Amendment
Bill No. 7089
Amendment No. 915633
CHAMBER ACTION
Senate House
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1Representative(s) Sansom and Lopez-Cantera offered the
2following:
3
4     Substitute Amendment for Amendment (267019) (with ballot
5statement and title amendments)
6     Remove lines 22-380, and insert:
7     That the following amendments to Sections 3, 4, 6, and 9 of
8Article VII and the creation of Section 19 of Article VII and
9Section 27 of Article XII of the State Constitution are agreed
10to and shall be submitted to the electors of this state for
11approval or rejection at the next general election or at an
12earlier special election specifically authorized by law for that
13purpose:
14
ARTICLE VII
15
FINANCE AND TAXATION
16     SECTION 3.  Taxes; exemptions.--
17     (a)  All property owned by a municipality and used
18exclusively by it for municipal or public purposes shall be
19exempt from taxation. A municipality, owning property outside
20the municipality, may be required by general law to make payment
21to the taxing unit in which the property is located. Such
22portions of property as are used predominantly for educational,
23literary, scientific, religious or charitable purposes may be
24exempted by general law from taxation.
25     (b)  There shall be exempt from taxation, cumulatively, to
26every head of a family residing in this state, household goods
27and personal effects to the value fixed by general law, not less
28than one thousand dollars, and to every widow or widower or
29person who is blind or totally and permanently disabled,
30property to the value fixed by general law not less than five
31hundred dollars.
32     (c)  Any county or municipality may, for the purpose of its
33respective tax levy and subject to the provisions of this
34subsection and general law, grant community and economic
35development ad valorem tax exemptions to new businesses and
36expansions of existing businesses, as defined by general law.
37Such an exemption may be granted only by ordinance of the county
38or municipality, and only after the electors of the county or
39municipality voting on such question in a referendum authorize
40the county or municipality to adopt such ordinances. An
41exemption so granted shall apply to improvements to real
42property made by or for the use of a new business and
43improvements to real property related to the expansion of an
44existing business and shall also apply to tangible personal
45property of such new business and tangible personal property
46related to the expansion of an existing business. The amount or
47limits of the amount of such exemption shall be specified by
48general law. The period of time for which such exemption may be
49granted to a new business or expansion of an existing business
50shall be determined by general law. The authority to grant such
51exemption shall expire ten years from the date of approval by
52the electors of the county or municipality, and may be renewable
53by referendum as provided by general law.
54     (d)  By general law and subject to conditions specified
55therein, there may be granted an ad valorem tax exemption to a
56renewable energy source device and to real property on which
57such device is installed and operated, to the value fixed by
58general law not to exceed the original cost of the device, and
59for the period of time fixed by general law not to exceed ten
60years.
61     (e)  Any county or municipality may, for the purpose of its
62respective tax levy and subject to the provisions of this
63subsection and general law, grant historic preservation ad
64valorem tax exemptions to owners of historic properties. This
65exemption may be granted only by ordinance of the county or
66municipality. The amount or limits of the amount of this
67exemption and the requirements for eligible properties must be
68specified by general law. The period of time for which this
69exemption may be granted to a property owner shall be determined
70by general law.
71     (f)  By general law and subject to conditions specified
72therein, tangible personal property up to a value of twenty-five
73thousand dollars shall be exempt from taxation.
74     SECTION 4.  Taxation; assessments.--
75     By general law regulations shall be prescribed which shall
76secure a just valuation of all property for ad valorem taxation,
77provided:
78     (a)  Agricultural land, land producing high water recharge
79to Florida's aquifers, or land used exclusively for
80noncommercial recreational purposes may be classified by general
81law and assessed solely on the basis of character or use.
82     (b)  Pursuant to general law tangible personal property
83held for sale as stock in trade and livestock may be valued for
84taxation at a specified percentage of its value, may be
85classified for tax purposes, or may be exempted from taxation.
86     (c)  All persons entitled to a homestead exemption under
87Section 6 of this Article shall have their homestead assessed at
88just value as of January 1 of the year following the effective
89date of this amendment. This assessment shall change only as
90provided herein.
91     (1)  Assessments subject to this provision shall be changed
92annually on January 1st of each year; but those changes in
93assessments shall not exceed the lower of the following:
94     a.  Three percent (3%) of the assessment for the prior
95year.
96     b.  The percent change in the Consumer Price Index for all
97urban consumers, U.S. City Average, all items 1967=100, or
98successor reports for the preceding calendar year as initially
99reported by the United States Department of Labor, Bureau of
100Labor Statistics.
