Florida Senate - 2025                                    SJR 748
       
       
        
       By Senator Simon
       
       
       
       
       
       3-01005-25                                             2025748__
    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 for a homestead property tax
    6         exemption for the surviving spouses of certain
    7         quadriplegics.
    8          
    9  Be It Resolved by the Legislature of the State of Florida:
   10  
   11         That the following amendment to Section 6 of Article VII
   12  and the creation of a new section in Article XII of the State
   13  Constitution are agreed to and shall be submitted to the
   14  electors of this state for approval or rejection at the next
   15  general election or at an earlier special election specifically
   16  authorized by law for that purpose:
   17                             ARTICLE VII                           
   18                        FINANCE AND TAXATION                       
   19         SECTION 6. Homestead exemptions.—
   20         (a)(1) Every person who has the legal or equitable title to
   21  real estate and maintains thereon the permanent residence of the
   22  owner, or another legally or naturally dependent upon the owner,
   23  shall be exempt from taxation thereon, except assessments for
   24  special benefits, as follows:
   25         a. Up to the assessed valuation of twenty-five thousand
   26  dollars; and
   27         b. For all levies other than school district levies, on the
   28  assessed valuation greater than fifty thousand dollars and up to
   29  seventy-five thousand dollars,
   30  
   31  upon establishment of right thereto in the manner prescribed by
   32  law. The real estate may be held by legal or equitable title, by
   33  the entireties, jointly, in common, as a condominium, or
   34  indirectly by stock ownership or membership representing the
   35  owner’s or member’s proprietary interest in a corporation owning
   36  a fee or a leasehold initially in excess of ninety-eight years.
   37  The exemption shall not apply with respect to any assessment
   38  roll until such roll is first determined to be in compliance
   39  with the provisions of section 4 by a state agency designated by
   40  general law. This exemption is repealed on the effective date of
   41  any amendment to this Article which provides for the assessment
   42  of homestead property at less than just value.
   43         (2) The twenty-five thousand dollar amount of assessed
   44  valuation exempt from taxation provided in subparagraph (a)(1)b.
   45  shall be adjusted annually on January 1 of each year for
   46  inflation using the percent change in the Consumer Price Index
   47  for All Urban Consumers, U.S. City Average, all items 1967=100,
   48  or successor reports for the preceding calendar year as
   49  initially reported by the United States Department of Labor,
   50  Bureau of Labor Statistics, if such percent change is positive.
   51         (3) The amount of assessed valuation exempt from taxation
   52  for which every person who has the legal or equitable title to
   53  real estate and maintains thereon the permanent residence of the
   54  owner, or another person legally or naturally dependent upon the
   55  owner, is eligible, and which applies solely to levies other
   56  than school district levies, that is added to this constitution
   57  after January 1, 2025, shall be adjusted annually on January 1
   58  of each year for inflation using the percent change in the
   59  Consumer Price Index for All Urban Consumers, U.S. City Average,
   60  all items 1967=100, or successor reports for the preceding
   61  calendar year as initially reported by the United States
   62  Department of Labor, Bureau of Labor Statistics, if such percent
   63  change is positive, beginning the year following the effective
   64  date of such exemption.
   65         (b) Not more than one exemption shall be allowed any
   66  individual or family unit or with respect to any residential
   67  unit. No exemption shall exceed the value of the real estate
   68  assessable to the owner or, in case of ownership through stock
   69  or membership in a corporation, the value of the proportion
   70  which the interest in the corporation bears to the assessed
   71  value of the property.
   72         (c) By general law and subject to conditions specified
   73  therein, the Legislature may provide to renters, who are
   74  permanent residents, ad valorem tax relief on all ad valorem tax
   75  levies. Such ad valorem tax relief shall be in the form and
   76  amount established by general law.
   77         (d) The legislature may, by general law, allow counties or
   78  municipalities, for the purpose of their respective tax levies
   79  and subject to the provisions of general law, to grant either or
   80  both of the following additional homestead tax exemptions:
   81         (1) An exemption not exceeding fifty thousand dollars to a
   82  person who has the legal or equitable title to real estate and
   83  maintains thereon the permanent residence of the owner, who has
   84  attained age sixty-five, and whose household income, as defined
   85  by general law, does not exceed twenty thousand dollars; or
   86         (2) An exemption equal to the assessed value of the
   87  property to a person who has the legal or equitable title to
   88  real estate with a just value less than two hundred and fifty
   89  thousand dollars, as determined in the first tax year that the
   90  owner applies and is eligible for the exemption, and who has
   91  maintained thereon the permanent residence of the owner for not
   92  less than twenty-five years, who has attained age sixty-five,
