1 | Representative(s) Seiler offered the following: |
2 |
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3 | Amendment (with ballot statement and title amendments) |
4 | Remove line(s) 26-474 and insert: |
5 | Section 19 of Article VII and Sections 27 and 28 of Article XII |
6 | of the State Constitution are agreed to and shall be submitted |
7 | to the electors of this state for approval or rejection at the |
8 | next general election or at an earlier special election |
9 | specifically authorized by law for that purpose: |
10 | ARTICLE VII |
11 | FINANCE AND TAXATION |
12 | SECTION 3. Taxes; exemptions.-- |
13 | (a) All property owned by a municipality and used |
14 | exclusively by it for municipal or public purposes shall be |
15 | exempt from taxation. A municipality, owning property outside |
16 | the municipality, may be required by general law to make payment |
17 | to the taxing unit in which the property is located. Such |
18 | portions of property as are used predominantly for educational, |
19 | literary, scientific, religious or charitable purposes may be |
20 | exempted by general law from taxation. |
21 | (b) There shall be exempt from taxation, cumulatively, to |
22 | every head of a family residing in this state, household goods |
23 | and personal effects to the value fixed by general law, not less |
24 | than one thousand dollars, and to every widow or widower or |
25 | person who is blind or totally and permanently disabled, |
26 | property to the value fixed by general law not less than five |
27 | hundred dollars. |
28 | (c) Any county or municipality may, for the purpose of its |
29 | respective tax levy and subject to the provisions of this |
30 | subsection and general law, grant community and economic |
31 | development ad valorem tax exemptions to new businesses and |
32 | expansions of existing businesses, as defined by general law. |
33 | Such an exemption may be granted only by ordinance of the county |
34 | or municipality, and only after the electors of the county or |
35 | municipality voting on such question in a referendum authorize |
36 | the county or municipality to adopt such ordinances. An |
37 | exemption so granted shall apply to improvements to real |
38 | property made by or for the use of a new business and |
39 | improvements to real property related to the expansion of an |
40 | existing business and shall also apply to tangible personal |
41 | property of such new business and tangible personal property |
42 | related to the expansion of an existing business. The amount or |
43 | limits of the amount of such exemption shall be specified by |
44 | general law. The period of time for which such exemption may be |
45 | granted to a new business or expansion of an existing business |
46 | shall be determined by general law. The authority to grant such |
47 | exemption shall expire ten years from the date of approval by |
48 | the electors of the county or municipality, and may be renewable |
49 | by referendum as provided by general law. |
50 | (d) By general law and subject to conditions specified |
51 | therein, there may be granted an ad valorem tax exemption to a |
52 | renewable energy source device and to real property on which |
53 | such device is installed and operated, to the value fixed by |
54 | general law not to exceed the original cost of the device, and |
55 | for the period of time fixed by general law not to exceed ten |
56 | years. |
57 | (e) Any county or municipality may, for the purpose of its |
58 | respective tax levy and subject to the provisions of this |
59 | subsection and general law, grant historic preservation ad |
60 | valorem tax exemptions to owners of historic properties. This |
61 | exemption may be granted only by ordinance of the county or |
62 | municipality. The amount or limits of the amount of this |
63 | exemption and the requirements for eligible properties must be |
64 | specified by general law. The period of time for which this |
65 | exemption may be granted to a property owner shall be determined |
66 | by general law. |
67 | (f) By general law and subject to conditions specified |
68 | therein, twenty-five thousand dollars of the assessed value of |
69 | property subject to tangible personal property tax shall be |
70 | exempt from ad valorem taxation. |
71 | SECTION 4. Taxation; assessments.--By general law |
72 | regulations shall be prescribed which shall secure a just |
73 | valuation of all property for ad valorem taxation, provided: |
74 | (a) Agricultural land, land producing high water recharge |
75 | to Florida's aquifers, or land used exclusively for |
