| 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 |