Amendment
Bill No. 7089
Amendment No. 107155
CHAMBER ACTION
Senate House
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1Representative(s) Gelber offered the following:
2
3     Substitute Amendment for Amendment (105513) (with ballot
4statement and title amendments)
5     Remove lines 22-383 and insert:
6     That the following amendments to Sections 3, 4, and 9 of
7Article VII and the creation of Section 27 of Article XII of the
8State Constitution are agreed to and shall be submitted to the
9electors of this state for approval or rejection at the next
10general election or at an earlier special election specifically
11authorized 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
16exclusively by it for municipal or public purposes shall be
17exempt from taxation. A municipality, owning property outside
18the municipality, may be required by general law to make payment
19to the taxing unit in which the property is located. Such
20portions of property as are used predominantly for educational,
21literary, scientific, religious or charitable purposes may be
22exempted by general law from taxation.
23     (b)  There shall be exempt from taxation, cumulatively, to
24every head of a family residing in this state, household goods
25and personal effects to the value fixed by general law, not less
26than one thousand dollars, and to every widow or widower or
27person who is blind or totally and permanently disabled,
28property to the value fixed by general law not less than five
29hundred dollars.
30     (c)  Any county or municipality may, for the purpose of its
31respective tax levy and subject to the provisions of this
32subsection and general law, grant community and economic
33development ad valorem tax exemptions to new businesses and
34expansions of existing businesses, as defined by general law.
35Such an exemption may be granted only by ordinance of the county
36or municipality, and only after the electors of the county or
37municipality voting on such question in a referendum authorize
38the county or municipality to adopt such ordinances. An
39exemption so granted shall apply to improvements to real
40property made by or for the use of a new business and
41improvements to real property related to the expansion of an
42existing business and shall also apply to tangible personal
43property of such new business and tangible personal property
44related to the expansion of an existing business. The amount or
45limits of the amount of such exemption shall be specified by
46general law. The period of time for which such exemption may be
47granted to a new business or expansion of an existing business
48shall be determined by general law. The authority to grant such
49exemption shall expire ten years from the date of approval by
50the electors of the county or municipality, and may be renewable
51by referendum as provided by general law.
52     (d)  By general law and subject to conditions specified
53therein, there may be granted an ad valorem tax exemption to a
54renewable energy source device and to real property on which
55such device is installed and operated, to the value fixed by
56general law not to exceed the original cost of the device, and
57for the period of time fixed by general law not to exceed ten
58years.
59     (e)  Any county or municipality may, for the purpose of its
60respective tax levy and subject to the provisions of this
61subsection and general law, grant historic preservation ad
62valorem tax exemptions to owners of historic properties. This
63exemption may be granted only by ordinance of the county or
64municipality. The amount or limits of the amount of this
65exemption and the requirements for eligible properties must be
66specified by general law. The period of time for which this
67exemption may be granted to a property owner shall be determined
68by general law.
69     (f)  By general law and subject to conditions specified
70therein, tangible personal property up to a value of twenty-five
71thousand dollars shall be exempt from taxation.
72     SECTION 4.  Taxation; assessments.--By general law
73regulations shall be prescribed which shall secure a just
74valuation of all property for ad valorem taxation, provided:
75     (a)  Agricultural land, land producing high water recharge
76to Florida's aquifers, or land used exclusively for
77noncommercial recreational purposes may be classified by general
78law and assessed solely on the basis of character or use.
79     (b)  Pursuant to general law tangible personal property
80held for sale as stock in trade and livestock may be valued for
81taxation at a specified percentage of its value, may be
82classified for tax purposes, or may be exempted from taxation.
83     (c)  All persons entitled to a homestead exemption under
84Section 6 of this Article shall have their homestead assessed at
85just value as of January 1 of the year following the effective
86date of this amendment. This assessment shall change only as
87provided herein.
88     (1)  Assessments subject to this provision shall be changed
89annually on January 1st of each year; but those changes in
90assessments shall not exceed the lower of the following, but the
91total benefit provided by this paragraph shall not exceed four
92times the median just value of all homestead properties located
93in the county the property is located as such just value existed
94on January 1, 2007. A person may apply to a replacement
95homestead property one half the benefit granted by this
96paragraph not to exceed three hundred thousand dollars, provided
97the replacement property's just value is greater than the prior
98property's just value and one half the benefit not to exceed
99three hundred thousand dollars or one half the value of the
100replacement property, whichever is less, when the replacement
101property's just value is less than the prior property's just
102value:
103     a.  Three percent (3%) of the assessment for the prior
104year.
