(LATE FILED)Amendment
Bill No. 7001D
Amendment No. 090045
CHAMBER ACTION
Senate House
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1Representative(s) Randolph offered the following:
2
3     Amendment (with ballot statement and title amendments)
4     Remove line(s) 24-484, and insert:
5     That the following amendments to Sections 1, 3, 4, 6, and 9
6of Article VII and Section 1 of Article VIII and the creation of
7Sections 27, 28, and 29 of Article XII of the State Constitution
8are agreed to and shall be submitted to the electors of this
9state for approval or rejection at the next general election or
10at an earlier special election specifically authorized by law
11for that purpose:
12
ARTICLE VII
13
FINANCE AND TAXATION
14     SECTION 1.  Taxation; appropriations; state expenses; state
15revenue limitation.--
16     (a)  No tax shall be levied except in pursuance of law. No
17state ad valorem taxes shall be levied upon real estate or
18tangible personal property. All other forms of taxation shall be
19preempted to the state except as provided by general law.
20     (b)  Motor vehicles, boats, airplanes, trailers, trailer
21coaches and mobile homes, as defined by law, shall be subject to
22a license tax for their operation in the amounts and for the
23purposes prescribed by law, but shall not be subject to ad
24valorem taxes.
25     (c)  No money shall be drawn from the treasury except in
26pursuance of appropriation made by law.
27     (d)  Provision shall be made by law for raising sufficient
28revenue to defray the expenses of the state for each fiscal
29period.
30     (e)  Except as provided herein, state revenues collected
31for any fiscal year shall be limited to state revenues allowed
32under this subsection for the prior fiscal year plus an
33adjustment for growth. As used in this subsection, "growth"
34means an amount equal to the average annual rate of growth in
35Florida personal income over the most recent twenty quarters
36times the state revenues allowed under this subsection for the
37prior fiscal year. For the 1995-1996 fiscal year, the state
38revenues allowed under this subsection for the prior fiscal year
39shall equal the state revenues collected for the 1994-1995
40fiscal year. Florida personal income shall be determined by the
41legislature, from information available from the United States
42Department of Commerce or its successor on the first day of
43February prior to the beginning of the fiscal year. State
44revenues collected for any fiscal year in excess of this
45limitation shall be transferred to the budget stabilization fund
46until the fund reaches the maximum balance specified in Section
4719(g) of Article III, and thereafter shall be refunded to
48taxpayers as provided by general law. State revenues allowed
49under this subsection for any fiscal year may be increased by a
50two-thirds vote of the membership of each house of the
51legislature in a separate bill that contains no other subject
52and that sets forth the dollar amount by which the state
53revenues allowed will be increased. The vote may not be taken
54less than seventy-two hours after the third reading of the bill.
55For purposes of this subsection, "state revenues" means taxes,
56fees, licenses, and charges for services imposed by the
57legislature on individuals, businesses, or agencies outside
58state government. However, "state revenues" does not include:
59revenues that are necessary to meet the requirements set forth
60in documents authorizing the issuance of bonds by the state;
61revenues that are used to provide matching funds for the federal
62Medicaid program with the exception of the revenues used to
63support the Public Medical Assistance Trust Fund or its
64successor program and with the exception of state matching funds
65used to fund elective expansions made after July 1, 1994;
66proceeds from the state lottery returned as prizes; receipts of
67the Florida Hurricane Catastrophe Fund; balances carried forward
68from prior fiscal years; taxes, licenses, fees, and charges for
69services imposed by local, regional, or school district
70governing bodies; or revenue from taxes, licenses, fees, and
71charges for services required to be imposed by any amendment or
72revision to this constitution after July 1, 1994. An adjustment
73to the revenue limitation shall be made by general law to
74reflect the fiscal impact of transfers of responsibility for the
75funding of governmental functions between the state and other
76levels of government. The legislature shall, by general law,
77prescribe procedures necessary to administer this subsection.
