| 1 | House Joint Resolution |
| 2 | A joint resolution proposing amendments to Sections 1 and |
| 3 | 8 of Article VII, Section 1 of Article VIII, and Section 4 |
| 4 | of Article IX, the repeal of Sections 2, 3, 4, 6, 9, and |
| 5 | 12 of Article VII and Sections 2, 15, 19, 22, and 26 of |
| 6 | Article XII, and the creation of Section 19 of Article |
| 7 | VII, Section 28 of Article X, and Section 27 of Article |
| 8 | XII of the State Constitution to delete provisions |
| 9 | relating to ad valorem taxation of real estate and |
| 10 | tangible and intangible personal property, provide for |
| 11 | revising the state sales and use tax rate to generate |
| 12 | revenues equal to total sales and use tax and ad valorem |
| 13 | tax revenues, provide for temporary emergency local option |
| 14 | sales tax increases, and direct revenues to the state, |
| 15 | counties, municipalities, and school districts, protect |
| 16 | existing indebtedness secured by revenues from ad valorem |
| 17 | taxes on real estate and tangible personal property, and |
| 18 | provide an effective date. |
| 19 |
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| 20 | Be It Resolved by the Legislature of the State of Florida: |
| 21 |
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| 22 | That the following amendments to Sections 1 and 8 of |
| 23 | Article VII, Section 1 of Article VIII, and Section 4 of Article |
| 24 | IX, the repeal of Sections 2, 3, 4, 6, 9, and 12 of Article VII |
| 25 | and Sections 2, 15, 19, 22, and 26 of Article XII, and the |
| 26 | creation of Section 19 of Article VII, Section 28 of Article X, |
| 27 | and Section 27 of Article XII of the State Constitution are |
| 28 | agreed to and shall be submitted to the electors of this state |
| 29 | for approval or rejection at the next general election or at an |
| 30 | earlier special election specifically authorized by law for that |
| 31 | purpose: |
| 32 | ARTICLE VII |
| 33 | FINANCE AND TAXATION |
| 34 | SECTION 1. Taxation; appropriations; state expenses; state |
| 35 | revenue limitation.-- |
| 36 | (a) No tax shall be levied except in pursuance of law. No |
| 37 | state ad valorem taxes shall be levied upon real estate or |
| 38 | tangible personal property. All other forms of taxation shall be |
| 39 | preempted to the state except as provided by general law. |
| 40 | (b) Motor vehicles, boats, airplanes, trailers, trailer |
| 41 | coaches and mobile homes, as defined by law, shall be subject to |
| 42 | a license tax for their operation in the amounts and for the |
| 43 | purposes prescribed by law, but shall not be subject to ad |
| 44 | valorem taxes. |
| 45 | (c) No money shall be drawn from the treasury except in |
| 46 | pursuance of appropriation made by law. |
| 47 | (d) Provision shall be made by law for raising sufficient |
| 48 | revenue to defray the expenses of the state for each fiscal |
| 49 | period. |
| 50 | (e) Except as provided herein, state revenues collected |
| 51 | for any fiscal year shall be limited to state revenues allowed |
| 52 | under this subsection for the prior fiscal year plus an |
| 53 | adjustment for growth. As used in this subsection, "growth" |
| 54 | means an amount equal to the average annual rate of growth in |
| 55 | Florida personal income over the most recent twenty quarters |
| 56 | times the state revenues allowed under this subsection for the |
| 57 | prior fiscal year. For the 1995-1996 fiscal year, the state |
| 58 | revenues allowed under this subsection for the prior fiscal year |
| 59 | shall equal the state revenues collected for the 1994-1995 |
| 60 | fiscal year. Florida personal income shall be determined by the |
| 61 | legislature, from information available from the United States |
| 62 | Department of Commerce or its successor on the first day of |
| 63 | February prior to the beginning of the fiscal year. State |
| 64 | revenues collected for any fiscal year in excess of this |
| 65 | limitation shall be transferred to the budget stabilization fund |
| 66 | until the fund reaches the maximum balance specified in Section |
| 67 | 19(g) of Article III, and thereafter shall be refunded to |
| 68 | taxpayers as provided by general law. State revenues allowed |
| 69 | under this subsection for any fiscal year may be increased by a |
| 70 | two-thirds vote of the membership of each house of the |
| 71 | legislature in a separate bill that contains no other subject |
