1 | Representative(s) Randolph offered the following: |
2 |
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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 |
6 | of Article VII and Section 1 of Article VIII and the creation of |
7 | Sections 27, 28, and 29 of Article XII of the State Constitution |
8 | are agreed to and shall be submitted to the electors of this |
9 | state for approval or rejection at the next general election or |
10 | at an earlier special election specifically authorized by law |
11 | for that purpose: |
12 | ARTICLE VII |
13 | FINANCE AND TAXATION |
14 | SECTION 1. Taxation; appropriations; state expenses; state |
15 | revenue limitation.-- |
16 | (a) No tax shall be levied except in pursuance of law. No |
17 | state ad valorem taxes shall be levied upon real estate or |
18 | tangible personal property. All other forms of taxation shall be |
19 | preempted to the state except as provided by general law. |
20 | (b) Motor vehicles, boats, airplanes, trailers, trailer |
21 | coaches and mobile homes, as defined by law, shall be subject to |
22 | a license tax for their operation in the amounts and for the |
23 | purposes prescribed by law, but shall not be subject to ad |
24 | valorem taxes. |
25 | (c) No money shall be drawn from the treasury except in |
26 | pursuance of appropriation made by law. |
27 | (d) Provision shall be made by law for raising sufficient |
28 | revenue to defray the expenses of the state for each fiscal |
29 | period. |
30 | (e) Except as provided herein, state revenues collected |
31 | for any fiscal year shall be limited to state revenues allowed |
32 | under this subsection for the prior fiscal year plus an |
33 | adjustment for growth. As used in this subsection, "growth" |
34 | means an amount equal to the average annual rate of growth in |
35 | Florida personal income over the most recent twenty quarters |
36 | times the state revenues allowed under this subsection for the |
37 | prior fiscal year. For the 1995-1996 fiscal year, the state |
38 | revenues allowed under this subsection for the prior fiscal year |
39 | shall equal the state revenues collected for the 1994-1995 |
40 | fiscal year. Florida personal income shall be determined by the |
41 | legislature, from information available from the United States |
42 | Department of Commerce or its successor on the first day of |
43 | February prior to the beginning of the fiscal year. State |
44 | revenues collected for any fiscal year in excess of this |
45 | limitation shall be transferred to the budget stabilization fund |
46 | until the fund reaches the maximum balance specified in Section |
47 | 19(g) of Article III, and thereafter shall be refunded to |
48 | taxpayers as provided by general law. State revenues allowed |
49 | under this subsection for any fiscal year may be increased by a |
50 | two-thirds vote of the membership of each house of the |
51 | legislature in a separate bill that contains no other subject |
52 | and that sets forth the dollar amount by which the state |
53 | revenues allowed will be increased. The vote may not be taken |
54 | less than seventy-two hours after the third reading of the bill. |
55 | For purposes of this subsection, "state revenues" means taxes, |
56 | fees, licenses, and charges for services imposed by the |
57 | legislature on individuals, businesses, or agencies outside |
58 | state government. However, "state revenues" does not include: |
59 | revenues that are necessary to meet the requirements set forth |
60 | in documents authorizing the issuance of bonds by the state; |
61 | revenues that are used to provide matching funds for the federal |
62 | Medicaid program with the exception of the revenues used to |
63 | support the Public Medical Assistance Trust Fund or its |
64 | successor program and with the exception of state matching funds |
65 | used to fund elective expansions made after July 1, 1994; |
66 | proceeds from the state lottery returned as prizes; receipts of |
67 | the Florida Hurricane Catastrophe Fund; balances carried forward |
68 | from prior fiscal years; taxes, licenses, fees, and charges for |
69 | services imposed by local, regional, or school district |
70 | governing bodies; or revenue from taxes, licenses, fees, and |
71 | charges for services required to be imposed by any amendment or |
72 | revision to this constitution after July 1, 1994. An adjustment |
73 | to the revenue limitation shall be made by general law to |
74 | reflect the fiscal impact of transfers of responsibility for the |
75 | funding of governmental functions between the state and other |
76 | levels of government. The legislature shall, by general law, |
77 | prescribe procedures necessary to administer this subsection. |
78 | (f) The rate of taxation imposed by provisions of general |
79 | law existing on the effective date of this amendment imposing |
80 | state taxes upon sales, use, and other transactions involving |
81 | tangible personal property shall be increased by one percent. |
82 | All revenues from the additional one percent rate of tax shall |
83 | be applied to reduce any required local effort for school |
84 | districts imposed by general law. |