78     (f)  The rate of taxation imposed by provisions of general
79law existing on the effective date of this amendment imposing
80state taxes upon sales, use, and other transactions involving
81tangible personal property shall be increased by one percent.
82All revenues from the additional one percent rate of tax shall
83be applied to reduce any required local effort for school
84districts imposed by general law.
85     SECTION 3.  Taxes; exemptions.--
86     (a)  All property owned by a municipality and used
87exclusively by it for municipal or public purposes shall be
88exempt from taxation.  A municipality, owning property outside
89the municipality, may be required by general law to make payment
90to the taxing unit in which the property is located.  Such
91portions of property as are used predominantly for educational,
92literary, scientific, religious or charitable purposes may be
93exempted by general law from taxation.
94     (b)  There shall be exempt from taxation, cumulatively, to
95every head of a family residing in this state, household goods
96and personal effects to the value fixed by general law, not less
97than one thousand dollars, and to every widow or widower or
98person who is blind or totally and permanently disabled,
99property to the value fixed by general law not less than five
100hundred dollars.
101     (c)  Any county or municipality may, for the purpose of its
102respective tax levy and subject to the provisions of this
103subsection and general law, grant community and economic
104development ad valorem tax exemptions to new businesses and
105expansions of existing businesses, as defined by general law.
106Such an exemption may be granted only by ordinance of the county
107or municipality, and only after the electors of the county or
108municipality voting on such question in a referendum authorize
109the county or municipality to adopt such ordinances.  An
110exemption so granted shall apply to improvements to real
111property made by or for the use of a new business and
112improvements to real property related to the expansion of an
113existing business and shall also apply to tangible personal
114property of such new business and tangible personal property
115related to the expansion of an existing business. The amount or
116limits of the amount of such exemption shall be specified by
117general law.  The period of time for which such exemption may be
118granted to a new business or expansion of an existing business
119shall be determined by general law.  The authority to grant such
120exemption shall expire ten years from the date of approval by
121the electors of the county or municipality, and may be renewable
122by referendum as provided by general law.
123     (d)  By general law and subject to conditions specified
124therein, there may be granted an ad valorem tax exemption to a
125renewable energy source device and to real property on which
126such device is installed and operated, to the value fixed by
127general law not to exceed the original cost of the device, and
128for the period of time fixed by general law not to exceed ten
129years.
130     (e)  Any county or municipality may, for the purpose of its
131respective tax levy and subject to the provisions of this
132subsection and general law, grant historic preservation ad
133valorem tax exemptions to owners of historic properties.  This
134exemption may be granted only by ordinance of the county or
135municipality.  The amount or limits of the amount of this
136exemption and the requirements for eligible properties must be
137specified by general law.  The period of time for which this
138exemption may be granted to a property owner shall be determined
139by general law.
140     (f)  By general law and subject to conditions specified
141therein, twenty-five thousand dollars of the assessed value of
142property subject to tangible personal property tax shall be
143exempt from ad valorem taxation.
144     SECTION 4.  Taxation; assessments.--By general law
145regulations shall be prescribed which shall secure a just
146valuation of all property for ad valorem taxation, provided:
147     (a)  Agricultural land, land producing high water recharge
148to Florida's aquifers, or land used exclusively for
149noncommercial recreational purposes may be classified by general
150law and assessed solely on the basis of character or use.
151     (b)  Pursuant to general law tangible personal property
152held for sale as stock in trade and livestock may be valued for
153taxation at a specified percentage of its value, may be
154classified for tax purposes, or may be exempted from taxation.
155     (c)  All persons entitled to a homestead exemption under
156Section 6 of this Article shall have their homestead assessed at
157just value as of January 1 of the year following the effective
158date of this amendment. This assessment shall change only as
159provided herein.
160     (1)  Assessments subject to this provision shall be changed
161annually on January 1st of each year; but those changes in
162assessments shall not exceed the lower of the following:
163     a.  Three percent (3%) of the assessment for the prior
164year.
