CS/HJR 421

1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 6 of
3	Article VII and the creation of Section 28 of Article XII
4	of the State Constitution to provide for an additional
5	homestead exemption and provide an effective date if such
6	amendment is adopted.
7
8	Be It Resolved by the Legislature of the State of Florida:
9
10	That the following amendment to Section 6 of Article VII
11	and the creation of Section 28 of Article XII of the State
12	Constitution are agreed to and shall be submitted to the
13	electors of this state for approval or rejection at the next
14	general election:
15	ARTICLE VII
16	FINANCE AND TAXATION
17	SECTION 6.  Homestead exemptions.--
18	(a)(1)  Every person who has the legal or equitable title
19	to real estate and maintains thereon the permanent residence of
20	the owner, or another legally or naturally dependent upon the
21	owner, shall be exempt from taxation thereon, except assessments
22	for special benefits, up to the assessed valuation of twenty-
23	five thousand dollars and, for all levies other than school
24	district levies, on the assessed valuation greater than fifty
25	thousand dollars and up to seventy-five thousand dollars, upon
26	establishment of right thereto in the manner prescribed by law.
27	(2)  The real estate may be held by legal or equitable
28	title, by the entireties, jointly, in common, as a condominium,
29	or indirectly by stock ownership or membership representing the
30	owner's or member's proprietary interest in a corporation owning
31	a fee or a leasehold initially in excess of ninety-eight years.
32	The exemption shall not apply with respect to any assessment
33	roll until such roll is first determined to be in compliance
34	with the provisions of section 4 by a state agency designated by
35	general law. This exemption is repealed on the effective date of
36	any amendment to this Article which provides for the assessment
37	of homestead property at less than just value.
38	(b)  Not more than one exemption shall be allowed any
39	individual or family unit or with respect to any residential
40	unit. No exemption shall exceed the value of the real estate
41	assessable to the owner or, in case of ownership through stock
42	or membership in a corporation, the value of the proportion
43	which the interest in the corporation bears to the assessed
44	value of the property.
45	(c)  By general law and subject to conditions specified
46	therein, each person who is entitled to receive the homestead
47	exemption provided in subsection (a) is also entitled to an
48	additional homestead exemption in an amount equal to forty
49	percent (40%) of the just value of the homestead between
50	seventy-five thousand dollars and five hundred thousand dollars.
51	The additional exemption shall apply only after the first
52	seventy-five thousand dollars of just value of the homestead
53	property. However, in any year, such person shall receive only
54	the exemption provided in this subsection or the application of
55	the cumulative assessment limitation calculated pursuant to
56	subsection (c) of Section 4, whichever provides the lower
57	taxable value. The exemption shall not apply with respect to any
58	assessment roll until such roll is first determined to be in
59	compliance with the provisions of Section 4 by the state agency
60	designated by general law. This exemption is repealed on the
61	effective date of any future amendment to this constitution
62	which provides for the assessment of homestead property at less
63	than just value.
64	(d)(c)  By general law and subject to conditions specified
65	therein, the Legislature may provide to renters, who are
66	permanent residents, ad valorem tax relief on all ad valorem tax
67	levies. Such ad valorem tax relief shall be in the form and
68	amount established by general law.
69	(e)(d)  The legislature may, by general law, allow counties
70	or municipalities, for the purpose of their respective tax
71	levies and subject to the provisions of general law, to grant an
72	additional homestead tax exemption not exceeding fifty thousand
73	dollars to any person who has the legal or equitable title to
74	real estate and maintains thereon the permanent residence of the
75	owner and who has attained age sixty-five and whose household
76	income, as defined by general law, does not exceed twenty
77	thousand dollars. The general law must allow counties and
78	municipalities to grant this additional exemption, within the
79	limits prescribed in this subsection, by ordinance adopted in
80	the manner prescribed by general law, and must provide for the
81	periodic adjustment of the income limitation prescribed in this
82	subsection for changes in the cost of living.
83	(f)(e)  Each veteran who is age 65 or older who is
84	partially or totally permanently disabled shall receive a
85	discount from the amount of the ad valorem tax otherwise owed on
86	homestead property the veteran owns and resides in if the
87	disability was combat related, the veteran was a resident of
88	this state at the time of entering the military service of the
89	United States, and the veteran was honorably discharged upon
90	separation from military service. The discount shall be in a
91	percentage equal to the percentage of the veteran's permanent,
92	service-connected disability as determined by the United States
93	Department of Veterans Affairs. To qualify for the discount
94	granted by this subsection, an applicant must submit to the
95	county property appraiser, by March 1, proof of residency at the
96	time of entering military service, an official letter from the
97	United States Department of Veterans Affairs stating the
98	percentage of the veteran's service-connected disability and
99	such evidence that reasonably identifies the disability as
100	combat related, and a copy of the veteran's honorable discharge.
101	If the property appraiser denies the request for a discount, the
102	appraiser must notify the applicant in writing of the reasons
103	for the denial, and the veteran may reapply. The Legislature
104	may, by general law, waive the annual application requirement in
105	subsequent years. This subsection shall take effect December 7,
106	2006, is self-executing, and does not require implementing
107	legislation.
108	ARTICLE XII
109	SCHEDULE
110	SECTION 28.  Property tax exemptions and ad valorem tax
111	limitations.--The amendment to Section 6 of Article VII,
112	providing an additional homestead exemption equal to the greater
113	of forty percent of the homestead's just valuation between
114	seventy-five thousand and five hundred thousand dollars or the
115	accumulated benefit from the limitation on annual increases in
116	assessments of homestead property, and this section, if
117	submitted to the electors of this state for approval or
118	rejection at the next general election, shall take effect
119	January 1 of the year following such general election.
120	BE IT FURTHER RESOLVED that the following statement be
121	placed on the ballot:
122	CONSTITUTIONAL AMENDMENT
123	ARTICLE VII, SECTION 6
124	ARTICLE XII, SECTION 28
125	ADDITIONAL HOMESTEAD EXEMPTION.--Proposing an amendment to
126	the State Constitution to provide for an additional homestead
127	exemption equal to the greater of 40 percent of the just value
128	of the homestead property between $75,000 and $500,000 or the
129	accumulated benefit provided under Save Our Homes, and providing
130	that the amendment shall take effect January 1 of the year
131	following the general election at which approved.

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