| 1 | Representative(s) Gelber offered the following: |
| 2 |
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| 3 | Amendment (with ballot statement and title amendments) |
| 4 | Remove lines 22-383 and insert: |
| 5 | That the following amendments to Sections 3 and 4 of |
| 6 | Article VII and the creation of Section 19 of Article VII and |
| 7 | Section 27 of Article XII of the State Constitution are agreed |
| 8 | to and shall be submitted to the electors of this state for |
| 9 | approval or rejection at a special election to be held in 2007 |
| 10 | and specifically authorized by law for that purpose: |
| 11 | ARTICLE VII |
| 12 | FINANCE AND TAXATION |
| 13 | SECTION 3. Taxes; exemptions.-- |
| 14 | (a) All property owned by a municipality and used |
| 15 | exclusively by it for municipal or public purposes shall be |
| 16 | exempt from taxation. A municipality, owning property outside |
| 17 | the municipality, may be required by general law to make payment |
| 18 | to the taxing unit in which the property is located. Such |
| 19 | portions of property as are used predominantly for educational, |
| 20 | literary, scientific, religious or charitable purposes may be |
| 21 | exempted by general law from taxation. |
| 22 | (b) There shall be exempt from taxation, cumulatively, to |
| 23 | every head of a family residing in this state, household goods |
| 24 | and personal effects to the value fixed by general law, not less |
| 25 | than one thousand dollars, and to every widow or widower or |
| 26 | person who is blind or totally and permanently disabled, |
| 27 | property to the value fixed by general law not less than five |
| 28 | hundred dollars. |
| 29 | (c) Any county or municipality may, for the purpose of its |
| 30 | respective tax levy and subject to the provisions of this |
| 31 | subsection and general law, grant community and economic |
| 32 | development ad valorem tax exemptions to new businesses and |
| 33 | expansions of existing businesses, as defined by general law. |
| 34 | Such an exemption may be granted only by ordinance of the county |
| 35 | or municipality, and only after the electors of the county or |
| 36 | municipality voting on such question in a referendum authorize |
| 37 | the county or municipality to adopt such ordinances. An |
| 38 | exemption so granted shall apply to improvements to real |
| 39 | property made by or for the use of a new business and |
| 40 | improvements to real property related to the expansion of an |
| 41 | existing business and shall also apply to tangible personal |
| 42 | property of such new business and tangible personal property |
| 43 | related to the expansion of an existing business. The amount or |
| 44 | limits of the amount of such exemption shall be specified by |
| 45 | general law. The period of time for which such exemption may be |
| 46 | granted to a new business or expansion of an existing business |
| 47 | shall be determined by general law. The authority to grant such |
| 48 | exemption shall expire ten years from the date of approval by |
| 49 | the electors of the county or municipality, and may be renewable |
| 50 | by referendum as provided by general law. |
| 51 | (d) By general law and subject to conditions specified |
| 52 | therein, there may be granted an ad valorem tax exemption to a |
| 53 | renewable energy source device and to real property on which |
| 54 | such device is installed and operated, to the value fixed by |
| 55 | general law not to exceed the original cost of the device, and |
| 56 | for the period of time fixed by general law not to exceed ten |
| 57 | years. |
| 58 | (e) Any county or municipality may, for the purpose of its |
| 59 | respective tax levy and subject to the provisions of this |
| 60 | subsection and general law, grant historic preservation ad |
| 61 | valorem tax exemptions to owners of historic properties. This |
| 62 | exemption may be granted only by ordinance of the county or |
| 63 | municipality. The amount or limits of the amount of this |
| 64 | exemption and the requirements for eligible properties must be |
| 65 | specified by general law. The period of time for which this |
| 66 | exemption may be granted to a property owner shall be determined |
| 67 | by general law. |
| 68 | (f) By general law and subject to conditions specified |
| 69 | therein, tangible personal property up to a value of twenty-five |
| 70 | thousand dollars shall be exempt from taxation. |
| 71 | SECTION 4. Taxation; assessments.-By general law |
| 72 | regulations shall be prescribed which shall secure a just |
| 73 | valuation of all property for ad valorem taxation, provided: |
| 74 | (a) Agricultural land, land producing high water recharge |
