House Bill 3071c1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998            CS/HJR 3071

        By the Committee on Governmental Operations and
    Representatives Rodriguez-Chomat, Diaz de la Portilla, Rojas,
    Lawson, Fasano and Kelly




  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 6 of Article VII of the State

  4         Constitution relating to homestead exemption.

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

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  8         That the amendment to Section 6 of Article VII of the

  9  State Constitution as set forth below is agreed to and shall

10  be submitted to the electors of Florida for approval or

11  rejection at the general election to be held in November 1998:

12         SECTION 6.  Homestead exemptions.--

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

14  to real estate and maintains thereon the permanent residence

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

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

17  assessments for special benefits, up to the assessed valuation

18  of five thousand dollars, upon establishment of right thereto

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

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

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

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

23  interest in a corporation owning a fee or a leasehold

24  initially in excess of ninety-eight years.

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

26  individual or family unit or with respect to any residential

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

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

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

30  which his interest in the corporation bears to the assessed

31  value of the property.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998            CS/HJR 3071

    192-966-98






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

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

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

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

  5  subject to conditions specified therein, the exemption for all

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

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

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

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

10  exemption provided in subsection (d).

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

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

13  following amounts of assessed value of real estate for each

14  levy other than those of school districts: fifteen thousand

15  dollars with respect to 1980 assessments; twenty thousand

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

17  dollars with respect to assessments for 1982 and each year

18  thereafter. However, such increase shall not apply with

19  respect to any assessment roll until such roll is first

20  determined to be in compliance with the provisions of section

21  4 by a state agency designated by general law.  This

22  subsection shall stand repealed on the effective date of any

23  amendment to section 4 which provides for the assessment of

24  homestead property at a specified percentage of its just

25  value.

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

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

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

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

30  and amount established by general law.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998            CS/HJR 3071

    192-966-98






  1         (f)  The legislature may, by general law and subject to

  2  conditions specified therein, allow counties or

  3  municipalities, by ordinance, to increase the homestead

  4  exemption by an additional amount not to exceed twenty-five

  5  thousand dollars of the assessed value of the real estate for

  6  any person who is age sixty-five or older, and whose household

  7  income, as defined by the Internal Revenue Code, does not

  8  exceed twenty thousand dollars.

  9         (1)  The ordinance must provide for the periodic

10  adjustment of the income limitation prescribed in this

11  subsection for changes in the cost of living.

12         (2)  For the purposes of this subsection, the term

13  "household" means a husband and wife, a widow, a widower, a

14  single man, or a single woman.

15         BE IT FURTHER RESOLVED that in accordance with the

16  requirements of section 101.161, Florida Statutes, the

17  substance of the amendment proposed herein shall appear on the

18  ballot as follows:

19             PROVIDING ADDITIONAL HOMESTEAD EXEMPTION

20                   FOR PERSONS AGE 65 OR OLDER

21         Proposing an amendment to Section 6 of Article VII of

22  the State Constitution to authorize the Legislature to provide

23  an additional homestead exemption of up to $25,000 to persons

24  age 65 or older with a household income of no more than

25  $20,000.

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