1 | House Joint Resolution |
2 | A joint resolution proposing amendments to Sections 1 and |
3 | 8 of Article VII, Section 1 of Article VIII, and Section 4 |
4 | of Article IX, the repeal of Sections 2, 3, 4, 6, 9, and |
5 | 12 of Article VII and Sections 2, 15, 19, 22, and 26 of |
6 | Article XII, and the creation of Section 19 of Article |
7 | VII, Section 28 of Article X, and Section 27 of Article |
8 | XII of the State Constitution to prohibit ad valorem |
9 | taxation of real estate and tangible personal property and |
10 | repeal provisions relating to such taxation to conform, |
11 | provide for revising the state sales and use tax rate to |
12 | generate revenues equal to total sales and use tax and ad |
13 | valorem tax revenues with a cap of 10 percent, limit sales |
14 | tax exemptions, provide for temporary emergency local |
15 | option sales tax increases, and direct revenues to the |
16 | state, counties, municipalities, and school districts, |
17 | protect existing indebtedness secured by revenues from ad |
18 | valorem taxes on real estate and tangible personal |
19 | property, and provide an effective date. |
20 |
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21 | Be It Resolved by the Legislature of the State of Florida: |
22 |
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23 | That the following amendments to Sections 1 and 8 of |
24 | Article VII, Section 1 of Article VIII, and Section 4 of Article |
25 | IX, the repeal of Sections 2, 3, 4, 6, 9, and 12 of Article VII |
26 | and Sections 2, 15, 19, 22, and 26 of Article XII, and the |
27 | creation of Section 19 of Article VII, Section 28 of Article X, |
28 | and Section 27 of Article XII of the State Constitution are |
29 | agreed to and shall be submitted to the electors of this state |
30 | for approval or rejection at the next general election or at an |
31 | earlier special election specifically authorized by law for that |
32 | purpose: |
33 | ARTICLE VII |
34 | FINANCE AND TAXATION |
35 | SECTION 1. Taxation; appropriations; state expenses; state |
36 | revenue limitation.-- |
37 | (a) No tax shall be levied except in pursuance of law. No |
38 | state ad valorem taxes shall be levied upon real estate or |
39 | tangible personal property. All other forms of taxation shall be |
40 | preempted to the state except as provided by general law. |
41 | (b) Motor vehicles, boats, airplanes, trailers, trailer |
42 | coaches and mobile homes, as defined by law, shall be subject to |
43 | a license tax for their operation in the amounts and for the |
44 | purposes prescribed by law, but shall not be subject to ad |
45 | valorem taxes. |
46 | (c) No money shall be drawn from the treasury except in |
47 | pursuance of appropriation made by law. |
48 | (d) Provision shall be made by law for raising sufficient |
49 | revenue to defray the expenses of the state for each fiscal |
50 | period. |
51 | (e) Except as provided herein, state revenues collected |
52 | for any fiscal year shall be limited to state revenues allowed |
53 | under this subsection for the prior fiscal year plus an |
54 | adjustment for growth. As used in this subsection, "growth" |
55 | means an amount equal to the average annual rate of growth in |
56 | Florida personal income over the most recent twenty quarters |
57 | times the state revenues allowed under this subsection for the |
58 | prior fiscal year. For the 1995-1996 fiscal year, the state |
59 | revenues allowed under this subsection for the prior fiscal year |
60 | shall equal the state revenues collected for the 1994-1995 |
61 | fiscal year. Florida personal income shall be determined by the |
62 | legislature, from information available from the United States |
63 | Department of Commerce or its successor on the first day of |
64 | February prior to the beginning of the fiscal year. State |
65 | revenues collected for any fiscal year in excess of this |
66 | limitation shall be transferred to the budget stabilization fund |
67 | until the fund reaches the maximum balance specified in Section |
68 | 19(g) of Article III, and thereafter shall be refunded to |
69 | taxpayers as provided by general law. State revenues allowed |
70 | under this subsection for any fiscal year may be increased by a |
71 | two-thirds vote of the membership of each house of the |
72 | legislature in a separate bill that contains no other subject |
73 | and that sets forth the dollar amount by which the state |
74 | revenues allowed will be increased. The vote may not be taken |
75 | less than seventy-two hours after the third reading of the bill. |
76 | For purposes of this subsection, "state revenues" means taxes, |
77 | fees, licenses, and charges for services imposed by the |
78 | legislature on individuals, businesses, or agencies outside |
79 | state government. However, "state revenues" does not include: |
80 | revenues that are necessary to meet the requirements set forth |
