CS/HJR 97

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 homestead exemption for first-time homestead
5	property owners.
6
7	Be It Resolved by the Legislature of the State of Florida:
8
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 of this Article by a state agency
34	designated by general law. This exemption is repealed on the
35	effective date of any amendment to this Article which provides
36	for the assessment of homestead property at less than just
37	value.
38	(b)  Not more than one exemption shall be allowed any
39	individual or family unit or with respect to any residential
40	unit. No exemption shall exceed the value of the real estate
41	assessable to the owner or, in case of ownership through stock
42	or membership in a corporation, the value of the proportion
43	which the interest in the corporation bears to the assessed
44	value of the property.
45	(c)  By general law and subject to conditions specified
46	therein, the Legislature may provide to renters, who are
47	permanent residents, ad valorem tax relief on all ad valorem tax
48	levies. Such ad valorem tax relief shall be in the form and
49	amount established by general law.
50	(d)  The legislature may, by general law, allow counties or
51	municipalities, for the purpose of their respective tax levies
52	and subject to the provisions of general law, to grant an
53	additional homestead tax exemption not exceeding fifty thousand
54	dollars to any person who has the legal or equitable title to
55	real estate and maintains thereon the permanent residence of the
56	owner and who has attained age sixty-five and whose household
57	income, as defined by general law, does not exceed twenty
58	thousand dollars. The general law must allow counties and
59	municipalities to grant this additional exemption, within the
60	limits prescribed in this subsection, by ordinance adopted in
61	the manner prescribed by general law, and must provide for the
62	periodic adjustment of the income limitation prescribed in this
63	subsection for changes in the cost of living.
64	(e)  Each veteran who is age 65 or older who is partially
65	or totally permanently disabled shall receive a discount from
66	the amount of the ad valorem tax otherwise owed on homestead
67	property the veteran owns and resides in if the disability was
68	combat related, the veteran was a resident of this state at the
69	time of entering the military service of the United States, and
70	the veteran was honorably discharged upon separation from
71	military service. The discount shall be in a percentage equal to
72	the percentage of the veteran's permanent, service-connected
73	disability as determined by the United States Department of
74	Veterans Affairs. To qualify for the discount granted by this
75	subsection, an applicant must submit to the county property
76	appraiser, by March 1, proof of residency at the time of
77	entering military service, an official letter from the United
78	States Department of Veterans Affairs stating the percentage of
79	the veteran's service-connected disability and such evidence
80	that reasonably identifies the disability as combat related, and
81	a copy of the veteran's honorable discharge. If the property
82	appraiser denies the request for a discount, the appraiser must
83	notify the applicant in writing of the reasons for the denial,
84	and the veteran may reapply. The Legislature may, by general
85	law, waive the annual application requirement in subsequent
86	years. This subsection shall take effect December 7, 2006, is
87	self-executing, and does not require implementing legislation.
88	(f)  As provided by general law and subject to conditions
89	specified therein, every person who establishes the right to
90	receive the homestead exemption provided in subsection (a)
91	within one year after purchasing the homestead property and who
92	has not previously owned property to which the homestead
93	exemption provided in subsection (a) applied is entitled to an
94	additional homestead exemption in an amount equal to fifty
95	percent of the homestead property's just value on January 1 of
96	the year the homestead is established. The amount of the
97	additional exemption shall not exceed two-hundred-fifty thousand
98	dollars and shall be reduced in each subsequent year by an
99	amount equal to twenty percent of the amount of the additional
100	exemption received in the year the homestead was established or
101	by an amount equal to the difference between the just value of
102	the property and the assessed value of the property determined
103	under Section 4(d) of this Article, whichever is greater. Not
104	more than one exemption provided under this subsection shall be
105	allowed per homestead property. The additional exemption is not
106	available if any owner of the property has previously owned
107	property to which the homestead exemption provided in subsection
108	(a) applied. The additional exemption shall apply to property
109	purchased after January 1, 2010, but shall not be available in
110	the sixth and subsequent years after the additional exemption is
111	first received.
112	BE IT FURTHER RESOLVED that the following statement be
113	placed on the ballot:
114	CONSTITUTIONAL AMENDMENT
115	ARTICLE VII, SECTION 6
116	ADDITIONAL HOMESTEAD EXEMPTION FOR FIRST-TIME HOMESTEAD
117	PROPERTY OWNERS.--Proposing an amendment to the State
118	Constitution to provide first-time homestead property owners
119	with an additional homestead exemption equal to 50 percent of
120	the property's just value in the first year, limited to
121	$250,000; reduce the amount of the additional exemption in each
122	succeeding year for five years by the greater of 20 percent of
123	the amount of the initial additional exemption or the difference
124	between the just value and the assessed value of the property;
125	limit the additional exemption to one per homestead property;
126	prohibit the additional exemption if any owner of the property
127	previously owned property receiving the homestead exemption;
128	limit the additional exemption to properties purchased after
129	January 1, 2010; and prohibit availability of the additional
130	exemption in the sixth and subsequent years after the additional
131	exemption is granted.

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