Florida Senate - 2012 CS for SJR 1056 By the Committee on Military Affairs, Space, and Domestic Security; and Senator Norman 583-02475-12 20121056c1 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to Section 6 3 of Article VII and the creation of Section 32 of 4 Article XII of the State Constitution to allow the 5 Legislature by general law to provide ad valorem 6 homestead property tax relief to the surviving spouse 7 of a military veteran who died from service-connected 8 causes while on active duty or a surviving spouse of a 9 first responder who died in the line of duty, provide 10 definitions with respect thereto, and provide an 11 effective date. 12 13 Be It Resolved by the Legislature of the State of Florida: 14 15 That the following amendment to Section 6 of Article VII 16 and the creation of Section 32 of Article XII of the State 17 Constitution are agreed to and shall be submitted to the 18 electors of this state for approval or rejection at the next 19 general election or at an earlier special election specifically 20 authorized by law for that purpose: 21 ARTICLE VII 22 FINANCE AND TAXATION 23 SECTION 6. Homestead exemptions.— 24 (a) Every person who has the legal or equitable title to 25 real estate and maintains thereon the permanent residence of the 26 owner, or another legally or naturally dependent upon the owner, 27 shall be exempt from taxation thereon, except assessments for 28 special benefits, up to the assessed valuation of twenty-five 29 thousand dollars and, for all levies other than school district 30 levies, on the assessed valuation greater than fifty thousand 31 dollars and up to seventy-five thousand dollars, upon 32 establishment of right thereto in the manner prescribed by law. 33 The real estate may be held by legal or equitable title, by the 34 entireties, jointly, in common, as a condominium, or indirectly 35 by stock ownership or membership representing the owner’s or 36 member’s proprietary interest in a corporation owning a fee or a 37 leasehold initially in excess of ninety-eight years. The 38 exemption shall not apply with respect to any assessment roll 39 until such roll is first determined to be in compliance with the 40 provisions of section 4 by a state agency designated by general 41 law. This exemption is repealed on the effective date of any 42 amendment to this Article which provides for the assessment of 43 homestead property at less than just value. 44 (b) Not more than one exemption shall be allowed any 45 individual or family unit or with respect to any residential 46 unit. No exemption shall exceed the value of the real estate 47 assessable to the owner or, in case of ownership through stock 48 or membership in a corporation, the value of the proportion 49 which the interest in the corporation bears to the assessed 50 value of the property. 51 (c) By general law and subject to conditions specified 52 therein, the Legislature may provide to renters, who are 53 permanent residents, ad valorem tax relief on all ad valorem tax 54 levies. Such ad valorem tax relief shall be in the form and 55 amount established by general law. 56 (d) The legislature may, by general law, allow counties or 57 municipalities, for the purpose of their respective tax levies 58 and subject to the provisions of general law, to grant an 59 additional homestead tax exemption not exceeding fifty thousand 60 dollars to any person who has the legal or equitable title to 61 real estate and maintains thereon the permanent residence of the 62 owner and who has attained age sixty-five and whose household 63 income, as defined by general law, does not exceed twenty 64 thousand dollars. The general law must allow counties and 65 municipalities to grant this additional exemption, within the 66 limits prescribed in this subsection, by ordinance adopted in 67 the manner prescribed by general law, and must provide for the 68 periodic adjustment of the income limitation prescribed in this 69 subsection for changes in the cost of living. 70 (e) Each veteran who is age 65 or older who is partially or 71 totally permanently disabled shall receive a discount from the 72 amount of the ad valorem tax otherwise owed on homestead 73 property the veteran owns and resides in if the disability was 74 combat related, the veteran was a resident of this state at the 75 time of entering the military service of the United States, and 76 the veteran was honorably discharged upon separation from 77 military service. The discount shall be in a percentage equal to 78 the percentage of the veteran’s permanent, service-connected 79 disability as determined by the United States Department of 80 Veterans Affairs. To qualify for the discount granted by this 81 subsection, an applicant must submit to the county property 82 appraiser, by March 1, proof of residency at the time of 83 entering military service, an official letter from the United 84 States Department of Veterans Affairs stating the percentage of 85 the veteran’s service-connected disability and such evidence 86 that reasonably identifies the disability as combat related, and 87 a copy of the veteran’s honorable discharge. If the property 88 appraiser denies the request for a discount, the appraiser must 89 notify the applicant in writing of the reasons for the denial, 90 and the veteran may reapply. The Legislature may, by general 91 law, waive the annual application requirement in subsequent 92 years. This subsection shall take effect December 7, 2006, is 93 self-executing, and does not require implementing legislation. 94 (f)(1) By general law and subject to conditions and 95 limitations specified therein, the Legislature may provide ad 96 valorem tax relief equal to the total amount or a portion of the 97 ad valorem tax otherwise owed on homestead property to the 98 surviving spouse of: 99 a. A veteran who died from service-connected causes while 100 on active duty as a member of the United States Armed Forces. 101 b. A first responder who died in the line of duty. 102 (2) As used in this subsection and as further defined by 103 general law, the term: 104 a. “First responder” means a law enforcement officer, a 105 correctional officer, a firefighter, an emergency medical 106 technician, or a paramedic. 107 b. “In the line of duty” means arising out of and in the 108 actual performance of duty required by employment as a first 109 responder. 110 ARTICLE XII 111 SCHEDULE 112 SECTION 32. Ad valorem tax relief for surviving spouses of 113 veterans who died from service-connected causes and first 114 responders who died in the line of duty.—This section and the 115 amendment to Section 6 of Article VII permitting the legislature 116 to provide ad valorem tax relief to surviving spouses of 117 veterans who died from service-connected causes and first 118 responders who died in the line of duty shall take effect 119 January 1, 2013. 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 32 125 HOMESTEAD PROPERTY TAX EXEMPTION FOR SURVIVING SPOUSE OF 126 MILITARY VETERAN OR FIRST RESPONDER.—Proposing an amendment to 127 the State Constitution to authorize the Legislature to provide 128 by general law ad valorem homestead property tax relief to the 129 surviving spouse of a military veteran who died from service 130 connected causes while on active duty or to the surviving spouse 131 of a first responder who died in the line of duty. The amendment 132 authorizes the Legislature to totally exempt or partially exempt 133 such surviving spouse’s homestead property from ad valorem 134 taxation. The amendment defines a first responder as a law 135 enforcement officer, a correctional officer, a firefighter, an 136 emergency medical technician, or a paramedic. This amendment 137 takes effect January 1, 2013.