Florida Senate - 2011                                   SJR 1578
       
       
       
       By Senator Simmons
       
       
       
       
       22-01628A-11                                          20111578__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 6
    3         of Article VII and the creation of Section 32 of
    4         Article XII of the State Constitution to change the
    5         valuation to which the homestead exemption applies and
    6         to provide an alternative homestead exemption.
    7  
    8  Be It Resolved by the Legislature of the State of Florida:
    9  
   10         That the following amendment to Section 6 of Article VII
   11  and the creation of Section 32 of 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 6. Homestead exemptions.—
   19         (a) Every person who has the legal or equitable title to
   20  real estate and maintains thereon the permanent residence of the
   21  owner, or another legally or naturally dependent upon the owner,
   22  shall be exempt from taxation thereon, except assessments for
   23  special benefits as follows:
   24         (1) On, up to the assessed valuation greater than of
   25  twenty-five thousand dollars and up to fifty thousand dollars,
   26  for all levies other than school district levies; and,
   27         (2) On the assessed valuation greater than twenty-five
   28  fifty thousand dollars and up to seventy-five thousand dollars
   29  for all levies other than school district levies.
   30  
   31  The right to the exemption must be established, upon
   32  establishment of right thereto in the manner prescribed by law.
   33  The real estate may be held by legal or equitable title, by the
   34  entireties, jointly, in common, as a condominium, or indirectly
   35  by stock ownership or membership representing the owner’s or
   36  member’s proprietary interest in a corporation owning a fee or a
   37  leasehold initially in excess of ninety-eight years. The
   38  exemption shall not apply with respect to any assessment roll
   39  until such roll is first determined to be in compliance with the
   40  provisions of section 4 by a state agency designated by general
   41  law. This exemption is repealed on the effective date of any
   42  amendment to this Article which provides for the assessment of
   43  homestead property at less than just value.
   44         (b) Not more than one exemption shall be allowed any
   45  individual or family unit or with respect to any residential
   46  unit. No exemption shall exceed the value of the real estate
   47  assessable to the owner or, in case of ownership through stock
   48  or membership in a corporation, the value of the proportion
   49  which the interest in the corporation bears to the assessed
   50  value of the property.
   51         (c) By general law and subject to conditions specified
   52  therein, each person who is entitled to receive the homestead
   53  exemption provided in subsection (a) is entitled to an
   54  additional homestead exemption in an amount equal to forty
   55  percent of the just value of the homestead between seventy-five
   56  thousand dollars and five-hundred thousand dollars. However, in
   57  any year, such person shall receive only the exemption provided
   58  in this subsection or the application of the cumulative
   59  assessment limitation calculated pursuant to subsection (c) of
   60  Section 4, whichever provides the lower taxable value. The
   61  exemption does not apply with respect to any assessment roll
   62  until such roll is first determined to be in compliance with the
   63  provisions of Section 4 by the state agency designated by
   64  general law. This exemption is repealed on the effective date of
   65  any future amendment to this constitution which provides for the
   66  assessment of homestead property at less than just value.
   67         (d)(c) By general law and subject to conditions specified
   68  therein, the Legislature may provide to renters, who are
   69  permanent residents, ad valorem tax relief on all ad valorem tax
   70  levies. Such ad valorem tax relief shall be in the form and
   71  amount established by general law.
   72         (e)(d) The legislature may, by general law, allow counties
   73  or municipalities, for the purpose of their respective tax
   74  levies and subject to the provisions of general law, to grant an
   75  additional homestead tax exemption not exceeding fifty thousand
   76  dollars to any person who has the legal or equitable title to
   77  real estate and maintains thereon the permanent residence of the
   78  owner and who has attained age sixty-five and whose household
   79  income, as defined by general law, does not exceed twenty
   80  thousand dollars. The general law must allow counties and
