1 | Representative(s) Allen offered the following: |
2 |
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3 | Amendment (with ballot statement and title amendments) |
4 | Remove line(s) 26-484 and insert: |
5 | Sections 27, 28, and 29 of Article XII of the State Constitution |
6 | are agreed to and shall be submitted to the electors of this |
7 | state for approval or rejection at the next general election or |
8 | at an earlier special election specifically authorized by law |
9 | 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 real property |
84 | homestead assessed at just value as of January 1 of the year |
85 | following the effective date of this amendment. This assessment |
86 | shall change only as provided herein. |
87 | (1) Assessments subject to this provision shall be changed |
88 | annually on January 1st of each year, only if determined to be |
89 | necessary by the property appraiser based upon market data as |
90 | provided by general law; but those changes in assessments shall |
91 | not exceed the lower of the following: |
92 | a. Three percent (3%) of the assessment for the prior |
93 | year. |
94 | b. The percent change in the Consumer Price Index for all |
95 | urban consumers, U.S. City Average, all items 1967=100, or |
96 | successor reports for the preceding calendar year as initially |
97 | reported by the United States Department of Labor, Bureau of |
98 | Labor Statistics. |
99 | (2) No assessment shall exceed just value. |
100 | (3) After any change of ownership, as provided by general |
101 | law, real homestead property shall be assessed at just value as |
102 | of January 1 of the following year. Thereafter, the real |
103 | property homestead shall be assessed as provided herein. |
104 | (4) New real homestead property shall be assessed at just |
105 | value as of January 1st of the year following the establishment |
106 | of the real property homestead. That assessment shall only |
107 | change as provided herein. |
108 | (5) Changes, additions, reductions, or improvements to |
109 | real homestead property shall be assessed as provided for by |
110 | general law; provided, however, after the adjustment for any |
111 | change, addition, reduction, or improvement, the property shall |
112 | be assessed as provided herein. |
113 | (6) In the event of a termination of homestead status, the |
114 | property shall be assessed as provided by general law. |
115 | (6)(7) The provisions of this amendment are severable. If |
116 | any of the provisions of this amendment shall be held |
117 | unconstitutional by any court of competent jurisdiction, the |
118 | decision of such court shall not affect or impair any remaining |
119 | provisions of this amendment. |
120 | (7)a. For all levies other than school district levies, a |
121 | person who establishes a new homestead as of January 1, 2009, or |
122 | January 1 of any subsequent year and who has received a |
123 | homestead exemption pursuant to Section 6 of this Article as of |
124 | January 1 of either of the two years immediately preceding the |
125 | establishment of the new homestead is entitled to have the new |
126 | homestead assessed at less than just value. A person who |
127 | establishes a new homestead as of January 1, 2008, is entitled |
128 | to have the new homestead assessed at less than just value only |
129 | if that person received a homestead exemption on January 1, |
130 | 2007. The assessed value of the newly established homestead |
131 | shall be determined as follows: |
132 | 1. If the just value of the new homestead is greater than |
133 | or equal to the just value of the prior homestead of the person |
134 | establishing the new homestead as of January 1 of the year in |
135 | which the prior homestead was abandoned, the assessed value of |
136 | the new homestead shall be the just value of the new homestead |
137 | minus an amount equal to the lesser of $1 million or the |
138 | difference between the just value and the assessed value of the |
139 | prior homestead as of January 1 of the year in which the prior |
140 | homestead was abandoned. Thereafter, the homestead shall be |
141 | assessed as provided herein. |
142 | 2. If the just value of the new homestead is less than the |
143 | just value of the prior homestead of the person establishing the |
144 | new homestead as of January 1 of the year in which the prior |
145 | homestead was abandoned, the assessed value of the new homestead |
146 | shall be equal to the just value of the new homestead divided by |
147 | the just value of the prior homestead and multiplied by the |
