House Bill hb0829

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    Florida House of Representatives - 2002                HJR 829

        By Representative Haridopolos






  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 3 of Article VII of the State

  4         Constitution, relating to legislative

  5         authorization to exempt tangible personal

  6         property from ad valorem taxation, and creating

  7         Section 26 of Article XII of the State

  8         Constitution, relating to scheduling an

  9         effective date for such amendment.

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

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13         That the amendment to Section 3 of Article VII of the

14  State Constitution and the creation of Section 26 of Article

15  XII of the State Constitution as set forth below are agreed to

16  and shall be submitted to the electors of Florida for approval

17  or rejection at the general election to be held in November

18  2002:

19                           ARTICLE VII

20                       FINANCE AND TAXATION

21         SECTION 3.  Taxes; exemptions.--

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

23  exclusively by it for municipal or public purposes shall be

24  exempt from taxation.  A municipality, owning property outside

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

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

27  Such portions of property as are used predominantly for

28  educational, literary, scientific, religious or charitable

29  purposes may be exempted by general law from taxation.

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

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

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    Florida House of Representatives - 2002                HJR 829

    765-112-02






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

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

  3  widower or person who is blind or totally and permanently

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

  5  than five hundred dollars.

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

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

  8  subsection and general law, grant community and economic

  9  development ad valorem tax exemptions to new businesses and

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

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

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

13  county or municipality voting on such question in a referendum

14  authorize the county or municipality to adopt such ordinances.

15  An exemption so granted shall apply to improvements to real

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

17  improvements to real property related to the expansion of an

18  existing business and shall also apply to tangible personal

19  property of such new business and tangible personal property

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

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

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

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

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

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

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

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

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

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

30  renewable energy source device and to real property on which

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

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    Florida House of Representatives - 2002                HJR 829

    765-112-02






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

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

  3  years.

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

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

  6  subsection and general law, grant historic preservation ad

  7  valorem tax exemptions to owners of historic properties.  This

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

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

10  exemption and the requirements for eligible properties must be

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

12  exemption may be granted to a property owner shall be

13  determined by general law.

14         (f)  By general law, the legislature, when it

15  determines that it is not economically cost-effective to

16  administer, assess, and collect taxes on specific types of

17  tangible personal property, may exempt such property from ad

18  valorem taxation.

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20                           ARTICLE XII

21                             SCHEDULE

22         SECTION 26.  Ad valorem tax exemption for tangible

23  personal property.--The amendment to Section 3 of Article VII,

24  relating to exempting tangible personal property from ad

25  valorem taxation, shall take effect January 1, 2003.

26         BE IT FURTHER RESOLVED that in accordance with the

27  requirements of section 101.161, Florida Statutes, the

28  substance of the amendment proposed herein shall appear on the

29  ballot as follows:

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    Florida House of Representatives - 2002                HJR 829

    765-112-02






  1         Proposing an amendment to Section 3 of Article VII of

  2  the State Constitution to authorize the Legislature to exempt

  3  specific types of tangible personal property from ad valorem

  4  taxation under conditions of economically unfeasible

  5  administration, to take effect January 1, 2003, if approved by

  6  the electorate.

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