House Bill hb0833

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    Florida House of Representatives - 2002                HJR 833

        By Representative Carassas






  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 3 of Article VII and the creation of

  4         Section 26 of Article XII of the State

  5         Constitution relating to tax exemption for

  6         property owned by municipalities or special

  7         districts.

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  9  Be It Resolved by the Legislature of the State of Florida:

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11         That the amendment to Section 3 of Article VII and the

12  creation of Section 26 of Article XII of the State

13  Constitution set forth below are agreed to and shall be

14  submitted to the electors of Florida for approval or rejection

15  at the general election to be held in November 2002:

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17                           ARTICLE VII

18                       FINANCE AND TAXATION

19         SECTION 3.  Taxes; exemptions.--

20         (a)  All property owned by a municipality or special

21  district and used exclusively by it for governmental or

22  municipal or public purposes shall be exempt from taxation.

23  All property not otherwise exempt from taxation owned by a

24  municipality or by a special district and used for the

25  purposes of transportation of passengers or cargo at airports

26  or deepwater seaports or used for purposes for which public

27  funds may be expended may be exempted from taxation as

28  provided by general law. A municipality, owning property

29  outside the municipality, may be required by general law to

30  make payment to the taxing unit in which the property is

31  located.  Such portions of property as are used predominantly

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    Florida House of Representatives - 2002                HJR 833

    757-119-02






  1  for 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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    Florida House of Representatives - 2002                HJR 833

    757-119-02






  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.

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19                           ARTICLE XII

20                             SCHEDULE

21         SECTION 26.  Municipal or special district

22  property.--The amendment to Section 3 of Article VII relating

23  to tax exemption for municipal or special district property

24  shall take effect January 1, 2003.

25         BE IT FURTHER RESOLVED that in accordance with the

26  requirements of section 101.161, Florida Statutes, the title

27  and substance of the amendment proposed herein shall appear on

28  the ballot as follows:

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30        TAXATION OF MUNICIPAL OR SPECIAL DISTRICT PROPERTY

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    Florida House of Representatives - 2002                HJR 833

    757-119-02






  1         Revises provisions which provide an ad valorem tax

  2  exemption for property owned by a municipality, to require

  3  that, to qualify for exemption, such property must be used for

  4  governmental or municipal purposes, rather than be used

  5  exclusively by the municipality for municipal or public

  6  purposes, and includes special district property within such

  7  exemption. Authorizes the Legislature to enact general laws to

  8  exempt from taxation municipal or special district property

  9  used for transporting passengers or cargo at airports or

10  deepwater seaports or used for purposes for which public funds

11  may be expended.

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