148 | assessed value of the prior homestead. However, if the |
149 | difference between the just value of the new homestead and the |
150 | assessed value of the new homestead calculated pursuant to this |
151 | sub-subparagraph is greater than $1 million, the assessed value |
152 | of the new homestead shall be increased so that the difference |
153 | between the just value and the assessed value equals $1 million. |
154 | Thereafter, the homestead shall be assessed as provided herein. |
155 | b. By general law and subject to conditions specified |
156 | therein, the legislature shall provide for application of this |
157 | paragraph to property owned by more than one person. |
158 | (d) The legislature may, by general law, for assessment |
159 | purposes and subject to the provisions of this subsection, allow |
160 | counties and municipalities to authorize by ordinance that |
161 | historic property may be assessed solely on the basis of |
162 | character or use. Such character or use assessment shall apply |
163 | only to the jurisdiction adopting the ordinance. The |
164 | requirements for eligible properties must be specified by |
165 | general law. |
166 | (e) A county may, in the manner prescribed by general law, |
167 | provide for a reduction in the assessed value of homestead |
168 | property to the extent of any increase in the assessed value of |
169 | that property which results from the construction or |
170 | reconstruction of the property for the purpose of providing |
171 | living quarters for one or more natural or adoptive grandparents |
172 | or parents of the owner of the property or of the owner's spouse |
173 | if at least one of the grandparents or parents for whom the |
174 | living quarters are provided is 62 years of age or older. Such a |
175 | reduction may not exceed the lesser of the following: |
176 | (1) The increase in assessed value resulting from |
177 | construction or reconstruction of the property. |
178 | (2) Twenty percent of the total assessed value of the |
179 | property as improved. |
180 | (f) As defined by general law, real property that is used |
181 | to provide affordable housing and is subject to rent |
182 | restrictions imposed by a governmental agency may be assessed as |
183 | provided by general law, subject to conditions or limitations |
184 | specified therein. This subsection shall apply to all levies |
185 | other than school district levies. |
186 | (g) As defined by general law, land that is used |
187 | exclusively for commercial fishing purposes or that is open to |
188 | the public and used predominantly for commercial water-dependent |
189 | activities or for public access to waters that are navigable may |
190 | be assessed as provided by general law, subject to conditions or |
191 | limitations specified therein. For purposes of this paragraph, |
192 | the term "water-dependent activity" means any activity that can |
193 | be conducted only on, in, over, or adjacent to waters that are |
194 | navigable and that requires direct access to water and involves |
195 | the use of water as an integral part of such activity. This |
196 | subsection shall apply to all levies other than school district |
197 | levies. |
198 | (h) Increases in assessments each year for all property |
199 | other than property entitled to the assessment increase |
200 | limitations provided in this section shall not exceed the |
201 | limitations specified in paragraph (1) of subsection (c) of this |
202 | section. |
203 | SECTION 6. Homestead exemptions.-- |
204 | (a) Every person who has the legal or equitable title to |
205 | real estate and maintains thereon the permanent residence of the |
206 | owner, or another legally or naturally dependent upon the owner, |
207 | shall be exempt from taxation thereon, except assessments for |
208 | special benefits, up to the assessed valuation of twenty-five |
209 | five thousand dollars and, for all levies other than school |
210 | district levies, on the assessed valuation greater than fifty |
211 | thousand dollars and up to seventy-five thousand dollars, upon |
212 | establishment of right thereto in the manner prescribed by law. |
213 | The real estate may be held by legal or equitable title, by the |
214 | entireties, jointly, in common, as a condominium, or indirectly |
215 | by stock ownership or membership representing the owner's or |
216 | member's proprietary interest in a corporation owning a fee or a |
217 | leasehold initially in excess of ninety-eight years. The |
218 | exemption shall not apply with respect to any assessment roll |
