HOUSE AMENDMENT
    739-104AX-05                               Bill No. CS/HJR 295
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Weissman offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the resolving clause
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16  and insert in lieu thereof:  
17         That the following amendments to Sections 3 and 4 of
18  Article VII of the State Constitution are agreed to and shall
19  be submitted to the electors of this state for approval or
20  rejection at the next general election or at an earlier
21  special election specifically authorized by law for that
22  purpose:
23                           ARTICLE VII
24                       FINANCE AND TAXATION
25         SECTION 3.  Taxes; exemptions.--
26         (a)  All property owned by a municipality and used
27  exclusively by it for municipal or public purposes shall be
28  exempt from taxation.  A municipality, owning property outside
29  the municipality, may be required by general law to make
30  payment to the taxing unit in which the property is located.
31  Such portions of property as are used predominantly for
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    File original & 9 copies    04/26/01                          
    hbd0002                     09:50 am         00295-0090-103337
                                                   HOUSE AMENDMENT
    739-104AX-05                               Bill No. CS/HJR 295
    Amendment No. ___ (for drafter's use only)
 1  educational, literary, scientific, religious or charitable
 2  purposes may be exempted by general law from taxation.
 3         (b)  There shall be exempt from taxation, cumulatively,
 4  to every head of a family residing in this state, household
 5  goods and personal effects to the value fixed by general law,
 6  not less than one thousand dollars, and to every widow or
 7  widower or person who is blind or totally and permanently
 8  disabled, property to the value fixed by general law not less
 9  than five hundred dollars.
10         (c)  Any county or municipality may, for the purpose of
11  its respective tax levy and subject to the provisions of this
12  subsection and general law, grant community and economic
13  development ad valorem tax exemptions to new businesses and
14  expansions of existing businesses, as defined by general law.
15  Such an exemption may be granted only by ordinance of the
16  county or municipality, and only after the electors of the
17  county or municipality voting on such question in a referendum
18  authorize the county or municipality to adopt such ordinances.
19  An exemption so granted shall apply to improvements to real
20  property made by or for the use of a new business and
21  improvements to real property related to the expansion of an
22  existing business and shall also apply to tangible personal
23  property of such new business and tangible personal property
24  related to the expansion of an existing business. The amount
25  or limits of the amount of such exemption shall be specified
26  by general law.  The period of time for which such exemption
27  may be granted to a new business or expansion of an existing
28  business shall be determined by general law.  The authority to
29  grant such exemption shall expire ten years from the date of
30  approval by the electors of the county or municipality, and
31  may be renewable by referendum as provided by general law.
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    File original & 9 copies    04/26/01                          
    hbd0002                     09:50 am         00295-0090-103337
                                                   HOUSE AMENDMENT
    739-104AX-05                               Bill No. CS/HJR 295
    Amendment No. ___ (for drafter's use only)
 1         (d)  By general law and subject to conditions specified
 2  therein, there may be granted an ad valorem tax exemption to a
 3  renewable energy source device and to real property on which
 4  such device is installed and operated, to the value fixed by
 5  general law not to exceed the original cost of the device, and
 6  for the period of time fixed by general law not to exceed ten
 7  years.
 8         (e)  Any county or municipality may, for the purpose of
 9  its respective tax levy and subject to the provisions of this
10  subsection and general law, grant historic preservation ad
11  valorem tax exemptions to owners of historic properties.  This
12  exemption may be granted only by ordinance of the county or
13  municipality.  The amount or limits of the amount of this
14  exemption and the requirements for eligible properties must be
15  specified by general law.  The period of time for which this
16  exemption may be granted to a property owner shall be
17  determined by general law.
18         (f)  By general law and subject to conditions specified
19  therein, there may be granted an ad valorem tax exemption for
20  value attributable to improvements made for purposes of
21  disaster preparedness.
22         SECTION 4.  Taxation; assessments.--By general law
23  regulations shall be prescribed which shall secure a just
24  valuation of all property for ad valorem taxation, provided:
25         (a)  Agricultural land, land producing high water
26  recharge to Florida's aquifers or land used exclusively for
27  non-commercial recreational purposes may be classified by
28  general law and assessed solely on the basis of character or
29  use.
30         (b)  Pursuant to general law tangible personal property
31  held for sale as stock in trade and livestock may be valued
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    File original & 9 copies    04/26/01                          
    hbd0002                     09:50 am         00295-0090-103337
                                                   HOUSE AMENDMENT
    739-104AX-05                               Bill No. CS/HJR 295
    Amendment No. ___ (for drafter's use only)
 1  for taxation at a specified percentage of its value, may be
 2  classified for tax purposes, or may be exempted from taxation.
 3         (c)  All persons entitled to a homestead exemption
 4  under Section 6 of this Article shall have their homestead
 5  assessed at just value as of January 1 of the year following
 6  the effective date of this amendment.  This assessment shall
 7  change only as provided herein.
