(LATE FILED)Amendment
Bill No. 7001D
Amendment No. 077901
CHAMBER ACTION
Senate House
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1Representative(s) N. Thompson offered the following:
2
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
6Section 6 of this Article shall have their homestead assessed at
7just value as of January 1 of the year following the effective
8date of this amendment. This assessment shall change only as
9provided herein.
10     (1)  Assessments subject to this provision shall be changed
11annually on January 1st of each year; but, if just values
12decrease from the prior year, those changes in assessments shall
13decrease by the percentage decrease in just value, if just
14values remain the same from the prior year, those assessments
15shall not change, and if just values increase from the prior
16year, those changes in assessments shall not exceed the lower of
17the following:
18     a.  Three percent (3%) of the assessment for the prior
19year.
20     b.  The percent change in the Consumer Price Index for all
21urban consumers, U.S. City Average, all items 1967=100, or
22successor reports for the preceding calendar year as initially
23reported by the United States Department of Labor, Bureau of
24Labor Statistics.
25     (2)  No assessment shall exceed just value.
26     (3)  After any change of ownership, as provided by general
27law, homestead property shall be assessed at just value as of
28January 1 of the following year, unless the provisions of
29paragraph (8) apply. Thereafter, the homestead shall be assessed
30as provided herein.
31     (4)  New homestead property shall be assessed at just value
32as of January 1st of the year following the establishment of the
33homestead, unless the provisions of paragraph (8) apply. That
34assessment shall only change as provided herein.
35     (5)  Changes, additions, reductions, or improvements to
36homestead property shall be assessed as provided for by general
37law; provided, however, after the adjustment for any change,
38addition, reduction, or improvement, the property shall be
39assessed as provided herein.
40     (6)  In the event of a termination of homestead status, the
41property shall be assessed as provided by general law.
42     (7)  The provisions of this amendment are severable. If any
43of the provisions of this amendment shall be held
44unconstitutional by any court of competent jurisdiction, the
45decision of such court shall not affect or impair any remaining
46provisions of this amendment.
47     (8)a.  For all levies other than school district levies, a
48person who establishes a new homestead as of January 1, 2009, or
49January 1 of any subsequent year and who has received a
50homestead exemption pursuant to Section 6 of this Article as of
51January 1 of either of the two years immediately preceding the
52establishment of the new homestead is entitled to have the new
53homestead assessed at less than just value. A person who
54establishes a new homestead as of January 1, 2008, is entitled
55to have the new homestead assessed at less than just value only
56if that person received a homestead exemption on January 1,
572007. The assessed value of the newly established homestead
58shall be determined as follows:
59     1.  If the just value of the new homestead is greater than
60or equal to the just value of the prior homestead of the person
61establishing the new homestead as of January 1 of the year in
62which the prior homestead was abandoned, the assessed value of
63the new homestead shall be the just value of the new homestead
64minus an amount equal to the lesser of $1 million or the
65difference between the just value and the assessed value of the
66prior homestead as of January 1 of the year in which the prior
67homestead was abandoned. Thereafter, the homestead shall be
68assessed as provided herein.
69     2.  If the just value of the new homestead is less than the
70just value of the prior homestead of the person establishing the
71new homestead as of January 1 of the year in which the prior
72homestead was abandoned, the assessed value of the new homestead
73shall be equal to the just value of the new homestead divided by
74the just value of the prior homestead and multiplied by the
75assessed value of the prior homestead. However, if the
76difference between the just value of the new homestead and the
77assessed value of the new homestead calculated pursuant to this
78sub-subparagraph is greater than $1 million, the assessed value
79of the new homestead shall be increased so that the difference
80between the just value and the assessed value equals $1 million.
81Thereafter, the homestead shall be assessed as provided herein.
82     b.  By general law and subject to conditions specified
83therein, the legislature shall provide for application of this
84paragraph to property owned by more than one person.
85     (d)  The legislature may, by general law, for assessment
86purposes and subject to the provisions of this subsection, allow
87counties and municipalities to authorize by ordinance that
88historic property may be assessed solely on the basis of
89character or use. Such character or use assessment shall apply
90only to the jurisdiction adopting the ordinance. The
91requirements for eligible properties must be specified by
92general law.
