1 | Representative(s) Gelber offered the following: |
2 |
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3 | Substitute Amendment for Amendment (105513) (with ballot |
4 | statement and title amendments) |
5 | Remove lines 22-383 and insert: |
6 | That the following amendments to Sections 3, 4, and 9 of |
7 | Article VII and the creation of Section 27 of Article XII of the |
8 | State Constitution are agreed to and shall be submitted to the |
9 | electors of this state for approval or rejection at the next |
10 | general election or at an earlier special election specifically |
11 | authorized by law for that purpose: |
12 | ARTICLE VII |
13 | FINANCE AND TAXATION |
14 | SECTION 3. Taxes; exemptions.-- |
15 | (a) All property owned by a municipality and used |
16 | exclusively by it for municipal or public purposes shall be |
17 | exempt from taxation. A municipality, owning property outside |
18 | the municipality, may be required by general law to make payment |
19 | to the taxing unit in which the property is located. Such |
20 | portions of property as are used predominantly for educational, |
21 | literary, scientific, religious or charitable purposes may be |
22 | exempted by general law from taxation. |
23 | (b) There shall be exempt from taxation, cumulatively, to |
24 | every head of a family residing in this state, household goods |
25 | and personal effects to the value fixed by general law, not less |
26 | than one thousand dollars, and to every widow or widower or |
27 | person who is blind or totally and permanently disabled, |
28 | property to the value fixed by general law not less than five |
29 | hundred dollars. |
30 | (c) Any county or municipality may, for the purpose of its |
31 | respective tax levy and subject to the provisions of this |
32 | subsection and general law, grant community and economic |
33 | development ad valorem tax exemptions to new businesses and |
34 | expansions of existing businesses, as defined by general law. |
35 | Such an exemption may be granted only by ordinance of the county |
36 | or municipality, and only after the electors of the county or |
37 | municipality voting on such question in a referendum authorize |
38 | the county or municipality to adopt such ordinances. An |
39 | exemption so granted shall apply to improvements to real |
40 | property made by or for the use of a new business and |
41 | improvements to real property related to the expansion of an |
42 | existing business and shall also apply to tangible personal |
43 | property of such new business and tangible personal property |
44 | related to the expansion of an existing business. The amount or |
45 | limits of the amount of such exemption shall be specified by |
46 | general law. The period of time for which such exemption may be |
47 | granted to a new business or expansion of an existing business |
48 | shall be determined by general law. The authority to grant such |
49 | exemption shall expire ten years from the date of approval by |
50 | the electors of the county or municipality, and may be renewable |
51 | by referendum as provided by general law. |
52 | (d) By general law and subject to conditions specified |
53 | therein, there may be granted an ad valorem tax exemption to a |
54 | renewable energy source device and to real property on which |
55 | such device is installed and operated, to the value fixed by |
56 | general law not to exceed the original cost of the device, and |
57 | for the period of time fixed by general law not to exceed ten |
58 | years. |
59 | (e) Any county or municipality may, for the purpose of its |
60 | respective tax levy and subject to the provisions of this |
61 | subsection and general law, grant historic preservation ad |
62 | valorem tax exemptions to owners of historic properties. This |
63 | exemption may be granted only by ordinance of the county or |
64 | municipality. The amount or limits of the amount of this |
65 | exemption and the requirements for eligible properties must be |
66 | specified by general law. The period of time for which this |
67 | exemption may be granted to a property owner shall be determined |
68 | by general law. |
69 | (f) By general law and subject to conditions specified |
70 | therein, tangible personal property up to a value of twenty-five |
71 | thousand dollars shall be exempt from taxation. |
72 | SECTION 4. Taxation; assessments.--By general law |
73 | regulations shall be prescribed which shall secure a just |
74 | valuation of all property for ad valorem taxation, provided: |
75 | (a) Agricultural land, land producing high water recharge |
