Senate Bill sb1996

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    Florida Senate - 2006                                 SJR 1996

    By Senator Alexander





    17-1634A-06                                        See HJR 953

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 6 of Article VII of the State

  4         Constitution to entitle certain military

  5         personnel and victims of natural disasters to

  6         maintain continuous homestead exemptions and

  7         certain protections from changes in assessed

  8         value.

  9  

10  Be It Resolved by the Legislature of the State of Florida:

11  

12         That the following amendment to Section 6 of Article

13  VII of the State Constitution is agreed to and shall be

14  submitted to the electors of this state for approval or

15  rejection at the next general election or at an earlier

16  special election specifically authorized by law for that

17  purpose:

18                           ARTICLE VII

19                       FINANCE AND TAXATION

20         SECTION 6.  Homestead exemptions.--

21         (a)  Every person who has the legal or equitable title

22  to real estate and maintains thereon the permanent residence

23  of the owner, or another legally or naturally dependent upon

24  the owner, shall be exempt from taxation thereon, except

25  assessments for special benefits, up to the assessed valuation

26  of five thousand dollars, upon establishment of right thereto

27  in the manner prescribed by law. The real estate may be held

28  by legal or equitable title, by the entireties, jointly, in

29  common, as a condominium, or indirectly by stock ownership or

30  membership representing the owner's or member's proprietary

31  

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    Florida Senate - 2006                                 SJR 1996
    17-1634A-06                                        See HJR 953




 1  interest in a corporation owning a fee or a leasehold

 2  initially in excess of ninety-eight years.

 3         (b)  Not more than one exemption shall be allowed any

 4  individual or family unit or with respect to any residential

 5  unit. No exemption shall exceed the value of the real estate

 6  assessable to the owner or, in case of ownership through stock

 7  or membership in a corporation, the value of the proportion

 8  which the interest in the corporation bears to the assessed

 9  value of the property.

10         (c)  By general law and subject to conditions specified

11  therein, the exemption shall be increased to a total of

12  twenty-five thousand dollars of the assessed value of the real

13  estate for each school district levy. By general law and

14  subject to conditions specified therein, the exemption for all

15  other levies may be increased up to an amount not exceeding

16  ten thousand dollars of the assessed value of the real estate

17  if the owner has attained age sixty-five or is totally and

18  permanently disabled and if the owner is not entitled to the

19  exemption provided in subsection (d).

20         (d)  By general law and subject to conditions specified

21  therein, the exemption shall be increased to a total of the

22  following amounts of assessed value of real estate for each

23  levy other than those of school districts: fifteen thousand

24  dollars with respect to 1980 assessments; twenty thousand

25  dollars with respect to 1981 assessments; twenty-five thousand

26  dollars with respect to assessments for 1982 and each year

27  thereafter. However, such increase shall not apply with

28  respect to any assessment roll until such roll is first

29  determined to be in compliance with the provisions of section

30  4 by a state agency designated by general law. This subsection

31  shall stand repealed on the effective date of any amendment to

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    Florida Senate - 2006                                 SJR 1996
    17-1634A-06                                        See HJR 953




 1  section 4 which provides for the assessment of homestead

 2  property at a specified percentage of its just value.

 3         (e)  By general law and subject to conditions specified

 4  therein, the Legislature may provide to renters, who are

 5  permanent residents, ad valorem tax relief on all ad valorem

 6  tax levies. Such ad valorem tax relief shall be in the form

 7  and amount established by general law.

 8         (f)  The legislature may, by general law, allow

 9  counties or municipalities, for the purpose of their

10  respective tax levies and subject to the provisions of general

11  law, to grant an additional homestead tax exemption not

12  exceeding twenty-five thousand dollars to any person who has

13  the legal or equitable title to real estate and maintains

14  thereon the permanent residence of the owner and who has

15  attained age sixty-five and whose household income, as defined

16  by general law, does not exceed twenty thousand dollars. The

17  general law must allow counties and municipalities to grant

18  this additional exemption, within the limits prescribed in

19  this subsection, by ordinance adopted in the manner prescribed

20  by general law, and must provide for the periodic adjustment

21  of the income limitation prescribed in this subsection for

22  changes in the cost of living.

23         (g)  Notwithstanding the requirements set forth in

24  subsection (a), individuals meeting the following

25  qualifications are entitled to maintain a homestead exemption

26  and are entitled to all protections of subsection (c) of

27  section 4:

28         (1)  Any person serving on active duty in the military,

29  military reserve, or National Guard who has lived in this

30  state for a minimum of 2 years before joining the military, is

31  later ordered to relocate from this state, owns a home which

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    Florida Senate - 2006                                 SJR 1996
    17-1634A-06                                        See HJR 953




 1  is exempt from taxation as provided in this section, and

 2  chooses to rent rather than sell the home shall continue to be

 3  entitled to a homestead exemption on that property while the

 4  person is away from the state on active duty. Such person is

 5  eligible for the exemption under this paragraph for up to 10

 6  years, as long as the person remains in the military and owns

 7  the home. The person may not claim any other homestead

 8  exemption during the 10-year period. Upon retirement or

 9  discharge from the military, the person must relocate to this

10  state and make such property his or her primary residence

11  within 6 months after discharge in order to maintain the

12  homestead exemption on the property.

13         (2)  Any person who owns a home which is exempt from

14  taxation as provided in this section that has been partially

15  or totally destroyed by a natural disaster, as defined by

16  general law, may maintain the original homestead exemption on

17  such home as long as the person rebuilds a structure, as

18  defined by general law, of comparable size to the structure

19  partially or totally destroyed. If the square footage of the

20  structure is increased, the difference in size between the

21  original structure and the rebuilt structure shall be assessed

22  at full value. The assessed value of the original structure,

23  including the homestead exemption, and the full assessed value

24  of the increased size of the rebuilt structure shall be added

25  together and shall be the new assessed value for purposes of

26  any exemptions. To qualify for this exception, the structure

27  must be rebuilt within 3 years after having been totally or

28  partially destroyed. No other homestead exemption may be

29  claimed during the 3-year period.

30         BE IT FURTHER RESOLVED that the following statement be

31  placed on the ballot:

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    Florida Senate - 2006                                 SJR 1996
    17-1634A-06                                        See HJR 953




 1                     CONSTITUTIONAL AMENDMENT

 2                      ARTICLE VII, SECTION 6

 3         MAINTAINING HOMESTEAD EXEMPTION FOR CERTAIN MILITARY

 4  PERSONNEL AND VICTIMS OF NATURAL DISASTERS.--Proposing an

 5  amendment to the State Constitution to entitle active-duty

 6  military personnel who own a home with a homestead exemption

 7  and are ordered to relocate from Florida and rent rather than

 8  sell the property to maintain continuous homestead exemption,

 9  subject to specific time and residence limitations; to entitle

10  persons who are victims of a natural disaster who rebuild

11  partially or totally destroyed homes to maintain the homestead

12  exemption on such homes, subject to specific limitations to

13  capture increased construction assessed values; and to provide

14  for such property the constitutionally specified limitations

15  on changes in assessments of homestead property.

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