(LATE FILED)Amendment
Bill No. 7001D
Amendment No. 069991
CHAMBER ACTION
Senate House
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1Representative(s) Richardson offered the following:
2
3     Substitute Amendment for Amendment (486289) (with ballot
4statement and title amendments)
5     Remove line(s) 229-472 and insert:
6five thousand dollars, upon establishment of right thereto in
7the manner prescribed by law.  The real estate may be held by
8legal or equitable title, by the entireties, jointly, in common,
9as a condominium, or indirectly by stock ownership or membership
10representing the owner's or member's proprietary interest in a
11corporation owning a fee or a leasehold initially in excess of
12ninety-eight years. The exemption shall not apply with respect
13to any assessment roll until such roll is first determined to be
14in compliance with the provisions of Section 4 of this Article
15by a state agency designated by general law. This exemption is
16repealed on the effective date of any amendment to Section 4 of
17this Article that provides for the assessment of homestead
18property at less than just value.
19     (b)  Not more than one exemption shall be allowed any
20individual or family unit or with respect to any residential
21unit. No exemption shall exceed the value of the real estate
22assessable to the owner or, in case of ownership through stock
23or membership in a corporation, the value of the proportion
24which the interest in the corporation bears to the assessed
25value of the property.
26     (c)  As provided by general law and subject to conditions
27specified therein, each person who establishes the right to
28receive the homestead exemption provided in subsection (a)
29within one year after purchasing the homestead property and who
30had not previously owned property receiving the homestead
31exemption provided in subsection (a) is entitled to an
32additional homestead exemption in an amount equal to twenty-five
33percent of the homestead property's just value on January 1 of
34the year the homestead exemption is established, not to exceed
35twenty-five percent of the median just value of homesteads in
36the county in which the homestead is located in the year prior
37to establishing the new homestead. This exemption is not
38available if any owner of the property has previously owned
39property that received the homestead exemption provided in
40subsection (a). The additional homestead exemption shall be
41reduced each year by the difference between the homestead's just
42value and assessed value as determined under subsection (c) of
43Section 4 of this Article until the value of the exemption is
44reduced to zero. The exemption provided under this subsection
45shall apply to all levies other than school district levies.
46     (c)  By general law and subject to conditions specified
47therein, the exemption shall be increased to a total of twenty-
48five thousand dollars of the assessed value of the real estate
49for each school district levy. By general law and subject to
50conditions specified therein, the exemption for all other levies
51may be increased up to an amount not exceeding ten thousand
52dollars of the assessed value of the real estate if the owner
53has attained age sixty-five or is totally and permanently
54disabled and if the owner is not entitled to the exemption
55provided in subsection (d).
56     (d)  By general law and subject to conditions specified
57therein, the exemption shall be increased to a total of the
58following amounts of assessed value of real estate for each levy
59other than those of school districts: fifteen thousand dollars
60with respect to 1980 assessments; twenty thousand dollars with
61respect to 1981 assessments; twenty-five thousand dollars with
62respect to assessments for 1982 and each year thereafter.
63However, such increase shall not apply with respect to any
64assessment roll until such roll is first determined to be in
65compliance with the provisions of section 4 by a state agency
66designated by general law.  This subsection shall stand repealed
67on the effective date of any amendment to section 4 which
68provides for the assessment of homestead property at a specified
69percentage of its just value.
70     (d)(e)  By general law and subject to conditions specified
71therein, the Legislature may provide to renters, who are
72permanent residents, ad valorem tax relief on all ad valorem tax
73levies. Such ad valorem tax relief shall be in the form and
74amount established by general law.
75     (e)(f)  The legislature may, by general law, allow counties
76or municipalities, for the purpose of their respective tax
77levies and subject to the provisions of general law, to grant an
78additional homestead tax exemption not exceeding fifty thousand
79dollars to any person who has the legal or equitable title to
80real estate and maintains thereon the permanent residence of the
81owner and who has attained age sixty-five and whose household
82income, as defined by general law, does not exceed twenty
83thousand dollars. The general law must allow counties and
84municipalities to grant this additional exemption, within the
85limits prescribed in this subsection, by ordinance adopted in
86the manner prescribed by general law, and must provide for the
87periodic adjustment of the income limitation prescribed in this
88subsection for changes in the cost of living.