| 72 | and that sets forth the dollar amount by which the state |
| 73 | revenues allowed will be increased. The vote may not be taken |
| 74 | less than seventy-two hours after the third reading of the bill. |
| 75 | For purposes of this subsection, "state revenues" means taxes, |
| 76 | fees, licenses, and charges for services imposed by the |
| 77 | legislature on individuals, businesses, or agencies outside |
| 78 | state government. However, "state revenues" does not include: |
| 79 | revenues that are necessary to meet the requirements set forth |
| 80 | in documents authorizing the issuance of bonds by the state; |
| 81 | revenues that are used to provide matching funds for the federal |
| 82 | Medicaid program with the exception of the revenues used to |
| 83 | support the Public Medical Assistance Trust Fund or its |
| 84 | successor program and with the exception of state matching funds |
| 85 | used to fund elective expansions made after July 1, 1994; |
| 86 | proceeds from the state lottery returned as prizes; receipts of |
| 87 | the Florida Hurricane Catastrophe Fund; balances carried forward |
| 88 | from prior fiscal years; taxes, licenses, fees, and charges for |
| 89 | services imposed by local, regional, or school district |
| 90 | governing bodies; or revenue from taxes, licenses, fees, and |
| 91 | charges for services required to be imposed by any amendment or |
| 92 | revision to this constitution after July 1, 1994. An adjustment |
| 93 | to the revenue limitation shall be made by general law to |
| 94 | reflect the fiscal impact of transfers of responsibility for the |
| 95 | funding of governmental functions between the state and other |
| 96 | levels of government. The legislature shall, by general law, |
| 97 | prescribe procedures necessary to administer this subsection. |
| 98 | SECTION 2. Taxes; rate.--All Ad valorem taxation shall be |
| 99 | at a uniform rate within each taxing unit, except the taxes on |
| 100 | intangible personal property may be at different rates but shall |
| 101 | never exceed two mills on the dollar of assessed value; |
| 102 | provided, as to any obligations secured by mortgage, deed of |
| 103 | trust, or other lien on real estate wherever located, an |
| 104 | intangible tax of not more than two mills on the dollar may be |
| 105 | levied by law to be in lieu of all other intangible assessments |
| 106 | on such obligations. |
| 107 | SECTION 3. Taxes; exemptions.-- |
| 108 | (a) All property owned by a municipality and used |
| 109 | exclusively by it for municipal or public purposes shall be |
| 110 | exempt from taxation. A municipality, owning property outside |
| 111 | the municipality, may be required by general law to make payment |
| 112 | to the taxing unit in which the property is located. Such |
| 113 | portions of property as are used predominantly for educational, |
| 114 | literary, scientific, religious or charitable purposes may be |
| 115 | exempted by general law from taxation. |
| 116 | (b) There shall be exempt from taxation, cumulatively, to |
| 117 | every head of a family residing in this state, household goods |
| 118 | and personal effects to the value fixed by general law, not less |
| 119 | than one thousand dollars, and to every widow or widower or |
| 120 | person who is blind or totally and permanently disabled, |
| 121 | property to the value fixed by general law not less than five |
| 122 | hundred dollars. |
| 123 | (c) Any county or municipality may, for the purpose of its |
| 124 | respective tax levy and subject to the provisions of this |
| 125 | subsection and general law, grant community and economic |
| 126 | development ad valorem tax exemptions to new businesses and |
| 127 | expansions of existing businesses, as defined by general law. |
| 128 | Such an exemption may be granted only by ordinance of the county |
| 129 | or municipality, and only after the electors of the county or |
| 130 | municipality voting on such question in a referendum authorize |
| 131 | the county or municipality to adopt such ordinances. An |
| 132 | exemption so granted shall apply to improvements to real |
| 133 | property made by or for the use of a new business and |
| 134 | improvements to real property related to the expansion of an |
| 135 | existing business and shall also apply to tangible personal |
