Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for SJR 2-D
                        Barcode 874950
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 11/F/2R          .                    
       10/17/2007 02:54 PM         .                    
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11  Senators Geller, Deutch, Ring, Justice, Rich, Bullard,
12  Aronberg, Lawson, Joyner, Dawson, and Siplin moved the
13  following amendment:
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15         Senate Amendment (with title amendment) 
16         Delete everything after the enacting clause
17  
18  and insert:  
19         That the following amendments to Sections 3, 4, and 6
20  of Article VII and the creation of Section 27 of Article XII
21  of the State Constitution are agreed to and shall be submitted
22  to the electors of this state for approval or rejection at the
23  next general election or at an earlier special election
24  specifically authorized by law for that purpose:
25                           ARTICLE VII
26                       FINANCE AND TAXATION
27         SECTION 3.  Taxes; exemptions.--
28         (a)  All property owned by a municipality and used
29  exclusively by it for municipal or public purposes shall be
30  exempt from taxation.  A municipality, owning property outside
31  the municipality, may be required by general law to make
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 874950 1 payment to the taxing unit in which the property is 2 located. Such portions of property as are used predominantly 3 for educational, literary, scientific, religious or charitable 4 purposes may be exempted by general law from taxation. 5 (b) There shall be exempt from taxation, cumulatively, 6 to every head of a family residing in this state, household 7 goods and personal effects to the value fixed by general law, 8 not less than one thousand dollars, and to every widow or 9 widower or person who is blind or totally and permanently 10 disabled, property to the value fixed by general law not less 11 than five hundred dollars. 12 (c) Any county or municipality may, for the purpose of 13 its respective tax levy and subject to the provisions of this 14 subsection and general law, grant community and economic 15 development ad valorem tax exemptions to new businesses and 16 expansions of existing businesses, as defined by general law. 17 Such an exemption may be granted only by ordinance of the 18 county or municipality, and only after the electors of the 19 county or municipality voting on such question in a referendum 20 authorize the county or municipality to adopt such 21 ordinances. An exemption so granted shall apply to 22 improvements to real property made by or for the use of a new 23 business and improvements to real property related to the 24 expansion of an existing business and shall also apply to 25 tangible personal property of such new business and tangible 26 personal property related to the expansion of an existing 27 business. The amount or limits of the amount of such exemption 28 shall be specified by general law. The period of time for 29 which such exemption may be granted to a new business or 30 expansion of an existing business shall be determined by 31 general law. The authority to grant such exemption shall 2 10:27 AM 10/17/07 s0002Dc1d-31-39m
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 874950 1 expire ten years from the date of approval by the electors of 2 the county or municipality, and may be renewable by referendum 3 as provided by general law. 4 (d) By general law and subject to conditions specified 5 therein, there may be granted an ad valorem tax exemption to a 6 renewable energy source device and to real property on which 7 such device is installed and operated, to the value fixed by 8 general law not to exceed the original cost of the device, and 9 for the period of time fixed by general law not to exceed ten 10 years. 11 (e) 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 historic preservation ad 14 valorem tax exemptions to owners of historic properties. This 15 exemption may be granted only by ordinance of the county or 16 municipality. The amount or limits of the amount of this 17 exemption and the requirements for eligible properties must be 18 specified by general law. The period of time for which this 19 exemption may be granted to a property owner shall be 20 determined by general law. 21 (f) By general law and subject to conditions specified 22 therein, twenty-five thousand dollars of the assessed value of 23 property subject to tangible personal property tax shall be 24 exempt from ad valorem taxation. 25 SECTION 4. Taxation; assessments.--By general law 26 regulations shall be prescribed which shall secure a just 27 valuation of all property for ad valorem taxation, provided: 28 (a) Agricultural land, land producing high water 29 recharge to Florida's aquifers, or land used exclusively for 30 noncommercial recreational purposes may be classified by 31 general law and assessed solely on the basis of character or 3 10:27 AM 10/17/07 s0002Dc1d-31-39m
