Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. HJR 7089, 1st Eng.
                        Barcode 184190
                            CHAMBER ACTION
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       04/19/2007 10:07 AM         .                    
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11  Senator Haridopolos moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the resolving clause
15  
16  and insert:  
17         That the following amendments to Sections 3, 4, and 6
18  of Article VII and the creation of a new section in Article
19  XII of the State Constitution are agreed to and shall be
20  submitted to the electors of this state for approval or
21  rejection at the next general election or at an earlier
22  special election specifically authorized by law for that
23  purpose:
24                           ARTICLE VII
25                       FINANCE AND TAXATION
26         SECTION 3.  Taxes; exemptions.--
27         (a)  All property owned by a municipality and used
28  exclusively by it for municipal or public purposes shall be
29  exempt from taxation.  A municipality, owning property outside
30  the municipality, may be required by general law to make
31  payment to the taxing unit in which the property is located.
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. HJR 7089, 1st Eng. Barcode 184190 1 Such portions of property as are used predominantly for 2 educational, literary, scientific, religious or charitable 3 purposes may be exempted by general law from taxation. 4 (b) There shall be exempt from taxation, cumulatively, 5 to every head of a family residing in this state, household 6 goods and personal effects to the value fixed by general law, 7 not less than one thousand dollars, and to every widow or 8 widower or person who is blind or totally and permanently 9 disabled, property to the value fixed by general law not less 10 than five hundred dollars. 11 (c) Any county or municipality may, for the purpose of 12 its respective tax levy and subject to the provisions of this 13 subsection and general law, grant community and economic 14 development ad valorem tax exemptions to new businesses and 15 expansions of existing businesses, as defined by general law. 16 Such an exemption may be granted only by ordinance of the 17 county or municipality, and only after the electors of the 18 county or municipality voting on such question in a referendum 19 authorize the county or municipality to adopt such ordinances. 20 An exemption so granted shall apply to improvements to real 21 property made by or for the use of a new business and 22 improvements to real property related to the expansion of an 23 existing business and shall also apply to tangible personal 24 property of such new business and tangible personal property 25 related to the expansion of an existing business. The amount 26 or limits of the amount of such exemption shall be specified 27 by general law. The period of time for which such exemption 28 may be granted to a new business or expansion of an existing 29 business shall be determined by general law. The authority to 30 grant such exemption shall expire ten years from the date of 31 approval by the electors of the county or municipality, and 2 7:48 PM 04/18/07 h708901e1d-26-b01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HJR 7089, 1st Eng. Barcode 184190 1 may be renewable by referendum as provided by general law. 2 (d) By general law and subject to conditions specified 3 therein, there may be granted an ad valorem tax exemption to a 4 renewable energy source device and to real property on which 5 such device is installed and operated, to the value fixed by 6 general law not to exceed the original cost of the device, and 7 for the period of time fixed by general law not to exceed ten 8 years. 9 (e) Any county or municipality may, for the purpose of 10 its respective tax levy and subject to the provisions of this 11 subsection and general law, grant historic preservation ad 12 valorem tax exemptions to owners of historic properties. This 13 exemption may be granted only by ordinance of the county or 14 municipality. The amount or limits of the amount of this 15 exemption and the requirements for eligible properties must be 16 specified by general law. The period of time for which this 17 exemption may be granted to a property owner shall be 18 determined by general law. 19 (f) By general law and subject to conditions specified 20 therein, up to twenty-five thousand dollars of assessed value 21 on each tangible personal property tax return may be exempt 22 from ad valorem taxation. 23 SECTION 4. Taxation; assessments.--By general law 24 regulations shall be prescribed which shall secure a just 25 valuation of all property for ad valorem taxation, provided: 26 (a) Agricultural land, land producing high water 27 recharge to Florida's aquifers, or land used exclusively for 28 noncommercial recreational purposes may be classified by 29 general law and assessed solely on the basis of character or 30 use. 31 (b) Pursuant to general law tangible personal property 3 7:48 PM 04/18/07 h708901e1d-26-b01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HJR 7089, 1st Eng. Barcode 184190 1 held for sale as stock in trade and livestock may be valued 2 for taxation at a specified percentage of its value, may be 3 classified for tax purposes, or may be exempted from taxation. 