1 | Representative(s) Domino offered the following: |
2 |
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3 | Amendment (with ballot statement and title amendments) |
4 | Remove lines 223-484, and insert: |
5 | (i) Pursuant to general law and subject to conditions |
6 | specified therein, increases in assessments of real property |
7 | used for commercial purposes may be limited to the greater of |
8 | five percent or the average annual percentage growth in revenues |
9 | derived from the property over the preceding three years. |
10 | SECTION 6. Homestead exemptions.-- |
11 | (a) Every person who has the legal or equitable title to |
12 | real estate and maintains thereon the permanent residence of the |
13 | owner, or another legally or naturally dependent upon the owner, |
14 | shall be exempt from taxation thereon, except assessments for |
15 | special benefits, up to the assessed valuation of twenty-five |
16 | five thousand dollars and, for all levies other than school |
17 | district levies, on the assessed valuation greater than fifty |
18 | thousand dollars and up to seventy-five thousand dollars, upon |
19 | establishment of right thereto in the manner prescribed by law. |
20 | The real estate may be held by legal or equitable title, by the |
21 | entireties, jointly, in common, as a condominium, or indirectly |
22 | by stock ownership or membership representing the owner's or |
23 | member's proprietary interest in a corporation owning a fee or a |
24 | leasehold initially in excess of ninety-eight years. The |
25 | exemption shall not apply with respect to any assessment roll |
26 | until such roll is first determined to be in compliance with the |
27 | provisions of Section 4 of this Article by a state agency |
28 | designated by general law. This exemption is repealed on the |
29 | effective date of any amendment to Section 4 of this Article |
30 | that provides for the assessment of homestead property at less |
31 | than just value. |
32 | (b) Not more than one exemption shall be allowed any |
33 | individual or family unit or with respect to any residential |
34 | unit. No exemption shall exceed the value of the real estate |
35 | assessable to the owner or, in case of ownership through stock |
36 | or membership in a corporation, the value of the proportion |
37 | which the interest in the corporation bears to the assessed |
38 | value of the property. |
39 | (c) As provided by general law and subject to conditions |
40 | specified therein, each person who establishes the right to |
41 | receive the homestead exemption provided in subsection (a) |
42 | within one year after purchasing the homestead property and who |
43 | had not previously owned property receiving the homestead |
44 | exemption provided in subsection (a) is entitled to an |
45 | additional homestead exemption in an amount equal to twenty-five |
46 | percent of the homestead property's just value on January 1 of |
47 | the year the homestead exemption is established, not to exceed |
48 | twenty-five percent of the median just value of homesteads in |
49 | the county in which the homestead is located in the year prior |
50 | to establishing the new homestead. This exemption is not |
51 | available if any owner of the property has previously owned |
52 | property that received the homestead exemption provided in |
53 | subsection (a). The additional homestead exemption shall be |
54 | reduced each year by the difference between the homestead's just |
55 | value and assessed value as determined under subsection (c) of |
56 | Section 4 of this Article until the value of the exemption is |
57 | reduced to zero. The exemption provided under this subsection |
58 | shall apply to all levies other than school district levies. |
59 | (c) By general law and subject to conditions specified |
60 | therein, the exemption shall be increased to a total of twenty- |
61 | five thousand dollars of the assessed value of the real estate |
62 | for each school district levy. By general law and subject to |
63 | conditions specified therein, the exemption for all other levies |
64 | may be increased up to an amount not exceeding ten thousand |
65 | dollars of the assessed value of the real estate if the owner |
66 | has attained age sixty-five or is totally and permanently |
67 | disabled and if the owner is not entitled to the exemption |
68 | provided in subsection (d). |
69 | (d) By general law and subject to conditions specified |
70 | therein, the exemption shall be increased to a total of the |
71 | following amounts of assessed value of real estate for each levy |
72 | other than those of school districts: fifteen thousand dollars |
73 | with respect to 1980 assessments; twenty thousand dollars with |
74 | respect to 1981 assessments; twenty-five thousand dollars with |
75 | respect to assessments for 1982 and each year thereafter. |
76 | However, such increase shall not apply with respect to any |
77 | assessment roll until such roll is first determined to be in |
78 | compliance with the provisions of section 4 by a state agency |
79 | designated by general law. This subsection shall stand repealed |
80 | on the effective date of any amendment to section 4 which |
81 | provides for the assessment of homestead property at a specified |
82 | percentage of its just value. |
83 | (d)(e) By general law and subject to conditions specified |
84 | therein, the Legislature may provide to renters, who are |
85 | permanent residents, ad valorem tax relief on all ad valorem tax |
