| 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 | statead 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. |