Senate Bill sb0194c1

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    Florida Senate - 2006                           CS for SJR 194

    By the Committee on Ways and Means; and Senators Fasano,
    Jones, Haridopolos, Wise, Hill, Garcia, Smith, Posey, Baker,
    Clary, Margolis, Alexander, Peaden, Campbell, Sebesta,
    Bennett, Atwater, King, Lawson, Argenziano and Miller


    576-2241-06

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 6 of Article VII of the State

  4         Constitution, relating to homestead exemptions

  5         from ad valorem taxation, to provide a discount

  6         from the amount of ad valorem taxation levied

  7         on the homestead of a World War II veteran who

  8         meets specified criteria.

  9  

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 - 2006                           CS for SJR 194
    576-2241-06




 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 - 2006                           CS for SJR 194
    576-2241-06




 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)  Each veteran of World War II who is partially or

24  totally permanently disabled shall receive a discount from the

25  amount of the ad valorem tax otherwise owed on homestead

26  property the veteran owns and resides in if the disability was

27  combat related, the veteran was a resident of this state at

28  the time of entering the military service of the United

29  States, and the veteran was honorably discharged upon

30  separation from military service. The discount shall be in a

31  percentage equal to the percentage of the veteran's permanent,

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    Florida Senate - 2006                           CS for SJR 194
    576-2241-06




 1  service-connected disability as determined by the United

 2  States Department of Veterans Affairs or its predecessor. To

 3  qualify for the discount granted by this subsection, an

 4  applicant must submit to the county property appraiser, by

 5  March 1, proof of residency at the time of entering military

 6  service, an official letter from the United States Department

 7  of Veterans Affairs or its predecessor stating the percentage

 8  of the veteran's service-connected disability and such

 9  evidence that reasonably identifies the disability as combat

10  related, and a copy of the veteran's honorable discharge. If

11  the property appraiser denies the request for a discount, the

12  appraiser must notify the applicant in writing of the reasons

13  for the denial, and the veteran may reapply. The Legislature

14  may, by general law, waive the annual application requirement

15  in subsequent years. This subsection shall take effect

16  December 7, 2006, is self-executing, and does not require

17  implementing legislation.

18         BE IT FURTHER RESOLVED that the following statement be

19  placed on the ballot:

20                     CONSTITUTIONAL AMENDMENT

21                      ARTICLE VII, SECTION 6

22         WORLD WAR II PERMANENTLY DISABLED VETERANS' DISCOUNT ON

23  HOMESTEAD AD VALOREM TAX.--Proposing an amendment to the State

24  Constitution to provide a discount from the amount of ad

25  valorem tax on the homestead of a partially or totally

26  permanently disabled veteran of World War II who was a Florida

27  resident at the time of entering military service, whose

28  disability was combat-related, and who was honorably

29  discharged; to specify the percentage of the discount as equal

30  to the percentage of the veteran's permanent service-connected

31  disability; to specify qualification requirements for the

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    Florida Senate - 2006                           CS for SJR 194
    576-2241-06




 1  discount; to authorize the Legislature to waive the annual

 2  application requirement in subsequent years by general law;

 3  and to specify that the provision takes effect December 7,

 4  2006, is self-executing, and does not require implementing

 5  legislation.

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 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                   Senate Joint Resolution 194

 9                                 

10  The Committee Substitute provides that the amendment is
    self-executing and does not require implementing legislation.
11  It also sets  a date certain for the applicant to submit
    required information to qualify for the discount, clarifies
12  the documentation necessary for qualification, and allows the
    Legislature to waive the annual application requirements.
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