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