1 | House Joint Resolution |
2 | A joint resolution proposing amendments to Sections 3, 4, |
3 | 6, and 9 of Article VII and Section 1 of Article VIII and |
4 | the creation of Sections 27 and 28 of Article XII of the |
5 | State Constitution, to require an exemption from ad |
6 | valorem taxation for tangible personal property, to |
7 | provide for the transfer of the accrued benefit from the |
8 | limitation on the assessed value of homestead property, to |
9 | provide for assessing rent-restricted affordable housing |
10 | and commercial and public-access waterfront property by |
11 | general law, to limit assessment increases for |
12 | nonhomestead real property, to increase the homestead |
13 | exemption, to create an additional homestead exemption for |
14 | first-time homestead property owners, to provide a |
15 | complete homestead exemption for low-income seniors, to |
16 | require the Legislature to limit county, municipality, and |
17 | special district authority to increase ad valorem taxes, |
18 | to require each county to have an elected property |
19 | appraiser, and to provide an effective date if such |
20 | amendments are adopted. |
21 |
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22 | Be It Resolved by the Legislature of the State of Florida: |
23 |
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24 | That the following amendments to Sections 3, 4, 6, and 9 of |
25 | Article VII and Section 1 of Article VIII and the creation of |
26 | Sections 27 and 28 of Article XII of the State Constitution are |
27 | agreed to and shall be submitted to the electors of this state |
28 | for approval or rejection at the next general election or at an |
29 | earlier special election specifically authorized by law for that |
30 | purpose: |
31 | ARTICLE VII |
32 | FINANCE AND TAXATION |
33 | SECTION 3. Taxes; exemptions.-- |
34 | (a) All property owned by a municipality and used |
35 | exclusively by it for municipal or public purposes shall be |
36 | exempt from taxation. A municipality, owning property outside |
37 | the municipality, may be required by general law to make payment |
38 | to the taxing unit in which the property is located. Such |
39 | portions of property as are used predominantly for educational, |
40 | literary, scientific, religious or charitable purposes may be |
41 | exempted by general law from taxation. |
42 | (b) There shall be exempt from taxation, cumulatively, to |
43 | every head of a family residing in this state, household goods |
44 | and personal effects to the value fixed by general law, not less |
45 | than one thousand dollars, and to every widow or widower or |
46 | person who is blind or totally and permanently disabled, |
47 | property to the value fixed by general law not less than five |
48 | hundred dollars. |
49 | (c) Any county or municipality may, for the purpose of its |
50 | respective tax levy and subject to the provisions of this |
51 | subsection and general law, grant community and economic |
52 | development ad valorem tax exemptions to new businesses and |
53 | expansions of existing businesses, as defined by general law. |
54 | Such an exemption may be granted only by ordinance of the county |
55 | or municipality, and only after the electors of the county or |
56 | municipality voting on such question in a referendum authorize |
57 | the county or municipality to adopt such ordinances. An |
58 | exemption so granted shall apply to improvements to real |
59 | property made by or for the use of a new business and |
60 | improvements to real property related to the expansion of an |
61 | existing business and shall also apply to tangible personal |
62 | property of such new business and tangible personal property |
63 | related to the expansion of an existing business. The amount or |
64 | limits of the amount of such exemption shall be specified by |
65 | general law. The period of time for which such exemption may be |
66 | granted to a new business or expansion of an existing business |
67 | shall be determined by general law. The authority to grant such |
68 | exemption shall expire ten years from the date of approval by |
69 | the electors of the county or municipality, and may be renewable |
70 | by referendum as provided by general law. |
71 | (d) By general law and subject to conditions specified |
72 | therein, there may be granted an ad valorem tax exemption to a |
73 | renewable energy source device and to real property on which |
74 | such device is installed and operated, to the value fixed by |
75 | general law not to exceed the original cost of the device, and |
76 | for the period of time fixed by general law not to exceed ten |
