Senate Bill sb1344c1

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    Florida Senate - 2006                          CS for SJR 1344

    By the Committee on Community Affairs; and Senator Bennett





    578-1860-06

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 3 of Article VII of the State

  4         Constitution to broaden the tax exemption for

  5         governmental uses of municipal property and to

  6         authorize property owned by a municipality or

  7         special district and used for certain purposes

  8         to be exempt from taxation as provided by

  9         general law.

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

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13         That the following amendment to Section 3 of Article

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

15  submitted to the electors of this state for approval or

16  rejection at the next general election or at an earlier

17  special election specifically authorized by law for that

18  purpose:

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 governmental or municipal or public

24  purposes shall be exempt from taxation. All property owned by

25  a municipality not otherwise exempt from taxation or by a

26  special district and used for airport, seaport, or public

27  purposes, as defined by general law, and uses that are

28  incidental thereto, may be exempted from taxation as provided

29  by general law. A municipality, owning property outside the

30  municipality, may be required by general law to make payment

31  to the taxing unit in which the property is located. Such

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    Florida Senate - 2006                          CS for SJR 1344
    578-1860-06




 1  portions of property as are used predominantly for

 2  educational, literary, scientific, religious or charitable

 3  purposes may be exempted by general law from taxation.

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

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

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

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

 8  widower or person who is blind or totally and permanently

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

10  than five hundred dollars.

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

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

13  subsection and general law, grant community and economic

14  development ad valorem tax exemptions to new businesses and

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

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

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

18  county or municipality voting on such question in a referendum

19  authorize the county or municipality to adopt such ordinances.

20  An exemption so granted shall apply to improvements to real

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

22  improvements to real property related to the expansion of an

23  existing business and shall also apply to tangible personal

24  property of such new business and tangible personal property

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

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

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

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

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

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

31  

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    Florida Senate - 2006                          CS for SJR 1344
    578-1860-06




 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         PROPERTY TAX EXEMPTIONS.--Proposing an amendment to the

25  State Constitution to broaden the tax exemption for

26  governmental uses of municipal property and to authorize

27  property owned by a municipality or special district and used

28  for certain purposes to be exempt from taxation as provided by

29  general law.

30  

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    Florida Senate - 2006                          CS for SJR 1344
    578-1860-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                   Senate Joint Resolution 1344

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 4  This committee substitute for a joint resolution exempts
    municipal-owned property that is used for governmental
 5  purposes from ad valorem taxation. It also authorizes the
    Legislature to provide an ad valorem tax exemption for
 6  property owned by a municipality that is not otherwise exempt
    or owned by a special district and used for an airport,
 7  seaport, or public purposes, as defined by general law, and
    uses incidental thereto.
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    The committee substitute deletes language that authorized the
 9  Legislature to provide an ad valorem exemption for property
    owned by a municipality or special district and used by the
10  municipality or special district or leased to a private entity
    and operated for governmental or proprietary purposes.
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