Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for SJR 2-D, 2nd Eng.
                        Barcode 392230
                            CHAMBER ACTION
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       10/29/2007 11:51 AM         .                    
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11  Senators Haridopolos and Atwater moved the following Senate
12  amendment to House amendment (540255):
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14         Senate Amendment (with title amendment) 
15         Lines 5-568, delete those lines
16  
17  and insert:  
18         That the following amendments to Sections 3, 4, and 6
19  of Article VII and the creation of Section 27 of Article XII
20  of the State Constitution are agreed to and shall be submitted
21  to the electors of this state for approval or rejection at the
22  next general election or at an earlier special election
23  specifically authorized by law for that purpose:
24                           ARTICLE VII
25                       FINANCE AND TAXATION
26         SECTION 3.  Taxes; exemptions.--
27         (a)  All property owned by a municipality and used
28  exclusively by it for municipal or public purposes shall be
29  exempt from taxation.  A municipality, owning property outside
30  the municipality, may be required by general law to make
31  payment to the taxing unit in which the property is
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    8:59 AM   10/29/07                            s0002De2c-26-j14

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D, 2nd Eng. Barcode 392230 1 located. Such portions of property as are used predominantly 2 for educational, literary, scientific, religious or charitable 3 purposes may be exempted by general law from taxation. 4 (b) There shall be exempt from taxation, cumulatively, 5 to every head of a family residing in this state, household 6 goods and personal effects to the value fixed by general law, 7 not less than one thousand dollars, and to every widow or 8 widower or person who is blind or totally and permanently 9 disabled, property to the value fixed by general law not less 10 than five hundred dollars. 11 (c) Any county or municipality may, for the purpose of 12 its respective tax levy and subject to the provisions of this 13 subsection and general law, grant community and economic 14 development ad valorem tax exemptions to new businesses and 15 expansions of existing businesses, as defined by general law. 16 Such an exemption may be granted only by ordinance of the 17 county or municipality, and only after the electors of the 18 county or municipality voting on such question in a referendum 19 authorize the county or municipality to adopt such 20 ordinances. An exemption so granted shall apply to 21 improvements to real property made by or for the use of a new 22 business and improvements to real property related to the 23 expansion of an existing business and shall also apply to 24 tangible personal property of such new business and tangible 25 personal property related to the expansion of an existing 26 business. The amount or limits of the amount of such exemption 27 shall be specified by general law. The period of time for 28 which such exemption may be granted to a new business or 29 expansion of an existing business shall be determined by 30 general law. The authority to grant such exemption shall 31 expire ten years from the date of approval by the electors of 2 8:59 AM 10/29/07 s0002De2c-26-j14
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D, 2nd Eng. Barcode 392230 1 the county or municipality, and may be renewable by referendum 2 as provided by general law. 3 (d) By general law and subject to conditions specified 4 therein, there may be granted an ad valorem tax exemption to a 5 renewable energy source device and to real property on which 6 such device is installed and operated, to the value fixed by 7 general law not to exceed the original cost of the device, and 8 for the period of time fixed by general law not to exceed ten 9 years. 10 (e) 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 historic preservation ad 13 valorem tax exemptions to owners of historic properties. This 14 exemption may be granted only by ordinance of the county or 15 municipality. The amount or limits of the amount of this 16 exemption and the requirements for eligible properties must be 17 specified by general law. The period of time for which this 18 exemption may be granted to a property owner shall be 19 determined by general law. 20 (f) By general law and subject to conditions specified 21 therein, twenty-five thousand dollars of the assessed value of 22 property subject to tangible personal property tax shall be 23 exempt from ad valorem taxation. 24 SECTION 4. Taxation; assessments.--By general law 25 regulations shall be prescribed which shall secure a just 26 valuation of all property for ad valorem taxation, provided: 27 (a) Agricultural land, land producing high water 28 recharge to Florida's aquifers, or land used exclusively for 29 noncommercial recreational purposes may be classified by 30 general law and assessed solely on the basis of character or 31 use. 3 8:59 AM 10/29/07 s0002De2c-26-j14
