Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for SJR 532
       
       
       
       
       
       
                                Barcode 179426                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/30/2009 04:30 PM       .                                
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       Senators Lynn and Altman moved the following:
       
    1         Senate Substitute for Amendment (239820) (with title
    2  amendment)
    3  
    4         Delete lines 138 - 332
    5  and insert:
    6  changes in assessments shall not exceed five ten percent (10%)
    7  of the assessment for the prior year.
    8         (2) No assessment shall exceed just value.
    9         (3) After a change of ownership or control, as defined by
   10  general law, including any change of ownership of a legal entity
   11  that owns the property, such property shall be assessed at just
   12  value as of the next assessment date. Thereafter, such property
   13  shall be assessed as provided in this subsection.
   14         (4) Changes, additions, reductions, or improvements to such
   15  property shall be assessed as provided for by general law;
   16  however, after the adjustment for any change, addition,
   17  reduction, or improvement, the property shall be assessed as
   18  provided in this subsection.
   19         (h) For all levies other than school district levies,
   20  assessments of real property that is not subject to the
   21  assessment limitations set forth in subsections (a) through (d)
   22  and (g) shall change only as provided in this subsection.
   23         (1) Assessments subject to this subsection shall be changed
   24  annually on the date of assessment provided by law; but those
   25  changes in assessments shall not exceed five ten percent (10%)
   26  of the assessment for the prior year.
   27         (2) No assessment shall exceed just value.
   28         (3) The legislature must provide that such property shall
   29  be assessed at just value as of the next assessment date after a
   30  qualifying improvement, as defined by general law, is made to
   31  such property. Thereafter, such property shall be assessed as
   32  provided in this subsection.
   33         (4) The legislature may provide that such property shall be
   34  assessed at just value as of the next assessment date after a
   35  change of ownership or control, as defined by general law,
   36  including any change of ownership of the legal entity that owns
   37  the property. Thereafter, such property shall be assessed as
   38  provided in this subsection.
   39         (5) Changes, additions, reductions, or improvements to such
   40  property shall be assessed as provided for by general law;
   41  however, after the adjustment for any change, addition,
   42  reduction, or improvement, the property shall be assessed as
   43  provided in this subsection.
   44         (i) The legislature, by general law and subject to
   45  conditions specified therein, may prohibit the consideration of
   46  the following in the determination of the assessed value of real
   47  property used for residential purposes:
   48         (1) Any change or improvement made for the purpose of
   49  improving the property’s resistance to wind damage.
   50         (2) The installation of a renewable energy source device.
   51         (j)(1) The assessment of the following working waterfront
   52  properties shall be based upon the current use of the property:
   53         a. Land used predominantly for commercial fishing purposes.
   54         b. Land that is accessible to the public and used for
   55  vessel launches into waters that are navigable.
   56         c. Marinas and drystacks that are open to the public.
   57         d. Water-dependent marine manufacturing facilities,
   58  commercial fishing facilities, and marine vessel construction
   59  and repair facilities and their support activities.
   60         (2) The assessment benefit provided by this subsection is
   61  subject to conditions and limitations and reasonable definitions
   62  as specified by the legislature by general law.
   63         SECTION 6. Homestead exemptions.—
   64         (a) Every person who has the legal or equitable title to
   65  real estate and maintains thereon the permanent residence of the
   66  owner, or another legally or naturally dependent upon the owner,
   67  shall be exempt from taxation thereon, except assessments for
   68  special benefits, up to the assessed valuation of twenty-five
   69  thousand dollars and, for all levies other than school district
   70  levies, on the assessed valuation greater than fifty thousand
   71  dollars and up to seventy-five thousand dollars, upon
   72  establishment of right thereto in the manner prescribed by law.
   73  The real estate may be held by legal or equitable title, by the
   74  entireties, jointly, in common, as a condominium, or indirectly
   75  by stock ownership or membership representing the owner’s or
   76  member’s proprietary interest in a corporation owning a fee or a
   77  leasehold initially in excess of ninety-eight years. The
   78  exemption shall not apply with respect to any assessment roll
   79  until such roll is first determined to be in compliance with the
   80  provisions of section 4 by a state agency designated by general
   81  law. This exemption is repealed on the effective date of any
   82  amendment to this Article which provides for the assessment of
   83  homestead property at less than just value.
   84         (b) Not more than one exemption shall be allowed any
   85  individual or family unit or with respect to any residential
   86  unit. No exemption shall exceed the value of the real estate
   87  assessable to the owner or, in case of ownership through stock
   88  or membership in a corporation, the value of the proportion
   89  which the interest in the corporation bears to the assessed
   90  value of the property.
   91         (c) By general law and subject to conditions specified
   92  therein, the Legislature may provide to renters, who are
   93  permanent residents, ad valorem tax relief on all ad valorem tax
   94  levies. Such ad valorem tax relief shall be in the form and
   95  amount established by general law.
   96         (d) The legislature may, by general law, allow counties or
   97  municipalities, for the purpose of their respective tax levies
