Senate Bill sb0630c1

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    Florida Senate - 2002                           CS for SJR 630

    By the Committee on Transportation; and Senators Clary and
    Latvala




    306-2138-02

  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 a tax exemption for

  5         certain property owned by municipalities or

  6         special districts and used for specified

  7         purposes.

  8

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

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11         That the following amendment to Section 3 of Article

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

13  submitted to the electors of this state for approval or

14  rejection at the next general election, or at an earlier

15  special election specifically authorized by law for that

16  purpose, and, if approved, shall take effect January 1, 2003:

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18                           ARTICLE VII

19                       FINANCE AND TAXATION

20         SECTION 3.  Taxes; exemptions.--

21         (a)  All property owned by a municipality or special

22  district and used exclusively by it for governmental or

23  municipal or public purposes shall be exempt from taxation.

24  All property not otherwise exempt from taxation owned by a

25  municipality or by a special district and used for the

26  purposes of transportation of passengers or cargo at airports

27  or deepwater seaports or used for purposes for which public

28  funds may be expended may be exempted from taxation as

29  provided by general law, which general law must authorize

30  counties to opt out of the provisions of this paragraph upon a

31  majority vote of the County Commission. A municipality, owning

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    Florida Senate - 2002                           CS for SJR 630
    306-2138-02




  1  property outside the municipality, may be required by general

  2  law to make payment to the taxing unit in which the property

  3  is located.  Such portions of property as are used

  4  predominantly for educational, literary, scientific, religious

  5  or charitable purposes may be exempted by general law from

  6  taxation.

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

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

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

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

11  widower or person who is blind or totally and permanently

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

13  than five hundred dollars.

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

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

16  subsection and general law, grant community and economic

17  development ad valorem tax exemptions to new businesses and

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

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

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

21  county or municipality voting on such question in a referendum

22  authorize the county or municipality to adopt such ordinances.

23  An exemption so granted shall apply to improvements to real

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

25  improvements to real property related to the expansion of an

26  existing business and shall also apply to tangible personal

27  property of such new business and tangible personal property

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

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

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

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

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    Florida Senate - 2002                           CS for SJR 630
    306-2138-02




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

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

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

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

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

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

  7  renewable energy source device and to real property on which

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

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

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

11  years.

12         (e)  Any county or municipality may, for the purpose of

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

14  subsection and general law, grant historic preservation ad

15  valorem tax exemptions to owners of historic properties.  This

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

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

18  exemption and the requirements for eligible properties must be

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

20  exemption may be granted to a property owner shall be

21  determined by general law.

22         BE IT FURTHER RESOLVED that the following statement be

23  placed on the ballot:

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25                     CONSTITUTIONAL AMENDMENT

26                      ARTICLE VII, SECTION 3

27         TAXATION OF MUNICIPAL OR SPECIAL-DISTRICT

28  PROPERTY.--Proposing an amendment to the State Constitution to

29  provide that municipal or special-district property used for

30  governmental or municipal purposes is exempt from taxation,

31  and to authorize the Legislature to enact general laws to

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    Florida Senate - 2002                           CS for SJR 630
    306-2138-02




  1  exempt from taxation municipal or special-district property

  2  used for transporting passengers or cargo at airports or

  3  deepwater seaports or used for purposes for which public funds

  4  may be expended.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 630

  8

  9  The CS/SJR provides such general law must allow counties to
    opt out of the provisions of Section 3(a) of Article VII of
10  the State Constitution by a majority vote of the County
    Commission.
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