Senate Bill sb0630c2

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    Florida Senate - 2002                    CS for CS for SJR 630

    By the Committees on Finance and Taxation; Transportation; and
    Senators Clary and Latvala




    314-2169-02

  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:

17                           ARTICLE VII

18                       FINANCE AND TAXATION

19         SECTION 3.  Taxes; exemptions.--

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

21  district and used exclusively by it for governmental or

22  municipal or public purposes shall be exempt from taxation.

23  All property not otherwise exempt from taxation owned by a

24  municipality or by a special district and used for the

25  purposes of transportation of passengers or cargo at airports

26  or deepwater seaports may be exempted from taxation as

27  provided by general law, which general law must authorize

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

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

30  property outside the municipality, may be required by general

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

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    Florida Senate - 2002                    CS for CS for SJR 630
    314-2169-02




  1  is located.  Such portions of property as are used

  2  predominantly for educational, literary, scientific, religious

  3  or charitable purposes may be exempted by general law from

  4  taxation.

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

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

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

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

  9  widower or person who is blind or totally and permanently

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

11  than five hundred dollars.

12         (c)  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 community and economic

15  development ad valorem tax exemptions to new businesses and

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

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

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

19  county or municipality voting on such question in a referendum

20  authorize the county or municipality to adopt such ordinances.

21  An exemption so granted shall apply to improvements to real

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

23  improvements to real property related to the expansion of an

24  existing business and shall also apply to tangible personal

25  property of such new business and tangible personal property

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

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

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

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

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

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

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    Florida Senate - 2002                    CS for CS for SJR 630
    314-2169-02




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

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

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

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

  5  renewable energy source device and to real property on which

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

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

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

  9  years.

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

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

12  subsection and general law, grant historic preservation ad

13  valorem tax exemptions to owners of historic properties.  This

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

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

16  exemption and the requirements for eligible properties must be

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

18  exemption may be granted to a property owner shall be

19  determined by general law.

20         BE IT FURTHER RESOLVED that the following statement be

21  placed on the ballot:

22                     CONSTITUTIONAL AMENDMENT

23                      ARTICLE VII, SECTION 3

24         TAXATION OF MUNICIPAL OR SPECIAL-DISTRICT

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

26  provide that municipal or special-district property used for

27  governmental or municipal purposes is exempt from taxation,

28  and to authorize the Legislature to enact general laws to

29  exempt from taxation municipal or special-district property

30  used for transporting passengers or cargo at airports or

31  deepwater seaports.

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    Florida Senate - 2002                    CS for CS for SJR 630
    314-2169-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SJR 630

  3

  4  CS/CS/SJR 630 provides that, by general law, municipal or
    special district property used for transportation purposes at
  5  an airport or deepwater seaport may be exempted from ad
    valorem taxation. It removes "property used for purposes for
  6  which public funds may be expended" from the list of property
    that can be exempted by general law.
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