| 136 | property of such new business and tangible personal property |
| 137 | related to the expansion of an existing business. The amount or |
| 138 | limits of the amount of such exemption shall be specified by |
| 139 | general law. The period of time for which such exemption may be |
| 140 | granted to a new business or expansion of an existing business |
| 141 | shall be determined by general law. The authority to grant such |
| 142 | exemption shall expire ten years from the date of approval by |
| 143 | the electors of the county or municipality, and may be renewable |
| 144 | by referendum as provided by general law. |
| 145 | (d) By general law and subject to conditions specified |
| 146 | therein, there may be granted an ad valorem tax exemption to a |
| 147 | renewable energy source device and to real property on which |
| 148 | such device is installed and operated, to the value fixed by |
| 149 | general law not to exceed the original cost of the device, and |
| 150 | for the period of time fixed by general law not to exceed ten |
| 151 | years. |
| 152 | (e) Any county or municipality may, for the purpose of its |
| 153 | respective tax levy and subject to the provisions of this |
| 154 | subsection and general law, grant historic preservation ad |
| 155 | valorem tax exemptions to owners of historic properties. This |
| 156 | exemption may be granted only by ordinance of the county or |
| 157 | municipality. The amount or limits of the amount of this |
| 158 | exemption and the requirements for eligible properties must be |
| 159 | specified by general law. The period of time for which this |
| 160 | exemption may be granted to a property owner shall be determined |
| 161 | by general law. |
| 162 | SECTION 4. Taxation; assessments.--By general law |
| 163 | regulations shall be prescribed which shall secure a just |
| 164 | valuation of all property for ad valorem taxation, provided: |
| 165 | (a) Agricultural land, land producing high water recharge |
| 166 | to Florida's aquifers, or land used exclusively for |
| 167 | noncommercial recreational purposes may be classified by general |
| 168 | law and assessed solely on the basis of character or use. |
| 169 | (b) Pursuant to general law tangible personal property |
| 170 | held for sale as stock in trade and livestock may be valued for |
| 171 | taxation at a specified percentage of its value, may be |
| 172 | classified for tax purposes, or may be exempted from taxation. |
| 173 | (c) All persons entitled to a homestead exemption under |
| 174 | Section 6 of this Article shall have their homestead assessed at |
| 175 | just value as of January 1 of the year following the effective |
| 176 | date of this amendment. This assessment shall change only as |
| 177 | provided herein. |
| 178 | (1) Assessments subject to this provision shall be changed |
| 179 | annually on January 1st of each year; but those changes in |
| 180 | assessments shall not exceed the lower of the following: |
| 181 | a. Three percent (3%) of the assessment for the prior |
| 182 | year. |
| 183 | b. The percent change in the Consumer Price Index for all |
| 184 | urban consumers, U.S. City Average, all items 1967=100, or |
| 185 | successor reports for the preceding calendar year as initially |
| 186 | reported by the United States Department of Labor, Bureau of |
| 187 | Labor Statistics. |
| 188 | (2) No assessment shall exceed just value. |
| 189 | (3) After any change of ownership, as provided by general |
| 190 | law, homestead property shall be assessed at just value as of |
| 191 | January 1 of the following year. Thereafter, the homestead shall |
| 192 | be assessed as provided herein. |
| 193 | (4) New homestead property shall be assessed at just value |
| 194 | as of January 1st of the year following the establishment of the |
| 195 | homestead. That assessment shall only change as provided herein. |
| 196 | (5) Changes, additions, reductions, or improvements to |
| 197 | homestead property shall be assessed as provided for by general |
| 198 | law; provided, however, after the adjustment for any change, |
| 199 | addition, reduction, or improvement, the property shall be |
| 200 | assessed as provided herein. |
| 201 | (6) In the event of a termination of homestead status, the |
| 202 | property shall be assessed as provided by general law. |
| 203 | (7) The provisions of this amendment are severable. If any |