165     b.  The percent change in the Consumer Price Index for all
166urban consumers, U.S. City Average, all items 1967=100, or
167successor reports for the preceding calendar year as initially
168reported by the United States Department of Labor, Bureau of
169Labor Statistics.
170     (2)  No assessment shall exceed just value.
171     (3)  After any change of ownership, as provided by general
172law, homestead property shall be assessed at just value as of
173January 1 of the following year, unless the provisions of
174paragraph (8) apply. Thereafter, the homestead shall be assessed
175as provided herein.
176     (4)  New homestead property shall be assessed at just value
177as of January 1st of the year following the establishment of the
178homestead, unless the provisions of paragraph (8) apply. That
179assessment shall only change as provided herein.
180     (5)  Changes, additions, reductions, or improvements to
181homestead property shall be assessed as provided for by general
182law; provided, however, after the adjustment for any change,
183addition, reduction, or improvement, the property shall be
184assessed as provided herein.
185     (6)  In the event of a termination of homestead status, the
186property shall be assessed as provided by general law.
187     (7)  The provisions of this amendment are severable. If any
188of the provisions of this amendment shall be held
189unconstitutional by any court of competent jurisdiction, the
190decision of such court shall not affect or impair any remaining
191provisions of this amendment.
192     (8)a.  For all levies other than school district levies, a
193person who establishes a new homestead as of January 1, 2009, or
194January 1 of any subsequent year and who has received a
195homestead exemption pursuant to Section 6 of this Article as of
196January 1 of either of the two years immediately preceding the
197establishment of the new homestead is entitled to have the new
198homestead assessed at less than just value. A person who
199establishes a new homestead as of January 1, 2008, is entitled
200to have the new homestead assessed at less than just value only
201if that person received a homestead exemption on January 1,
2022007. The assessed value of the newly established homestead
203shall be determined as follows:
204     1.  If the just value of the new homestead is greater than
205or equal to the just value of the prior homestead of the person
206establishing the new homestead as of January 1 of the year in
207which the prior homestead was abandoned, the assessed value of
208the new homestead shall be the just value of the new homestead
209minus an amount equal to the lesser of $1 million or the
210difference between the just value and the assessed value of the
211prior homestead as of January 1 of the year in which the prior
212homestead was abandoned. Thereafter, the homestead shall be
213assessed as provided herein.
214     2.  If the just value of the new homestead is less than the
215just value of the prior homestead of the person establishing the
216new homestead as of January 1 of the year in which the prior
217homestead was abandoned, the assessed value of the new homestead
218shall be equal to the just value of the new homestead divided by
219the just value of the prior homestead and multiplied by the
220assessed value of the prior homestead. However, if the
221difference between the just value of the new homestead and the
222assessed value of the new homestead calculated pursuant to this
223sub-subparagraph is greater than $1 million, the assessed value
224of the new homestead shall be increased so that the difference
225between the just value and the assessed value equals $1 million.
226Thereafter, the homestead shall be assessed as provided herein.
227     b.  By general law and subject to conditions specified
228therein, the legislature shall provide for application of this
229paragraph to property owned by more than one person.
230     (d)  The legislature may, by general law, for assessment
231purposes and subject to the provisions of this subsection, allow
232counties and municipalities to authorize by ordinance that
233historic property may be assessed solely on the basis of
234character or use. Such character or use assessment shall apply
235only to the jurisdiction adopting the ordinance. The
236requirements for eligible properties must be specified by
237general law.
238     (e)  A county may, in the manner prescribed by general law,
239provide for a reduction in the assessed value of homestead
240property to the extent of any increase in the assessed value of
241that property which results from the construction or
242reconstruction of the property for the purpose of providing
243living quarters for one or more natural or adoptive grandparents
244or parents of the owner of the property or of the owner's spouse
245if at least one of the grandparents or parents for whom the
246living quarters are provided is 62 years of age or older. Such a
247reduction may not exceed the lesser of the following:
248     (1)  The increase in assessed value resulting from
249construction or reconstruction of the property.
