Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for SJR 2-D
                        Barcode 102070
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: WD/2R            .                    
       10/17/2007 10:44 AM         .                    
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11  Senators Geller and Deutch moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         That the following amendments to Sections 3, 4, and 6
18  of Article VII and the creation of Section 27 of Article XII
19  of the State Constitution are agreed to and shall be submitted
20  to the electors of this state for approval or rejection at the
21  next general election or at an earlier special election
22  specifically authorized by law for that purpose:
23                           ARTICLE VII
24                       FINANCE AND TAXATION
25         SECTION 3.  Taxes; exemptions.--
26         (a)  All property owned by a municipality and used
27  exclusively by it for municipal or public purposes shall be
28  exempt from taxation.  A municipality, owning property outside
29  the municipality, may be required by general law to make
30  payment to the taxing unit in which the property is
31  located.  Such portions of property as are used predominantly
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 102070 1 for educational, literary, scientific, religious or charitable 2 purposes may be exempted by general law from taxation. 3 (b) There shall be exempt from taxation, cumulatively, 4 to every head of a family residing in this state, household 5 goods and personal effects to the value fixed by general law, 6 not less than one thousand dollars, and to every widow or 7 widower or person who is blind or totally and permanently 8 disabled, property to the value fixed by general law not less 9 than five hundred dollars. 10 (c) Any county or municipality may, for the purpose of 11 its respective tax levy and subject to the provisions of this 12 subsection and general law, grant community and economic 13 development ad valorem tax exemptions to new businesses and 14 expansions of existing businesses, as defined by general law. 15 Such an exemption may be granted only by ordinance of the 16 county or municipality, and only after the electors of the 17 county or municipality voting on such question in a referendum 18 authorize the county or municipality to adopt such 19 ordinances. An exemption so granted shall apply to 20 improvements to real property made by or for the use of a new 21 business and improvements to real property related to the 22 expansion of an existing business and shall also apply to 23 tangible personal property of such new business and tangible 24 personal property related to the expansion of an existing 25 business. The amount or limits of the amount of such exemption 26 shall be specified by general law. The period of time for 27 which such exemption may be granted to a new business or 28 expansion of an existing business shall be determined by 29 general law. The authority to grant such exemption shall 30 expire ten years from the date of approval by the electors of 31 the county or municipality, and may be renewable by referendum 2 8:50 PM 10/16/07 s0002Dc1d-31-t03
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 102070 1 as provided by general law. 2 (d) By general law and subject to conditions specified 3 therein, there may be granted an ad valorem tax exemption to a 4 renewable energy source device and to real property on which 5 such device is installed and operated, to the value fixed by 6 general law not to exceed the original cost of the device, and 7 for the period of time fixed by general law not to exceed ten 8 years. 9 (e) Any county or municipality may, for the purpose of 10 its respective tax levy and subject to the provisions of this 11 subsection and general law, grant historic preservation ad 12 valorem tax exemptions to owners of historic properties. This 13 exemption may be granted only by ordinance of the county or 14 municipality. The amount or limits of the amount of this 15 exemption and the requirements for eligible properties must be 16 specified by general law. The period of time for which this 17 exemption may be granted to a property owner shall be 18 determined by general law. 19 (f) By general law and subject to conditions specified 20 therein, twenty-five thousand dollars of the assessed value of 21 property subject to tangible personal property tax shall be 22 exempt from ad valorem taxation. 23 SECTION 4. Taxation; assessments.--By general law 24 regulations shall be prescribed which shall secure a just 25 valuation of all property for ad valorem taxation, provided: 26 (a) Agricultural land, land producing high water 27 recharge to Florida's aquifers, or land used exclusively for 28 noncommercial recreational purposes may be classified by 29 general law and assessed solely on the basis of character or 30 use. 31 (b) Pursuant to general law tangible personal property 3 8:50 PM 10/16/07 s0002Dc1d-31-t03