86 | levies. Such ad valorem tax relief shall be in the form and |
87 | amount established by general law. |
88 | (e)(f) The legislature may, by general law, allow counties |
89 | or municipalities, for the purpose of their respective tax |
90 | levies and subject to the provisions of general law, to grant an |
91 | additional homestead tax exemption not exceeding fifty thousand |
92 | dollars to any person who has the legal or equitable title to |
93 | real estate and maintains thereon the permanent residence of the |
94 | owner and who has attained age sixty-five and whose household |
95 | income, as defined by general law, does not exceed twenty |
96 | thousand dollars. The general law must allow counties and |
97 | municipalities to grant this additional exemption, within the |
98 | limits prescribed in this subsection, by ordinance adopted in |
99 | the manner prescribed by general law, and must provide for the |
100 | periodic adjustment of the income limitation prescribed in this |
101 | subsection for changes in the cost of living. |
102 | (f)(g) Each veteran who is age 65 or older who is |
103 | partially or totally permanently disabled shall receive a |
104 | discount from the amount of the ad valorem tax otherwise owed on |
105 | homestead property the veteran owns and resides in if the |
106 | disability was combat related, the veteran was a resident of |
107 | this state at the time of entering the military service of the |
108 | United States, and the veteran was honorably discharged upon |
109 | separation from military service. The discount shall be in a |
110 | percentage equal to the percentage of the veteran's permanent, |
111 | service-connected disability as determined by the United States |
112 | Department of Veterans Affairs. To qualify for the discount |
113 | granted by this subsection, an applicant must submit to the |
114 | county property appraiser, by March 1, proof of residency at the |
115 | time of entering military service, an official letter from the |
116 | United States Department of Veterans Affairs stating the |
117 | percentage of the veteran's service-connected disability and |
118 | such evidence that reasonably identifies the disability as |
119 | combat related, and a copy of the veteran's honorable discharge. |
120 | If the property appraiser denies the request for a discount, the |
121 | appraiser must notify the applicant in writing of the reasons |
122 | for the denial, and the veteran may reapply. The Legislature |
123 | may, by general law, waive the annual application requirement in |
124 | subsequent years. This subsection shall take effect December 7, |
125 | 2006, is self-executing, and does not require implementing |
126 | legislation. |
127 | (g) Real property owned and used as a homestead by a |
128 | person who has attained age sixty-five and whose household |
129 | income, as defined by general law, does not exceed $23,604 is |
130 | exempt from ad valorem taxation. The legislature shall provide |
131 | for an annual adjustment of the income limitation prescribed in |
132 | this subsection for changes in the cost of living and may |
133 | provide additional financial eligibility requirements or other |
134 | eligibility requirements. |
135 | SECTION 9. Local taxes.-- |
136 | (a) Counties, school districts, and municipalities shall, |
137 | and special districts may, be authorized by law to levy ad |
138 | valorem taxes and may be authorized by general law to levy other |
139 | taxes, for their respective purposes, except ad valorem taxes on |
140 | intangible personal property and taxes prohibited by this |
141 | constitution. |
142 | (b) Ad valorem taxes, exclusive of taxes levied for the |
143 | payment of bonds and taxes levied for periods not longer than |
144 | two years when authorized by vote of the electors who are the |
145 | owners of freeholds therein not wholly exempt from taxation, |
146 | shall not be levied in excess of the following millages upon the |
147 | assessed value of real estate and tangible personal property: |
148 | for all county purposes, ten mills; for all municipal purposes, |
149 | ten mills; for all school purposes, ten mills; for water |
150 | management purposes for the northwest portion of the state lying |
151 | west of the line between ranges two and three east, 0.05 mill; |
152 | for water management purposes for the remaining portions of the |
153 | state, 1.0 mill; and for all other special districts a millage |
154 | authorized by law approved by vote of the electors who are |
155 | owners of freeholds therein not wholly exempt from taxation. A |
156 | county furnishing municipal services may, to the extent |
157 | authorized by law, levy additional taxes within the limits fixed |
158 | for municipal purposes. |
159 | (c) By general law, the legislature shall limit the |
160 | authority of counties, municipalities, and special districts to |
161 | increase ad valorem taxes. |
162 | ARTICLE VIII |
163 | LOCAL GOVERNMENT |
164 | SECTION 1. Counties.-- |
165 | (a) POLITICAL SUBDIVISIONS. The state shall be divided by |
166 | law into political subdivisions called counties. Counties may be |
167 | created, abolished or changed by law, with provision for payment |
168 | or apportionment of the public debt. |
169 | (b) COUNTY FUNDS. The care, custody and method of |
170 | disbursing county funds shall be provided by general law. |
171 | (c) GOVERNMENT. Pursuant to general or special law, a |