77 | years. |
78 | (e) Any county or municipality may, for the purpose of its |
79 | respective tax levy and subject to the provisions of this |
80 | subsection and general law, grant historic preservation ad |
81 | valorem tax exemptions to owners of historic properties. This |
82 | exemption may be granted only by ordinance of the county or |
83 | municipality. The amount or limits of the amount of this |
84 | exemption and the requirements for eligible properties must be |
85 | specified by general law. The period of time for which this |
86 | exemption may be granted to a property owner shall be determined |
87 | by general law. |
88 | (f) By general law and subject to conditions specified |
89 | therein, twenty-five thousand dollars of the assessed value of |
90 | property subject to tangible personal property tax shall be |
91 | exempt from ad valorem taxation. |
92 | SECTION 4. Taxation; assessments.--By general law |
93 | regulations shall be prescribed which shall secure a just |
94 | valuation of all property for ad valorem taxation, provided: |
95 | (a) Agricultural land, land producing high water recharge |
96 | to Florida's aquifers, or land used exclusively for |
97 | noncommercial recreational purposes may be classified by general |
98 | law and assessed solely on the basis of character or use. |
99 | (b) Pursuant to general law tangible personal property |
100 | held for sale as stock in trade and livestock may be valued for |
101 | taxation at a specified percentage of its value, may be |
102 | classified for tax purposes, or may be exempted from taxation. |
103 | (c) All persons entitled to a homestead exemption under |
104 | Section 6 of this Article shall have their homestead assessed at |
105 | just value as of January 1 of the year following the effective |
106 | date of this amendment. This assessment shall change only as |
107 | provided herein. |
108 | (1) Assessments subject to this provision shall be changed |
109 | annually on January 1st of each year; but those changes in |
110 | assessments shall not exceed the lower of the following: |
111 | a. Three percent (3%) of the assessment for the prior |
112 | year. |
113 | b. The percent change in the Consumer Price Index for all |
114 | urban consumers, U.S. City Average, all items 1967=100, or |
115 | successor reports for the preceding calendar year as initially |
116 | reported by the United States Department of Labor, Bureau of |
117 | Labor Statistics. |
118 | (2) No assessment shall exceed just value. |
119 | (3) After any change of ownership, as provided by general |
120 | law, homestead property shall be assessed at just value as of |
121 | January 1 of the following year, unless the provisions of |
122 | paragraph (8) apply. Thereafter, the homestead shall be assessed |
123 | as provided herein. |
124 | (4) New homestead property shall be assessed at just value |
125 | as of January 1st of the year following the establishment of the |
126 | homestead, unless the provisions of paragraph (8) apply. That |
127 | assessment shall only change as provided herein. |
128 | (5) Changes, additions, reductions, or improvements to |
129 | homestead property shall be assessed as provided for by general |
130 | law; provided, however, after the adjustment for any change, |
131 | addition, reduction, or improvement, the property shall be |
132 | assessed as provided herein. |
133 | (6) In the event of a termination of homestead status, the |
134 | property shall be assessed as provided by general law. |
135 | (7) The provisions of this amendment are severable. If any |
136 | of the provisions of this amendment shall be held |
137 | unconstitutional by any court of competent jurisdiction, the |
138 | decision of such court shall not affect or impair any remaining |
139 | provisions of this amendment. |
140 | (8)a. For all levies other than school district levies, a |
141 | person who establishes a new homestead as of January 1, 2009, or |
142 | January 1 of any subsequent year and who has received a |
143 | homestead exemption pursuant to Section 6 of this Article as of |
144 | January 1 of either of the two years immediately preceding the |
145 | establishment of the new homestead is entitled to have the new |
146 | homestead assessed at less than just value. A person who |
147 | establishes a new homestead as of January 1, 2008, is entitled |
148 | to have the new homestead assessed at less than just value only |
149 | if that person received a homestead exemption on January 1, |
150 | 2007. The assessed value of the newly established homestead |
151 | shall be determined as follows: |
152 | 1. If the just value of the new homestead is greater than |