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 102070 1 held for sale as stock in trade and livestock may be valued 2 for taxation at a specified percentage of its value, may be 3 classified for tax purposes, or may be exempted from taxation. 4 (c) All persons entitled to a homestead exemption 5 under Section 6 of this Article shall have their homestead 6 assessed at just value as of January 1 of the year following 7 the effective date of this amendment. This assessment shall 8 change only as provided herein. 9 (1) Assessments subject to this provision shall be 10 changed annually on January 1st of each year; but those 11 changes in assessments shall not exceed the lower of the 12 following: 13 a. Three percent (3%) of the assessment for the prior 14 year. 15 b. The percent change in the Consumer Price Index for 16 all urban consumers, U.S. City Average, all items 1967=100, or 17 successor reports for the preceding calendar year as initially 18 reported by the United States Department of Labor, Bureau of 19 Labor Statistics. 20 (2) No assessment shall exceed just value. 21 (3) After any change of ownership, as provided by 22 general law, homestead property shall be assessed at just 23 value as of January 1 of the following year, unless the 24 provisions of paragraph (8) apply. Thereafter, the homestead 25 shall be assessed as provided herein. 26 (4) New homestead property shall be assessed at just 27 value as of January 1st of the year following the 28 establishment of the homestead, unless the provisions of 29 paragraph (8) apply. That assessment shall only change as 30 provided herein. 31 (5) Changes, additions, reductions, or improvements to 4 8:50 PM 10/16/07 s0002Dc1d-31-t03
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 102070 1 homestead property shall be assessed as provided for by 2 general law; provided, however, after the adjustment for any 3 change, addition, reduction, or improvement, the property 4 shall be assessed as provided herein. 5 (6) In the event of a termination of homestead status, 6 the property shall be assessed as provided by general law. 7 (7) The provisions of this amendment are severable. If 8 any of the provisions of this amendment shall be held 9 unconstitutional by any court of competent jurisdiction, the 10 decision of such court shall not affect or impair any 11 remaining provisions of this amendment. 12 (8)a. For all levies other than school district 13 levies, a person who establishes a new homestead as of January 14 1, 2009, or January 1 of any subsequent year and who has 15 received a homestead exemption pursuant to Section 6 of 16 Article VII of this constitution as of January 1 of either of 17 the two years immediately preceding the establishment of the 18 new homestead is entitled to have the new homestead assessed 19 at less than just value. A person who establishes a new 20 homestead as of January 1, 2008, is entitled to have the new 21 homestead assessed at less than just value only if that person 22 received a homestead exemption on January 1, 2007. The 23 assessed value of the newly established homestead shall be 24 determined as follows: 25 1. If the just value of the new homestead is greater 26 than or equal to the just value of the prior homestead of the 27 person establishing the new homestead as of January 1 of the 28 year in which the prior homestead was abandoned, the assessed 29 value of the new homestead shall be the just value of the new 30 homestead minus an amount equal to the lesser of $1 million or 31 the difference between the just value and the assessed value 5 8:50 PM 10/16/07 s0002Dc1d-31-t03
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 102070 1 of the prior homestead as of January 1 of the year in which 2 the prior homestead was abandoned. Thereafter, the homestead 3 shall be assessed as provided herein. 4 2. If the just value of the new homestead is less than 5 the just value of the prior homestead of the person 6 establishing the new homestead as of January 1 of the year in 7 which the prior homestead was abandoned, the assessed value of 8 the new homestead shall be equal to the just value of the new 9 homestead divided by the just value of the prior homestead and 10 multiplied by the assessed value of the prior homestead. 11 However, if the difference between the just value of the new 12 homestead and the assessed value of the new homestead 13 calculated pursuant to this sub-subparagraph is greater than 14 $1 million the assessed value of the new homestead shall be 15 increased so that the difference between the just value and 16 the assessed value equals $1 million. Thereafter, the 17 homestead shall be assessed as provided herein. 18 b. By general law and subject to conditions specified 19 therein, the Legislature shall provide for application of this 20 paragraph to property owned by more than one person. 21 (d) The legislature may, by general law, for 22 assessment purposes and subject to the provisions of this 23 subsection, allow counties and municipalities to authorize by 24 ordinance that historic property may be assessed solely on the 25 basis of character or use. Such character or use assessment 26 shall apply only to the jurisdiction adopting the ordinance. 27 The requirements for eligible properties must be specified by 28 general law. 29 (e) A county may, in the manner prescribed by general 30 law, provide for a reduction in the assessed value of 31 homestead property to the extent of any increase in the 6 8:50 PM 10/16/07 s0002Dc1d-31-t03