89     (f)(g)  Each veteran who is age 65 or older who is
90partially or totally permanently disabled shall receive a
91discount from the amount of the ad valorem tax otherwise owed on
92homestead property the veteran owns and resides in if the
93disability was combat related, the veteran was a resident of
94this state at the time of entering the military service of the
95United States, and the veteran was honorably discharged upon
96separation from military service. The discount shall be in a
97percentage equal to the percentage of the veteran's permanent,
98service-connected disability as determined by the United States
99Department of Veterans Affairs. To qualify for the discount
100granted by this subsection, an applicant must submit to the
101county property appraiser, by March 1, proof of residency at the
102time of entering military service, an official letter from the
103United States Department of Veterans Affairs stating the
104percentage of the veteran's service-connected disability and
105such evidence that reasonably identifies the disability as
106combat related, and a copy of the veteran's honorable discharge.
107If the property appraiser denies the request for a discount, the
108appraiser must notify the applicant in writing of the reasons
109for the denial, and the veteran may reapply. The Legislature
110may, by general law, waive the annual application requirement in
111subsequent years. This subsection shall take effect December 7,
1122006, is self-executing, and does not require implementing
113legislation.
114     (g)  Real property owned and used as a homestead by a
115person who has attained age sixty-five and whose household
116income, as defined by general law, does not exceed $23,604 is
117exempt from ad valorem taxation. The legislature shall provide
118for an annual adjustment of the income limitation prescribed in
119this subsection for changes in the cost of living and may
120provide additional financial eligibility requirements or other
121eligibility requirements.
122     (h)  Counties, for the purpose of their respective tax
123levies and subject to the provisions of general law, may grant
124an additional homestead exemption of not more than twenty-five
125thousand dollars to any person who has the legal or equitable
126title to real estate and maintains thereon the permanent
127residence of the owner. Counties may grant this additional
128exemption, within the limits prescribed in this subsection, by
129ordinance adopted in the manner prescribed by general law.
130     SECTION 9.  Local taxes.--
131     (a)  Counties, school districts, and municipalities shall,
132and special districts may, be authorized by law to levy ad
133valorem taxes and may be authorized by general law to levy other
134taxes, for their respective purposes, except ad valorem taxes on
135intangible personal property and taxes prohibited by this
136constitution.
137     (b)  Ad valorem taxes, exclusive of taxes levied for the
138payment of bonds and taxes levied for periods not longer than
139two years when authorized by vote of the electors who are the
140owners of freeholds therein not wholly exempt from taxation,
141shall not be levied in excess of the following millages upon the
142assessed value of real estate and tangible personal property:
143for all county purposes, ten mills; for all municipal purposes,
144ten mills; for all school purposes, ten mills; for water
145management purposes for the northwest portion of the state lying
146west of the line between ranges two and three east, 0.05 mill;
147for water management purposes for the remaining portions of the
148state, 1.0 mill; and for all other special districts a millage
149authorized by law approved by vote of the electors who are
150owners of freeholds therein not wholly exempt from taxation. A
151county furnishing municipal services may, to the extent
152authorized by law, levy additional taxes within the limits fixed
153for municipal purposes.
154     (c)  By general law, the legislature shall limit the
155authority of counties, municipalities, and special districts to
156increase ad valorem taxes.
157
ARTICLE VIII
158
LOCAL GOVERNMENT
159     SECTION 1.  Counties.--
160     (a)  POLITICAL SUBDIVISIONS.  The state shall be divided by
161law into political subdivisions called counties. Counties may be
162created, abolished or changed by law, with provision for payment
163or apportionment of the public debt.
164     (b)  COUNTY FUNDS.  The care, custody and method of
165disbursing county funds shall be provided by general law.