153 | or equal to the just value of the prior homestead of the person |
154 | establishing the new homestead as of January 1 of the year in |
155 | which the prior homestead was abandoned, the assessed value of |
156 | the new homestead shall be the just value of the new homestead |
157 | minus an amount equal to the lesser of $1 million or the |
158 | difference between the just value and the assessed value of the |
159 | prior homestead as of January 1 of the year in which the prior |
160 | homestead was abandoned. Thereafter, the homestead shall be |
161 | assessed as provided herein. |
162 | 2. If the just value of the new homestead is less than the |
163 | just value of the prior homestead of the person establishing the |
164 | new homestead as of January 1 of the year in which the prior |
165 | homestead was abandoned, the assessed value of the new homestead |
166 | shall be equal to the just value of the new homestead divided by |
167 | the just value of the prior homestead and multiplied by the |
168 | assessed value of the prior homestead. However, if the |
169 | difference between the just value of the new homestead and the |
170 | assessed value of the new homestead calculated pursuant to this |
171 | sub-subparagraph is greater than $1 million, the assessed value |
172 | of the new homestead shall be increased so that the difference |
173 | between the just value and the assessed value equals $1 million. |
174 | Thereafter, the homestead shall be assessed as provided herein. |
175 | b. By general law and subject to conditions specified |
176 | therein, the legislature shall provide for application of this |
177 | paragraph to property owned by more than one person. |
178 | (d) The legislature may, by general law, for assessment |
179 | purposes and subject to the provisions of this subsection, allow |
180 | counties and municipalities to authorize by ordinance that |
181 | historic property may be assessed solely on the basis of |
182 | character or use. Such character or use assessment shall apply |
183 | only to the jurisdiction adopting the ordinance. The |
184 | requirements for eligible properties must be specified by |
185 | general law. |
186 | (e) A county may, in the manner prescribed by general law, |
187 | provide for a reduction in the assessed value of homestead |
188 | property to the extent of any increase in the assessed value of |
189 | that property which results from the construction or |
190 | reconstruction of the property for the purpose of providing |
191 | living quarters for one or more natural or adoptive grandparents |
192 | or parents of the owner of the property or of the owner's spouse |
193 | if at least one of the grandparents or parents for whom the |
194 | living quarters are provided is 62 years of age or older. Such a |
195 | reduction may not exceed the lesser of the following: |
196 | (1) The increase in assessed value resulting from |
197 | construction or reconstruction of the property. |
198 | (2) Twenty percent of the total assessed value of the |
199 | property as improved. |
200 | (f) As defined by general law, real property that is used |
201 | to provide affordable housing and is subject to rent |
202 | restrictions imposed by a governmental agency may be assessed as |
203 | provided by general law, subject to conditions or limitations |
204 | specified therein. This subsection shall apply to all levies |
205 | other than school district levies. |
206 | (g) As defined by general law, land that is used |
207 | exclusively for commercial fishing purposes or that is open to |
208 | the public and used predominantly for commercial water-dependent |
209 | activities or for public access to waters that are navigable may |
210 | be assessed as provided by general law, subject to conditions or |
211 | limitations specified therein. For purposes of this paragraph, |
212 | the term "water-dependent activity" means any activity that can |
213 | be conducted only on, in, over, or adjacent to waters that are |
214 | navigable and that requires direct access to water and involves |
215 | the use of water as an integral part of such activity. This |
216 | subsection shall apply to all levies other than school district |
217 | levies. |
218 | (h) Increases in assessments each year for all property |
219 | other than property entitled to the assessment increase |
220 | limitations provided in this section shall not exceed the |
221 | limitations specified in paragraph (1) of subsection (c) of this |
222 | section. |
223 | SECTION 6. Homestead exemptions.-- |
224 | (a) Every person who has the legal or equitable title to |
225 | real estate and maintains thereon the permanent residence of the |