| 204 | of the provisions of this amendment shall be held |
| 205 | unconstitutional by any court of competent jurisdiction, the |
| 206 | decision of such court shall not affect or impair any remaining |
| 207 | provisions of this amendment. |
| 208 | (d) The legislature may, by general law, for assessment |
| 209 | purposes and subject to the provisions of this subsection, allow |
| 210 | counties and municipalities to authorize by ordinance that |
| 211 | historic property may be assessed solely on the basis of |
| 212 | character or use. Such character or use assessment shall apply |
| 213 | only to the jurisdiction adopting the ordinance. The |
| 214 | requirements for eligible properties must be specified by |
| 215 | general law. |
| 216 | (e) A county may, in the manner prescribed by general law, |
| 217 | provide for a reduction in the assessed value of homestead |
| 218 | property to the extent of any increase in the assessed value of |
| 219 | that property which results from the construction or |
| 220 | reconstruction of the property for the purpose of providing |
| 221 | living quarters for one or more natural or adoptive grandparents |
| 222 | or parents of the owner of the property or of the owner's spouse |
| 223 | if at least one of the grandparents or parents for whom the |
| 224 | living quarters are provided is 62 years of age or older. Such a |
| 225 | reduction may not exceed the lesser of the following: |
| 226 | (1) The increase in assessed value resulting from |
| 227 | construction or reconstruction of the property. |
| 228 | (2) Twenty percent of the total assessed value of the |
| 229 | property as improved. |
| 230 | SECTION 6. Homestead exemptions.-- |
| 231 | (a) Every person who has the legal or equitable title to |
| 232 | real estate and maintains thereon the permanent residence of the |
| 233 | owner, or another legally or naturally dependent upon the owner, |
| 234 | shall be exempt from taxation thereon, except assessments for |
| 235 | special benefits, up to the assessed valuation of five thousand |
| 236 | dollars, upon establishment of right thereto in the manner |
| 237 | prescribed by law. The real estate may be held by legal or |
| 238 | equitable title, by the entireties, jointly, in common, as a |
| 239 | condominium, or indirectly by stock ownership or membership |
| 240 | representing the owner's or member's proprietary interest in a |
| 241 | corporation owning a fee or a leasehold initially in excess of |
| 242 | ninety-eight years. |
| 243 | (b) Not more than one exemption shall be allowed any |
| 244 | individual or family unit or with respect to any residential |
| 245 | unit. No exemption shall exceed the value of the real estate |
| 246 | assessable to the owner or, in case of ownership through stock |
| 247 | or membership in a corporation, the value of the proportion |
| 248 | which the interest in the corporation bears to the assessed |
| 249 | value of the property. |
| 250 | (c) By general law and subject to conditions specified |
| 251 | therein, the exemption shall be increased to a total of twenty- |
| 252 | five thousand dollars of the assessed value of the real estate |
| 253 | for each school district levy. By general law and subject to |
| 254 | conditions specified therein, the exemption for all other levies |
| 255 | may be increased up to an amount not exceeding ten thousand |
| 256 | dollars of the assessed value of the real estate if the owner |
| 257 | has attained age sixty-five or is totally and permanently |
| 258 | disabled and if the owner is not entitled to the exemption |
| 259 | provided in subsection (d). |
| 260 | (d) By general law and subject to conditions specified |
| 261 | therein, the exemption shall be increased to a total of the |
| 262 | following amounts of assessed value of real estate for each levy |
| 263 | other than those of school districts: fifteen thousand dollars |
| 264 | with respect to 1980 assessments; twenty thousand dollars with |
| 265 | respect to 1981 assessments; twenty-five thousand dollars with |
| 266 | respect to assessments for 1982 and each year thereafter. |
| 267 | However, such increase shall not apply with respect to any |
| 268 | assessment roll until such roll is first determined to be in |
| 269 | compliance with the provisions of section 4 by a state agency |
| 270 | designated by general law. This subsection shall stand repealed |
