HJR 1345

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 6 of
3Article VII of the State Constitution to provide an
4additional tax exemption on the first homestead a person
5establishes in this state.
6
7Be It Resolved by the Legislature of the State of Florida:
8
9     That the following amendment to Section 6 of Article VII of
10the State Constitution is agreed to and shall be submitted to
11the electors of this state for approval or rejection at the next
12general election or at an earlier special election specifically
13authorized by law for that purpose:
14
ARTICLE VII
15
FINANCE AND TAXATION
16     SECTION 6.  Homestead exemptions.--
17     (a)  Every person who has the legal or equitable title to
18real estate and maintains thereon the permanent residence of the
19owner, or another legally or naturally dependent upon the owner,
20shall be exempt from taxation thereon, except assessments for
21special benefits, up to the assessed valuation of twenty-five
22thousand dollars and, for all levies other than school district
23levies, on the assessed valuation greater than fifty thousand
24dollars and up to seventy-five thousand dollars, upon
25establishment of right thereto in the manner prescribed by law.  
26The real estate may be held by legal or equitable title, by the
27entireties, jointly, in common, as a condominium, or indirectly
28by stock ownership or membership representing the owner's or
29member's proprietary interest in a corporation owning a fee or a
30leasehold initially in excess of ninety-eight years. The
31exemption shall not apply with respect to any assessment roll
32until such roll is first determined to be in compliance with the
33provisions of section 4 by a state agency designated by general
34law. This exemption is repealed on the effective date of any
35amendment to this Article which provides for the assessment of
36homestead property at less than just value.
37     (b)  Not more than one exemption shall be allowed any
38individual or family unit or with respect to any residential
39unit. No exemption shall exceed the value of the real estate
40assessable to the owner or, in case of ownership through stock
41or membership in a corporation, the value of the proportion
42which the interest in the corporation bears to the assessed
43value of the property.
44     (c)  By general law and subject to conditions specified
45therein, the Legislature may provide to renters, who are
46permanent residents, ad valorem tax relief on all ad valorem tax
47levies. Such ad valorem tax relief shall be in the form and
48amount established by general law.
49     (d)  The legislature may, by general law, allow counties or
50municipalities, for the purpose of their respective tax levies
51and subject to the provisions of general law, to grant an
52additional homestead tax exemption not exceeding fifty thousand
53dollars to any person who has the legal or equitable title to
54real estate and maintains thereon the permanent residence of the
55owner and who has attained age sixty-five and whose household
56income, as defined by general law, does not exceed twenty
57thousand dollars. The general law must allow counties and
58municipalities to grant this additional exemption, within the
59limits prescribed in this subsection, by ordinance adopted in
60the manner prescribed by general law, and must provide for the
61periodic adjustment of the income limitation prescribed in this
62subsection for changes in the cost of living.
63     (e)  Each veteran who is age 65 or older who is partially
64or totally permanently disabled shall receive a discount from
65the amount of the ad valorem tax otherwise owed on homestead
66property the veteran owns and resides in if the disability was
67combat related, the veteran was a resident of this state at the
68time of entering the military service of the United States, and
69the veteran was honorably discharged upon separation from
70military service. The discount shall be in a percentage equal to
71the percentage of the veteran's permanent, service-connected
72disability as determined by the United States Department of
73Veterans Affairs. To qualify for the discount granted by this
74subsection, an applicant must submit to the county property
75appraiser, by March 1, proof of residency at the time of
76entering military service, an official letter from the United
77States Department of Veterans Affairs stating the percentage of
78the veteran's service-connected disability and such evidence
79that reasonably identifies the disability as combat related, and
80a copy of the veteran's honorable discharge. If the property
81appraiser denies the request for a discount, the appraiser must
82notify the applicant in writing of the reasons for the denial,
83and the veteran may reapply. The Legislature may, by general
84law, waive the annual application requirement in subsequent
85years. This subsection shall take effect December 7, 2006, is
86self-executing, and does not require implementing legislation.
87     (f)  Each person who is entitled to the exemption provided
88in this section shall be eligible for an additional homestead
89exemption on the first homestead the person establishes in this
90state upon the establishment of the exemption as prescribed by
91general law. The amount of the additional exemption shall be
92equal to the lesser of 25 percent of the homestead property's
93just value on January 1 of the year in which the homestead
94exemption is established or 25 percent of the median value of
95homesteads in the county in which the homestead is located in
96the year prior to establishing the new homestead. The exemption
97shall be reduced each year by the difference between the
98homestead's just value and assessed value until the value of the
99exemption is reduced to zero.
100     BE IT FURTHER RESOLVED that the following statement be
101placed on the ballot:
102
CONSTITUTIONAL AMENDMENT
103
ARTICLE VII, SECTION 6
104     HOMESTEAD EXEMPTION FOR FIRST-TIME HOMEOWNERS.--Proposing
105an amendment to the State Constitution to provide an additional
106tax exemption on the first homestead a person establishes in
107this state, which is limited to the lesser of 25 percent of the
108just value of the homestead or 25 percent of the median value of
109homesteads in the county where the homestead is located, and
110which shall be reduced each year by the difference between the
111homestead's just value and assessed value until the exemption is
112eliminated.


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