Amendment
Bill No. 7001D
Amendment No. 775063
CHAMBER ACTION
Senate House
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1Representative Gelber, Boyd, Meadows, Richardson, Waldman, Vana,
2Kiar, Gibson, Bendross-Mindingall, Bucher, Gibbons, Taylor,
3Saunders, Jenne, Seiler, and Cusack offered the following:
4
5     Amendment (with title amendment)
6     Remove everything after the resolving clause, and insert:
7     That the following amendments to Sections 3, 4, and 6 of
8Article VII and Section 1 of Article VIII and the creation of
9Sections 27 and 28 of Article XII of the State Constitution are
10agreed to and shall be submitted to the electors of this state
11for approval or rejection at the next general election or at an
12earlier special election specifically authorized by law for that
13purpose:
14
ARTICLE VII
15
FINANCE AND TAXATION
16     SECTION 3.  Taxes; exemptions.--
17     (a)  All property owned by a municipality and used
18exclusively by it for municipal or public purposes shall be
19exempt from taxation.  A municipality, owning property outside
20the municipality, may be required by general law to make payment
21to the taxing unit in which the property is located.  Such
22portions of property as are used predominantly for educational,
23literary, scientific, religious or charitable purposes may be
24exempted by general law from taxation.
25     (b)  There shall be exempt from taxation, cumulatively, to
26every head of a family residing in this state, household goods
27and personal effects to the value fixed by general law, not less
28than one thousand dollars, and to every widow or widower or
29person who is blind or totally and permanently disabled,
30property to the value fixed by general law not less than five
31hundred dollars.
32     (c)  Any county or municipality may, for the purpose of its
33respective tax levy and subject to the provisions of this
34subsection and general law, grant community and economic
35development ad valorem tax exemptions to new businesses and
36expansions of existing businesses, as defined by general law.
37Such an exemption may be granted only by ordinance of the county
38or municipality, and only after the electors of the county or
39municipality voting on such question in a referendum authorize
40the county or municipality to adopt such ordinances.  An
41exemption so granted shall apply to improvements to real
42property made by or for the use of a new business and
43improvements to real property related to the expansion of an
44existing business and shall also apply to tangible personal
45property of such new business and tangible personal property
46related to the expansion of an existing business. The amount or
47limits of the amount of such exemption shall be specified by
48general law.  The period of time for which such exemption may be
49granted to a new business or expansion of an existing business
50shall be determined by general law.  The authority to grant such
51exemption shall expire ten years from the date of approval by
52the electors of the county or municipality, and may be renewable
53by referendum as provided by general law.
54     (d)  By general law and subject to conditions specified
55therein, there may be granted an ad valorem tax exemption to a
56renewable energy source device and to real property on which
57such device is installed and operated, to the value fixed by
58general law not to exceed the original cost of the device, and
59for the period of time fixed by general law not to exceed ten
60years.
61     (e)  Any county or municipality may, for the purpose of its
62respective tax levy and subject to the provisions of this
63subsection and general law, grant historic preservation ad
64valorem tax exemptions to owners of historic properties.  This
65exemption may be granted only by ordinance of the county or
66municipality.  The amount or limits of the amount of this
67exemption and the requirements for eligible properties must be
68specified by general law.  The period of time for which this
69exemption may be granted to a property owner shall be determined
70by general law.
71     (f)  By general law and subject to conditions specified
72therein, twenty-five thousand dollars of the assessed value of
73property subject to tangible personal property tax shall be
74exempt from ad valorem taxation.
75     SECTION 4.  Taxation; assessments.--By general law
76regulations shall be prescribed which shall secure a just
77valuation of all property for ad valorem taxation, provided:
78     (a)  Agricultural land, land producing high water recharge
79to Florida's aquifers, or land used exclusively for
80noncommercial recreational purposes may be classified by general
81law and assessed solely on the basis of character or use.
82     (b)  Pursuant to general law tangible personal property
83held for sale as stock in trade and livestock may be valued for
84taxation at a specified percentage of its value, may be
85classified for tax purposes, or may be exempted from taxation.
86     (c)  All persons entitled to a homestead exemption under
87Section 6 of this Article shall have their homestead assessed at
88just value as of January 1 of the year following the effective
89date of this amendment. This assessment shall change only as
90provided herein.