250     (2)  Twenty percent of the total assessed value of the
251property as improved.
252     (f)  As defined by general law, real property that is used
253to provide affordable housing and is subject to rent
254restrictions imposed by a governmental agency may be assessed as
255provided by general law, subject to conditions or limitations
256specified therein. This subsection shall apply to all levies
257other than school district levies.
258     (g)  As defined by general law, land that is used
259exclusively for commercial fishing purposes or that is open to
260the public and used predominantly for commercial water-dependent
261activities or for public access to waters that are navigable may
262be assessed as provided by general law, subject to conditions or
263limitations specified therein. For purposes of this paragraph,
264the term "water-dependent activity" means any activity that can
265be conducted only on, in, over, or adjacent to waters that are
266navigable and that requires direct access to water and involves
267the use of water as an integral part of such activity. This
268subsection shall apply to all levies other than school district
269levies.
270     SECTION 6.  Homestead exemptions.--
271     (a)  Every person who has the legal or equitable title to
272real estate and maintains thereon the permanent residence of the
273owner, or another legally or naturally dependent upon the owner,
274shall be exempt from taxation thereon, except assessments for
275special benefits, up to the assessed valuation of twenty-five
276five thousand dollars and, for all levies other than school
277district levies, on the assessed valuation greater than fifty
278thousand dollars and up to seventy-five thousand dollars, upon
279establishment of right thereto in the manner prescribed by law.  
280The real estate may be held by legal or equitable title, by the
281entireties, jointly, in common, as a condominium, or indirectly
282by stock ownership or membership representing the owner's or
283member's proprietary interest in a corporation owning a fee or a
284leasehold initially in excess of ninety-eight years. The
285exemption shall not apply with respect to any assessment roll
286until such roll is first determined to be in compliance with the
287provisions of Section 4 of this Article by a state agency
288designated by general law. This exemption is repealed on the
289effective date of any amendment to Section 4 of this Article
290that provides for the assessment of homestead property at less
291than just value.
292     (b)  Not more than one exemption shall be allowed any
293individual or family unit or with respect to any residential
294unit. No exemption shall exceed the value of the real estate
295assessable to the owner or, in case of ownership through stock
296or membership in a corporation, the value of the proportion
297which the interest in the corporation bears to the assessed
298value of the property.
299     (c)  As provided by general law and subject to conditions
300specified therein, each person who establishes the right to
301receive the homestead exemption provided in subsection (a)
302within one year after purchasing the homestead property and who
303had not previously owned property receiving the homestead
304exemption provided in subsection (a) is entitled to an
305additional homestead exemption in an amount equal to twenty-five
306percent of the homestead property's just value on January 1 of
307the year the homestead exemption is established, not to exceed
308twenty-five percent of the median just value of homesteads in
309the county in which the homestead is located in the year prior
310to establishing the new homestead. This exemption is not
311available if any owner of the property has previously owned
312property that received the homestead exemption provided in
313subsection (a). The additional homestead exemption shall be
314reduced each year by the difference between the homestead's just
315value and assessed value as determined under subsection (c) of
316Section 4 of this Article until the value of the exemption is
317reduced to zero. The exemption provided under this subsection
318shall apply to all levies other than school district levies.
319     (c)  By general law and subject to conditions specified
320therein, the exemption shall be increased to a total of twenty-
321five thousand dollars of the assessed value of the real estate
322for each school district levy. By general law and subject to
323conditions specified therein, the exemption for all other levies
324may be increased up to an amount not exceeding ten thousand
325dollars of the assessed value of the real estate if the owner
326has attained age sixty-five or is totally and permanently
327disabled and if the owner is not entitled to the exemption
328provided in subsection (d).
329     (d)  By general law and subject to conditions specified
330therein, the exemption shall be increased to a total of the
331following amounts of assessed value of real estate for each levy
332other than those of school districts: fifteen thousand dollars
333with respect to 1980 assessments; twenty thousand dollars with
334respect to 1981 assessments; twenty-five thousand dollars with
335respect to assessments for 1982 and each year thereafter.