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D, 2nd Eng. Barcode 392230 1 (b) Pursuant to general law tangible personal property 2 held for sale as stock in trade and livestock may be valued 3 for taxation at a specified percentage of its value, may be 4 classified for tax purposes, or may be exempted from taxation. 5 (c) All persons entitled to a homestead exemption 6 under Section 6 of this Article shall have their homestead 7 assessed at just value as of January 1 of the year following 8 the effective date of this amendment. This assessment shall 9 change only as provided herein. 10 (1) Assessments subject to this provision shall be 11 changed annually on January 1st of each year; but those 12 changes in assessments shall not exceed the lower of the 13 following: 14 a. Three percent (3%) of the assessment for the prior 15 year. 16 b. The percent change in the Consumer Price Index for 17 all urban consumers, U.S. City Average, all items 1967=100, or 18 successor reports for the preceding calendar year as initially 19 reported by the United States Department of Labor, Bureau of 20 Labor Statistics. 21 (2) No assessment shall exceed just value. 22 (3) After any change of ownership, as provided by 23 general law, homestead property shall be assessed at just 24 value as of January 1 of the following year, unless the 25 provisions of paragraph (8) apply. Thereafter, the homestead 26 shall be assessed as provided herein. 27 (4) New homestead property shall be assessed at just 28 value as of January 1st of the year following the 29 establishment of the homestead, unless the provisions of 30 paragraph (8) apply. That assessment shall only change as 31 provided herein. 4 8:59 AM 10/29/07 s0002De2c-26-j14
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D, 2nd Eng. Barcode 392230 1 (5) Changes, additions, reductions, or improvements to 2 homestead property shall be assessed as provided for by 3 general law; provided, however, after the adjustment for any 4 change, addition, reduction, or improvement, the property 5 shall be assessed as provided herein. 6 (6) In the event of a termination of homestead status, 7 the property shall be assessed as provided by general law. 8 (7) The provisions of this amendment are severable. If 9 any of the provisions of this amendment shall be held 10 unconstitutional by any court of competent jurisdiction, the 11 decision of such court shall not affect or impair any 12 remaining provisions of this amendment. 13 (8)a. A person who establishes a new homestead as of 14 January 1, 2009, or January 1 of any subsequent year and who 15 has received a homestead exemption pursuant to Section 6 of 16 this Article as of January 1 of either of the two years 17 immediately preceding the establishment of the new homestead 18 is entitled to have the new homestead assessed at less than 19 just value. If this revision is approved in January of 2008, a 20 person who establishes a new homestead as of January 1, 2008, 21 is entitled to have the new homestead assessed at less than 22 just value only if that person received a homestead exemption 23 on January 1, 2007. The assessed value of the newly 24 established homestead shall be 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 as of 27 January 1 of the year in which the prior homestead was 28 abandoned, the assessed value of the new homestead shall be 29 the just value of the new homestead minus an amount equal to 30 the lesser of $500,000 or the difference between the just 31 value and the assessed value of the prior homestead as of 5 8:59 AM 10/29/07 s0002De2c-26-j14
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D, 2nd Eng. Barcode 392230 1 January 1 of the year in which the prior homestead was 2 abandoned. Thereafter, the homestead shall be assessed as 3 provided herein. 4 2. If the just value of the new homestead is less than 5 the just value of the prior homestead as of January 1 of the 6 year in which the prior homestead was abandoned, the assessed 7 value of the new homestead shall be equal to the just value of 8 the new homestead divided by the just value of the prior 9 homestead and multiplied by the assessed value of the prior 10 homestead. However, if the difference between the just value 11 of the new homestead and the assessed value of the new 12 homestead calculated pursuant to this sub-subparagraph is 13 greater than $500,000, the assessed value of the new homestead 14 shall be increased so that the difference between the just 15 value and the assessed value equals $500,000. Thereafter, the 16 homestead shall be assessed as provided herein. 17 b. By general law and subject to conditions specified 18 therein, the Legislature shall provide for application of this 19 paragraph to property owned by more than one person. 20 (d) The legislature may, by general law, for 21 assessment purposes and subject to the provisions of this 22 subsection, allow counties and municipalities to authorize by 23 ordinance that historic property may be assessed solely on the 24 basis of character or use. Such character or use assessment 25 shall apply only to the jurisdiction adopting the ordinance. 26 The requirements for eligible properties must be specified by 27 general law. 28 (e) A county may, in the manner prescribed by general 29 law, provide for a reduction in the assessed value of 30 homestead property to the extent of any increase in the 31 assessed value of that property which results from the 6 8:59 AM 10/29/07 s0002De2c-26-j14
