House Bill hb1965

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    Florida House of Representatives - 2001               HJR 1965

        By the Committee on Fiscal Policy & Resources and
    Representative Wallace





  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 3 of Article VII and the creation of

  4         Section 26 of Article XII of the State

  5         Constitution relating to exemption from ad

  6         valorem taxation for certain tangible personal

  7         property.

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

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11         That the amendment to Section 3 of Article VII and the

12  creation of Section 26 of Article XII of the State

13  Constitution set forth below are agreed to and shall be

14  submitted to the electors of Florida for approval or rejection

15  at the general election to be held in November 2002:

16                           ARTICLE VII

17                       FINANCE AND TAXATION

18         SECTION 3.  Taxes; exemptions.--

19         (a)  All property owned by a municipality and used

20  exclusively by it for municipal or public purposes shall be

21  exempt from taxation.  A municipality, owning property outside

22  the municipality, may be required by general law to make

23  payment to the taxing unit in which the property is located.

24  Such portions of property as are used predominantly for

25  educational, literary, scientific, religious or charitable

26  purposes may be exempted by general law from taxation.

27         (b)  There shall be exempt from taxation, cumulatively,

28  to every head of a family residing in this state, household

29  goods and personal effects to the value fixed by general law,

30  not less than one thousand dollars, and to every widow or

31  widower or person who is blind or totally and permanently

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    Florida House of Representatives - 2001               HJR 1965

    696-194-01






  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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    Florida House of Representatives - 2001               HJR 1965

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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.  This

  5  exemption may be granted only by ordinance of the county or

  6  municipality.  The amount or limits of the amount of this

  7  exemption and the requirements for eligible properties must be

  8  specified by general law.  The period of time for which this

  9  exemption may be granted to a property owner shall be

10  determined by general law.

11         (f)  By general law and subject to the conditions

12  specified therein, in addition to any other exemption granted

13  to tangible personal property pursuant to this section, all

14  tangible personal property in this state held by the same

15  owner may be exempted from ad valorem taxation up to a total

16  cumulative value of $5,000. This exemption does not apply if

17  the total value of all tangible personal property held by the

18  owner that would qualify for this exemption exceeds the amount

19  of the exemption. This exemption does not apply to tangible

20  personal property held for sale as stock in trade and

21  livestock, which are subject to Section 4(b) of this article.

22                           ARTICLE XII

23                             SCHEDULE

24         SECTION 26.  Exemption for certain tangible personal

25  property.--Section 3(f) of Article VII, relating to exemption

26  from ad valorem taxation for certain tangible personal

27  property, shall take effect January 1, 2003.

28         BE IT FURTHER RESOLVED that in accordance with the

29  requirements of section 101.161, Florida Statutes, the title

30  and substance of the amendment proposed herein shall appear on

31  the ballot as follows:

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    Florida House of Representatives - 2001               HJR 1965

    696-194-01






  1                    TAX EXEMPTION FOR CERTAIN

  2                    TANGIBLE PERSONAL PROPERTY

  3         Allows exemption from ad valorem taxation by general

  4  law of all tangible personal property in this state held by

  5  the same owner up to a total value of $5,000, unless the value

  6  of such property qualified for the exemption held by the owner

  7  exceeds the amount of the exemption. This exemption would be

  8  in addition to other constitutional exemptions for such

  9  property and would not apply to tangible personal property

10  held for sale as stock in trade or livestock.

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