   93  and whose household income does not exceed the income limitation
   94  prescribed in paragraph (1).
   95  
   96  The general law must allow counties and municipalities to grant
   97  these additional exemptions, within the limits prescribed in
   98  this subsection, by ordinance adopted in the manner prescribed
   99  by general law, and must provide for the periodic adjustment of
  100  the income limitation prescribed in this subsection for changes
  101  in the cost of living.
  102         (e)(1) Each veteran who is age 65 or older who is partially
  103  or totally permanently disabled shall receive a discount from
  104  the amount of the ad valorem tax otherwise owed on homestead
  105  property the veteran owns and resides in if the disability was
  106  combat related and the veteran was honorably discharged upon
  107  separation from military service. The discount shall be in a
  108  percentage equal to the percentage of the veteran’s permanent,
  109  service-connected disability as determined by the United States
  110  Department of Veterans Affairs. To qualify for the discount
  111  granted by this paragraph, an applicant must submit to the
  112  county property appraiser, by March 1, an official letter from
  113  the United States Department of Veterans Affairs stating the
  114  percentage of the veteran’s service-connected disability and
  115  such evidence that reasonably identifies the disability as
  116  combat related and a copy of the veteran’s honorable discharge.
  117  If the property appraiser denies the request for a discount, the
  118  appraiser must notify the applicant in writing of the reasons
  119  for the denial, and the veteran may reapply. The Legislature
  120  may, by general law, waive the annual application requirement in
  121  subsequent years.
  122         (2) If a veteran who receives the discount described in
  123  paragraph (1) predeceases his or her spouse, and if, upon the
  124  death of the veteran, the surviving spouse holds the legal or
  125  beneficial title to the homestead property and permanently
  126  resides thereon, the discount carries over to the surviving
  127  spouse until he or she remarries or sells or otherwise disposes
  128  of the homestead property. If the surviving spouse sells or
  129  otherwise disposes of the property, a discount not to exceed the
  130  dollar amount granted from the most recent ad valorem tax roll
  131  may be transferred to the surviving spouse’s new homestead
  132  property, if used as his or her permanent residence and he or
  133  she has not remarried.
  134         (3) This subsection is self-executing and does not require
  135  implementing legislation.
  136         (f) By general law and subject to conditions and
  137  limitations specified therein, the Legislature may provide ad
  138  valorem tax relief equal to the total amount or a portion of the
  139  ad valorem tax otherwise owed on homestead property to:
  140         (1) The surviving spouse of a veteran who died from
  141  service-connected causes while on active duty as a member of the
  142  United States Armed Forces.
  143         (2) The surviving spouse of a first responder who died in
  144  the line of duty.
  145         (3) A first responder who is totally and permanently
  146  disabled as a result of an injury or injuries sustained in the
  147  line of duty. Causal connection between a disability and service
  148  in the line of duty shall not be presumed but must be determined
  149  as provided by general law. For purposes of this paragraph, the
  150  term “disability” does not include a chronic condition or
  151  chronic disease, unless the injury sustained in the line of duty
  152  was the sole cause of the chronic condition or chronic disease.
  153         (4)The surviving spouse of a quadriplegic who was
  154  receiving a property tax exemption on real estate used and owned
  155  as a homestead at the time of the death of the quadriplegic.
  156  
  157  As used in this subsection and as further defined by general
  158  law, the term “first responder” means a law enforcement officer,
  159  a correctional officer, a firefighter, an emergency medical
  160  technician, or a paramedic, and the term “in the line of duty”
  161  means arising out of and in the actual performance of duty
  162  required by employment as a first responder.
  163                             ARTICLE XII                           
  164                              SCHEDULE                             
  165         Ad valorem tax exemption for surviving spouses of
  166  quadriplegics.—This section and the amendment to Section 6 of
  167  Article VII, authorizing the Legislature to provide for a
  168  homestead property tax exemption for the surviving spouse of a
  169  quadriplegic who was receiving a property tax exemption on real
  170  estate used and owned as a homestead at the time of the death of
  171  the quadriplegic, shall take effect January 1, 2027.
  172         BE IT FURTHER RESOLVED that the following statement be
  173  placed on the ballot:
  174                      CONSTITUTIONAL AMENDMENT                     
  175                       ARTICLE VII, SECTION 6                      
  176                             ARTICLE XII                           
  177         AD VALOREM TAX EXEMPTION FOR SURVIVING SPOUSES OF
  178  QUADRIPLEGICS.—Proposing an amendment to the State Constitution
  179  to authorize the Legislature to provide for a property tax
  180  exemption for the surviving spouse of a quadriplegic who was
  181  receiving a property tax exemption on real estate used and owned
  182  as a homestead at the time of his or her death. The amendment
  183  takes effect January 1, 2027.