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D, 2nd Eng. Barcode 392230 1 construction or reconstruction of the property for the purpose 2 of providing living quarters for one or more natural or 3 adoptive grandparents or parents of the owner of the property 4 or of the owner's spouse if at least one of the grandparents 5 or parents for whom the living quarters are provided is 62 6 years of age or older. Such a reduction may not exceed the 7 lesser of the following: 8 (1) The increase in assessed value resulting from 9 construction or reconstruction of the property. 10 (2) Twenty percent of the total assessed value of the 11 property as improved. 12 (f) For all levies other than school district levies, 13 assessments of residential real property, as defined by 14 general law, which contains nine units or fewer and which is 15 not subject to the assessment limitations set forth in 16 subsections (a) through (c) shall change only as provided in 17 this subsection. 18 (1) Assessments subject to this subsection shall be 19 changed annually on the date of assessment provided by law; 20 but those changes in assessments shall not exceed ten percent 21 (10%) of the assessment for the prior year. 22 (2) No assessment shall exceed just value. 23 (3) After a change of ownership or control, as defined 24 by general law, including any change of ownership of a legal 25 entity that owns the property, such property shall be assessed 26 at just value as of the next assessment date. Thereafter, such 27 property shall be assessed as provided in this subsection. 28 (4) Changes, additions, reductions, or improvements to 29 such property shall be assessed as provided for by general 30 law; however, after the adjustment for any change, addition, 31 reduction, or improvement, the property shall be assessed as 7 8:59 AM 10/29/07 s0002De2c-26-j14
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D, 2nd Eng. Barcode 392230 1 provided in this subsection. 2 (g) For all levies other than school district levies, 3 assessments of real property that is not subject to the 4 assessment limitations set forth in subsections (a) through 5 (c) and (f) shall change only as provided in this subsection. 6 (1) Assessments subject to this subsection shall be 7 changed annually on the date of assessment provided by law; 8 but those changes in assessments shall not exceed ten percent 9 (10%) of the assessment for the prior year. 10 (2) No assessment shall exceed just value. 11 (3) The legislature must provide that such property 12 shall be assessed at just value as of the next assessment date 13 after a qualifying improvement, as defined by general law, is 14 made to such property. Thereafter, such property shall be 15 assessed as provided in this subsection. 16 (4) The legislature may provide that such property 17 shall be assessed at just value as of the next assessment date 18 after a change of ownership or control, as defined by general 19 law, including any change of ownership of the legal entity 20 that owns the property. Thereafter, such property shall be 21 assessed as provided in this subsection. 22 (5) Changes, additions, reductions, or improvements to 23 such property shall be assessed as provided for by general 24 law; however, after the adjustment for any change, addition, 25 reduction, or improvement, the property shall be assessed as 26 provided in this subsection. 27 SECTION 6. Homestead exemptions.-- 28 (a) Every person who has the legal or equitable title 29 to real estate and maintains thereon the permanent residence 30 of the owner, or another legally or naturally dependent upon 31 the owner, shall be exempt from taxation thereon, except 8 8:59 AM 10/29/07 s0002De2c-26-j14
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D, 2nd Eng. Barcode 392230 1 assessments for special benefits, up to the assessed valuation 2 of twenty-five five thousand dollars and, for all levies other 3 than school district levies, on the assessed valuation greater 4 than fifty thousand dollars and up to seventy-five thousand 5 dollars, upon establishment of right thereto in the manner 6 prescribed by law. The real estate may be held by legal or 7 equitable title, by the entireties, jointly, in common, as a 8 condominium, or indirectly by stock ownership or membership 9 representing the owner's or member's proprietary interest in a 10 corporation owning a fee or a leasehold initially in excess of 11 ninety-eight years. The exemption shall not apply with respect 12 to any assessment roll until such roll is first determined to 13 be in compliance with the provisions of section 4 by a state 14 agency designated by general law. This exemption is repealed 15 on the effective date of any amendment to this Article which 16 provides for the assessment of homestead property at less than 17 just value. 18 (b) Not more than one exemption shall be allowed any 19 individual or family unit or with respect to any residential 20 unit. No exemption shall exceed the value of the real estate 21 assessable to the owner or, in case of ownership through stock 22 or membership in a corporation, the value of the proportion 23 which the interest in the corporation bears to the assessed 24 value of the property. 25 (c) By general law and subject to conditions specified 26 therein, the exemption shall be increased to a total of 27 twenty-five thousand dollars of the assessed value of the real 28 estate for each school district levy. By general law and 29 subject to conditions specified therein, the exemption for all 30 other levies may be increased up to an amount not exceeding 31 ten thousand dollars of the assessed value of the real estate 9 8:59 AM 10/29/07 s0002De2c-26-j14