85 | SECTION 3. Taxes; exemptions.-- |
86 | (a) All property owned by a municipality and used |
87 | exclusively by it for municipal or public purposes shall be |
88 | exempt from taxation. A municipality, owning property outside |
89 | the municipality, may be required by general law to make payment |
90 | to the taxing unit in which the property is located. Such |
91 | portions of property as are used predominantly for educational, |
92 | literary, scientific, religious or charitable purposes may be |
93 | exempted by general law from taxation. |
94 | (b) There shall be exempt from taxation, cumulatively, to |
95 | every head of a family residing in this state, household goods |
96 | and personal effects to the value fixed by general law, not less |
97 | than one thousand dollars, and to every widow or widower or |
98 | person who is blind or totally and permanently disabled, |
99 | property to the value fixed by general law not less than five |
100 | hundred dollars. |
101 | (c) Any county or municipality may, for the purpose of its |
102 | respective tax levy and subject to the provisions of this |
103 | subsection and general law, grant community and economic |
104 | development ad valorem tax exemptions to new businesses and |
105 | expansions of existing businesses, as defined by general law. |
106 | Such an exemption may be granted only by ordinance of the county |
107 | or municipality, and only after the electors of the county or |
108 | municipality voting on such question in a referendum authorize |
109 | the county or municipality to adopt such ordinances. An |
110 | exemption so granted shall apply to improvements to real |
111 | property made by or for the use of a new business and |
112 | improvements to real property related to the expansion of an |
113 | existing business and shall also apply to tangible personal |
114 | property of such new business and tangible personal property |
115 | related to the expansion of an existing business. The amount or |
116 | limits of the amount of such exemption shall be specified by |
117 | general law. The period of time for which such exemption may be |
118 | granted to a new business or expansion of an existing business |
119 | shall be determined by general law. The authority to grant such |
120 | exemption shall expire ten years from the date of approval by |
121 | the electors of the county or municipality, and may be renewable |
122 | by referendum as provided by general law. |
123 | (d) By general law and subject to conditions specified |
124 | therein, there may be granted an ad valorem tax exemption to a |
125 | renewable energy source device and to real property on which |
126 | such device is installed and operated, to the value fixed by |
127 | general law not to exceed the original cost of the device, and |
128 | for the period of time fixed by general law not to exceed ten |
129 | years. |
130 | (e) Any county or municipality may, for the purpose of its |
131 | respective tax levy and subject to the provisions of this |
132 | subsection and general law, grant historic preservation ad |
133 | valorem tax exemptions to owners of historic properties. This |
134 | exemption may be granted only by ordinance of the county or |
135 | municipality. The amount or limits of the amount of this |
136 | exemption and the requirements for eligible properties must be |
137 | specified by general law. The period of time for which this |
138 | exemption may be granted to a property owner shall be determined |
139 | by general law. |
140 | (f) By general law and subject to conditions specified |
141 | therein, twenty-five thousand dollars of the assessed value of |
142 | property subject to tangible personal property tax shall be |
143 | exempt from ad valorem taxation. |
144 | SECTION 4. Taxation; assessments.--By general law |
145 | regulations shall be prescribed which shall secure a just |
146 | valuation of all property for ad valorem taxation, provided: |
147 | (a) Agricultural land, land producing high water recharge |
148 | to Florida's aquifers, or land used exclusively for |
149 | noncommercial recreational purposes may be classified by general |
150 | law and assessed solely on the basis of character or use. |
151 | (b) Pursuant to general law tangible personal property |
152 | held for sale as stock in trade and livestock may be valued for |
153 | taxation at a specified percentage of its value, may be |
154 | classified for tax purposes, or may be exempted from taxation. |
155 | (c) All persons entitled to a homestead exemption under |
156 | Section 6 of this Article shall have their homestead assessed at |
157 | just value as of January 1 of the year following the effective |
158 | date of this amendment. This assessment shall change only as |
159 | provided herein. |
160 | (1) Assessments subject to this provision shall be changed |
161 | annually on January 1st of each year; but those changes in |
162 | assessments shall not exceed the lower of the following: |
163 | a. Three percent (3%) of the assessment for the prior |
164 | year. |
165 | b. The percent change in the Consumer Price Index for all |
