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Senate Bill 0246

Florida Senate - 1998 SJR 246 By Senator Diaz-Balart 37-348-98 See HJR 1 Senate Joint Resolution No. 2 A joint resolution proposing an amendment to 3 Section 6, Article VII of the State 4 Constitution relating to an additional 5 homestead tax exemption. 6 7 Be It Resolved by the Legislature of the State of Florida: 8 9 That the following amendment to Section 6 of Article 10 VII of the State Constitution is agreed to and shall be 11 submitted to the electors of this state for approval or 12 rejection at the next general election, and, if approved, 13 shall take effect January 1, 1999: 14 ARTICLE VII 15 FINANCE AND TAXATION 16 SECTION 6. Homestead exemptions.-- 17 (a) Every person who has the legal or equitable title 18 to real estate and maintains thereon the permanent residence 19 of the owner, or another legally or naturally dependent upon 20 the owner, shall be exempt from taxation thereon, except 21 assessments for special benefits, up to the assessed valuation 22 of five thousand dollars, upon establishment of right thereto 23 in the manner prescribed by law. The real estate may be held 24 by legal or equitable title, by the entireties, jointly, in 25 common, as a condominium, or indirectly by stock ownership or 26 membership representing the owner's or member's proprietary 27 interest in a corporation owning a fee or a leasehold 28 initially in excess of ninety-eight years. 29 (b) Not more than one exemption shall be allowed any 30 individual or family unit or with respect to any residential 31 unit. No exemption shall exceed the value of the real estate 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SJR 246 37-348-98 See HJR 1 assessable to the owner or, in case of ownership through stock 2 or membership in a corporation, the value of the proportion 3 which his interest in the corporation bears to the assessed 4 value of the property. 5 (c) By general law and subject to conditions specified 6 therein, the exemption shall be increased to a total of 7 twenty-five thousand dollars of the assessed value of the real 8 estate for each school district levy. By general law and 9 subject to conditions specified therein, the exemption for all 10 other levies may be increased up to an amount not exceeding 11 ten thousand dollars of the assessed value of the real estate 12 if the owner has attained age sixty-five or is totally and 13 permanently disabled and if the owner is not entitled to the 14 exemption provided in subsection (d). 15 (d) By general law and subject to conditions specified 16 therein, the exemption shall be increased to a total of the 17 following amounts of assessed value of real estate for each 18 levy other than those of school districts: fifteen thousand 19 dollars with respect to 1980 assessments; twenty thousand 20 dollars with respect to 1981 assessments; twenty-five thousand 21 dollars with respect to assessments for 1982 and each year 22 thereafter. However, such increase shall not apply with 23 respect to any assessment roll until such roll is first 24 determined to be in compliance with the provisions of section 25 4 by a state agency designated by general law. This subsection 26 shall stand repealed on the effective date of any amendment to 27 section 4 which provides for the assessment of homestead 28 property at a specified percentage of its just value. 29 (e) By general law and subject to conditions specified 30 therein, the Legislature may provide to renters, who are 31 permanent residents, ad valorem tax relief on all ad valorem 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SJR 246 37-348-98 See HJR 1 tax levies. Such ad valorem tax relief shall be in the form 2 and amount established by general law. 3 (f) The legislature may, by general law, allow 4 counties or municipalities, for the purpose of their 5 respective tax levies and subject to the provisions of general 6 law, to grant an additional homestead tax exemption not 7 exceeding twenty-five thousand dollars to any person who has 8 the legal or equitable title to real estate and maintains 9 thereon the permanent residence of the owner and who has 10 attained age sixty-five and whose household income, as defined 11 by general law, does not exceed twenty thousand dollars. The 12 general law must allow counties and municipalities to grant 13 this additional exemption, within the limits prescribed in 14 this subsection, by ordinance adopted in the manner prescribed 15 by general law, and must provide for the periodic adjustment 16 of the income limitation prescribed in this subsection for 17 changes in the cost of living. 18 BE IT FURTHER RESOLVED that the following statement be 19 placed on the ballot: 20 CONSTITUTIONAL AMENDMENT 21 ARTICLE VII, SECTION 6 22 ADDITIONAL HOMESTEAD TAX EXEMPTION.--Proposing an 23 amendment to the State Constitution, effective January 1, 24 1999, to authorize the Legislature to allow counties and 25 municipalities to grant an additional homestead tax exemption 26 not exceeding $25,000 to certain persons 65 years of age or 27 older whose household income does not exceed a specified 28 amount. 29 30 31 3