4 (c) All persons entitled to a homestead exemption 5 under Section 6 of this Article shall have their homestead 6 assessed at just value as of January 1 of the year following 7 the effective date of this amendment. This assessment shall 8 change only as provided herein. 9 (1) Assessments subject to this provision shall be 10 changed annually on January 1st of each year; but those 11 changes in assessments shall not exceed the lower of the 12 following: 13 a. Three percent (3%) of the assessment for the prior 14 year. 15 b. The percent change in the Consumer Price Index for 16 all urban consumers, U.S. City Average, all items 1967=100, or 17 successor reports for the preceding calendar year as initially 18 reported by the United States Department of Labor, Bureau of 19 Labor Statistics. 20 (2) No assessment shall exceed just value. 21 (3) After any change of ownership, as provided by 22 general law, homestead property shall be assessed at just 23 value as of January 1 of the following year, unless the 24 provisions of paragraph (8) apply. Thereafter, the homestead 25 shall be assessed as provided herein. 26 (4) New homestead property shall be assessed at just 27 value as of January 1st of the year following the 28 establishment of the homestead, unless the provisions of 29 paragraph (8) apply. That assessment shall only change as 30 provided herein. 31 (5) Changes, additions, reductions, or improvements to 4 7:48 PM 04/18/07 h708901e1d-26-b01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HJR 7089, 1st Eng. Barcode 184190 1 homestead property shall be assessed as provided for by 2 general law; provided, however, after the adjustment for any 3 change, addition, reduction, or improvement, the property 4 shall be assessed as provided herein. 5 (6) In the event of a termination of homestead status, 6 the property shall be assessed as provided by general law. 7 (7) The provisions of this amendment are severable. If 8 any of the provisions of this amendment shall be held 9 unconstitutional by any court of competent jurisdiction, the 10 decision of such court shall not affect or impair any 11 remaining provisions of this amendment. 12 (8) When a person sells or transfers his or her 13 homestead property within this state or ceases to maintain his 14 or her permanent residence on that property and within two 15 years establishes another property as his or her new 16 homestead, the newly established homestead property shall be 17 initially assessed at less than just value, as provided by 18 general law. The difference between the new homestead 19 property's just value and its assessed value in the first year 20 the homestead is established may not exceed the lesser of five 21 hundred thousand dollars or the difference between the 22 previous homestead's just value and its assessed value in the 23 year it was sold or transferred or ceased to be its owner's 24 permanent residence. In addition, to be assessed as provided 25 in this paragraph, the assessed value of the new homestead 26 must equal or exceed the assessed value of the previous 27 homestead. The assessed value of the homestead shall increase 28 by 10 percent each year until it equals the just value of the 29 homestead in the first year it was established, adjusted each 30 year following establishment of the homestead as provided in 31 paragraph (1) of this subsection. Thereafter, the assessed 5 7:48 PM 04/18/07 h708901e1d-26-b01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HJR 7089, 1st Eng. Barcode 184190 1 value of the homestead shall not be adjusted except as 2 provided in paragraph (1) of this subsection. 3 (d) The legislature may, by general law, for 4 assessment purposes and subject to the provisions of this 5 subsection, allow counties and municipalities to authorize by 6 ordinance that historic property may be assessed solely on the 7 basis of character or use. Such character or use assessment 8 shall apply only to the jurisdiction adopting the ordinance. 9 The requirements for eligible properties must be specified by 10 general law. 11 (e) A county may, in the manner prescribed by general 12 law, provide for a reduction in the assessed value of 13 homestead property to the extent of any increase in the 14 assessed value of that property which results from the 15 construction or reconstruction of the property for the purpose 16 of providing living quarters for one or more natural or 17 adoptive grandparents or parents of the owner of the property 18 or of the owner's spouse if at least one of the grandparents 19 or parents for whom the living quarters are provided is 62 20 years of age or older. Such a reduction may not exceed the 21 lesser of the following: 22 (1) The increase in assessed value resulting from 23 construction or reconstruction of the property. 