   81  municipalities to grant this additional exemption, within the
   82  limits prescribed in this subsection, by ordinance adopted in
   83  the manner prescribed by general law, and must provide for the
   84  periodic adjustment of the income limitation prescribed in this
   85  subsection for changes in the cost of living.
   86         (f)(e) Each veteran who is age 65 or older who is partially
   87  or totally permanently disabled shall receive a discount from
   88  the amount of the ad valorem tax otherwise owed on homestead
   89  property the veteran owns and resides in if the disability was
   90  combat related, the veteran was a resident of this state at the
   91  time of entering the military service of the United States, and
   92  the veteran was honorably discharged upon separation from
   93  military service. The discount shall be in a percentage equal to
   94  the percentage of the veteran’s permanent, service-connected
   95  disability as determined by the United States Department of
   96  Veterans Affairs. To qualify for the discount granted by this
   97  subsection, an applicant must submit to the county property
   98  appraiser, by March 1, proof of residency at the time of
   99  entering military service, an official letter from the United
  100  States Department of Veterans Affairs stating the percentage of
  101  the veteran’s service-connected disability and such evidence
  102  that reasonably identifies the disability as combat related, and
  103  a copy of the veteran’s honorable discharge. If the property
  104  appraiser denies the request for a discount, the appraiser must
  105  notify the applicant in writing of the reasons for the denial,
  106  and the veteran may reapply. The Legislature may, by general
  107  law, waive the annual application requirement in subsequent
  108  years. This subsection shall take effect December 7, 2006, is
  109  self-executing, and does not require implementing legislation.
  110                             ARTICLE XII                           
  111                              SCHEDULE                             
  112         SECTION 32. Property tax exemptions and ad valorem tax
  113  limitations.—The amendments to Section 6 of Article VII, which
  114  change the valuation to which the homestead exemption applies
  115  and provide an additional homestead exemption equal to the
  116  greater of forty percent of the homestead’s just valuation
  117  between seventy-five thousand and five-hundred thousand dollars,
  118  and this section shall take effect January 1, 2013.
  119         BE IT FURTHER RESOLVED that the following statement be
  120  placed on the ballot:
  121                      CONSTITUTIONAL AMENDMENT                     
  122                       ARTICLE VII, SECTION 6                      
  123                       ARTICLE XII, SECTION 32                     
  124         APPLICATION OF THE HOMESTEAD EXEMPTION; ADDITIONAL
  125  HOMESTEAD EXEMPTION.—This proposed amendment to the State
  126  Constitution changes the portion of the value of homestead
  127  property to which the homestead ad valorem tax exemption applies
  128  and provides an additional homestead exemption.
  129         Currently, the homestead exemption exempts the first
  130  $25,000 of the assessed value of a homestead from ad valorem
  131  taxes by all taxing authorities and exempts the assessed value
  132  greater than $50,000 and up to $75,000 from ad valorem taxes by
  133  all taxing authorities except school districts. This proposed
  134  amendment makes the first $25,000 of the assessed value of a
  135  homestead subject to ad valorem taxes by all taxing authorities.
  136  However, under the amendment the assessed value of a homestead
  137  greater than $25,000 and up to $50,000 will be exempt from ad
  138  valorem taxes by school districts and the assessed value of the
  139  homestead greater than $25,000 and up to $75,000 will be exempt
  140  from ad valorem taxes by all taxing authorities except school
  141  districts.
  142         This proposed amendment to the State Constitution provides
  143  for an additional homestead exemption equal to the greater of 40
  144  percent of the just value of the homestead property between
  145  $75,000 and $500,000. However, if the accumulated benefit
  146  already provided under the Save Our Homes amendment to the State
  147  Constitution is greater than the additional homestead exemption,
  148  the accumulated benefit will apply. The Save Our Homes amendment
  149  generally limits the increase in the taxable value of homestead
  150  property to the lesser of 3 percent or the rate of inflation.
  151         These proposed changes to the State Constitution will take
  152  effect on January 1, 2013.