 8         1.  Assessments subject to this provision shall be
 9  changed annually on January 1st of each year; but those
10  changes in assessments shall not exceed the lower of the
11  following:
12         (A)  three percent (3%) of the assessment for the prior
13  year.
14         (B)  the percent change in the Consumer Price Index for
15  all urban consumers, U.S. City Average, all items 1967=100, or
16  successor reports for the preceding calendar year as initially
17  reported by the United States Department of Labor, Bureau of
18  Labor Statistics.
19         2.  No assessment shall exceed just value.
20         3.  After any change of ownership, as provided by
21  general law, homestead property shall be assessed at just
22  value as of January 1 of the following year.  Thereafter, the
23  homestead shall be assessed as provided herein.
24         4.  New homestead property shall be assessed at just
25  value as of January 1st of the year following the
26  establishment of the homestead. That assessment shall only
27  change as provided herein.
28         5.  Changes, additions, reductions or improvements to
29  homestead property shall be assessed as provided for by
30  general law; provided, however, after the adjustment for any
31  change, addition, reduction or improvement, the property shall
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    File original & 9 copies    04/26/01                          
    hbd0002                     09:50 am         00295-0090-103337
                                                   HOUSE AMENDMENT
    739-104AX-05                               Bill No. CS/HJR 295
    Amendment No. ___ (for drafter's use only)
 1  be assessed as provided herein.
 2         6.  In the event of a termination of homestead status,
 3  the property shall be assessed as provided by general law.
 4         7.  The provisions of this amendment are severable.  If
 5  any of the provisions of this amendment shall be held
 6  unconstitutional by any court of competent jurisdiction, the
 7  decision of such court shall not affect or impair any
 8  remaining provisions of this amendment.
 9         (d)  The legislature may, by general law, for
10  assessment purposes and subject to the provisions of this
11  subsection, allow counties and municipalities to authorize by
12  ordinance that historic property may be assessed solely on the
13  basis of character or use.  Such character or use assessment
14  shall apply only to the jurisdiction adopting the ordinance.
15  The requirements for eligible properties must be specified by
16  general law.
17         (e)  A county may, in the manner prescribed by general
18  law, provide for a reduction in the assessed value of
19  homestead property to the extent of any increase in the
20  assessed value of that property which results from the
21  construction or reconstruction of the property for the purpose
22  of providing living quarters for one or more natural or
23  adoptive grandparents or parents of the owner of the property
24  or of the owner's spouse if at least one of the grandparents
25  or parents for whom the living quarters are provided is 62
26  years of age or older. Such a reduction may not exceed the
27  lesser of the following:
28         1.  The increase in assessed value resulting from
29  construction or reconstruction of the property.
30         2.  Twenty percent of the total assessed value of the
31  property as improved.
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    File original & 9 copies    04/26/01                          
    hbd0002                     09:50 am         00295-0090-103337
                                                   HOUSE AMENDMENT
    739-104AX-05                               Bill No. CS/HJR 295
    Amendment No. ___ (for drafter's use only)
 1         BE IT FURTHER RESOLVED that in accordance with the
 2  requirements of section 101.161, Florida Statutes, the title
 3  and substance of the amendment proposed herein shall appear on
 4  the ballot as follows:
 5               EXEMPTIONS FOR DISASTER PREPAREDNESS
 6                  AND FOR CONSTRUCTION OF LIVING
 7               QUARTERS FOR PARENTS OR GRANDPARENTS
 8         Proposes amendments to the State Constitution to allow
 9  an ad ad valorem tax exemption for property value attributable
10  to improvements made for purposes of disaster preparedness,
11  and to allow counties to exempt from taxation an increase in
12  the assessed value of homestead property resulting from
13  constructing living quarters for a parent or grandparent of
14  the property owner or the property owner's spouse who is 62
15  years old or older. Limits the amount of the exemption for
16  construction of such living quarters to the increase in
17  assessed value resulting from such construction or 20 percent
18  of the total assessed value of the property as improved,
19  whichever is less.
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22  ================ T I T L E   A M E N D M E N T ===============
23  And the title is amended as follows:
24  remove from the title of the bill:  the entire title
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26  and insert in lieu thereof:
27                  House Joint Resolution
28         A joint resolution proposing amendments to
29         Sections 3 and 4 of Article VII of the State
30         Constitution, relating to finance and taxation,
31         to allow the Legislature by general law to
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    File original & 9 copies    04/26/01                          
    hbd0002                     09:50 am         00295-0090-103337
                                                   HOUSE AMENDMENT
    739-104AX-05                               Bill No. CS/HJR 295
    Amendment No. ___ (for drafter's use only)
 1         exclude from assessed value for ad valorem tax
 2         purposes value attributable to improvements
 3         made for purposes of disaster preparedness and
 4         to allow counties to provide for a reduction in
 5         the assessed value of homestead property equal
 6         to the increase in such value which results
 7         from constructing living quarters for certain
 8         persons over 62 years of age or older.
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    File original & 9 copies    04/26/01                          
    hbd0002                     09:50 am         00295-0090-103337