91     (1)  Assessments subject to this provision shall be changed
92annually on January 1st of each year; but those changes in
93assessments shall not exceed the lower of the following:
94     a.  Three percent (3%) of the assessment for the prior
95year.
96     b.  The percent change in the Consumer Price Index for all
97urban consumers, U.S. City Average, all items 1967=100, or
98successor reports for the preceding calendar year as initially
99reported by the United States Department of Labor, Bureau of
100Labor Statistics.
101     (2)  No assessment shall exceed just value.
102     (3)  After any change of ownership, as provided by general
103law, homestead property shall be assessed at just value as of
104January 1 of the following year, unless the provisions of
105paragraph (8) apply. Thereafter, the homestead shall be assessed
106as provided herein.
107     (4)  New homestead property shall be assessed at just value
108as of January 1st of the year following the establishment of the
109homestead, unless the provisions of paragraph (8) apply. That
110assessment shall only change as provided herein.
111     (5)  Changes, additions, reductions, or improvements to
112homestead property shall be assessed as provided for by general
113law; provided, however, after the adjustment for any change,
114addition, reduction, or improvement, the property shall be
115assessed as provided herein.
116     (6)  In the event of a termination of homestead status, the
117property shall be assessed as provided by general law.
118     (7)  The provisions of this amendment are severable. If any
119of the provisions of this amendment shall be held
120unconstitutional by any court of competent jurisdiction, the
121decision of such court shall not affect or impair any remaining
122provisions of this amendment.
123     (8)a.  For all levies other than school district levies, a
124person who establishes a new homestead as of January 1, 2009, or
125January 1 of any subsequent year and who has received a
126homestead exemption pursuant to Section 6 of this Article as of
127January 1 of either of the two years immediately preceding the
128establishment of the new homestead is entitled to have the new
129homestead assessed at less than just value. A person who
130establishes a new homestead as of January 1, 2008, is entitled
131to have the new homestead assessed at less than just value only
132if that person received a homestead exemption on January 1,
1332007. The assessed value of the newly established homestead
134shall be determined as follows:
135     1.  If the just value of the new homestead is greater than
136or equal to the just value of the prior homestead of the person
137establishing the new homestead as of January 1 of the year in
138which the prior homestead was abandoned, the assessed value of
139the new homestead shall be the just value of the new homestead
140minus an amount equal to the lesser of $1 million or the
141difference between the just value and the assessed value of the
142prior homestead as of January 1 of the year in which the prior
143homestead was abandoned. Thereafter, the homestead shall be
144assessed as provided herein.
145     2.  If the just value of the new homestead is less than the
146just value of the prior homestead of the person establishing the
147new homestead as of January 1 of the year in which the prior
148homestead was abandoned, the assessed value of the new homestead
149shall be equal to the just value of the new homestead divided by
150the just value of the prior homestead and multiplied by the
151assessed value of the prior homestead. However, if the
152difference between the just value of the new homestead and the
153assessed value of the new homestead calculated pursuant to this
154sub-subparagraph is greater than $1 million, the assessed value
155of the new homestead shall be increased so that the difference
156between the just value and the assessed value equals $1 million.
157Thereafter, the homestead shall be assessed as provided herein.
158     b.  By general law and subject to conditions specified
159therein, the legislature shall provide for application of this
160paragraph to property owned by more than one person.
161     (d)  The legislature may, by general law, for assessment
162purposes and subject to the provisions of this subsection, allow
163counties and municipalities to authorize by ordinance that
164historic property may be assessed solely on the basis of
165character or use. Such character or use assessment shall apply
166only to the jurisdiction adopting the ordinance. The
167requirements for eligible properties must be specified by
168general law.
169     (e)  A county may, in the manner prescribed by general law,
170provide for a reduction in the assessed value of homestead
171property to the extent of any increase in the assessed value of
172that property which results from the construction or
173reconstruction of the property for the purpose of providing
174living quarters for one or more natural or adoptive grandparents
175or parents of the owner of the property or of the owner's spouse
176if at least one of the grandparents or parents for whom the
177living quarters are provided is 62 years of age or older. Such a
178reduction may not exceed the lesser of the following:
179     (1)  The increase in assessed value resulting from
180construction or reconstruction of the property.