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D, 2nd Eng. Barcode 392230 1 if the owner has attained age sixty-five or is totally and 2 permanently disabled and if the owner is not entitled to the 3 exemption provided in subsection (d). 4 (d) By general law and subject to conditions specified 5 therein, the exemption shall be increased to a total of the 6 following amounts of assessed value of real estate for each 7 levy other than those of school districts: fifteen thousand 8 dollars with respect to 1980 assessments; twenty thousand 9 dollars with respect to 1981 assessments; twenty-five thousand 10 dollars with respect to assessments for 1982 and each year 11 thereafter. However, such increase shall not apply with 12 respect to any assessment roll until such roll is first 13 determined to be in compliance with the provisions of section 14 4 by a state agency designated by general law. This 15 subsection shall stand repealed on the effective date of any 16 amendment to section 4 which provides for the assessment of 17 homestead property at a specified percentage of its just 18 value. 19 (c)(e) By general law and subject to conditions 20 specified therein, the Legislature may provide to renters, who 21 are permanent residents, ad valorem tax relief on all ad 22 valorem tax levies. Such ad valorem tax relief shall be in the 23 form and amount established by general law. 24 (d)(f) The legislature may, by general law, allow 25 counties or municipalities, for the purpose of their 26 respective tax levies and subject to the provisions of general 27 law, to grant an additional homestead tax exemption not 28 exceeding fifty thousand dollars to any person who has the 29 legal or equitable title to real estate and maintains thereon 30 the permanent residence of the owner and who has attained age 31 sixty-five and whose household income, as defined by general 10 8:59 AM 10/29/07 s0002De2c-26-j14
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D, 2nd Eng. Barcode 392230 1 law, does not exceed twenty thousand dollars. The general law 2 must allow counties and municipalities to grant this 3 additional exemption, within the limits prescribed in this 4 subsection, by ordinance adopted in the manner prescribed by 5 general law, and must provide for the periodic adjustment of 6 the income limitation prescribed in this subsection for 7 changes in the cost of living. 8 (e)(g) Each veteran who is age 65 or older who is 9 partially or totally permanently disabled shall receive a 10 discount from the amount of the ad valorem tax otherwise owed 11 on homestead property the veteran owns and resides in if the 12 disability was combat related, the veteran was a resident of 13 this state at the time of entering the military service of the 14 United States, and the veteran was honorably discharged upon 15 separation from military service. The discount shall be in a 16 percentage equal to the percentage of the veteran's permanent, 17 service-connected disability as determined by the United 18 States Department of Veterans Affairs. To qualify for the 19 discount granted by this subsection, an applicant must submit 20 to the county property appraiser, by March 1, proof of 21 residency at the time of entering military service, an 22 official letter from the United States Department of Veterans 23 Affairs stating the percentage of the veteran's 24 service-connected disability and such evidence that reasonably 25 identifies the disability as combat related, and a copy of the 26 veteran's honorable discharge. If the property appraiser 27 denies the request for a discount, the appraiser must notify 28 the applicant in writing of the reasons for the denial, and 29 the veteran may reapply. The Legislature may, by general law, 30 waive the annual application requirement in subsequent years. 31 This subsection shall take effect December 7, 2006, is 11 8:59 AM 10/29/07 s0002De2c-26-j14
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D, 2nd Eng. Barcode 392230 1 self-executing, and does not require implementing legislation. 2 ARTICLE XII 3 SCHEDULE 4 SECTION 27. Property tax exemptions and limitations on 5 property tax assessments.--The amendments to Sections 3, 4, 6 and 6 of Article VII, providing a $25,000 exemption for 7 tangible personal property, providing an additional $25,000 8 homestead exemption, authorizing transfer of the accrued 9 benefit from the limitations on the assessment of homestead 10 property, and this section, if submitted to the electors of 11 this state for approval or rejection at a special election 12 authorized by law to be held on January 29, 2008, shall take 13 effect upon approval by the electors and shall operate 14 retroactively to January 1, 2008, or, if submitted to the 15 electors of this state for approval or rejection at the next 16 general election, shall take effect January 1 of the year 17 following such general election. The amendments to Section 4 18 of Article VII creating subsections (f) and (g) of that 19 section, creating a limitation on annual assessment increases 20 for specified real property, shall take effect upon approval 21 of the electors and shall first limit assessments beginning 22 January 1, 2009, if approved at a special election held on 23 January 29, 2008, or shall first limit assessments beginning 24 January 1, 2010, if approved at the general election held in 25 November of 2008. Subsections (f) and (g) of Section 4 of 26 Article VII are repealed effective January 1, 2019; however, 27 the legislature shall by joint resolution propose an amendment 28 abrogating the repeal of subsections (f) and (g), which shall 29 be submitted to the electors of this state for approval or 30 rejection at the general election of 2018 and, if approved, 31 shall take effect January 1, 2019. 12 8:59 AM 10/29/07 s0002De2c-26-j14
