Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for SJR 1194
       
       
       
       
       
       
                                Ì8480821Î848082                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: NC/2R          .                                
             03/08/2016 01:36 PM       .                                
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       Senator Negron moved the following:
       
    1         Senate Amendment (with ballot and title amendments)
    2  
    3         Delete everything after the resolving clause
    4  and insert:
    5         That the following amendment to Section 6 of Article VII
    6  and the creation of a new section in Article XII of the State
    7  Constitution is agreed to and shall be submitted to the electors
    8  of this state for approval or rejection at the next general
    9  election or at an earlier special election specifically
   10  authorized by law for that purpose:
   11                             ARTICLE VII                           
   12                        FINANCE AND TAXATION                       
   13         SECTION 6. Homestead exemptions.—
   14         (a) Every person who has the legal or equitable title to
   15  real estate and maintains thereon the permanent residence of the
   16  owner, or another legally or naturally dependent upon the owner,
   17  shall be exempt from taxation thereon, except assessments for
   18  special benefits, up to the assessed valuation of twenty-five
   19  thousand dollars and, for all levies other than school district
   20  levies, on the assessed valuation greater than fifty thousand
   21  dollars and up to seventy-five thousand dollars, upon
   22  establishment of right thereto in the manner prescribed by law.
   23  The real estate may be held by legal or equitable title, by the
   24  entireties, jointly, in common, as a condominium, or indirectly
   25  by stock ownership or membership representing the owner’s or
   26  member’s proprietary interest in a corporation owning a fee or a
   27  leasehold initially in excess of ninety-eight years. The
   28  exemption shall not apply with respect to any assessment roll
   29  until such roll is first determined to be in compliance with the
   30  provisions of section 4 by a state agency designated by general
   31  law. This exemption is repealed on the effective date of any
   32  amendment to this Article which provides for the assessment of
   33  homestead property at less than just value.
   34         (b) Not more than one exemption shall be allowed any
   35  individual or family unit or with respect to any residential
   36  unit. No exemption shall exceed the value of the real estate
   37  assessable to the owner or, in case of ownership through stock
   38  or membership in a corporation, the value of the proportion
   39  which the interest in the corporation bears to the assessed
   40  value of the property.
   41         (c) By general law and subject to conditions specified
   42  therein, the Legislature may provide to renters, who are
   43  permanent residents, ad valorem tax relief on all ad valorem tax
   44  levies. Such ad valorem tax relief shall be in the form and
   45  amount established by general law.
   46         (d) The legislature may, by general law, allow counties or
   47  municipalities, for the purpose of their respective tax levies
   48  and subject to the provisions of general law, to grant either or
   49  both of the following additional homestead tax exemptions:
   50         (1) An exemption not exceeding fifty thousand dollars to
   51  any person who has the legal or equitable title to real estate
   52  and maintains thereon the permanent residence of the owner and
   53  who has attained age sixty-five and whose household income, as
   54  defined by general law, does not exceed twenty thousand dollars;
   55  or
   56         (2) An exemption equal to the assessed value of the
   57  property to any person who has the legal or equitable title to
   58  real estate with a just value less than two hundred and fifty
   59  thousand dollars and who has maintained thereon the permanent
   60  residence of the owner for not less than twenty-five years and
   61  who has attained age sixty-five and whose household income does
   62  not exceed the income limitation prescribed in paragraph (1).
   63  
   64  The general law must allow counties and municipalities to grant
   65  these additional exemptions, within the limits prescribed in
   66  this subsection, by ordinance adopted in the manner prescribed
   67  by general law, and must provide for the periodic adjustment of
   68  the income limitation prescribed in this subsection for changes
   69  in the cost of living.
   70         (e) Each veteran who is age 65 or older who is partially or
   71  totally permanently disabled shall receive a discount from the
   72  amount of the ad valorem tax otherwise owed on homestead