76 | noncommercial recreational purposes may be classified by general |
77 | law and assessed solely on the basis of character or use. |
78 | (b) Pursuant to general law tangible personal property |
79 | held for sale as stock in trade and livestock may be valued for |
80 | taxation at a specified percentage of its value, may be |
81 | classified for tax purposes, or may be exempted from taxation. |
82 | (c) All persons entitled to a homestead exemption under |
83 | Section 6 of this Article shall have their homestead assessed at |
84 | just value as of January 1 of the year following the effective |
85 | date of this amendment. This assessment shall change only as |
86 | provided herein. |
87 | (1) Assessments subject to this provision shall be changed |
88 | annually on January 1st of each year; but those changes in |
89 | assessments shall not exceed the lower of the following: |
90 | a. Three percent (3%) of the assessment for the prior |
91 | year. |
92 | b. The percent change in the Consumer Price Index for all |
93 | urban consumers, U.S. City Average, all items 1967=100, or |
94 | successor reports for the preceding calendar year as initially |
95 | reported by the United States Department of Labor, Bureau of |
96 | Labor Statistics. |
97 | (2) No assessment shall exceed just value. |
98 | (3) After any change of ownership, as provided by general |
99 | law, homestead property shall be assessed at just value as of |
100 | January 1 of the following year, unless the provisions of |
101 | paragraph (8) apply. Thereafter, the homestead shall be assessed |
102 | as provided herein. |
103 | (4) New homestead property shall be assessed at just value |
104 | as of January 1st of the year following the establishment of the |
105 | homestead, unless the provisions of paragraph (8) apply. That |
106 | assessment shall only change as provided herein. |
107 | (5) Changes, additions, reductions, or improvements to |
108 | homestead property shall be assessed as provided for by general |
109 | law; provided, however, after the adjustment for any change, |
110 | addition, reduction, or improvement, the property shall be |
111 | assessed as provided herein. |
112 | (6) In the event of a termination of homestead status, the |
113 | property shall be assessed as provided by general law. |
114 | (7) The provisions of this amendment are severable. If any |
115 | of the provisions of this amendment shall be held |
116 | unconstitutional by any court of competent jurisdiction, the |
117 | decision of such court shall not affect or impair any remaining |
118 | provisions of this amendment. |
119 | (8)a. For all levies other than school district levies, a |
120 | person who establishes a new homestead as of January 1, 2009, or |
121 | January 1 of any subsequent year and who has received a |
122 | homestead exemption pursuant to Section 6 of this Article as of |
123 | January 1 of either of the two years immediately preceding the |
124 | establishment of the new homestead is entitled to have the new |
125 | homestead assessed at less than just value. A person who |
126 | establishes a new homestead as of January 1, 2008, is entitled |
127 | to have the new homestead assessed at less than just value only |
128 | if that person received a homestead exemption on January 1, |
129 | 2007. The assessed value of the newly established homestead |
130 | shall be determined as follows: |
131 | 1. If the just value of the new homestead is greater than |
132 | or equal to the just value of the prior homestead of the person |
133 | establishing the new homestead as of January 1 of the year in |
134 | which the prior homestead was abandoned, the assessed value of |
135 | the new homestead shall be the just value of the new homestead |
136 | minus an amount equal to the lesser of $1 million or the |
137 | difference between the just value and the assessed value of the |
138 | prior homestead as of January 1 of the year in which the prior |
139 | homestead was abandoned. Thereafter, the homestead shall be |
140 | assessed as provided herein. |
141 | 2. If the just value of the new homestead is less than the |
142 | just value of the prior homestead of the person establishing the |
143 | new homestead as of January 1 of the year in which the prior |
144 | homestead was abandoned, the assessed value of the new homestead |
145 | shall be equal to the just value of the new homestead divided by |
146 | the just value of the prior homestead and multiplied by the |
147 | assessed value of the prior homestead. However, if the |
148 | difference between the just value of the new homestead and the |
