HB 0353CS

CHAMBER ACTION




1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
House Joint Resolution
6A joint resolution proposing an amendment to Section 6 of
7Article VII and the creation of Section 26 of Article XII
8of the State Constitution to provide for a phased increase
9in the homestead exemption over 5 years from $25,000 to
10$50,000 for all levies, increase the maximum additional
11homestead exemption for low-income seniors from $25,000 to
12$50,000, and schedule the amendment to take effect January
131, 2007, if adopted.
14
15Be It Resolved by the Legislature of the State of Florida:
16
17     That the following amendment to Section 6 of Article VII
18and the creation of Section 26 of Article XII of the State
19Constitution are agreed to and shall be submitted to the
20electors of this state for approval or rejection at the next
21general election or at an earlier special election specifically
22authorized 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
27real estate and maintains thereon the permanent residence of the
28owner, or another legally or naturally dependent upon the owner,
29shall be exempt from taxation thereon, except assessments for
30special benefits, up to the assessed valuation of five thousand
31dollars, upon establishment of right thereto in the manner
32prescribed by law. The real estate may be held by legal or
33equitable title, by the entireties, jointly, in common, as a
34condominium, or indirectly by stock ownership or membership
35representing the owner's or member's proprietary interest in a
36corporation owning a fee or a leasehold initially in excess of
37ninety-eight years.
38     (b)  Not more than one exemption shall be allowed any
39individual or family unit or with respect to any residential
40unit. No exemption shall exceed the value of the real estate
41assessable to the owner or, in case of ownership through stock
42or membership in a corporation, the value of the proportion
43which the interest in the corporation bears to the assessed
44value of the property.
45     (c)(1)  By general law and subject to conditions specified
46therein, the exemption shall be increased to a total of the
47following amounts twenty-five thousand dollars of the assessed
48value of the real estate for each school district levy: thirty
49thousand dollars with respect to 2007 assessments; thirty-five
50thousand dollars with respect to 2008 assessments; forty
51thousand dollars with respect to 2009 assessments; forty-five
52thousand dollars with respect to 2010 assessments; and fifty
53thousand dollars with respect to 2011 assessments. In 2012 and
54each year thereafter, the exemption shall increase annually by
55the percentage change in the Consumer Price Index for all urban
56consumers, U.S. City Average, all items 1967=100, or successor
57reports for the preceding calendar year as initially reported by
58the United States Department of Labor, Bureau of Labor
59Statistics.
60     (2)  By general law and subject to conditions specified
61therein, the exemption for all other levies may be increased up
62to an amount not exceeding ten thousand dollars of the assessed
63value of the real estate if the owner has attained age sixty-
64five or is totally and permanently disabled and if the owner is
65not entitled to the exemption provided in subsection (d).
66     (d)  By general law and subject to conditions specified
67therein, the exemption shall be increased to a total of the
68following amounts of assessed value of real estate for each levy
69other than those of school districts: thirty fifteen thousand
70dollars with respect to 2007 1980 assessments; thirty-five
71twenty thousand dollars with respect to 2008 1981 assessments;
72forty twenty-five thousand dollars with respect to 2009
73assessments; forty-five thousand dollars with respect to 2010
74assessments; and fifty thousand dollars with respect to 2011
75assessments. In 2012 for 1982 and each year thereafter, the
76exemption shall increase annually by the percentage change in
77the Consumer Price Index for all urban consumers, U.S. City
78Average, all items 1967=100, or successor reports for the
79preceding calendar year as initially reported by the United
80States Department of Labor, Bureau of Labor Statistics. However,
81such increase shall not apply with respect to any assessment
82roll until such roll is first determined to be in compliance
83with the provisions of section 4 by a state agency designated by
84general law. This subsection shall stand repealed on the
85effective date of any amendment to section 4 which provides for
86the assessment of homestead property at a specified percentage
87of its just value.
88     (e)  By general law and subject to conditions specified
89therein, the Legislature may provide to renters, who are
90permanent residents, ad valorem tax relief on all ad valorem tax
91levies. Such ad valorem tax relief shall be in the form and
92amount established by general law.
93     (f)  The legislature may, by general law, allow counties or
94municipalities, for the purpose of their respective tax levies
95and subject to the provisions of general law, to grant an
96additional homestead tax exemption not exceeding fifty twenty-
97five thousand dollars to any person who has the legal or
98equitable title to real estate and maintains thereon the
99permanent residence of the owner and who has attained age sixty-
100five and whose household income, as defined by general law, does
101not exceed twenty thousand dollars. The general law must allow
102counties and municipalities to grant this additional exemption,
103within the limits prescribed in this subsection, by ordinance
104adopted in the manner prescribed by general law, and must
105provide for the periodic adjustment of the income limitation
106prescribed in this subsection for changes in the cost of living.
107
ARTICLE XII
108
SCHEDULE
109     SECTION 26.  Increased homestead exemption.--The amendment
110to Section 6 of Article VII, increasing the amount of the
111homestead exemption, shall take effect January 1, 2007.
112     BE IT FURTHER RESOLVED that the following statement be
113placed on the ballot:
114
CONSTITUTIONAL AMENDMENT
115
ARTICLE VII, SECTION 6
116
ARTICLE XII, SECTION 26
117     INCREASE IN HOMESTEAD EXEMPTION.--Proposing amendment of
118the State Constitution to provide for a phased increase in the
119homestead exemption from $25,000 to $50,000 over 5 years for all
120levies, school districts or otherwise; increase the maximum
121additional homestead exemption for low-income seniors from
122$25,000 to $50,000; and schedule the amendment to take effect
123January 1, 2007, if adopted.


CODING: Words stricken are deletions; words underlined are additions.