101     (2)  No assessment shall exceed just value.
102     (3)  After any change of ownership, as provided by general
103law, homestead property shall be assessed at just value as of
104January 1 of the following year. Thereafter, the homestead shall
105be assessed as provided herein.
106     (4)  New homestead property shall be assessed at just value
107as of January 1st of the year following the establishment of the
108homestead. That assessment shall only change as provided herein.
109     (5)  Changes, additions, reductions, or improvements to
110homestead property shall be assessed as provided for by general
111law; provided, however, after the adjustment for any change,
112addition, reduction, or improvement, the property shall be
113assessed as provided herein.
114     (6)  In the event of a termination of homestead status, the
115property shall be assessed as provided by general law.
116     (7)  The provisions of this amendment are severable. If any
117of the provisions of this amendment shall be held
118unconstitutional by any court of competent jurisdiction, the
119decision of such court shall not affect or impair any remaining
120provisions of this amendment.
121     (d)  The legislature may, by general law, for assessment
122purposes and subject to the provisions of this subsection, allow
123counties and municipalities to authorize by ordinance that
124historic property may be assessed solely on the basis of
125character or use. Such character or use assessment shall apply
126only to the jurisdiction adopting the ordinance. The
127requirements for eligible properties must be specified by
128general law.
129     (e)  A county may, in the manner prescribed by general law,
130provide for a reduction in the assessed value of homestead
131property to the extent of any increase in the assessed value of
132that property which results from the construction or
133reconstruction of the property for the purpose of providing
134living quarters for one or more natural or adoptive grandparents
135or parents of the owner of the property or of the owner's spouse
136if at least one of the grandparents or parents for whom the
137living quarters are provided is 62 years of age or older. Such a
138reduction may not exceed the lesser of the following:
139     (1)  The increase in assessed value resulting from
140construction or reconstruction of the property.
141     (2)  Twenty percent of the total assessed value of the
142property as improved.
143     (f)  Residential rental property may be classified by
144general law and assessed solely on the basis of the market rent
145from the property.
146     SECTION 6.  Homestead exemptions.--
147     (a)  Every person who has the legal or equitable title to
148real estate and maintains thereon the permanent residence of the
149owner, or another legally or naturally dependent upon the owner,
150shall be exempt from taxation thereon, except assessments for
151special benefits, up to the assessed valuation of five thousand
152dollars, upon establishment of right thereto in the manner
153prescribed by law. The real estate may be held by legal or
154equitable title, by the entireties, jointly, in common, as a
155condominium, or indirectly by stock ownership or membership
156representing the owner's or member's proprietary interest in a
157corporation owning a fee or a leasehold initially in excess of
158ninety-eight years.
159     (b)  Not more than one exemption shall be allowed any
160individual or family unit or with respect to any residential
161unit. No exemption shall exceed the value of the real estate
162assessable to the owner or, in case of ownership through stock
163or membership in a corporation, the value of the proportion
164which the interest in the corporation bears to the assessed
165value of the property.
166     (c)  By general law and subject to conditions specified
167therein, the exemption shall be increased to a total of twenty-
168five thousand dollars of the assessed value of the real estate
169for each school district levy. By general law and subject to
170conditions specified therein, the exemption for all other levies
171may be increased up to an amount not exceeding ten thousand
172dollars of the assessed value of the real estate if the owner
173has attained age sixty-five or is totally and permanently
174disabled and if the owner is not entitled to the exemption
175provided in subsection (d).
176     (d)  By general law and subject to conditions specified
177therein, the exemption shall be increased to a total of the
178following amounts of assessed value of real estate for each levy
179other than those of school districts: fifteen thousand dollars
180with respect to 1980 assessments; twenty thousand dollars with
181respect to 1981 assessments; twenty-five thousand dollars with
182respect to assessments for 1982 and each year thereafter.
183However, such increase shall not apply with respect to any
184assessment roll until such roll is first determined to be in
185compliance with the provisions of section 4 by a state agency
186designated by general law. This subsection shall stand repealed
187on the effective date of any amendment to section 4 which
188provides for the assessment of homestead property at a specified
189percentage of its just value.
190     (e)  By general law and subject to conditions specified
191therein, the Legislature may provide to renters, who are
192permanent residents, ad valorem tax relief on all ad valorem tax
193levies. Such ad valorem tax relief shall be in the form and
194amount established by general law and may be provided in the
195form of tax relief to the owner of the property.