226 | owner, or another legally or naturally dependent upon the owner, |
227 | shall be exempt from taxation thereon, except assessments for |
228 | special benefits, up to the assessed valuation of twenty-five |
229 | five thousand dollars and, for all levies other than school |
230 | district levies, on the assessed valuation greater than fifty |
231 | thousand dollars and up to seventy-five thousand dollars, upon |
232 | establishment of right thereto in the manner prescribed by law. |
233 | The real estate may be held by legal or equitable title, by the |
234 | entireties, jointly, in common, as a condominium, or indirectly |
235 | by stock ownership or membership representing the owner's or |
236 | member's proprietary interest in a corporation owning a fee or a |
237 | leasehold initially in excess of ninety-eight years. The |
238 | exemption shall not apply with respect to any assessment roll |
239 | until such roll is first determined to be in compliance with the |
240 | provisions of Section 4 of this Article by a state agency |
241 | designated by general law. This exemption is repealed on the |
242 | effective date of any amendment to Section 4 of this Article |
243 | that provides for the assessment of homestead property at less |
244 | than just value. |
245 | (b) Not more than one exemption shall be allowed any |
246 | individual or family unit or with respect to any residential |
247 | unit. No exemption shall exceed the value of the real estate |
248 | assessable to the owner or, in case of ownership through stock |
249 | or membership in a corporation, the value of the proportion |
250 | which the interest in the corporation bears to the assessed |
251 | value of the property. |
252 | (c) As provided by general law and subject to conditions |
253 | specified therein, each person who establishes the right to |
254 | receive the homestead exemption provided in subsection (a) |
255 | within one year after purchasing the homestead property and who |
256 | had not previously owned property receiving the homestead |
257 | exemption provided in subsection (a) is entitled to an |
258 | additional homestead exemption in an amount equal to twenty-five |
259 | percent of the homestead property's just value on January 1 of |
260 | the year the homestead exemption is established, not to exceed |
261 | twenty-five percent of the median just value of homesteads in |
262 | the county in which the homestead is located in the year prior |
263 | to establishing the new homestead. This exemption is not |
264 | available if any owner of the property has previously owned |
265 | property that received the homestead exemption provided in |
266 | subsection (a). The additional homestead exemption shall be |
267 | reduced each year by the difference between the homestead's just |
268 | value and assessed value as determined under subsection (c) of |
269 | Section 4 of this Article until the value of the exemption is |
270 | reduced to zero. The exemption provided under this subsection |
271 | shall apply to all levies other than school district levies. |
272 | (c) By general law and subject to conditions specified |
273 | therein, the exemption shall be increased to a total of twenty- |
274 | five thousand dollars of the assessed value of the real estate |
275 | for each school district levy. By general law and subject to |
276 | conditions specified therein, the exemption for all other levies |
277 | may be increased up to an amount not exceeding ten thousand |
278 | dollars of the assessed value of the real estate if the owner |
279 | has attained age sixty-five or is totally and permanently |
280 | disabled and if the owner is not entitled to the exemption |
281 | provided in subsection (d). |
282 | (d) By general law and subject to conditions specified |
283 | therein, the exemption shall be increased to a total of the |
284 | following amounts of assessed value of real estate for each levy |
285 | other than those of school districts: fifteen thousand dollars |
286 | with respect to 1980 assessments; twenty thousand dollars with |
287 | respect to 1981 assessments; twenty-five thousand dollars with |
288 | respect to assessments for 1982 and each year thereafter. |
289 | However, such increase shall not apply with respect to any |
290 | assessment roll until such roll is first determined to be in |
291 | compliance with the provisions of section 4 by a state agency |
292 | designated by general law. This subsection shall stand repealed |
293 | on the effective date of any amendment to section 4 which |
294 | provides for the assessment of homestead property at a specified |
295 | percentage of its just value. |