166     (c)  GOVERNMENT.  Pursuant to general or special law, a
167county government may be established by charter which shall be
168adopted, amended or repealed only upon vote of the electors of
169the county in a special election called for that purpose.
170     (d)  COUNTY OFFICERS.  There shall be elected by the
171electors of each county, for terms of four years, a sheriff, a
172tax collector, a property appraiser, a supervisor of elections,
173and a clerk of the circuit court; except, when provided by
174county charter or special law approved by vote of the electors
175of the county, any county officer other than a property
176appraiser may be chosen in another manner therein specified, or
177any county office other than the office of property appraiser
178may be abolished when all the duties of the office prescribed by
179general law are transferred to another office. When not
180otherwise provided by county charter or special law approved by
181vote of the electors, the clerk of the circuit court shall be ex
182officio clerk of the board of county commissioners, auditor,
183recorder and custodian of all county funds.
184     (e)  COMMISSIONERS.  Except when otherwise provided by
185county charter, the governing body of each county shall be a
186board of county commissioners composed of five or seven members
187serving staggered terms of four years. After each decennial
188census the board of county commissioners shall divide the county
189into districts of contiguous territory as nearly equal in
190population as practicable. One commissioner residing in each
191district shall be elected as provided by law.
192     (f)  NON-CHARTER GOVERNMENT.  Counties not operating under
193county charters shall have such power of self-government as is
194provided by general or special law. The board of county
195commissioners of a county not operating under a charter may
196enact, in a manner prescribed by general law, county ordinances
197not inconsistent with general or special law, but an ordinance
198in conflict with a municipal ordinance shall not be effective
199within the municipality to the extent of such conflict.
200     (g)  CHARTER GOVERNMENT.  Counties operating under county
201charters shall have all powers of local self-government not
202inconsistent with general law, or with special law approved by
203vote of the electors. The governing body of a county operating
204under a charter may enact county ordinances not inconsistent
205with general law. The charter shall provide which shall prevail
206in the event of conflict between county and municipal
207ordinances.
208     (h)  TAXES; LIMITATION.  Property situate within
209municipalities shall not be subject to taxation for services
210rendered by the county exclusively for the benefit of the
211property or residents in unincorporated areas.
212     (i)  COUNTY ORDINANCES.  Each county ordinance shall be
213filed with the custodian of state records and shall become
214effective at such time thereafter as is provided by general law.
215     (j)  VIOLATION OF ORDINANCES.  Persons violating county
216ordinances shall be prosecuted and punished as provided by law.
217     (k)  COUNTY SEAT.  In every county there shall be a county
218seat at which shall be located the principal offices and
219permanent records of all county officers. The county seat may
220not be moved except as provided by general law. Branch offices
221for the conduct of county business may be established elsewhere
222in the county by resolution of the governing body of the county
223in the manner prescribed by law. No instrument shall be deemed
224recorded until filed at the county seat, or a branch office
225designated by the governing body of the county for the recording
226of instruments, according to law.
227
ARTICLE XII
228
SCHEDULE
229     SECTION 27.  Elected property appraisers; application.--The
230requirement in Section 1(d) of Article VIII for a property
231appraiser to be elected by the electors of the county shall
232apply in each county, including each charter county, regardless
233of whether the charter was adopted pursuant to Section 1(g) of
234Article VIII or pursuant to Section 9, Section 10, Section 11,
235or Section 24 of Article VIII of the Constitution of 1885, as
236amended and incorporated by reference in Section 6(e) of Article
237VIII. Any county that does not have an elected property
238appraiser on the effective date of the amendment to Section 1 of
239Article VIII of this constitution shall provide for electing a
240property appraiser at the next general election as provided by
241general law.