76 | to Florida's aquifers, or land used exclusively for |
77 | noncommercial recreational purposes may be classified by general |
78 | law and assessed solely on the basis of character or use. |
79 | (b) Pursuant to general law tangible personal property |
80 | held for sale as stock in trade and livestock may be valued for |
81 | taxation at a specified percentage of its value, may be |
82 | classified for tax purposes, or may be exempted from taxation. |
83 | (c) All persons entitled to a homestead exemption under |
84 | Section 6 of this Article shall have their homestead assessed at |
85 | just value as of January 1 of the year following the effective |
86 | date of this amendment. This assessment shall change only as |
87 | provided herein. |
88 | (1) Assessments subject to this provision shall be changed |
89 | annually on January 1st of each year; but those changes in |
90 | assessments shall not exceed the lower of the following, but the |
91 | total benefit provided by this paragraph shall not exceed four |
92 | times the median just value of all homestead properties located |
93 | in the county the property is located as such just value existed |
94 | on January 1, 2007. A person may apply to a replacement |
95 | homestead property one half the benefit granted by this |
96 | paragraph not to exceed three hundred thousand dollars, provided |
97 | the replacement property's just value is greater than the prior |
98 | property's just value and one half the benefit not to exceed |
99 | three hundred thousand dollars or one half the value of the |
100 | replacement property, whichever is less, when the replacement |
101 | property's just value is less than the prior property's just |
102 | value: |
103 | a. Three percent (3%) of the assessment for the prior |
104 | year. |
105 | b. The percent change in the Consumer Price Index for all |
106 | urban consumers, U.S. City Average, all items 1967=100, or |
107 | successor reports for the preceding calendar year as initially |
108 | reported by the United States Department of Labor, Bureau of |
109 | Labor Statistics. |
110 | (2) No assessment shall exceed just value. |
111 | (3) After any change of ownership, as provided by general |
112 | law, homestead property shall be assessed at just value as of |
113 | January 1 of the following year. Thereafter, the homestead shall |
114 | be assessed as provided herein. |
115 | (4) New homestead property shall be assessed at just value |
116 | as of January 1st of the year following the establishment of the |
117 | homestead. That assessment shall only change as provided herein. |
118 | (5) Changes, additions, reductions, or improvements to |
119 | homestead property shall be assessed as provided for by general |
120 | law; provided, however, after the adjustment for any change, |
121 | addition, reduction, or improvement, the property shall be |
122 | assessed as provided herein. |
123 | (6) In the event of a termination of homestead status, the |
124 | property shall be assessed as provided by general law. |
125 | (7) The provisions of this amendment are severable. If any |
126 | of the provisions of this amendment shall be held |
127 | unconstitutional by any court of competent jurisdiction, the |
128 | decision of such court shall not affect or impair any remaining |
129 | provisions of this amendment. |
130 | (d) The legislature may, by general law, for assessment |
131 | purposes and subject to the provisions of this subsection, allow |
132 | counties and municipalities to authorize by ordinance that |
133 | historic property may be assessed solely on the basis of |
134 | character or use. Such character or use assessment shall apply |
135 | only to the jurisdiction adopting the ordinance. The |
136 | requirements for eligible properties must be specified by |
137 | general law. |
138 | (e) A county may, in the manner prescribed by general law, |
139 | provide for a reduction in the assessed value of homestead |
140 | property to the extent of any increase in the assessed value of |
141 | that property which results from the construction or |
142 | reconstruction of the property for the purpose of providing |
143 | living quarters for one or more natural or adoptive grandparents |
144 | or parents of the owner of the property or of the owner's spouse |
145 | if at least one of the grandparents or parents for whom the |
146 | living quarters are provided is 62 years of age or older. Such a |
147 | reduction may not exceed the lesser of the following: |
148 | (1) The increase in assessed value resulting from |
149 | construction or reconstruction of the property. |