| 75 | to Florida's aquifers, or land used exclusively for |
| 76 | noncommercial recreational purposes may be classified by general |
| 77 | law and assessed solely on the basis of character or use. |
| 78 | (b) Pursuant to general law tangible personal property |
| 79 | held for sale as stock in trade and livestock may be valued for |
| 80 | taxation at a specified percentage of its value, may be |
| 81 | classified for tax purposes, or may be exempted from taxation. |
| 82 | (c) All persons entitled to a homestead exemption under |
| 83 | Section 6 of this Article shall have their homestead assessed at |
| 84 | just value as of January 1 of the year following the effective |
| 85 | date of this amendment. This assessment shall change only as |
| 86 | provided herein. |
| 87 | (1) Assessments subject to this provision shall be changed |
| 88 | annually on January 1st of each year; but those changes in |
| 89 | assessments shall not exceed the lower of the following: |
| 90 | a. Three percent (3%) of the assessment for the prior |
| 91 | year. |
| 92 | b. The percent change in the Consumer Price Index for all |
| 93 | urban consumers, U.S. City Average, all items 1967=100, or |
| 94 | successor reports for the preceding calendar year as initially |
| 95 | reported by the United States Department of Labor, Bureau of |
| 96 | Labor Statistics. |
| 97 | (2) No assessment shall exceed just value. |
| 98 | (3) After any change of ownership, as provided by general |
| 99 | law, homestead property shall be assessed at just value as of |
| 100 | January 1 of the following year. Thereafter, the homestead shall |
| 101 | be assessed as provided herein. |
| 102 | (4) New homestead property shall be assessed at just value |
| 103 | as of January 1st of the year following the establishment of the |
| 104 | homestead. That assessment shall only change as provided herein. |
| 105 | (5) Changes, additions, reductions, or improvements to |
| 106 | homestead property shall be assessed as provided for by general |
| 107 | law; provided, however, after the adjustment for any change, |
| 108 | addition, reduction, or improvement, the property shall be |
| 109 | assessed as provided herein. |
| 110 | (6) In the event of a termination of homestead status, the |
| 111 | property shall be assessed as provided by general law. |
| 112 | (7) The provisions of this amendment are severable. If any |
| 113 | of the provisions of this amendment shall be held |
| 114 | unconstitutional by any court of competent jurisdiction, the |
| 115 | decision of such court shall not affect or impair any remaining |
| 116 | provisions of this amendment. |
| 117 | (8) When the benefit is greater than the benefit provided |
| 118 | in paragraph (1), all homestead property owners shall be |
| 119 | entitled to an additional exemption equal to one half of the |
| 120 | median just value of all homesteads in the county in which the |
| 121 | homestead is located in lieu of the benefit provided in |
| 122 | paragraph (1). Such additional exemption shall apply only after |
| 123 | the first twenty-five thousand dollars of value is taxed. |
| 124 | (d) The legislature may, by general law, for assessment |
| 125 | purposes and subject to the provisions of this subsection, allow |
| 126 | counties and municipalities to authorize by ordinance that |
| 127 | historic property may be assessed solely on the basis of |
| 128 | character or use. Such character or use assessment shall apply |
| 129 | only to the jurisdiction adopting the ordinance. The |
| 130 | requirements for eligible properties must be specified by |
| 131 | general law. |
| 132 | (e) A county may, in the manner prescribed by general law, |
| 133 | provide for a reduction in the assessed value of homestead |
| 134 | property to the extent of any increase in the assessed value of |
| 135 | that property which results from the construction or |
| 136 | reconstruction of the property for the purpose of providing |
| 137 | living quarters for one or more natural or adoptive grandparents |
| 138 | or parents of the owner of the property or of the owner's spouse |
| 139 | if at least one of the grandparents or parents for whom the |
| 140 | living quarters are provided is 62 years of age or older. Such a |
| 141 | reduction may not exceed the lesser of the following: |
| 142 | (1) The increase in assessed value resulting from |
| 143 | construction or reconstruction of the property. |
| 144 | (2) Twenty percent of the total assessed value of the |
| 145 | property as improved. |
| 146 | (f) Non-homestead residential property shall be entitled |
| 147 | to a property tax rebate equal to the tax savings produced by |
| 148 | exempting one fourth of the median just value of similar |
