Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SJR 4-B
Barcode 113084
CHAMBER ACTION
Senate House
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11 The Committee on Finance and Tax (Deutch) recommended the
12 following amendment:
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14 Senate Amendment
15 On page 3, line 24, through
16 page 13, line 12, delete those lines
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18 and insert:
19 (f) By general law and subject to conditions specified
20 therein, twenty-five thousand dollars of the assessed value of
21 property subject to tangible personal property tax may be
22 exempt from ad valorem taxation. The twenty-five thousand
23 dollar exemption shall be adjusted each year by the percentage
24 change in per capita personal income, as defined by general
25 law, for the previous year.
26 SECTION 4. Taxation; assessments.--By general law
27 regulations shall be prescribed which shall secure a just
28 valuation of all property for ad valorem taxation, provided:
29 (a) Agricultural land, land producing high water
30 recharge to Florida's aquifers, or land used exclusively for
31 noncommercial recreational purposes may be classified by
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1 general law and assessed solely on the basis of character or
2 use.
3 (b) Pursuant to general law tangible personal property
4 held for sale as stock in trade and livestock may be valued
5 for taxation at a specified percentage of its value, may be
6 classified for tax purposes, or may be exempted from taxation.
7 (c) All persons entitled to a homestead exemption
8 under Section 6 of this Article who are entitled to have their
9 homestead assessed under this subsection pursuant to Section
10 27 of Article XII shall have their homestead assessed at just
11 value as of January 1 of the year following the effective date
12 of this amendment. This assessment shall change only as
13 provided herein.
14 (1) Assessments subject to this provision shall be
15 changed annually on January 1st of each year; but those
16 changes in assessments shall not exceed the lower of the
17 following:
18 a. Three percent (3%) of the assessment for the prior
19 year.
20 b. The percent change in the Consumer Price Index for
21 all urban consumers, U.S. City Average, all items 1967=100, or
22 successor reports for the preceding calendar year as initially
23 reported by the United States Department of Labor, Bureau of
24 Labor Statistics.
25 (2) No assessment shall exceed just value.
26 (3) After any change of ownership, as provided by
27 general law, homestead property shall be assessed at just
28 value as of January 1 of the following year. Thereafter, the
29 homestead shall be assessed as provided herein.
30 (4) New homestead property shall be assessed at just
31 value as of January 1st of the year following the
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1 establishment of the homestead. That assessment shall only
2 change as provided herein.
3 (4)(5) Changes, additions, reductions, or improvements
4 to homestead property shall be assessed as provided for by
5 general law; provided, however, after the adjustment for any
6 change, addition, reduction, or improvement, the property
7 shall be assessed as provided herein.
8 (5)(6) In the event of a termination of homestead
9 status, the property shall be assessed at just value as of
10 January 1 of the following year as provided by general law.
11 (6)(7) The provisions of this amendment are severable.
12 If any of the provisions of this amendment shall be held
13 unconstitutional by any court of competent jurisdiction, the
14 decision of such court shall not affect or impair any
15 remaining provisions of this amendment.
16 (d) The legislature may, by general law, for
17 assessment purposes and subject to the provisions of this
18 subsection, allow counties and municipalities to authorize by
19 ordinance that historic property may be assessed solely on the
20 basis of character or use. Such character or use assessment
21 shall apply only to the jurisdiction adopting the ordinance.
22 The requirements for eligible properties must be specified by
23 general law.
24 (e) A county may, in the manner prescribed by general
25 law, provide for a reduction in the assessed value of
26 homestead property to the extent of any increase in the
27 assessed value of that property which results from the
28 construction or reconstruction of the property for the purpose
29 of providing living quarters for one or more natural or
30 adoptive grandparents or parents of the owner of the property
31 or of the owner's spouse if at least one of the grandparents
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1 or parents for whom the living quarters are provided is 62
2 years of age or older. Such a reduction may not exceed the
3 lesser of the following:
4 (1) The increase in assessed value resulting from
5 construction or reconstruction of the property.
6 (2) Twenty percent of the total assessed value of the
7 property as improved.
8 (f) As defined by general law, real property that is
9 used to provide affordable housing and is subject to rent
10 restrictions imposed by a governmental agency may be assessed
11 as provided by general law, subject to conditions or
12 limitations specified therein.
13 (g) As defined by general law, land that is used
14 exclusively for commercial fishing purposes or that is open to
15 the public and used predominantly for commercial
16 water-dependent activities or for public access to waters that
17 are navigable may be assessed as provided by general law,
18 subject to conditions or limitations specified therein. For
19 purposes of this paragraph, the term "water-dependent
20 activity" means any activity that can be conducted only on,
21 in, over, or adjacent to waters that are navigable and that
22 requires direct access to water and involves the use of water
23 as an integral part of such activity.