150 | (2) Twenty percent of the total assessed value of the |
151 | property as improved. |
152 | SECTION 9. Local taxes.-- |
153 | (a) Counties, school districts, and municipalities shall, |
154 | and special districts may, be authorized by law to levy ad |
155 | valorem taxes and may be authorized by general law to levy other |
156 | taxes, for their respective purposes, except ad valorem taxes on |
157 | intangible personal property and taxes prohibited by this |
158 | constitution. |
159 | (b) Ad valorem taxes, exclusive of taxes levied for the |
160 | payment of bonds and taxes levied for periods not longer than |
161 | two years when authorized by vote of the electors who are the |
162 | owners of freeholds therein not wholly exempt from taxation, |
163 | shall not be levied in excess of the following millages upon the |
164 | assessed value of real estate and tangible personal property: |
165 | for all county purposes, ten mills; for all municipal purposes, |
166 | ten mills; for all school purposes, ten mills; for water |
167 | management purposes for the northwest portion of the state lying |
168 | west of the line between ranges two and three east, 0.05 mill; |
169 | for water management purposes for the remaining portions of the |
170 | state, 1.0 mill; and for all other special districts a millage |
171 | authorized by law approved by vote of the electors who are |
172 | owners of freeholds therein not wholly exempt from taxation. A |
173 | county furnishing municipal services may, to the extent |
174 | authorized by law, levy additional taxes within the limits fixed |
175 | for municipal purposes. |
176 | (c) Subject to the limitations provided for in subsection |
177 | (b): |
178 | (1)a. Ad valorem taxes may not be levied in excess of a |
179 | millage rate equal to the rolled-back rate adjusted by the |
180 | percentage change in the Consumer Price Index for all urban |
181 | consumers, U.S. City Average, all items 1982-84 = 100, or |
182 | successor reports, for the 12-month period through June prior to |
183 | the beginning of the fiscal year as initially reported by the |
184 | United States Department of Labor, Bureau of Labor Statistics. |
185 | For purposes of this paragraph, the term "rolled-back rate" |
186 | means a millage rate that, exclusive of new construction, |
187 | additions to structures, deletions, increases in the value of |
188 | improvements that have undergone a substantial rehabilitation |
189 | that increased the assessed value of such improvements by at |
190 | least one hundred percent, and property added due to geographic |
191 | boundary changes, will provide the same ad valorem tax revenue |
192 | for each taxing authority as was levied during the immediately |
193 | preceding year. The rolled-back rate applicable for the year |
194 | tangible personal property is first exempt pursuant to Section 3 |
195 | of this Article or homestead property is first exempt pursuant |
196 | to Section (6)(h) or (i) shall be calculated by using the ad |
197 | valorem tax revenue levied during the immediately preceding year |
198 | reduced by the taxes levied on the property being first exempt. |
199 | b. This paragraph does not apply to taxing authorities |
200 | that have levied ad valorem taxes for less than five years and |
201 | to millage rates required by the legislature to be levied by |
202 | school boards as required local effort from ad valorem taxes. |
203 | (2)a. For the fiscal year beginning October 1, 2008, ad |
204 | valorem taxes may not be levied in excess of the maximum millage |
205 | rate that would have resulted from the application of paragraph |
206 | (1) if paragraph (1) had been in effect beginning on January 1, |
207 | 2004, and had been applied each year up to and including the |
208 | fiscal year beginning October 1, 2007. |
209 | b. A taxing authority that begins levying taxes after |
210 | January 1, 1999, may not levy ad valorem taxes in excess of the |
211 | maximum millage rate that would have resulted from the |
212 | application of paragraph (1) if paragraph (1) had been in effect |
213 | in the fifth full fiscal year in which the authority levied ad |
214 | valorem taxes and had been applied up to and including the |
215 | fiscal year beginning October 1, 2007. |
216 | c. This paragraph does not apply to ad valorem taxes |
217 | levied by school districts and independent special districts as |
218 | defined by general law. By general law and subject to conditions |
219 | specified therein, the legislature shall exempt taxes levied by |
220 | hospital and health care districts, children's services |
221 | districts, fiscally constrained counties, municipalities located |
