Florida Senate - 2012                                   SJR 1740
       
       
       
       By Senator Garcia
       
       
       
       
       40-01681-12                                           20121740__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 6
    3         of Article VII of the State Constitution to authorize
    4         the Legislature, by general law, to allow counties and
    5         municipalities to grant an additional homestead tax
    6         exemption not exceeding the assessed value of the
    7         property to an owner who has maintained permanent
    8         residency on the property for a specified duration,
    9         who has attained age 65, and whose household income
   10         does not exceed a specified amount.
   11  
   12  Be It Resolved by the Legislature of the State of Florida:
   13  
   14         That the following amendment to Section 6 of Article VII of
   15  the State Constitution is agreed to and shall be submitted to
   16  the electors of this state for approval or rejection at the next
   17  general election or at an earlier special election specifically
   18  authorized 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
   23  real estate and maintains thereon the permanent residence of the
   24  owner, or another legally or naturally dependent upon the owner,
   25  shall be exempt from taxation thereon, except assessments for
   26  special benefits, up to the assessed valuation of twenty-five
   27  thousand dollars and, for all levies other than school district
   28  levies, on the assessed valuation greater than fifty thousand
   29  dollars and up to seventy-five thousand dollars, upon
   30  establishment of right thereto in the manner prescribed by law.
   31  The real estate may be held by legal or equitable title, by the
   32  entireties, jointly, in common, as a condominium, or indirectly
   33  by stock ownership or membership representing the owner’s or
   34  member’s proprietary interest in a corporation owning a fee or a
   35  leasehold initially in excess of ninety-eight years. The
   36  exemption shall not apply with respect to any assessment roll
   37  until such roll is first determined to be in compliance with the
   38  provisions of section 4 by a state agency designated by general
   39  law. This exemption is repealed on the effective date of any
   40  amendment to this Article which provides for the assessment of
   41  homestead property at less than just value.
   42         (b) Not more than one exemption shall be allowed any
   43  individual or family unit or with respect to any residential
   44  unit. No exemption shall exceed the value of the real estate
   45  assessable to the owner or, in case of ownership through stock
   46  or membership in a corporation, the value of the proportion
   47  which the interest in the corporation bears to the assessed
   48  value of the property.
   49         (c) By general law and subject to conditions specified
   50  therein, the Legislature may provide to renters, who are
   51  permanent residents, ad valorem tax relief on all ad valorem tax
   52  levies. Such ad valorem tax relief shall be in the form and
   53  amount established by general law.
   54         (d) The legislature may, by general law, allow counties or
   55  municipalities, for the purpose of their respective tax levies
   56  and subject to the provisions of general law, to grant an
   57  additional homestead tax exemption not exceeding:
   58         (1) Fifty thousand dollars to any person who has the legal
   59  or equitable title to real estate and maintains thereon the
   60  permanent residence of the owner and who has attained age sixty
   61  five and whose household income, as defined by general law, does
   62  not exceed twenty thousand dollars; or.
   63         (2) The value assessable to any person who has the legal or
   64  equitable title to real estate and who has maintained thereon
   65  the permanent residence of the owner for not less than twenty
   66  years and who has attained age sixty-five and whose household
   67  income, as defined by general law, does not exceed fifteen
   68  thousand dollars.
   69  
   70  The general law must allow counties and municipalities to grant
   71  this additional exemption, within the limits prescribed in this
   72  subsection, by ordinance adopted in the manner prescribed by
   73  general law, and must provide for the periodic adjustment of the
   74  income limitation prescribed in this subsection for changes in
   75  the cost of living.
   76         (e) Each veteran who is age 65 or older who is partially or
   77  totally permanently disabled shall receive a discount from the
   78  amount of the ad valorem tax otherwise owed on homestead
   79  property the veteran owns and resides in if the disability was
   80  combat related, the veteran was a resident of this state at the
   81  time of entering the military service of the United States, and
   82  the veteran was honorably discharged upon separation from
   83  military service. The discount shall be in a percentage equal to
   84  the percentage of the veteran’s permanent, service-connected
   85  disability as determined by the United States Department of
   86  Veterans Affairs. To qualify for the discount granted by this
   87  subsection, an applicant must submit to the county property
   88  appraiser, by March 1, proof of residency at the time of
   89  entering military service, an official letter from the United
   90  States Department of Veterans Affairs stating the percentage of
   91  the veteran’s service-connected disability and such evidence
   92  that reasonably identifies the disability as combat related, and
   93  a copy of the veteran’s honorable discharge. If the property
   94  appraiser denies the request for a discount, the appraiser must
   95  notify the applicant in writing of the reasons for the denial,
   96  and the veteran may reapply. The Legislature may, by general
   97  law, waive the annual application requirement in subsequent
   98  years. This subsection shall take effect December 7, 2006, is
   99  self-executing, and does not require implementing legislation.
  100         BE IT FURTHER RESOLVED that the following statement be
  101  placed on the ballot:
  102                      CONSTITUTIONAL AMENDMENT                     
  103                       ARTICLE VII, SECTION 6                      
  104         ADDITIONAL HOMESTEAD EXEMPTION; LOW-INCOME SENIORS WHO
  105  MAINTAIN LONG-TERM RESIDENCY ON PROPERTY; NOT EXCEEDING ASSESSED
  106  VALUE.—Proposing an amendment to the State Constitution to
  107  authorize the Legislature, by general law and subject to
  108  conditions set forth in the general law, to allow counties and
  109  municipalities to grant an additional homestead tax exemption
  110  not exceeding the assessed value of the property to an owner who
  111  has maintained permanent residency on the property for not less
  112  than 20 years, who has attained age 65, and whose household
  113  income does not exceed $15,000. The general law must allow
  114  counties and municipalities to grant this additional exemption
  115  by ordinance and must provide for periodic adjustment of the
  116  household income limitation of $15,000 for changes in the cost
  117  of living.