24 SECTION 6. Homestead exemptions.--
25 (a) Every person who has the legal or equitable title
26 to real estate and maintains thereon the permanent residence
27 of the owner, or another legally or naturally dependent upon
28 the owner, shall be exempt from taxation thereon, except
29 assessments for special benefits, on seventy-five percent of
30 up to the just assessed valuation of such property up to two
31 hundred of five thousand dollars and on fifteen percent of the
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1 just valuation of such property above two hundred thousand
2 dollars up to five hundred thousand dollars, upon
3 establishment of right thereto in the manner prescribed by
4 law. The five hundred thousand dollar threshold shall be
5 adjusted each year by the percentage change in per capita
6 personal income, as defined by general law, for the previous
7 year, and may be increased by general law enacted by an
8 affirmative vote of at least two-thirds of the membership of
9 each house of the legislature. The exemption shall not be less
10 than fifty thousand dollars but, for low-income seniors who
11 meet the eligibility criteria under subsection (d), the
12 exemption shall not be less than one hundred thousand dollars.
13 The real estate may be held by legal or equitable title, by
14 the entireties, jointly, in common, as a condominium, or
15 indirectly by stock ownership or membership representing the
16 owner's or member's proprietary interest in a corporation
17 owning a fee or a leasehold initially in excess of
18 ninety-eight years. The exemption shall not apply with respect
19 to any assessment roll until such roll is first determined to
20 be in compliance with the provisions of section 4 by a state
21 agency designated by general law. This exemption is repealed
22 on the effective date of any amendment to this Article which
23 provides for the assessment of homestead property at less than
24 just value.
25 (b) Not more than one exemption shall be allowed any
26 individual or family unit or with respect to any residential
27 unit. No exemption shall exceed the value of the real estate
28 assessable to the owner or, in case of ownership through stock
29 or membership in a corporation, the value of the proportion
30 which the interest in the corporation bears to the assessed
31 value of the property.
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1 (c) By general law and subject to conditions specified
2 therein, the exemption shall be increased to a total of
3 twenty-five thousand dollars of the assessed value of the real
4 estate for each school district levy. By general law and
5 subject to conditions specified therein, the exemption for all
6 other levies may be increased up to an amount not exceeding
7 ten thousand dollars of the assessed value of the real estate
8 if the owner has attained age sixty-five or is totally and
9 permanently disabled and if the owner is not entitled to the
10 exemption provided in subsection (d).
11 (d) By general law and subject to conditions specified
12 therein, the exemption shall be increased to a total of the
13 following amounts of assessed value of real estate for each
14 levy other than those of school districts: fifteen thousand
15 dollars with respect to 1980 assessments; twenty thousand
16 dollars with respect to 1981 assessments; twenty-five thousand
17 dollars with respect to assessments for 1982 and each year
18 thereafter. However, such increase shall not apply with
19 respect to any assessment roll until such roll is first
20 determined to be in compliance with the provisions of section
21 4 by a state agency designated by general law. This subsection
22 shall stand repealed on the effective date of any amendment to
23 section 4 which provides for the assessment of homestead
24 property at a specified percentage of its just value.
25 (c)(e) By general law and subject to conditions
26 specified therein, the Legislature may provide to renters, who
27 are permanent residents, ad valorem tax relief on all ad
28 valorem tax levies. Such ad valorem tax relief shall be in the
29 form and amount established by general law.
30 (d)(f) The legislature may, by general law, allow
31 counties or municipalities, for the purpose of their
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1 respective tax levies and subject to the provisions of general
2 law, to grant an additional homestead tax exemption not
3 exceeding fifty thousand dollars to any person who has the
4 legal or equitable title to real estate and maintains thereon
5 the permanent residence of the owner and who has attained age
6 sixty-five and whose household income, as defined by general
7 law, does not exceed twenty thousand dollars. The general law
8 must allow counties and municipalities to grant this
9 additional exemption, within the limits prescribed in this
10 subsection, by ordinance adopted in the manner prescribed by
11 general law, and must provide for the periodic adjustment of
12 the income limitation prescribed in this subsection for
13 changes in the cost of living.
14 (e)(g) Each veteran who is age 65 or older who is
15 partially or totally permanently disabled shall receive a
16 discount from the amount of the ad valorem tax otherwise owed
17 on homestead property the veteran owns and resides in if the
18 disability was combat related, the veteran was a resident of
19 this state at the time of entering the military service of the
20 United States, and the veteran was honorably discharged upon
21 separation from military service. The discount shall be in a
22 percentage equal to the percentage of the veteran's permanent,
23 service-connected disability as determined by the United
24 States Department of Veterans Affairs. To qualify for the
25 discount granted by this subsection, an applicant must submit
26 to the county property appraiser, by March 1, proof of
27 residency at the time of entering military service, an
28 official letter from the United States Department of Veterans
29 Affairs stating the percentage of the veteran's
30 service-connected disability and such evidence that reasonably
31 identifies the disability as combat related, and a copy of the
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1 veteran's honorable discharge. If the property appraiser
2 denies the request for a discount, the appraiser must notify
3 the applicant in writing of the reasons for the denial, and
4 the veteran may reapply. The Legislature may, by general law,
5 waive the annual application requirement in subsequent years.
