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