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D, 2nd Eng. Barcode 392230 1 BE IT FURTHER RESOLVED that the following statement be 2 placed on the ballot: 3 CONSTITUTIONAL REVISION 4 ARTICLE VII, SECTIONS 3, 4, AND 6 5 ARTICLE XII, SECTION 27 6 PROPERTY TAX EXEMPTIONS; LIMITATIONS ON PROPERTY TAX 7 ASSESSMENTS.--This revision proposes changes to the State 8 Constitution relating to property taxation. With respect to 9 homestead property, this revision: (1) increases the homestead 10 exemption for levies other than school district levies and (2) 11 provides for the transfer of Save-Our-Homes benefits. With 12 respect to nonhomestead property, this revision (3) provides a 13 $25,000 exemption for tangible personal property and (4) 14 provides for limitations on assessment increases for specified 15 real property that is not homestead property for levies other 16 than school district levies. 17 In more detail, this revision: 18 (1) Increases the homestead exemption by exempting the 19 assessed value greater than $50,000 and up to $75,000. This 20 exemption does not apply to school district levies. 21 (2) Provides for the transfer of accumulated 22 Save-Our-Homes benefits. Homestead property owners will be 23 able to transfer their Save-Our-Homes benefit to a new 24 homestead within 1 year and not more than 2 years after 25 relinquishing their previous homestead; except, if this 26 revision is approved by the electors in January of 2008 and if 27 the new homestead is established on January 1, 2008, the 28 previous homestead must have been relinquished in 2007. If the 29 new homestead has a higher just value than the old one, the 30 accumulated benefit can be transferred; if the new homestead 31 has a lower just value, the amount of benefit transferred will 13 8:59 AM 10/29/07 s0002De2c-26-j14
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D, 2nd Eng. Barcode 392230 1 be reduced. The transferred benefit may not exceed $500,000. 2 This provision applies to all tax levies. 3 (3) Authorizes an exemption from property taxes of 4 $25,000 of assessed value of tangible personal property. This 5 provision applies to all tax levies. 6 (4) Limits the assessment increase for specified real 7 property that is not entitled to the homestead exemption to 10 8 percent each year. Property will be assessed at just value 9 following an improvement, as defined by general law, and may 10 be assessed at just value following a change of ownership or 11 control if provided by general law. This limitation does not 12 apply to school district levies. This limitation is repealed 13 effective January 1, 2019, unless renewed by a vote of the 14 electors in the general election held in 2018. 15 Further, this revision: 16 a. Repeals obsolete language on the homestead 17 exemption when it was less than $25,000 and did not apply 18 uniformly to property taxes levied by all local governments. 19 b. Provides for homestead exemptions to be repealed if 20 a future constitutional amendment provides for assessment of 21 homesteads "at less than just value" rather than as currently 22 provided "at a specified percentage" of just value. 23 c. Schedules the changes to take effect upon approval 24 by the electors and operate retroactively to January 1, 2008, 25 if approved in a special election held on January 29, 2008, or 26 to take effect January 1, 2009, if approved in the general 27 election held in November of 2008. The limitation on annual 28 assessment increases for specified real property shall first 29 apply to the 2009 tax roll if this revision is approved in a 30 special election held on January 29, 2008, or shall first 31 apply to the 2010 tax roll if this revision is approved in the 14 8:59 AM 10/29/07 s0002De2c-26-j14
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D, 2nd Eng. Barcode 392230 1 general election held in November of 2008. 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 Lines 573-591, delete those lines 7 8 and insert: 9 Senate Joint Resolution 10 A joint resolution proposing amendments to 11 Sections 3, 4, and 6 of Article VII and the 12 creation of Section 27 of Article XII of the 13 State Constitution, to require an exemption 14 from ad valorem taxation for tangible personal 15 property, to provide for the transfer of the 16 accrued benefit from the limitation on the 17 assessed value of homestead property, to create 18 a limitation on annual assessment increases for 19 specified real property, to increase the 20 homestead exemption, and to provide an 21 effective date if such amendments are adopted. 22 23 24 25 26 27 28 29 30 31 15 8:59 AM 10/29/07 s0002De2c-26-j14