149 | assessed value of the new homestead calculated pursuant to this |
150 | sub-subparagraph is greater than $1 million, the assessed value |
151 | of the new homestead shall be increased so that the difference |
152 | between the just value and the assessed value equals $1 million. |
153 | Thereafter, the homestead shall be assessed as provided herein. |
154 | b. By general law and subject to conditions specified |
155 | therein, the legislature shall provide for application of this |
156 | paragraph to property owned by more than one person. |
157 | (d) The legislature may, by general law, for assessment |
158 | purposes and subject to the provisions of this subsection, allow |
159 | counties and municipalities to authorize by ordinance that |
160 | historic property may be assessed solely on the basis of |
161 | character or use. Such character or use assessment shall apply |
162 | only to the jurisdiction adopting the ordinance. The |
163 | requirements for eligible properties must be specified by |
164 | general law. |
165 | (e) A county may, in the manner prescribed by general law, |
166 | provide for a reduction in the assessed value of homestead |
167 | property to the extent of any increase in the assessed value of |
168 | that property which results from the construction or |
169 | reconstruction of the property for the purpose of providing |
170 | living quarters for one or more natural or adoptive grandparents |
171 | or parents of the owner of the property or of the owner's spouse |
172 | if at least one of the grandparents or parents for whom the |
173 | living quarters are provided is 62 years of age or older. Such a |
174 | reduction may not exceed the lesser of the following: |
175 | (1) The increase in assessed value resulting from |
176 | construction or reconstruction of the property. |
177 | (2) Twenty percent of the total assessed value of the |
178 | property as improved. |
179 | (f) As defined by general law, real property that is used |
180 | to provide affordable housing and is subject to rent |
181 | restrictions imposed by a governmental agency may be assessed as |
182 | provided by general law, subject to conditions or limitations |
183 | specified therein. This subsection shall apply to all levies |
184 | other than school district levies. |
185 | (g) As defined by general law, land that is used |
186 | exclusively for commercial fishing purposes or that is open to |
187 | the public and used predominantly for commercial water-dependent |
188 | activities or for public access to waters that are navigable may |
189 | be assessed as provided by general law, subject to conditions or |
190 | limitations specified therein. For purposes of this paragraph, |
191 | the term "water-dependent activity" means any activity that can |
192 | be conducted only on, in, over, or adjacent to waters that are |
193 | navigable and that requires direct access to water and involves |
194 | the use of water as an integral part of such activity. This |
195 | subsection shall apply to all levies other than school district |
196 | levies. |
197 | (h) Increases in assessments each year for all property |
198 | other than property entitled to the assessment increase |
199 | limitations provided in this section shall not exceed the |
200 | limitations specified in paragraph (1) of subsection (c) of this |
201 | section. |
202 | SECTION 6. Homestead exemptions.-- |
203 | (a) Every person who has the legal or equitable title to |
204 | real estate and maintains thereon the permanent residence of the |
205 | owner, or another legally or naturally dependent upon the owner, |
206 | shall be exempt from taxation thereon, except assessments for |
207 | special benefits, up to the assessed valuation of twenty-five |
208 | five thousand dollars and, for all levies other than school |
209 | district levies, on the assessed valuation greater than fifty |
210 | thousand dollars and up to seventy-five thousand dollars, upon |
211 | establishment of right thereto in the manner prescribed by law. |
212 | The real estate may be held by legal or equitable title, by the |
213 | entireties, jointly, in common, as a condominium, or indirectly |
214 | by stock ownership or membership representing the owner's or |
215 | member's proprietary interest in a corporation owning a fee or a |
216 | leasehold initially in excess of ninety-eight years. The |
217 | exemption shall not apply with respect to any assessment roll |
218 | until such roll is first determined to be in compliance with the |
219 | provisions of Section 4 of this Article by a state agency |
