1 | Representative(s) Richardson offered the following: |
2 |
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3 | Substitute Amendment for Amendment (486289) (with ballot |
4 | statement and title amendments) |
5 | Remove line(s) 229-472 and insert: |
6 | five thousand dollars, upon establishment of right thereto in |
7 | the manner prescribed by law. The real estate may be held by |
8 | legal or equitable title, by the entireties, jointly, in common, |
9 | as a condominium, or indirectly by stock ownership or membership |
10 | representing the owner's or member's proprietary interest in a |
11 | corporation owning a fee or a leasehold initially in excess of |
12 | ninety-eight years. The exemption shall not apply with respect |
13 | to any assessment roll until such roll is first determined to be |
14 | in compliance with the provisions of Section 4 of this Article |
15 | by a state agency designated by general law. This exemption is |
16 | repealed on the effective date of any amendment to Section 4 of |
17 | this Article that provides for the assessment of homestead |
18 | property at less than just value. |
19 | (b) Not more than one exemption shall be allowed any |
20 | individual or family unit or with respect to any residential |
21 | unit. No exemption shall exceed the value of the real estate |
22 | assessable to the owner or, in case of ownership through stock |
23 | or membership in a corporation, the value of the proportion |
24 | which the interest in the corporation bears to the assessed |
25 | value of the property. |
26 | (c) As provided by general law and subject to conditions |
27 | specified therein, each person who establishes the right to |
28 | receive the homestead exemption provided in subsection (a) |
29 | within one year after purchasing the homestead property and who |
30 | had not previously owned property receiving the homestead |
31 | exemption provided in subsection (a) is entitled to an |
32 | additional homestead exemption in an amount equal to twenty-five |
33 | percent of the homestead property's just value on January 1 of |
34 | the year the homestead exemption is established, not to exceed |
35 | twenty-five percent of the median just value of homesteads in |
36 | the county in which the homestead is located in the year prior |
37 | to establishing the new homestead. This exemption is not |
38 | available if any owner of the property has previously owned |
39 | property that received the homestead exemption provided in |
40 | subsection (a). The additional homestead exemption shall be |
41 | reduced each year by the difference between the homestead's just |
42 | value and assessed value as determined under subsection (c) of |
43 | Section 4 of this Article until the value of the exemption is |
44 | reduced to zero. The exemption provided under this subsection |
45 | shall apply to all levies other than school district levies. |
46 | (c) By general law and subject to conditions specified |
47 | therein, the exemption shall be increased to a total of twenty- |
48 | five thousand dollars of the assessed value of the real estate |
49 | for each school district levy. By general law and subject to |
50 | conditions specified therein, the exemption for all other levies |
51 | may be increased up to an amount not exceeding ten thousand |
52 | dollars of the assessed value of the real estate if the owner |
53 | has attained age sixty-five or is totally and permanently |
54 | disabled and if the owner is not entitled to the exemption |
55 | provided in subsection (d). |
56 | (d) By general law and subject to conditions specified |
57 | therein, the exemption shall be increased to a total of the |
58 | following amounts of assessed value of real estate for each levy |
59 | other than those of school districts: fifteen thousand dollars |
60 | with respect to 1980 assessments; twenty thousand dollars with |
61 | respect to 1981 assessments; twenty-five thousand dollars with |
62 | respect to assessments for 1982 and each year thereafter. |
63 | However, such increase shall not apply with respect to any |
64 | assessment roll until such roll is first determined to be in |
65 | compliance with the provisions of section 4 by a state agency |
66 | designated by general law. This subsection shall stand repealed |
67 | on the effective date of any amendment to section 4 which |
68 | provides for the assessment of homestead property at a specified |
69 | percentage of its just value. |
70 | (d)(e) By general law and subject to conditions specified |
71 | therein, the Legislature may provide to renters, who are |
72 | permanent residents, ad valorem tax relief on all ad valorem tax |
73 | levies. Such ad valorem tax relief shall be in the form and |
74 | amount established by general law. |
75 | (e)(f) The legislature may, by general law, allow counties |
76 | or municipalities, for the purpose of their respective tax |
77 | levies and subject to the provisions of general law, to grant an |
78 | additional homestead tax exemption not exceeding fifty thousand |
79 | dollars to any person who has the legal or equitable title to |
80 | real estate and maintains thereon the permanent residence of the |