81 | in documents authorizing the issuance of bonds by the state; |
82 | revenues that are used to provide matching funds for the federal |
83 | Medicaid program with the exception of the revenues used to |
84 | support the Public Medical Assistance Trust Fund or its |
85 | successor program and with the exception of state matching funds |
86 | used to fund elective expansions made after July 1, 1994; |
87 | proceeds from the state lottery returned as prizes; receipts of |
88 | the Florida Hurricane Catastrophe Fund; balances carried forward |
89 | from prior fiscal years; taxes, licenses, fees, and charges for |
90 | services imposed by local, regional, or school district |
91 | governing bodies; or revenue from taxes, licenses, fees, and |
92 | charges for services required to be imposed by any amendment or |
93 | revision to this constitution after July 1, 1994. An adjustment |
94 | to the revenue limitation shall be made by general law to |
95 | reflect the fiscal impact of transfers of responsibility for the |
96 | funding of governmental functions between the state and other |
97 | levels of government. The legislature shall, by general law, |
98 | prescribe procedures necessary to administer this subsection. |
99 | SECTION 2. Taxes; rate.--All Ad valorem taxation shall be |
100 | at a uniform rate within each taxing unit, except the taxes on |
101 | intangible personal property may be at different rates but shall |
102 | never exceed two mills on the dollar of assessed value; |
103 | provided, as to any obligations secured by mortgage, deed of |
104 | trust, or other lien on real estate wherever located, an |
105 | intangible tax of not more than two mills on the dollar may be |
106 | levied by law to be in lieu of all other intangible assessments |
107 | on such obligations. |
108 | SECTION 3. Taxes; exemptions.-- |
109 | (a) All property owned by a municipality and used |
110 | exclusively by it for municipal or public purposes shall be |
111 | exempt from taxation. A municipality, owning property outside |
112 | the municipality, may be required by general law to make payment |
113 | to the taxing unit in which the property is located. Such |
114 | portions of property as are used predominantly for educational, |
115 | literary, scientific, religious or charitable purposes may be |
116 | exempted by general law from taxation. |
117 | (b) There shall be exempt from taxation, cumulatively, to |
118 | every head of a family residing in this state, household goods |
119 | and personal effects to the value fixed by general law, not less |
120 | than one thousand dollars, and to every widow or widower or |
121 | person who is blind or totally and permanently disabled, |
122 | property to the value fixed by general law not less than five |
123 | hundred dollars. |
124 | (c) Any county or municipality may, for the purpose of its |
125 | respective tax levy and subject to the provisions of this |
126 | subsection and general law, grant community and economic |
127 | development ad valorem tax exemptions to new businesses and |
128 | expansions of existing businesses, as defined by general law. |
129 | Such an exemption may be granted only by ordinance of the county |
130 | or municipality, and only after the electors of the county or |
131 | municipality voting on such question in a referendum authorize |
132 | the county or municipality to adopt such ordinances. An |
133 | exemption so granted shall apply to improvements to real |
134 | property made by or for the use of a new business and |
135 | improvements to real property related to the expansion of an |
136 | existing business and shall also apply to tangible personal |
137 | property of such new business and tangible personal property |
138 | related to the expansion of an existing business. The amount or |
139 | limits of the amount of such exemption shall be specified by |
140 | general law. The period of time for which such exemption may be |
141 | granted to a new business or expansion of an existing business |
142 | shall be determined by general law. The authority to grant such |
143 | exemption shall expire ten years from the date of approval by |
144 | the electors of the county or municipality, and may be renewable |
145 | by referendum as provided by general law. |
146 | (d) By general law and subject to conditions specified |
147 | therein, there may be granted an ad valorem tax exemption to a |
148 | renewable energy source device and to real property on which |
149 | such device is installed and operated, to the value fixed by |
150 | general law not to exceed the original cost of the device, and |
151 | for the period of time fixed by general law not to exceed ten |
152 | years. |
153 | (e) Any county or municipality may, for the purpose of its |
154 | respective tax levy and subject to the provisions of this |
155 | subsection and general law, grant historic preservation ad |
156 | valorem tax exemptions to owners of historic properties. This |
