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