166 | urban consumers, U.S. City Average, all items 1967=100, or |
167 | successor reports for the preceding calendar year as initially |
168 | reported by the United States Department of Labor, Bureau of |
169 | Labor Statistics. |
170 | (2) No assessment shall exceed just value. |
171 | (3) After any change of ownership, as provided by general |
172 | law, homestead property shall be assessed at just value as of |
173 | January 1 of the following year, unless the provisions of |
174 | paragraph (8) apply. Thereafter, the homestead shall be assessed |
175 | as provided herein. |
176 | (4) New homestead property shall be assessed at just value |
177 | as of January 1st of the year following the establishment of the |
178 | homestead, unless the provisions of paragraph (8) apply. That |
179 | assessment shall only change as provided herein. |
180 | (5) Changes, additions, reductions, or improvements to |
181 | homestead property shall be assessed as provided for by general |
182 | law; provided, however, after the adjustment for any change, |
183 | addition, reduction, or improvement, the property shall be |
184 | assessed as provided herein. |
185 | (6) In the event of a termination of homestead status, the |
186 | property shall be assessed as provided by general law. |
187 | (7) The provisions of this amendment are severable. If any |
188 | of the provisions of this amendment shall be held |
189 | unconstitutional by any court of competent jurisdiction, the |
190 | decision of such court shall not affect or impair any remaining |
191 | provisions of this amendment. |
192 | (8)a. For all levies other than school district levies, a |
193 | person who establishes a new homestead as of January 1, 2009, or |
194 | January 1 of any subsequent year and who has received a |
195 | homestead exemption pursuant to Section 6 of this Article as of |
196 | January 1 of either of the two years immediately preceding the |
197 | establishment of the new homestead is entitled to have the new |
198 | homestead assessed at less than just value. A person who |
199 | establishes a new homestead as of January 1, 2008, is entitled |
200 | to have the new homestead assessed at less than just value only |
201 | if that person received a homestead exemption on January 1, |
202 | 2007. The assessed value of the newly established homestead |
203 | shall be determined as follows: |
204 | 1. If the just value of the new homestead is greater than |
205 | or equal to the just value of the prior homestead of the person |
206 | establishing the new homestead as of January 1 of the year in |
207 | which the prior homestead was abandoned, the assessed value of |
208 | the new homestead shall be the just value of the new homestead |
209 | minus an amount equal to the lesser of $1 million or the |
210 | difference between the just value and the assessed value of the |
211 | prior homestead as of January 1 of the year in which the prior |
212 | homestead was abandoned. Thereafter, the homestead shall be |
213 | assessed as provided herein. |
214 | 2. If the just value of the new homestead is less than the |
215 | just value of the prior homestead of the person establishing the |
216 | new homestead as of January 1 of the year in which the prior |
217 | homestead was abandoned, the assessed value of the new homestead |
218 | shall be equal to the just value of the new homestead divided by |
219 | the just value of the prior homestead and multiplied by the |
220 | assessed value of the prior homestead. However, if the |
221 | difference between the just value of the new homestead and the |
222 | assessed value of the new homestead calculated pursuant to this |
223 | sub-subparagraph is greater than $1 million, the assessed value |
224 | of the new homestead shall be increased so that the difference |
225 | between the just value and the assessed value equals $1 million. |
226 | Thereafter, the homestead shall be assessed as provided herein. |
227 | b. By general law and subject to conditions specified |
228 | therein, the legislature shall provide for application of this |
229 | paragraph to property owned by more than one person. |
230 | (d) The legislature may, by general law, for assessment |
231 | purposes and subject to the provisions of this subsection, allow |
232 | counties and municipalities to authorize by ordinance that |
233 | historic property may be assessed solely on the basis of |
234 | character or use. Such character or use assessment shall apply |
235 | only to the jurisdiction adopting the ordinance. The |
236 | requirements for eligible properties must be specified by |
237 | general law. |
238 | (e) A county may, in the manner prescribed by general law, |
239 | provide for a reduction in the assessed value of homestead |
240 | property to the extent of any increase in the assessed value of |
241 | that property which results from the construction or |
242 | reconstruction of the property for the purpose of providing |
243 | living quarters for one or more natural or adoptive grandparents |
244 | or parents of the owner of the property or of the owner's spouse |
245 | if at least one of the grandparents or parents for whom the |