220 | designated by general law. This exemption is repealed on the |
221 | effective date of any amendment to Section 4 of this Article |
222 | that provides for the assessment of homestead property at less |
223 | than just value. |
224 | (b) Not more than one exemption shall be allowed any |
225 | individual or family unit or with respect to any residential |
226 | unit. No exemption shall exceed the value of the real estate |
227 | assessable to the owner or, in case of ownership through stock |
228 | or membership in a corporation, the value of the proportion |
229 | which the interest in the corporation bears to the assessed |
230 | value of the property. |
231 | (c) As provided by general law and subject to conditions |
232 | specified therein, each person who establishes the right to |
233 | receive the homestead exemption provided in subsection (a) |
234 | within one year after purchasing the homestead property and who |
235 | had not previously owned property receiving the homestead |
236 | exemption provided in subsection (a) is entitled to an |
237 | additional homestead exemption in an amount equal to twenty-five |
238 | percent of the homestead property's just value on January 1 of |
239 | the year the homestead exemption is established, not to exceed |
240 | twenty-five percent of the median just value of homesteads in |
241 | the county in which the homestead is located in the year prior |
242 | to establishing the new homestead. This exemption is not |
243 | available if any owner of the property has previously owned |
244 | property that received the homestead exemption provided in |
245 | subsection (a). The additional homestead exemption shall be |
246 | reduced each year by the difference between the homestead's just |
247 | value and assessed value as determined under subsection (c) of |
248 | Section 4 of this Article until the value of the exemption is |
249 | reduced to zero. The exemption provided under this subsection |
250 | shall apply to all levies other than school district levies. |
251 | (c) By general law and subject to conditions specified |
252 | therein, the exemption shall be increased to a total of twenty- |
253 | five thousand dollars of the assessed value of the real estate |
254 | for each school district levy. By general law and subject to |
255 | conditions specified therein, the exemption for all other levies |
256 | may be increased up to an amount not exceeding ten thousand |
257 | dollars of the assessed value of the real estate if the owner |
258 | has attained age sixty-five or is totally and permanently |
259 | disabled and if the owner is not entitled to the exemption |
260 | provided in subsection (d). |
261 | (d) By general law and subject to conditions specified |
262 | therein, the exemption shall be increased to a total of the |
263 | following amounts of assessed value of real estate for each levy |
264 | other than those of school districts: fifteen thousand dollars |
265 | with respect to 1980 assessments; twenty thousand dollars with |
266 | respect to 1981 assessments; twenty-five thousand dollars with |
267 | respect to assessments for 1982 and each year thereafter. |
268 | However, such increase shall not apply with respect to any |
269 | assessment roll until such roll is first determined to be in |
270 | compliance with the provisions of section 4 by a state agency |
271 | designated by general law. This subsection shall stand repealed |
272 | on the effective date of any amendment to section 4 which |
273 | provides for the assessment of homestead property at a specified |
274 | percentage of its just value. |
275 | (d)(e) By general law and subject to conditions specified |
276 | therein, the Legislature may provide to renters, who are |
277 | permanent residents, ad valorem tax relief on all ad valorem tax |
278 | levies. Such ad valorem tax relief shall be in the form and |
279 | amount established by general law. |
280 | (e)(f) The legislature may, by general law, allow counties |
281 | or municipalities, for the purpose of their respective tax |
282 | levies and subject to the provisions of general law, to grant an |
283 | additional homestead tax exemption not exceeding fifty thousand |
284 | dollars to any person who has the legal or equitable title to |
285 | real estate and maintains thereon the permanent residence of the |
286 | owner and who has attained age sixty-five and whose household |
287 | income, as defined by general law, does not exceed twenty |
288 | thousand dollars. The general law must allow counties and |
289 | municipalities to grant this additional exemption, within the |