181     (2)  Twenty percent of the total assessed value of the
182property as improved.
183     (f)  As defined by general law, real property that is used
184to provide affordable housing and is subject to rent
185restrictions imposed by a governmental agency may be assessed as
186provided by general law, subject to conditions or limitations
187specified therein. This subsection shall apply to all levies
188other than school district levies.
189     (g)  As defined by general law, land that is used
190exclusively for commercial fishing purposes or that is open to
191the public and used predominantly for commercial water-dependent
192activities or for public access to waters that are navigable may
193be assessed as provided by general law, subject to conditions or
194limitations specified therein. For purposes of this paragraph,
195the term "water-dependent activity" means any activity that can
196be conducted only on, in, over, or adjacent to waters that are
197navigable and that requires direct access to water and involves
198the use of water as an integral part of such activity. This
199subsection shall apply to all levies other than school district
200levies.
201     SECTION 6.  Homestead exemptions.--
202     (a)  Every person who has the legal or equitable title to
203real estate and maintains thereon the permanent residence of the
204owner, or another legally or naturally dependent upon the owner,
205shall be exempt from taxation thereon, except assessments for
206special benefits, up to the assessed valuation of twenty-five
207five thousand dollars, upon establishment of right thereto in
208the manner prescribed by law.  The real estate may be held by
209legal or equitable title, by the entireties, jointly, in common,
210as a condominium, or indirectly by stock ownership or membership
211representing the owner's or member's proprietary interest in a
212corporation owning a fee or a leasehold initially in excess of
213ninety-eight years. The exemption shall not apply with respect
214to any assessment roll until such roll is first determined to be
215in compliance with the provisions of Section 4 of this Article
216by a state agency designated by general law. This exemption is
217repealed on the effective date of any amendment to Section 4 of
218this Article that provides for the assessment of homestead
219property at less than just value.
220     (b)  Not more than one exemption shall be allowed any
221individual or family unit or with respect to any residential
222unit. No exemption shall exceed the value of the real estate
223assessable to the owner or, in case of ownership through stock
224or membership in a corporation, the value of the proportion
225which the interest in the corporation bears to the assessed
226value of the property.
227     (c)(1)  For all levies other than school district levies, a
228person who is entitled to a homestead exemption under subsection
229(a) shall be entitled to an alternative Save Our Homes homestead
230exemption, which shall apply after the first fifty thousand
231dollars of just value, equal to forty percent (40%) of the prior
232year median just value of homesteads in the county in which the
233homestead is located, for any year in which the tax benefit of
234such alternative exemption is greater than the tax benefit of
235the Save Our Homes benefit provided in subsection (c) of Section
2364 of this Article.
237     (2)  For all levies other than school district levies, a
238person who has attained age sixty-five and whose household
239income, as defined by general law, does not exceed $23,604, who
240is entitled to a homestead exemption under subsection (a) shall
241be entitled to an alternative Save Our Homes homestead
242exemption, which shall apply after the first fifty thousand
243dollars of just value, equal to one hundred percent (100%) of
244the prior year median just value of homesteads in the county in
245which the homestead is located, for any year in which the tax
246benefit of such alternative exemption is greater than the tax
247benefit of the Save Our Homes benefit provided in subsection (c)
248of Section 4 of this Article. The legislature shall provide for
249an annual adjustment of the income limitation prescribed in this
250paragraph for changes in the cost of living and may provide
251additional financial eligibility requirements or other
252eligibility requirements.
253     (c)  By general law and subject to conditions specified
254therein, the exemption shall be increased to a total of twenty-
255five thousand dollars of the assessed value of the real estate
256for each school district levy. By general law and subject to
257conditions specified therein, the exemption for all other levies
258may be increased up to an amount not exceeding ten thousand
259dollars of the assessed value of the real estate if the owner
260has attained age sixty-five or is totally and permanently
261disabled and if the owner is not entitled to the exemption
262provided in subsection (d).
263     (d)  By general law and subject to conditions specified
264therein, the exemption shall be increased to a total of the
265following amounts of assessed value of real estate for each levy
266other than those of school districts: fifteen thousand dollars
267with respect to 1980 assessments; twenty thousand dollars with
268respect to 1981 assessments; twenty-five thousand dollars with
269respect to assessments for 1982 and each year thereafter.