219 | until such roll is first determined to be in compliance with the |
220 | provisions of Section 4 of this Article by a state agency |
221 | designated by general law. This exemption is repealed on the |
222 | effective date of any amendment to Section 4 of this Article |
223 | that provides for the assessment of homestead property at less |
224 | than just value. |
225 | (b) Not more than one exemption shall be allowed any |
226 | individual or family unit or with respect to any residential |
227 | unit. No exemption shall exceed the value of the real estate |
228 | assessable to the owner or, in case of ownership through stock |
229 | or membership in a corporation, the value of the proportion |
230 | which the interest in the corporation bears to the assessed |
231 | value of the property. |
232 | (c) As provided by general law and subject to conditions |
233 | specified therein, each person who establishes the right to |
234 | receive the homestead exemption provided in subsection (a) |
235 | within one year after purchasing the homestead property and who |
236 | had not previously owned property receiving the homestead |
237 | exemption provided in subsection (a) is entitled to an |
238 | additional homestead exemption in an amount equal to twenty-five |
239 | percent of the homestead property's just value on January 1 of |
240 | the year the homestead exemption is established, not to exceed |
241 | twenty-five percent of the median just value of homesteads in |
242 | the county in which the homestead is located in the year prior |
243 | to establishing the new homestead. This exemption is not |
244 | available if any owner of the property has previously owned |
245 | property that received the homestead exemption provided in |
246 | subsection (a). The additional homestead exemption shall be |
247 | reduced each year by the difference between the homestead's just |
248 | value and assessed value as determined under subsection (c) of |
249 | Section 4 of this Article until the value of the exemption is |
250 | reduced to zero. The exemption provided under this subsection |
251 | shall apply to all levies other than school district levies. |
252 | (c) By general law and subject to conditions specified |
253 | therein, the exemption shall be increased to a total of twenty- |
254 | five thousand dollars of the assessed value of the real estate |
255 | for each school district levy. By general law and subject to |
256 | conditions specified therein, the exemption for all other levies |
257 | may be increased up to an amount not exceeding ten thousand |
258 | dollars of the assessed value of the real estate if the owner |
259 | has attained age sixty-five or is totally and permanently |
260 | disabled and if the owner is not entitled to the exemption |
261 | provided in subsection (d). |
262 | (d) By general law and subject to conditions specified |
263 | therein, the exemption shall be increased to a total of the |
264 | following amounts of assessed value of real estate for each levy |
265 | other than those of school districts: fifteen thousand dollars |
266 | with respect to 1980 assessments; twenty thousand dollars with |
267 | respect to 1981 assessments; twenty-five thousand dollars with |
268 | respect to assessments for 1982 and each year thereafter. |
269 | However, such increase shall not apply with respect to any |
270 | assessment roll until such roll is first determined to be in |
271 | compliance with the provisions of section 4 by a state agency |
272 | designated by general law. This subsection shall stand repealed |
273 | on the effective date of any amendment to section 4 which |
274 | provides for the assessment of homestead property at a specified |
275 | percentage of its just value. |
276 | (d)(e) By general law and subject to conditions specified |
277 | therein, the Legislature may provide to renters, who are |
278 | permanent residents, ad valorem tax relief on all ad valorem tax |
279 | levies. Such ad valorem tax relief shall be in the form and |
280 | amount established by general law. |
281 | (e)(f) The legislature may, by general law, allow counties |
282 | or municipalities, for the purpose of their respective tax |
283 | levies and subject to the provisions of general law, to grant an |
284 | additional homestead tax exemption not exceeding fifty thousand |
285 | dollars to any person who has the legal or equitable title to |
286 | real estate and maintains thereon the permanent residence of the |
287 | owner and who has attained age sixty-five and whose household |
288 | income, as defined by general law, does not exceed twenty |