93     (e)  A county may, in the manner prescribed by general law,
94provide for a reduction in the assessed value of homestead
95property to the extent of any increase in the assessed value of
96that property which results from the construction or
97reconstruction of the property for the purpose of providing
98living quarters for one or more natural or adoptive grandparents
99or parents of the owner of the property or of the owner's spouse
100if at least one of the grandparents or parents for whom the
101living quarters are provided is 62 years of age or older. Such a
102reduction may not exceed the lesser of the following:
103     (1)  The increase in assessed value resulting from
104construction or reconstruction of the property.
105     (2)  Twenty percent of the total assessed value of the
106property as improved.
107     (f)  As defined by general law, real property that is used
108to provide affordable housing and is subject to rent
109restrictions imposed by a governmental agency may be assessed as
110provided by general law, subject to conditions or limitations
111specified therein. This subsection shall apply to all levies
112other than school district levies.
113     (g)  As defined by general law, land that is used
114exclusively for commercial fishing purposes or that is open to
115the public and used predominantly for commercial water-dependent
116activities or for public access to waters that are navigable may
117be assessed as provided by general law, subject to conditions or
118limitations specified therein. For purposes of this paragraph,
119the term "water-dependent activity" means any activity that can
120be conducted only on, in, over, or adjacent to waters that are
121navigable and that requires direct access to water and involves
122the use of water as an integral part of such activity. This
123subsection shall apply to all levies other than school district
124levies.
125     (h)  Increases in assessments each year for all property
126other than property entitled to the assessment increase
127limitations provided in this section shall not exceed the
128limitations specified in paragraph (1) of subsection (c) of this
129section.
130     SECTION 6.  Homestead exemptions.--
131     (a)  Every person who has the legal or equitable title to
132real estate and maintains thereon the permanent residence of the
133owner, or another legally or naturally dependent upon the owner,
134shall be exempt from taxation thereon, except assessments for
135special benefits, up to the assessed valuation of twenty-five
136five thousand dollars and, for all levies other than school
137district levies, on the assessed valuation greater than fifty
138thousand dollars and up to seventy-five thousand dollars, upon
139establishment of right thereto in the manner prescribed by law.  
140The real estate may be held by legal or equitable title, by the
141entireties, jointly, in common, as a condominium, or indirectly
142by stock ownership or membership representing the owner's or
143member's proprietary interest in a corporation owning a fee or a
144leasehold initially in excess of ninety-eight years. The
145exemption shall not apply with respect to any assessment roll
146until such roll is first determined to be in compliance with the
147provisions of Section 4 of this Article by a state agency
148designated by general law. This exemption is repealed on the
149effective date of any amendment to Section 4 of this Article
150that provides for the assessment of homestead property at less
151than just value.
152     (b)  Not more than one exemption shall be allowed any
153individual or family unit or with respect to any residential
154unit. No exemption shall exceed the value of the real estate
155assessable to the owner or, in case of ownership through stock
156or membership in a corporation, the value of the proportion
157which the interest in the corporation bears to the assessed
158value of the property.
159     (c)  As provided by general law and subject to conditions
160specified therein, each person who establishes the right to
161receive the homestead exemption provided in subsection (a)
162within one year after purchasing the homestead property and who
163had not previously owned property receiving the homestead
164exemption provided in subsection (a) is entitled to an
165additional homestead exemption in an amount equal to twenty-five
166percent of the homestead property's just value on January 1 of
167the year the homestead exemption is established, not to exceed
168twenty-five percent of the median just value of homesteads in
169the county in which the homestead is located in the year prior
170to establishing the new homestead. This exemption is not
171available if any owner of the property has previously owned
172property that received the homestead exemption provided in
173subsection (a). The additional homestead exemption shall be
174reduced each year by the difference between the homestead's just
175value and assessed value as determined under subsection (c) of
176Section 4 of this Article until the value of the exemption is
177reduced to zero. The exemption provided under this subsection
178shall apply to all levies other than school district levies.
179     (c)  By general law and subject to conditions specified
180therein, the exemption shall be increased to a total of twenty-
181five thousand dollars of the assessed value of the real estate
182for each school district levy. By general law and subject to
183conditions specified therein, the exemption for all other levies
184may be increased up to an amount not exceeding ten thousand
185dollars of the assessed value of the real estate if the owner
186has attained age sixty-five or is totally and permanently
187disabled and if the owner is not entitled to the exemption
188provided in subsection (d).
