Florida Senate - 2009 CS for CS for SJR 1302 By the Policy and Steering Committee on Ways and Means; the Committee on Finance and Tax; and Senators Gardiner, Deutch, Baker, and Gaetz 576-05872-09 20091302c2 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to Section 3 3 of Article VII and the creation of a new section in 4 Article XII of the State Constitution to provide an 5 additional property tax exemption for members of the 6 military who receive a homestead exemption and who 7 were deployed outside the United States during the 8 preceding year. 9 10 Be It Resolved by the Legislature of the State of Florida: 11 12 That the following amendment to Section 3 of Article VII 13 and the creation of a new section in Article XII of the State 14 Constitution are agreed to and shall be submitted to the 15 electors of this state for approval or rejection at the next 16 general election or at an earlier special election specifically 17 authorized by law for that purpose: 18 ARTICLE VII 19 FINANCE AND TAXATION 20 SECTION 3. Taxes; exemptions.— 21 (a) All property owned by a municipality and used 22 exclusively by it for municipal or public purposes shall be 23 exempt from taxation. A municipality, owning property outside 24 the municipality, may be required by general law to make payment 25 to the taxing unit in which the property is located. Such 26 portions of property as are used predominantly for educational, 27 literary, scientific, religious or charitable purposes may be 28 exempted by general law from taxation. 29 (b) There shall be exempt from taxation, cumulatively, to 30 every head of a family residing in this state, household goods 31 and personal effects to the value fixed by general law, not less 32 than one thousand dollars, and to every widow or widower or 33 person who is blind or totally and permanently disabled, 34 property to the value fixed by general law not less than five 35 hundred dollars. 36 (c) Any county or municipality may, for the purpose of its 37 respective tax levy and subject to the provisions of this 38 subsection and general law, grant community and economic 39 development ad valorem tax exemptions to new businesses and 40 expansions of existing businesses, as defined by general law. 41 Such an exemption may be granted only by ordinance of the county 42 or municipality, and only after the electors of the county or 43 municipality voting on such question in a referendum authorize 44 the county or municipality to adopt such ordinances. An 45 exemption so granted shall apply to improvements to real 46 property made by or for the use of a new business and 47 improvements to real property related to the expansion of an 48 existing business and shall also apply to tangible personal 49 property of such new business and tangible personal property 50 related to the expansion of an existing business. The amount or 51 limits of the amount of such exemption shall be specified by 52 general law. The period of time for which such exemption may be 53 granted to a new business or expansion of an existing business 54 shall be determined by general law. The authority to grant such 55 exemption shall expire ten years from the date of approval by 56 the electors of the county or municipality, and may be renewable 57 by referendum as provided by general law. 58 (d) Any county or municipality may, for the purpose of its 59 respective tax levy and subject to the provisions of this 60 subsection and general law, grant historic preservation ad 61 valorem tax exemptions to owners of historic properties. This 62 exemption may be granted only by ordinance of the county or 63 municipality. The amount or limits of the amount of this 64 exemption and the requirements for eligible properties must be 65 specified by general law. The period of time for which this 66 exemption may be granted to a property owner shall be determined 67 by general law. 68 (e) By general law and subject to conditions specified 69 therein, twenty-five thousand dollars of the assessed value of 70 property subject to tangible personal property tax shall be 71 exempt from ad valorem taxation. 72 (f) There shall be granted an ad valorem tax exemption for 73 real property dedicated in perpetuity for conservation purposes, 74 including real property encumbered by perpetual conservation 75 easements or by other perpetual conservation protections, as 76 defined by general law. 77 (g) By general law and subject to the conditions specified 78 therein, each person who receives a homestead exemption as 79 provided in section 6 of this article; who was a member of the 80 United States military or military reserves, the United States 81 Coast Guard or its reserves, or the Florida National Guard; and 82 who was deployed during the preceding calendar year on active 83 duty outside the continental United States, Alaska, or Hawaii in 84 support of military operations that are designated by the 85 legislature shall receive an additional exemption equal to a 86 percentage of the taxable value of his or her homestead 87 property. The applicable percentage shall be calculated as the 88 number of days during the preceding calendar year the person was 89 deployed on active duty outside the continental United States, 90 Alaska, or Hawaii in support of military operations that are 91 designated by the legislature divided by the number of days in 92 that year. 93 ARTICLE XII 94 SCHEDULE 95 Additional ad valorem tax exemption for members of the 96 United States military or military reserves, the United States 97 Coast Guard or its reserves, or the Florida National Guard 98 deployed on active duty outside of the United States.—The 99 amendment to Section 3 of Article VII providing for an 100 additional ad valorem tax exemption for members of the United 101 States military or military reserves, the United States Coast 102 Guard or its reserves, or the Florida National Guard deployed on 103 active duty outside the United States in support of certain 104 military operations and this section shall take effect January 105 1, 2011. 106 BE IT FURTHER RESOLVED that the following statement be 107 placed on the ballot: 108 CONSTITUTIONAL AMENDMENTS 109 ARTICLE VII, SECTION 3 110 ARTICLE XII 111 HOMESTEAD AD VALOREM TAX EXEMPTION FOR DEPLOYED MILITARY 112 PERSONNEL.—This proposed amendment to the State Constitution 113 requires the Legislature to provide an additional property tax 114 exemption for members of the United States military or its 115 reserves, the United States Coast Guard or its reserves, or the 116 Florida National Guard who receive a homestead exemption and 117 were deployed in the previous year on active duty outside the 118 continental United States, Alaska, or Hawaii in support of 119 military operations that are designated by the Legislature. The 120 exempt amount will be based upon the number of days in the 121 previous calendar year that the person was deployed on active 122 duty outside the continental United States, Alaska, or Hawaii in 123 support of military operations that are designated by the 124 Legislature.