157 | exemption may be granted only by ordinance of the county or |
158 | municipality. The amount or limits of the amount of this |
159 | exemption and the requirements for eligible properties must be |
160 | specified by general law. The period of time for which this |
161 | exemption may be granted to a property owner shall be determined |
162 | by general law. |
163 | SECTION 4. Taxation; assessments.--By general law |
164 | regulations shall be prescribed which shall secure a just |
165 | valuation of all property for ad valorem taxation, provided: |
166 | (a) Agricultural land, land producing high water recharge |
167 | to Florida's aquifers, or land used exclusively for |
168 | noncommercial recreational purposes may be classified by general |
169 | law and assessed solely on the basis of character or use. |
170 | (b) Pursuant to general law tangible personal property |
171 | held for sale as stock in trade and livestock may be valued for |
172 | taxation at a specified percentage of its value, may be |
173 | classified for tax purposes, or may be exempted from taxation. |
174 | (c) All persons entitled to a homestead exemption under |
175 | Section 6 of this Article shall have their homestead assessed at |
176 | just value as of January 1 of the year following the effective |
177 | date of this amendment. This assessment shall change only as |
178 | provided herein. |
179 | (1) Assessments subject to this provision shall be changed |
180 | annually on January 1st of each year; but those changes in |
181 | assessments shall not exceed the lower of the following: |
182 | a. Three percent (3%) of the assessment for the prior |
183 | year. |
184 | b. The percent change in the Consumer Price Index for all |
185 | urban consumers, U.S. City Average, all items 1967=100, or |
186 | successor reports for the preceding calendar year as initially |
187 | reported by the United States Department of Labor, Bureau of |
188 | Labor Statistics. |
189 | (2) No assessment shall exceed just value. |
190 | (3) After any change of ownership, as provided by general |
191 | law, homestead property shall be assessed at just value as of |
192 | January 1 of the following year. Thereafter, the homestead shall |
193 | be assessed as provided herein. |
194 | (4) New homestead property shall be assessed at just value |
195 | as of January 1st of the year following the establishment of the |
196 | homestead. That assessment shall only change as provided herein. |
197 | (5) Changes, additions, reductions, or improvements to |
198 | homestead property shall be assessed as provided for by general |
199 | law; provided, however, after the adjustment for any change, |
200 | addition, reduction, or improvement, the property shall be |
201 | assessed as provided herein. |
202 | (6) In the event of a termination of homestead status, the |
203 | property shall be assessed as provided by general law. |
204 | (7) The provisions of this amendment are severable. If any |
205 | of the provisions of this amendment shall be held |
206 | unconstitutional by any court of competent jurisdiction, the |
207 | decision of such court shall not affect or impair any remaining |
208 | provisions of this amendment. |
209 | (d) The legislature may, by general law, for assessment |
210 | purposes and subject to the provisions of this subsection, allow |
211 | counties and municipalities to authorize by ordinance that |
212 | historic property may be assessed solely on the basis of |
213 | character or use. Such character or use assessment shall apply |
214 | only to the jurisdiction adopting the ordinance. The |
215 | requirements for eligible properties must be specified by |
216 | general law. |
217 | (e) A county may, in the manner prescribed by general law, |
218 | provide for a reduction in the assessed value of homestead |
219 | property to the extent of any increase in the assessed value of |
220 | that property which results from the construction or |
221 | reconstruction of the property for the purpose of providing |
222 | living quarters for one or more natural or adoptive grandparents |
223 | or parents of the owner of the property or of the owner's spouse |
224 | if at least one of the grandparents or parents for whom the |
225 | living quarters are provided is 62 years of age or older. Such a |
226 | reduction may not exceed the lesser of the following: |
227 | (1) The increase in assessed value resulting from |
228 | construction or reconstruction of the property. |
229 | (2) Twenty percent of the total assessed value of the |
230 | property as improved. |
231 | SECTION 6. Homestead exemptions.-- |
232 | (a) Every person who has the legal or equitable title to |
233 | real estate and maintains thereon the permanent residence of the |
234 | owner, or another legally or naturally dependent upon the owner, |
235 | shall be exempt from taxation thereon, except assessments for |
236 | special benefits, up to the assessed valuation of five thousand |
