HJR 439

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 6 of
3Article VII of the State Constitution to expand the
4availability of the property tax discount on the
5homesteads of veterans who became disabled as the result
6of a combat injury to veterans who were not Florida
7residents when they entered the military.
8
9Be It Resolved by the Legislature of the State of Florida:
10
11     That the following amendment to Section 6 of Article VII of
12the State Constitution is agreed to and shall be submitted to
13the electors of this state for approval or rejection at the next
14general election or at an earlier special election specifically
15authorized by law for that purpose:
16
ARTICLE VII
17
FINANCE AND TAXATION
18     SECTION 6.  Homestead exemptions.-
19     (a)  Every person who has the legal or equitable title to
20real estate and maintains thereon the permanent residence of the
21owner, or another legally or naturally dependent upon the owner,
22shall be exempt from taxation thereon, except assessments for
23special benefits, up to the assessed valuation of twenty-five
24thousand dollars and, for all levies other than school district
25levies, on the assessed valuation greater than fifty thousand
26dollars and up to seventy-five thousand dollars, upon
27establishment of right thereto in the manner prescribed by law.
28The real estate may be held by legal or equitable title, by the
29entireties, jointly, in common, as a condominium, or indirectly
30by stock ownership or membership representing the owner's or
31member's proprietary interest in a corporation owning a fee or a
32leasehold initially in excess of ninety-eight years. The
33exemption shall not apply with respect to any assessment roll
34until such roll is first determined to be in compliance with the
35provisions of section 4 by a state agency designated by general
36law. This exemption is repealed on the effective date of any
37amendment to this Article which provides for the assessment of
38homestead property at less than just value.
39     (b)  Not more than one exemption shall be allowed any
40individual or family unit or with respect to any residential
41unit. No exemption shall exceed the value of the real estate
42assessable to the owner or, in case of ownership through stock
43or membership in a corporation, the value of the proportion
44which the interest in the corporation bears to the assessed
45value of the property.
46     (c)  By general law and subject to conditions specified
47therein, the Legislature may provide to renters, who are
48permanent residents, ad valorem tax relief on all ad valorem tax
49levies. Such ad valorem tax relief shall be in the form and
50amount established by general law.
51     (d)  The legislature may, by general law, allow counties or
52municipalities, for the purpose of their respective tax levies
53and subject to the provisions of general law, to grant an
54additional homestead tax exemption not exceeding fifty thousand
55dollars to any person who has the legal or equitable title to
56real estate and maintains thereon the permanent residence of the
57owner and who has attained age sixty-five and whose household
58income, as defined by general law, does not exceed twenty
59thousand dollars. The general law must allow counties and
60municipalities to grant this additional exemption, within the
61limits prescribed in this subsection, by ordinance adopted in
62the manner prescribed by general law, and must provide for the
63periodic adjustment of the income limitation prescribed in this
64subsection for changes in the cost of living.
65     (e)  Each veteran who is age 65 or older who is partially
66or totally permanently disabled shall receive a discount from
67the amount of the ad valorem tax otherwise owed on homestead
68property the veteran owns and resides in if the disability was
69combat related, the veteran was a resident of this state at the
70time of entering the military service of the United States, and
71the veteran was honorably discharged upon separation from
72military service. The discount shall be in a percentage equal to
73the percentage of the veteran's permanent, service-connected
74disability as determined by the United States Department of
75Veterans Affairs. To qualify for the discount granted by this
76subsection, an applicant must submit to the county property
77appraiser, by March 1, proof of residency at the time of
78entering military service, an official letter from the United
79States Department of Veterans Affairs stating the percentage of
80the veteran's service-connected disability and such evidence
81that reasonably identifies the disability as combat related, and
82a copy of the veteran's honorable discharge. If the property
83appraiser denies the request for a discount, the appraiser must
84notify the applicant in writing of the reasons for the denial,
85and the veteran may reapply. The Legislature may, by general
86law, waive the annual application requirement in subsequent
87years. This subsection shall take effect December 7, 2006, is
88self-executing, and does not require implementing legislation.
89     BE IT FURTHER RESOLVED that the following statement be
90placed on the ballot:
91
CONSTITUTIONAL AMENDMENT
92
ARTICLE VII, SECTION 6
93     DISABLED VETERAN'S PROPERTY TAX DISCOUNT.-Proposing an
94amendment to the State Constitution to expand the availability
95of the property discount on the homesteads of veterans who
96became disabled as the result of a combat injury to veterans who
97were not Florida residents when they entered the military.


CODING: Words stricken are deletions; words underlined are additions.