189     (d)  By general law and subject to conditions specified
190therein, the exemption shall be increased to a total of the
191following amounts of assessed value of real estate for each levy
192other than those of school districts: fifteen thousand dollars
193with respect to 1980 assessments; twenty thousand dollars with
194respect to 1981 assessments; twenty-five thousand dollars with
195respect to assessments for 1982 and each year thereafter.
196However, such increase shall not apply with respect to any
197assessment roll until such roll is first determined to be in
198compliance with the provisions of section 4 by a state agency
199designated by general law.  This subsection shall stand repealed
200on the effective date of any amendment to section 4 which
201provides for the assessment of homestead property at a specified
202percentage of its just value.
203     (d)(e)  By general law and subject to conditions specified
204therein, the Legislature may provide to renters, who are
205permanent residents, ad valorem tax relief on all ad valorem tax
206levies. Such ad valorem tax relief shall be in the form and
207amount established by general law.
208     (e)(f)  The legislature may, by general law, allow counties
209or municipalities, for the purpose of their respective tax
210levies and subject to the provisions of general law, to grant an
211additional homestead tax exemption not exceeding fifty thousand
212dollars to any person who has the legal or equitable title to
213real estate and maintains thereon the permanent residence of the
214owner and who has attained age sixty-five and whose household
215income, as defined by general law, does not exceed twenty
216thousand dollars. The general law must allow counties and
217municipalities to grant this additional exemption, within the
218limits prescribed in this subsection, by ordinance adopted in
219the manner prescribed by general law, and must provide for the
220periodic adjustment of the income limitation prescribed in this
221subsection for changes in the cost of living.
222     (f)(g)  Each veteran who is age 65 or older who is
223partially or totally permanently disabled shall receive a
224discount from the amount of the ad valorem tax otherwise owed on
225homestead property the veteran owns and resides in if the
226disability was combat related, the veteran was a resident of
227this state at the time of entering the military service of the
228United States, and the veteran was honorably discharged upon
229separation from military service. The discount shall be in a
230percentage equal to the percentage of the veteran's permanent,
231service-connected disability as determined by the United States
232Department of Veterans Affairs. To qualify for the discount
233granted by this subsection, an applicant must submit to the
234county property appraiser, by March 1, proof of residency at the
235time of entering military service, an official letter from the
236United States Department of Veterans Affairs stating the
237percentage of the veteran's service-connected disability and
238such evidence that reasonably identifies the disability as
239combat related, and a copy of the veteran's honorable discharge.
240If the property appraiser denies the request for a discount, the
241appraiser must notify the applicant in writing of the reasons
242for the denial, and the veteran may reapply. The Legislature
243may, by general law, waive the annual application requirement in
244subsequent years. This subsection shall take effect December 7,
2452006, is self-executing, and does not require implementing
246legislation.
247     (g)  Real property owned and used as a homestead by a
248person who has attained age sixty-five and whose household
249income, as defined by general law, does not exceed $23,604 is
250exempt from ad valorem taxation. The legislature shall provide
251for an annual adjustment of the income limitation prescribed in
252this subsection for changes in the cost of living and may
253provide additional financial eligibility requirements or other
254eligibility requirements.
255     SECTION 9.  Local taxes.--
256     (a)  Counties, school districts, and municipalities shall,
257and special districts may, be authorized by law to levy ad
258valorem taxes and may be authorized by general law to levy other
259taxes, for their respective purposes, except ad valorem taxes on
260intangible personal property and taxes prohibited by this
261constitution.
262     (b)  Ad valorem taxes, exclusive of taxes levied for the
263payment of bonds and taxes levied for periods not longer than
264two years when authorized by vote of the electors who are the
265owners of freeholds therein not wholly exempt from taxation,
266shall not be levied in excess of the following millages upon the
267assessed value of real estate and tangible personal property:
268for all county purposes, ten mills; for all municipal purposes,
269ten mills; for all school purposes, ten mills; for water
270management purposes for the northwest portion of the state lying
271west of the line between ranges two and three east, 0.05 mill;
272for water management purposes for the remaining portions of the
273state, 1.0 mill; and for all other special districts a millage
274authorized by law approved by vote of the electors who are
275owners of freeholds therein not wholly exempt from taxation. A
276county furnishing municipal services may, to the extent
277authorized by law, levy additional taxes within the limits fixed
278for municipal purposes.