246 | living quarters are provided is 62 years of age or older. Such a |
247 | reduction may not exceed the lesser of the following: |
248 | (1) The increase in assessed value resulting from |
249 | construction or reconstruction of the property. |
250 | (2) Twenty percent of the total assessed value of the |
251 | property as improved. |
252 | (f) As defined by general law, real property that is used |
253 | to provide affordable housing and is subject to rent |
254 | restrictions imposed by a governmental agency may be assessed as |
255 | provided by general law, subject to conditions or limitations |
256 | specified therein. This subsection shall apply to all levies |
257 | other than school district levies. |
258 | (g) As defined by general law, land that is used |
259 | exclusively for commercial fishing purposes or that is open to |
260 | the public and used predominantly for commercial water-dependent |
261 | activities or for public access to waters that are navigable may |
262 | be assessed as provided by general law, subject to conditions or |
263 | limitations specified therein. For purposes of this paragraph, |
264 | the term "water-dependent activity" means any activity that can |
265 | be conducted only on, in, over, or adjacent to waters that are |
266 | navigable and that requires direct access to water and involves |
267 | the use of water as an integral part of such activity. This |
268 | subsection shall apply to all levies other than school district |
269 | levies. |
270 | SECTION 6. Homestead exemptions.-- |
271 | (a) Every person who has the legal or equitable title to |
272 | real estate and maintains thereon the permanent residence of the |
273 | owner, or another legally or naturally dependent upon the owner, |
274 | shall be exempt from taxation thereon, except assessments for |
275 | special benefits, up to the assessed valuation of twenty-five |
276 | five thousand dollars and, for all levies other than school |
277 | district levies, on the assessed valuation greater than fifty |
278 | thousand dollars and up to seventy-five thousand dollars, upon |
279 | establishment of right thereto in the manner prescribed by law. |
280 | The real estate may be held by legal or equitable title, by the |
281 | entireties, jointly, in common, as a condominium, or indirectly |
282 | by stock ownership or membership representing the owner's or |
283 | member's proprietary interest in a corporation owning a fee or a |
284 | leasehold initially in excess of ninety-eight years. The |
285 | exemption shall not apply with respect to any assessment roll |
286 | until such roll is first determined to be in compliance with the |
287 | provisions of Section 4 of this Article by a state agency |
288 | designated by general law. This exemption is repealed on the |
289 | effective date of any amendment to Section 4 of this Article |
290 | that provides for the assessment of homestead property at less |
291 | than just value. |
292 | (b) Not more than one exemption shall be allowed any |
293 | individual or family unit or with respect to any residential |
294 | unit. No exemption shall exceed the value of the real estate |
295 | assessable to the owner or, in case of ownership through stock |
296 | or membership in a corporation, the value of the proportion |
297 | which the interest in the corporation bears to the assessed |
298 | value of the property. |
299 | (c) As provided by general law and subject to conditions |
300 | specified therein, each person who establishes the right to |
301 | receive the homestead exemption provided in subsection (a) |
302 | within one year after purchasing the homestead property and who |
303 | had not previously owned property receiving the homestead |
304 | exemption provided in subsection (a) is entitled to an |
305 | additional homestead exemption in an amount equal to twenty-five |
306 | percent of the homestead property's just value on January 1 of |
307 | the year the homestead exemption is established, not to exceed |
308 | twenty-five percent of the median just value of homesteads in |
309 | the county in which the homestead is located in the year prior |
310 | to establishing the new homestead. This exemption is not |
311 | available if any owner of the property has previously owned |
312 | property that received the homestead exemption provided in |
313 | subsection (a). The additional homestead exemption shall be |
314 | reduced each year by the difference between the homestead's just |
315 | value and assessed value as determined under subsection (c) of |
316 | Section 4 of this Article until the value of the exemption is |
317 | reduced to zero. The exemption provided under this subsection |
318 | shall apply to all levies other than school district levies. |
319 | (c) By general law and subject to conditions specified |
320 | therein, the exemption shall be increased to a total of twenty- |
321 | five thousand dollars of the assessed value of the real estate |
322 | for each school district levy. By general law and subject to |
323 | conditions specified therein, the exemption for all other levies |
324 | may be increased up to an amount not exceeding ten thousand |