| 271 | on the effective date of any amendment to section 4 which |
| 272 | provides for the assessment of homestead property at a specified |
| 273 | percentage of its just value. |
| 274 | (e) By general law and subject to conditions specified |
| 275 | therein, the Legislature may provide to renters, who are |
| 276 | permanent residents, ad valorem tax relief on all ad valorem tax |
| 277 | levies. Such ad valorem tax relief shall be in the form and |
| 278 | amount established by general law. |
| 279 | (f) The legislature may, by general law, allow counties or |
| 280 | municipalities, for the purpose of their respective tax levies |
| 281 | and subject to the provisions of general law, to grant an |
| 282 | additional homestead tax exemption not exceeding fifty thousand |
| 283 | dollars to any person who has the legal or equitable title to |
| 284 | real estate and maintains thereon the permanent residence of the |
| 285 | owner and who has attained age sixty-five and whose household |
| 286 | income, as defined by general law, does not exceed twenty |
| 287 | thousand dollars. The general law must allow counties and |
| 288 | municipalities to grant this additional exemption, within the |
| 289 | limits prescribed in this subsection, by ordinance adopted in |
| 290 | the manner prescribed by general law, and must provide for the |
| 291 | periodic adjustment of the income limitation prescribed in this |
| 292 | subsection for changes in the cost of living. |
| 293 | (g) Each veteran who is age 65 or older who is partially |
| 294 | or totally permanently disabled shall receive a discount from |
| 295 | the amount of the ad valorem tax otherwise owed on homestead |
| 296 | property the veteran owns and resides in if the disability was |
| 297 | combat related, the veteran was a resident of this state at the |
| 298 | time of entering the military service of the United States, and |
| 299 | the veteran was honorably discharged upon separation from |
| 300 | military service. The discount shall be in a percentage equal to |
| 301 | the percentage of the veteran's permanent, service-connected |
| 302 | disability as determined by the United States Department of |
| 303 | Veterans Affairs. To qualify for the discount granted by this |
| 304 | subsection, an applicant must submit to the county property |
| 305 | appraiser, by March 1, proof of residency at the time of |
| 306 | entering military service, an official letter from the United |
| 307 | States Department of Veterans Affairs stating the percentage of |
| 308 | the veteran's service-connected disability and such evidence |
| 309 | that reasonably identifies the disability as combat related, and |
| 310 | a copy of the veteran's honorable discharge. If the property |
| 311 | appraiser denies the request for a discount, the appraiser must |
| 312 | notify the applicant in writing of the reasons for the denial, |
| 313 | and the veteran may reapply. The Legislature may, by general |
| 314 | law, waive the annual application requirement in subsequent |
| 315 | years. This subsection shall take effect December 7, 2006, is |
| 316 | self-executing, and does not require implementing legislation. |
| 317 | SECTION 8. Aid to local governments.--State funds may be |
| 318 | appropriated to the several counties, school districts, |
| 319 | municipalities or special districts upon such conditions as may |
| 320 | be provided by general law. These conditions may include the use |
| 321 | of relative ad valorem assessment levels determined by a state |
| 322 | agency designated by general law. |
| 323 | SECTION 9. Local taxes.-- |
| 324 | (a) Counties, school districts, and municipalities shall, |
| 325 | and special districts may, be authorized by law to levy ad |
| 326 | valorem taxes and may be authorized by general law to levy other |
| 327 | taxes, for their respective purposes, except ad valorem taxes on |
| 328 | intangible personal property and taxes prohibited by this |
| 329 | constitution. |
| 330 | (b) Ad valorem taxes, exclusive of taxes levied for the |
| 331 | payment of bonds and taxes levied for periods not longer than |
| 332 | two years when authorized by vote of the electors who are the |
| 333 | owners of freeholds therein not wholly exempt from taxation, |
| 334 | shall not be levied in excess of the following millages upon the |
| 335 | assessed value of real estate and tangible personal property: |
