Florida Senate - 2025                                   SJR 1510
       
       
        
       By Senator Avila
       
       
       
       
       
       39-01051-25                                           20251510__
    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 the same exemptions and
    6         assessment limitations granted to homestead property
    7         to certain real property subject to a long-term lease
    8         and to provide an effective date.
    9          
   10  Be It Resolved by the Legislature of the State of Florida:
   11  
   12         That the following amendment to Section 6 of Article VII
   13  and the creation of a new section in Article XII of the State
   14  Constitution are agreed to and shall be submitted to the
   15  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)(1) 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, as follows:
   26         a. Up to the assessed valuation of twenty-five thousand
   27  dollars; and
   28         b. For all levies other than school district levies, on the
   29  assessed valuation greater than fifty thousand dollars and up to
   30  seventy-five thousand dollars,
   31  
   32  upon establishment of right thereto in the manner prescribed by
   33  law. The real estate may be held by legal or equitable title, by
   34  the entireties, jointly, in common, as a condominium, or
   35  indirectly by stock ownership or membership representing the
   36  owner’s or member’s proprietary interest in a corporation owning
   37  a fee or a leasehold initially in excess of ninety-eight years.
   38  The exemption shall not apply with respect to any assessment
   39  roll until such roll is first determined to be in compliance
   40  with the provisions of section 4 by a state agency designated by
   41  general law. This exemption is repealed on the effective date of
   42  any amendment to this Article which provides for the assessment
   43  of homestead property at less than just value.
   44         (2) The twenty-five thousand dollar amount of assessed
   45  valuation exempt from taxation provided in subparagraph (a)(1)b.
   46  shall be adjusted annually on January 1 of each year for
   47  inflation using the percent change in the Consumer Price Index
   48  for All Urban Consumers, U.S. City Average, all items 1967=100,
   49  or successor reports for the preceding calendar year as
   50  initially reported by the United States Department of Labor,
   51  Bureau of Labor Statistics, if such percent change is positive.
   52         (3) The amount of assessed valuation exempt from taxation
   53  for which every person who has the legal or equitable title to
   54  real estate and maintains thereon the permanent residence of the
   55  owner, or another person legally or naturally dependent upon the
   56  owner, is eligible, and which applies solely to levies other
   57  than school district levies, that is added to this constitution
   58  after January 1, 2025, shall be adjusted annually on January 1
   59  of each year for inflation using the percent change in the
   60  Consumer Price Index for All Urban Consumers, U.S. City Average,
   61  all items 1967=100, or successor reports for the preceding
   62  calendar year as initially reported by the United States
   63  Department of Labor, Bureau of Labor Statistics, if such percent
   64  change is positive, beginning the year following the effective
   65  date of such exemption.
   66         (b) Not more than one exemption shall be allowed any
   67  individual or family unit or with respect to any residential
   68  unit. No exemption shall exceed the value of the real estate
   69  assessable to the owner or, in case of ownership through stock
   70  or membership in a corporation, the value of the proportion
   71  which the interest in the corporation bears to the assessed
   72  value of the property.
   73         (c) By general law and subject to conditions specified
   74  therein, the Legislature may provide to renters, who are
   75  permanent residents, ad valorem tax relief on all ad valorem tax
   76  levies. Such ad valorem tax relief shall be in the form and
   77  amount established by general law.
   78         (d) The legislature may, by general law, allow counties or
   79  municipalities, for the purpose of their respective tax levies
   80  and subject to the provisions of general law, to grant either or
   81  both of the following additional homestead tax exemptions:
   82         (1) An exemption not exceeding fifty thousand dollars to a
   83  person who has the legal or equitable title to real estate and
   84  maintains thereon the permanent residence of the owner, who has
   85  attained age sixty-five, and whose household income, as defined
   86  by general law, does not exceed twenty thousand dollars; or
   87         (2) An exemption equal to the assessed value of the
   88  property to a person who has the legal or equitable title to
   89  real estate with a just value less than two hundred and fifty
   90  thousand dollars, as determined in the first tax year that the
   91  owner applies and is eligible for the exemption, and who has
   92  maintained thereon the permanent residence of the owner for not
   93  less than twenty-five years, who has attained age sixty-five,
   94  and whose household income does not exceed the income limitation
   95  prescribed in paragraph (1).
   96  
   97  The general law must allow counties and municipalities to grant
   98  these additional exemptions, within the limits prescribed in
   99  this subsection, by ordinance adopted in the manner prescribed
  100  by general law, and must provide for the periodic adjustment of
  101  the income limitation prescribed in this subsection for changes
  102  in the cost of living.
  103         (e)(1) Each veteran who is age 65 or older who is partially
  104  or totally permanently disabled shall receive a discount from
  105  the amount of the ad valorem tax otherwise owed on homestead
  106  property the veteran owns and resides in if the disability was
  107  combat related and the veteran was honorably discharged upon