196     (f)  The legislature may, by general law, allow counties or
197municipalities, for the purpose of their respective tax levies
198and subject to the provisions of general law, to grant an
199additional homestead tax exemption not exceeding fifty thousand
200dollars to any person who has the legal or equitable title to
201real estate and maintains thereon the permanent residence of the
202owner and who has attained age sixty-five and whose household
203income, as defined by general law, does not exceed twenty
204thousand dollars. The general law must allow counties and
205municipalities to grant this additional exemption, within the
206limits prescribed in this subsection, by ordinance adopted in
207the manner prescribed by general law, and must provide for the
208periodic adjustment of the income limitation prescribed in this
209subsection for changes in the cost of living.
210     (g)  Each veteran who is age 65 or older who is partially
211or totally permanently disabled shall receive a discount from
212the amount of the ad valorem tax otherwise owed on homestead
213property the veteran owns and resides in if the disability was
214combat related, the veteran was a resident of this state at the
215time of entering the military service of the United States, and
216the veteran was honorably discharged upon separation from
217military service. The discount shall be in a percentage equal to
218the percentage of the veteran's permanent, service-connected
219disability as determined by the United States Department of
220Veterans Affairs. To qualify for the discount granted by this
221subsection, an applicant must submit to the county property
222appraiser, by March 1, proof of residency at the time of
223entering military service, an official letter from the United
224States Department of Veterans Affairs stating the percentage of
225the veteran's service-connected disability and such evidence
226that reasonably identifies the disability as combat related, and
227a copy of the veteran's honorable discharge. If the property
228appraiser denies the request for a discount, the appraiser must
229notify the applicant in writing of the reasons for the denial,
230and the veteran may reapply. The Legislature may, by general
231law, waive the annual application requirement in subsequent
232years. This subsection shall take effect December 7, 2006, is
233self-executing, and does not require implementing legislation.
234     (h)  A county may provide to every person who qualifies for
235an exemption under this section an exemption from all ad valorem
236tax levies imposed by all taxing authorities within the county
237other than school districts and, at the same time, levy a
238discretionary sales surtax of up to one percent on any
239transaction or use currently or hereafter subject to tax
240pursuant to the provisions of chapter 212, Florida Statutes.
241Exemptions from the tax imposed pursuant to chapter 212, Florida
242Statutes, adopted by general law, shall apply to the surtax. The
243sales surtax rate levied may not be expected to produce revenues
244in the first full year it is in effect that exceed the revenues
245expected to be produced from the ad valorem tax being replaced.
246The exemption and the imposition of the surtax shall be by
247ordinance and shall not take effect unless the ordinance is
248approved by a majority of the electors of the county voting in a
249referendum. Upon submission of a petition to the county
250commission signed by at least fifteen percent of the qualified
251electors of the county requesting that a referendum be held on
252an ordinance providing for the exemption and imposition of the
253surtax as provided in this subsection, the county commission
254shall adopt such an ordinance and schedule such referendum
255within 90 days. Proceeds from the surtax shall be distributed to
256the taxing authorities within the county, other than the school
257district, based upon a formula developed by the county. Proceeds
258from the surtax received by a county, municipality, or special
259district shall be used, prior to any other purpose, to the
260extent necessary for payments relating to bonds or any similar
261financial obligations, paid from or secured by ad valorem tax
262revenues, that are outstanding on the effective date of this
263amendment, including any subsequent refunding of such bonds or
264other similar financial obligations. If a referendum has not
265been held pursuant to this subsection before October 31, 2010, a
266referendum shall be held in November of 2010. After an ordinance
267adopted under this subsection has been approved by referendum,
268the exemption granted and surtax imposed shall be permanent and
269may not be repealed or rescinded.