296 | (d)(e) By general law and subject to conditions specified |
297 | therein, the Legislature may provide to renters, who are |
298 | permanent residents, ad valorem tax relief on all ad valorem tax |
299 | levies. Such ad valorem tax relief shall be in the form and |
300 | amount established by general law. |
301 | (e)(f) The legislature may, by general law, allow counties |
302 | or municipalities, for the purpose of their respective tax |
303 | levies and subject to the provisions of general law, to grant an |
304 | additional homestead tax exemption not exceeding fifty thousand |
305 | dollars to any person who has the legal or equitable title to |
306 | real estate and maintains thereon the permanent residence of the |
307 | owner and who has attained age sixty-five and whose household |
308 | income, as defined by general law, does not exceed twenty |
309 | thousand dollars. The general law must allow counties and |
310 | municipalities to grant this additional exemption, within the |
311 | limits prescribed in this subsection, by ordinance adopted in |
312 | the manner prescribed by general law, and must provide for the |
313 | periodic adjustment of the income limitation prescribed in this |
314 | subsection for changes in the cost of living. |
315 | (f)(g) Each veteran who is age 65 or older who is |
316 | partially or totally permanently disabled shall receive a |
317 | discount from the amount of the ad valorem tax otherwise owed on |
318 | homestead property the veteran owns and resides in if the |
319 | disability was combat related, the veteran was a resident of |
320 | this state at the time of entering the military service of the |
321 | United States, and the veteran was honorably discharged upon |
322 | separation from military service. The discount shall be in a |
323 | percentage equal to the percentage of the veteran's permanent, |
324 | service-connected disability as determined by the United States |
325 | Department of Veterans Affairs. To qualify for the discount |
326 | granted by this subsection, an applicant must submit to the |
327 | county property appraiser, by March 1, proof of residency at the |
328 | time of entering military service, an official letter from the |
329 | United States Department of Veterans Affairs stating the |
330 | percentage of the veteran's service-connected disability and |
331 | such evidence that reasonably identifies the disability as |
332 | combat related, and a copy of the veteran's honorable discharge. |
333 | If the property appraiser denies the request for a discount, the |
334 | appraiser must notify the applicant in writing of the reasons |
335 | for the denial, and the veteran may reapply. The Legislature |
336 | may, by general law, waive the annual application requirement in |
337 | subsequent years. This subsection shall take effect December 7, |
338 | 2006, is self-executing, and does not require implementing |
339 | legislation. |
340 | (g) Real property owned and used as a homestead by a |
341 | person who has attained age sixty-five and whose household |
342 | income, as defined by general law, does not exceed $23,604 is |
343 | exempt from ad valorem taxation. The legislature shall provide |
344 | for an annual adjustment of the income limitation prescribed in |
345 | this subsection for changes in the cost of living and may |
346 | provide additional financial eligibility requirements or other |
347 | eligibility requirements. |
348 | SECTION 9. Local taxes.-- |
349 | (a) Counties, school districts, and municipalities shall, |
350 | and special districts may, be authorized by law to levy ad |
351 | valorem taxes and may be authorized by general law to levy other |
352 | taxes, for their respective purposes, except ad valorem taxes on |
353 | intangible personal property and taxes prohibited by this |
354 | constitution. |
355 | (b) Ad valorem taxes, exclusive of taxes levied for the |
356 | payment of bonds and taxes levied for periods not longer than |
357 | two years when authorized by vote of the electors who are the |
358 | owners of freeholds therein not wholly exempt from taxation, |
359 | shall not be levied in excess of the following millages upon the |
360 | assessed value of real estate and tangible personal property: |
361 | for all county purposes, ten mills; for all municipal purposes, |
362 | ten mills; for all school purposes, ten mills; for water |
363 | management purposes for the northwest portion of the state lying |
364 | west of the line between ranges two and three east, 0.05 mill; |
365 | for water management purposes for the remaining portions of the |
366 | state, 1.0 mill; and for all other special districts a millage |