325 | dollars of the assessed value of the real estate if the owner |
326 | has attained age sixty-five or is totally and permanently |
327 | disabled and if the owner is not entitled to the exemption |
328 | provided in subsection (d). |
329 | (d) By general law and subject to conditions specified |
330 | therein, the exemption shall be increased to a total of the |
331 | following amounts of assessed value of real estate for each levy |
332 | other than those of school districts: fifteen thousand dollars |
333 | with respect to 1980 assessments; twenty thousand dollars with |
334 | respect to 1981 assessments; twenty-five thousand dollars with |
335 | respect to assessments for 1982 and each year thereafter. |
336 | However, such increase shall not apply with respect to any |
337 | assessment roll until such roll is first determined to be in |
338 | compliance with the provisions of section 4 by a state agency |
339 | designated by general law. This subsection shall stand repealed |
340 | on the effective date of any amendment to section 4 which |
341 | provides for the assessment of homestead property at a specified |
342 | percentage of its just value. |
343 | (d)(e) By general law and subject to conditions specified |
344 | therein, the Legislature may provide to renters, who are |
345 | permanent residents, ad valorem tax relief on all ad valorem tax |
346 | levies. Such ad valorem tax relief shall be in the form and |
347 | amount established by general law. |
348 | (e)(f) The legislature may, by general law, allow counties |
349 | or municipalities, for the purpose of their respective tax |
350 | levies and subject to the provisions of general law, to grant an |
351 | additional homestead tax exemption not exceeding fifty thousand |
352 | dollars to any person who has the legal or equitable title to |
353 | real estate and maintains thereon the permanent residence of the |
354 | owner and who has attained age sixty-five and whose household |
355 | income, as defined by general law, does not exceed twenty |
356 | thousand dollars. The general law must allow counties and |
357 | municipalities to grant this additional exemption, within the |
358 | limits prescribed in this subsection, by ordinance adopted in |
359 | the manner prescribed by general law, and must provide for the |
360 | periodic adjustment of the income limitation prescribed in this |
361 | subsection for changes in the cost of living. |
362 | (f)(g) Each veteran who is age 65 or older who is |
363 | partially or totally permanently disabled shall receive a |
364 | discount from the amount of the ad valorem tax otherwise owed on |
365 | homestead property the veteran owns and resides in if the |
366 | disability was combat related, the veteran was a resident of |
367 | this state at the time of entering the military service of the |
368 | United States, and the veteran was honorably discharged upon |
369 | separation from military service. The discount shall be in a |
370 | percentage equal to the percentage of the veteran's permanent, |
371 | service-connected disability as determined by the United States |
372 | Department of Veterans Affairs. To qualify for the discount |
373 | granted by this subsection, an applicant must submit to the |
374 | county property appraiser, by March 1, proof of residency at the |
375 | time of entering military service, an official letter from the |
376 | United States Department of Veterans Affairs stating the |
377 | percentage of the veteran's service-connected disability and |
378 | such evidence that reasonably identifies the disability as |
379 | combat related, and a copy of the veteran's honorable discharge. |
380 | If the property appraiser denies the request for a discount, the |
381 | appraiser must notify the applicant in writing of the reasons |
382 | for the denial, and the veteran may reapply. The Legislature |
383 | may, by general law, waive the annual application requirement in |
384 | subsequent years. This subsection shall take effect December 7, |
385 | 2006, is self-executing, and does not require implementing |
386 | legislation. |
387 | (g) Real property owned and used as a homestead by a |
388 | person who has attained age sixty-five and whose household |
389 | income, as defined by general law, does not exceed $23,604 is |
390 | exempt from ad valorem taxation. The legislature shall provide |
391 | for an annual adjustment of the income limitation prescribed in |
392 | this subsection for changes in the cost of living and may |
393 | provide additional financial eligibility requirements or other |
394 | eligibility requirements. |
395 | SECTION 9. Local taxes.-- |
396 | (a) Counties, school districts, and municipalities shall, |
397 | and special districts may, be authorized by law to levy ad |
398 | valorem taxes and may be authorized by general law to levy other |
399 | taxes, for their respective purposes, except ad valorem taxes on |
400 | intangible personal property and taxes prohibited by this |
401 | constitution. |
402 | (b) Ad valorem taxes, exclusive of taxes levied for the |
403 | payment of bonds and taxes levied for periods not longer than |
404 | two years when authorized by vote of the electors who are the |