237 | dollars, upon establishment of right thereto in the manner |
238 | prescribed by law. The real estate may be held by legal or |
239 | equitable title, by the entireties, jointly, in common, as a |
240 | condominium, or indirectly by stock ownership or membership |
241 | representing the owner's or member's proprietary interest in a |
242 | corporation owning a fee or a leasehold initially in excess of |
243 | ninety-eight years. |
244 | (b) Not more than one exemption shall be allowed any |
245 | individual or family unit or with respect to any residential |
246 | unit. No exemption shall exceed the value of the real estate |
247 | assessable to the owner or, in case of ownership through stock |
248 | or membership in a corporation, the value of the proportion |
249 | which the interest in the corporation bears to the assessed |
250 | value of the property. |
251 | (c) By general law and subject to conditions specified |
252 | therein, the exemption shall be increased to a total of twenty- |
253 | five thousand dollars of the assessed value of the real estate |
254 | for each school district levy. By general law and subject to |
255 | conditions specified therein, the exemption for all other levies |
256 | may be increased up to an amount not exceeding ten thousand |
257 | dollars of the assessed value of the real estate if the owner |
258 | has attained age sixty-five or is totally and permanently |
259 | disabled and if the owner is not entitled to the exemption |
260 | provided in subsection (d). |
261 | (d) By general law and subject to conditions specified |
262 | therein, the exemption shall be increased to a total of the |
263 | following amounts of assessed value of real estate for each levy |
264 | other than those of school districts: fifteen thousand dollars |
265 | with respect to 1980 assessments; twenty thousand dollars with |
266 | respect to 1981 assessments; twenty-five thousand dollars with |
267 | respect to assessments for 1982 and each year thereafter. |
268 | However, such increase shall not apply with respect to any |
269 | assessment roll until such roll is first determined to be in |
270 | compliance with the provisions of section 4 by a state agency |
271 | designated by general law. This subsection shall stand repealed |
272 | on the effective date of any amendment to section 4 which |
273 | provides for the assessment of homestead property at a specified |
274 | percentage of its just value. |
275 | (e) By general law and subject to conditions specified |
276 | therein, the Legislature may provide to renters, who are |
277 | permanent residents, ad valorem tax relief on all ad valorem tax |
278 | levies. Such ad valorem tax relief shall be in the form and |
279 | amount established by general law. |
280 | (f) The legislature may, by general law, allow counties or |
281 | municipalities, for the purpose of their respective tax levies |
282 | and subject to the provisions of general law, to grant an |
283 | additional homestead tax exemption not exceeding fifty thousand |
284 | dollars to any person who has the legal or equitable title to |
285 | real estate and maintains thereon the permanent residence of the |
286 | owner and who has attained age sixty-five and whose household |
287 | income, as defined by general law, does not exceed twenty |
288 | thousand dollars. The general law must allow counties and |
289 | municipalities to grant this additional exemption, within the |
290 | limits prescribed in this subsection, by ordinance adopted in |
291 | the manner prescribed by general law, and must provide for the |
292 | periodic adjustment of the income limitation prescribed in this |
293 | subsection for changes in the cost of living. |
294 | (g) Each veteran who is age 65 or older who is partially |
295 | or totally permanently disabled shall receive a discount from |
296 | the amount of the ad valorem tax otherwise owed on homestead |
297 | property the veteran owns and resides in if the disability was |
298 | combat related, the veteran was a resident of this state at the |
299 | time of entering the military service of the United States, and |
300 | the veteran was honorably discharged upon separation from |
301 | military service. The discount shall be in a percentage equal to |
302 | the percentage of the veteran's permanent, service-connected |
303 | disability as determined by the United States Department of |
304 | Veterans Affairs. To qualify for the discount granted by this |
305 | subsection, an applicant must submit to the county property |
306 | appraiser, by March 1, proof of residency at the time of |
307 | entering military service, an official letter from the United |
308 | States Department of Veterans Affairs stating the percentage of |
309 | the veteran's service-connected disability and such evidence |
310 | that reasonably identifies the disability as combat related, and |