367 | authorized by law approved by vote of the electors who are |
368 | owners of freeholds therein not wholly exempt from taxation. A |
369 | county furnishing municipal services may, to the extent |
370 | authorized by law, levy additional taxes within the limits fixed |
371 | for municipal purposes. |
372 | (c) By general law, the legislature shall limit the |
373 | authority of counties, municipalities, and special districts to |
374 | increase ad valorem taxes. |
375 | ARTICLE VIII |
376 | LOCAL GOVERNMENT |
377 | SECTION 1. Counties.-- |
378 | (a) POLITICAL SUBDIVISIONS. The state shall be divided by |
379 | law into political subdivisions called counties. Counties may be |
380 | created, abolished or changed by law, with provision for payment |
381 | or apportionment of the public debt. |
382 | (b) COUNTY FUNDS. The care, custody and method of |
383 | disbursing county funds shall be provided by general law. |
384 | (c) GOVERNMENT. Pursuant to general or special law, a |
385 | county government may be established by charter which shall be |
386 | adopted, amended or repealed only upon vote of the electors of |
387 | the county in a special election called for that purpose. |
388 | (d) COUNTY OFFICERS. There shall be elected by the |
389 | electors of each county, for terms of four years, a sheriff, a |
390 | tax collector, a property appraiser, a supervisor of elections, |
391 | and a clerk of the circuit court; except, when provided by |
392 | county charter or special law approved by vote of the electors |
393 | of the county, any county officer other than a property |
394 | appraiser may be chosen in another manner therein specified, or |
395 | any county office other than the office of property appraiser |
396 | may be abolished when all the duties of the office prescribed by |
397 | general law are transferred to another office. When not |
398 | otherwise provided by county charter or special law approved by |
399 | vote of the electors, the clerk of the circuit court shall be ex |
400 | officio clerk of the board of county commissioners, auditor, |
401 | recorder and custodian of all county funds. |
402 | (e) COMMISSIONERS. Except when otherwise provided by |
403 | county charter, the governing body of each county shall be a |
404 | board of county commissioners composed of five or seven members |
405 | serving staggered terms of four years. After each decennial |
406 | census the board of county commissioners shall divide the county |
407 | into districts of contiguous territory as nearly equal in |
408 | population as practicable. One commissioner residing in each |
409 | district shall be elected as provided by law. |
410 | (f) NON-CHARTER GOVERNMENT. Counties not operating under |
411 | county charters shall have such power of self-government as is |
412 | provided by general or special law. The board of county |
413 | commissioners of a county not operating under a charter may |
414 | enact, in a manner prescribed by general law, county ordinances |
415 | not inconsistent with general or special law, but an ordinance |
416 | in conflict with a municipal ordinance shall not be effective |
417 | within the municipality to the extent of such conflict. |
418 | (g) CHARTER GOVERNMENT. Counties operating under county |
419 | charters shall have all powers of local self-government not |
420 | inconsistent with general law, or with special law approved by |
421 | vote of the electors. The governing body of a county operating |
422 | under a charter may enact county ordinances not inconsistent |
423 | with general law. The charter shall provide which shall prevail |
424 | in the event of conflict between county and municipal |
425 | ordinances. |
426 | (h) TAXES; LIMITATION. Property situate within |
427 | municipalities shall not be subject to taxation for services |
428 | rendered by the county exclusively for the benefit of the |
429 | property or residents in unincorporated areas. |
430 | (i) COUNTY ORDINANCES. Each county ordinance shall be |
431 | filed with the custodian of state records and shall become |
432 | effective at such time thereafter as is provided by general law. |
433 | (j) VIOLATION OF ORDINANCES. Persons violating county |
434 | ordinances shall be prosecuted and punished as provided by law. |
435 | (k) COUNTY SEAT. In every county there shall be a county |
436 | seat at which shall be located the principal offices and |
437 | permanent records of all county officers. The county seat may |
438 | not be moved except as provided by general law. Branch offices |
439 | for the conduct of county business may be established elsewhere |