336However, such increase shall not apply with respect to any
337assessment roll until such roll is first determined to be in
338compliance with the provisions of section 4 by a state agency
339designated by general law.  This subsection shall stand repealed
340on the effective date of any amendment to section 4 which
341provides for the assessment of homestead property at a specified
342percentage of its just value.
343     (d)(e)  By general law and subject to conditions specified
344therein, the Legislature may provide to renters, who are
345permanent residents, ad valorem tax relief on all ad valorem tax
346levies. Such ad valorem tax relief shall be in the form and
347amount established by general law.
348     (e)(f)  The legislature may, by general law, allow counties
349or municipalities, for the purpose of their respective tax
350levies and subject to the provisions of general law, to grant an
351additional homestead tax exemption not exceeding fifty thousand
352dollars to any person who has the legal or equitable title to
353real estate and maintains thereon the permanent residence of the
354owner and who has attained age sixty-five and whose household
355income, as defined by general law, does not exceed twenty
356thousand dollars. The general law must allow counties and
357municipalities to grant this additional exemption, within the
358limits prescribed in this subsection, by ordinance adopted in
359the manner prescribed by general law, and must provide for the
360periodic adjustment of the income limitation prescribed in this
361subsection for changes in the cost of living.
362     (f)(g)  Each veteran who is age 65 or older who is
363partially or totally permanently disabled shall receive a
364discount from the amount of the ad valorem tax otherwise owed on
365homestead property the veteran owns and resides in if the
366disability was combat related, the veteran was a resident of
367this state at the time of entering the military service of the
368United States, and the veteran was honorably discharged upon
369separation from military service. The discount shall be in a
370percentage equal to the percentage of the veteran's permanent,
371service-connected disability as determined by the United States
372Department of Veterans Affairs. To qualify for the discount
373granted by this subsection, an applicant must submit to the
374county property appraiser, by March 1, proof of residency at the
375time of entering military service, an official letter from the
376United States Department of Veterans Affairs stating the
377percentage of the veteran's service-connected disability and
378such evidence that reasonably identifies the disability as
379combat related, and a copy of the veteran's honorable discharge.
380If the property appraiser denies the request for a discount, the
381appraiser must notify the applicant in writing of the reasons
382for the denial, and the veteran may reapply. The Legislature
383may, by general law, waive the annual application requirement in
384subsequent years. This subsection shall take effect December 7,
3852006, is self-executing, and does not require implementing
386legislation.
387     (g)  Real property owned and used as a homestead by a
388person who has attained age sixty-five and whose household
389income, as defined by general law, does not exceed $23,604 is
390exempt from ad valorem taxation. The legislature shall provide
391for an annual adjustment of the income limitation prescribed in
392this subsection for changes in the cost of living and may
393provide additional financial eligibility requirements or other
394eligibility requirements.
395     SECTION 9.  Local taxes.--
396     (a)  Counties, school districts, and municipalities shall,
397and special districts may, be authorized by law to levy ad
398valorem taxes and may be authorized by general law to levy other
399taxes, for their respective purposes, except ad valorem taxes on
400intangible personal property and taxes prohibited by this
401constitution.
402     (b)  Ad valorem taxes, exclusive of taxes levied for the
403payment of bonds and taxes levied for periods not longer than
404two years when authorized by vote of the electors who are the
405owners of freeholds therein not wholly exempt from taxation,
406shall not be levied in excess of the following millages upon the
407assessed value of real estate and tangible personal property:
408for all county purposes, ten mills; for all municipal purposes,
409ten mills; for all school purposes, ten mills; for water
410management purposes for the northwest portion of the state lying
411west of the line between ranges two and three east, 0.05 mill;
412for water management purposes for the remaining portions of the
413state, 1.0 mill; and for all other special districts a millage
414authorized by law approved by vote of the electors who are
415owners of freeholds therein not wholly exempt from taxation. A
416county furnishing municipal services may, to the extent
417authorized by law, levy additional taxes within the limits fixed
418for municipal purposes.