279     (c)  By general law, the legislature shall limit the
280authority of counties, municipalities, and special districts to
281increase ad valorem taxes.
282
ARTICLE VIII
283
LOCAL GOVERNMENT
284     SECTION 1.  Counties.--
285     (a)  POLITICAL SUBDIVISIONS.  The state shall be divided by
286law into political subdivisions called counties. Counties may be
287created, abolished or changed by law, with provision for payment
288or apportionment of the public debt.
289     (b)  COUNTY FUNDS.  The care, custody and method of
290disbursing county funds shall be provided by general law.
291     (c)  GOVERNMENT.  Pursuant to general or special law, a
292county government may be established by charter which shall be
293adopted, amended or repealed only upon vote of the electors of
294the county in a special election called for that purpose.
295     (d)  COUNTY OFFICERS.  There shall be elected by the
296electors of each county, for terms of four years, a sheriff, a
297tax collector, a property appraiser, a supervisor of elections,
298and a clerk of the circuit court; except, when provided by
299county charter or special law approved by vote of the electors
300of the county, any county officer other than a property
301appraiser may be chosen in another manner therein specified, or
302any county office other than the office of property appraiser
303may be abolished when all the duties of the office prescribed by
304general law are transferred to another office. When not
305otherwise provided by county charter or special law approved by
306vote of the electors, the clerk of the circuit court shall be ex
307officio clerk of the board of county commissioners, auditor,
308recorder and custodian of all county funds.
309     (e)  COMMISSIONERS.  Except when otherwise provided by
310county charter, the governing body of each county shall be a
311board of county commissioners composed of five or seven members
312serving staggered terms of four years. After each decennial
313census the board of county commissioners shall divide the county
314into districts of contiguous territory as nearly equal in
315population as practicable. One commissioner residing in each
316district shall be elected as provided by law.
317     (f)  NON-CHARTER GOVERNMENT.  Counties not operating under
318county charters shall have such power of self-government as is
319provided by general or special law. The board of county
320commissioners of a county not operating under a charter may
321enact, in a manner prescribed by general law, county ordinances
322not inconsistent with general or special law, but an ordinance
323in conflict with a municipal ordinance shall not be effective
324within the municipality to the extent of such conflict.
325     (g)  CHARTER GOVERNMENT.  Counties operating under county
326charters shall have all powers of local self-government not
327inconsistent with general law, or with special law approved by
328vote of the electors. The governing body of a county operating
329under a charter may enact county ordinances not inconsistent
330with general law. The charter shall provide which shall prevail
331in the event of conflict between county and municipal
332ordinances.
333     (h)  TAXES; LIMITATION.  Property situate within
334municipalities shall not be subject to taxation for services
335rendered by the county exclusively for the benefit of the
336property or residents in unincorporated areas.
337     (i)  COUNTY ORDINANCES.  Each county ordinance shall be
338filed with the custodian of state records and shall become
339effective at such time thereafter as is provided by general law.
340     (j)  VIOLATION OF ORDINANCES.  Persons violating county
341ordinances shall be prosecuted and punished as provided by law.
342     (k)  COUNTY SEAT.  In every county there shall be a county
343seat at which shall be located the principal offices and
344permanent records of all county officers. The county seat may
345not be moved except as provided by general law. Branch offices
346for the conduct of county business may be established elsewhere
347in the county by resolution of the governing body of the county
348in the manner prescribed by law. No instrument shall be deemed
349recorded until filed at the county seat, or a branch office
350designated by the governing body of the county for the recording
351of instruments, according to law.
352
ARTICLE XII
353
SCHEDULE
354     SECTION 27.  Elected property appraisers; application.--The
355requirement in Section 1(d) of Article VIII for a property
356appraiser to be elected by the electors of the county shall
357apply in each county, including each charter county, regardless
358of whether the charter was adopted pursuant to Section 1(g) of
359Article VIII or pursuant to Section 9, Section 10, Section 11,
360or Section 24 of Article VIII of the Constitution of 1885, as
361amended and incorporated by reference in Section 6(e) of Article
362VIII. Any county that does not have an elected property
363appraiser on the effective date of the amendment to Section 1 of
364Article VIII of this constitution shall provide for electing a
365property appraiser at the next general election as provided by
366general law.