440 | in the county by resolution of the governing body of the county |
441 | in the manner prescribed by law. No instrument shall be deemed |
442 | recorded until filed at the county seat, or a branch office |
443 | designated by the governing body of the county for the recording |
444 | of instruments, according to law. |
445 | ARTICLE XII |
446 | SCHEDULE |
447 | SECTION 27. Elected property appraisers; application.--The |
448 | requirement in Section 1(d) of Article VIII for a property |
449 | appraiser to be elected by the electors of the county shall |
450 | apply in each county, including each charter county, regardless |
451 | of whether the charter was adopted pursuant to Section 1(g) of |
452 | Article VIII or pursuant to Section 9, Section 10, Section 11, |
453 | or Section 24 of Article VIII of the Constitution of 1885, as |
454 | amended and incorporated by reference in Section 6(e) of Article |
455 | VIII. Any county that does not have an elected property |
456 | appraiser on the effective date of the amendment to Section 1 of |
457 | Article VIII of this constitution shall provide for electing a |
458 | property appraiser at the next general election as provided by |
459 | general law. |
460 | SECTION 28. Property tax exemptions and ad valorem tax |
461 | limitations.--The amendments to Sections 3, 4, 6, and 9 of |
462 | Article VII, providing a $25,000 exemption from ad valorem |
463 | taxation for tangible personal property, providing an additional |
464 | $25,000 homestead exemption, authorizing the transfer of the |
465 | accrued benefit from the limitation on the assessment of |
466 | homestead property, providing an additional homestead exemption |
467 | for first-time homestead property owners, providing a complete |
468 | homestead exemption for low-income seniors, providing for |
469 | assessing rent-restricted affordable housing and commercial and |
470 | public-access waterfront property pursuant to general law, |
471 | limiting annual increases in assessments of nonhomestead real |
472 | property, and requiring the legislature to limit the authority |
473 | of counties, municipalities, and special districts to increase |
474 | ad valorem taxes; the amendment to Section 1 of Article VIII, |
475 | requiring property appraisers to be elected; and the creation of |
476 | Section 27 of this Article, providing for election of county |
477 | property appraisers, and this section, if submitted to the |
478 | electors of this state for approval or rejection at a special |
479 | election authorized by law to be held on January 29, 2008, shall |
480 | take effect upon approval by the electors and shall operate |
481 | retroactively to January 1, 2008, or, if submitted to the |
482 | electors of this state for approval or rejection at the next |
483 | general election, shall take effect January 1 of the year |
484 | following such general election. |
485 | BE IT FURTHER RESOLVED that the following statement be |
486 | placed on the ballot: |
487 | CONSTITUTIONAL AMENDMENTS |
488 | ARTICLE VII, SECTIONS 3, 4, 6, AND 9 |
489 | ARTICLE VIII, SECTION 1 |
490 | ARTICLE XII, SECTIONS 27 AND 28 |
491 | PROPERTY TAX EXEMPTIONS; LIMITATIONS ON AD VALOREM TAX |
492 | INCREASES; ELECTED PROPERTY APPRAISERS.--This revision proposes |
493 | changes to the State Constitution relating to ad valorem |
494 | taxation and elected property appraisers. With respect to |
495 | homestead property, this revision 1) adds an additional |
496 | homestead exemption for most homestead owners, 2) exempts |
497 | certain low-income seniors from ad valorem tax on their |
498 | homesteads, 3) provides an additional homestead exemption that |
499 | diminishes over time for first-time Florida homebuyers, and 4) |
500 | provides for the transfer of accumulated Save Our Homes |
501 | benefits. With respect to non-homestead property, this revision |
502 | allows the Legislature to limit ad valorem assessments on 5) |
503 | affordable housing and 6) on working waterfronts under specific |
504 | circumstances, 7) provides a $25,000 exemption for tangible |
505 | personal property, and 8) limits annual increases in assessments |
506 | of nonhomestead real property. Further, this revision 9) |
507 | requires the Legislature to limit the authority of local |
508 | governments other than school districts to increase property |
509 | taxes, and 10) requires all county property appraisers to be |
510 | elected. |
511 | In more detail, this revision: |
512 | 1. Increases the homestead exemption by providing an |
513 | additional $25,000 homestead exemption for the portion of the |
514 | assessed value above $50,000 up to $75,000. This exemption does |
515 | not apply to school taxes. |