6 This subsection shall take effect December 7, 2006, is
7 self-executing, and does not require implementing legislation.
8 SECTION 9. Local taxes.--
9 (a) Counties, school districts, and municipalities
10 shall, and special districts may, be authorized by law to levy
11 ad valorem taxes and may be authorized by general law to levy
12 other taxes, for their respective purposes, except ad valorem
13 taxes on intangible personal property and taxes prohibited by
14 this constitution.
15 (b) Ad valorem taxes, exclusive of taxes levied for
16 the payment of bonds and taxes levied for periods not longer
17 than two years when authorized by vote of the electors who are
18 the owners of freeholds therein not wholly exempt from
19 taxation, shall not be levied in excess of the following
20 millages upon the assessed value of real estate and tangible
21 personal property: for all county purposes, ten mills; for all
22 municipal purposes, ten mills; for all school purposes, ten
23 mills; for water management purposes for the northwest portion
24 of the state lying west of the line between ranges two and
25 three east, 0.05 mill; for water management purposes for the
26 remaining portions of the state, 1.0 mill; and for all other
27 special districts a millage authorized by law approved by vote
28 of the electors who are owners of freeholds therein not wholly
29 exempt from taxation. A county furnishing municipal services
30 may, to the extent authorized by law, levy additional taxes
31 within the limits fixed for municipal purposes.
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1 (c) By general law, the legislature shall limit the
2 authority of counties, municipalities, and special districts
3 to increase ad valorem taxes.
4 ARTICLE XII
5 SCHEDULE
6 SECTION 27. Transitional assessments of homestead
7 property; effective date.--
8 (a) Each person entitled to a homestead exemption
9 under Section 6 of Article VII on January 1, 2008, shall
10 continue to have the person's current homestead assessed under
11 Section 4(c) of Article VII so long as, on January 1 of each
12 year, the sum of the exemption the person would have received
13 under Section 6(a)-(d) of Article VII, as it existed on
14 December 31, 2007, plus the difference between the homestead's
15 just value and its assessed value determined pursuant to
16 Section 4(c) of Article VII is greater than the exemption
17 provided by Section 6(a) of Article VII. After the exemption
18 provided in Section 6(a) of Article VII exceeds such sum in
19 any year, the homestead may not be assessed under Section 4(c)
20 of Article VII.
21 (b) The exemption provided in Section 6(a) of Article
22 VII to each person entitled to have the person's homestead
23 assessed under Section 4(c) of Article VII pursuant to
24 subsection (a) shall be limited to the exemption the person
25 would have been entitled to under Section 6(a)-(d) of Article
26 VII as it existed on December 31, 2007.
27 (c) The amendments to Sections 3, 4, 6, and 9 of
28 Article VII, providing an exemption from ad valorem taxation
29 for tangible personal property, revising provisions limiting
30 an increase in the assessed value of homestead property,
31 providing for assessing rent-restricted affordable housing and
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1 commercial and public-access waterfront property pursuant to
2 general law, increasing the homestead exemption by providing a
3 schedule for determining the exemption based on a percentage
4 of the property's just value, and requiring the legislature to
5 limit the authority of counties, municipalities, and special
6 districts to increase ad valorem taxes, and this section,
7 providing for transitional assessments of homestead property,
8 shall take effect upon approval by the electors and shall
9 operate retroactively to January 1, 2008.
10 BE IT FURTHER RESOLVED that the following statement be
11 placed on the ballot:
12 CONSTITUTIONAL AMENDMENT
13 ARTICLE VII, SECTIONS 3, 4, 6, AND 9;
14 ARTICLE XII, SECTION 27
15 AD VALOREM PROPERTY TAXATION: ASSESSMENTS, EXEMPTIONS,
16 LIMITATIONS, AND HOMESTEADS.--Proposing amendments to the
17 State Constitution to increase the homestead exemption from
18 $25,000 to 75 percent of the just value of the property up to
19 $200,000 and 15 percent of the just value of the property
20 above $200,000 up to $500,000, to subject the $500,000
21 threshold to annual adjustments based on the percentage change
22 in per capita personal income, to authorize an increase in the
23 $500,000 threshold amount by a two-thirds vote of the
24 Legislature, and to specify minimum homestead exemption
25 amounts of $50,000 for everyone except low-income seniors and
26 $100,000 for low-income seniors; to provide for transitional
27 assessments of homestead property under the increased
28 homestead exemption which include preserving application of
29 Save-Our-Homes provisions when those provisions provide a
30 benefit that is greater than the increased homestead
31 exemption; to revise Save-Our-Homes provisions to conform to
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1 provisions providing for the increased homestead exemption and
2 transitional assessments of homestead property; to require the
3 Legislature to limit the authority of counties,
4 municipalities, and special districts to increase ad valorem
5 taxes; to authorize, and provide for adjustments to, an
6 exemption from ad valorem taxes of $25,000 of assessed value
7 of tangible personal property; to provide for assessing
8 rent-restricted affordable
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