| 336 | for all county purposes, ten mills; for all municipal purposes, |
| 337 | ten mills; for all school purposes, ten mills; for water |
| 338 | management purposes for the northwest portion of the state lying |
| 339 | west of the line between ranges two and three east, 0.05 mill; |
| 340 | for water management purposes for the remaining portions of the |
| 341 | state, 1.0 mill; and for all other special districts a millage |
| 342 | authorized by law approved by vote of the electors who are |
| 343 | owners of freeholds therein not wholly exempt from taxation. A |
| 344 | county furnishing municipal services may, to the extent |
| 345 | authorized by law, levy additional taxes within the limits fixed |
| 346 | for municipal purposes. |
| 347 | SECTION 12. Local bonds.--Counties, school districts, |
| 348 | municipalities, special districts and local governmental bodies |
| 349 | with taxing powers may issue bonds, certificates of indebtedness |
| 350 | or any form of tax anticipation certificates, payable from ad |
| 351 | valorem taxation and maturing more than twelve months after |
| 352 | issuance only: |
| 353 | (a) to finance or refinance capital projects authorized by |
| 354 | law and only when approved by vote of the electors who are |
| 355 | owners of freeholds therein not wholly exempt from taxation; or |
| 356 | (b) to refund outstanding bonds and interest and |
| 357 | redemption premium thereon at a lower net average interest cost |
| 358 | rate. |
| 359 | SECTION 19. Revised state sales and use tax; first year |
| 360 | revenue neutrality; distribution to counties, municipalities, |
| 361 | and school districts.--As provided by general law, the rate of |
| 362 | the state tax on sales, use, and other transactions shall be |
| 363 | revised to generate in the first year after this section takes |
| 364 | effect the same amount of revenues as the aggregate total |
| 365 | revenues generated from such tax and ad valorem taxes in the |
| 366 | year immediately preceding the date this section takes effect. |
| 367 | Thereafter, the revised rate shall be adjusted each year by the |
| 368 | lesser of 3 percent or the percentage change that year in the |
| 369 | Consumer Price Index as compiled by the United States Department |
| 370 | of Labor. Revenues from the revised sales and use tax shall be |
| 371 | distributed to the state, counties, municipalities, and school |
| 372 | districts as provided by general law. As provided by general |
| 373 | law, an elected taxing authority may, by supermajority vote |
| 374 | (majority plus 1), adopt an ordinance leving an additional local |
| 375 | option sales tax of 0.3 percent solely for emergency purposes. |
| 376 | The ordinance shall be effective only upon approval by the |
| 377 | voters in a referendum held solely for purposes of approval or |
| 378 | rejection of the ordinance. The criteria for determination of an |
| 379 | emergency shall be as provided by general law and the ordinance, |
| 380 | if approved, shall be effective only for the duration of the |
| 381 | emergency. |
| 382 | ARTICLE VIII |
| 383 | LOCAL GOVERNMENT |
| 384 | SECTION 1. Counties.-- |
| 385 | (a) POLITICAL SUBDIVISIONS. The state shall be divided by |
| 386 | law into political subdivisions called counties. Counties may be |
| 387 | created, abolished or changed by law, with provision for payment |
| 388 | or apportionment of the public debt. |
| 389 | (b) COUNTY FUNDS. The care, custody and method of |
| 390 | disbursing county funds shall be provided by general law. |
| 391 | (c) GOVERNMENT. Pursuant to general or special law, a |
| 392 | county government may be established by charter which shall be |
| 393 | adopted, amended or repealed only upon vote of the electors of |
| 394 | the county in a special election called for that purpose. |
| 395 | (d) COUNTY OFFICERS. There shall be elected by the |
| 396 | electors of each county, for terms of four years, a sheriff, a |
| 397 | tax collector, a property appraiser, a supervisor of elections, |
| 398 | and a clerk of the circuit court; except, when provided by |
| 399 | county charter or special law approved by vote of the electors |
| 400 | of the county, any county officer may be chosen in another |
| 401 | manner therein specified, or any county office may be abolished |
| 402 | when all the duties of the office prescribed by general law are |
