Florida Senate - 2008 SJR 2190

By Senator Bennett

21-03385-08 20082190__

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Senate Joint Resolution

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A joint resolution proposing an amendment to Section 9 of

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Article VII of the State Constitution to limit the total

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property tax that may be levied on any parcel of real

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property to 1.35 percent of the property's highest taxable

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value, to distribute tax revenues that exceed this cap in

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accordance with general law, and to exempt from this cap

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taxes levied for the payment of bonds and taxes that are

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imposed for a period of 2 years or less.

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Be It Resolved by the Legislature of the State of Florida:

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     That the following amendment to Section 9 of Article VII of

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the State Constitution is agreed to and shall be submitted to the

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electors of this state for approval or rejection at the next

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general election or at an earlier special election specifically

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authorized by law for that purpose:

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ARTICLE VII

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FINANCE AND TAXATION

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     SECTION 9.  Local taxes.-

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     (a)  Counties, school districts, and municipalities shall,

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and special districts may, be authorized by law to levy ad

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valorem taxes and may be authorized by general law to levy other

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taxes, for their respective purposes, except ad valorem taxes on

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intangible personal property and taxes prohibited by this

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constitution.

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     (b)  Ad valorem taxes, exclusive of taxes levied for the

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payment of bonds and taxes levied for periods not longer than two

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years when authorized by vote of the electors who are the owners

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of freeholds therein not wholly exempt from taxation, shall not

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be levied in excess of the following millages upon the assessed

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value of real estate and tangible personal property: for all

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county purposes, ten mills; for all municipal purposes, ten

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mills; for all school purposes, ten mills; for water management

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purposes for the northwest portion of the state lying west of the

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line between ranges two and three east, 0.05 mill; for water

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management purposes for the remaining portions of the state, 1.0

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mill; and for all other special districts a millage authorized by

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law approved by vote of the electors who are owners of freeholds

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therein not wholly exempt from taxation. A county furnishing

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municipal services may, to the extent authorized by law, levy

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additional taxes within the limits fixed for municipal purposes.

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     (c) Notwithstanding any other provision of this

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constitution, the maximum amount of all ad valorem taxes

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collected by counties, school districts, municipalities, and

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special districts on any parcel of real property may not, when

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combined, exceed 1.35 percent of the parcel's highest taxable

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value. The term "taxable value" means the value of real property

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to which millage rates are applied. The distribution of any tax

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revenues derived from parcels for which the combined ad valorem

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tax levies exceed 1.35 percent of the parcel's highest taxable

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value shall be determined by general law. This limitation does

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not apply to ad valorem taxes levied for the payment of bonds

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issued pursuant to Section 12 of this Article or levied for

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periods of 2 years or less when authorized by a vote of the

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electors.

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     BE IT FURTHER RESOLVED that the following statement be

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placed on the ballot:

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CONSTITUTIONAL AMENDMENT

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ARTICLE VII, SECTION 9

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     PROPERTY TAX CAP.--Proposing an amendment to the State

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Constitution to limit the total property tax that may be levied

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on any parcel of real property to 1.35 percent of the property's

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highest taxable value, distribute tax revenues that exceed this

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cap in accordance with general law, and exempt from this cap

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taxes levied for the payment of bonds and taxes that are imposed

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for a period of 2 years or less when authorized by a vote of the

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electors.

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