289 | thousand dollars. The general law must allow counties and |
290 | municipalities to grant this additional exemption, within the |
291 | limits prescribed in this subsection, by ordinance adopted in |
292 | the manner prescribed by general law, and must provide for the |
293 | periodic adjustment of the income limitation prescribed in this |
294 | subsection for changes in the cost of living. |
295 | (f)(g) Each veteran who is age 65 or older who is |
296 | partially or totally permanently disabled shall receive a |
297 | discount from the amount of the ad valorem tax otherwise owed on |
298 | homestead property the veteran owns and resides in if the |
299 | disability was combat related, the veteran was a resident of |
300 | this state at the time of entering the military service of the |
301 | United States, and the veteran was honorably discharged upon |
302 | separation from military service. The discount shall be in a |
303 | percentage equal to the percentage of the veteran's permanent, |
304 | service-connected disability as determined by the United States |
305 | Department of Veterans Affairs. To qualify for the discount |
306 | granted by this subsection, an applicant must submit to the |
307 | county property appraiser, by March 1, proof of residency at the |
308 | time of entering military service, an official letter from the |
309 | United States Department of Veterans Affairs stating the |
310 | percentage of the veteran's service-connected disability and |
311 | such evidence that reasonably identifies the disability as |
312 | combat related, and a copy of the veteran's honorable discharge. |
313 | If the property appraiser denies the request for a discount, the |
314 | appraiser must notify the applicant in writing of the reasons |
315 | for the denial, and the veteran may reapply. The Legislature |
316 | may, by general law, waive the annual application requirement in |
317 | subsequent years. This subsection shall take effect December 7, |
318 | 2006, is self-executing, and does not require implementing |
319 | legislation. |
320 | (g) Real property owned and used as a homestead by a |
321 | person who has attained age sixty-five and whose household |
322 | income, as defined by general law, does not exceed $23,604 is |
323 | exempt from ad valorem taxation. The legislature shall provide |
324 | for an annual adjustment of the income limitation prescribed in |
325 | this subsection for changes in the cost of living and may |
326 | provide additional financial eligibility requirements or other |
327 | eligibility requirements. |
328 | SECTION 9. Local taxes.-- |
329 | (a) Counties, school districts, and municipalities shall, |
330 | and special districts may, be authorized by law to levy ad |
331 | valorem taxes and may be authorized by general law to levy other |
332 | taxes, for their respective purposes, except ad valorem taxes on |
333 | intangible personal property and taxes prohibited by this |
334 | constitution. |
335 | (b) Ad valorem taxes, exclusive of taxes levied for the |
336 | payment of bonds and taxes levied for periods not longer than |
337 | two years when authorized by vote of the electors who are the |
338 | owners of freeholds therein not wholly exempt from taxation, |
339 | shall not be levied in excess of the following millages upon the |
340 | assessed value of real estate and tangible personal property: |
341 | for all county purposes, ten mills; for all municipal purposes, |
342 | ten mills; for all school purposes, ten mills; for water |
343 | management purposes for the northwest portion of the state lying |
344 | west of the line between ranges two and three east, 0.05 mill; |
345 | for water management purposes for the remaining portions of the |
346 | state, 1.0 mill; and for all other special districts a millage |
347 | authorized by law approved by vote of the electors who are |
348 | owners of freeholds therein not wholly exempt from taxation. A |
349 | county furnishing municipal services may, to the extent |
350 | authorized by law, levy additional taxes within the limits fixed |
351 | for municipal purposes. |
352 | (c) By general law, the legislature shall limit the |
353 | authority of counties, municipalities, and special districts to |
354 | increase ad valorem taxes. |
355 | ARTICLE VIII |
356 | LOCAL GOVERNMENT |
357 | SECTION 1. Counties.-- |
358 | (a) POLITICAL SUBDIVISIONS. The state shall be divided by |
359 | law into political subdivisions called counties. Counties may be |
360 | created, abolished or changed by law, with provision for payment |
361 | or apportionment of the public debt. |
