House Bill hb0829e1

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                                          HJR 829, First Engrossed



  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 finance and taxation,

  5         to authorize the Legislature to exempt specific

  6         types of tangible personal property from ad

  7         valorem taxation or ad valorem tax

  8         administration, appraisal, and collection

  9         requirements and procedures, or both, under

10         certain circumstances and creating Section 26

11         of Article XII of the State Constitution,

12         relating to scheduling an effective date for

13         such amendment.

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

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

18  State Constitution and the creation of Section 26 of Article

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

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

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

22  2002:

23                           ARTICLE VII

24                       FINANCE AND TAXATION

25         SECTION 3.  Taxes; exemptions.--

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

27  exclusively by it for municipal or public purposes shall be

28  exempt from taxation.  A municipality, owning property outside

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

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

31  Such portions of property as are used predominantly for


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                                          HJR 829, First Engrossed



  1  educational, literary, scientific, religious or charitable

  2  purposes may be exempted by general law from taxation.

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

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

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

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

  7  widower or person who is blind or totally and permanently

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

  9  than five hundred dollars.

10         (c)  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 community and economic

13  development ad valorem tax exemptions to new businesses and

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

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

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

17  county or municipality voting on such question in a referendum

18  authorize the county or municipality to adopt such ordinances.

19  An exemption so granted shall apply to improvements to real

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

21  improvements to real property related to the expansion of an

22  existing business and shall also apply to tangible personal

23  property of such new business and tangible personal property

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

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

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

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

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

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

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

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


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                                          HJR 829, First Engrossed



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

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

  3  renewable energy source device and to real property on which

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

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

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

  7  years.

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

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

10  subsection and general law, grant historic preservation ad

11  valorem tax exemptions to owners of historic properties.  This

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

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

14  exemption and the requirements for eligible properties must be

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

16  exemption may be granted to a property owner shall be

17  determined by general law.

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

19  economically cost-effective to appraise the value of, or

20  administer, assess, levy, and collect ad valorem taxes on,

21  specific types of tangible personal property, the legislature,

22  by general law, may exempt such property from ad valorem

23  taxation or from the uniform requirements and procedures of ad

24  valorem tax administration, appraisal, and collection, or

25  both.

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27                           ARTICLE XII

28                             SCHEDULE

29         SECTION 26.  Exemptions from ad valorem taxes or ad

30  valorem requirements and procedures for specific types of

31  tangible personal property.--The amendment to Section 3 of


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                                          HJR 829, First Engrossed



  1  Article VII, relating to exempting specific types of tangible

  2  personal property from ad valorem taxation or from the uniform

  3  requirements and procedures of ad valorem tax administration,

  4  appraisal, and collection, or both, shall take effect January

  5  1, 2003.

  6         BE IT FURTHER RESOLVED that in accordance with the

  7  requirements of section 101.161, Florida Statutes, the

  8  substance of the amendment proposed herein shall appear on the

  9  ballot as follows:

10    AD VALOREM TAX AND REQUIREMENTS AND PROCEDURES EXEMPTIONS

11         FOR SPECIFIC TYPES OF TANGIBLE PERSONAL PROPERTY

12         Proposing an amendment to Section 3 of Article VII of

13  the State Constitution to authorize the Legislature, by

14  general law, to exempt specific types of tangible personal

15  property from ad valorem taxation or from the uniform

16  requirements and procedures of ad valorem tax administration,

17  appraisal, and collection, or both, if the appraisal of, or

18  administration, assessment, levy, and collection of, ad

19  valorem taxes on such property is not economically

20  cost-effective, to take effect January 1, 2003, if approved by

21  the electorate.

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