Senate Bill 0408c1

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    Florida Senate - 1998                           CS for SJR 408

    By the Committee on Community Affairs and Senator Gutman





    316-1071-98

  1                 Senate Joint Resolution No.     

  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)  Except as provided in subsection (f), not more

26  than one exemption shall be allowed any individual or family

27  unit or with respect to any residential unit. No exemption

28  shall exceed the value of the real estate assessable to the

29  owner or, in case of ownership through stock or membership in

30  a corporation, the value of the proportion which his interest

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    Florida Senate - 1998                           CS for SJR 408
    316-1071-98




  1  in the corporation bears to the assessed value of the

  2  property.

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

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

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

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

  7  subject to conditions specified therein, the exemption for all

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

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

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

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

12  exemption provided in subsection (d).

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

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

15  following amounts of assessed value of real estate for each

16  levy other than those of school districts: fifteen thousand

17  dollars with respect to 1980 assessments; twenty thousand

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

19  dollars with respect to assessments for 1982 and each year

20  thereafter. However, such increase shall not apply with

21  respect to any assessment roll until such roll is first

22  determined to be in compliance with the provisions of section

23  4 by a state agency designated by general law.  This

24  subsection shall stand repealed on the effective date of any

25  amendment to section 4 which provides for the assessment of

26  homestead property at a specified percentage of its just

27  value.

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

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

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

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    Florida Senate - 1998                           CS for SJR 408
    316-1071-98




  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 and subject to

  4  conditions specified therein, allow counties or

  5  municipalities, by ordinance, to increase the homestead

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

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

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

  9  income, as defined by general law, does not exceed twenty

10  thousand dollars. 

11         1.  The ordinance must provide for the periodic

12  adjustment of the income limitation prescribed in this

13  subsection for changes in the cost of living.

14          2.  For the purposes of this subsection, the term

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

16  single man, or a single woman.

17         BE IT FURTHER RESOLVED that in accordance with the

18  requirements of section 101.161, Florida Statutes, the

19  substance of the amendment proposed herein shall appear on the

20  ballot as follows:

21                     CONSTITUTIONAL AMENDMENT

22                      ARTICLE VII, SECTION 6

23         ADDITIONAL HOMESTEAD TAX EXEMPTION.--Proposing an

24  amendment to the State Constitution to authorize the

25  Legislature to allow counties and municipalities to grant an

26  additional homestead tax exemption not exceeding $25,000 to

27  certain persons 65 years of age or older whose household

28  income does not exceed a specified amount.

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    Florida Senate - 1998                           CS for SJR 408
    316-1071-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 408

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  4  Changes the increased exemption from general law to local
    option, and limits the increased exemption to those qualified
  5  elders whose income does not exceed $20,000.

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