105     b.  The percent change in the Consumer Price Index for all
106urban consumers, U.S. City Average, all items 1967=100, or
107successor reports for the preceding calendar year as initially
108reported by the United States Department of Labor, Bureau of
109Labor Statistics.
110     (2)  No assessment shall exceed just value.
111     (3)  After any change of ownership, as provided by general
112law, homestead property shall be assessed at just value as of
113January 1 of the following year. Thereafter, the homestead shall
114be assessed as provided herein.
115     (4)  New homestead property shall be assessed at just value
116as of January 1st of the year following the establishment of the
117homestead. That assessment shall only change as provided herein.
118     (5)  Changes, additions, reductions, or improvements to
119homestead property shall be assessed as provided for by general
120law; provided, however, after the adjustment for any change,
121addition, reduction, or improvement, the property shall be
122assessed as provided herein.
123     (6)  In the event of a termination of homestead status, the
124property shall be assessed as provided by general law.
125     (7)  The provisions of this amendment are severable. If any
126of the provisions of this amendment shall be held
127unconstitutional by any court of competent jurisdiction, the
128decision of such court shall not affect or impair any remaining
129provisions of this amendment.
130     (d)  The legislature may, by general law, for assessment
131purposes and subject to the provisions of this subsection, allow
132counties and municipalities to authorize by ordinance that
133historic property may be assessed solely on the basis of
134character or use. Such character or use assessment shall apply
135only to the jurisdiction adopting the ordinance. The
136requirements for eligible properties must be specified by
137general law.
138     (e)  A county may, in the manner prescribed by general law,
139provide for a reduction in the assessed value of homestead
140property to the extent of any increase in the assessed value of
141that property which results from the construction or
142reconstruction of the property for the purpose of providing
143living quarters for one or more natural or adoptive grandparents
144or parents of the owner of the property or of the owner's spouse
145if at least one of the grandparents or parents for whom the
146living quarters are provided is 62 years of age or older. Such a
147reduction may not exceed the lesser of the following:
148     (1)  The increase in assessed value resulting from
149construction or reconstruction of the property.
150     (2)  Twenty percent of the total assessed value of the
151property as improved.
152     SECTION 9.  Local taxes.--
153     (a)  Counties, school districts, and municipalities shall,
154and special districts may, be authorized by law to levy ad
155valorem taxes and may be authorized by general law to levy other
156taxes, for their respective purposes, except ad valorem taxes on
157intangible personal property and taxes prohibited by this
158constitution.
159     (b)  Ad valorem taxes, exclusive of taxes levied for the
160payment of bonds and taxes levied for periods not longer than
161two years when authorized by vote of the electors who are the
162owners of freeholds therein not wholly exempt from taxation,
163shall not be levied in excess of the following millages upon the
164assessed value of real estate and tangible personal property:
165for all county purposes, ten mills; for all municipal purposes,
166ten mills; for all school purposes, ten mills; for water
167management purposes for the northwest portion of the state lying
168west of the line between ranges two and three east, 0.05 mill;
169for water management purposes for the remaining portions of the
170state, 1.0 mill; and for all other special districts a millage
171authorized by law approved by vote of the electors who are
172owners of freeholds therein not wholly exempt from taxation. A
173county furnishing municipal services may, to the extent
174authorized by law, levy additional taxes within the limits fixed
175for 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
179millage rate equal to the rolled-back rate adjusted by the
180percentage change in the Consumer Price Index for all urban
181consumers, U.S. City Average, all items 1982-84 = 100, or
182successor reports, for the 12-month period through June prior to
183the beginning of the fiscal year as initially reported by the
184United States Department of Labor, Bureau of Labor Statistics.
185For purposes of this paragraph, the term "rolled-back rate"
186means a millage rate that, exclusive of new construction,
187additions to structures, deletions, increases in the value of
188improvements that have undergone a substantial rehabilitation
189that increased the assessed value of such improvements by at
190least one hundred percent, and property added due to geographic
191boundary changes, will provide the same ad valorem tax revenue
192for each taxing authority as was levied during the immediately
193preceding year. The rolled-back rate applicable for the year
194tangible personal property is first exempt pursuant to Section 3
195of this Article or homestead property is first exempt pursuant
196to Section (6)(h) or (i) shall be calculated by using the ad
197valorem tax revenue levied during the immediately preceding year
198reduced by the taxes levied on the property being first exempt.