311 | a copy of the veteran's honorable discharge. If the property |
312 | appraiser denies the request for a discount, the appraiser must |
313 | notify the applicant in writing of the reasons for the denial, |
314 | and the veteran may reapply. The Legislature may, by general |
315 | law, waive the annual application requirement in subsequent |
316 | years. This subsection shall take effect December 7, 2006, is |
317 | self-executing, and does not require implementing legislation. |
318 | SECTION 8. Aid to local governments.--State funds may be |
319 | appropriated to the several counties, school districts, |
320 | municipalities or special districts upon such conditions as may |
321 | be provided by general law. These conditions may include the use |
322 | of relative ad valorem assessment levels determined by a state |
323 | agency designated by general law. |
324 | SECTION 9. Local taxes.-- |
325 | (a) Counties, school districts, and municipalities shall, |
326 | and special districts may, be authorized by law to levy ad |
327 | valorem taxes and may be authorized by general law to levy other |
328 | taxes, for their respective purposes, except ad valorem taxes on |
329 | intangible personal property and taxes prohibited by this |
330 | constitution. |
331 | (b) Ad valorem taxes, exclusive of taxes levied for the |
332 | payment of bonds and taxes levied for periods not longer than |
333 | two years when authorized by vote of the electors who are the |
334 | owners of freeholds therein not wholly exempt from taxation, |
335 | shall not be levied in excess of the following millages upon the |
336 | assessed value of real estate and tangible personal property: |
337 | for all county purposes, ten mills; for all municipal purposes, |
338 | ten mills; for all school purposes, ten mills; for water |
339 | management purposes for the northwest portion of the state lying |
340 | west of the line between ranges two and three east, 0.05 mill; |
341 | for water management purposes for the remaining portions of the |
342 | state, 1.0 mill; and for all other special districts a millage |
343 | authorized by law approved by vote of the electors who are |
344 | owners of freeholds therein not wholly exempt from taxation. A |
345 | county furnishing municipal services may, to the extent |
346 | authorized by law, levy additional taxes within the limits fixed |
347 | for municipal purposes. |
348 | SECTION 12. Local bonds.--Counties, school districts, |
349 | municipalities, special districts and local governmental bodies |
350 | with taxing powers may issue bonds, certificates of indebtedness |
351 | or any form of tax anticipation certificates, payable from ad |
352 | valorem taxation and maturing more than twelve months after |
353 | issuance only: |
354 | (a) to finance or refinance capital projects authorized by |
355 | law and only when approved by vote of the electors who are |
356 | owners of freeholds therein not wholly exempt from taxation; or |
357 | (b) to refund outstanding bonds and interest and |
358 | redemption premium thereon at a lower net average interest cost |
359 | rate. |
360 | SECTION 19. Revised state sales and use tax; first year |
361 | revenue neutrality; distribution to counties, municipalities, |
362 | and school districts.--As provided by general law, the rate of |
363 | the state tax on sales, use, and other transactions shall be |
364 | revised to generate in the first year after this section takes |
365 | effect the same amount of revenues as the aggregate total |
366 | revenues generated from such tax and ad valorem taxes in the |
367 | year immediately preceding the date this section takes effect. |
368 | Thereafter, the revised rate shall be adjusted each year by the |
369 | lesser of 3 percent or the percentage change that year in the |
370 | Consumer Price Index as compiled by the United States Department |
371 | of Labor; however, the rate may not exceed 10 percent. Revenues |
372 | from the revised sales and use tax shall be distributed to the |
373 | state, counties, municipalities, and school districts as |
374 | provided by general law. As provided by general law, only food, |
375 | medicine, and clothing with a retail price of less than twenty- |
376 | five dollars may be exempt from the sales tax. As provided by |
377 | general law, an elected taxing authority may, by supermajority |
378 | vote (majority plus 1), adopt an ordinance levying an additional |
379 | local option sales tax of 0.3 percent solely for emergency |
380 | purposes. The ordinance shall be effective only upon approval by |
381 | the voters in a referendum held solely for purposes of approval |
382 | or rejection of the ordinance. The criteria for determination of |
383 | an emergency shall be as provided by general law; and the |
384 | ordinance, if approved, shall be effective only for the duration |
385 | of the emergency. |
386 | ARTICLE VIII |
387 | LOCAL GOVERNMENT |
388 | SECTION 1. Counties.-- |
