1 | Representative(s) Sansom and Lopez-Cantera offered the |
2 | following: |
3 |
|
4 | Substitute Amendment for Amendment (267019) (with ballot |
5 | statement and title amendments) |
6 | Remove lines 22-380, and insert: |
7 | That the following amendments to Sections 3, 4, 6, and 9 of |
8 | Article VII and the creation of Section 19 of Article VII and |
9 | Section 27 of Article XII of the State Constitution are agreed |
10 | to and shall be submitted to the electors of this state for |
11 | approval or rejection at the next general election or at an |
12 | earlier special election specifically authorized by law for that |
13 | purpose: |
14 | ARTICLE VII |
15 | FINANCE AND TAXATION |
16 | SECTION 3. Taxes; exemptions.-- |
17 | (a) All property owned by a municipality and used |
18 | exclusively by it for municipal or public purposes shall be |
19 | exempt from taxation. A municipality, owning property outside |
20 | the municipality, may be required by general law to make payment |
21 | to the taxing unit in which the property is located. Such |
22 | portions of property as are used predominantly for educational, |
23 | literary, scientific, religious or charitable purposes may be |
24 | exempted by general law from taxation. |
25 | (b) There shall be exempt from taxation, cumulatively, to |
26 | every head of a family residing in this state, household goods |
27 | and personal effects to the value fixed by general law, not less |
28 | than one thousand dollars, and to every widow or widower or |
29 | person who is blind or totally and permanently disabled, |
30 | property to the value fixed by general law not less than five |
31 | hundred dollars. |
32 | (c) Any county or municipality may, for the purpose of its |
33 | respective tax levy and subject to the provisions of this |
34 | subsection and general law, grant community and economic |
35 | development ad valorem tax exemptions to new businesses and |
36 | expansions of existing businesses, as defined by general law. |
37 | Such an exemption may be granted only by ordinance of the county |
38 | or municipality, and only after the electors of the county or |
39 | municipality voting on such question in a referendum authorize |
40 | the county or municipality to adopt such ordinances. An |
41 | exemption so granted shall apply to improvements to real |
42 | property made by or for the use of a new business and |
43 | improvements to real property related to the expansion of an |
44 | existing business and shall also apply to tangible personal |
45 | property of such new business and tangible personal property |
46 | related to the expansion of an existing business. The amount or |
47 | limits of the amount of such exemption shall be specified by |
48 | general law. The period of time for which such exemption may be |
49 | granted to a new business or expansion of an existing business |
50 | shall be determined by general law. The authority to grant such |
51 | exemption shall expire ten years from the date of approval by |
52 | the electors of the county or municipality, and may be renewable |
53 | by referendum as provided by general law. |
54 | (d) By general law and subject to conditions specified |
55 | therein, there may be granted an ad valorem tax exemption to a |
56 | renewable energy source device and to real property on which |
57 | such device is installed and operated, to the value fixed by |
58 | general law not to exceed the original cost of the device, and |
59 | for the period of time fixed by general law not to exceed ten |
60 | years. |
61 | (e) Any county or municipality may, for the purpose of its |
62 | respective tax levy and subject to the provisions of this |
63 | subsection and general law, grant historic preservation ad |
64 | valorem tax exemptions to owners of historic properties. This |
65 | exemption may be granted only by ordinance of the county or |
66 | municipality. The amount or limits of the amount of this |
67 | exemption and the requirements for eligible properties must be |
68 | specified by general law. The period of time for which this |
69 | exemption may be granted to a property owner shall be determined |
70 | by general law. |
71 | (f) By general law and subject to conditions specified |
72 | therein, tangible personal property up to a value of twenty-five |
73 | thousand dollars shall be exempt from taxation. |
74 | SECTION 4. Taxation; assessments.-- |
75 | By general law regulations shall be prescribed which shall |
76 | secure a just valuation of all property for ad valorem taxation, |
77 | provided: |
78 | (a) Agricultural land, land producing high water recharge |
79 | to Florida's aquifers, or land used exclusively for |
80 | noncommercial recreational purposes may be classified by general |
81 | law and assessed solely on the basis of character or use. |
82 | (b) Pursuant to general law tangible personal property |