290 | limits prescribed in this subsection, by ordinance adopted in |
291 | the manner prescribed by general law, and must provide for the |
292 | periodic adjustment of the income limitation prescribed in this |
293 | subsection for changes in the cost of living. |
294 | (f)(g) Each veteran who is age 65 or older who is |
295 | partially or totally permanently disabled shall receive a |
296 | discount from the amount of the ad valorem tax otherwise owed on |
297 | homestead property the veteran owns and resides in if the |
298 | disability was combat related, the veteran was a resident of |
299 | this state at the time of entering the military service of the |
300 | United States, and the veteran was honorably discharged upon |
301 | separation from military service. The discount shall be in a |
302 | percentage equal to the percentage of the veteran's permanent, |
303 | service-connected disability as determined by the United States |
304 | Department of Veterans Affairs. To qualify for the discount |
305 | granted by this subsection, an applicant must submit to the |
306 | county property appraiser, by March 1, proof of residency at the |
307 | time of entering military service, an official letter from the |
308 | United States Department of Veterans Affairs stating the |
309 | percentage of the veteran's service-connected disability and |
310 | such evidence that reasonably identifies the disability as |
311 | combat related, and a copy of the veteran's honorable discharge. |
312 | If the property appraiser denies the request for a discount, the |
313 | appraiser must notify the applicant in writing of the reasons |
314 | for the denial, and the veteran may reapply. The Legislature |
315 | may, by general law, waive the annual application requirement in |
316 | subsequent years. This subsection shall take effect December 7, |
317 | 2006, is self-executing, and does not require implementing |
318 | legislation. |
319 | (g) Real property owned and used as a homestead by a |
320 | person who has attained age sixty-five and whose household |
321 | income, as defined by general law, does not exceed $23,604 is |
322 | exempt from ad valorem taxation. The legislature shall provide |
323 | for an annual adjustment of the income limitation prescribed in |
324 | this subsection for changes in the cost of living and may |
325 | provide additional financial eligibility requirements or other |
326 | eligibility requirements. |
327 | SECTION 9. Local taxes.-- |
328 | (a) Counties, school districts, and municipalities shall, |
329 | and special districts may, be authorized by law to levy ad |
330 | valorem taxes and may be authorized by general law to levy other |
331 | taxes, for their respective purposes, except ad valorem taxes on |
332 | intangible personal property and taxes prohibited by this |
333 | constitution. |
334 | (b) Ad valorem taxes, exclusive of taxes levied for the |
335 | payment of bonds and taxes levied for periods not longer than |
336 | two years when authorized by vote of the electors who are the |
337 | owners of freeholds therein not wholly exempt from taxation, |
338 | shall not be levied in excess of the following millages upon the |
339 | assessed value of real estate and tangible personal property: |
340 | for all county purposes, ten mills; for all municipal purposes, |
341 | ten mills; for all school purposes, ten mills; for water |
342 | management purposes for the northwest portion of the state lying |
343 | west of the line between ranges two and three east, 0.05 mill; |
344 | for water management purposes for the remaining portions of the |
345 | state, 1.0 mill; and for all other special districts a millage |
346 | authorized by law approved by vote of the electors who are |
347 | owners of freeholds therein not wholly exempt from taxation. A |
348 | county furnishing municipal services may, to the extent |
349 | authorized by law, levy additional taxes within the limits fixed |
350 | for municipal purposes. |
351 | (c) By general law, the legislature shall limit the |
352 | authority of counties, municipalities, and special districts to |
353 | increase ad valorem taxes. |
354 | SECTION 19. Increased state sales and use tax.-- |
355 | (a) Beginning July 1, 2008, the tax imposed on any |
356 | transaction or use currently or hereafter subject to tax |
357 | pursuant to the provisions of chapter 212, Florida Statutes, is |
358 | increased by adding one percent to the tax rate imposed by |
359 | chapter 212, Florida Statutes. Exemptions from the tax imposed |