419     (c)  By general law, the legislature shall limit the
420authority of counties, municipalities, and special districts to
421increase ad valorem taxes.
422
ARTICLE VIII
423
LOCAL GOVERNMENT
424     SECTION 1.  Counties.--
425     (a)  POLITICAL SUBDIVISIONS.  The state shall be divided by
426law into political subdivisions called counties. Counties may be
427created, abolished or changed by law, with provision for payment
428or apportionment of the public debt.
429     (b)  COUNTY FUNDS.  The care, custody and method of
430disbursing county funds shall be provided by general law.
431     (c)  GOVERNMENT.  Pursuant to general or special law, a
432county government may be established by charter which shall be
433adopted, amended or repealed only upon vote of the electors of
434the county in a special election called for that purpose.
435     (d)  COUNTY OFFICERS.  There shall be elected by the
436electors of each county, for terms of four years, a sheriff, a
437tax collector, a property appraiser, a supervisor of elections,
438and a clerk of the circuit court; except, when provided by
439county charter or special law approved by vote of the electors
440of the county, any county officer other than a property
441appraiser may be chosen in another manner therein specified, or
442any county office other than the office of property appraiser
443may be abolished when all the duties of the office prescribed by
444general law are transferred to another office. When not
445otherwise provided by county charter or special law approved by
446vote of the electors, the clerk of the circuit court shall be ex
447officio clerk of the board of county commissioners, auditor,
448recorder and custodian of all county funds.
449     (e)  COMMISSIONERS.  Except when otherwise provided by
450county charter, the governing body of each county shall be a
451board of county commissioners composed of five or seven members
452serving staggered terms of four years. After each decennial
453census the board of county commissioners shall divide the county
454into districts of contiguous territory as nearly equal in
455population as practicable. One commissioner residing in each
456district shall be elected as provided by law.
457     (f)  NON-CHARTER GOVERNMENT.  Counties not operating under
458county charters shall have such power of self-government as is
459provided by general or special law. The board of county
460commissioners of a county not operating under a charter may
461enact, in a manner prescribed by general law, county ordinances
462not inconsistent with general or special law, but an ordinance
463in conflict with a municipal ordinance shall not be effective
464within the municipality to the extent of such conflict.
465     (g)  CHARTER GOVERNMENT.  Counties operating under county
466charters shall have all powers of local self-government not
467inconsistent with general law, or with special law approved by
468vote of the electors. The governing body of a county operating
469under a charter may enact county ordinances not inconsistent
470with general law. The charter shall provide which shall prevail
471in the event of conflict between county and municipal
472ordinances.
473     (h)  TAXES; LIMITATION.  Property situate within
474municipalities shall not be subject to taxation for services
475rendered by the county exclusively for the benefit of the
476property or residents in unincorporated areas.
477     (i)  COUNTY ORDINANCES.  Each county ordinance shall be
478filed with the custodian of state records and shall become
479effective at such time thereafter as is provided by general law.
480     (j)  VIOLATION OF ORDINANCES.  Persons violating county
481ordinances shall be prosecuted and punished as provided by law.
482     (k)  COUNTY SEAT.  In every county there shall be a county
483seat at which shall be located the principal offices and
484permanent records of all county officers. The county seat may
485not be moved except as provided by general law. Branch offices
486for the conduct of county business may be established elsewhere
487in the county by resolution of the governing body of the county
488in the manner prescribed by law. No instrument shall be deemed
489recorded until filed at the county seat, or a branch office
490designated by the governing body of the county for the recording
491of instruments, according to law.