| 403 | transferred to another office. When not otherwise provided by |
| 404 | county charter or special law approved by vote of the electors, |
| 405 | the clerk of the circuit court shall be ex officio clerk of the |
| 406 | board of county commissioners, auditor, recorder and custodian |
| 407 | of all county funds. |
| 408 | (e) COMMISSIONERS. Except when otherwise provided by |
| 409 | county charter, the governing body of each county shall be a |
| 410 | board of county commissioners composed of five or seven members |
| 411 | serving staggered terms of four years. After each decennial |
| 412 | census the board of county commissioners shall divide the county |
| 413 | into districts of contiguous territory as nearly equal in |
| 414 | population as practicable. One commissioner residing in each |
| 415 | district shall be elected as provided by law. |
| 416 | (f) NON-CHARTER GOVERNMENT. Counties not operating under |
| 417 | county charters shall have such power of self-government as is |
| 418 | provided by general or special law. The board of county |
| 419 | commissioners of a county not operating under a charter may |
| 420 | enact, in a manner prescribed by general law, county ordinances |
| 421 | not inconsistent with general or special law, but an ordinance |
| 422 | in conflict with a municipal ordinance shall not be effective |
| 423 | within the municipality to the extent of such conflict. |
| 424 | (g) CHARTER GOVERNMENT. Counties operating under county |
| 425 | charters shall have all powers of local self-government not |
| 426 | inconsistent with general law, or with special law approved by |
| 427 | vote of the electors. The governing body of a county operating |
| 428 | under a charter may enact county ordinances not inconsistent |
| 429 | with general law. The charter shall provide which shall prevail |
| 430 | in the event of conflict between county and municipal |
| 431 | ordinances. |
| 432 | (h) TAXES; LIMITATION. Property situate within |
| 433 | municipalities shall not be subject to taxation for services |
| 434 | rendered by the county exclusively for the benefit of the |
| 435 | property or residents in unincorporated areas. |
| 436 | (h)(i) COUNTY ORDINANCES. Each county ordinance shall be |
| 437 | filed with the custodian of state records and shall become |
| 438 | effective at such time thereafter as is provided by general law. |
| 439 | (i)(j) VIOLATION OF ORDINANCES. Persons violating county |
| 440 | ordinances shall be prosecuted and punished as provided by law. |
| 441 | (j)(k) COUNTY SEAT. In every county there shall be a |
| 442 | county seat at which shall be located the principal offices and |
| 443 | permanent records of all county officers. The county seat may |
| 444 | not be moved except as provided by general law. Branch offices |
| 445 | for the conduct of county business may be established elsewhere |
| 446 | in the county by resolution of the governing body of the county |
| 447 | in the manner prescribed by law. No instrument shall be deemed |
| 448 | recorded until filed at the county seat, or a branch office |
| 449 | designated by the governing body of the county for the recording |
| 450 | of instruments, according to law. |
| 451 | ARTICLE IX |
| 452 | EDUCATION |
| 453 | SECTION 4. School districts; school boards.-- |
| 454 | (a) Each county shall constitute a school district; |
| 455 | provided, two or more contiguous counties, upon vote of the |
| 456 | electors of each county pursuant to law, may be combined into |
| 457 | one school district. In each school district there shall be a |
| 458 | school board composed of five or more members chosen by vote of |
| 459 | the electors in a nonpartisan election for appropriately |
| 460 | staggered terms of four years, as provided by law. |
| 461 | (b) The school board shall operate, control and supervise |
| 462 | all free public schools within the school district and determine |
| 463 | the rate of school district taxes within the limits prescribed |
| 464 | herein. Two or more school districts may operate and finance |
| 465 | joint educational programs. |
| 466 | ARTICLE X |
| 467 | MISCELLANEOUS |
| 468 | SECTION 28. Protection of bondholder's rights to |
| 469 | indebtedness secured by ad valorem tax revenues.--The state |
| 470 | assumes the responsibility for and guarantees the repayment of |
| 471 | any indebtedness, existing on March 1, 2007, of any taxing |
