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