270However, such increase shall not apply with respect to any
271assessment roll until such roll is first determined to be in
272compliance with the provisions of section 4 by a state agency
273designated by general law.  This subsection shall stand repealed
274on the effective date of any amendment to section 4 which
275provides for the assessment of homestead property at a specified
276percentage of its just value.
277     (d)(e)  By general law and subject to conditions specified
278therein, the Legislature may provide to renters, who are
279permanent residents, ad valorem tax relief on all ad valorem tax
280levies. Such ad valorem tax relief shall be in the form and
281amount established by general law.
282     (e)(f)  The legislature may, by general law, allow counties
283or municipalities, for the purpose of their respective tax
284levies and subject to the provisions of general law, to grant an
285additional homestead tax exemption not exceeding fifty thousand
286dollars to any person who has the legal or equitable title to
287real estate and maintains thereon the permanent residence of the
288owner and who has attained age sixty-five and whose household
289income, as defined by general law, does not exceed twenty
290thousand dollars. The general law must allow counties and
291municipalities to grant this additional exemption, within the
292limits prescribed in this subsection, by ordinance adopted in
293the manner prescribed by general law, and must provide for the
294periodic adjustment of the income limitation prescribed in this
295subsection for changes in the cost of living.
296     (f)(g)  Each veteran who is age 65 or older who is
297partially or totally permanently disabled shall receive a
298discount from the amount of the ad valorem tax otherwise owed on
299homestead property the veteran owns and resides in if the
300disability was combat related, the veteran was a resident of
301this state at the time of entering the military service of the
302United States, and the veteran was honorably discharged upon
303separation from military service. The discount shall be in a
304percentage equal to the percentage of the veteran's permanent,
305service-connected disability as determined by the United States
306Department of Veterans Affairs. To qualify for the discount
307granted by this subsection, an applicant must submit to the
308county property appraiser, by March 1, proof of residency at the
309time of entering military service, an official letter from the
310United States Department of Veterans Affairs stating the
311percentage of the veteran's service-connected disability and
312such evidence that reasonably identifies the disability as
313combat related, and a copy of the veteran's honorable discharge.
314If the property appraiser denies the request for a discount, the
315appraiser must notify the applicant in writing of the reasons
316for the denial, and the veteran may reapply. The Legislature
317may, by general law, waive the annual application requirement in
318subsequent years. This subsection shall take effect December 7,
3192006, is self-executing, and does not require implementing
320legislation.
321
ARTICLE VIII
322
LOCAL GOVERNMENT
323     SECTION 1.  Counties.--
324     (a)  POLITICAL SUBDIVISIONS.  The state shall be divided by
325law into political subdivisions called counties. Counties may be
326created, abolished or changed by law, with provision for payment
327or apportionment of the public debt.
328     (b)  COUNTY FUNDS.  The care, custody and method of
329disbursing county funds shall be provided by general law.
330     (c)  GOVERNMENT.  Pursuant to general or special law, a
331county government may be established by charter which shall be
332adopted, amended or repealed only upon vote of the electors of
333the county in a special election called for that purpose.
334     (d)  COUNTY OFFICERS.  There shall be elected by the
335electors of each county, for terms of four years, a sheriff, a
336tax collector, a property appraiser, a supervisor of elections,
337and a clerk of the circuit court; except, when provided by
338county charter or special law approved by vote of the electors
339of the county, any county officer other than a property
340appraiser may be chosen in another manner therein specified, or
341any county office other than the office of property appraiser
342may be abolished when all the duties of the office prescribed by
343general law are transferred to another office. When not
344otherwise provided by county charter or special law approved by
345vote of the electors, the clerk of the circuit court shall be ex
346officio clerk of the board of county commissioners, auditor,
347recorder and custodian of all county funds.
348     (e)  COMMISSIONERS.  Except when otherwise provided by
349county charter, the governing body of each county shall be a
350board of county commissioners composed of five or seven members
351serving staggered terms of four years. After each decennial
352census the board of county commissioners shall divide the county
353into districts of contiguous territory as nearly equal in
354population as practicable. One commissioner residing in each
355district shall be elected as provided by law.