405 | owners of freeholds therein not wholly exempt from taxation, |
406 | shall not be levied in excess of the following millages upon the |
407 | assessed value of real estate and tangible personal property: |
408 | for all county purposes, ten mills; for all municipal purposes, |
409 | ten mills; for all school purposes, ten mills; for water |
410 | management purposes for the northwest portion of the state lying |
411 | west of the line between ranges two and three east, 0.05 mill; |
412 | for water management purposes for the remaining portions of the |
413 | state, 1.0 mill; and for all other special districts a millage |
414 | authorized by law approved by vote of the electors who are |
415 | owners of freeholds therein not wholly exempt from taxation. A |
416 | county furnishing municipal services may, to the extent |
417 | authorized by law, levy additional taxes within the limits fixed |
418 | for municipal purposes. |
419 | (c) By general law, the legislature shall limit the |
420 | authority of counties, municipalities, and special districts to |
421 | increase ad valorem taxes. |
422 | ARTICLE VIII |
423 | LOCAL GOVERNMENT |
424 | SECTION 1. Counties.-- |
425 | (a) POLITICAL SUBDIVISIONS. The state shall be divided by |
426 | law into political subdivisions called counties. Counties may be |
427 | created, abolished or changed by law, with provision for payment |
428 | or apportionment of the public debt. |
429 | (b) COUNTY FUNDS. The care, custody and method of |
430 | disbursing county funds shall be provided by general law. |
431 | (c) GOVERNMENT. Pursuant to general or special law, a |
432 | county government may be established by charter which shall be |
433 | adopted, amended or repealed only upon vote of the electors of |
434 | the county in a special election called for that purpose. |
435 | (d) COUNTY OFFICERS. There shall be elected by the |
436 | electors of each county, for terms of four years, a sheriff, a |
437 | tax collector, a property appraiser, a supervisor of elections, |
438 | and a clerk of the circuit court; except, when provided by |
439 | county charter or special law approved by vote of the electors |
440 | of the county, any county officer other than a property |
441 | appraiser may be chosen in another manner therein specified, or |
442 | any county office other than the office of property appraiser |
443 | may be abolished when all the duties of the office prescribed by |
444 | general law are transferred to another office. When not |
445 | otherwise provided by county charter or special law approved by |
446 | vote of the electors, the clerk of the circuit court shall be ex |
447 | officio clerk of the board of county commissioners, auditor, |
448 | recorder and custodian of all county funds. |
449 | (e) COMMISSIONERS. Except when otherwise provided by |
450 | county charter, the governing body of each county shall be a |
451 | board of county commissioners composed of five or seven members |
452 | serving staggered terms of four years. After each decennial |
453 | census the board of county commissioners shall divide the county |
454 | into districts of contiguous territory as nearly equal in |
455 | population as practicable. One commissioner residing in each |
456 | district shall be elected as provided by law. |
457 | (f) NON-CHARTER GOVERNMENT. Counties not operating under |
458 | county charters shall have such power of self-government as is |
459 | provided by general or special law. The board of county |
460 | commissioners of a county not operating under a charter may |
461 | enact, in a manner prescribed by general law, county ordinances |
462 | not inconsistent with general or special law, but an ordinance |
463 | in conflict with a municipal ordinance shall not be effective |
464 | within the municipality to the extent of such conflict. |
465 | (g) CHARTER GOVERNMENT. Counties operating under county |
466 | charters shall have all powers of local self-government not |
467 | inconsistent with general law, or with special law approved by |
468 | vote of the electors. The governing body of a county operating |
469 | under a charter may enact county ordinances not inconsistent |
470 | with general law. The charter shall provide which shall prevail |
471 | in the event of conflict between county and municipal |
472 | ordinances. |
473 | (h) TAXES; LIMITATION. Property situate within |
474 | municipalities shall not be subject to taxation for services |
475 | rendered by the county exclusively for the benefit of the |
476 | property or residents in unincorporated areas. |
477 | (i) COUNTY ORDINANCES. Each county ordinance shall be |
478 | filed with the custodian of state records and shall become |
479 | effective at such time thereafter as is provided by general law. |
480 | (j) VIOLATION OF ORDINANCES. Persons violating county |
481 | ordinances shall be prosecuted and punished as provided by law. |
482 | (k) COUNTY SEAT. In every county there shall be a county |
483 | seat at which shall be located the principal offices and |
484 | permanent records of all county officers. The county seat may |