516 | 2. Exempts certain low-income seniors from ad valorem tax |
517 | on their homes. Persons 65 or older whose household income is |
518 | less than $23,604, adjusted annually for inflation, will be |
519 | totally exempt from ad valorem taxes, including school taxes, on |
520 | their homestead property. |
521 | 3. Provides an increased exemption for first-time Florida |
522 | homebuyers beginning in 2008. First-time homebuyers in Florida |
523 | who qualify for homestead exemption will be eligible for an |
524 | additional exemption equal to 25 percent of the assessed value |
525 | of their new home, not to exceed 25 percent of the county median |
526 | homestead just value for the prior year. The amount of the |
527 | exemption will decrease each year by the amount of the home's |
528 | Save Our Homes benefit. When the amount of the home's Save Our |
529 | Homes benefit meets or exceeds this exemption, the exemption is |
530 | lost. This exemption also is available to 2007 first-time |
531 | homebuyers who qualify for homestead exemption January 1, 2008. |
532 | This exemption does not apply to school taxes. |
533 | 4. Provides for the transfer of accumulated Save Our Homes |
534 | benefits. Homestead property owners will be able to transfer |
535 | their Save Our Homes benefit to a new homestead within two years |
536 | of relinquishing their previous homestead exemption; except, if |
537 | the new homestead is established on January 1, 2008, the |
538 | previous homestead must have been relinquished in 2007. If the |
539 | new homestead has a higher just value than the old one, the |
540 | entire benefit can be transferred; if the new homestead has a |
541 | lower just value, the amount of benefit transferred will be |
542 | reduced in proportion of the just value of the new homestead to |
543 | the just value of the old homestead. The transferred benefit may |
544 | not exceed $1 million. This provision does not apply to school |
545 | taxes. |
546 | 5. Provides for assessing certain rent-restricted |
547 | affordable housing property as provided by general law. This |
548 | provision will not apply to school taxes. |
549 | 6. Provides for assessing certain waterfront property used |
550 | for commercial fishing, commercial water-dependent activities, |
551 | and public access as provided by general law. This provision |
552 | will not apply to school taxes. |
553 | 7. Limits increases in assessments each year for all |
554 | property other than homestead property to the lower of 3 percent |
555 | or the percentage change in the Consumer Price Index. |
556 | 8. Authorizes an exemption from ad valorem taxes of |
557 | $25,000 of assessed value of tangible personal property. This |
558 | provision applies to all tax levies. |
559 | 9. Requires the Legislature to limit the authority of |
560 | counties, municipalities, and special districts to increase ad |
561 | valorem taxes. |
562 | 10. Requires each county to have an elected property |
563 | appraiser as a county officer and eliminates the option for |
564 | choosing a property appraiser in any other manner as provided by |
565 | county charter or special law approved by vote of the electors |
566 | of the county and the option of abolishing the office of the |
567 | property appraiser when all the duties of the office prescribed |
568 | by general law are transferred to another office. Provides that |
569 | the requirement for a property appraiser elected by the electors |
570 | of the county shall apply in each county without exception, |
571 | including each charter county, regardless of the authority under |
572 | which the charter was adopted. It further provides for |
573 | application of the elected property appraiser requirement to |
574 | counties, and charter counties notwithstanding constitutional |
575 | grants of authority to charter counties, and requires such |
576 | counties to provide for electing a property appraiser as |
577 | provided by general law. |
578 | Further, this revision: |
579 | A. Repeals obsolete language on the homestead exemption |
580 | when it was less than $25,000 and did not apply uniformly to |
581 | property taxes levied by all local governments. |
582 | B. Moves two current provisions, related to the homestead |
583 | exemption, and makes them applicable to the increased homestead |
584 | exemption. |
585 | C. Schedules the changes to take effect upon approval by |
586 | the voters and operate retroactively to January 1, 2008, if |
587 | approved in a special election held on January 29, 2008, or to |
588 | take effect January 1, 2009, if approved in the general election |
589 | held in November of 2008. |