Florida Senate - 2009                     CS for CS for SJR 1302
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Finance and Tax; and Senators Gardiner, Deutch,
       Baker, and Gaetz
       
       
       576-05872-09                                          20091302c2
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 3
    3         of Article VII and the creation of a new section in
    4         Article XII of the State Constitution to provide an
    5         additional property tax exemption for members of the
    6         military who receive a homestead exemption and who
    7         were deployed outside the United States during the
    8         preceding year.
    9  
   10  Be It Resolved by the Legislature of the State of Florida:
   11  
   12         That the following amendment to Section 3 of Article VII
   13  and the creation of a new section in Article XII of the State
   14  Constitution are agreed to and shall be submitted to the
   15  electors of this state for approval or rejection at the next
   16  general election or at an earlier special election specifically
   17  authorized by law for that purpose:
   18                             ARTICLE VII                           
   19                        FINANCE AND TAXATION                       
   20         SECTION 3. Taxes; exemptions.—
   21         (a) All property owned by a municipality and used
   22  exclusively by it for municipal or public purposes shall be
   23  exempt from taxation. A municipality, owning property outside
   24  the municipality, may be required by general law to make payment
   25  to the taxing unit in which the property is located. Such
   26  portions of property as are used predominantly for educational,
   27  literary, scientific, religious or charitable purposes may be
   28  exempted by general law from taxation.
   29         (b) There shall be exempt from taxation, cumulatively, to
   30  every head of a family residing in this state, household goods
   31  and personal effects to the value fixed by general law, not less
   32  than one thousand dollars, and to every widow or widower or
   33  person who is blind or totally and permanently disabled,
   34  property to the value fixed by general law not less than five
   35  hundred dollars.
   36         (c) Any county or municipality may, for the purpose of its
   37  respective tax levy and subject to the provisions of this
   38  subsection and general law, grant community and economic
   39  development ad valorem tax exemptions to new businesses and
   40  expansions of existing businesses, as defined by general law.
   41  Such an exemption may be granted only by ordinance of the county
   42  or municipality, and only after the electors of the county or
   43  municipality voting on such question in a referendum authorize
   44  the county or municipality to adopt such ordinances. An
   45  exemption so granted shall apply to improvements to real
   46  property made by or for the use of a new business and
   47  improvements to real property related to the expansion of an
   48  existing business and shall also apply to tangible personal
   49  property of such new business and tangible personal property
   50  related to the expansion of an existing business. The amount or
   51  limits of the amount of such exemption shall be specified by
   52  general law. The period of time for which such exemption may be
   53  granted to a new business or expansion of an existing business
   54  shall be determined by general law. The authority to grant such
   55  exemption shall expire ten years from the date of approval by
   56  the electors of the county or municipality, and may be renewable
   57  by referendum as provided by general law.
   58         (d) Any county or municipality may, for the purpose of its
   59  respective tax levy and subject to the provisions of this
   60  subsection and general law, grant historic preservation ad
   61  valorem tax exemptions to owners of historic properties. This
   62  exemption may be granted only by ordinance of the county or
   63  municipality. The amount or limits of the amount of this
   64  exemption and the requirements for eligible properties must be
   65  specified by general law. The period of time for which this
   66  exemption may be granted to a property owner shall be determined
   67  by general law.
   68         (e) By general law and subject to conditions specified
   69  therein, twenty-five thousand dollars of the assessed value of
   70  property subject to tangible personal property tax shall be
   71  exempt from ad valorem taxation.
   72         (f) There shall be granted an ad valorem tax exemption for
   73  real property dedicated in perpetuity for conservation purposes,
   74  including real property encumbered by perpetual conservation
   75  easements or by other perpetual conservation protections, as
   76  defined by general law.
   77         (g)By general law and subject to the conditions specified
   78  therein, each person who receives a homestead exemption as
   79  provided in section 6 of this article; who was a member of the
   80  United States military or military reserves, the United States
   81  Coast Guard or its reserves, or the Florida National Guard; and
   82  who was deployed during the preceding calendar year on active
   83  duty outside the continental United States, Alaska, or Hawaii in
   84  support of military operations that are designated by the
   85  legislature shall receive an additional exemption equal to a
   86  percentage of the taxable value of his or her homestead
   87  property. The applicable percentage shall be calculated as the
   88  number of days during the preceding calendar year the person was
   89  deployed on active duty outside the continental United States,
   90  Alaska, or Hawaii in support of military operations that are
   91  designated by the legislature divided by the number of days in
   92  that year.
   93                             ARTICLE XII                           
   94                              SCHEDULE                             
   95         Additional ad valorem tax exemption for members of the
   96  United States military or military reserves, the United States
   97  Coast Guard or its reserves, or the Florida National Guard
   98  deployed on active duty outside of the United States.—The
   99  amendment to Section 3 of Article VII providing for an
  100  additional ad valorem tax exemption for members of the United
  101  States military or military reserves, the United States Coast
  102  Guard or its reserves, or the Florida National Guard deployed on
  103  active duty outside the United States in support of certain
  104  military operations and this section shall take effect January
  105  1, 2011.
  106         BE IT FURTHER RESOLVED that the following statement be
  107  placed on the ballot:
  108                      CONSTITUTIONAL AMENDMENTS                    
  109                       ARTICLE VII, SECTION 3                      
  110                             ARTICLE XII                           
  111         HOMESTEAD AD VALOREM TAX EXEMPTION FOR DEPLOYED MILITARY
  112  PERSONNEL.—This proposed amendment to the State Constitution
  113  requires the Legislature to provide an additional property tax
  114  exemption for members of the United States military or its
  115  reserves, the United States Coast Guard or its reserves, or the
  116  Florida National Guard who receive a homestead exemption and
  117  were deployed in the previous year on active duty outside the
  118  continental United States, Alaska, or Hawaii in support of
  119  military operations that are designated by the Legislature. The
  120  exempt amount will be based upon the number of days in the
  121  previous calendar year that the person was deployed on active
  122  duty outside the continental United States, Alaska, or Hawaii in
  123  support of military operations that are designated by the
  124  Legislature.