222 | in a county considered a fiscally constrained county pursuant to |
223 | general law, and municipalities located in a rural area of |
224 | critical economic concern established pursuant to general law |
225 | from the provisions of this paragraph. |
226 | (3) Ad valorem taxes may be levied in excess of the |
227 | limitations provided in this subsection upon approval by a |
228 | unanimous vote of the full membership of the governing body |
229 | adopting the millage rate. |
230 | (4) This subsection does not apply to ad valorem taxes |
231 | levied for the payment of bonds issued pursuant to Section 12 of |
232 | this Article or levied for periods not longer than two years |
233 | when authorized by a vote of the electors. |
234 | (d) The aggregate amount of required local effort for all |
235 | school districts collectively to be raised from ad valorem taxes |
236 | each year may not exceed the aggregate amount required in the |
237 | immediately preceding prior year, adjusted by the percentage |
238 | that additions to the ad valorem tax base represent to the |
239 | entire ad valorem tax base and by the percentage change in the |
240 | Consumer Price Index for all urban consumers, U.S. City Average, |
241 | all items 1982-84 = 100, or successor reports, for the 12-month |
242 | period through June prior to the beginning of the fiscal year as |
243 | initially reported by the United States Department of Labor, |
244 | Bureau of Labor Statistics. For purposes of this subsection, the |
245 | term "additions to the ad valorem tax base" means new |
246 | construction, additions to structures, deletions, increases in |
247 | the value of improvements that have undergone a substantial |
248 | rehabilitation that increased the assessed value of such |
249 | improvements by at least one hundred percent, and property added |
250 | due to geographic boundary changes. |
251 | ARTICLE XII |
252 | SCHEDULE |
253 | SECTION 27. Property tax relief reform; nonseverability.-- |
254 | (a) The amendments to Sections 3, 4, and 9 of Article VII |
255 | and the creation of this section of this constitution contained |
256 | in this revision shall take effect January 1, 2008. |
257 | (b) The amendments to Sections 3, 4, and 9 of Article VII |
258 | of this constitution contained in this revision are not |
259 | severable. If any portion of this revision is held invalid under |
260 | any provision of this constitution, the effect of such |
261 | declaration shall be that the amendments to Sections 3, 4, and 9 |
262 | of Article VII of this constitution contained in this revision |
263 | shall be null, void, and without effect. |
264 |
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265 | == B A L L O T S T A T E M E N T A M E N D M E N T == |
266 | Remove lines 387-416 and insert: |
267 | ARTICLE VII, SECTIONS 3, 4, 9 |
268 | ARTICLE XII, SECTION 27 |
269 | PROPERTY TAX EXEMPTIONS; AD VALOREM TAX MILLAGE |
270 | LIMITATION.--Proposing amendment of the State Constitution to |
271 | provide for a $25,000 exemption from ad valorem taxes for |
272 | tangible personal property; to limit the benefit of the Save Our |
273 | Homes cap to four times the median just value of all homestead |
274 | properties located in a county and to provide for portability of |
275 | the homestead exemption to replacement homestead property, |
276 | subject to specified limitations; to provide a methodology for |
277 | limiting increases in ad valorem taxes, including an override by |
278 | a unanimous vote of the governing body levying the millage; to |
279 | limit the aggregate amount of required local effort for all |
280 | school districts collectively; to require that provisions of the |
281 | revision are not severable such that if any are held invalid, |
282 | all will be invalid; and to provide an effective date of January |
283 | 1, 2008. |
284 |
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285 |
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286 | ======= T I T L E A M E N D M E N T ======= |
287 | Remove lines 2-18 and insert: |
288 | A joint resolution proposing amendments to Sections 3, 4, |
289 | and 9 of Article VII and the creation of Section 27 of |
290 | Article XII of the State Constitution to provide for an ad |
291 | valorem tax exemption for tangible personal property, |
292 | limit the benefit of the Save Our Homes cap and provide |
293 | for portability of the homestead exemption, provide a |
294 | methodology for limiting increases in ad valorem taxes, |
295 | and provide applicability, nonseverability, and an |
296 | effective date. |