389 | (a) POLITICAL SUBDIVISIONS. The state shall be divided by |
390 | law into political subdivisions called counties. Counties may be |
391 | created, abolished or changed by law, with provision for payment |
392 | or apportionment of the public debt. |
393 | (b) COUNTY FUNDS. The care, custody and method of |
394 | disbursing county funds shall be provided by general law. |
395 | (c) GOVERNMENT. Pursuant to general or special law, a |
396 | county government may be established by charter which shall be |
397 | adopted, amended or repealed only upon vote of the electors of |
398 | the county in a special election called for that purpose. |
399 | (d) COUNTY OFFICERS. There shall be elected by the |
400 | electors of each county, for terms of four years, a sheriff, a |
401 | tax collector, a property appraiser, a supervisor of elections, |
402 | and a clerk of the circuit court; except, when provided by |
403 | county charter or special law approved by vote of the electors |
404 | of the county, any county officer may be chosen in another |
405 | manner therein specified, or any county office may be abolished |
406 | when all the duties of the office prescribed by general law are |
407 | transferred to another office. When not otherwise provided by |
408 | county charter or special law approved by vote of the electors, |
409 | the clerk of the circuit court shall be ex officio clerk of the |
410 | board of county commissioners, auditor, recorder and custodian |
411 | of all county funds. |
412 | (e) COMMISSIONERS. Except when otherwise provided by |
413 | county charter, the governing body of each county shall be a |
414 | board of county commissioners composed of five or seven members |
415 | serving staggered terms of four years. After each decennial |
416 | census the board of county commissioners shall divide the county |
417 | into districts of contiguous territory as nearly equal in |
418 | population as practicable. One commissioner residing in each |
419 | district shall be elected as provided by law. |
420 | (f) NON-CHARTER GOVERNMENT. Counties not operating under |
421 | county charters shall have such power of self-government as is |
422 | provided by general or special law. The board of county |
423 | commissioners of a county not operating under a charter may |
424 | enact, in a manner prescribed by general law, county ordinances |
425 | not inconsistent with general or special law, but an ordinance |
426 | in conflict with a municipal ordinance shall not be effective |
427 | within the municipality to the extent of such conflict. |
428 | (g) CHARTER GOVERNMENT. Counties operating under county |
429 | charters shall have all powers of local self-government not |
430 | inconsistent with general law, or with special law approved by |
431 | vote of the electors. The governing body of a county operating |
432 | under a charter may enact county ordinances not inconsistent |
433 | with general law. The charter shall provide which shall prevail |
434 | in the event of conflict between county and municipal |
435 | ordinances. |
436 | (h) TAXES; LIMITATION. Property situate within |
437 | municipalities shall not be subject to taxation for services |
438 | rendered by the county exclusively for the benefit of the |
439 | property or residents in unincorporated areas. |
440 | (h)(i) COUNTY ORDINANCES. Each county ordinance shall be |
441 | filed with the custodian of state records and shall become |
442 | effective at such time thereafter as is provided by general law. |
443 | (i)(j) VIOLATION OF ORDINANCES. Persons violating county |
444 | ordinances shall be prosecuted and punished as provided by law. |
445 | (j)(k) COUNTY SEAT. In every county there shall be a |
446 | county seat at which shall be located the principal offices and |
447 | permanent records of all county officers. The county seat may |
448 | not be moved except as provided by general law. Branch offices |
449 | for the conduct of county business may be established elsewhere |
450 | in the county by resolution of the governing body of the county |
451 | in the manner prescribed by law. No instrument shall be deemed |
452 | recorded until filed at the county seat, or a branch office |
453 | designated by the governing body of the county for the recording |
454 | of instruments, according to law. |
455 | ARTICLE IX |
456 | EDUCATION |
457 | SECTION 4. School districts; school boards.-- |
458 | (a) Each county shall constitute a school district; |
459 | provided, two or more contiguous counties, upon vote of the |
460 | electors of each county pursuant to law, may be combined into |
461 | one school district. In each school district there shall be a |
462 | school board composed of five or more members chosen by vote of |
463 | the electors in a nonpartisan election for appropriately |
464 | staggered terms of four years, as provided by law. |
465 | (b) The school board shall operate, control and supervise |