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 874950 1 use. 2 (b) Pursuant to general law tangible personal property 3 held for sale as stock in trade and livestock may be valued 4 for taxation at a specified percentage of its value, may be 5 classified for tax purposes, or may be exempted from taxation. 6 (c) All persons entitled to a homestead exemption 7 under Section 6 of this Article shall have their homestead 8 assessed at just value as of January 1 of the year following 9 the effective date of this amendment. This assessment shall 10 change only as provided herein. 11 (1) Assessments subject to this provision shall be 12 changed annually on January 1st of each year; but those 13 changes in assessments shall not exceed the lower of the 14 following: 15 a. Three percent (3%) of the assessment for the prior 16 year. 17 b. The percent change in the Consumer Price Index for 18 all urban consumers, U.S. City Average, all items 1967=100, or 19 successor reports for the preceding calendar year as initially 20 reported by the United States Department of Labor, Bureau of 21 Labor Statistics. 22 (2) No assessment shall exceed just value. 23 (3) After any change of ownership, as provided by 24 general law, homestead property shall be assessed at just 25 value as of January 1 of the following year, unless the 26 provisions of paragraph (8) apply. Thereafter, the homestead 27 shall be assessed as provided herein. 28 (4) New homestead property shall be assessed at just 29 value as of January 1st of the year following the 30 establishment of the homestead, unless the provisions of 31 paragraph (8) apply. That assessment shall only change as 4 10:27 AM 10/17/07 s0002Dc1d-31-39m
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 874950 1 provided herein. 2 (5) Changes, additions, reductions, or improvements to 3 homestead property shall be assessed as provided for by 4 general law; provided, however, after the adjustment for any 5 change, addition, reduction, or improvement, the property 6 shall be assessed as provided herein. 7 (6) In the event of a termination of homestead status, 8 the property shall be assessed as provided by general law. 9 (7) The provisions of this amendment are severable. If 10 any of the provisions of this amendment shall be held 11 unconstitutional by any court of competent jurisdiction, the 12 decision of such court shall not affect or impair any 13 remaining provisions of this amendment. 14 (8)a. For all levies other than school district 15 levies, a person who establishes a new homestead as of January 16 1, 2009, or January 1 of any subsequent year and who has 17 received a homestead exemption pursuant to Section 6 of 18 Article VII of this constitution as of January 1 of either of 19 the two years immediately preceding the establishment of the 20 new homestead is entitled to have the new homestead assessed 21 at less than just value. A person who establishes a new 22 homestead as of January 1, 2008, is entitled to have the new 23 homestead assessed at less than just value only if that person 24 received a homestead exemption on January 1, 2007. The 25 assessed value of the newly established homestead shall be 26 determined as follows: 27 1. If the just value of the new homestead is greater 28 than or equal to the just value of the prior homestead of the 29 person establishing the new homestead as of January 1 of the 30 year in which the prior homestead was abandoned, the assessed 31 value of the new homestead shall be the just value of the new 5 10:27 AM 10/17/07 s0002Dc1d-31-39m
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 874950 1 homestead minus an amount equal to the lesser of $1 million or 2 the difference between the just value and the assessed value 3 of the prior homestead as of January 1 of the year in which 4 the prior homestead was abandoned. Thereafter, the homestead 5 shall be assessed as provided herein. 6 2. If the just value of the new homestead is less than 7 the just value of the prior homestead of the person 8 establishing the new homestead as of January 1 of the year in 9 which the prior homestead was abandoned, the assessed value of 10 the new homestead shall be equal to the just value of the new 11 homestead divided by the just value of the prior homestead and 12 multiplied by the assessed value of the prior homestead. 13 However, if the difference between the just value of the new 14 homestead and the assessed value of the new homestead 15 calculated pursuant to this sub-subparagraph is greater than 16 $1 million the assessed value of the new homestead shall be 17 increased so that the difference between the just value and 18 the assessed value equals $1 million. Thereafter, the 19 homestead shall be assessed as provided herein. 20 b. By general law and subject to conditions specified 21 therein, the Legislature shall provide for application of this 22 paragraph to property owned by more than one person. 23 (d) The legislature may, by general law, for 24 assessment purposes and subject to the provisions of this 25 subsection, allow counties and municipalities to authorize by 26 ordinance that historic property may be assessed solely on the 27 basis of character or use. Such character or use assessment 28 shall apply only to the jurisdiction adopting the ordinance. 29 The requirements for eligible properties must be specified by 30 general law. 31 (e) A county may, in the manner prescribed by general 6 10:27 AM 10/17/07 s0002Dc1d-31-39m
