HB 0353CS

CHAMBER ACTION




1The Fiscal 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 increase the maximum
9additional homestead exemption for low-income seniors from
10$25,000 to $50,000 and to schedule the amendment to take
11effect January 1, 2007, if adopted.
12
13Be It Resolved by the Legislature of the State of Florida:
14
15     That the following amendment to Section 6 of Article VII
16and the creation of Section 26 of Article XII of the State
17Constitution are agreed to and shall be submitted to the
18electors of this state for approval or rejection at the next
19general election or at an earlier special election specifically
20authorized by law for that purpose:
21
ARTICLE VII
22
FINANCE AND TAXATION
23     SECTION 6.  Homestead exemptions.--
24     (a)  Every person who has the legal or equitable title to
25real estate and maintains thereon the permanent residence of the
26owner, or another legally or naturally dependent upon the owner,
27shall be exempt from taxation thereon, except assessments for
28special benefits, up to the assessed valuation of five thousand
29dollars, upon establishment of right thereto in the manner
30prescribed by law. The real estate may be held by legal or
31equitable title, by the entireties, jointly, in common, as a
32condominium, or indirectly by stock ownership or membership
33representing the owner's or member's proprietary interest in a
34corporation owning a fee or a leasehold initially in excess of
35ninety-eight years.
36     (b)  Not more than one exemption shall be allowed any
37individual or family unit or with respect to any residential
38unit. No exemption shall exceed the value of the real estate
39assessable to the owner or, in case of ownership through stock
40or membership in a corporation, the value of the proportion
41which the interest in the corporation bears to the assessed
42value of the property.
43     (c)  By general law and subject to conditions specified
44therein, the exemption shall be increased to a total of twenty-
45five thousand dollars of the assessed value of the real estate
46for each school district levy. By general law and subject to
47conditions specified therein, the exemption for all other levies
48may be increased up to an amount not exceeding ten thousand
49dollars of the assessed value of the real estate if the owner
50has attained age sixty-five or is totally and permanently
51disabled and if the owner is not entitled to the exemption
52provided in subsection (d).
53     (d)  By general law and subject to conditions specified
54therein, the exemption shall be increased to a total of the
55following amounts of assessed value of real estate for each levy
56other than those of school districts: fifteen thousand dollars
57with respect to 1980 assessments; twenty thousand dollars with
58respect to 1981 assessments; twenty-five thousand dollars with
59respect to assessments for 1982 and each year thereafter.
60However, such increase shall not apply with respect to any
61assessment roll until such roll is first determined to be in
62compliance with the provisions of section 4 by a state agency
63designated by general law. This subsection shall stand repealed
64on the effective date of any amendment to section 4 which
65provides for the assessment of homestead property at a specified
66percentage of its just value.
67     (e)  By general law and subject to conditions specified
68therein, the Legislature may provide to renters, who are
69permanent residents, ad valorem tax relief on all ad valorem tax
70levies. Such ad valorem tax relief shall be in the form and
71amount established by general law.
72     (f)  The legislature may, by general law, allow counties or
73municipalities, for the purpose of their respective tax levies
74and subject to the provisions of general law, to grant an
75additional homestead tax exemption not exceeding fifty twenty-
76five thousand dollars to any person who has the legal or
77equitable title to real estate and maintains thereon the
78permanent residence of the owner and who has attained age sixty-
79five and whose household income, as defined by general law, does
80not exceed twenty thousand dollars. The general law must allow
81counties and municipalities to grant this additional exemption,
82within the limits prescribed in this subsection, by ordinance
83adopted in the manner prescribed by general law, and must
84provide for the periodic adjustment of the income limitation
85prescribed in this subsection for changes in the cost of living.
86
ARTICLE XII
87
SCHEDULE
88     SECTION 26.  Increased homestead exemption.--The amendment
89to Section 6 of Article VII increasing the maximum additional
90amount of the homestead exemption for low-income seniors shall
91take effect January 1, 2007.
92     BE IT FURTHER RESOLVED that the following statement be
93placed on the ballot:
94
CONSTITUTIONAL AMENDMENT
95
ARTICLE VII, SECTION 6
96
ARTICLE XII, SECTION 26
97     INCREASED HOMESTEAD EXEMPTION.--Proposing amendment of the
98State Constitution to increase the maximum additional homestead
99exemption for low-income seniors from $25,000 to $50,000 and to
100schedule the amendment to take effect January 1, 2007, if
101adopted.


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