199     b.  This paragraph does not apply to taxing authorities
200that have levied ad valorem taxes for less than five years and
201to millage rates required by the legislature to be levied by
202school boards as required local effort from ad valorem taxes.
203     (2)a.  For the fiscal year beginning October 1, 2008, ad
204valorem taxes may not be levied in excess of the maximum millage
205rate that would have resulted from the application of paragraph
206(1) if paragraph (1) had been in effect beginning on January 1,
2072004, and had been applied each year up to and including the
208fiscal year beginning October 1, 2007.
209     b.  A taxing authority that begins levying taxes after
210January 1, 1999, may not levy ad valorem taxes in excess of the
211maximum millage rate that would have resulted from the
212application of paragraph (1) if paragraph (1) had been in effect
213in the fifth full fiscal year in which the authority levied ad
214valorem taxes and had been applied up to and including the
215fiscal year beginning October 1, 2007.
216     c.  This paragraph does not apply to ad valorem taxes
217levied by school districts and independent special districts as
218defined by general law. By general law and subject to conditions
219specified therein, the legislature shall exempt taxes levied by
220hospital and health care districts, children's services
221districts, fiscally constrained counties, municipalities located
222in a county considered a fiscally constrained county pursuant to
223general law, and municipalities located in a rural area of
224critical economic concern established pursuant to general law
225from the provisions of this paragraph.
226     (3)  Ad valorem taxes may be levied in excess of the
227limitations provided in this subsection upon approval by a
228unanimous vote of the full membership of the governing body
229adopting the millage rate.
230     (4)  This subsection does not apply to ad valorem taxes
231levied for the payment of bonds issued pursuant to Section 12 of
232this Article or levied for periods not longer than two years
233when authorized by a vote of the electors.
234     (d)  The aggregate amount of required local effort for all
235school districts collectively to be raised from ad valorem taxes
236each year may not exceed the aggregate amount required in the
237immediately preceding prior year, adjusted by the percentage
238that additions to the ad valorem tax base represent to the
239entire ad valorem tax base and by the percentage change in the
240Consumer Price Index for all urban consumers, U.S. City Average,
241all items 1982-84 = 100, or successor reports, for the 12-month
242period through June prior to the beginning of the fiscal year as
243initially reported by the United States Department of Labor,
244Bureau of Labor Statistics. For purposes of this subsection, the
245term "additions to the ad valorem tax base" means new
246construction, additions to structures, deletions, increases in
247the value of improvements that have undergone a substantial
248rehabilitation that increased the assessed value of such
249improvements by at least one hundred percent, and property added
250due 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
255and the creation of this section of this constitution contained
256in this revision shall take effect January 1, 2008.
257     (b)  The amendments to Sections 3, 4, and 9 of Article VII
258of this constitution contained in this revision are not
259severable. If any portion of this revision is held invalid under
260any provision of this constitution, the effect of such
261declaration shall be that the amendments to Sections 3, 4, and 9
262of Article VII of this constitution contained in this revision
263shall be null, void, and without effect.
264
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
270LIMITATION.--Proposing amendment of the State Constitution to
271provide for a $25,000 exemption from ad valorem taxes for
272tangible personal property; to limit the benefit of the Save Our
273Homes cap to four times the median just value of all homestead
274properties located in a county and to provide for portability of
275the homestead exemption to replacement  homestead property,
276subject to specified limitations; to provide a methodology for
277limiting increases in ad valorem taxes, including an override by
278a unanimous vote of the governing body levying the millage; to
279limit the aggregate amount of required local effort for all
280school districts collectively; to require that provisions of the
281revision are not severable such that if any are held invalid,
282all will be invalid; and to provide an effective date of January
2831, 2008.
284
285
286======= T I T L E  A M E N D M E N T =======
287     Remove lines 2-18 and insert:
288A joint resolution proposing amendments to Sections 3, 4,
289and 9 of Article VII and the creation of Section 27 of
290Article XII of the State Constitution to provide for an ad
291valorem tax exemption for tangible personal property,
292limit the benefit of the Save Our Homes cap and provide
293for portability of the homestead exemption, provide a
294methodology for limiting increases in ad valorem taxes,
295and provide applicability, nonseverability, and an
296effective date.


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