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