CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0324
Florida Senate - 1998 SJR 324
By Senator Ostalkiewicz
12-143-98
1 Senate Joint Resolution No.
2 A joint resolution proposing an amendment to
3 Section 3 of Article VII of the State
4 Constitution; providing for the exemption from
5 ad valorem taxation of certain tangible
6 personal property.
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8 Be It Resolved by the Legislature of the State of Florida:
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10 That the amendment to Section 3 of Article VII of the
11 State Constitution is agreed to and shall be submitted to the
12 electors of this state for approval or rejection at the
13 general election to be held in November 1998, and, if
14 approved, shall take effect January 1, 1999:
15 ARTICLE VII
16 FINANCE AND TAXATION
17 SECTION 3. Taxes; exemptions.--
18 (a) All property owned by a municipality and used
19 exclusively by it for municipal or public purposes shall be
20 exempt from taxation. A municipality, owning property outside
21 the municipality, may be required by general law to make
22 payment to the taxing unit in which the property is located.
23 Such portions of property as are used predominantly for
24 educational, literary, scientific, religious or charitable
25 purposes may be exempted by general law from taxation.
26 (b) There shall be exempt from taxation, cumulatively,
27 to every head of a family residing in this state, household
28 goods and personal effects to the value fixed by general law,
29 not less than one thousand dollars, and to every widow or
30 widower or person who is blind or totally and permanently
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Florida Senate - 1998 SJR 324
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1 disabled, property to the value fixed by general law not less
2 than five hundred dollars.
3 (c) Any county or municipality may, for the purpose of
4 its respective tax levy and subject to the provisions of this
5 subsection and general law, grant community and economic
6 development ad valorem tax exemptions to new businesses and
7 expansions of existing businesses, as defined by general law.
8 Such an exemption may be granted only by ordinance of the
9 county or municipality, and only after the electors of the
10 county or municipality voting on such question in a referendum
11 authorize the county or municipality to adopt such ordinances.
12 An exemption so granted shall apply to improvements to real
13 property made by or for the use of a new business and
14 improvements to real property related to the expansion of an
15 existing business and shall also apply to tangible personal
16 property of such new business and tangible personal property
17 related to the expansion of an existing business. The amount
18 or limits of the amount of such exemption shall be specified
19 by general law. The period of time for which such exemption
20 may be granted to a new business or expansion of an existing
21 business shall be determined by general law. The authority to
22 grant such exemption shall expire ten years from the date of
23 approval by the electors of the county or municipality, and
24 may be renewable by referendum as provided by general law.
25 (d) By general law and subject to conditions specified
26 therein, there may be granted an ad valorem tax exemption to a
27 renewable energy source device and to real property on which
28 such device is installed and operated, to the value fixed by
29 general law not to exceed the original cost of the device, and
30 for the period of time fixed by general law not to exceed ten
31 years.
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1 (e) Any county or municipality may, for the purpose of
2 its respective tax levy and subject to the provisions of this
3 subsection and general law, grant historic preservation ad
4 valorem tax exemptions to owners of historic properties
5 engaging in the rehabilitation or renovation of these
6 properties in accordance with approved historic preservation
7 guidelines. This exemption may be granted only by ordinance
8 of the county or municipality. The amount or limits of the
9 amount of this exemption and the requirements for eligible
10 properties must be specified by general law. The period of
11 time for which this exemption may be granted to a property
12 owner shall be determined by general law.
13 (f) By general law and subject to the conditions
14 specified therein, in addition to any other exemption granted
15 to tangible personal property pursuant to this section, all
16 tangible personal property in this state held by the same
17 owner may be exempted from ad valorem taxation up to a total
18 cumulative value of $5,000. This exemption does not apply if
19 the total value of all tangible personal property held by the
20 owner that would qualify for this exemption exceeds the amount
21 of the exemption. This exemption does not apply to tangible
22 personal property held for sale as stock in trade and
23 livestock, which are subject to Section 4(b) of this Article.
24 BE IT FURTHER RESOLVED that the following statement be
25 placed on the ballot:
26 CONSTITUTIONAL AMENDMENT
27 ARTICLE VII, SECTION 3
28 TAX EXEMPTION FOR CERTAIN TANGIBLE PERSONAL
29 PROPERTY.--Proposing an amendment to the State Constitution,
30 effective January 1, 1999, to allow the exemption from ad
31 valorem taxation by general law of tangible personal property
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Florida Senate - 1998 SJR 324
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1 held by the same owner up to a total value of $5,000,
2 excluding tangible personal property held for sale as stock in
3 trade or livestock.
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