1 | The State Administration Council recommends the following: |
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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 of the State Constitution, relating to |
8 | homestead exemptions from ad valorem taxation, to provide |
9 | a discount from the amount of ad valorem taxation levied |
10 | on the homestead of a World War II veteran who meets |
11 | specified criteria. |
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13 | Be It Resolved by the Legislature of the State of Florida: |
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15 | That the following amendment to Section 6 of Article VII of |
16 | the State Constitution is agreed to and shall be submitted to |
17 | the electors of this state for approval or rejection at the next |
18 | general election or at an earlier special election specifically |
19 | authorized by law for that purpose: |
20 | ARTICLE VII |
21 | FINANCE AND TAXATION |
22 | SECTION 6. Homestead exemptions.-- |
23 | (a) Every person who has the legal or equitable title to |
24 | real estate and maintains thereon the permanent residence of the |
25 | owner, or another legally or naturally dependent upon the owner, |
26 | shall be exempt from taxation thereon, except assessments for |
27 | special benefits, up to the assessed valuation of five thousand |
28 | dollars, upon establishment of right thereto in the manner |
29 | prescribed by law. The real estate may be held by legal or |
30 | equitable title, by the entireties, jointly, in common, as a |
31 | condominium, or indirectly by stock ownership or membership |
32 | representing the owner's or member's proprietary interest in a |
33 | corporation owning a fee or a leasehold initially in excess of |
34 | ninety-eight years. |
35 | (b) Not more than one exemption shall be allowed any |
36 | individual or family unit or with respect to any residential |
37 | unit. No exemption shall exceed the value of the real estate |
38 | assessable to the owner or, in case of ownership through stock |
39 | or membership in a corporation, the value of the proportion |
40 | which the interest in the corporation bears to the assessed |
41 | value of the property. |
42 | (c) By general law and subject to conditions specified |
43 | therein, the exemption shall be increased to a total of twenty- |
44 | five thousand dollars of the assessed value of the real estate |
45 | for each school district levy. By general law and subject to |
46 | conditions specified therein, the exemption for all other levies |
47 | may be increased up to an amount not exceeding ten thousand |
48 | dollars of the assessed value of the real estate if the owner |
49 | has attained age sixty-five or is totally and permanently |
50 | disabled and if the owner is not entitled to the exemption |
51 | provided in subsection (d). |
52 | (d) By general law and subject to conditions specified |
53 | therein, the exemption shall be increased to a total of the |
54 | following amounts of assessed value of real estate for each levy |
55 | other than those of school districts: fifteen thousand dollars |
56 | with respect to 1980 assessments; twenty thousand dollars with |
57 | respect to 1981 assessments; twenty-five thousand dollars with |
58 | respect to assessments for 1982 and each year thereafter. |
59 | However, such increase shall not apply with respect to any |
60 | assessment roll until such roll is first determined to be in |
61 | compliance with the provisions of section 4 by a state agency |
62 | designated by general law. This subsection shall stand repealed |
63 | on the effective date of any amendment to section 4 which |
64 | provides for the assessment of homestead property at a specified |
65 | percentage of its just value. |
66 | (e) By general law and subject to conditions specified |
67 | therein, the Legislature may provide to renters, who are |
68 | permanent residents, ad valorem tax relief on all ad valorem tax |
69 | levies. Such ad valorem tax relief shall be in the form and |
70 | amount established by general law. |
71 | (f) The legislature may, by general law, allow counties or |
72 | municipalities, for the purpose of their respective tax levies |
73 | and subject to the provisions of general law, to grant an |
74 | additional homestead tax exemption not exceeding twenty-five |
75 | thousand dollars to any person who has the legal or equitable |
76 | title to real estate and maintains thereon the permanent |
77 | residence of the owner and who has attained age sixty-five and |
78 | whose household income, as defined by general law, does not |
79 | exceed twenty thousand dollars. The general law must allow |
80 | counties and municipalities to grant this additional exemption, |
81 | within the limits prescribed in this subsection, by ordinance |
82 | adopted in the manner prescribed by general law, and must |
83 | provide for the periodic adjustment of the income limitation |
84 | prescribed in this subsection for changes in the cost of living. |
85 | (g) Each veteran of World War II who is partially or |
86 | totally permanently disabled shall receive a discount from the |
87 | amount of the ad valorem tax otherwise owed on homestead |
88 | property the veteran owns and resides in if the disability was |
89 | combat related, the veteran was a resident of this state at the |
90 | time of entering the military service of the United States, and |
91 | the veteran was honorably discharged upon separation from |
92 | military service. The discount shall be in a percentage equal to |
93 | the percentage of the veteran's permanent, service-connected |
94 | disability as determined by the United States Department of |
95 | Veterans Affairs. To qualify for the discount granted by this |
96 | subsection, an applicant must submit to the county property |
97 | appraiser, by March 1, proof of residency at the time of |
98 | entering military service, an official letter from the United |
99 | States Department of Veterans Affairs stating the percentage of |
100 | the veteran's service-connected disability and such evidence |
101 | that reasonably identifies the disability as combat related, and |
102 | a copy of the veteran's honorable discharge. If the property |
103 | appraiser denies the request for a discount, the appraiser must |
104 | notify the applicant in writing of the reasons for the denial, |
105 | and the veteran may reapply. The Legislature may, by general |
106 | law, waive the annual application requirement in subsequent |
107 | years. This subsection shall take effect December 7, 2006, is |
108 | self-executing, and does not require implementing legislation. |
109 | BE IT FURTHER RESOLVED that the following statement be |
110 | placed on the ballot: |
111 | CONSTITUTIONAL AMENDMENT |
112 | ARTICLE VII, SECTION 6 |
113 | WORLD WAR II PERMANENTLY DISABLED VETERANS' DISCOUNT ON |
114 | HOMESTEAD AD VALOREM TAX.--Proposing an amendment to the State |
115 | Constitution to provide a discount from the amount of ad valorem |
116 | tax on the homestead of a partially or totally permanently |
117 | disabled veteran of World War II who was a Florida resident at |
118 | the time of entering military service, whose disability was |
119 | combat-related, and who was honorably discharged; to specify the |
120 | percentage of the discount as equal to the percentage of the |
121 | veteran's permanent service-connected disability; to specify |
122 | qualification requirements for the discount; to authorize the |
123 | Legislature to waive the annual application requirement in |
124 | subsequent years by general law; and to specify that the |
125 | provision takes effect December 7, 2006, is self-executing, and |
126 | does not require implementing legislation. |