485 | not be moved except as provided by general law. Branch offices |
486 | for the conduct of county business may be established elsewhere |
487 | in the county by resolution of the governing body of the county |
488 | in the manner prescribed by law. No instrument shall be deemed |
489 | recorded until filed at the county seat, or a branch office |
490 | designated by the governing body of the county for the recording |
491 | of instruments, according to law. |
492 | ARTICLE XII |
493 | SCHEDULE |
494 | SECTION 27. Additional one percent state sales tax; |
495 | application of revenues to required local effort for school |
496 | districts.--Within six months after the adoption of the |
497 | amendment to Section 1 of Article VII of this constitution, the |
498 | legislature shall provide by general law for an increase of one |
499 | percent in the rate of taxation in the state tax imposed upon |
500 | sales, use, and other transactions relating to tangible personal |
501 | property. The legislature shall appropriate all revenues |
502 | generated from such increased rate to any required local effort |
503 | applicable to school districts pursuant to general law. |
504 | SECTION 28. Elected property appraisers; application.--The |
505 | requirement in Section 1(d) of Article VIII for a property |
506 | appraiser to be elected by the electors of the county shall |
507 | apply in each county, including each charter county, regardless |
508 | of whether the charter was adopted pursuant to Section 1(g) of |
509 | Article VIII or pursuant to Section 9, Section 10, Section 11, |
510 | or Section 24 of Article VIII of the Constitution of 1885, as |
511 | amended and incorporated by reference in Section 6(e) of Article |
512 | VIII. Any county that does not have an elected property |
513 | appraiser on the effective date of the amendment to Section 1 of |
514 | Article VIII of this constitution shall provide for electing a |
515 | property appraiser at the next general election as provided by |
516 | general law. |
517 | SECTION 29. Property tax exemptions and ad valorem tax |
518 | limitations.--The amendments to Sections 1, 3, 4, 6, and 9 of |
519 | Article VII, providing for a l percent increase in the states |
520 | sales and use tax and dedicating revenues from the increase to |
521 | reducing any required local effort, providing a $25,000 |
522 | exemption from ad valorem taxation for tangible personal |
523 | property, providing an additional $25,000 homestead exemption, |
524 | authorizing the transfer of the accrued benefit from the |
525 | limitation on the assessment of homestead property, providing an |
526 | additional homestead exemption for first-time homestead property |
527 | owners, providing a complete homestead exemption for low-income |
528 | seniors, providing for assessing rent-restricted affordable |
529 | housing and commercial and public-access waterfront property |
530 | pursuant to general law, and requiring the legislature to limit |
531 | the authority of counties, municipalities, and special districts |
532 | to increase ad valorem taxes; the amendment to Section 1 of |
533 | Article VIII, requiring property appraisers to be elected; the |
534 | creation of Section 27 of this Article, requiring the |
535 | Legislature to increase the state sales and use tax by 1 percent |
536 | and appropriate revenues from the increase to any required local |
537 | effort applicable to school districts; the creation of Section |
538 | 28 of this Article, providing for election of county property |
539 | appraisers; and this section, if submitted to the electors of |
540 | this state for approval or rejection at a special election |
541 | authorized by law to be held on January 29, 2008, shall take |
542 | effect upon approval by the electors and shall operate |
543 | retroactively to January 1, 2008, or, if submitted to the |
544 | electors of this state for approval or rejection at the next |
545 | general election, shall take effect January 1 of the year |
546 | following 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 |
554 | INCREASES LIMITATIONS; ELECTED PROPERTY APPRAISERS.--This |
555 | revision proposes changes to the State Constitution relating to |
556 | the state sales and use tax, ad valorem taxation, and elected |
557 | property appraisers. With respect to the state sales and use |
558 | tax, this revision 1) requires an increase in the tax and |
559 | applies the additional revenues to the required local effort for |
560 | school districts. With respect to homestead property, this |
561 | revision 2) adds an additional homestead exemption for most |
562 | homestead owners, 3) exempts certain low-income seniors from ad |
563 | valorem tax on their homesteads, 4) provides an additional |
564 | homestead exemption that diminishes over time for first-time |
565 | Florida homebuyers, and 5) provides for the transfer of |
566 | accumulated Save Our Homes benefits. With respect to non- |
567 | homestead property, this revision allows the Legislature to |
568 | limit ad valorem assessments on 6) affordable housing and 7) on |
569 | working waterfronts under specific circumstances, 8) provides a |