360 | pursuant to chapter 212, Florida Statutes, adopted by general |
361 | law, shall apply to the tax increase provided by this section. |
362 | (b) The proceeds of the tax increase provided by this |
363 | section shall be set aside for distribution to school districts |
364 | and shall replace the imposition of the required local effort |
365 | for all school districts collectively that has historically been |
366 | raised from ad valorem taxes each year from property tax payers. |
367 | ARTICLE VIII |
368 | LOCAL GOVERNMENT |
369 | SECTION 1. Counties.-- |
370 | (a) POLITICAL SUBDIVISIONS. The state shall be divided by |
371 | law into political subdivisions called counties. Counties may be |
372 | created, abolished or changed by law, with provision for payment |
373 | or apportionment of the public debt. |
374 | (b) COUNTY FUNDS. The care, custody and method of |
375 | disbursing county funds shall be provided by general law. |
376 | (c) GOVERNMENT. Pursuant to general or special law, a |
377 | county government may be established by charter which shall be |
378 | adopted, amended or repealed only upon vote of the electors of |
379 | the county in a special election called for that purpose. |
380 | (d) COUNTY OFFICERS. There shall be elected by the |
381 | electors of each county, for terms of four years, a sheriff, a |
382 | tax collector, a property appraiser, a supervisor of elections, |
383 | and a clerk of the circuit court; except, when provided by |
384 | county charter or special law approved by vote of the electors |
385 | of the county, any county officer other than a property |
386 | appraiser may be chosen in another manner therein specified, or |
387 | any county office other than the office of property appraiser |
388 | may be abolished when all the duties of the office prescribed by |
389 | general law are transferred to another office. When not |
390 | otherwise provided by county charter or special law approved by |
391 | vote of the electors, the clerk of the circuit court shall be ex |
392 | officio clerk of the board of county commissioners, auditor, |
393 | recorder and custodian of all county funds. |
394 | (e) COMMISSIONERS. Except when otherwise provided by |
395 | county charter, the governing body of each county shall be a |
396 | board of county commissioners composed of five or seven members |
397 | serving staggered terms of four years. After each decennial |
398 | census the board of county commissioners shall divide the county |
399 | into districts of contiguous territory as nearly equal in |
400 | population as practicable. One commissioner residing in each |
401 | district shall be elected as provided by law. |
402 | (f) NON-CHARTER GOVERNMENT. Counties not operating under |
403 | county charters shall have such power of self-government as is |
404 | provided by general or special law. The board of county |
405 | commissioners of a county not operating under a charter may |
406 | enact, in a manner prescribed by general law, county ordinances |
407 | not inconsistent with general or special law, but an ordinance |
408 | in conflict with a municipal ordinance shall not be effective |
409 | within the municipality to the extent of such conflict. |
410 | (g) CHARTER GOVERNMENT. Counties operating under county |
411 | charters shall have all powers of local self-government not |
412 | inconsistent with general law, or with special law approved by |
413 | vote of the electors. The governing body of a county operating |
414 | under a charter may enact county ordinances not inconsistent |
415 | with general law. The charter shall provide which shall prevail |
416 | in the event of conflict between county and municipal |
417 | ordinances. |
418 | (h) TAXES; LIMITATION. Property situate within |
419 | municipalities shall not be subject to taxation for services |
420 | rendered by the county exclusively for the benefit of the |
421 | property or residents in unincorporated areas. |
422 | (i) COUNTY ORDINANCES. Each county ordinance shall be |
423 | filed with the custodian of state records and shall become |
424 | effective at such time thereafter as is provided by general law. |
425 | (j) VIOLATION OF ORDINANCES. Persons violating county |
426 | ordinances shall be prosecuted and punished as provided by law. |
427 | (k) COUNTY SEAT. In every county there shall be a county |
428 | seat at which shall be located the principal offices and |
429 | permanent records of all county officers. The county seat may |
430 | not be moved except as provided by general law. Branch offices |
431 | for the conduct of county business may be established elsewhere |