24 (2) Twenty percent of the total assessed value of the 25 property as improved. 26 SECTION 6. Homestead exemptions.-- 27 (a) Every person who has the legal or equitable title 28 to real estate and maintains thereon the permanent residence 29 of the owner, or another legally or naturally dependent upon 30 the owner, shall be exempt from taxation thereon, except 31 assessments for special benefits, up to the assessed valuation 6 7:48 PM 04/18/07 h708901e1d-26-b01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HJR 7089, 1st Eng. Barcode 184190 1 of twenty-five five thousand dollars, upon establishment of 2 right thereto in the manner prescribed by law. The real 3 estate may be held by legal or equitable title, by the 4 entireties, jointly, in common, as a condominium, or 5 indirectly by stock ownership or membership representing the 6 owner's or member's proprietary interest in a corporation 7 owning a fee or a leasehold initially in excess of 8 ninety-eight years. The exemption shall not apply with respect 9 to any assessment roll until such roll is first determined to 10 be in compliance with the provisions of section 4 by a state 11 agency designated by general law. This exemption shall stand 12 repealed on the effective date of any amendment to section 4 13 which provides for the assessment of homestead property at a 14 specified percentage of its just value. 15 (b) Not more than one exemption shall be allowed any 16 individual or family unit or with respect to any residential 17 unit. No exemption shall exceed the value of the real estate 18 assessable to the owner or, in case of ownership through stock 19 or membership in a corporation, the value of the proportion 20 which the interest in the corporation bears to the assessed 21 value of the property. 22 (c) As provided by general law, each person who is 23 entitled to a homestead exemption as provided in this section 24 and who has never previously owned homestead property in this 25 state or elsewhere is entitled to an additional homestead 26 exemption if the difference between the just value of that 27 homestead and its assessed value as provided under subsection 28 (c) of section 4 is less than twenty-five thousand dollars. 29 The additional homestead exemption shall equal twenty-five 30 thousand dollars less the difference between the just value of 31 that homestead and its assessed value as provided under 7 7:48 PM 04/18/07 h708901e1d-26-b01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HJR 7089, 1st Eng. Barcode 184190 1 subsection (c) of section 4. 2 (c) By general law and subject to conditions specified 3 therein, the exemption shall be increased to a total of 4 twenty-five thousand dollars of the assessed value of the real 5 estate for each school district levy. By general law and 6 subject to conditions specified therein, the exemption for all 7 other levies may be increased up to an amount not exceeding 8 ten thousand dollars of the assessed value of the real estate 9 if the owner has attained age sixty-five or is totally and 10 permanently disabled and if the owner is not entitled to the 11 exemption provided in subsection (d). 12 (d) By general law and subject to conditions specified 13 therein, the exemption shall be increased to a total of the 14 following amounts of assessed value of real estate for each 15 levy other than those of school districts: fifteen thousand 16 dollars with respect to 1980 assessments; twenty thousand 17 dollars with respect to 1981 assessments; twenty-five thousand 18 dollars with respect to assessments for 1982 and each year 19 thereafter. However, such increase shall not apply with 20 respect to any assessment roll until such roll is first 21 determined to be in compliance with the provisions of section 22 4 by a state agency designated by general law. This 23 subsection shall stand repealed on the effective date of any 24 amendment to section 4 which provides for the assessment of 25 homestead property at a specified percentage of its just 26 value. 27 (d)(e) By general law and subject to conditions 28 specified therein, the Legislature may provide to renters, who 29 are permanent residents, ad valorem tax relief on all ad 30 valorem tax levies. Such ad valorem tax relief shall be in the 31 form and amount established by general law. 8 7:48 PM 04/18/07 h708901e1d-26-b01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HJR 7089, 1st Eng. Barcode 184190 1 (e)(f) The legislature may, by general law, allow 2 counties or municipalities, for the purpose of their 3 respective tax levies and subject to the provisions of general 4 law, to grant an additional homestead tax exemption not 5 exceeding fifty thousand dollars to any person who has the 6 legal or equitable title to real estate and maintains thereon 7 the permanent residence of the owner and who has attained age 8 sixty-five and whose household income, as defined by general 9 law, does not exceed twenty thousand dollars. The general law 10 must allow counties and municipalities to grant this 11 additional exemption, within the limits prescribed in this 12 subsection, by ordinance adopted in the manner prescribed by 13 general law, and must provide for the periodic adjustment of 14 the income limitation prescribed in this subsection for 15 changes in the cost of living. 