Florida Senate - 2017                                    SJR 124
       
       
        
       By Senator Steube
       
       23-00282-17                                            2017124__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 6
    3         of Article VII and the creation of a new section in
    4         Article XII of the State Constitution to authorize the
    5         Legislature to provide, by general law, ad valorem tax
    6         relief on homestead property to the parent or parents
    7         of a veteran who died from service-connected causes
    8         while on active duty as a member of the United States
    9         Armed Forces.
   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
   14  and the creation of a new section of Article XII of the State
   15  Constitution are agreed to and shall be submitted to the
   16  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 either or
   57  both of the following additional homestead tax exemptions:
   58         (1) An exemption not exceeding fifty thousand dollars to a
   59  person who has the legal or equitable title to real estate and
   60  maintains thereon the permanent residence of the owner, who has
   61  attained age sixty-five, and whose household income, as defined
   62  by general law, does not exceed twenty thousand dollars; or
   63         (2) An exemption equal to the assessed value of the
   64  property to a person who has the legal or equitable title to
   65  real estate with a just value less than two hundred and fifty
   66  thousand dollars, as determined in the first tax year that the
   67  owner applies and is eligible for the exemption, and who has
   68  maintained thereon the permanent residence of the owner for not
   69  less than twenty-five years, who has attained age sixty-five,
   70  and whose household income does not exceed the income limitation
   71  prescribed in paragraph (1).
   72  
   73  The general law must allow counties and municipalities to grant
   74  these additional exemptions, within the limits prescribed in
   75  this subsection, by ordinance adopted in the manner prescribed
   76  by general law, and must provide for the periodic adjustment of
   77  the income limitation prescribed in this subsection for changes
   78  in the cost of living.
   79         (e) Each veteran who is age 65 or older who is partially or
   80  totally permanently disabled shall receive a discount from the
   81  amount of the ad valorem tax otherwise owed on homestead
   82  property the veteran owns and resides in if the disability was
   83  combat related and the veteran was honorably discharged upon
   84  separation from military service. The discount shall be in a
   85  percentage equal to the percentage of the veteran’s permanent,
   86  service-connected disability as determined by the United States
   87  Department of Veterans Affairs. To qualify for the discount
   88  granted by this subsection, an applicant must submit to the
   89  county property appraiser, by March 1, an official letter from
   90  the United States Department of Veterans Affairs stating the
   91  percentage of the veteran’s service-connected disability and
   92  such evidence that reasonably identifies the disability as
   93  combat related and a copy of the veteran’s honorable discharge.
   94  If the property appraiser denies the request for a discount, the
   95  appraiser must notify the applicant in writing of the reasons
   96  for the denial, and the veteran may reapply. The Legislature
   97  may, by general law, waive the annual application requirement in
   98  subsequent years. This subsection is self-executing and does not
   99  require implementing legislation.
  100         (f) By general law and subject to conditions and
  101  limitations specified therein, the Legislature may provide ad
  102  valorem tax relief equal to the total amount or a portion of the
  103  ad valorem tax otherwise owed on homestead property to:
  104         (1) The surviving spouse and the parent or parents of a
  105  veteran who died from service-connected causes while on active
  106  duty as a member of the United States Armed Forces.
  107         (2) The surviving spouse of a first responder who died in
  108  the line of duty.
  109         (3) A first responder who is totally and permanently
  110  disabled as a result of an injury or injuries sustained in the
  111  line of duty. Causal connection between a disability and service
  112  in the line of duty shall not be presumed but must be determined
  113  as provided by general law. For purposes of this paragraph, the
  114  term “disability” does not include a chronic condition or
  115  chronic disease, unless the injury sustained in the line of duty
  116  was the sole cause of the chronic condition or chronic disease.
  117  
  118  As used in this subsection and as further defined by general
  119  law, the term “first responder” means a law enforcement officer,
  120  a correctional officer, a firefighter, an emergency medical
  121  technician, or a paramedic, and the term “in the line of duty”
  122  means arising out of and in the actual performance of duty
  123  required by employment as a first responder.
  124                             ARTICLE XII                           
  125                              SCHEDULE                             
  126         Ad valorem tax relief for parents of veterans who died from
  127  service-connected causes.—This section and the amendment to
  128  Section 6 of Article VII authorizing the legislature to provide
  129  ad valorem tax relief on homestead property to parents of
  130  veterans who died from service-connected causes shall take
  131  effect January 1, 2019.
  132         BE IT FURTHER RESOLVED that the following statement be
  133  placed on the ballot:
  134                      CONSTITUTIONAL AMENDMENT                     
  135                       ARTICLE VII, SECTION 6                      
  136                             ARTICLE XII                           
  137         HOMESTEAD TAX RELIEF FOR PARENTS OF VETERANS WHO DIED FROM
  138  SERVICE-CONNECTED CAUSES.—Proposing an amendment to the State
  139  Constitution to authorize the Legislature to provide ad valorem
  140  tax relief on homestead property to the parent or parents of a
  141  veteran who died from service-connected causes while on active
  142  duty as a member of the United States Armed Forces. If approved
  143  by voters, the amendment takes effect January 1, 2019.