Florida Living Quarters for Elderly, Amendment 7 (2002)

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IIIIIIIVVVIVIIVIIIIXXXIXII

The Florida Living Quarters for Elderly Amendment, also known as Amendment 7 was a legislatively-referred constitutional amendment on the November 5, 2002 election ballot in Florida as a legislatively-referred constitutional amendment, where it was approved.

The amendment modified Article VII, Section 4 of the Florida Constitution to the legislature to provide certain tax exemptions on properties build for the elderly.[1]

Election results

Florida Amendment 7 (2002)
ResultVotesPercentage
Approveda Yes 3,206,142 67.30%
No1,557,69432.70%

Results via: the Florida Department of State, Division of Elections

Text of measure

The ballot title read:

Exemption for Construction of Living Quarters for Parents or Grandparents[1][2]

The ballot summary read:

Proposes an amendment to the State Constitution to allow counties to exempt from taxation an increase in the assessed value of homestead property resulting from contructing living quarters for a parent or grandparent of the property owner or the property owner's spouse who is 62 years old or older. Limits the amount of such exemption to the increase in assessed value resulting from such construction or 20 percent of the total assessed value of the property as improved, whichever is less.[1][2]

Constitutional changes

The text of the amendment read:

ARTICLE VII

FINANCE AND TAXATION

SECTION 4. Taxation; assessments .--

By general law regulations s hall 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 non-commercial 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) 1. Assessments subject to this provision shall be c hanged annually on January 1st of each year; but those changes in assessments shall not exceed the lower of the following:

a. (A) Three percent (3%) of the assessment for the prior year.

b. (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) 2. No assessment shall exceed just value.

(3) 3. After any change of ownership, as provided by general la w, 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) 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) 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) 6. In the event of a termination of homestead status, the property shall be assessed as provided by general law.

(7) 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 proper ties must be specified by general law.

(e) A county may, in the manner prescribed by general la w, 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.
[1]

See also

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External links

References

  1. 1.0 1.1 1.2 1.3 "Exemption for Construction of Living Quarters for Parents or Grandparents," Florida Department of State, Division of Elections
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.