81 | owner and who has attained age sixty-five and whose household |
82 | income, as defined by general law, does not exceed twenty |
83 | thousand dollars. The general law must allow counties and |
84 | municipalities to grant this additional exemption, within the |
85 | limits prescribed in this subsection, by ordinance adopted in |
86 | the manner prescribed by general law, and must provide for the |
87 | periodic adjustment of the income limitation prescribed in this |
88 | subsection for changes in the cost of living. |
89 | (f)(g) Each veteran who is age 65 or older who is |
90 | partially or totally permanently disabled shall receive a |
91 | discount from the amount of the ad valorem tax otherwise owed on |
92 | homestead property the veteran owns and resides in if the |
93 | disability was combat related, the veteran was a resident of |
94 | this state at the time of entering the military service of the |
95 | United States, and the veteran was honorably discharged upon |
96 | separation from military service. The discount shall be in a |
97 | percentage equal to the percentage of the veteran's permanent, |
98 | service-connected disability as determined by the United States |
99 | Department of Veterans Affairs. To qualify for the discount |
100 | granted by this subsection, an applicant must submit to the |
101 | county property appraiser, by March 1, proof of residency at the |
102 | time of entering military service, an official letter from the |
103 | United States Department of Veterans Affairs stating the |
104 | percentage of the veteran's service-connected disability and |
105 | such evidence that reasonably identifies the disability as |
106 | combat related, and a copy of the veteran's honorable discharge. |
107 | If the property appraiser denies the request for a discount, the |
108 | appraiser must notify the applicant in writing of the reasons |
109 | for the denial, and the veteran may reapply. The Legislature |
110 | may, by general law, waive the annual application requirement in |
111 | subsequent years. This subsection shall take effect December 7, |
112 | 2006, is self-executing, and does not require implementing |
113 | legislation. |
114 | (g) Real property owned and used as a homestead by a |
115 | person who has attained age sixty-five and whose household |
116 | income, as defined by general law, does not exceed $23,604 is |
117 | exempt from ad valorem taxation. The legislature shall provide |
118 | for an annual adjustment of the income limitation prescribed in |
119 | this subsection for changes in the cost of living and may |
120 | provide additional financial eligibility requirements or other |
121 | eligibility requirements. |
122 | (h) Counties, for the purpose of their respective tax |
123 | levies and subject to the provisions of general law, may grant |
124 | an additional homestead exemption of not more than twenty-five |
125 | thousand dollars to any person who has the legal or equitable |
126 | title to real estate and maintains thereon the permanent |
127 | residence of the owner. Counties may grant this additional |
128 | exemption, within the limits prescribed in this subsection, by |
129 | ordinance adopted in the manner prescribed by general law. |
130 | SECTION 9. Local taxes.-- |
131 | (a) Counties, school districts, and municipalities shall, |
132 | and special districts may, be authorized by law to levy ad |
133 | valorem taxes and may be authorized by general law to levy other |
134 | taxes, for their respective purposes, except ad valorem taxes on |
135 | intangible personal property and taxes prohibited by this |
136 | constitution. |
137 | (b) Ad valorem taxes, exclusive of taxes levied for the |
138 | payment of bonds and taxes levied for periods not longer than |
139 | two years when authorized by vote of the electors who are the |
140 | owners of freeholds therein not wholly exempt from taxation, |
141 | shall not be levied in excess of the following millages upon the |
142 | assessed value of real estate and tangible personal property: |
143 | for all county purposes, ten mills; for all municipal purposes, |
144 | ten mills; for all school purposes, ten mills; for water |
145 | management purposes for the northwest portion of the state lying |
146 | west of the line between ranges two and three east, 0.05 mill; |
147 | for water management purposes for the remaining portions of the |
148 | state, 1.0 mill; and for all other special districts a millage |
149 | authorized by law approved by vote of the electors who are |
150 | owners of freeholds therein not wholly exempt from taxation. A |
151 | county furnishing municipal services may, to the extent |
152 | authorized by law, levy additional taxes within the limits fixed |
153 | for municipal purposes. |
154 | (c) By general law, the legislature shall limit the |
155 | authority of counties, municipalities, and special districts to |
156 | increase ad valorem taxes. |
157 | ARTICLE VIII |
158 | LOCAL GOVERNMENT |
159 | SECTION 1. Counties.-- |
160 | (a) POLITICAL SUBDIVISIONS. The state shall be divided by |
161 | law into political subdivisions called counties. Counties may be |
162 | created, abolished or changed by law, with provision for payment |