| 472 | authority secured by a pledge of revenues from ad valorem taxes |
| 473 | imposed on real estate and tangible personal property. |
| 474 | ARTICLE XII |
| 475 | SCHEDULE |
| 476 | SECTION 2. Property taxes; millages.--Tax millages |
| 477 | authorized in counties, municipalities and special districts, on |
| 478 | the date this revision becomes effective, may be continued until |
| 479 | reduced by law. |
| 480 | SECTION 15. Special district taxes.--Ad valorem taxing |
| 481 | power vested by law in special districts existing when this |
| 482 | revision becomes effective shall not be abrogated by Section |
| 483 | 9(b) of Article VII herein, but such powers, except to the |
| 484 | extent necessary to pay outstanding debts, may be restricted or |
| 485 | withdrawn by law. |
| 486 | SECTION 19. Renewable energy source property.--The |
| 487 | amendment to Section 3 of Article VII, relating to an exemption |
| 488 | for a renewable energy source device and real property on which |
| 489 | such device is installed, if adopted at the special election in |
| 490 | October 1980, shall take effect January 1, 1981. |
| 491 | SECTION 22. Historic property exemption and |
| 492 | assessment.--The amendments to Sections 3 and 4 of Article VII |
| 493 | relating to ad valorem tax exemption for, and assessment of, |
| 494 | historic property shall take effect January 1, 1999. |
| 495 | SECTION 26. Increased homestead exemption.--The amendment |
| 496 | to Section 6 of Article VII increasing the maximum additional |
| 497 | amount of the homestead exemption for low-income seniors shall |
| 498 | take effect January 1, 2007. |
| 499 | SECTION 27. Real estate and tangible personal property ad |
| 500 | valorem tax repeal.--This section shall take effect upon |
| 501 | approval by the electors. The amendments to Sections 1 and 8 of |
| 502 | Article VII, Section 1 of Article VIII, and Section 4 of Article |
| 503 | IX, the repeal of Sections 2, 3, 4, 6, 9, and 12 of Article VII |
| 504 | and Sections 2, 15, 19, 22, and 26 of Article XII, and the |
| 505 | creation of Section 19 of Article VII and Section 28 of Article |
| 506 | X of the State Constitution shall take effect January 1 of the |
| 507 | year following approval by the electors, except that any ad |
| 508 | valorem tax assessments existing on such date necessary to repay |
| 509 | any indebtedness secured by a pledge of revenues from ad valorem |
| 510 | taxes on real estate and tangible personal property are hereby |
| 511 | preserved. |
| 512 | BE IT FURTHER RESOLVED that the following statement be |
| 513 | placed on the ballot: |
| 514 | CONSTITUTIONAL AMENDMENT |
| 515 | ARTICLE VII, SECTIONS 1, 2, 3, 4, 6, 8, 9, 12, AND 19; |
| 516 | ARTICLE VIII, SECTION 1; |
| 517 | ARTICLE IX, SECTION 4; |
| 518 | ARTICLE X, SECTION 28; |
| 519 | ARTICLE XII, SECTIONS 2, 15, 19, 22, 26, AND 27 |
| 520 | AD VALOREM PROPERTY TAX REPEAL; REVISED STATE SALES TAX, |
| 521 | ANNUAL ADJUSTMENT, DISTRIBUTION; BONDED INDEBTEDNESS |
| 522 | PROTECTION.--Proposing amendments to the State Constitution to |
| 523 | repeal all provisions relating to ad valorem taxes on real |
| 524 | estate and tangible and intangible personal property; to provide |
| 525 | for revising by general law the state sales and use tax rate to |
| 526 | generate in the first year after enactment revenues equal to the |
| 527 | total revenues from the sales and use tax and ad valorem taxes |
| 528 | in the year preceding enactment, adjust the rate each year by |
| 529 | the lesser of 3 percent or the percentage change in the Consumer |
| 530 | Price Index, provide for temporary emergency local option sales |
| 531 | tax increases, and provide for distributing revenues to the |
| 532 | state, counties, municipalities, and school districts; to |
| 533 | provide for state assumption of responsibility for, and to |
| 534 | guarantee repayment of, existing indebtedness secured by a |
| 535 | pledge of revenues secured by ad valorem taxes on real and |
| 536 | tangible personal property. Such provisions shall take effect |
| 537 | January 1 of the year following approval by the electors, except |
| 538 | that any ad valorem tax assessments existing on such date |
| 539 | necessary to repay any indebtedness secured by a pledge of |
| 540 | revenues from ad valorem taxes on real estate and tangible |
| 541 | personal property are preserved. |