| 149 | property in the county in which the property is located after |
| 150 | the first twenty-five thousand dollars of value is taxed. The |
| 151 | county shall collect sufficient funds for the rebate on a pro- |
| 152 | rata basis from all taxing authorities having the property |
| 153 | within its boundaries and then consolidate such funds for |
| 154 | distribution to the property owners, except that the county |
| 155 | commission may distribute all or part of the rebate for a |
| 156 | property directly to the tenants of a property who are permanent |
| 157 | residents, as provided by general law. |
| 158 | (g) Commercial and industrial property that is not |
| 159 | residential shall be entitled to an exemption equal to one |
| 160 | fourth of the first one million dollars of just value. |
| 161 | SECTION 19. Alternative revenue sources.--If this revision |
| 162 | to the constitution receives the required number of votes in |
| 163 | 2007, the Legislature shall, by no later than the end of the |
| 164 | 2008 session, provide alternative revenue sources to fund 80 |
| 165 | percent of the cost of the revisions to the affected taxing |
| 166 | authorities. If the Legislature chooses any revenue sources that |
| 167 | require an amendment to this constitution, a statutory source |
| 168 | shall be provided that would take effect upon the failure of the |
| 169 | amendment. |
| 170 | ARTICLE XII |
| 171 | SCHEDULE |
| 172 | SECTION 27. Property tax relief reform; nonseverability.-- |
| 173 | (a) The amendments to Sections 3 and 4 of Article VII and |
| 174 | the creation of Section 19 of Article VII and this section of |
| 175 | this constitution contained in this revision shall take effect |
| 176 | January 1, 2008, if approved in a special election held in 2007 |
| 177 | as provided by law. |
| 178 | (b) The amendments to Sections 3 and 4 of Article VII and |
| 179 | the creation of Section 19 of Article VII of this constitution |
| 180 | contained in this revision are not severable. If any portion of |
| 181 | this revision is held invalid under any provision of this |
| 182 | constitution, the effect of such declaration shall be that the |
| 183 | amendments to Sections 3 and 4 of Article VII and the creation |
| 184 | of Section 19 of Article VII of this constitution contained in |
| 185 | this revision shall be null, void, and without effect. |
| 186 |
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| 187 |
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| 188 | == B A L L O T S T A T E M E N T A M E N D M E N T == |
| 189 | Remove lines 387-416 and insert: |
| 190 | ARTICLE VII, SECTIONS 3, 4, 19 |
| 191 | ARTICLE XII, SECTION 27 |
| 192 | PROPERTY TAX EXEMPTIONS; AD VALOREM TAX MILLAGE LIMITATION; |
| 193 | INCREASED REVENUE SOURCES.--Proposing amendment of the State |
| 194 | Constitution to provide for a $25,000 exemption from ad valorem |
| 195 | taxes for tangible personal property; to provide for an |
| 196 | additional homestead exemption equal to one-half of the median |
| 197 | just value of all homesteads in a county instead of the Save Our |
| 198 | Homes cap; to provide for a property tax rebate to nonhomestead |
| 199 | residential property equal to the tax savings from exempting |
| 200 | one-fourth of the median just value of similar property in the |
| 201 | county; to provide for an exemption for commercial and |
| 202 | industrial property equal to one-fourth of the first $1 million |
| 203 | of just value; to direct the Legislature to provide alternative |
| 204 | revenue sources to fund the revision; to require that provisions |
| 205 | of the revision are not severable such that if any are held |
| 206 | invalid, all will be invalid; to provide for a special election |
| 207 | in 2007; and to provide an effective date of January 1, 2008, if |
| 208 | adopted. |
| 209 |
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| 210 |
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| 211 | ======= T I T L E A M E N D M E N T ======= |
| 212 | Remove lines 2-18 and insert: |
| 213 | A joint resolution proposing amendments to Sections 3 and |
| 214 | 4 of Article VII and the creation of Section 19 of Article |
| 215 | VII and Section 27 of Article XII of the State |
| 216 | Constitution to provide for an ad valorem tax exemption |
| 217 | for tangible personal property, provide for an additional |
| 218 | homestead exemption, provide for a property tax rebate to |
| 219 | nonhomestead residential property and an exemption for |
| 220 | commercial and industrial property, direct the Legislature |
| 221 | to provide alternative revenue sources to fund the |
| 222 | revision, and provide applicability, nonseverability, and |
| 223 | an effective date. |