83 | held for sale as stock in trade and livestock may be valued for |
84 | taxation at a specified percentage of its value, may be |
85 | classified for tax purposes, or may be exempted from taxation. |
86 | (c) All persons entitled to a homestead exemption under |
87 | Section 6 of this Article shall have their homestead assessed at |
88 | just value as of January 1 of the year following the effective |
89 | date of this amendment. This assessment shall change only as |
90 | provided herein. |
91 | (1) Assessments subject to this provision shall be changed |
92 | annually on January 1st of each year; but those changes in |
93 | assessments shall not exceed the lower of the following: |
94 | a. Three percent (3%) of the assessment for the prior |
95 | year. |
96 | b. The percent change in the Consumer Price Index for all |
97 | urban consumers, U.S. City Average, all items 1967=100, or |
98 | successor reports for the preceding calendar year as initially |
99 | reported by the United States Department of Labor, Bureau of |
100 | Labor Statistics. |
101 | (2) No assessment shall exceed just value. |
102 | (3) After any change of ownership, as provided by general |
103 | law, homestead property shall be assessed at just value as of |
104 | January 1 of the following year. Thereafter, the homestead shall |
105 | be assessed as provided herein. |
106 | (4) New homestead property shall be assessed at just value |
107 | as of January 1st of the year following the establishment of the |
108 | homestead. That assessment shall only change as provided herein. |
109 | (5) Changes, additions, reductions, or improvements to |
110 | homestead property shall be assessed as provided for by general |
111 | law; provided, however, after the adjustment for any change, |
112 | addition, reduction, or improvement, the property shall be |
113 | assessed as provided herein. |
114 | (6) In the event of a termination of homestead status, the |
115 | property shall be assessed as provided by general law. |
116 | (7) The provisions of this amendment are severable. If any |
117 | of the provisions of this amendment shall be held |
118 | unconstitutional by any court of competent jurisdiction, the |
119 | decision of such court shall not affect or impair any remaining |
120 | provisions of this amendment. |
121 | (d) The legislature may, by general law, for assessment |
122 | purposes and subject to the provisions of this subsection, allow |
123 | counties and municipalities to authorize by ordinance that |
124 | historic property may be assessed solely on the basis of |
125 | character or use. Such character or use assessment shall apply |
126 | only to the jurisdiction adopting the ordinance. The |
127 | requirements for eligible properties must be specified by |
128 | general law. |
129 | (e) A county may, in the manner prescribed by general law, |
130 | provide for a reduction in the assessed value of homestead |
131 | property to the extent of any increase in the assessed value of |
132 | that property which results from the construction or |
133 | reconstruction of the property for the purpose of providing |
134 | living quarters for one or more natural or adoptive grandparents |
135 | or parents of the owner of the property or of the owner's spouse |
136 | if at least one of the grandparents or parents for whom the |
137 | living quarters are provided is 62 years of age or older. Such a |
138 | reduction may not exceed the lesser of the following: |
139 | (1) The increase in assessed value resulting from |
140 | construction or reconstruction of the property. |
141 | (2) Twenty percent of the total assessed value of the |
142 | property as improved. |
143 | (f) Residential rental property may be classified by |
144 | general law and assessed solely on the basis of the market rent |
145 | from the property. |
146 | SECTION 6. Homestead exemptions.-- |
147 | (a) Every person who has the legal or equitable title to |
148 | real estate and maintains thereon the permanent residence of the |
149 | owner, or another legally or naturally dependent upon the owner, |
150 | shall be exempt from taxation thereon, except assessments for |
151 | special benefits, up to the assessed valuation of five thousand |
152 | dollars, upon establishment of right thereto in the manner |
153 | prescribed by law. The real estate may be held by legal or |
154 | equitable title, by the entireties, jointly, in common, as a |
155 | condominium, or indirectly by stock ownership or membership |
156 | representing the owner's or member's proprietary interest in a |
157 | corporation owning a fee or a leasehold initially in excess of |
158 | ninety-eight years. |
159 | (b) Not more than one exemption shall be allowed any |
160 | individual or family unit or with respect to any residential |
161 | unit. No exemption shall exceed the value of the real estate |