270     (i)  A school district may provide to every person who
271qualifies for an exemption under this section an exemption from
272all ad valorem tax levies imposed by the school district and, at
273the same time, levy a discretionary sales surtax of up to one-
274half of one percent on any transaction or use currently or
275hereafter subject to tax pursuant to the provisions of chapter
276212, Florida Statutes. The sales surtax rate levied may not be
277expected to produce revenues in the first full year it is in
278effect that exceed the revenues expected to be produced from the
279ad valorem tax being replaced. Exemptions from the tax imposed
280pursuant to chapter 212, Florida Statutes, adopted by general
281law, shall apply to the surtax. The exemption and the imposition
282of the surtax shall be by resolution adopted by the district
283school board and shall not take effect unless the resolution is
284approved by a majority of the electors of the school district
285voting in a referendum. Upon submission of a petition to the
286district school board signed by at least fifteen percent of the
287qualified electors of the school district requesting that a
288referendum be held on a resolution providing for the exemption
289and imposition of the surtax as provided in this subsection, the
290district school board shall adopt such a resolution and schedule
291such referendum within 90 days. Proceeds from the surtax shall
292be distributed to the school district. Proceeds from the surtax
293received by the school district shall be used, prior to any
294other purpose, to the extent necessary for payments relating to
295bonds or any similar financial obligations, paid from or secured
296by ad valorem tax revenues, that are outstanding on the
297effective date of this amendment, including any subsequent
298refunding of such bonds or other similar financial obligations.
299If a referendum has not been held pursuant to this subsection
300before October 31, 2010, a referendum shall be held in November
301of 2010. After an ordinance adopted under this subsection has
302been approved by referendum, the exemption granted and surtax
303imposed shall be permanent and may not be repealed or rescinded.
304     SECTION 9.  Local taxes.--
305     (a)  Counties, school districts, and municipalities shall,
306and special districts may, be authorized by law to levy ad
307valorem taxes and may be authorized by general law to levy other
308taxes, for their respective purposes, except ad valorem taxes on
309intangible personal property and taxes prohibited by this
310constitution.
311     (b)  Ad valorem taxes, exclusive of taxes levied for the
312payment of bonds and taxes levied for periods not longer than
313two years when authorized by vote of the electors who are the
314owners of freeholds therein not wholly exempt from taxation,
315shall not be levied in excess of the following millages upon the
316assessed value of real estate and tangible personal property:
317for all county purposes, ten mills; for all municipal purposes,
318ten mills; for all school purposes, ten mills; for water
319management purposes for the northwest portion of the state lying
320west of the line between ranges two and three east, 0.05 mill;
321for water management purposes for the remaining portions of the
322state, 1.0 mill; and for all other special districts a millage
323authorized by law approved by vote of the electors who are
324owners of freeholds therein not wholly exempt from taxation. A
325county furnishing municipal services may, to the extent
326authorized by law, levy additional taxes within the limits fixed
327for municipal purposes.
328     (c)  Subject to the limitations provided for in subsection
329(b):
330     (1)a.  Ad valorem taxes may not be levied in excess of a
331millage rate equal to the rolled-back rate adjusted by the
332percentage change in the Consumer Price Index for all urban
333consumers, U.S. City Average, all items 1982-84 = 100, or
334successor reports, for the 12-month period through June prior to
335the beginning of the fiscal year as initially reported by the
336United States Department of Labor, Bureau of Labor Statistics.
337For purposes of this paragraph, the term "rolled-back rate"
338means a millage rate that, exclusive of new construction,
339additions to structures, deletions, increases in the value of
340improvements that have undergone a substantial rehabilitation
341that increased the assessed value of such improvements by at
342least one hundred percent, and property added due to geographic
343boundary changes, will provide the same ad valorem tax revenue
344for each taxing authority as was levied during the immediately
345preceding year. The rolled-back rate applicable for the year
346tangible personal property is first exempt pursuant to Section 3
347of this Article or homestead property is first exempt pursuant
348to Section (6)(h) or (i) or Section 19 of this Article shall be
349calculated by using the ad valorem tax revenue levied during the
350immediately preceding year reduced by the taxes levied on the
351property being first exempt.
352     b.  This paragraph does not apply to taxing authorities
353that have levied ad valorem taxes for less than five years and
354to millage rates required by the legislature to be levied by
355school boards as required local effort from ad valorem taxes.
356     (2)a.  For the fiscal year beginning October 1, 2008, ad
357valorem taxes may not be levied in excess of the maximum millage
358rate that would have resulted from the application of paragraph
359(1) if paragraph (1) had been in effect beginning on January 1,
3602004, and had been applied each year up to and including the
361fiscal year beginning October 1, 2007.
362     b.  A taxing authority that begins levying taxes after
363January 1, 1999, may not levy ad valorem taxes in excess of the
364maximum millage rate that would have resulted from the
365application of paragraph (1) if paragraph (1) had been in effect
366in the fifth full fiscal year in which the authority levied ad
367valorem taxes and had been applied up to and including the
368fiscal year beginning October 1, 2007.