242     SECTION 28.  Property tax exemptions and ad valorem tax
243limitations.--The amendments to Sections 3, 4, 6, and 9 of
244Article VII, providing a $25,000 exemption from ad valorem
245taxation for tangible personal property, authorizing the
246transfer of the accrued benefit from the limitation on the
247assessment of homestead property, providing an additional
248homestead exemption for first-time homestead property owners,
249providing a complete homestead exemption for low-income seniors,
250providing for assessing rent-restricted affordable housing and
251commercial and public-access waterfront property pursuant to
252general law, limiting annual increases in assessments of
253nonhomestead real property, to authorize counties to provide by
254ordinance an additional up to $25,000 homestead exemption, and
255requiring the legislature to limit the authority
256
257== B A L L O T  S T A T E M E N T  A M E N D M E N T ==
258     Remove line(s) 499-562 and insert:
259diminishes over time for first-time Florida homebuyers, 4)
260authorizes counties to provide an additional homestead exemption
261by ordinance, and 5) provides for the transfer of accumulated
262Save Our Homes benefits. With respect to non-homestead property,
263this revision allows the Legislature to limit ad valorem
264assessments on 6) affordable housing and 7) on working
265waterfronts under specific circumstances, 8) provides a $25,000
266exemption for tangible personal property, and 9) limits annual
267increases in assessments of nonhomestead real property. Further,
268this revision 10) requires the Legislature to limit the
269authority of local governments other than school districts to
270increase property taxes, and 11) requires all county property
271appraisers to be elected.
272     In more detail, this revision:
273     1.  Increases the homestead exemption by providing an
274additional $25,000 homestead exemption for the portion of the
275assessed value above $50,000 up to $75,000.  This exemption does
276not apply to school taxes.
277     2.  Authorizes counties to provide for an additional up to
278$25,000 homestead exemption by ordinance.
279     3.  Exempts certain low-income seniors from ad valorem tax
280on their homes. Persons 65 or older whose household income is
281less than $23,604, adjusted annually for inflation, will be
282totally exempt from ad valorem taxes, including school taxes, on
283their homestead property.
284     4.  Provides an increased exemption for first-time Florida
285homebuyers beginning in 2008. First-time homebuyers in Florida
286who qualify for homestead exemption will be eligible for an
287additional exemption equal to 25 percent of the assessed value
288of their new home, not to exceed 25 percent of the county median
289homestead just value for the prior year. The amount of the
290exemption will decrease each year by the amount of the home's
291Save Our Homes benefit. When the amount of the home's Save Our
292Homes benefit meets or exceeds this exemption, the exemption is
293lost. This exemption also is available to 2007 first-time
294homebuyers who qualify for homestead exemption January 1, 2008.
295This exemption does not apply to school taxes.
296     5.  Provides for the transfer of accumulated Save Our Homes
297benefits. Homestead property owners will be able to transfer
298their Save Our Homes benefit to a new homestead within two years
299of relinquishing their previous homestead exemption; except, if
300the new homestead is established on January 1, 2008, the
301previous homestead must have been relinquished in 2007. If the
302new homestead has a higher just value than the old one, the
303entire benefit can be transferred; if the new homestead has a
304lower just value, the amount of benefit transferred will be
305reduced in proportion of the just value of the new homestead to
306the just value of the old homestead. The transferred benefit may
307not exceed $1 million. This provision does not apply to school
308taxes.
309     6.  Provides for assessing certain rent-restricted
310affordable housing property as provided by general law. This
311provision will not apply to school taxes.
312     7.  Provides for assessing certain waterfront property used
313for commercial fishing, commercial water-dependent activities,
314and public access as provided by general law. This provision
315will not apply to school taxes.
316     8.  Limits increases in assessments each year for all
317property other than homestead property to the lower of 3 percent
318or the percentage change in the Consumer Price Index.
319     9.  Authorizes an exemption from ad valorem taxes of
320$25,000 of assessed value of tangible personal property. This
321provision applies to all tax levies.
322     10.  Requires the Legislature to limit the authority of
323counties, municipalities, and special districts to increase ad
324valorem taxes.
325     11.  Requires each county to have an elected property
326
327======= T I T L E  A M E N D M E N T =======
328     Remove line(s) 15 and insert:
329complete homestead exemption for low-income seniors, to
330authorize counties to provide an additional homestead exemption
331by ordinance, to


CODING: Words stricken are deletions; words underlined are additions.