362 | (b) COUNTY FUNDS. The care, custody and method of |
363 | disbursing county funds shall be provided by general law. |
364 | (c) GOVERNMENT. Pursuant to general or special law, a |
365 | county government may be established by charter which shall be |
366 | adopted, amended or repealed only upon vote of the electors of |
367 | the county in a special election called for that purpose. |
368 | (d) COUNTY OFFICERS. There shall be elected by the |
369 | electors of each county, for terms of four years, a sheriff, a |
370 | tax collector, a property appraiser, a supervisor of elections, |
371 | and a clerk of the circuit court; except, when provided by |
372 | county charter or special law approved by vote of the electors |
373 | of the county, any county officer other than a property |
374 | appraiser may be chosen in another manner therein specified, or |
375 | any county office other than the office of property appraiser |
376 | may be abolished when all the duties of the office prescribed by |
377 | general law are transferred to another office. When not |
378 | otherwise provided by county charter or special law approved by |
379 | vote of the electors, the clerk of the circuit court shall be ex |
380 | officio clerk of the board of county commissioners, auditor, |
381 | recorder and custodian of all county funds. |
382 | (e) COMMISSIONERS. Except when otherwise provided by |
383 | county charter, the governing body of each county shall be a |
384 | board of county commissioners composed of five or seven members |
385 | serving staggered terms of four years. After each decennial |
386 | census the board of county commissioners shall divide the county |
387 | into districts of contiguous territory as nearly equal in |
388 | population as practicable. One commissioner residing in each |
389 | district shall be elected as provided by law. |
390 | (f) NON-CHARTER GOVERNMENT. Counties not operating under |
391 | county charters shall have such power of self-government as is |
392 | provided by general or special law. The board of county |
393 | commissioners of a county not operating under a charter may |
394 | enact, in a manner prescribed by general law, county ordinances |
395 | not inconsistent with general or special law, but an ordinance |
396 | in conflict with a municipal ordinance shall not be effective |
397 | within the municipality to the extent of such conflict. |
398 | (g) CHARTER GOVERNMENT. Counties operating under county |
399 | charters shall have all powers of local self-government not |
400 | inconsistent with general law, or with special law approved by |
401 | vote of the electors. The governing body of a county operating |
402 | under a charter may enact county ordinances not inconsistent |
403 | with general law. The charter shall provide which shall prevail |
404 | in the event of conflict between county and municipal |
405 | ordinances. |
406 | (h) TAXES; LIMITATION. Property situate within |
407 | municipalities shall not be subject to taxation for services |
408 | rendered by the county exclusively for the benefit of the |
409 | property or residents in unincorporated areas. |
410 | (i) COUNTY ORDINANCES. Each county ordinance shall be |
411 | filed with the custodian of state records and shall become |
412 | effective at such time thereafter as is provided by general law. |
413 | (j) VIOLATION OF ORDINANCES. Persons violating county |
414 | ordinances shall be prosecuted and punished as provided by law. |
415 | (k) COUNTY SEAT. In every county there shall be a county |
416 | seat at which shall be located the principal offices and |
417 | permanent records of all county officers. The county seat may |
418 | not be moved except as provided by general law. Branch offices |
419 | for the conduct of county business may be established elsewhere |
420 | in the county by resolution of the governing body of the county |
421 | in the manner prescribed by law. No instrument shall be deemed |
422 | recorded until filed at the county seat, or a branch office |
423 | designated by the governing body of the county for the recording |
424 | of instruments, according to law. |
425 | ARTICLE XII |
426 | SCHEDULE |
427 | SECTION 27. Assessments of real property.--The amendment |
428 | to Section 4 of Article VII, applying to all real property the |
429 | limitations on assessments previously applied only to homestead |
430 | property and requiring changes in assessments only if determined |
431 | to be necessary by the property appraiser based upon market |
432 | data, shall take effect January 1 of the year following the |