356     (f)  NON-CHARTER GOVERNMENT.  Counties not operating under
357county charters shall have such power of self-government as is
358provided by general or special law. The board of county
359commissioners of a county not operating under a charter may
360enact, in a manner prescribed by general law, county ordinances
361not inconsistent with general or special law, but an ordinance
362in conflict with a municipal ordinance shall not be effective
363within the municipality to the extent of such conflict.
364     (g)  CHARTER GOVERNMENT.  Counties operating under county
365charters shall have all powers of local self-government not
366inconsistent with general law, or with special law approved by
367vote of the electors. The governing body of a county operating
368under a charter may enact county ordinances not inconsistent
369with general law. The charter shall provide which shall prevail
370in the event of conflict between county and municipal
371ordinances.
372     (h)  TAXES; LIMITATION.  Property situate within
373municipalities shall not be subject to taxation for services
374rendered by the county exclusively for the benefit of the
375property or residents in unincorporated areas.
376     (i)  COUNTY ORDINANCES.  Each county ordinance shall be
377filed with the custodian of state records and shall become
378effective at such time thereafter as is provided by general law.
379     (j)  VIOLATION OF ORDINANCES.  Persons violating county
380ordinances shall be prosecuted and punished as provided by law.
381     (k)  COUNTY SEAT.  In every county there shall be a county
382seat at which shall be located the principal offices and
383permanent records of all county officers. The county seat may
384not be moved except as provided by general law. Branch offices
385for the conduct of county business may be established elsewhere
386in the county by resolution of the governing body of the county
387in the manner prescribed by law. No instrument shall be deemed
388recorded until filed at the county seat, or a branch office
389designated by the governing body of the county for the recording
390of instruments, according to law.
391
ARTICLE XII
392
SCHEDULE
393     SECTION 27.  Elected property appraisers; application.--The
394requirement in Section 1(d) of Article VIII for a property
395appraiser to be elected by the electors of the county shall
396apply in each county, including each charter county, regardless
397of whether the charter was adopted pursuant to Section 1(g) of
398Article VIII or pursuant to Section 9, Section 10, Section 11,
399or Section 24 of Article VIII of the Constitution of 1885, as
400amended and incorporated by reference in Section 6(e) of Article
401VIII. Any county that does not have an elected property
402appraiser on the effective date of the amendment to Section 1 of
403Article VIII of this constitution shall provide for electing a
404property appraiser at the next general election as provided by
405general law.
406     SECTION 28.  Property tax exemptions and ad valorem tax
407limitations.--The amendments to Sections 3, 4, and 6 of Article
408VII, providing a $25,000 exemption from ad valorem taxation for
409tangible personal property, authorizing the transfer of the
410accrued benefit from the limitation on the assessment of
411homestead property, providing for assessing rent-restricted
412affordable housing and commercial and public-access waterfront
413property pursuant to general law, and providing for alternative
414Save Our Homes homestead exemptions; the amendment to Section 1
415of Article VIII, requiring property appraisers to be elected;
416and the creation of Section 27 of this Article, providing for
417election of county property appraisers, and this section, if
418submitted to the electors of this state for approval or
419rejection at a special election authorized by law to be held on
420January 29, 2008, shall take effect upon approval by the
421electors and shall operate retroactively to January 1, 2008, or,
422if submitted to the electors of this state for approval or
423rejection at the next general election, shall take effect
424January 1 of the year following such general election.
425     BE IT FURTHER RESOLVED that the following statement be
426placed on the ballot:
427
CONSTITUTIONAL AMENDMENTS
428
ARTICLE VII, SECTIONS 3, 4, AND 6
429
ARTICLE VIII, SECTION 1
430
ARTICLE XII, SECTIONS 27 AND 28
431     PROPERTY TAX EXEMPTIONS; LIMITATIONS ON AD VALOREM TAX
432INCREASES; ELECTED PROPERTY APPRAISERS.--This revision proposes
433changes to the State Constitution relating to ad valorem
434taxation and elected property appraisers. With respect to
435homestead property, this revision 1) provides for the transfer
436of accumulated Save Our Homes benefits and 2) provides
437alternative Save Our Homes homestead exemptions. With respect to
438nonhomestead property, this revision 3) allows the Legislature
439to limit ad valorem assessments on affordable housing and on
440working waterfronts under specific circumstances, and 4)
441provides a $25,000 exemption for tangible personal property.