570 | $25,000 exemption for tangible personal property, and 9) limits |
571 | annual increases in assessments of nonhomestead real property. |
572 | Further, this revision 10) requires the Legislature to limit the |
573 | authority of local governments other than school districts to |
574 | increase property taxes, and 11) requires all county property |
575 | appraisers to be elected. |
576 | In more detail, this revision: |
577 | 1. Requires the Legislature to increase the state sales |
578 | and use tax by 1 percent and requires the Legislature to |
579 | appropriate revenues resulting from the increase to reducing the |
580 | required local effort for school districts. |
581 | 2. Increases the homestead exemption by providing an |
582 | additional $25,000 homestead exemption for the portion of the |
583 | assessed value above $50,000 up to $75,000. This exemption does |
584 | not apply to school taxes. |
585 | 3. Exempts certain low-income seniors from ad valorem tax |
586 | on their homes. Persons 65 or older whose household income is |
587 | less than $23,604, adjusted annually for inflation, will be |
588 | totally exempt from ad valorem taxes, including school taxes, on |
589 | their homestead property. |
590 | 4. Provides an increased exemption for first-time Florida |
591 | homebuyers beginning in 2008. First-time homebuyers in Florida |
592 | who qualify for homestead exemption will be eligible for an |
593 | additional exemption equal to 25 percent of the assessed value |
594 | of their new home, not to exceed 25 percent of the county median |
595 | homestead just value for the prior year. The amount of the |
596 | exemption will decrease each year by the amount of the home's |
597 | Save Our Homes benefit. When the amount of the home's Save Our |
598 | Homes benefit meets or exceeds this exemption, the exemption is |
599 | lost. This exemption also is available to 2007 first-time |
600 | homebuyers who qualify for homestead exemption January 1, 2008. |
601 | This exemption does not apply to school taxes. |
602 | 5. Provides for the transfer of accumulated Save Our Homes |
603 | benefits. Homestead property owners will be able to transfer |
604 | their Save Our Homes benefit to a new homestead within two years |
605 | of relinquishing their previous homestead exemption; except, if |
606 | the new homestead is established on January 1, 2008, the |
607 | previous homestead must have been relinquished in 2007. If the |
608 | new homestead has a higher just value than the old one, the |
609 | entire benefit can be transferred; if the new homestead has a |
610 | lower just value, the amount of benefit transferred will be |
611 | reduced in proportion of the just value of the new homestead to |
612 | the just value of the old homestead. The transferred benefit may |
613 | not exceed $1 million. This provision does not apply to school |
614 | taxes. |
615 | 6. Provides for assessing certain rent-restricted |
616 | affordable housing property as provided by general law. This |
617 | provision will not apply to school taxes. |
618 | 7. Provides for assessing certain waterfront property used |
619 | for commercial fishing, commercial water-dependent activities, |
620 | and public access as provided by general law. This provision |
621 | will not apply to school taxes. |
622 | 8. Limits increases in assessments each year for all |
623 | property other than homestead property to the lower of 3 percent |
624 | or 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 |
627 | provision applies to all tax levies. |
628 | 10. Requires the Legislature to limit the authority of |
629 | counties, municipalities, and special districts to increase ad |
630 | valorem 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: |
635 | A joint resolution proposing amendments to Sections 1, 3, 4, 6, |
636 | and 9 of Article VII and Section 1 of Article VIII and the |
637 | creation of Sections 27, 28, and 29 of Article XII of the State |
638 | Constitution, to provide for increasing the state sales and use |
639 | tax rate and applying revenues from the increase to reducing |
640 | required local effort for school districts, to require an |
641 | exemption from ad valorem taxation for tangible personal |
642 | property, to provide for the transfer of the accrued benefit |
643 | from the limitation on the assessed value of homestead property, |
644 | to provide for assessing rent-restricted affordable housing and |
645 | commercial and public-access waterfront property by general law, |
646 | to increase the homestead exemption, to create an additional |
647 | homestead exemption for first-time homestead property owners, to |
648 | provide a complete homestead exemption for low-income seniors, |
649 | to require the Legislature to limit county, municipality, and |
650 | special district authority to increase ad valorem taxes, to |
651 | require each county to have an elected property appraiser, to |
652 | require the Legislature to increase the sales and use tax rate |
653 | by 1 percent and appropriate revenues resulting from the |
654 | increase to any required local effort for school districts, and |
655 | to provide an effective date if such |