Senate Bill sb1352

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    Florida Senate - 2003                                 SJR 1352

    By the Committee on Comprehensive Planning





    316-1134-03

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing an amendment to

  3         Section 6 of Article VII of the State

  4         Constitution to revise the exemption of

  5         homestead property from taxation.

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

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  9         That the following amendment to Section 6 of Article

10  VII of the State Constitution is agreed to and shall be

11  submitted to the electors of this state for approval or

12  rejection at the next general election and, if approved, shall

13  take effect January 1, 2005:

14                           ARTICLE VII

15                       FINANCE AND TAXATION

16         SECTION 6.  Homestead exemptions.--

17         (a)  Every person who has the legal or equitable title

18  to real estate and maintains thereon the permanent residence

19  of the owner, or another legally or naturally dependent upon

20  the owner, shall be exempt from taxation thereon, except

21  assessments for special benefits, up to an amount equal to

22  one-half of the assessed valuation of the real estate or

23  twenty-five thousand dollars, whichever is less five thousand

24  dollars, upon establishment of right thereto in the manner

25  prescribed by law. The real estate may be held by legal or

26  equitable title, by the entireties, jointly, in common, as a

27  condominium, or indirectly by stock ownership or membership

28  representing the owner's or member's proprietary interest in a

29  corporation owning a fee or a leasehold initially in excess of

30  ninety-eight years.

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    Florida Senate - 2003                                 SJR 1352
    316-1134-03




  1         (b)  Not more than one exemption shall be allowed any

  2  individual or family unit or with respect to any residential

  3  unit. No exemption shall exceed the value of the real estate

  4  assessable to the owner or, in case of ownership through stock

  5  or membership in a corporation, the value of the proportion

  6  which the interest in the corporation bears to the assessed

  7  value of the property. The exemption does not apply with

  8  respect to any assessment roll until that roll is first

  9  determined to be in compliance with section 4 by a state

10  agency designated by general law.

11         (c)  By general law and subject to conditions specified

12  therein, the exemption shall be increased to a total of

13  twenty-five thousand dollars of the assessed value of the real

14  estate for each school district levy. By general law and

15  subject to conditions specified therein, the exemption for all

16  other levies may be increased up to an amount not exceeding

17  ten thousand dollars of the assessed value of the real estate

18  if the owner has attained age sixty-five or is totally and

19  permanently disabled and if the owner is not entitled to the

20  exemption provided in subsection (d).

21         (d)  By general law and subject to conditions specified

22  therein, the exemption shall be increased to a total of the

23  following amounts of assessed value of real estate for each

24  levy other than those of school districts: fifteen thousand

25  dollars with respect to 1980 assessments; twenty thousand

26  dollars with respect to 1981 assessments; twenty-five thousand

27  dollars with respect to assessments for 1982 and each year

28  thereafter. However, such increase shall not apply with

29  respect to any assessment roll until such roll is first

30  determined to be in compliance with the provisions of section

31  4 by a state agency designated by general law.  This

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    Florida Senate - 2003                                 SJR 1352
    316-1134-03




  1  subsection shall stand repealed on the effective date of any

  2  amendment to section 4 which provides for the assessment of

  3  homestead property at a specified percentage of its just

  4  value.

  5         (c)(e)  By general law and subject to conditions

  6  specified therein, the Legislature may provide to renters, who

  7  are permanent residents, ad valorem tax relief on all ad

  8  valorem tax levies. Such ad valorem tax relief shall be in the

  9  form and amount established by general law.

10         (d)(f)  The legislature may, by general law, allow

11  counties or municipalities, for the purpose of their

12  respective tax levies and subject to the provisions of general

13  law, to grant an additional homestead tax exemption not

14  exceeding twenty-five thousand dollars to any person who has

15  the legal or equitable title to real estate and maintains

16  thereon the permanent residence of the owner and who has

17  attained age sixty-five and whose household income, as defined

18  by general law, does not exceed twenty thousand dollars.  The

19  general law must allow counties and municipalities to grant

20  this additional exemption, within the limits prescribed in

21  this subsection, by ordinance adopted in the manner prescribed

22  by general law, and must provide for the periodic adjustment

23  of the income limitation prescribed in this subsection for

24  changes in the cost of living.

25         BE IT FURTHER RESOLVED that the following statement be

26  placed on the ballot:

27                     CONSTITUTIONAL AMENDMENT

28                      ARTICLE VII, SECTION 6

29         HOMESTEAD TAX EXEMPTION.--Proposing an amendment to the

30  State Constitution, effective January 1, 2005, to limit the

31  homestead tax exemption to $25,000 or an amount equal to

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    Florida Senate - 2003                                 SJR 1352
    316-1134-03




  1  one-half of the assessed valuation of the property, whichever

  2  is less.

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