172 | county government may be established by charter which shall be |
173 | adopted, amended or repealed only upon vote of the electors of |
174 | the county in a special election called for that purpose. |
175 | (d) COUNTY OFFICERS. There shall be elected by the |
176 | electors of each county, for terms of four years, a sheriff, a |
177 | tax collector, a property appraiser, a supervisor of elections, |
178 | and a clerk of the circuit court; except, when provided by |
179 | county charter or special law approved by vote of the electors |
180 | of the county, any county officer other than a property |
181 | appraiser may be chosen in another manner therein specified, or |
182 | any county office other than the office of property appraiser |
183 | may be abolished when all the duties of the office prescribed by |
184 | general law are transferred to another office. When not |
185 | otherwise provided by county charter or special law approved by |
186 | vote of the electors, the clerk of the circuit court shall be ex |
187 | officio clerk of the board of county commissioners, auditor, |
188 | recorder and custodian of all county funds. |
189 | (e) COMMISSIONERS. Except when otherwise provided by |
190 | county charter, the governing body of each county shall be a |
191 | board of county commissioners composed of five or seven members |
192 | serving staggered terms of four years. After each decennial |
193 | census the board of county commissioners shall divide the county |
194 | into districts of contiguous territory as nearly equal in |
195 | population as practicable. One commissioner residing in each |
196 | district shall be elected as provided by law. |
197 | (f) NON-CHARTER GOVERNMENT. Counties not operating under |
198 | county charters shall have such power of self-government as is |
199 | provided by general or special law. The board of county |
200 | commissioners of a county not operating under a charter may |
201 | enact, in a manner prescribed by general law, county ordinances |
202 | not inconsistent with general or special law, but an ordinance |
203 | in conflict with a municipal ordinance shall not be effective |
204 | within the municipality to the extent of such conflict. |
205 | (g) CHARTER GOVERNMENT. Counties operating under county |
206 | charters shall have all powers of local self-government not |
207 | inconsistent with general law, or with special law approved by |
208 | vote of the electors. The governing body of a county operating |
209 | under a charter may enact county ordinances not inconsistent |
210 | with general law. The charter shall provide which shall prevail |
211 | in the event of conflict between county and municipal |
212 | ordinances. |
213 | (h) TAXES; LIMITATION. Property situate within |
214 | municipalities shall not be subject to taxation for services |
215 | rendered by the county exclusively for the benefit of the |
216 | property or residents in unincorporated areas. |
217 | (i) COUNTY ORDINANCES. Each county ordinance shall be |
218 | filed with the custodian of state records and shall become |
219 | effective at such time thereafter as is provided by general law. |
220 | (j) VIOLATION OF ORDINANCES. Persons violating county |
221 | ordinances shall be prosecuted and punished as provided by law. |
222 | (k) COUNTY SEAT. In every county there shall be a county |
223 | seat at which shall be located the principal offices and |
224 | permanent records of all county officers. The county seat may |
225 | not be moved except as provided by general law. Branch offices |
226 | for the conduct of county business may be established elsewhere |
227 | in the county by resolution of the governing body of the county |
228 | in the manner prescribed by law. No instrument shall be deemed |
229 | recorded until filed at the county seat, or a branch office |
230 | designated by the governing body of the county for the recording |
231 | of instruments, according to law. |
232 | ARTICLE XII |
233 | SCHEDULE |
234 | SECTION 27. Elected property appraisers; application.--The |
235 | requirement in Section 1(d) of Article VIII for a property |
236 | appraiser to be elected by the electors of the county shall |
237 | apply in each county, including each charter county, regardless |
238 | of whether the charter was adopted pursuant to Section 1(g) of |
239 | Article VIII or pursuant to Section 9, Section 10, Section 11, |
240 | or Section 24 of Article VIII of the Constitution of 1885, as |
241 | amended and incorporated by reference in Section 6(e) of Article |
242 | VIII. Any county that does not have an elected property |
243 | appraiser on the effective date of the amendment to Section 1 of |
244 | Article VIII of this constitution shall provide for electing a |
245 | property appraiser at the next general election as provided by |
246 | general law. |
247 | SECTION 28. Property tax exemptions and ad valorem tax |
248 | limitations.--The amendments to Sections 3, 4, 6, and 9 of |
249 | Article VII, providing a $25,000 exemption from ad valorem |
250 | taxation for tangible personal property, providing an additional |
251 | $25,000 homestead exemption, authorizing the transfer of the |
252 | accrued benefit from the limitation on the assessment of |
253 | homestead property, providing an additional homestead exemption |
254 | for first-time homestead property owners, providing a complete |
255 | homestead exemption for low-income seniors, providing for |
256 | assessing rent-restricted affordable housing and commercial and |
