Senate Bill sb2076

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    Florida Senate - 2004                                 SJR 2076

    By Senator Diaz de la Portilla





    36-1565-04                                         See HJR 691

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing an amendment to

  3         Section 6 of Article VII of the State

  4         Constitution to authorize the Legislature to

  5         allow counties and municipalities to grant K-12

  6         public school classroom teachers an additional

  7         homestead tax exemption not to exceed $25,000

  8         each year.

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

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12         That the following amendment to Section 6 of Article

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

14  submitted to the electors of this state for approval or

15  rejection at the next general election or at an earlier

16  special election specifically authorized by law for that

17  purpose:

18                           ARTICLE VII

19                       FINANCE AND TAXATION

20         SECTION 6.  Homestead exemptions.--

21         (a)  Every person who has the legal or equitable title

22  to real estate and maintains thereon the permanent residence

23  of the owner, or another legally or naturally dependent upon

24  the owner, shall be exempt from taxation thereon, except

25  assessments for special benefits, up to the assessed valuation

26  of five thousand dollars, upon establishment of right thereto

27  in the manner prescribed by law. The real estate may be held

28  by legal or equitable title, by the entireties, jointly, in

29  common, as a condominium, or indirectly by stock ownership or

30  membership representing the owner's or member's proprietary

31  

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    Florida Senate - 2004                                 SJR 2076
    36-1565-04                                         See HJR 691




 1  interest in a corporation owning a fee or a leasehold

 2  initially in excess of ninety-eight years.

 3         (b)  Not more than one exemption shall be allowed any

 4  individual or family unit or with respect to any residential

 5  unit. No exemption shall exceed the value of the real estate

 6  assessable to the owner or, in case of ownership through stock

 7  or membership in a corporation, the value of the proportion

 8  which the interest in the corporation bears to the assessed

 9  value of the property.

10         (c)  By general law and subject to conditions specified

11  therein, the exemption shall be increased to a total of

12  twenty-five thousand dollars of the assessed value of the real

13  estate for each school district levy. By general law and

14  subject to conditions specified therein, the exemption for all

15  other levies may be increased up to an amount not exceeding

16  ten thousand dollars of the assessed value of the real estate

17  if the owner has attained age sixty-five or is totally and

18  permanently disabled and if the owner is not entitled to the

19  exemption provided in subsection (d).

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

21  therein, the exemption shall be increased to a total of the

22  following amounts of assessed value of real estate for each

23  levy other than those of school districts: fifteen thousand

24  dollars with respect to 1980 assessments; twenty thousand

25  dollars with respect to 1981 assessments; twenty-five thousand

26  dollars with respect to assessments for 1982 and each year

27  thereafter. However, such increase shall not apply with

28  respect to any assessment roll until such roll is first

29  determined to be in compliance with the provisions of section

30  4 by a state agency designated by general law. This subsection

31  shall stand repealed on the effective date of any amendment to

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    Florida Senate - 2004                                 SJR 2076
    36-1565-04                                         See HJR 691




 1  section 4 which provides for the assessment of homestead

 2  property at a specified percentage of its just value.

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

 4  therein, the Legislature may provide to renters, who are

 5  permanent residents, ad valorem tax relief on all ad valorem

 6  tax levies. Such ad valorem tax relief shall be in the form

 7  and amount established by general law.

 8         (f)  The legislature may, by general law, allow

 9  counties or municipalities, for the purpose of their

10  respective tax levies and subject to the provisions of general

11  law, to grant an additional homestead tax exemption not

12  exceeding twenty-five thousand dollars to any person who has

13  the legal or equitable title to real estate and maintains

14  thereon the permanent residence of the owner and who has

15  attained age sixty-five and whose household income, as defined

16  by general law, does not exceed twenty thousand dollars. The

17  general law must allow counties and municipalities to grant

18  this additional exemption, within the limits prescribed in

19  this subsection, by ordinance adopted in the manner prescribed

20  by general law, and must provide for the periodic adjustment

21  of the income limitation prescribed in this subsection for

22  changes in the cost of living.

23         (g)  The legislature may, by general law, allow

24  counties or municipalities, for the purpose of their

25  respective tax levies and subject to the provisions of general

26  law, to grant an additional homestead tax exemption not

27  exceeding twenty-five thousand dollars to any person who is a

28  classroom teacher in grades kindergarten through 12 in a

29  public school. The general law must allow counties and

30  municipalities to grant this additional exemption, within the

31  limits prescribed in this subsection, by ordinance adopted in

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    Florida Senate - 2004                                 SJR 2076
    36-1565-04                                         See HJR 691




 1  the manner prescribed by general law. A person receiving this

 2  additional exemption must apply to renew the exemption each

 3  year and must provide proof of eligibility. The ordinance may

 4  provide for administration of the exemption.

 5         BE IT FURTHER RESOLVED that the title following

 6  statement be placed on the ballot:

 7                     CONSTITUTIONAL AMENDMENT

 8                      ARTICLE VII, SECTION 6

 9         ADDITIONAL HOMESTEAD TAX EXEMPTION FOR PUBLIC SCHOOL

10  CLASSROOM TEACHERS.--Proposing an amendment to the State

11  Constitution to authorize the Legislature to allow counties

12  and municipalities to grant K-12 public school classroom

13  teachers an additional homestead tax exemption not to exceed

14  $25,000 each year.

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