163 | or apportionment of the public debt. |
164 | (b) COUNTY FUNDS. The care, custody and method of |
165 | disbursing county funds shall be provided by general law. |
166 | (c) GOVERNMENT. Pursuant to general or special law, a |
167 | county government may be established by charter which shall be |
168 | adopted, amended or repealed only upon vote of the electors of |
169 | the county in a special election called for that purpose. |
170 | (d) COUNTY OFFICERS. There shall be elected by the |
171 | electors of each county, for terms of four years, a sheriff, a |
172 | tax collector, a property appraiser, a supervisor of elections, |
173 | and a clerk of the circuit court; except, when provided by |
174 | county charter or special law approved by vote of the electors |
175 | of the county, any county officer other than a property |
176 | appraiser may be chosen in another manner therein specified, or |
177 | any county office other than the office of property appraiser |
178 | may be abolished when all the duties of the office prescribed by |
179 | general law are transferred to another office. When not |
180 | otherwise provided by county charter or special law approved by |
181 | vote of the electors, the clerk of the circuit court shall be ex |
182 | officio clerk of the board of county commissioners, auditor, |
183 | recorder and custodian of all county funds. |
184 | (e) COMMISSIONERS. Except when otherwise provided by |
185 | county charter, the governing body of each county shall be a |
186 | board of county commissioners composed of five or seven members |
187 | serving staggered terms of four years. After each decennial |
188 | census the board of county commissioners shall divide the county |
189 | into districts of contiguous territory as nearly equal in |
190 | population as practicable. One commissioner residing in each |
191 | district shall be elected as provided by law. |
192 | (f) NON-CHARTER GOVERNMENT. Counties not operating under |
193 | county charters shall have such power of self-government as is |
194 | provided by general or special law. The board of county |
195 | commissioners of a county not operating under a charter may |
196 | enact, in a manner prescribed by general law, county ordinances |
197 | not inconsistent with general or special law, but an ordinance |
198 | in conflict with a municipal ordinance shall not be effective |
199 | within the municipality to the extent of such conflict. |
200 | (g) CHARTER GOVERNMENT. Counties operating under county |
201 | charters shall have all powers of local self-government not |
202 | inconsistent with general law, or with special law approved by |
203 | vote of the electors. The governing body of a county operating |
204 | under a charter may enact county ordinances not inconsistent |
205 | with general law. The charter shall provide which shall prevail |
206 | in the event of conflict between county and municipal |
207 | ordinances. |
208 | (h) TAXES; LIMITATION. Property situate within |
209 | municipalities shall not be subject to taxation for services |
210 | rendered by the county exclusively for the benefit of the |
211 | property or residents in unincorporated areas. |
212 | (i) COUNTY ORDINANCES. Each county ordinance shall be |
213 | filed with the custodian of state records and shall become |
214 | effective at such time thereafter as is provided by general law. |
215 | (j) VIOLATION OF ORDINANCES. Persons violating county |
216 | ordinances shall be prosecuted and punished as provided by law. |
217 | (k) COUNTY SEAT. In every county there shall be a county |
218 | seat at which shall be located the principal offices and |
219 | permanent records of all county officers. The county seat may |
220 | not be moved except as provided by general law. Branch offices |
221 | for the conduct of county business may be established elsewhere |
222 | in the county by resolution of the governing body of the county |
223 | in the manner prescribed by law. No instrument shall be deemed |
224 | recorded until filed at the county seat, or a branch office |
225 | designated by the governing body of the county for the recording |
226 | of instruments, according to law. |
227 | ARTICLE XII |
228 | SCHEDULE |
229 | SECTION 27. Elected property appraisers; application.--The |
230 | requirement in Section 1(d) of Article VIII for a property |
231 | appraiser to be elected by the electors of the county shall |
232 | apply in each county, including each charter county, regardless |
233 | of whether the charter was adopted pursuant to Section 1(g) of |
234 | Article VIII or pursuant to Section 9, Section 10, Section 11, |
235 | or Section 24 of Article VIII of the Constitution of 1885, as |
236 | amended and incorporated by reference in Section 6(e) of Article |
237 | VIII. Any county that does not have an elected property |
238 | appraiser on the effective date of the amendment to Section 1 of |
239 | Article VIII of this constitution shall provide for electing a |
240 | property appraiser at the next general election as provided by |
241 | general law. |
242 | SECTION 28. Property tax exemptions and ad valorem tax |
243 | limitations.--The amendments to Sections 3, 4, 6, and 9 of |