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 874950 1 law, provide for a reduction in the assessed value of 2 homestead property to the extent of any increase in the 3 assessed value of that property which results from the 4 construction or reconstruction of the property for the purpose 5 of providing living quarters for one or more natural or 6 adoptive grandparents or parents of the owner of the property 7 or of the owner's spouse if at least one of the grandparents 8 or parents for whom the living quarters are provided is 62 9 years of age or older. Such a reduction may not exceed the 10 lesser of the following: 11 (1) The increase in assessed value resulting from 12 construction or reconstruction of the property. 13 (2) Twenty percent of the total assessed value of the 14 property as improved. 15 SECTION 6. Homestead exemptions.-- 16 (a) Every person who has the legal or equitable title 17 to real estate and maintains thereon the permanent residence 18 of the owner, or another legally or naturally dependent upon 19 the owner, shall be exempt from taxation thereon, except 20 assessments for special benefits, up to the assessed valuation 21 of twenty-five five thousand dollars and, for all levies other 22 than school district levies and levies for dependent or 23 independent special districts or municipal service taxing 24 units the primary function of which is to provide emergency 25 medical or fire rescue services, on the assessed valuation 26 greater than fifty thousand dollars and up to seventy-five 27 thousand dollars if the just value of the real estate is less 28 than $500,000, upon establishment of right thereto in the 29 manner prescribed by law. The real estate may be held by 30 legal or equitable title, by the entireties, jointly, in 31 common, as a condominium, or indirectly by stock ownership or 7 10:27 AM 10/17/07 s0002Dc1d-31-39m
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 874950 1 membership representing the owner's or member's proprietary 2 interest in a corporation owning a fee or a leasehold 3 initially in excess of ninety-eight years. The exemption shall 4 not apply with respect to any assessment roll until such roll 5 is first determined to be in compliance with the provisions of 6 section 4 by a state agency designated by general law. This 7 exemption is repealed on the effective date of any amendment 8 to this Article which provides for the assessment of homestead 9 property at less than just value. 10 (b) Not more than one exemption shall be allowed any 11 individual or family unit or with respect to any residential 12 unit. No exemption shall exceed the value of the real estate 13 assessable to the owner or, in case of ownership through stock 14 or membership in a corporation, the value of the proportion 15 which the interest in the corporation bears to the assessed 16 value of the property. 17 (c) As provided by general law and subject to 18 conditions specified therein, each person who establishes the 19 right to receive the homestead exemption provided in 20 subsection (a) within one year after purchasing the homestead 21 property and who had not previously owned property receiving 22 the homestead exemption provided in subsection (a) is entitled 23 to an additional homestead exemption in an amount equal to 24 twenty-five percent of the homestead property's just value on 25 January 1 of the year in which the homestead is established, 26 not to exceed twenty-five percent of the median just value of 27 homesteads in the county in which the homestead is located in 28 the year prior to establishing the new homestead. This 29 exemption is not available if any owner of the property has 30 previously owned property that received the homestead 31 exemption provided in subsection (a). The additional homestead 8 10:27 AM 10/17/07 s0002Dc1d-31-39m
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 874950 1 exemption shall be reduced each year by the difference between 2 the homestead's just value and assessed value as determined 3 under subsection (c) of Section 4 until the value of the 4 exemption is reduced to zero. The exemption provided under 5 this subsection shall apply to all levies other than school 6 district levies. 7 (c) By general law and subject to conditions specified 8 therein, the exemption shall be increased to a total of 9 twenty-five thousand dollars of the assessed value of the real 10 estate for each school district levy. By general law and 11 subject to conditions specified therein, the exemption for all 12 other levies may be increased up to an amount not exceeding 13 ten thousand dollars of the assessed value of the real estate 14 if the owner has attained age sixty-five or is totally and 15 permanently disabled and if the owner is not entitled to the 16 exemption provided in subsection (d). 17 (d) By general law and subject to conditions specified 18 therein, the exemption shall be increased to a total of the 19 following amounts of assessed value of real estate for each 20 levy other than those of school districts: fifteen thousand 21 dollars with respect to 1980 assessments; twenty thousand 22 dollars with respect to 1981 assessments; twenty-five thousand 23 dollars with respect to assessments for 1982 and each year 24 thereafter. However, such increase shall not apply with 25 respect to any assessment roll until such roll is first 26 determined to be in compliance with the provisions of section 27 4 by a state agency designated by general law. This 28 subsection shall stand repealed on the effective date of any 29 amendment to section 4 which provides for the assessment of 30 homestead property at a specified percentage of its just 31 value. 9 10:27 AM 10/17/07 s0002Dc1d-31-39m