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 102070 1 assessed value of that property which results from the 2 construction or reconstruction of the property for the purpose 3 of providing living quarters for one or more natural or 4 adoptive grandparents or parents of the owner of the property 5 or of the owner's spouse if at least one of the grandparents 6 or parents for whom the living quarters are provided is 62 7 years of age or older. Such a reduction may not exceed the 8 lesser of the following: 9 (1) The increase in assessed value resulting from 10 construction or reconstruction of the property. 11 (2) Twenty percent of the total assessed value of the 12 property as improved. 13 SECTION 6. Homestead exemptions.-- 14 (a) Every person who has the legal or equitable title 15 to real estate and maintains thereon the permanent residence 16 of the owner, or another legally or naturally dependent upon 17 the owner, shall be exempt from taxation thereon, except 18 assessments for special benefits, up to the assessed valuation 19 of twenty-five five thousand dollars and, for all levies other 20 than school district levies and levies for dependent or 21 independent special districts or municipal service taxing 22 units the primary function of which is to provide emergency 23 medical or fire rescue services, on the assessed valuation 24 greater than fifty thousand dollars and up to seventy-five 25 thousand dollars if the just value of the real estate is less 26 than $500,000, upon establishment of right thereto in the 27 manner prescribed by law. The real estate may be held by 28 legal or equitable title, by the entireties, jointly, in 29 common, as a condominium, or indirectly by stock ownership or 30 membership representing the owner's or member's proprietary 31 interest in a corporation owning a fee or a leasehold 7 8:50 PM 10/16/07 s0002Dc1d-31-t03
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 102070 1 initially in excess of ninety-eight years. The exemption shall 2 not apply with respect to any assessment roll until such roll 3 is first determined to be in compliance with the provisions of 4 section 4 by a state agency designated by general law. This 5 exemption is repealed on the effective date of any amendment 6 to this Article which provides for the assessment of homestead 7 property at less than just value. 8 (b) Not more than one exemption shall be allowed any 9 individual or family unit or with respect to any residential 10 unit. No exemption shall exceed the value of the real estate 11 assessable to the owner or, in case of ownership through stock 12 or membership in a corporation, the value of the proportion 13 which the interest in the corporation bears to the assessed 14 value of the property. 15 (c) As provided by general law and subject to 16 conditions specified therein, each person who establishes the 17 right to receive the homestead exemption provided in 18 subsection (a) within one year after purchasing the homestead 19 property and who had not previously owned property receiving 20 the homestead exemption provided in subsection (a) is entitled 21 to an additional homestead exemption in an amount equal to 22 twenty-five percent of the homestead property's just value on 23 January 1 of the year in which the homestead is established, 24 not to exceed twenty-five percent of the median just value of 25 homesteads in the county in which the homestead is located in 26 the year prior to establishing the new homestead. This 27 exemption is not available if any owner of the property has 28 previously owned property that received the homestead 29 exemption provided in subsection (a). The additional homestead 30 exemption shall be reduced each year by the difference between 31 the homestead's just value and assessed value as determined 8 8:50 PM 10/16/07 s0002Dc1d-31-t03
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 102070 1 under subsection (c) of Section 4 until the value of the 2 exemption is reduced to zero. The exemption provided under 3 this subsection shall apply to all levies other than school 4 district levies. 5 (c) By general law and subject to conditions specified 6 therein, the exemption shall be increased to a total of 7 twenty-five thousand dollars of the assessed value of the real 8 estate for each school district levy. By general law and 9 subject to conditions specified therein, the exemption for all 10 other levies may be increased up to an amount not exceeding 11 ten thousand dollars of the assessed value of the real estate 12 if the owner has attained age sixty-five or is totally and 13 permanently disabled and if the owner is not entitled to the 14 exemption provided in subsection (d). 15 (d) By general law and subject to conditions specified 16 therein, the exemption shall be increased to a total of the 17 following amounts of assessed value of real estate for each 18 levy other than those of school districts: fifteen thousand 19 dollars with respect to 1980 assessments; twenty thousand 20 dollars with respect to 1981 assessments; twenty-five thousand 21 dollars with respect to assessments for 1982 and each year 22 thereafter. However, such increase shall not apply with 23 respect to any assessment roll until such roll is first 24 determined to be in compliance with the provisions of section 25 4 by a state agency designated by general law. This 26 subsection shall stand repealed on the effective date of any 27 amendment to section 4 which provides for the assessment of 28 homestead property at a specified percentage of its just 29 value. 30 (d)(e) By general law and subject to conditions 31 specified therein, the Legislature may provide to renters, who 9 8:50 PM 10/16/07 s0002Dc1d-31-t03