367     SECTION 28.  Property tax exemptions and ad valorem tax
368limitations.--The amendments to Sections 3, 4, 6, and 9 of
369Article VII, providing a $25,000 exemption from ad valorem
370taxation for tangible personal property, revising limitations on
371changes in assessments under Save Our Homes, providing an
372additional
373
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:
377homestead property, this revision 1) revises limitations on
378changes in assessments for Save Our Homes, 2) adds an additional
379homestead exemption for most homestead owners, 3) exempts
380certain low-income seniors from ad valorem tax on their
381homesteads, 4) provides an additional homestead exemption that
382diminishes over time for first-time Florida homebuyers, and 5)
383provides for the transfer of accumulated Save Our Homes
384benefits. With respect to non-homestead property, this revision
385allows the Legislature to limit ad valorem assessments on 6)
386affordable housing and 7) on working waterfronts under specific
387circumstances, 8) provides a $25,000 exemption for tangible
388personal property, and 9) limits annual increases in assessments
389of nonhomestead real property. Further, this revision 10)
390requires the Legislature to limit the authority of local
391governments other than school districts to increase property
392taxes, and 11) requires all county property appraisers to be
393elected.
394     In more detail, this revision:
395     1.  Revises limitations on changes in assessments under
396Save Our Homes to require a decrease in assessments if just
397values decrease and to require assessments to remain unchanged
398if just values remain unchanged.
399     2.  Increases the homestead exemption by providing an
400additional $25,000 homestead exemption for the portion of the
401assessed value above $50,000 up to $75,000.  This exemption does
402not apply to school taxes.
403     3.  Exempts certain low-income seniors from ad valorem tax
404on their homes. Persons 65 or older whose household income is
405less than $23,604, adjusted annually for inflation, will be
406totally exempt from ad valorem taxes, including school taxes, on
407their homestead property.
408     4.  Provides an increased exemption for first-time Florida
409homebuyers beginning in 2008. First-time homebuyers in Florida
410who qualify for homestead exemption will be eligible for an
411additional exemption equal to 25 percent of the assessed value
412of their new home, not to exceed 25 percent of the county median
413homestead just value for the prior year. The amount of the
414exemption will decrease each year by the amount of the home's
415Save Our Homes benefit. When the amount of the home's Save Our
416Homes benefit meets or exceeds this exemption, the exemption is
417lost. This exemption also is available to 2007 first-time
418homebuyers who qualify for homestead exemption January 1, 2008.
419This exemption does not apply to school taxes.
420     5.  Provides for the transfer of accumulated Save Our Homes
421benefits. Homestead property owners will be able to transfer
422their Save Our Homes benefit to a new homestead within two years
423of relinquishing their previous homestead exemption; except, if
424the new homestead is established on January 1, 2008, the
425previous homestead must have been relinquished in 2007. If the
426new homestead has a higher just value than the old one, the
427entire benefit can be transferred; if the new homestead has a
428lower just value, the amount of benefit transferred will be
429reduced in proportion of the just value of the new homestead to
430the just value of the old homestead. The transferred benefit may
431not exceed $1 million. This provision does not apply to school
432taxes.
433     6.  Provides for assessing certain rent-restricted
434affordable housing property as provided by general law. This
435provision will not apply to school taxes.
436     7.  Provides for assessing certain waterfront property used
437for commercial fishing, commercial water-dependent activities,
438and public access as provided by general law. This provision
439will not apply to school taxes.
440     8.  Limits increases in assessments each year for all
441property other than homestead property to the lower of 3 percent
442or 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
445provision applies to all tax levies.
446     10.  Requires the Legislature to limit the authority of
447counties, municipalities, and special districts to increase ad
448valorem taxes.
449     11.  Requires each county to have an elected property
450
451======= T I T L E  A M E N D M E N T =======
452     Remove line(s) 6 and insert:
453valorem taxation for tangible personal property, to revise
454assessment change limitations under Save Our Homes, to


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