433 | election in which the amendment is approved. |
434 | SECTION 28. Elected property appraisers; application.--The |
435 | requirement in Section 1(d) of Article VIII for a property |
436 | appraiser to be elected by the electors of the county shall |
437 | apply in each county, including each charter county, regardless |
438 | of whether the charter was adopted pursuant to Section 1(g) of |
439 | Article VIII or pursuant to Section 9, Section 10, Section 11, |
440 | or Section 24 of Article VIII of the Constitution of 1885, as |
441 | amended and incorporated by reference in Section 6(e) of Article |
442 | VIII. Any county that does not have an elected property |
443 | appraiser on the effective date of the amendment to Section 1 of |
444 | Article VIII of this constitution shall provide for electing a |
445 | property appraiser at the next general election as provided by |
446 | general law. |
447 | SECTION 29. Property tax exemptions and ad valorem tax |
448 | limitations.--The amendments to Sections 3, 4, 6, and 9 of |
449 | Article VII, providing a $25,000 exemption from ad valorem |
450 | taxation for tangible personal property, providing an additional |
451 | $25,000 homestead exemption, authorizing the transfer of the |
452 | accrued benefit from the limitation on the assessment of |
453 | homestead property, providing an additional homestead exemption |
454 | for first-time homestead property owners, providing a complete |
455 | homestead exemption for low-income seniors, providing for |
456 | assessing rent-restricted affordable housing and commercial and |
457 | public-access waterfront property pursuant to general law, |
458 | limiting annual increases in assessments of nonhomestead real |
459 | property, and requiring the legislature to limit the authority |
460 | of counties, municipalities, and special districts to increase |
461 | ad valorem taxes; the amendment to Section 1 of Article VIII, |
462 | requiring property appraisers to be elected; and the creation of |
463 | Sections 27 and 28 of this Article, providing for assessment of |
464 | all real property subject to the same limitations on increases |
465 | in assessments formerly provided to homestead property and |
466 | providing for election of county property appraisers, and this |
467 | section, if submitted to the electors of this state for approval |
468 | or rejection at a special election authorized by law to be held |
469 | on January 29, 2008, shall take effect upon approval by the |
470 | electors and shall operate retroactively to January 1, 2008, or, |
471 | if submitted to the electors of this state for approval or |
472 | rejection at the next general election, shall take effect |
473 | January 1 of the year following such general election. |
474 |
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475 |
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476 | == B A L L O T S T A T E M E N T A M E N D M E N T == |
477 | Remove line(s) 490-577 and insert: |
478 | ARTICLE XII, SECTIONS 27, 28, AND 29 |
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 all |
483 | real property, 1) this revision provides for applying the |
484 | limitations on increases in assessments formerly applied to |
485 | homestead property to all real property. With respect to |
486 | homestead property, this revision 2) adds an additional |
487 | homestead exemption for most homestead owners,3) exempts certain |
488 | low-income seniors from ad valorem tax on their homesteads, 4) |
489 | provides an additional homestead exemption that diminishes over |
490 | time for first-time Florida homebuyers, and 5) provides for the |
491 | transfer of accumulated Save Our Homes benefits. With respect to |
492 | non-homestead property, this revision allows the Legislature to |
493 | limit ad valorem assessments on 6) affordable housing and 7) on |
494 | working waterfronts under specific circumstances, 8) provides a |
495 | $25,000 exemption for tangible personal property, and 9) limits |
496 | annual increases in assessments of nonhomestead real property. |
497 | Further, this revision 10) requires the Legislature to limit the |
498 | authority of local governments other than school districts to |
499 | increase property taxes, and 11) requires all county property |
500 | appraisers to be elected. |
501 | In more detail, this revision: |
502 | 1. Provides for applying to all real property the |
503 | limitations on increases in assessments formerly applied only to |
504 | homestead real property. |
505 | 2. Increases the homestead exemption by providing an |