162 | assessable to the owner or, in case of ownership through stock |
163 | or membership in a corporation, the value of the proportion |
164 | which the interest in the corporation bears to the assessed |
165 | value of the property. |
166 | (c) By general law and subject to conditions specified |
167 | therein, the exemption shall be increased to a total of twenty- |
168 | five thousand dollars of the assessed value of the real estate |
169 | for each school district levy. By general law and subject to |
170 | conditions specified therein, the exemption for all other levies |
171 | may be increased up to an amount not exceeding ten thousand |
172 | dollars of the assessed value of the real estate if the owner |
173 | has attained age sixty-five or is totally and permanently |
174 | disabled and if the owner is not entitled to the exemption |
175 | provided in subsection (d). |
176 | (d) By general law and subject to conditions specified |
177 | therein, the exemption shall be increased to a total of the |
178 | following amounts of assessed value of real estate for each levy |
179 | other than those of school districts: fifteen thousand dollars |
180 | with respect to 1980 assessments; twenty thousand dollars with |
181 | respect to 1981 assessments; twenty-five thousand dollars with |
182 | respect to assessments for 1982 and each year thereafter. |
183 | However, such increase shall not apply with respect to any |
184 | assessment roll until such roll is first determined to be in |
185 | compliance with the provisions of section 4 by a state agency |
186 | designated by general law. This subsection shall stand repealed |
187 | on the effective date of any amendment to section 4 which |
188 | provides for the assessment of homestead property at a specified |
189 | percentage of its just value. |
190 | (e) By general law and subject to conditions specified |
191 | therein, the Legislature may provide to renters, who are |
192 | permanent residents, ad valorem tax relief on all ad valorem tax |
193 | levies. Such ad valorem tax relief shall be in the form and |
194 | amount established by general law and may be provided in the |
195 | form of tax relief to the owner of the property. |
196 | (f) The legislature may, by general law, allow counties or |
197 | municipalities, for the purpose of their respective tax levies |
198 | and subject to the provisions of general law, to grant an |
199 | additional homestead tax exemption not exceeding fifty thousand |
200 | dollars to any person who has the legal or equitable title to |
201 | real estate and maintains thereon the permanent residence of the |
202 | owner and who has attained age sixty-five and whose household |
203 | income, as defined by general law, does not exceed twenty |
204 | thousand dollars. The general law must allow counties and |
205 | municipalities to grant this additional exemption, within the |
206 | limits prescribed in this subsection, by ordinance adopted in |
207 | the manner prescribed by general law, and must provide for the |
208 | periodic adjustment of the income limitation prescribed in this |
209 | subsection for changes in the cost of living. |
210 | (g) Each veteran who is age 65 or older who is partially |
211 | or totally permanently disabled shall receive a discount from |
212 | the amount of the ad valorem tax otherwise owed on homestead |
213 | property the veteran owns and resides in if the disability was |
214 | combat related, the veteran was a resident of this state at the |
215 | time of entering the military service of the United States, and |
216 | the veteran was honorably discharged upon separation from |
217 | military service. The discount shall be in a percentage equal to |
218 | the percentage of the veteran's permanent, service-connected |
219 | disability as determined by the United States Department of |
220 | Veterans Affairs. To qualify for the discount granted by this |
221 | subsection, an applicant must submit to the county property |
222 | appraiser, by March 1, proof of residency at the time of |
223 | entering military service, an official letter from the United |
224 | States Department of Veterans Affairs stating the percentage of |
225 | the veteran's service-connected disability and such evidence |
226 | that reasonably identifies the disability as combat related, and |
227 | a copy of the veteran's honorable discharge. If the property |
228 | appraiser denies the request for a discount, the appraiser must |
229 | notify the applicant in writing of the reasons for the denial, |
230 | and the veteran may reapply. The Legislature may, by general |
231 | law, waive the annual application requirement in subsequent |
232 | years. This subsection shall take effect December 7, 2006, is |
233 | self-executing, and does not require implementing legislation. |
234 | (h) A county may provide to every person who qualifies for |