   98  and subject to the provisions of general law, to grant an
   99  additional homestead tax exemption not exceeding fifty thousand
  100  dollars to any person who has the legal or equitable title to
  101  real estate and maintains thereon the permanent residence of the
  102  owner and who has attained age sixty-five and whose household
  103  income, as defined by general law, does not exceed twenty
  104  thousand dollars. The general law must allow counties and
  105  municipalities to grant this additional exemption, within the
  106  limits prescribed in this subsection, by ordinance adopted in
  107  the manner prescribed by general law, and must provide for the
  108  periodic adjustment of the income limitation prescribed in this
  109  subsection for changes in the cost of living.
  110         (e) Each veteran who is age 65 or older who is partially or
  111  totally permanently disabled shall receive a discount from the
  112  amount of the ad valorem tax otherwise owed on homestead
  113  property the veteran owns and resides in if the disability was
  114  combat related, the veteran was a resident of this state at the
  115  time of entering the military service of the United States, and
  116  the veteran was honorably discharged upon separation from
  117  military service. The discount shall be in a percentage equal to
  118  the percentage of the veteran’s permanent, service-connected
  119  disability as determined by the United States Department of
  120  Veterans Affairs. To qualify for the discount granted by this
  121  subsection, an applicant must submit to the county property
  122  appraiser, by March 1, proof of residency at the time of
  123  entering military service, an official letter from the United
  124  States Department of Veterans Affairs stating the percentage of
  125  the veteran’s service-connected disability and such evidence
  126  that reasonably identifies the disability as combat related, and
  127  a copy of the veteran’s honorable discharge. If the property
  128  appraiser denies the request for a discount, the appraiser must
  129  notify the applicant in writing of the reasons for the denial,
  130  and the veteran may reapply. The Legislature may, by general
  131  law, waive the annual application requirement in subsequent
  132  years. This subsection shall take effect December 7, 2006, is
  133  self-executing, and does not require implementing legislation.
  134         (f)(1)By general law, and subject to conditions specified
  135  therein, the legislature shall provide an additional homestead
  136  exemption to the person or persons who:
  137         a.Establish the right to receive the homestead exemption
  138  in subsection (a) within one year after purchasing the homestead
  139  property; and
  140         b.Have not owned a principal residence during the eight
  141  year period before the purchase. For married persons, neither
  142  the purchaser nor his or her spouse may have owned a principal
  143  residence during the preceding eight years.
  144         (2)The additional homestead exemption shall equal 25
  145  percent of the just value of the property on January 1 of the
  146  year in which the homestead exemption in subsection (a) is
  147  received, but not more than $100,000.
  148         a.The amount of the additional exemption shall be reduced
  149  in each subsequent year by an amount equal to twenty percent of
  150  the amount of the initial additional exemption or by an amount
  151  equal to the difference between the just value of the property
  152  and the assessed value determined under subsection (d) of
  153  section 4 of this Article, whichever is greater.
  154         b.The additional homestead exemption shall not apply after
  155  the fifth year after the initial additional exemption is
  156  granted.
  157         (3)Only one additional exemption under this subsection may
  158  apply to a single homestead property.
  159                             ARTICLE XII                           
  160                              SCHEDULE                             
  161         Property tax limit for nonhomestead property.—The amendment
  162  to Section 4 of Article VII reducing the limit on the maximum
  163  annual increase in the assessed value of nonhomestead property
  164  to five percent from ten percent and this section shall take
  165  effect January 1, 20ll.
  166         Additional homestead exemption for first-time homestead
  167  property owners.—The amendment to subsection (f) of Section 6 of
  168  Article VII providing for an additional homestead exemption for
  169  persons who have not owned a principal residence within an
  170  eight-year period and this section shall take effect January 1,
  171  2011, and shall be available for properties purchased on or
  172  after January 1, 2010.
  173                      CONSTITUTIONAL AMENDMENTS                    
  174                    ARTICLE VII, SECTIONS 4 and 6                  
  175                             ARTICLE XII                           
  176         PROPERTY TAX LIMIT FOR NONHOMESTEAD PROPERTY; ADDITIONAL
  177  HOMESTEAD EXEMPTION FOR NEW HOMESTEAD OWNERS.—The State
  178  Constitution generally limits the maximum annual increase in the
  179  assessed value of nonhomestead property to 10 percent annually.
  180  This proposed amendment reduces the maximum annual increase in
  181  the assessed values of those properties to 5 percent annually.
  182         This amendment also requires the Legislature to provide an
  183  additional homestead exemption for persons who have not owned a
  184  principal residence during the preceding 8 years. Under the
  185  exemption, 25 percent of the just value of a first-time
  186  homestead, up to $100,000, will be exempt from property taxes.
  187  The amount of the additional exemption will decrease in each
  188  succeeding year for 5 years by the greater of 20 percent of the
  189  initial additional exemption or the difference between the just
  190  value and the assessed value of the property. The additional
  191  exemption will not be available in the 6th and subsequent years.
  192  
  193  
  194  ================= T I T L E  A M E N D M E N T ================
  195         And the title is amended as follows:
  196         Delete lines 8 - 9
  197  and insert:
  198         persons who have not owned a principal residence
  199         within the preceding 8 years.