HJR 0763 2004
1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 6 of
3	Article VII of the State Constitution to provide for an
4	additional homestead exemption for persons whose elderly
5	parents live with them in the homestead.
6
7	Be It Resolved by the Legislature of the State of Florida:
8
9	That the amendment to Section 6 of Article VII of the State
10	Constitution set forth below is agreed to and shall be submitted
11	to the electors of Florida for approval or rejection at the
12	general election to be held in November 2004:
13	ARTICLE VII
14	FINANCE AND TAXATION
15	SECTION 6. Homestead exemptions.--
16	(a) Every person who has the legal or equitable title to
17	real estate and maintains thereon the permanent residence of the
18	owner, or another legally or naturally dependent upon the owner,
19	shall be exempt from taxation thereon, except assessments for
20	special benefits, up to the assessed valuation of five thousand
21	dollars, upon establishment of right thereto in the manner
22	prescribed by law. The real estate may be held by legal or
23	equitable title, by the entireties, jointly, in common, as a
24	condominium, or indirectly by stock ownership or membership
25	representing the owner's or member's proprietary interest in a
26	corporation owning a fee or a leasehold initially in excess of
27	ninety-eight years.
28	(b) Not more than one exemption shall be allowed any
29	individual or family unit or with respect to any residential
30	unit. No exemption shall exceed the value of the real estate
31	assessable to the owner or, in case of ownership through stock
32	or membership in a corporation, the value of the proportion
33	which the interest in the corporation bears to the assessed
34	value of the property.
35	(c) By general law and subject to conditions specified
36	therein, the exemption shall be increased to a total of twenty-
37	five thousand dollars of the assessed value of the real estate
38	for each school district levy. By general law and subject to
39	conditions specified therein, the exemption for all other levies
40	may be increased up to an amount not exceeding ten thousand
41	dollars of the assessed value of the real estate if the owner
42	has attained age sixty-five or is totally and permanently
43	disabled and if the owner is not entitled to the exemption
44	provided in subsection (d).
45	(d) By general law and subject to conditions specified
46	therein, the exemption shall be increased to a total of the
47	following amounts of assessed value of real estate for each levy
48	other than those of school districts: fifteen thousand dollars
49	with respect to 1980 assessments; twenty thousand dollars with
50	respect to 1981 assessments; twenty-five thousand dollars with
51	respect to assessments for 1982 and each year thereafter.
52	However, such increase shall not apply with respect to any
53	assessment roll until such roll is first determined to be in
54	compliance with the provisions of section 4 by a state agency
55	designated by general law. This subsection shall stand repealed
56	on the effective date of any amendment to section 4 which
57	provides for the assessment of homestead property at a specified
58	percentage of its just value.
59	(e) By general law and subject to conditions specified
60	therein, the Legislature may provide to renters, who are
61	permanent residents, ad valorem tax relief on all ad valorem tax
62	levies. Such ad valorem tax relief shall be in the form and
63	amount established by general law.
64	(f) The legislature may, by general law, allow counties or
65	municipalities, for the purpose of their respective tax levies
66	and subject to the provisions of general law, to grant an
67	additional homestead tax exemption not exceeding twenty-five
68	thousand dollars to any person who has the legal or equitable
69	title to real estate and maintains thereon the permanent
70	residence of the owner and who has attained age sixty-five and
71	whose household income, as defined by general law, does not
72	exceed twenty thousand dollars. The general law must allow
73	counties and municipalities to grant this additional exemption,
74	within the limits prescribed in this subsection, by ordinance
75	adopted in the manner prescribed by general law, and must
76	provide for the periodic adjustment of the income limitation
77	prescribed in this subsection for changes in the cost of living.
78	(g) The legislature may, by general law, allow counties or
79	municipalities, for the purpose of their respective tax levies
80	and subject to the provisions of general law, to grant an
81	additional homestead tax exemption not exceeding twenty-five
82	thousand dollars to any person who has the legal or equitable
83	title to real estate and maintains thereon the permanent
84	residence of the owner and whose parents who are age sixty-five
85	or older live in such residence with such person instead of
86	being placed in a nursing home, assisted living facility, or
87	other facility for the elderly. The general law must allow
88	counties and municipalities to grant this additional exemption,
89	within the limits prescribed in this subsection, by ordinance
90	adopted in the manner prescribed by general law. The ordinance
91	shall specify the conditions under which the additional
92	homestead exemption would be granted and enforced.
93	BE IT FURTHER RESOLVED that the title and substance of the
94	amendment proposed herein shall appear on the ballot as follows:
95	ADDITIONAL HOMESTEAD EXEMPTION
96	Proposes an amendment to Section 6 of Article VII of the
97	State Constitution to authorize the Legislature to allow
98	counties or municipalities to grant an additional homestead
99	exemption not exceeding $25,000 for persons whose parents who
100	are age 65 or older live with them in their homestead.