235 | an exemption under this section an exemption from all ad valorem |
236 | tax levies imposed by all taxing authorities within the county |
237 | other than school districts and, at the same time, levy a |
238 | discretionary sales surtax of up to one percent on any |
239 | transaction or use currently or hereafter subject to tax |
240 | pursuant to the provisions of chapter 212, Florida Statutes. |
241 | Exemptions from the tax imposed pursuant to chapter 212, Florida |
242 | Statutes, adopted by general law, shall apply to the surtax. The |
243 | sales surtax rate levied may not be expected to produce revenues |
244 | in the first full year it is in effect that exceed the revenues |
245 | expected to be produced from the ad valorem tax being replaced. |
246 | The exemption and the imposition of the surtax shall be by |
247 | ordinance and shall not take effect unless the ordinance is |
248 | approved by a majority of the electors of the county voting in a |
249 | referendum. Upon submission of a petition to the county |
250 | commission signed by at least fifteen percent of the qualified |
251 | electors of the county requesting that a referendum be held on |
252 | an ordinance providing for the exemption and imposition of the |
253 | surtax as provided in this subsection, the county commission |
254 | shall adopt such an ordinance and schedule such referendum |
255 | within 90 days. Proceeds from the surtax shall be distributed to |
256 | the taxing authorities within the county, other than the school |
257 | district, based upon a formula developed by the county. Proceeds |
258 | from the surtax received by a county, municipality, or special |
259 | district shall be used, prior to any other purpose, to the |
260 | extent necessary for payments relating to bonds or any similar |
261 | financial obligations, paid from or secured by ad valorem tax |
262 | revenues, that are outstanding on the effective date of this |
263 | amendment, including any subsequent refunding of such bonds or |
264 | other similar financial obligations. If a referendum has not |
265 | been held pursuant to this subsection before October 31, 2010, a |
266 | referendum shall be held in November of 2010. After an ordinance |
267 | adopted under this subsection has been approved by referendum, |
268 | the exemption granted and surtax imposed shall be permanent and |
269 | may not be repealed or rescinded. |
270 | (i) A school district may provide to every person who |
271 | qualifies for an exemption under this section an exemption from |
272 | all ad valorem tax levies imposed by the school district and, at |
273 | the same time, levy a discretionary sales surtax of up to one- |
274 | half of one percent on any transaction or use currently or |
275 | hereafter subject to tax pursuant to the provisions of chapter |
276 | 212, Florida Statutes. The sales surtax rate levied may not be |
277 | expected to produce revenues in the first full year it is in |
278 | effect that exceed the revenues expected to be produced from the |
279 | ad valorem tax being replaced. Exemptions from the tax imposed |
280 | pursuant to chapter 212, Florida Statutes, adopted by general |
281 | law, shall apply to the surtax. The exemption and the imposition |
282 | of the surtax shall be by resolution adopted by the district |
283 | school board and shall not take effect unless the resolution is |
284 | approved by a majority of the electors of the school district |
285 | voting in a referendum. Upon submission of a petition to the |
286 | district school board signed by at least fifteen percent of the |
287 | qualified electors of the school district requesting that a |
288 | referendum be held on a resolution providing for the exemption |
289 | and imposition of the surtax as provided in this subsection, the |
290 | district school board shall adopt such a resolution and schedule |
291 | such referendum within 90 days. Proceeds from the surtax shall |
292 | be distributed to the school district. Proceeds from the surtax |
293 | received by the school district shall be used, prior to any |
294 | other purpose, to the extent necessary for payments relating to |
295 | bonds or any similar financial obligations, paid from or secured |
296 | by ad valorem tax revenues, that are outstanding on the |
297 | effective date of this amendment, including any subsequent |
298 | refunding of such bonds or other similar financial obligations. |
299 | If a referendum has not been held pursuant to this subsection |
300 | before October 31, 2010, a referendum shall be held in November |
301 | of 2010. After an ordinance adopted under this subsection has |
302 | been approved by referendum, the exemption granted and surtax |
303 | imposed shall be permanent and may not be repealed or rescinded. |
304 | SECTION 9. Local taxes.-- |