  108  separation from military service. The discount shall be in a
  109  percentage equal to the percentage of the veteran’s permanent,
  110  service-connected disability as determined by the United States
  111  Department of Veterans Affairs. To qualify for the discount
  112  granted by this paragraph, an applicant must submit to the
  113  county property appraiser, by March 1, an official letter from
  114  the United States Department of Veterans Affairs stating the
  115  percentage of the veteran’s service-connected disability and
  116  such evidence that reasonably identifies the disability as
  117  combat related and a copy of the veteran’s honorable discharge.
  118  If the property appraiser denies the request for a discount, the
  119  appraiser must notify the applicant in writing of the reasons
  120  for the denial, and the veteran may reapply. The Legislature
  121  may, by general law, waive the annual application requirement in
  122  subsequent years.
  123         (2) If a veteran who receives the discount described in
  124  paragraph (1) predeceases his or her spouse, and if, upon the
  125  death of the veteran, the surviving spouse holds the legal or
  126  beneficial title to the homestead property and permanently
  127  resides thereon, the discount carries over to the surviving
  128  spouse until he or she remarries or sells or otherwise disposes
  129  of the homestead property. If the surviving spouse sells or
  130  otherwise disposes of the property, a discount not to exceed the
  131  dollar amount granted from the most recent ad valorem tax roll
  132  may be transferred to the surviving spouse’s new homestead
  133  property, if used as his or her permanent residence and he or
  134  she has not remarried.
  135         (3) This subsection is self-executing and does not require
  136  implementing legislation.
  137         (f) By general law and subject to conditions and
  138  limitations specified therein, the Legislature may provide ad
  139  valorem tax relief equal to the total amount or a portion of the
  140  ad valorem tax otherwise owed on homestead property to:
  141         (1) The surviving spouse of a veteran who died from
  142  service-connected causes while on active duty as a member of the
  143  United States Armed Forces.
  144         (2) The surviving spouse of a first responder who died in
  145  the line of duty.
  146         (3) A first responder who is totally and permanently
  147  disabled as a result of an injury or injuries sustained in the
  148  line of duty. Causal connection between a disability and service
  149  in the line of duty shall not be presumed but must be determined
  150  as provided by general law. For purposes of this paragraph, the
  151  term “disability” does not include a chronic condition or
  152  chronic disease, unless the injury sustained in the line of duty
  153  was the sole cause of the chronic condition or chronic disease.
  154  
  155  As used in this subsection and as further defined by general
  156  law, the term “first responder” means a law enforcement officer,
  157  a correctional officer, a firefighter, an emergency medical
  158  technician, or a paramedic, and the term “in the line of duty”
  159  means arising out of and in the actual performance of duty
  160  required by employment as a first responder.
  161         (g)By general law and subject to conditions and provisions
  162  specified therein, the Legislature may provide that every person
  163  who holds the legal or equitable title to real estate that is
  164  currently receiving the benefits available for homestead
  165  properties under subsection (a), and who also holds the legal or
  166  equitable title to real estate and maintains thereon the
  167  residence of a lessee under a single written lease of six months
  168  or more, if such lease is in effect on January 1 of the taxable
  169  year, shall also be exempt from taxation for such leased
  170  property as provided in subsection (a) and such real estate
  171  shall be assessed pursuant to subsection (d) of section 4 for
  172  each such year. The Legislature may also provide that if any
  173  property receiving the assessment limitation authorized under
  174  this subsection subsequently becomes ineligible for the
  175  assessment limitation authorized under this subsection for
  176  reasons other than a change of ownership or control, as defined
  177  by general law, such property shall be assessed pursuant to
  178  subsection (g) of section 4, unless such property is assessed
  179  under subsection (d) of section 4 for that year.
  180                             ARTICLE XII                           
  181                              SCHEDULE                             
  182         Tax exemptions and assessment limitations for long-term
  183  leased residential property.—This section and the amendment to
  184  Section 6 of Article VII, which authorizes the legislature to
  185  provide the same exemptions and assessment limitations granted
  186  to homestead property to real property that, on January 1, is
  187  subject to a written lease of six months or more and is owned by
  188  a person who holds legal or equitable title to real estate
  189  receiving a homestead exemption, apply beginning with the 2027
  190  tax roll.
  191         BE IT FURTHER RESOLVED that the following statement be
  192  placed on the ballot:
  193                      CONSTITUTIONAL AMENDMENT                     
  194                       ARTICLE VII, SECTION 6                      
  195                             ARTICLE XII                           
  196         PROPERTY TAX BENEFITS FOR CERTAIN RESIDENTIAL PROPERTIES
  197  SUBJECT TO A LONG-TERM LEASE.—Proposing an amendment to the
  198  State Constitution to authorize the Legislature to provide the
  199  same exemptions and assessment limitations as provided for
  200  homestead property for real property that, on January 1, is
  201  subject to a written lease of 6 months or more and is owned by a
  202  person who holds legal or equitable title to property receiving
  203  a homestead exemption. This amendment shall take effect January
  204  1, 2027.