Senate Bill sb0452

    Florida Senate - 2007                                  SJR 452

    By Senator Dawson





    29-328C-07

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 6 of Article VII of the State

  4         Constitution, relating to finance and taxation,

  5         to increase the amount of the homestead

  6         exemption.

  7  

  8  Be It Resolved by the Legislature of the State of Florida:

  9  

10         That the following amendment to Section 6 of Article

11  VII of the State Constitution is agreed to and shall be

12  submitted to the electors of this state for approval or

13  rejection at the next general election or at an earlier

14  special election specifically authorized by law for that

15  purpose:

16                           ARTICLE VII

17                       FINANCE AND TAXATION

18         SECTION 6.  Homestead exemptions.--

19         (a)  Every person who has the legal or equitable title

20  to real estate and maintains thereon the permanent residence

21  of the owner, or another legally or naturally dependent upon

22  the owner, shall be exempt from taxation thereon, except

23  assessments for special benefits, up to the assessed valuation

24  of five thousand dollars, upon establishment of right thereto

25  in the manner prescribed by law.  The real estate may be held

26  by legal or equitable title, by the entireties, jointly, in

27  common, as a condominium, or indirectly by stock ownership or

28  membership representing the owner's or member's proprietary

29  interest in a corporation owning a fee or a leasehold

30  initially in excess of ninety-eight years.

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    Florida Senate - 2007                                  SJR 452
    29-328C-07




 1         (b)  Not more than one exemption shall be allowed any

 2  individual or family unit or with respect to any residential

 3  unit. No exemption shall exceed the value of the real estate

 4  assessable to the owner or, in case of ownership through stock

 5  or membership in a corporation, the value of the proportion

 6  which the interest in the corporation bears to the assessed

 7  value of the property.

 8         (c)  By general law and subject to conditions specified

 9  therein, the exemption shall be increased to a total of

10  twenty-five thousand dollars of the assessed value of the real

11  estate for each school district levy. By general law and

12  subject to conditions specified therein, the exemption for all

13  other levies may be increased up to an amount not exceeding

14  ten thousand dollars of the assessed value of the real estate

15  if the owner has attained age sixty-five or is totally and

16  permanently disabled and if the owner is not entitled to the

17  exemption provided in subsection (d).

18         (d)  By general law and subject to conditions specified

19  therein, the exemption shall be increased to a total of the

20  following amounts of assessed value of real estate for each

21  levy other than those of school districts: fifteen thousand

22  dollars with respect to 1980 assessments; twenty thousand

23  dollars with respect to 1981 assessments; twenty-five thousand

24  dollars with respect to assessments for 1982 and each year

25  thereafter; fifty thousand dollars with respect to assessments

26  for 2009 and each year thereafter. However, such increase

27  shall not apply with respect to any assessment roll until such

28  roll is first determined to be in compliance with the

29  provisions of section 4 by a state agency designated by

30  general law.  This subsection shall stand repealed on the

31  effective date of any amendment to section 4 which provides

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    Florida Senate - 2007                                  SJR 452
    29-328C-07




 1  for the assessment of homestead property at a specified

 2  percentage of its just value.

 3         (e)  By general law and subject to conditions specified

 4  therein, the Legislature may provide to renters, who are

 5  permanent residents, ad valorem tax relief on all ad valorem

 6  tax levies. Such ad valorem tax relief shall be in the form

 7  and amount established by general law.

 8         (f)  The legislature may, by general law, allow

 9  counties or municipalities, for the purpose of their

10  respective tax levies and subject to the provisions of general

11  law, to grant an additional homestead tax exemption not

12  exceeding fifty thousand dollars to any person who has the

13  legal or equitable title to real estate and maintains thereon

14  the permanent residence of the owner and who has attained age

15  sixty-five and whose household income, as defined by general

16  law, does not exceed twenty thousand dollars.  The general law

17  must allow counties and municipalities to grant this

18  additional exemption, within the limits prescribed in this

19  subsection, by ordinance adopted in the manner prescribed by

20  general law, and must provide for the periodic adjustment of

21  the income limitation prescribed in this subsection for

22  changes in the cost of living.

23         (g)  Each veteran who is age 65 or older who is

24  partially or totally permanently disabled shall receive a

25  discount from the amount of the ad valorem tax otherwise owed

26  on homestead property the veteran owns and resides in if the

27  disability was combat related, the veteran was a resident of

28  this state at the time of entering the military service of the

29  United States, and the veteran was honorably discharged upon

30  separation from military service. The discount shall be in a

31  percentage equal to the percentage of the veteran's permanent,

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    Florida Senate - 2007                                  SJR 452
    29-328C-07




 1  service-connected disability as determined by the United

 2  States Department of Veterans Affairs. To qualify for the

 3  discount granted by this subsection, an applicant must submit

 4  to the county property appraiser, by March 1, proof of

 5  residency at the time of entering military service, an

 6  official letter from the United States Department of Veterans

 7  Affairs stating the percentage of the veteran's

 8  service-connected disability and such evidence that reasonably

 9  identifies the disability as combat related, and a copy of the

10  veteran's honorable discharge. If the property appraiser

11  denies the request for a discount, the appraiser must notify

12  the applicant in writing of the reasons for the denial, and

13  the veteran may reapply. The Legislature may, by general law,

14  waive the annual application requirement in subsequent years.

15  This subsection shall take effect December 7, 2006, is

16  self-executing, and does not require implementing legislation.

17                     CONSTITUTIONAL AMENDMENT

18                      ARTICLE VII, SECTION 6

19         INCREASE IN HOMESTEAD EXEMPTION.--Proposing an

20  amendment to the State Constitution to increase the amount of

21  the homestead exemption from $25,000 to $50,000.

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