305 | (a) Counties, school districts, and municipalities shall, |
306 | and special districts may, be authorized by law to levy ad |
307 | valorem taxes and may be authorized by general law to levy other |
308 | taxes, for their respective purposes, except ad valorem taxes on |
309 | intangible personal property and taxes prohibited by this |
310 | constitution. |
311 | (b) Ad valorem taxes, exclusive of taxes levied for the |
312 | payment of bonds and taxes levied for periods not longer than |
313 | two years when authorized by vote of the electors who are the |
314 | owners of freeholds therein not wholly exempt from taxation, |
315 | shall not be levied in excess of the following millages upon the |
316 | assessed value of real estate and tangible personal property: |
317 | for all county purposes, ten mills; for all municipal purposes, |
318 | ten mills; for all school purposes, ten mills; for water |
319 | management purposes for the northwest portion of the state lying |
320 | west of the line between ranges two and three east, 0.05 mill; |
321 | for water management purposes for the remaining portions of the |
322 | state, 1.0 mill; and for all other special districts a millage |
323 | authorized by law approved by vote of the electors who are |
324 | owners of freeholds therein not wholly exempt from taxation. A |
325 | county furnishing municipal services may, to the extent |
326 | authorized by law, levy additional taxes within the limits fixed |
327 | for municipal purposes. |
328 | (c) Subject to the limitations provided for in subsection |
329 | (b): |
330 | (1)a. Ad valorem taxes may not be levied in excess of a |
331 | millage rate equal to the rolled-back rate adjusted by the |
332 | percentage change in the Consumer Price Index for all urban |
333 | consumers, U.S. City Average, all items 1982-84 = 100, or |
334 | successor reports, for the 12-month period through June prior to |
335 | the beginning of the fiscal year as initially reported by the |
336 | United States Department of Labor, Bureau of Labor Statistics. |
337 | For purposes of this paragraph, the term "rolled-back rate" |
338 | means a millage rate that, exclusive of new construction, |
339 | additions to structures, deletions, increases in the value of |
340 | improvements that have undergone a substantial rehabilitation |
341 | that increased the assessed value of such improvements by at |
342 | least one hundred percent, and property added due to geographic |
343 | boundary changes, will provide the same ad valorem tax revenue |
344 | for each taxing authority as was levied during the immediately |
345 | preceding year. The rolled-back rate applicable for the year |
346 | tangible personal property is first exempt pursuant to Section 3 |
347 | of this Article or homestead property is first exempt pursuant |
348 | to Section (6)(h) or (i) or Section 19 of this Article shall be |
349 | calculated by using the ad valorem tax revenue levied during the |
350 | immediately preceding year reduced by the taxes levied on the |
351 | property being first exempt. |
352 | b. This paragraph does not apply to taxing authorities |
353 | that have levied ad valorem taxes for less than five years and |
354 | to millage rates required by the legislature to be levied by |
355 | school boards as required local effort from ad valorem taxes. |
356 | (2)a. For the fiscal year beginning October 1, 2008, ad |
357 | valorem taxes may not be levied in excess of the maximum millage |
358 | rate that would have resulted from the application of paragraph |
359 | (1) if paragraph (1) had been in effect beginning on January 1, |
360 | 2004, and had been applied each year up to and including the |
361 | fiscal year beginning October 1, 2007. |
362 | b. A taxing authority that begins levying taxes after |
363 | January 1, 1999, may not levy ad valorem taxes in excess of the |
364 | maximum millage rate that would have resulted from the |
365 | application of paragraph (1) if paragraph (1) had been in effect |
366 | in the fifth full fiscal year in which the authority levied ad |
367 | valorem taxes and had been applied up to and including the |
368 | fiscal year beginning October 1, 2007. |
369 | c. This paragraph does not apply to ad valorem taxes |
370 | levied by school districts and independent special districts as |
371 | defined by general law. By general law and subject to conditions |
372 | specified therein, the legislature shall exempt taxes levied by |
373 | hospital and health care districts, children's services |
374 | districts, fiscally constrained counties, municipalities located |
375 | in a county considered a fiscally constrained county pursuant to |
376 | general law, and municipalities located in a rural area of |
377 | critical economic concern established pursuant to general law |
378 | from the provisions of this paragraph. |