432 | in the county by resolution of the governing body of the county |
433 | in the manner prescribed by law. No instrument shall be deemed |
434 | recorded until filed at the county seat, or a branch office |
435 | designated by the governing body of the county for the recording |
436 | of instruments, according to law. |
437 | ARTICLE XII |
438 | SCHEDULE |
439 | SECTION 27. Elected property appraisers; application.--The |
440 | requirement in Section 1(d) of Article VIII for a property |
441 | appraiser to be elected by the electors of the county shall |
442 | apply in each county, including each charter county, regardless |
443 | of whether the charter was adopted pursuant to Section 1(g) of |
444 | Article VIII or pursuant to Section 9, Section 10, Section 11, |
445 | or Section 24 of Article VIII of the Constitution of 1885, as |
446 | amended and incorporated by reference in Section 6(e) of Article |
447 | VIII. Any county that does not have an elected property |
448 | appraiser on the effective date of the amendment to Section 1 of |
449 | Article VIII of this constitution shall provide for electing a |
450 | property appraiser at the next general election as provided by |
451 | general law. |
452 | SECTION 28. Property tax exemptions, ad valorem tax |
453 | limitations, sales and use tax increase.--The amendments to |
454 | Sections 3, 4, 6, and 9 of Article VII, providing a $25,000 |
455 | exemption from ad valorem taxation for tangible personal |
456 | property, providing an additional $25,000 homestead exemption, |
457 | authorizing the transfer of the accrued benefit from the |
458 | limitation on the assessment of homestead property, providing an |
459 | additional homestead exemption for first-time homestead property |
460 | owners, providing a complete homestead exemption for low-income |
461 | seniors, providing for assessing rent-restricted affordable |
462 | housing and commercial and public-access waterfront property |
463 | pursuant to general law, limiting annual increases in |
464 | assessments of nonhomestead real property, and requiring the |
465 | legislature to limit the authority of counties, municipalities, |
466 | and special districts to increase ad valorem taxes; the creation |
467 | of Section 19 of Article VII, increasing the state sales and use |
468 | tax by 1 percent, dedicating the increased revenues to replacing |
469 | the required local effort for all school districts collectively, |
470 | and providing for distribution and application of such revenues; |
471 | the amendment to Section 1 of Article VIII, |
472 |
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473 |
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474 | == B A L L O T S T A T E M E N T A M E N D M E N T == |
475 | Remove line(s) 488-562 and insert: |
476 | ARTICLE VII, SECTIONS 3, 4, 6, 9, AND 19 |
477 | ARTICLE VIII, SECTION 1 |
478 | ARTICLE XII, SECTIONS 27 AND 28 |
479 | PROPERTY TAX EXEMPTIONS; LIMITATIONS ON AD VALOREM TAX |
480 | INCREASES; ELECTED PROPERTY APPRAISERS.--This revision proposes |
481 | changes to the State Constitution relating to ad valorem |
482 | taxation and elected property appraisers. With respect to |
483 | homestead property, this revision 1) adds an additional |
484 | homestead exemption for most homestead owners, 2) exempts |
485 | certain low-income seniors from ad valorem tax on their |
486 | homesteads, 3) provides an additional homestead exemption that |
487 | diminishes over time for first-time Florida homebuyers, and 4) |
488 | provides for the transfer of accumulated Save Our Homes |
489 | benefits. With respect to non-homestead property, this revision |
490 | allows the Legislature to limit ad valorem assessments on 5) |
491 | affordable housing and 6) on working waterfronts under specific |
492 | circumstances, 7) provides a $25,000 exemption for tangible |
493 | personal property, and 8) limits annual increases in assessments |
494 | of nonhomestead real property. Further, this revision 9) |
495 | requires the Legislature to limit the authority of local |
496 | governments other than school districts to increase property |
497 | taxes, 10) increases the state sales and use tax by 1 percent, |
498 | dedicates the increased revenues to replacing the required local |
499 | effort for all school districts collectively, and provides for |
500 | distribution and application of such revenues, and 11) requires |
501 | all county property appraisers to be elected. |
502 | In more detail, this revision: |
503 | 1. Increases the homestead exemption by providing an |