466 | all free public schools within the school district and determine |
467 | the rate of school district taxes within the limits prescribed |
468 | herein. Two or more school districts may operate and finance |
469 | joint educational programs. |
470 | ARTICLE X |
471 | MISCELLANEOUS |
472 | SECTION 28. Protection of bondholder's rights to |
473 | indebtedness secured by ad valorem tax revenues.--The state |
474 | assumes the responsibility for and guarantees the repayment of |
475 | any indebtedness, existing on March 1, 2007, of any taxing |
476 | authority secured by a pledge of revenues from ad valorem taxes |
477 | imposed on real estate and tangible personal property. |
478 | ARTICLE XII |
479 | SCHEDULE |
480 | SECTION 2. Property taxes; millages.--Tax millages |
481 | authorized in counties, municipalities and special districts, on |
482 | the date this revision becomes effective, may be continued until |
483 | reduced by law. |
484 | SECTION 15. Special district taxes.--Ad valorem taxing |
485 | power vested by law in special districts existing when this |
486 | revision becomes effective shall not be abrogated by Section |
487 | 9(b) of Article VII herein, but such powers, except to the |
488 | extent necessary to pay outstanding debts, may be restricted or |
489 | withdrawn by law. |
490 | SECTION 19. Renewable energy source property.--The |
491 | amendment to Section 3 of Article VII, relating to an exemption |
492 | for a renewable energy source device and real property on which |
493 | such device is installed, if adopted at the special election in |
494 | October 1980, shall take effect January 1, 1981. |
495 | SECTION 22. Historic property exemption and |
496 | assessment.--The amendments to Sections 3 and 4 of Article VII |
497 | relating to ad valorem tax exemption for, and assessment of, |
498 | historic property shall take effect January 1, 1999. |
499 | SECTION 26. Increased homestead exemption.--The amendment |
500 | to Section 6 of Article VII increasing the maximum additional |
501 | amount of the homestead exemption for low-income seniors shall |
502 | take effect January 1, 2007. |
503 | SECTION 27. Real estate and tangible personal property ad |
504 | valorem tax repeal.--This section shall take effect upon |
505 | approval by the electors. The amendments to Sections 1 and 8 of |
506 | Article VII, Section 1 of Article VIII, and Section 4 of Article |
507 | IX, the repeal of Sections 2, 3, 4, 6, 9, and 12 of Article VII |
508 | and Sections 2, 15, 19, 22, and 26 of Article XII, and the |
509 | creation of Section 19 of Article VII and Section 28 of Article |
510 | X of the State Constitution shall take effect January 1 of the |
511 | year following approval by the electors, except that any ad |
512 | valorem tax assessments existing on such date necessary to repay |
513 | any indebtedness secured by a pledge of revenues from ad valorem |
514 | taxes on real estate and tangible personal property are hereby |
515 | preserved. |
516 | BE IT FURTHER RESOLVED that the following statement be |
517 | placed on the ballot: |
518 | CONSTITUTIONAL AMENDMENT |
519 | ARTICLE VII, SECTIONS 1, 2, 3, 4, 6, 8, 9, 12, AND 19; |
520 | ARTICLE VIII, SECTION 1; |
521 | ARTICLE IX, SECTION 4; |
522 | ARTICLE X, SECTION 28; |
523 | ARTICLE XII, SECTIONS 2, 15, 19, 22, 26, AND 27 |
524 | AD VALOREM TAX REPEAL; REVISED STATE SALES TAX, ANNUAL |
525 | ADJUSTMENT, CAP, DISTRIBUTION; BONDED INDEBTEDNESS |
526 | PROTECTION.--Proposing amendments to the State Constitution to |
527 | prohibit ad valorem taxes on real estate and tangible personal |
528 | property and repeal provisions relating to such taxation to |
529 | conform; to provide for revising by general law the state sales |
530 | and use tax rate to generate in the first year after enactment |
531 | revenues equal to the total revenues from the sales and use tax |
532 | and ad valorem taxes in the year preceding enactment, adjust the |
533 | rate each year by the lesser of 3 percent or the percentage |
534 | change in the Consumer Price Index, impose a 10-percent limit on |
535 | the rate, limit sales tax exemptions to food, medicine, and |
536 | clothing costing less than $25, provide for temporary emergency |
537 | local option sales tax increases, and provide for distributing |
538 | revenues to the state, counties, municipalities, and school |
539 | districts; and to provide for state assumption of responsibility |
540 | for, and to guarantee repayment of, existing indebtedness |
541 | secured by a pledge of revenues secured by ad valorem taxes on |
542 | real and tangible personal property. Such provisions shall take |
543 | effect January 1 of the year following approval by the electors, |
544 | except that any ad valorem tax assessments existing on such date |
545 | necessary to repay any indebtedness secured by a pledge of |
546 | revenues from ad valorem taxes on real estate and tangible |
547 | personal property are preserved. |