Senate Bill sb2494

    Florida Senate - 2002                                 SJR 2494

    By Senator Posey





    15-1672-02

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing an amendment to

  3         Section 3 of Article VII of the State

  4         Constitution, relating to finance and taxation,

  5         to allow certain types of tangible personal

  6         property to be exempted from ad valorem

  7         taxation by general law, if the Legislature

  8         finds that collecting such taxes is not

  9         cost-effective.

10

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

12

13         That the following amendment to Section 3 of Article

14  VII of the State Constitution is agreed to and shall be

15  submitted to the electors of this state for approval or

16  rejection at the next general election and, if adopted, shall

17  take effect January 1, 2003:

18                           ARTICLE VII

19                       FINANCE AND TAXATION

20         SECTION 3.  Taxes; exemptions.--

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

22  exclusively by it for municipal or public purposes shall be

23  exempt from taxation.  A municipality, owning property outside

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

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

26  Such portions of property as are used predominantly for

27  educational, literary, scientific, religious or charitable

28  purposes may be exempted by general law from taxation.

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

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

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

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    Florida Senate - 2002                                 SJR 2494
    15-1672-02




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

  2  widower or person who is blind or totally and permanently

  3  disabled, property to the value fixed by general law not less

  4  than five hundred dollars.

  5         (c)  Any county or municipality may, for the purpose of

  6  its respective tax levy and subject to the provisions of this

  7  subsection and general law, grant community and economic

  8  development ad valorem tax exemptions to new businesses and

  9  expansions of existing businesses, as defined by general law.

10  Such an exemption may be granted only by ordinance of the

11  county or municipality, and only after the electors of the

12  county or municipality voting on such question in a referendum

13  authorize the county or municipality to adopt such ordinances.

14  An exemption so granted shall apply to improvements to real

15  property made by or for the use of a new business and

16  improvements to real property related to the expansion of an

17  existing business and shall also apply to tangible personal

18  property of such new business and tangible personal property

19  related to the expansion of an existing business. The amount

20  or limits of the amount of such exemption shall be specified

21  by general law.  The period of time for which such exemption

22  may be granted to a new business or expansion of an existing

23  business shall be determined by general law.  The authority to

24  grant such exemption shall expire ten years from the date of

25  approval by the electors of the county or municipality, and

26  may be renewable by referendum as provided by general law.

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

28  therein, there may be granted an ad valorem tax exemption to a

29  renewable energy source device and to real property on which

30  such device is installed and operated, to the value fixed by

31  general law not to exceed the original cost of the device, and

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    Florida Senate - 2002                                 SJR 2494
    15-1672-02




  1  for the period of time fixed by general law not to exceed ten

  2  years.

  3         (e)  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 historic preservation ad

  6  valorem tax exemptions to owners of historic properties.  This

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

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

  9  exemption and the requirements for eligible properties must be

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

11  exemption may be granted to a property owner shall be

12  determined by general law.

13         (f)  If the legislature determines that it is not

14  economically cost-effective to administer, assess, and collect

15  taxes on certain types of tangible personal property, such

16  property may by general law be exempted from ad valorem

17  taxation.

18         BE IT FURTHER RESOLVED that the following statement be

19  placed on the ballot:

20                     CONSTITUTIONAL AMENDMENT

21                      ARTICLE VII, SECTION 3

22         AD VALOREM TAX EXEMPTION FOR CERTAIN TANGIBLE PERSONAL

23  PROPERTY.--Proposing an amendment to the State Constitution,

24  effective January 1, 2003, to allow the exemption from ad

25  valorem taxation of certain tangible personal property if the

26  Legislature has determined that collecting the taxes would be

27  economically infeasible.

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