369     c.  This paragraph does not apply to ad valorem taxes
370levied by school districts and independent special districts as
371defined by general law. By general law and subject to conditions
372specified therein, the legislature shall exempt taxes levied by
373hospital and health care districts, children's services
374districts, fiscally constrained counties, municipalities located
375in a county considered a fiscally constrained county pursuant to
376general law, and municipalities located in a rural area of
377critical economic concern established pursuant to general law
378from the provisions of this paragraph.
379     (3)  Ad valorem taxes may be levied in excess of the
380limitations provided in this subsection upon approval by a
381unanimous vote of the full membership of the governing body
382adopting the millage rate.
383     (4)  This subsection does not apply to ad valorem taxes
384levied for the payment of bonds issued pursuant to Section 12 of
385this Article or levied for periods not longer than two years
386when authorized by a vote of the electors.
387     (d)  The aggregate amount of required local effort for all
388school districts collectively to be raised from ad valorem taxes
389each year may not exceed the aggregate amount required in the
390immediately preceding prior year, adjusted by the percentage
391that additions to the ad valorem tax base represent to the
392entire ad valorem tax base and by the percentage change in the
393Consumer Price Index for all urban consumers, U.S. City Average,
394all items 1982-84 = 100, or successor reports, for the 12-month
395period through June prior to the beginning of the fiscal year as
396initially reported by the United States Department of Labor,
397Bureau of Labor Statistics. For purposes of this subsection, the
398term "additions to the ad valorem tax base" means new
399construction, additions to structures, deletions, increases in
400the value of improvements that have undergone a substantial
401rehabilitation that increased the assessed value of such
402improvements by at least one hundred percent, and property added
403due to geographic boundary changes.
404     SECTION 19.  Increased state sales and use tax.--
405     (a)  Beginning July 1, 2008, the tax imposed on any
406transaction or use currently or hereafter subject to tax
407pursuant to the provisions of chapter 212, Florida Statutes, is
408increased by adding one percent to the tax rate imposed by
409chapter 212, Florida Statutes. Exemptions from the tax imposed
410pursuant to chapter 212, Florida Statutes, adopted by general
411law, shall apply to the tax increase provided by this section.
412     (b)  The proceeds of the tax increase provided by this
413section shall be set aside for distribution to school districts
414and shall replace the imposition of the required local effort
415for all school districts collectively that has historically been
416raised from ad valorem taxes each year from persons who qualify
417for an exemption under Section 6 of this Article.
418     (c)  Proceeds received by a school district shall be used,
419prior to any other purpose, to the extent necessary for payments
420relating to bonds or any similar financial obligations, paid
421from or secured by ad valorem tax revenues, that are outstanding
422on the effective date of this amendment, including any
423subsequent refunding of such bonds or other similar financial
424obligations.
425
ARTICLE XII
426
SCHEDULE
427     SECTION 27.  Property tax relief reform; nonseverability.--
428     (a)  The amendments to Sections 3, 4, 6, and 9 of Article
429VII and the creation of Section 19 of Article VII and this
430section of this constitution contained in this revision shall
431take effect January 1, 2008.
432     (b)  The amendments to Sections 3, 4, 6, and 9 of Article
433VII and the creation of Section 19 of Article VII of this
434constitution contained in this revision are not severable. If
435any portion of this revision is held invalid under any provision
436of this constitution, the effect of such declaration shall be
437that the amendments to Sections 3, 4, 6, and 9 of Article VII
438and
439
440== B A L L O T  S T A T E M E N T  A M E N D M E N T ==
441     Remove lines 387-392, and insert:
442
ARTICLE VII, SECTIONS 3, 4, 6, 9, 19
443
ARTICLE XII, SECTION 27
444     PROPERTY TAX EXEMPTIONS; DISCRETIONARY SALES SURTAXES; AD
445VALOREM TAX MILLAGE LIMITATION; INCREASED SALES TAX.--Proposing
446amendment of the State Constitution to provide for a $25,000
447exemption from ad valorem taxes for tangible personal property;
448to authorize residential rental property to be classified and
449assessed solely on the basis of market rent from the property;
450
451======= T I T L E  A M E N D M E N T =======
452     Remove lines 2-6 and insert:
453A joint resolution proposing amendments to Sections 3, 4, 6, and
4549 of Article VII and the creation of Section 19 of Article VII
455and Section 27 of Article XII of the State Constitution to
456provide for an ad valorem tax exemption for tangible personal
457property, authorize residential rental property to be classified
458and assessed on the basis of market rent, clarify that ad
459valorem


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