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 102070 1 are permanent residents, ad valorem tax relief on all ad 2 valorem tax levies. Such ad valorem tax relief shall be in the 3 form and amount established by general law. 4 (e)(f) The legislature may, by general law, require 5 allow counties or municipalities, for the purpose of their 6 respective tax levies and subject to the provisions of general 7 law, to grant an additional homestead tax exemption not 8 exceeding fifty thousand dollars to any person who has the 9 legal or equitable title to real estate and maintains thereon 10 the permanent residence of the owner and who has attained age 11 sixty-five and whose household income, as defined by general 12 law, does not exceed twenty thousand dollars. The general law 13 must allow counties and municipalities to grant this 14 additional exemption, within the limits prescribed in this 15 subsection, by ordinance adopted in the manner prescribed by 16 general law, and must provide for the periodic adjustment of 17 the income limitation prescribed in this subsection for 18 changes in the cost of living. 19 (f)(g) Each veteran who is age 65 or older who is 20 partially or totally permanently disabled shall receive a 21 discount from the amount of the ad valorem tax otherwise owed 22 on homestead property the veteran owns and resides in if the 23 disability was combat related, the veteran was a resident of 24 this state at the time of entering the military service of the 25 United States, and the veteran was honorably discharged upon 26 separation from military service. The discount shall be in a 27 percentage equal to the percentage of the veteran's permanent, 28 service-connected disability as determined by the United 29 States Department of Veterans Affairs. To qualify for the 30 discount granted by this subsection, an applicant must submit 31 to the county property appraiser, by March 1, proof of 10 8:50 PM 10/16/07 s0002Dc1d-31-t03
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 102070 1 residency at the time of entering military service, an 2 official letter from the United States Department of Veterans 3 Affairs stating the percentage of the veteran's 4 service-connected disability and such evidence that reasonably 5 identifies the disability as combat related, and a copy of the 6 veteran's honorable discharge. If the property appraiser 7 denies the request for a discount, the appraiser must notify 8 the applicant in writing of the reasons for the denial, and 9 the veteran may reapply. The Legislature may, by general law, 10 waive the annual application requirement in subsequent years. 11 This subsection shall take effect December 7, 2006, is 12 self-executing, and does not require implementing legislation. 13 ARTICLE XII 14 SCHEDULE 15 Section 27. Property tax exemptions.--The amendments 16 to Sections 3, 4, and 6 of Article VII, providing a $25,000 17 exemption for tangible personal property, providing an 18 additional $25,000 homestead exemption, authorizing transfer 19 of the accrued benefit from the limitations on the assessment 20 of homestead property, providing an additional homestead 21 exemption for first-time homestead property owners, requiring 22 local governments to provide an additional homestead exemption 23 for low-income seniors, and this section, if submitted to the 24 electors of this state for approval or rejection at a special 25 election authorized by law to be held on January 29, 2008, 26 shall take effect upon approval by the electors and shall 27 operate retroactively to January 1, 2008, or, if submitted to 28 the electors of this state for approval or rejection at the 29 next general election, shall take effect January 1 of the year 30 following such general election. 31 11 8:50 PM 10/16/07 s0002Dc1d-31-t03
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 102070 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 Senate Joint Resolution 7 A joint resolution proposing amendments to 8 Sections 3, 4, and 6 of Article VII and the 9 creation of Section 27 of Article XII of the 10 State Constitution, to provide for an exemption 11 from ad valorem taxation for tangible personal 12 property, to provide for the transfer of the 13 accrued benefit from the limitation on the 14 assessed value of homestead property, to 15 increase the homestead exemption for certain 16 homestead property owners, to create an 17 additional homestead exemption for first-time 18 homestead property owners, and to provide an 19 effective date if such amendments are adopted. 20 21 22 23 24 25 26 27 28 29 30 31 12 8:50 PM 10/16/07 s0002Dc1d-31-t03