Florida Senate - 2009 SJR 738 By Senator Bennett 21-00786-09 2009738__ 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to Section 9 3 of Article VII of the State Constitution to provide a 4 limitation on the amount of the combined ad valorem 5 taxes that may be collected on parcels of real 6 property, require the Legislature to provide for 7 distribution of revenues collected in excess of the 8 limitation, and provide exceptions for ad valorem 9 taxes levied for payment of certain bonds. 10 11 Be It Resolved by the Legislature of the State of Florida: 12 13 That the following amendment to Section 9 of Article VII of 14 the State Constitution is agreed to and shall be submitted to 15 the 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 9. Local taxes.— 21 (a) Counties, school districts, and municipalities shall, 22 and special districts may, be authorized by law to levy ad 23 valorem taxes and may be authorized by general law to levy other 24 taxes, for their respective purposes, except ad valorem taxes on 25 intangible personal property and taxes prohibited by this 26 constitution. 27 (b) Ad valorem taxes, exclusive of taxes levied for the 28 payment of bonds and taxes levied for periods not longer than 29 two years when authorized by vote of the electors who are the 30 owners of freeholds therein not wholly exempt from taxation, 31 shall not be levied in excess of the following millages upon the 32 assessed value of real estate and tangible personal property: 33 for all county purposes, ten mills; for all municipal purposes, 34 ten mills; for all school purposes, ten mills; for water 35 management purposes for the northwest portion of the state lying 36 west of the line between ranges two and three east, 0.05 mill; 37 for water management purposes for the remaining portions of the 38 state, 1.0 mill; and for all other special districts a millage 39 authorized by law approved by vote of the electors who are 40 owners of freeholds therein not wholly exempt from taxation. A 41 county furnishing municipal services may, to the extent 42 authorized by law, levy additional taxes within the limits fixed 43 for municipal purposes. 44 (c) Notwithstanding any other provision of this 45 constitution, the maximum amount of all ad valorem taxes 46 collected by counties, municipalities, school districts, and 47 special districts on any parcel of real property shall not, when 48 combined, exceed one and thirty-five hundredths percent (1.35%) 49 of the parcel's highest taxable value. For purposes of this 50 subsection, the term “taxable value” means the value of real 51 property to which millage rates are applied. By general law, the 52 legislature shall provide for the distribution of tax revenues 53 derived from parcels for which combined ad valorem tax levies 54 exceed one and thirty-five hundredths percent (1.35%) of the 55 parcel's highest taxable value. This subsection does not apply 56 to ad valorem taxes levied for the payment of bonds issued 57 pursuant to Section 12 of this Article or levied for periods not 58 longer than two years when authorized by a vote of the electors. 59 BE IT FURTHER RESOLVED that the following statement be 60 placed on the ballot: 61 CONSTITUTIONAL AMENDMENT 62 ARTICLE VII, SECTION 9 63 LIMITATION ON AGGREGATE AD VALOREM TAXES ON REAL PROPERTY. 64 Proposing an amendment to the State Constitution to limit the 65 total aggregate ad valorem taxes levied by counties, 66 municipalities, school districts, and special districts on any 67 parcel of real property to 1.35 percent of the highest taxable 68 value of the property; require the Legislature to provide by 69 general law for distribution of revenues collected on parcels 70 that exceed the 1.35-percent limitation; and apply the 71 limitation to all property taxes except ad valorem taxes levied 72 for the payment of local bonds issued to finance or refinance 73 capital projects authorized by law when approved by vote of the 74 electors or to refund outstanding bonds, or levied for periods 75 not longer than 2 years when authorized by a vote of the 76 electors.