492
ARTICLE XII
493
SCHEDULE
494     SECTION 27.  Additional one percent state sales tax;
495application of revenues to required local effort for school
496districts.--Within six months after the adoption of the
497amendment to Section 1 of Article VII of this constitution, the
498legislature shall provide by general law for an increase of one
499percent in the rate of taxation in the state tax imposed upon
500sales, use, and other transactions relating to tangible personal
501property. The legislature shall appropriate all revenues
502generated from such increased rate to any required local effort
503applicable to school districts pursuant to general law.
504     SECTION 28.  Elected property appraisers; application.--The
505requirement in Section 1(d) of Article VIII for a property
506appraiser to be elected by the electors of the county shall
507apply in each county, including each charter county, regardless
508of whether the charter was adopted pursuant to Section 1(g) of
509Article VIII or pursuant to Section 9, Section 10, Section 11,
510or Section 24 of Article VIII of the Constitution of 1885, as
511amended and incorporated by reference in Section 6(e) of Article
512VIII. Any county that does not have an elected property
513appraiser on the effective date of the amendment to Section 1 of
514Article VIII of this constitution shall provide for electing a
515property appraiser at the next general election as provided by
516general law.
517     SECTION 29.  Property tax exemptions and ad valorem tax
518limitations.--The amendments to Sections 1, 3, 4, 6, and 9 of
519Article VII, providing for a l percent increase in the states
520sales and use tax and dedicating revenues from the increase to
521reducing any required local effort, providing a $25,000
522exemption from ad valorem taxation for tangible personal
523property, providing an additional $25,000 homestead exemption,
524authorizing the transfer of the accrued benefit from the
525limitation on the assessment of homestead property, providing an
526additional homestead exemption for first-time homestead property
527owners, providing a complete homestead exemption for low-income
528seniors, providing for assessing rent-restricted affordable
529housing and commercial and public-access waterfront property
530pursuant to general law, and requiring the legislature to limit
531the authority of counties, municipalities, and special districts
532to increase ad valorem taxes; the amendment to Section 1 of
533Article VIII, requiring property appraisers to be elected; the
534creation of Section 27 of this Article, requiring the
535Legislature to increase the state sales and use tax by 1 percent
536and appropriate revenues from the increase to any required local
537effort applicable to school districts; the creation of Section
53828 of this Article, providing for election of county property
539appraisers; and this section, if submitted to the electors of
540this state for approval or rejection at a special election
541authorized by law to be held on January 29, 2008, shall take
542effect upon approval by the electors and shall operate
543retroactively to January 1, 2008, or, if submitted to the
544electors of this state for approval or rejection at the next
545general election, shall take effect January 1 of the year
546following such general election.
547
548== B A L L O T  S T A T E M E N T  A M E N D M E N T ==
549     Remove line(s) 488-562, and insert:
550
ARTICLE VII, SECTIONS 1, 3, 4, 6, AND 9
551
ARTICLE VIII, SECTION 1
552
ARTICLE XII, SECTIONS 27 AND 28
553     SALES AND USE TAX; PROPERTY TAX EXEMPTIONS; AD VALOREM TAX
554INCREASES LIMITATIONS; ELECTED PROPERTY APPRAISERS.--This
555revision proposes changes to the State Constitution relating to
556the state sales and use tax, ad valorem taxation, and elected
557property appraisers. With respect to the state sales and use
558tax, this revision 1) requires an increase in the tax and
559applies the additional revenues to the required local effort for
560school districts. With respect to homestead property, this
561revision 2) adds an additional homestead exemption for most
562homestead owners, 3) exempts certain low-income seniors from ad
563valorem tax on their homesteads, 4) provides an additional
564homestead exemption that diminishes over time for first-time
565Florida homebuyers, and 5) provides for the transfer of
566accumulated Save Our Homes benefits. With respect to non-
567homestead property, this revision allows the Legislature to
568limit ad valorem assessments on 6) affordable housing and 7) on
569working waterfronts under specific circumstances, 8) provides a
570$25,000 exemption for tangible personal property, and 9) limits
571annual increases in assessments of nonhomestead real property.
572Further, this revision 10) requires the Legislature to limit the
573authority of local governments other than school districts to
574increase property taxes, and 11) requires all county property
575appraisers to be elected.