442Further, this revision 5) requires all county property
443appraisers to be elected.
444     In more detail, this revision:
445     1.  Provides for an alternative Save Our Homes homestead
446exemption which shall apply after the first $50,000 of just
447value, equal to 40 percent of the prior year median just value
448of homesteads in the county in which the homestead is located,
449for any year in which the tax benefit of such alternative
450exemption is greater than the tax benefit of the Save Our Homes
451assessment increase limitation. This exemption does not apply to
452school taxes.
453     2.  Provides for an alternative Save Our Homes homestead
454exemption for persons who have attained age sixty-five and whose
455household income, as defined by general law, does not exceed
456$23,604, which shall apply after the first $50,000 of just
457value, equal to 100 percent of the prior year median just value
458of homesteads in the county in which the homestead is located,
459for any year in which the tax benefit of such alternative
460exemption is greater than the tax benefit of the Save Our Homes
461assessment increase limitation. This exemption does not apply to
462school taxes.
463     3.  Provides for the transfer of accumulated Save Our Homes
464benefits. Homestead property owners will be able to transfer
465their Save Our Homes benefit to a new homestead within two years
466of relinquishing their previous homestead exemption; except, if
467the new homestead is established on January 1, 2008, the
468previous homestead must have been relinquished in 2007. If the
469new homestead has a higher just value than the old one, the
470entire benefit can be transferred; if the new homestead has a
471lower just value, the amount of benefit transferred will be
472reduced in proportion of the just value of the new homestead to
473the just value of the old homestead. The transferred benefit may
474not exceed $1 million. This provision does not apply to school
475taxes.
476     4.  Provides for assessing certain rent-restricted
477affordable housing property as provided by general law. This
478provision will not apply to school taxes.
479     5.  Provides for assessing certain waterfront property used
480for commercial fishing, commercial water-dependent activities,
481and public access as provided by general law. This provision
482will not apply to school taxes.
483     6.  Authorizes an exemption from ad valorem taxes of
484$25,000 of assessed value of tangible personal property. This
485provision applies to all tax levies.
486     7.  Requires each county to have an elected property
487appraiser as a county officer and eliminates the option for
488choosing a property appraiser in any other manner as provided by
489county charter or special law approved by vote of the electors
490of the county and the option of abolishing the office of the
491property appraiser when all the duties of the office prescribed
492by general law are transferred to another office. Provides that
493the requirement for a property appraiser elected by the electors
494of the county shall apply in each county without exception,
495including each charter county, regardless of the authority under
496which the charter was adopted. It further provides for
497application of the elected property appraiser requirement to
498counties, and charter counties notwithstanding constitutional
499grants of authority to charter counties, and requires such
500counties to provide for electing a property appraiser as
501provided by general law.
502     Further, this revision:
503     A.  Repeals obsolete language on the homestead exemption
504when it was less than $25,000 and did not apply uniformly to
505property taxes levied by all local governments.
506     B.  Moves two current provisions, related to the homestead
507exemption, and makes them applicable to the increased homestead
508exemption.
509     C.  Schedules the changes to take effect upon approval by
510the voters and operate retroactively to January 1, 2008, if
511approved in a special election held on January 29, 2008, or to
512take effect January 1, 2009, if approved in the general election
513held in November of 2008.
514
515======= T I T L E  A M E N D M E N T =======
516     Remove the entire title, and insert:
517
House Joint Resolution
518A joint resolution proposing amendments to Sections 3, 4, and 6
519of Article VII and Section 1 of Article VIII and the creation of
520Sections 27 and 28 of Article XII of the State Constitution, to
521require an exemption from ad valorem taxation for tangible
522personal property, to provide for the transfer of the accrued
523benefit from the limitation on the assessed value of homestead
524property, to provide for assessing rent-restricted affordable
525housing and commercial and public-access waterfront property by
526general law, to provide for alternative Save Our Homes homestead
527exemptions, to require each county to have an elected property
528appraiser, and to provide an effective date if such amendments
529are adopted.


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