Florida Senate - 2012 SJR 1056 By Senator Norman 12-00286A-12 20121056__ 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to Section 6 3 of Article VII of the State Constitution to allow the 4 Legislature by general law to provide ad valorem 5 homestead property tax relief to the surviving spouse 6 of a military veteran who died from service-connected 7 causes while on active duty or a surviving spouse of a 8 first responder who died in the line of duty and 9 provide definitions with respect thereto. 10 11 Be It Resolved by the Legislature of the State of Florida: 12 13 That the following amendment to Section 6 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 6. Homestead exemptions.— 21 (a) Every person who has the legal or equitable title to 22 real estate and maintains thereon the permanent residence of the 23 owner, or another legally or naturally dependent upon the owner, 24 shall be exempt from taxation thereon, except assessments for 25 special benefits, up to the assessed valuation of twenty-five 26 thousand dollars and, for all levies other than school district 27 levies, on the assessed valuation greater than fifty thousand 28 dollars and up to seventy-five thousand dollars, upon 29 establishment of right thereto in the manner prescribed by law. 30 The real estate may be held by legal or equitable title, by the 31 entireties, jointly, in common, as a condominium, or indirectly 32 by stock ownership or membership representing the owner’s or 33 member’s proprietary interest in a corporation owning a fee or a 34 leasehold initially in excess of ninety-eight years. The 35 exemption shall not apply with respect to any assessment roll 36 until such roll is first determined to be in compliance with the 37 provisions of section 4 by a state agency designated by general 38 law. This exemption is repealed on the effective date of any 39 amendment to this Article which provides for the assessment of 40 homestead property at less than just value. 41 (b) Not more than one exemption shall be allowed any 42 individual or family unit or with respect to any residential 43 unit. No exemption shall exceed the value of the real estate 44 assessable to the owner or, in case of ownership through stock 45 or membership in a corporation, the value of the proportion 46 which the interest in the corporation bears to the assessed 47 value of the property. 48 (c) By general law and subject to conditions specified 49 therein, the Legislature may provide to renters, who are 50 permanent residents, ad valorem tax relief on all ad valorem tax 51 levies. Such ad valorem tax relief shall be in the form and 52 amount established by general law. 53 (d) The legislature may, by general law, allow counties or 54 municipalities, for the purpose of their respective tax levies 55 and subject to the provisions of general law, to grant an 56 additional homestead tax exemption not exceeding fifty thousand 57 dollars to any person who has the legal or equitable title to 58 real estate and maintains thereon the permanent residence of the 59 owner and who has attained age sixty-five and whose household 60 income, as defined by general law, does not exceed twenty 61 thousand dollars. The general law must allow counties and 62 municipalities to grant this additional exemption, within the 63 limits prescribed in this subsection, by ordinance adopted in 64 the manner prescribed by general law, and must provide for the 65 periodic adjustment of the income limitation prescribed in this 66 subsection for changes in the cost of living. 67 (e) Each veteran who is age 65 or older who is partially or 68 totally permanently disabled shall receive a discount from the 69 amount of the ad valorem tax otherwise owed on homestead 70 property the veteran owns and resides in if the disability was 71 combat related, the veteran was a resident of this state at the 72 time of entering the military service of the United States, and 73 the veteran was honorably discharged upon separation from 74 military service. The discount shall be in a percentage equal to 75 the percentage of the veteran’s permanent, service-connected 76 disability as determined by the United States Department of 77 Veterans Affairs. To qualify for the discount granted by this 78 subsection, an applicant must submit to the county property 79 appraiser, by March 1, proof of residency at the time of 80 entering military service, an official letter from the United 81 States Department of Veterans Affairs stating the percentage of 82 the veteran’s service-connected disability and such evidence 83 that reasonably identifies the disability as combat related, and 84 a copy of the veteran’s honorable discharge. If the property 85 appraiser denies the request for a discount, the appraiser must 86 notify the applicant in writing of the reasons for the denial, 87 and the veteran may reapply. The Legislature may, by general 88 law, waive the annual application requirement in subsequent 89 years. This subsection shall take effect December 7, 2006, is 90 self-executing, and does not require implementing legislation. 91 (f)(1) By general law and subject to conditions and 92 limitations specified therein, the Legislature may provide ad 93 valorem tax relief equal to the total amount or a portion of the 94 ad valorem tax otherwise owed on homestead property to the 95 surviving spouse of: 96 a. A veteran who died from service-connected causes while 97 on active duty as a member of the United States Armed Forces. 98 b. A first responder who died in the line of duty. 99 (2) As used in this subsection and as further defined by 100 general law, the term: 101 a. “First responder” means a law enforcement officer, a 102 correctional officer, a firefighter, an emergency medical 103 technician, or a paramedic. 104 b. “In the line of duty” means arising out of and in the 105 actual performance of duty required by employment as a first 106 responder. 107 BE IT FURTHER RESOLVED that the following statement be 108 placed on the ballot: 109 CONSTITUTIONAL AMENDMENT 110 ARTICLE VII, SECTION 6 111 HOMESTEAD PROPERTY TAX EXEMPTION FOR SURVIVING SPOUSE OF 112 MILITARY VETERAN OR FIRST RESPONDER.—Proposing an amendment to 113 the State Constitution to authorize the Legislature to provide 114 by general law ad valorem homestead property tax relief to the 115 surviving spouse of a military veteran who died from service 116 connected causes while on active duty or to the surviving spouse 117 of a first responder who died in the line of duty. The amendment 118 authorizes the Legislature to totally exempt or partially exempt 119 such surviving spouse’s homestead property from ad valorem 120 taxation. The amendment defines a first responder as a law 121 enforcement officer, a correctional officer, a firefighter, an 122 emergency medical technician, or a paramedic.