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 874950 1 (d)(e) By general law and subject to conditions 2 specified therein, the Legislature may provide to renters, who 3 are permanent residents, ad valorem tax relief on all ad 4 valorem tax levies. Such ad valorem tax relief shall be in the 5 form and amount established by general law. 6 (e)(f) The legislature may, by general law, require 7 allow counties or municipalities, for the purpose of their 8 respective tax levies and subject to the provisions of general 9 law, to grant an additional homestead tax exemption not 10 exceeding fifty thousand dollars to any person who has the 11 legal or equitable title to real estate and maintains thereon 12 the permanent residence of the owner and who has attained age 13 sixty-five and whose household income, as defined by general 14 law, does not exceed twenty thousand dollars. The general law 15 must allow counties and municipalities to grant this 16 additional exemption, within the limits prescribed in this 17 subsection, by ordinance adopted in the manner prescribed by 18 general law, and must provide for the periodic adjustment of 19 the income limitation prescribed in this subsection for 20 changes in the cost of living. 21 (f)(g) Each veteran who is age 65 or older who is 22 partially or totally permanently disabled shall receive a 23 discount from the amount of the ad valorem tax otherwise owed 24 on homestead property the veteran owns and resides in if the 25 disability was combat related, the veteran was a resident of 26 this state at the time of entering the military service of the 27 United States, and the veteran was honorably discharged upon 28 separation from military service. The discount shall be in a 29 percentage equal to the percentage of the veteran's permanent, 30 service-connected disability as determined by the United 31 States Department of Veterans Affairs. To qualify for the 10 10:27 AM 10/17/07 s0002Dc1d-31-39m
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 874950 1 discount granted by this subsection, an applicant must submit 2 to the county property appraiser, by March 1, proof of 3 residency at the time of entering military service, an 4 official letter from the United States Department of Veterans 5 Affairs stating the percentage of the veteran's 6 service-connected disability and such evidence that reasonably 7 identifies the disability as combat related, and a copy of the 8 veteran's honorable discharge. If the property appraiser 9 denies the request for a discount, the appraiser must notify 10 the applicant in writing of the reasons for the denial, and 11 the veteran may reapply. The Legislature may, by general law, 12 waive the annual application requirement in subsequent years. 13 This subsection shall take effect December 7, 2006, is 14 self-executing, and does not require implementing legislation. 15 ARTICLE XII 16 SCHEDULE 17 Section 27. Property tax exemptions.--The amendments 18 to Sections 3, 4, and 6 of Article VII, providing a $25,000 19 exemption for tangible personal property, providing an 20 additional $25,000 homestead exemption, authorizing transfer 21 of the accrued benefit from the limitations on the assessment 22 of homestead property, providing an additional homestead 23 exemption for first-time homestead property owners, requiring 24 local governments to provide an additional homestead exemption 25 for low-income seniors, and this section, if submitted to the 26 electors of this state for approval or rejection at a special 27 election authorized by law to be held on January 29, 2008, 28 shall take effect upon approval by the electors and shall 29 operate retroactively to January 1, 2008, or, if submitted to 30 the electors of this state for approval or rejection at the 31 next general election, shall take effect January 1 of the year 11 10:27 AM 10/17/07 s0002Dc1d-31-39m
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SJR 2-D Barcode 874950 1 following such general election. 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 Delete everything before the enacting clause 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 provide for 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 18 increase the homestead exemption for certain 19 homestead property owners, to create an 20 additional homestead exemption for first-time 21 homestead property owners, and to provide an 22 effective date if such amendments are adopted. 23 24 25 26 27 28 29 30 31 12 10:27 AM 10/17/07 s0002Dc1d-31-39m