16 (f)(g) Each veteran who is age 65 or older who is 17 partially or totally permanently disabled shall receive a 18 discount from the amount of the ad valorem tax otherwise owed 19 on homestead property the veteran owns and resides in if the 20 disability was combat related, the veteran was a resident of 21 this state at the time of entering the military service of the 22 United States, and the veteran was honorably discharged upon 23 separation from military service. The discount shall be in a 24 percentage equal to the percentage of the veteran's permanent, 25 service-connected disability as determined by the United 26 States Department of Veterans Affairs. To qualify for the 27 discount granted by this subsection, an applicant must submit 28 to the county property appraiser, by March 1, proof of 29 residency at the time of entering military service, an 30 official letter from the United States Department of Veterans 31 Affairs stating the percentage of the veteran's 9 7:48 PM 04/18/07 h708901e1d-26-b01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HJR 7089, 1st Eng. Barcode 184190 1 service-connected disability and such evidence that reasonably 2 identifies the disability as combat related, and a copy of the 3 veteran's honorable discharge. If the property appraiser 4 denies the request for a discount, the appraiser must notify 5 the applicant in writing of the reasons for the denial, and 6 the veteran may reapply. The Legislature may, by general law, 7 waive the annual application requirement in subsequent years. 8 This subsection shall take effect December 7, 2006, is 9 self-executing, and does not require implementing legislation. 10 ARTICLE XII 11 SCHEDULE 12 Tangible personal property tax exemption, limitations 13 on homestead property assessments, and additional homestead 14 exemption.--The amendments to Sections 3, 4, and 6 of Article 15 VII, providing an exemption from ad valorem taxation for 16 tangible personal property, authorizing portability of the 17 limitations on the assessment of homestead property, and 18 providing an additional homestead exemption for first-time 19 homestead property owners, shall take effect January 1, 2009. 20 BE IT FURTHER RESOLVED that the following statement be 21 placed on the ballot: 22 CONSTITUTIONAL AMENDMENTS 23 ARTICLE VII, SECTIONS 3, 4, AND 6 24 ARTICLE XII 25 TAX EXEMPTION FOR TANGIBLE PERSONAL PROPERTY; 26 LIMITATIONS ON HOMESTEAD PROPERTY ASSESSMENTS; AND ADDITIONAL 27 HOMESTEAD EXEMPTION.--Proposing amendments to the State 28 Constitution to authorize, by general law, an exemption from 29 ad valorem taxation of up to $25,000 of assessed value on each 30 tangible personal property tax return and to schedule the 31 amendment to take effect January 1, 2009; to authorize the 10 7:48 PM 04/18/07 h708901e1d-26-b01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HJR 7089, 1st Eng. Barcode 184190 1 assessment of new homestead property at less than just value 2 if the new homestead is established within 2 years after the 3 prior homestead is given up, to provide that the difference 4 between the new property's just value and its assessed value 5 in the first year may not exceed the lesser of $500,000 or the 6 difference between the previous homestead's just value and its 7 assessed value in the year of sale, to provide that the 8 assessed value of the new homestead must equal or exceed the 9 assessed value of the previous homestead, to provide for a 10 10-percent annual increase in the assessment for a limited 11 period, and to schedule the amendment to take effect January 12 1, 2009; and to create an additional homestead exemption for 13 first-time homestead property owners which, if the difference 14 between the just value of the homestead property and its 15 assessed value is less than $25,000, equals $25,000 less the 16 difference between the homestead's just value and its assessed 17 value, and to schedule the amendment to take effect January 1, 18 2009. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 Delete everything before the resolving clause 24 25 and insert: 26 House Joint Resolution 27 A joint resolution proposing amendments to 28 Sections 3, 4, and 6 of Article VII and the 29 creation of a new section in Article XII of the 30 State Constitution, to authorize an exemption 31 from ad valorem taxation for tangible personal 11 7:48 PM 04/18/07 h708901e1d-26-b01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HJR 7089, 1st Eng. Barcode 184190 1 property, to authorize portability of the 2 limitation in the difference between the just 3 value and the assessed value for homestead 4 property, to create an additional homestead 5 exemption for first-time homestead property 6 owners, and to provide an effective date if 7 such amendments are adopted. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 7:48 PM 04/18/07 h708901e1d-26-b01