257 | public-access waterfront property pursuant to general law, |
258 | limiting annual increases in assessments of nonhomestead real |
259 | property, providing for limitations on assessment increases for |
260 | commercial property, and requiring the legislature to limit the |
261 | authority of counties, municipalities, and special districts to |
262 | increase ad valorem taxes; the amendment to Section 1 of Article |
263 | VIII, requiring property appraisers to be elected; and the |
264 | creation of Section 27 of this Article, providing for election |
265 | of county property appraisers, and this section, if submitted to |
266 | the electors of this state for approval or rejection at a |
267 | special election authorized by law to be held on January 29, |
268 | 2008, shall take effect upon approval by the electors and shall |
269 | operate retroactively to January 1, 2008, or, if submitted to |
270 | the electors of this state for approval or rejection at the next |
271 | general election, shall take effect January 1 of the year |
272 | following such general election. |
273 |
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274 | == B A L L O T S T A T E M E N T A M E N D M E N T == |
275 | Remove line(s) 505-562, and insert: |
276 | personal property, 8) limits annual increases in assessments of |
277 | nonhomestead real property, and 9) provides for limitations on |
278 | increases in assessments of commercial property. Further, this |
279 | revision 10) requires the Legislature to limit the authority of |
280 | local governments other than school districts to increase |
281 | property taxes, and 11) requires all county property appraisers |
282 | to be elected. |
283 | In more detail, this revision: |
284 | 1. Increases the homestead exemption by providing an |
285 | additional $25,000 homestead exemption for the portion of the |
286 | assessed value above $50,000 up to $75,000. This exemption does |
287 | not apply to school taxes. |
288 | 2. Exempts certain low-income seniors from ad valorem tax |
289 | on their homes. Persons 65 or older whose household income is |
290 | less than $23,604, adjusted annually for inflation, will be |
291 | totally exempt from ad valorem taxes, including school taxes, on |
292 | their homestead property. |
293 | 3. Provides an increased exemption for first-time Florida |
294 | homebuyers beginning in 2008. First-time homebuyers in Florida |
295 | who qualify for homestead exemption will be eligible for an |
296 | additional exemption equal to 25 percent of the assessed value |
297 | of their new home, not to exceed 25 percent of the county median |
298 | homestead just value for the prior year. The amount of the |
299 | exemption will decrease each year by the amount of the home's |
300 | Save Our Homes benefit. When the amount of the home's Save Our |
301 | Homes benefit meets or exceeds this exemption, the exemption is |
302 | lost. This exemption also is available to 2007 first-time |
303 | homebuyers who qualify for homestead exemption January 1, 2008. |
304 | This exemption does not apply to school taxes. |
305 | 4. Provides for the transfer of accumulated Save Our Homes |
306 | benefits. Homestead property owners will be able to transfer |
307 | their Save Our Homes benefit to a new homestead within two years |
308 | of relinquishing their previous homestead exemption; except, if |
309 | the new homestead is established on January 1, 2008, the |
310 | previous homestead must have been relinquished in 2007. If the |
311 | new homestead has a higher just value than the old one, the |
312 | entire benefit can be transferred; if the new homestead has a |
313 | lower just value, the amount of benefit transferred will be |
314 | reduced in proportion of the just value of the new homestead to |
315 | the just value of the old homestead. The transferred benefit may |
316 | not exceed $1 million. This provision does not apply to school |
317 | taxes. |
318 | 5. Provides for assessing certain rent-restricted |
319 | affordable housing property as provided by general law. This |
320 | provision will not apply to school taxes. |
321 | 6. Provides for assessing certain waterfront property used |
322 | for commercial fishing, commercial water-dependent activities, |
323 | and public access as provided by general law. This provision |
324 | will not apply to school taxes. |
325 | 7. Limits increases in assessments each year for all |
326 | property other than homestead property to the lower of 3 percent |
327 | or the percentage change in the Consumer Price Index. |
328 | 8. Limits increases in assessments of commercial property |
329 | to the greater of 5 percent or the average annual percentage |
330 | growth in revenues derived from the property over the preceding |
331 | three years. |
332 | 9. Authorizes an exemption from ad valorem taxes of |
333 | $25,000 of assessed value of tangible personal property. This |
334 | provision applies to all tax levies. |
335 | 10. Requires the Legislature to limit the authority of |
336 | counties, municipalities, and special districts to increase ad |
337 | valorem taxes. |
338 | 11. Requires each county to have an elected property |
339 |
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340 | ======= T I T L E A M E N D M E N T ======= |
341 | Remove line 12, and insert: |
342 | nonhomestead real property, to provide a limitation on increases |
343 | in assessments of commercial property, to increase the homestead |