   73  property the veteran owns and resides in if the disability was
   74  combat related and the veteran was honorably discharged upon
   75  separation from military service. The discount shall be in a
   76  percentage equal to the percentage of the veteran’s permanent,
   77  service-connected disability as determined by the United States
   78  Department of Veterans Affairs. To qualify for the discount
   79  granted by this subsection, an applicant must submit to the
   80  county property appraiser, by March 1, an official letter from
   81  the United States Department of Veterans Affairs stating the
   82  percentage of the veteran’s service-connected disability and
   83  such evidence that reasonably identifies the disability as
   84  combat related and a copy of the veteran’s honorable discharge.
   85  If the property appraiser denies the request for a discount, the
   86  appraiser must notify the applicant in writing of the reasons
   87  for the denial, and the veteran may reapply. The Legislature
   88  may, by general law, waive the annual application requirement in
   89  subsequent years. This subsection is self-executing and does not
   90  require implementing legislation.
   91         (f) By general law and subject to conditions and
   92  limitations specified therein, the Legislature may provide ad
   93  valorem tax relief equal to the total amount or a portion of the
   94  ad valorem tax otherwise owed on homestead property to the:
   95         (1) The surviving spouse of a veteran who died from
   96  service-connected causes while on active duty as a member of the
   97  United States Armed Forces.
   98         (2) The surviving spouse of a first responder who died in
   99  the line of duty.
  100         (3) A first responder who is totally and permanently
  101  disabled as a result of an injury or injuries sustained in the
  102  line of duty. Causal connection between a disability and service
  103  in the line of duty shall not be presumed but must be determined
  104  as provided by general law. For purposes of this paragraph, the
  105  term “disability” does not include a chronic condition or
  106  chronic disease, unless the injury sustained in the line of duty
  107  was the sole cause of the chronic condition or chronic disease.
  108  
  109  As used in this subsection and as further defined by general
  110  law, the term:
  111         a. “first responder” means a law enforcement officer, a
  112  correctional officer, a firefighter, an emergency medical
  113  technician, or a paramedic, and the term.
  114         b. “in the line of duty” means arising out of and in the
  115  actual performance of duty required by employment as a first
  116  responder.
  117                             ARTICLE XII                           
  118                              SCHEDULE                             
  119         Tax exemption for totally and permanently disabled first
  120  responders.—The amendment to Section 6 of Article VII relating
  121  to relief from ad valorem taxes assessed on homestead property
  122  for first responders, who are totally and permanently disabled
  123  as a result of injuries sustained in the line of duty, takes
  124  effect January 1, 2017.
  125  
  126  ====== B A L L O T  S T A T E M E N T  A M E N D M E N T ======
  127  And the ballot statement is amended as follows:
  128         Delete everything after the resolving clause
  129  and insert:
  130                      CONSTITUTIONAL AMENDMENT                     
  131                       ARTICLE VII, SECTION 6                      
  132                             ARTICLE XII                           
  133         TAX EXEMPTION FOR TOTALLY AND PERMANENTLY DISABLED FIRST
  134  RESPONDERS.—Proposing an amendment to the State Constitution to
  135  authorize a first responder, who is totally and permanently
  136  disabled as a result of injuries sustained in the line of duty,
  137  to receive relief from ad valorem taxes assessed on homestead
  138  property, if authorized by general law. If approved by voters,
  139  the amendment takes effect January 1, 2017.
  140  
  141  ================= T I T L E  A M E N D M E N T ================
  142  And the title is amended as follows:
  143         Delete everything before the resolving clause
  144  and insert:
  145                        A bill to be entitled                      
  146         A joint resolution proposing an amendment to Section 6
  147         of Article VII and the creation of a new section in
  148         Article XII of the State Constitution to authorize a
  149         first responder, who is totally and permanently
  150         disabled as a result of an injury sustained in the
  151         line of duty, to receive relief from ad valorem taxes
  152         assessed on homestead property, if authorized by
  153         general law, and to provide an effective date.