244 | Article VII, providing a $25,000 exemption from ad valorem |
245 | taxation for tangible personal property, authorizing the |
246 | transfer of the accrued benefit from the limitation on the |
247 | assessment of homestead property, providing an additional |
248 | homestead exemption for first-time homestead property owners, |
249 | providing a complete homestead exemption for low-income seniors, |
250 | providing for assessing rent-restricted affordable housing and |
251 | commercial and public-access waterfront property pursuant to |
252 | general law, limiting annual increases in assessments of |
253 | nonhomestead real property, to authorize counties to provide by |
254 | ordinance an additional up to $25,000 homestead exemption, and |
255 | requiring the legislature to limit the authority |
256 |
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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: |
259 | diminishes over time for first-time Florida homebuyers, 4) |
260 | authorizes counties to provide an additional homestead exemption |
261 | by ordinance, and 5) provides for the transfer of accumulated |
262 | Save Our Homes benefits. With respect to non-homestead property, |
263 | this revision allows the Legislature to limit ad valorem |
264 | assessments on 6) affordable housing and 7) on working |
265 | waterfronts under specific circumstances, 8) provides a $25,000 |
266 | exemption for tangible personal property, and 9) limits annual |
267 | increases in assessments of nonhomestead real property. Further, |
268 | this revision 10) requires the Legislature to limit the |
269 | authority of local governments other than school districts to |
270 | increase property taxes, and 11) requires all county property |
271 | appraisers to be elected. |
272 | In more detail, this revision: |
273 | 1. Increases the homestead exemption by providing an |
274 | additional $25,000 homestead exemption for the portion of the |
275 | assessed value above $50,000 up to $75,000. This exemption does |
276 | not 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 |
280 | on their homes. Persons 65 or older whose household income is |
281 | less than $23,604, adjusted annually for inflation, will be |
282 | totally exempt from ad valorem taxes, including school taxes, on |
283 | their homestead property. |
284 | 4. Provides an increased exemption for first-time Florida |
285 | homebuyers beginning in 2008. First-time homebuyers in Florida |
286 | who qualify for homestead exemption will be eligible for an |
287 | additional exemption equal to 25 percent of the assessed value |
288 | of their new home, not to exceed 25 percent of the county median |
289 | homestead just value for the prior year. The amount of the |
290 | exemption will decrease each year by the amount of the home's |
291 | Save Our Homes benefit. When the amount of the home's Save Our |
292 | Homes benefit meets or exceeds this exemption, the exemption is |
293 | lost. This exemption also is available to 2007 first-time |
294 | homebuyers who qualify for homestead exemption January 1, 2008. |
295 | This exemption does not apply to school taxes. |
296 | 5. Provides for the transfer of accumulated Save Our Homes |
297 | benefits. Homestead property owners will be able to transfer |
298 | their Save Our Homes benefit to a new homestead within two years |
299 | of relinquishing their previous homestead exemption; except, if |
300 | the new homestead is established on January 1, 2008, the |
301 | previous homestead must have been relinquished in 2007. If the |
302 | new homestead has a higher just value than the old one, the |
303 | entire benefit can be transferred; if the new homestead has a |
304 | lower just value, the amount of benefit transferred will be |
305 | reduced in proportion of the just value of the new homestead to |
306 | the just value of the old homestead. The transferred benefit may |
307 | not exceed $1 million. This provision does not apply to school |
308 | taxes. |
309 | 6. Provides for assessing certain rent-restricted |
310 | affordable housing property as provided by general law. This |
311 | provision will not apply to school taxes. |
312 | 7. Provides for assessing certain waterfront property used |
313 | for commercial fishing, commercial water-dependent activities, |
314 | and public access as provided by general law. This provision |
315 | will not apply to school taxes. |
316 | 8. Limits increases in assessments each year for all |
317 | property other than homestead property to the lower of 3 percent |
318 | or 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 |
321 | provision applies to all tax levies. |
322 | 10. Requires the Legislature to limit the authority of |
323 | counties, municipalities, and special districts to increase ad |
324 | valorem taxes. |
325 | 11. Requires each county to have an elected property |
326 |
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327 | ======= T I T L E A M E N D M E N T ======= |
328 | Remove line(s) 15 and insert: |
329 | complete homestead exemption for low-income seniors, to |
330 | authorize counties to provide an additional homestead exemption |
331 | by ordinance, to |