January 1, 2008, is entitled
   85  to have the new homestead assessed at less than just value only
   86  if that person received a homestead exemption on January 1,
   87  2007. The assessed value of the newly established homestead
   88  shall be determined as follows:
   89         1. If the just value of the new homestead is greater than
   90  or equal to the just value of the prior homestead as of January
   91  1 of the year in which the prior homestead was abandoned, the
   92  assessed value of the new homestead shall be the just value of
   93  the new homestead minus an amount equal to the lesser of
   94  $500,000 or the difference between the just value and the
   95  assessed value of the prior homestead as of January 1 of the
   96  year in which the prior homestead was abandoned. Thereafter, the
   97  homestead shall be assessed as provided in this subsection.
   98         2. If the just value of the new homestead is less than the
   99  just value of the prior homestead as of January 1 of the year in
  100  which the prior homestead was abandoned, the assessed value of
  101  the new homestead shall be equal to the just value of the new
  102  homestead divided by the just value of the prior homestead and
  103  multiplied by the assessed value of the prior homestead.
  104  However, if the difference between the just value of the new
  105  homestead and the assessed value of the new homestead calculated
  106  pursuant to this sub-subparagraph is greater than $500,000, the
  107  assessed value of the new homestead shall be increased so that
  108  the difference between the just value and the assessed value
  109  equals $500,000. Thereafter, the homestead shall be assessed as
  110  provided in this subsection.
  111         b. By general law and subject to conditions specified
  112  therein, the Legislature shall provide for application of this
  113  paragraph to property owned by more than one person.
  114         (e) The legislature may, by general law, for assessment
  115  purposes and subject to the provisions of this subsection, allow
  116  counties and municipalities to authorize by ordinance that
  117  historic property may be assessed solely on the basis of
  118  character or use. Such character or use assessment shall apply
  119  only to the jurisdiction adopting the ordinance. The
  120  requirements for eligible properties must be specified by
  121  general law.
  122         (f) A county may, in the manner prescribed by general law,
  123  provide for a reduction in the assessed value of homestead
  124  property to the extent of any increase in the assessed value of
  125  that property which results from the construction or
  126  reconstruction of the property for the purpose of providing
  127  living quarters for one or more natural or adoptive grandparents
  128  or parents of the owner of the property or of the owner’s spouse
  129  if at least one of the grandparents or parents for whom the
  130  living quarters are provided is 62 years of age or older. Such a
  131  reduction may not exceed the lesser of the following:
  132         (1) The increase in assessed value resulting from
  133  construction or reconstruction of the property.
  134         (2) Twenty percent of the total assessed value of the
  135  property as improved.
  136         (g) For all levies other than school district levies,
  137  assessments of residential real property, as defined by general
  138  law, which contains nine units or fewer and which is not subject
  139  to the assessment limitations set forth in subsections (a)
  140  through (d) shall change only as provided in this subsection.
  141         (1) Assessments subject to this subsection shall be changed
  142  annually on the date of assessment provided by law. However,;
  143  but those changes in assessments may shall not exceed ten
  144  percent (10%) of the assessment for the prior year.
  145         (2) An No assessment may not shall exceed just value.
  146         (3) After a change of ownership or control, as defined by
  147  general law, including any change of ownership of a legal entity
  148  that owns the property, such property shall be assessed at just
  149  value as of the next assessment date. Thereafter, such property
  150  shall be assessed as provided in this subsection.
  151         (4) Changes, additions, reductions, or improvements to such
  152  property shall be assessed as provided for by general law.;
  153  However, after the adjustment for any change, addition,
  154  reduction, or improvement, the property shall be assessed as
  155  provided in this subsection.
  156         (h) For all levies other than school district levies,
  157  assessments of real property that is not subject to the
  158  assessment limitations set forth in subsections (a) through (d)
  159  and (g) shall change only as provided in this subsection.
  160         (1) Assessments subject to this subsection shall be changed
  161  annually on the date of assessment provided by law. However,;
  162  but those changes in assessments shall not exceed ten percent
  163  (10%) of the assessment for the prior year.
  164         (2) An No assessment may not shall exceed just value.
  165         (3) The legislature must provide that such property shall
  166  be assessed at just value as of the next assessment date after a
  167  qualifying improvement, as defined by general law, is made to
  168  such property. Thereafter, such property shall be assessed as
  169  provided in this subsection.
  170         (4) The legislature may provide that such property shall be
  171  assessed at just value as of the next assessment date after a
  172  change of ownership or control, as defined by general law,
  173  including any change of ownership of the legal entity that owns
  174  the property. Thereafter, such property shall be assessed as
  175  provided in this subsection.
  176         (5) Changes, additions, reductions, or improvements to such
  177  property shall be assessed as provided for by general law.;
  178  However, after the adjustment for any change, addition,
  179  reduction, or improvement, the property shall be assessed as
  180  provided in this subsection.
  181         (i) The legislature, by general law and subject to
  182  conditions specified therein, may prohibit the consideration of
  183  the following in the determination of the assessed value of real
  184  property used for residential purposes:
  185         (1) Any change or improvement made for the purpose of
  186  improving the property’s resistance to wind damage.
  187         (2) The installation of a renewable energy source device.
  188         (j)(1) The assessment of the following working waterfront
  189  properties shall be based upon the current use of the property:
  190         a. Land used predominantly for commercial fishing purposes.
  191         b. Land that is accessible to the public and used for
  192  vessel launches into waters that are navigable.
  193         c. Marinas and drystacks that are open to the public.
  194         d. Water-dependent marine manufacturing facilities,
  195  commercial fishing facilities, and marine vessel construction
  196  and repair facilities and their support activities.
  197         (2) The assessment benefit provided by this subsection is
  198  subject to conditions and limitations and reasonable definitions
  199  as specified by the legislature by general law.
  200                             ARTICLE XII                           
  201                              SCHEDULE                             
  202         Assessment of homestead property that has declining market
  203  value.—The amendment to Section 4 of Article VII, relating to
  204  homestead property having a declining market value, and this
  205  section shall take effect January 1, 2011.
  206         BE IT FURTHER RESOLVED that the following statement be
  207  placed on the ballot:
  208                      CONSTITUTIONAL AMENDMENT                     
  209                       ARTICLE VII, SECTION 4                      
  210                             ARTICLE XII                           
  211         ASSESSMENT OF HOMESTEAD PROPERTY THAT HAS A DECLINING
  212  MARKET VALUE.—In certain circumstances, the law requires the
  213  assessed value of homestead property to increase when the fair
  214  market value of the property decreases. Under this proposed
  215  amendment to the State Constitution, the assessed value of
  216  homestead property may not increase if the fair market value of
  217  that property decreases.

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