HJR 169

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 6
3of Article VII of the State Constitution to authorize
4the Legislature, by general law, to allow counties and
5municipalities to grant an additional homestead tax
6exemption not exceeding the assessed value of the
7property to an owner who has maintained permanent
8residency on the property for a specified duration,
9who has attained age 65, and whose household income
10does not exceed a specified amount.
11
12Be It Resolved by the Legislature of the State of Florida:
13
14     That the following amendment to Section 6 of Article VII of
15the State Constitution is agreed to and shall be submitted to
16the electors of this state for approval or rejection at the next
17general election or at an earlier special election specifically
18authorized by law for that purpose:
19
ARTICLE VII
20
FINANCE AND TAXATION
21     SECTION 6.  Homestead exemptions.-
22     (a)  Every person who has the legal or equitable title to
23real estate and maintains thereon the permanent residence of the
24owner, or another legally or naturally dependent upon the owner,
25shall be exempt from taxation thereon, except assessments for
26special benefits, up to the assessed valuation of twenty-five
27thousand dollars and, for all levies other than school district
28levies, on the assessed valuation greater than fifty thousand
29dollars and up to seventy-five thousand dollars, upon
30establishment of right thereto in the manner prescribed by law.
31The real estate may be held by legal or equitable title, by the
32entireties, jointly, in common, as a condominium, or indirectly
33by stock ownership or membership representing the owner's or
34member's proprietary interest in a corporation owning a fee or a
35leasehold initially in excess of ninety-eight years. The
36exemption shall not apply with respect to any assessment roll
37until such roll is first determined to be in compliance with the
38provisions of section 4 by a state agency designated by general
39law. This exemption is repealed on the effective date of any
40amendment to this Article which provides for the assessment of
41homestead property at less than just value.
42     (b)  Not more than one exemption shall be allowed any
43individual or family unit or with respect to any residential
44unit. No exemption shall exceed the value of the real estate
45assessable to the owner or, in case of ownership through stock
46or membership in a corporation, the value of the proportion
47which the interest in the corporation bears to the assessed
48value of the property.
49     (c)  By general law and subject to conditions specified
50therein, the Legislature may provide to renters, who are
51permanent residents, ad valorem tax relief on all ad valorem tax
52levies. Such ad valorem tax relief shall be in the form and
53amount established by general law.
54     (d)  The legislature may, by general law, allow counties or
55municipalities, for the purpose of their respective tax levies
56and subject to the provisions of general law, to grant an
57additional homestead tax exemption not exceeding:
58     (1)  Fifty thousand dollars to any person who has the legal
59or equitable title to real estate and maintains thereon the
60permanent residence of the owner and who has attained age sixty-
61five and whose household income, as defined by general law, does
62not exceed twenty thousand dollars; or.
63     (2)  The value assessable to any person who has the legal
64or equitable title to real estate and who has maintained thereon
65the permanent residence of the owner for not less than twenty
66years and who has attained age sixty-five and whose household
67income, as defined by general law, does not exceed fifteen
68thousand dollars.
69
70The general law must allow counties and municipalities to grant
71this additional exemption, within the limits prescribed in this
72subsection, by ordinance adopted in the manner prescribed by
73general law, and must provide for the periodic adjustment of the
74income limitation prescribed in this subsection for changes in
75the cost of living.
76     (e)  Each veteran who is age 65 or older who is partially
77or totally permanently disabled shall receive a discount from
78the amount of the ad valorem tax otherwise owed on homestead
79property the veteran owns and resides in if the disability was
80combat related, the veteran was a resident of this state at the
81time of entering the military service of the United States, and
82the veteran was honorably discharged upon separation from
83military service. The discount shall be in a percentage equal to
84the percentage of the veteran's permanent, service-connected
85disability as determined by the United States Department of
86Veterans Affairs. To qualify for the discount granted by this
87subsection, an applicant must submit to the county property
88appraiser, by March 1, proof of residency at the time of
89entering military service, an official letter from the United
90States Department of Veterans Affairs stating the percentage of
91the veteran's service-connected disability and such evidence
92that reasonably identifies the disability as combat related, and
93a copy of the veteran's honorable discharge. If the property
94appraiser denies the request for a discount, the appraiser must
95notify the applicant in writing of the reasons for the denial,
96and the veteran may reapply. The Legislature may, by general
97law, waive the annual application requirement in subsequent
98years. This subsection shall take effect December 7, 2006, is
99self-executing, and does not require implementing legislation.
100     BE IT FURTHER RESOLVED that the following statement be
101placed on the ballot:
102
CONSTITUTIONAL AMENDMENT
103
ARTICLE VII, SECTION 6
104     ADDITIONAL HOMESTEAD EXEMPTION; LOW-INCOME SENIORS WHO
105MAINTAIN LONG-TERM RESIDENCY ON PROPERTY; NOT EXCEEDING ASSESSED
106VALUE.-Proposing an amendment to the State Constitution to
107authorize the Legislature, by general law and subject to
108conditions set forth in the general law, to allow counties and
109municipalities to grant an additional homestead tax exemption
110not exceeding the assessed value of the property to an owner who
111has maintained permanent residency on the property for not less
112than 20 years, who has attained age 65, and whose household
113income does not exceed $15,000. The general law must allow
114counties and municipalities to grant this additional exemption
115by ordinance and must provide for periodic adjustment of the
116household income limitation of $15,000 for changes in the cost
117of living.


CODING: Words stricken are deletions; words underlined are additions.