379 | (3) Ad valorem taxes may be levied in excess of the |
380 | limitations provided in this subsection upon approval by a |
381 | unanimous vote of the full membership of the governing body |
382 | adopting the millage rate. |
383 | (4) This subsection does not apply to ad valorem taxes |
384 | levied for the payment of bonds issued pursuant to Section 12 of |
385 | this Article or levied for periods not longer than two years |
386 | when authorized by a vote of the electors. |
387 | (d) The aggregate amount of required local effort for all |
388 | school districts collectively to be raised from ad valorem taxes |
389 | each year may not exceed the aggregate amount required in the |
390 | immediately preceding prior year, adjusted by the percentage |
391 | that additions to the ad valorem tax base represent to the |
392 | entire ad valorem tax base and by the percentage change in the |
393 | Consumer Price Index for all urban consumers, U.S. City Average, |
394 | all items 1982-84 = 100, or successor reports, for the 12-month |
395 | period through June prior to the beginning of the fiscal year as |
396 | initially reported by the United States Department of Labor, |
397 | Bureau of Labor Statistics. For purposes of this subsection, the |
398 | term "additions to the ad valorem tax base" means new |
399 | construction, additions to structures, deletions, increases in |
400 | the value of improvements that have undergone a substantial |
401 | rehabilitation that increased the assessed value of such |
402 | improvements by at least one hundred percent, and property added |
403 | due to geographic boundary changes. |
404 | SECTION 19. Increased state sales and use tax.-- |
405 | (a) Beginning July 1, 2008, the tax imposed on any |
406 | transaction or use currently or hereafter subject to tax |
407 | pursuant to the provisions of chapter 212, Florida Statutes, is |
408 | increased by adding one percent to the tax rate imposed by |
409 | chapter 212, Florida Statutes. Exemptions from the tax imposed |
410 | pursuant to chapter 212, Florida Statutes, adopted by general |
411 | law, shall apply to the tax increase provided by this section. |
412 | (b) The proceeds of the tax increase provided by this |
413 | section shall be set aside for distribution to school districts |
414 | and shall replace the imposition of the required local effort |
415 | for all school districts collectively that has historically been |
416 | raised from ad valorem taxes each year from persons who qualify |
417 | for an exemption under Section 6 of this Article. |
418 | (c) Proceeds received by a school district shall be used, |
419 | prior to any other purpose, to the extent necessary for payments |
420 | relating to bonds or any similar financial obligations, paid |
421 | from or secured by ad valorem tax revenues, that are outstanding |
422 | on the effective date of this amendment, including any |
423 | subsequent refunding of such bonds or other similar financial |
424 | obligations. |
425 | ARTICLE XII |
426 | SCHEDULE |
427 | SECTION 27. Property tax relief reform; nonseverability.-- |
428 | (a) The amendments to Sections 3, 4, 6, and 9 of Article |
429 | VII and the creation of Section 19 of Article VII and this |
430 | section of this constitution contained in this revision shall |
431 | take effect January 1, 2008. |
432 | (b) The amendments to Sections 3, 4, 6, and 9 of Article |
433 | VII and the creation of Section 19 of Article VII of this |
434 | constitution contained in this revision are not severable. If |
435 | any portion of this revision is held invalid under any provision |
436 | of this constitution, the effect of such declaration shall be |
437 | that the amendments to Sections 3, 4, 6, and 9 of Article VII |
438 | and |
439 |
|
440 | == B A L L O T S T A T E M E N T A M E N D M E N T == |
441 | Remove lines 387-392, and insert: |
442 | ARTICLE VII, SECTIONS 3, 4, 6, 9, 19 |
443 | ARTICLE XII, SECTION 27 |
444 | PROPERTY TAX EXEMPTIONS; DISCRETIONARY SALES SURTAXES; AD |
445 | VALOREM TAX MILLAGE LIMITATION; INCREASED SALES TAX.--Proposing |
446 | amendment of the State Constitution to provide for a $25,000 |
447 | exemption from ad valorem taxes for tangible personal property; |
448 | to authorize residential rental property to be classified and |
449 | assessed solely on the basis of market rent from the property; |
450 |
|
451 | ======= T I T L E A M E N D M E N T ======= |
452 | Remove lines 2-6 and insert: |
453 | A joint resolution proposing amendments to Sections 3, 4, 6, and |
454 | 9 of Article VII and the creation of Section 19 of Article VII |
455 | and Section 27 of Article XII of the State Constitution to |
456 | provide for an ad valorem tax exemption for tangible personal |
457 | property, authorize residential rental property to be classified |
458 | and assessed on the basis of market rent, clarify that ad |
459 | valorem |