| 1 | House Joint Resolution |
| 2 | A joint resolution proposing an amendment to Section 6 of |
| 3 | Article VII of the State Constitution to provide an |
| 4 | additional tax exemption on the first homestead a person |
| 5 | establishes in this state. |
| 6 |
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| 7 | Be It Resolved by the Legislature of the State of Florida: |
| 8 |
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| 9 | That the following amendment to Section 6 of Article VII of |
| 10 | the State Constitution is agreed to and shall be submitted to |
| 11 | the electors of this state for approval or rejection at the next |
| 12 | general election or at an earlier special election specifically |
| 13 | authorized by law for that purpose: |
| 14 | ARTICLE VII |
| 15 | FINANCE AND TAXATION |
| 16 | SECTION 6. Homestead exemptions.-- |
| 17 | (a) Every person who has the legal or equitable title to |
| 18 | real estate and maintains thereon the permanent residence of the |
| 19 | owner, or another legally or naturally dependent upon the owner, |
| 20 | shall be exempt from taxation thereon, except assessments for |
| 21 | special benefits, up to the assessed valuation of twenty-five |
| 22 | thousand dollars and, for all levies other than school district |
| 23 | levies, on the assessed valuation greater than fifty thousand |
| 24 | dollars and up to seventy-five thousand dollars, upon |
| 25 | establishment of right thereto in the manner prescribed by law. |
| 26 | The real estate may be held by legal or equitable title, by the |
| 27 | entireties, jointly, in common, as a condominium, or indirectly |
| 28 | by stock ownership or membership representing the owner's or |
| 29 | member's proprietary interest in a corporation owning a fee or a |
| 30 | leasehold initially in excess of ninety-eight years. The |
| 31 | exemption shall not apply with respect to any assessment roll |
| 32 | until such roll is first determined to be in compliance with the |
| 33 | provisions of section 4 by a state agency designated by general |
| 34 | law. This exemption is repealed on the effective date of any |
| 35 | amendment to this Article which provides for the assessment of |
| 36 | homestead property at less than just value. |
| 37 | (b) Not more than one exemption shall be allowed any |
| 38 | individual or family unit or with respect to any residential |
| 39 | unit. No exemption shall exceed the value of the real estate |
| 40 | assessable to the owner or, in case of ownership through stock |
| 41 | or membership in a corporation, the value of the proportion |
| 42 | which the interest in the corporation bears to the assessed |
| 43 | value of the property. |
| 44 | (c) By general law and subject to conditions specified |
| 45 | therein, the Legislature may provide to renters, who are |
| 46 | permanent residents, ad valorem tax relief on all ad valorem tax |
| 47 | levies. Such ad valorem tax relief shall be in the form and |
| 48 | amount established by general law. |
| 49 | (d) The legislature may, by general law, allow counties or |
| 50 | municipalities, for the purpose of their respective tax levies |
| 51 | and subject to the provisions of general law, to grant an |
| 52 | additional homestead tax exemption not exceeding fifty thousand |
| 53 | dollars to any person who has the legal or equitable title to |
| 54 | real estate and maintains thereon the permanent residence of the |
| 55 | owner and who has attained age sixty-five and whose household |
| 56 | income, as defined by general law, does not exceed twenty |
| 57 | thousand dollars. The general law must allow counties and |
| 58 | municipalities to grant this additional exemption, within the |
| 59 | limits prescribed in this subsection, by ordinance adopted in |
| 60 | the manner prescribed by general law, and must provide for the |
| 61 | periodic adjustment of the income limitation prescribed in this |
| 62 | subsection for changes in the cost of living. |
| 63 | (e) Each veteran who is age 65 or older who is partially |
| 64 | or totally permanently disabled shall receive a discount from |
| 65 | the amount of the ad valorem tax otherwise owed on homestead |
| 66 | property the veteran owns and resides in if the disability was |
| 67 | combat related, the veteran was a resident of this state at the |
| 68 | time of entering the military service of the United States, and |
| 69 | the veteran was honorably discharged upon separation from |
| 70 | military service. The discount shall be in a percentage equal to |
| 71 | the percentage of the veteran's permanent, service-connected |
| 72 | disability as determined by the United States Department of |
| 73 | Veterans Affairs. To qualify for the discount granted by this |
| 74 | subsection, an applicant must submit to the county property |
| 75 | appraiser, by March 1, proof of residency at the time of |
| 76 | entering military service, an official letter from the United |
| 77 | States Department of Veterans Affairs stating the percentage of |
| 78 | the veteran's service-connected disability and such evidence |
| 79 | that reasonably identifies the disability as combat related, and |
| 80 | a copy of the veteran's honorable discharge. If the property |
| 81 | appraiser denies the request for a discount, the appraiser must |
| 82 | notify the applicant in writing of the reasons for the denial, |
| 83 | and the veteran may reapply. The Legislature may, by general |
| 84 | law, waive the annual application requirement in subsequent |
| 85 | years. This subsection shall take effect December 7, 2006, is |
| 86 | self-executing, and does not require implementing legislation. |
| 87 | (f) Each person who is entitled to the exemption provided |
| 88 | in this section shall be eligible for an additional homestead |
| 89 | exemption on the first homestead the person establishes in this |
| 90 | state upon the establishment of the exemption as prescribed by |
| 91 | general law. The amount of the additional exemption shall be |
| 92 | equal to the lesser of 25 percent of the homestead property's |
| 93 | just value on January 1 of the year in which the homestead |
| 94 | exemption is established or 25 percent of the median value of |
| 95 | homesteads in the county in which the homestead is located in |
| 96 | the year prior to establishing the new homestead. The exemption |
| 97 | shall be reduced each year by the difference between the |
| 98 | homestead's just value and assessed value until the value of the |
| 99 | exemption is reduced to zero. |
| 100 | BE IT FURTHER RESOLVED that the following statement be |
| 101 | placed on the ballot: |
| 102 | CONSTITUTIONAL AMENDMENT |
| 103 | ARTICLE VII, SECTION 6 |
| 104 | HOMESTEAD EXEMPTION FOR FIRST-TIME HOMEOWNERS.--Proposing |
| 105 | an amendment to the State Constitution to provide an additional |
| 106 | tax exemption on the first homestead a person establishes in |
| 107 | this state, which is limited to the lesser of 25 percent of the |
| 108 | just value of the homestead or 25 percent of the median value of |
| 109 | homesteads in the county where the homestead is located, and |
| 110 | which shall be reduced each year by the difference between the |
| 111 | homestead's just value and assessed value until the exemption is |
| 112 | eliminated. |