1 | The Local Government Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | House Joint Resolution |
6 | A joint resolution proposing an amendment to Section 6 of |
7 | Article VII and the creation of Section 26 of Article XII |
8 | of the State Constitution to provide for a phased increase |
9 | in the homestead exemption over 5 years from $25,000 to |
10 | $50,000 for all levies, increase the maximum additional |
11 | homestead exemption for low-income seniors from $25,000 to |
12 | $50,000, and schedule the amendment to take effect January |
13 | 1, 2007, if adopted. |
14 |
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15 | Be It Resolved by the Legislature of the State of Florida: |
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17 | That the following amendment to Section 6 of Article VII |
18 | and the creation of Section 26 of Article XII of the State |
19 | Constitution are agreed to and shall be submitted to the |
20 | electors of this state for approval or rejection at the next |
21 | general election or at an earlier special election specifically |
22 | authorized by law for that purpose: |
23 | ARTICLE VII |
24 | FINANCE AND TAXATION |
25 | SECTION 6. Homestead exemptions.-- |
26 | (a) Every person who has the legal or equitable title to |
27 | real estate and maintains thereon the permanent residence of the |
28 | owner, or another legally or naturally dependent upon the owner, |
29 | shall be exempt from taxation thereon, except assessments for |
30 | special benefits, up to the assessed valuation of five thousand |
31 | dollars, upon establishment of right thereto in the manner |
32 | prescribed by law. The real estate may be held by legal or |
33 | equitable title, by the entireties, jointly, in common, as a |
34 | condominium, or indirectly by stock ownership or membership |
35 | representing the owner's or member's proprietary interest in a |
36 | corporation owning a fee or a leasehold initially in excess of |
37 | ninety-eight years. |
38 | (b) Not more than one exemption shall be allowed any |
39 | individual or family unit or with respect to any residential |
40 | unit. No exemption shall exceed the value of the real estate |
41 | assessable to the owner or, in case of ownership through stock |
42 | or membership in a corporation, the value of the proportion |
43 | which the interest in the corporation bears to the assessed |
44 | value of the property. |
45 | (c)(1) By general law and subject to conditions specified |
46 | therein, the exemption shall be increased to a total of the |
47 | following amounts twenty-five thousand dollars of the assessed |
48 | value of the real estate for each school district levy: thirty |
49 | thousand dollars with respect to 2007 assessments; thirty-five |
50 | thousand dollars with respect to 2008 assessments; forty |
51 | thousand dollars with respect to 2009 assessments; forty-five |
52 | thousand dollars with respect to 2010 assessments; and fifty |
53 | thousand dollars with respect to 2011 assessments. In 2012 and |
54 | each year thereafter, the exemption shall increase annually by |
55 | the percentage change in the Consumer Price Index for all urban |
56 | consumers, U.S. City Average, all items 1967=100, or successor |
57 | reports for the preceding calendar year as initially reported by |
58 | the United States Department of Labor, Bureau of Labor |
59 | Statistics. |
60 | (2) By general law and subject to conditions specified |
61 | therein, the exemption for all other levies may be increased up |
62 | to an amount not exceeding ten thousand dollars of the assessed |
63 | value of the real estate if the owner has attained age sixty- |
64 | five or is totally and permanently disabled and if the owner is |
65 | not entitled to the exemption provided in subsection (d). |
66 | (d) By general law and subject to conditions specified |
67 | therein, the exemption shall be increased to a total of the |
68 | following amounts of assessed value of real estate for each levy |
69 | other than those of school districts: thirty fifteen thousand |
70 | dollars with respect to 2007 1980 assessments; thirty-five |
71 | twenty thousand dollars with respect to 2008 1981 assessments; |
72 | forty twenty-five thousand dollars with respect to 2009 |
73 | assessments; forty-five thousand dollars with respect to 2010 |
74 | assessments; and fifty thousand dollars with respect to 2011 |
75 | assessments. In 2012 for 1982 and each year thereafter, the |
76 | exemption shall increase annually by the percentage change in |
77 | the Consumer Price Index for all urban consumers, U.S. City |
78 | Average, all items 1967=100, or successor reports for the |
79 | preceding calendar year as initially reported by the United |
80 | States Department of Labor, Bureau of Labor Statistics. However, |
81 | such increase shall not apply with respect to any assessment |
82 | roll until such roll is first determined to be in compliance |
83 | with the provisions of section 4 by a state agency designated by |
84 | general law. This subsection shall stand repealed on the |
85 | effective date of any amendment to section 4 which provides for |
86 | the assessment of homestead property at a specified percentage |
87 | of its just value. |
88 | (e) By general law and subject to conditions specified |
89 | therein, the Legislature may provide to renters, who are |
90 | permanent residents, ad valorem tax relief on all ad valorem tax |
91 | levies. Such ad valorem tax relief shall be in the form and |
92 | amount established by general law. |
93 | (f) The legislature may, by general law, allow counties or |
94 | municipalities, for the purpose of their respective tax levies |
95 | and subject to the provisions of general law, to grant an |
96 | additional homestead tax exemption not exceeding fifty twenty- |
97 | five thousand dollars to any person who has the legal or |
98 | equitable title to real estate and maintains thereon the |
99 | permanent residence of the owner and who has attained age sixty- |
100 | five and whose household income, as defined by general law, does |
101 | not exceed twenty thousand dollars. The general law must allow |
102 | counties and municipalities to grant this additional exemption, |
103 | within the limits prescribed in this subsection, by ordinance |
104 | adopted in the manner prescribed by general law, and must |
105 | provide for the periodic adjustment of the income limitation |
106 | prescribed in this subsection for changes in the cost of living. |
107 | ARTICLE XII |
108 | SCHEDULE |
109 | SECTION 26. Increased homestead exemption.--The amendment |
110 | to Section 6 of Article VII, increasing the amount of the |
111 | homestead exemption, shall take effect January 1, 2007. |
112 | BE IT FURTHER RESOLVED that the following statement be |
113 | placed on the ballot: |
114 | CONSTITUTIONAL AMENDMENT |
115 | ARTICLE VII, SECTION 6 |
116 | ARTICLE XII, SECTION 26 |
117 | INCREASE IN HOMESTEAD EXEMPTION.--Proposing amendment of |
118 | the State Constitution to provide for a phased increase in the |
119 | homestead exemption from $25,000 to $50,000 over 5 years for all |
120 | levies, school districts or otherwise; increase the maximum |
121 | additional homestead exemption for low-income seniors from |
122 | $25,000 to $50,000; and schedule the amendment to take effect |
123 | January 1, 2007, if adopted. |