504 | additional $25,000 homestead exemption for the portion of the |
505 | assessed value above $50,000 up to $75,000. This exemption does |
506 | not apply to school taxes. |
507 | 2. Exempts certain low-income seniors from ad valorem tax |
508 | on their homes. Persons 65 or older whose household income is |
509 | less than $23,604, adjusted annually for inflation, will be |
510 | totally exempt from ad valorem taxes, including school taxes, on |
511 | their homestead property. |
512 | 3. Provides an increased exemption for first-time Florida |
513 | homebuyers beginning in 2008. First-time homebuyers in Florida |
514 | who qualify for homestead exemption will be eligible for an |
515 | additional exemption equal to 25 percent of the assessed value |
516 | of their new home, not to exceed 25 percent of the county median |
517 | homestead just value for the prior year. The amount of the |
518 | exemption will decrease each year by the amount of the home's |
519 | Save Our Homes benefit. When the amount of the home's Save Our |
520 | Homes benefit meets or exceeds this exemption, the exemption is |
521 | lost. This exemption also is available to 2007 first-time |
522 | homebuyers who qualify for homestead exemption January 1, 2008. |
523 | This exemption does not apply to school taxes. |
524 | 4. Provides for the transfer of accumulated Save Our Homes |
525 | benefits. Homestead property owners will be able to transfer |
526 | their Save Our Homes benefit to a new homestead within two years |
527 | of relinquishing their previous homestead exemption; except, if |
528 | the new homestead is established on January 1, 2008, the |
529 | previous homestead must have been relinquished in 2007. If the |
530 | new homestead has a higher just value than the old one, the |
531 | entire benefit can be transferred; if the new homestead has a |
532 | lower just value, the amount of benefit transferred will be |
533 | reduced in proportion of the just value of the new homestead to |
534 | the just value of the old homestead. The transferred benefit may |
535 | not exceed $1 million. This provision does not apply to school |
536 | taxes. |
537 | 5. Provides for assessing certain rent-restricted |
538 | affordable housing property as provided by general law. This |
539 | provision will not apply to school taxes. |
540 | 6. Provides for assessing certain waterfront property used |
541 | for commercial fishing, commercial water-dependent activities, |
542 | and public access as provided by general law. This provision |
543 | will not apply to school taxes. |
544 | 7. Limits increases in assessments each year for all |
545 | property other than homestead property to the lower of 3 percent |
546 | or the percentage change in the Consumer Price Index. |
547 | 8. Authorizes an exemption from ad valorem taxes of |
548 | $25,000 of assessed value of tangible personal property. This |
549 | provision applies to all tax levies. |
550 | 9. Requires the Legislature to limit the authority of |
551 | counties, municipalities, and special districts to increase ad |
552 | valorem taxes. |
553 | 10. Increases the state sales and use tax by 1 percent, |
554 | dedicates the increased revenues to replacing the required local |
555 | effort for all school districts collectively, and provides for |
556 | distribution and application of such revenues. |
557 | 11. Requires each county to have an elected property |
558 |
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559 | ======= T I T L E A M E N D M E N T ======= |
560 | Remove line(s) 4-17 and insert: |
561 | the creation of Section 19 of Article VII and Sections 27 and 28 |
562 | of Article XII of the State Constitution, to require an |
563 | exemption from ad valorem taxation for tangible personal |
564 | property, to provide for the transfer of the accrued benefit |
565 | from the limitation on the assessed value of homestead property, |
566 | to provide for assessing rent-restricted affordable housing and |
567 | commercial and public-access waterfront property by general law, |
568 | to limit assessment increases for nonhomestead real property, to |
569 | increase the homestead exemption, to create an additional |
570 | homestead exemption for first-time homestead property owners, to |
571 | provide a complete homestead exemption for low-income seniors, |
572 | to require the Legislature to limit county, municipality, and |
573 | special district authority to increase ad valorem taxes, to |
574 | increase the state sales and use tax to replace school district |
575 | revenues lost from not imposing a required local effort on |
576 | homestead property, |