576     In more detail, this revision:
577     1.  Requires the Legislature to increase the state sales
578and use tax by 1 percent and requires the Legislature to
579appropriate revenues resulting from the increase to reducing the
580required local effort for school districts.
581     2.  Increases the homestead exemption by providing an
582additional $25,000 homestead exemption for the portion of the
583assessed value above $50,000 up to $75,000.  This exemption does
584not apply to school taxes.
585     3.  Exempts certain low-income seniors from ad valorem tax
586on their homes. Persons 65 or older whose household income is
587less than $23,604, adjusted annually for inflation, will be
588totally exempt from ad valorem taxes, including school taxes, on
589their homestead property.
590     4.  Provides an increased exemption for first-time Florida
591homebuyers beginning in 2008. First-time homebuyers in Florida
592who qualify for homestead exemption will be eligible for an
593additional exemption equal to 25 percent of the assessed value
594of their new home, not to exceed 25 percent of the county median
595homestead just value for the prior year. The amount of the
596exemption will decrease each year by the amount of the home's
597Save Our Homes benefit. When the amount of the home's Save Our
598Homes benefit meets or exceeds this exemption, the exemption is
599lost. This exemption also is available to 2007 first-time
600homebuyers who qualify for homestead exemption January 1, 2008.
601This exemption does not apply to school taxes.
602     5.  Provides for the transfer of accumulated Save Our Homes
603benefits. Homestead property owners will be able to transfer
604their Save Our Homes benefit to a new homestead within two years
605of relinquishing their previous homestead exemption; except, if
606the new homestead is established on January 1, 2008, the
607previous homestead must have been relinquished in 2007. If the
608new homestead has a higher just value than the old one, the
609entire benefit can be transferred; if the new homestead has a
610lower just value, the amount of benefit transferred will be
611reduced in proportion of the just value of the new homestead to
612the just value of the old homestead. The transferred benefit may
613not exceed $1 million. This provision does not apply to school
614taxes.
615     6.  Provides for assessing certain rent-restricted
616affordable housing property as provided by general law. This
617provision will not apply to school taxes.
618     7.  Provides for assessing certain waterfront property used
619for commercial fishing, commercial water-dependent activities,
620and public access as provided by general law. This provision
621will not apply to school taxes.
622     8.  Limits increases in assessments each year for all
623property other than homestead property to the lower of 3 percent
624or the percentage change in the Consumer Price Index.
625     9.  Authorizes an exemption from ad valorem taxes of
626$25,000 of assessed value of tangible personal property. This
627provision applies to all tax levies.
628     10.  Requires the Legislature to limit the authority of
629counties, municipalities, and special districts to increase ad
630valorem taxes.
631     11.  Requires each county to have an elected property
632
633======= T I T L E  A M E N D M E N T =======
634     Remove line(s) 2-19, and insert:
635A joint resolution proposing amendments to Sections 1, 3, 4, 6,
636and 9 of Article VII and Section 1 of Article VIII and the
637creation of Sections 27, 28, and 29 of Article XII of the State
638Constitution, to provide for increasing the state sales and use
639tax rate and applying revenues from the increase to reducing
640required local effort for school districts, to require an
641exemption from ad valorem taxation for tangible personal
642property, to provide for the transfer of the accrued benefit
643from the limitation on the assessed value of homestead property,
644to provide for assessing rent-restricted affordable housing and
645commercial and public-access waterfront property by general law,
646to increase the homestead exemption, to create an additional
647homestead exemption for first-time homestead property owners, to
648provide a complete homestead exemption for low-income seniors,
649to require the Legislature to limit county, municipality, and
650special district authority to increase ad valorem taxes, to
651require each county to have an elected property appraiser, to
652require the Legislature to increase the sales and use tax rate
653by 1 percent and appropriate revenues resulting from the
654increase to any required local effort for school districts, and
655to provide an effective date if such


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