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