506 | additional $25,000 homestead exemption for the portion of the |
507 | assessed value above $50,000 up to $75,000. This exemption does |
508 | not apply to school taxes. |
509 | 3. Exempts certain low-income seniors from ad valorem tax |
510 | on their homes. Persons 65 or older whose household income is |
511 | less than $23,604, adjusted annually for inflation, will be |
512 | totally exempt from ad valorem taxes, including school taxes, on |
513 | their homestead property. |
514 | 4. Provides an increased exemption for first-time Florida |
515 | homebuyers beginning in 2008. First-time homebuyers in Florida |
516 | who qualify for homestead exemption will be eligible for an |
517 | additional exemption equal to 25 percent of the assessed value |
518 | of their new home, not to exceed 25 percent of the county median |
519 | homestead just value for the prior year. The amount of the |
520 | exemption will decrease each year by the amount of the home's |
521 | Save Our Homes benefit. When the amount of the home's Save Our |
522 | Homes benefit meets or exceeds this exemption, the exemption is |
523 | lost. This exemption also is available to 2007 first-time |
524 | homebuyers who qualify for homestead exemption January 1, 2008. |
525 | This exemption does not apply to school taxes. |
526 | 5. Provides for the transfer of accumulated Save Our Homes |
527 | benefits. Homestead property owners will be able to transfer |
528 | their Save Our Homes benefit to a new homestead within two years |
529 | of relinquishing their previous homestead exemption; except, if |
530 | the new homestead is established on January 1, 2008, the |
531 | previous homestead must have been relinquished in 2007. If the |
532 | new homestead has a higher just value than the old one, the |
533 | entire benefit can be transferred; if the new homestead has a |
534 | lower just value, the amount of benefit transferred will be |
535 | reduced in proportion of the just value of the new homestead to |
536 | the just value of the old homestead. The transferred benefit may |
537 | not exceed $1 million. This provision does not apply to school |
538 | taxes. |
539 | 6. Provides for assessing certain rent-restricted |
540 | affordable housing property as provided by general law. This |
541 | provision will not apply to school taxes. |
542 | 7. Provides for assessing certain waterfront property used |
543 | for commercial fishing, commercial water-dependent activities, |
544 | and public access as provided by general law. This provision |
545 | will not apply to school taxes. |
546 | 8. Limits increases in assessments each year for all |
547 | property other than homestead property to the lower of 3 percent |
548 | or the percentage change in the Consumer Price Index. |
549 | 9. Authorizes an exemption from ad valorem taxes of |
550 | $25,000 of assessed value of tangible personal property. This |
551 | provision applies to all tax levies. |
552 | 10. Requires the Legislature to limit the authority of |
553 | counties, municipalities, and special districts to increase ad |
554 | valorem taxes. |
555 | 11. Requires each county to have an elected property |
556 | appraiser as a county officer and eliminates the option for |
557 | choosing a property appraiser in any other manner as provided by |
558 | county charter or special law approved by vote of the electors |
559 | of the county and the option of abolishing the office of the |
560 | property appraiser when all the duties of the office prescribed |
561 | by general law are transferred to another office. Provides that |
562 | the requirement for a property appraiser elected by the electors |
563 | of the county shall apply in each county without exception, |
564 | including each charter county, regardless of the authority under |
565 | which the charter was adopted. It further provides for |
566 | application of the elected property appraiser requirement to |
567 | counties, and charter counties notwithstanding constitutional |
568 | grants of authority to charter counties, and requires such |
569 | counties to provide for electing a property appraiser as |
570 | provided by general law. |
571 |
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572 |
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573 | ======= T I T L E A M E N D M E N T ======= |
574 | Remove line(s) 4-6 and insert: |
575 | the creation of Sections 27, 28, and 29 of Article XII of the |
576 | State Constitution, to require an exemption from ad valorem |
577 | taxation for tangible personal property, to apply Save Our Homes |
578 | assessment increase limitations to all real property, to |