CS/CS/HJR 97

1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 6 of
3	Article VII and the creation of Section 31 of Article XII
4	of the State Constitution to provide an additional
5	homestead exemption for first-time homestead property
6	owners and provide application and an effective date.
7
8	Be It Resolved by the Legislature of the State of Florida:
9
10	That the following amendment to Section 6 of Article VII
11	and the creation of Section 31 of Article XII of the State
12	Constitution are agreed to and shall be submitted to the
13	electors of this state for approval or rejection at the next
14	general election or at an earlier special election specifically
15	authorized by law for that purpose:
16	ARTICLE VII
17	FINANCE AND TAXATION
18	SECTION 6.  Homestead exemptions.--
19	(a)  Every person who has the legal or equitable title to
20	real estate and maintains thereon the permanent residence of the
21	owner, or another legally or naturally dependent upon the owner,
22	shall be exempt from taxation thereon, except assessments for
23	special benefits, up to the assessed valuation of twenty-five
24	thousand dollars and, for all levies other than school district
25	levies, on the assessed valuation greater than fifty thousand
26	dollars and up to seventy-five thousand dollars, upon
27	establishment of right thereto in the manner prescribed by law.
28	The real estate may be held by legal or equitable title, by the
29	entireties, jointly, in common, as a condominium, or indirectly
30	by stock ownership or membership representing the owner's or
31	member's proprietary interest in a corporation owning a fee or a
32	leasehold initially in excess of ninety-eight years. The
33	exemption shall not apply with respect to any assessment roll
34	until such roll is first determined to be in compliance with the
35	provisions of Section 4 of this Article by a state agency
36	designated by general law. This exemption is repealed on the
37	effective date of any amendment to this Article which provides
38	for the assessment of homestead property at less than just
39	value.
40	(b)  Not more than one exemption shall be allowed any
41	individual or family unit or with respect to any residential
42	unit. No exemption shall exceed the value of the real estate
43	assessable to the owner or, in case of ownership through stock
44	or membership in a corporation, the value of the proportion
45	which the interest in the corporation bears to the assessed
46	value of the property.
47	(c)  By general law and subject to conditions specified
48	therein, the Legislature may provide to renters, who are
49	permanent residents, ad valorem tax relief on all ad valorem tax
50	levies. Such ad valorem tax relief shall be in the form and
51	amount established by general law.
52	(d)  The legislature may, by general law, allow counties or
53	municipalities, for the purpose of their respective tax levies
54	and subject to the provisions of general law, to grant an
55	additional homestead tax exemption not exceeding fifty thousand
56	dollars to any person who has the legal or equitable title to
57	real estate and maintains thereon the permanent residence of the
58	owner and who has attained age sixty-five and whose household
59	income, as defined by general law, does not exceed twenty
60	thousand dollars. The general law must allow counties and
61	municipalities to grant this additional exemption, within the
62	limits prescribed in this subsection, by ordinance adopted in
63	the manner prescribed by general law, and must provide for the
64	periodic adjustment of the income limitation prescribed in this
65	subsection for changes in the cost of living.
66	(e)  Each veteran who is age 65 or older who is partially
67	or totally permanently disabled shall receive a discount from
68	the amount of the ad valorem tax otherwise owed on homestead
69	property the veteran owns and resides in if the disability was
70	combat related, the veteran was a resident of this state at the
71	time of entering the military service of the United States, and
72	the veteran was honorably discharged upon separation from
73	military service. The discount shall be in a percentage equal to
74	the percentage of the veteran's permanent, service-connected
75	disability as determined by the United States Department of
76	Veterans Affairs. To qualify for the discount granted by this
77	subsection, an applicant must submit to the county property
78	appraiser, by March 1, proof of residency at the time of
79	entering military service, an official letter from the United
80	States Department of Veterans Affairs stating the percentage of
81	the veteran's service-connected disability and such evidence
82	that reasonably identifies the disability as combat related, and
83	a copy of the veteran's honorable discharge. If the property
84	appraiser denies the request for a discount, the appraiser must
85	notify the applicant in writing of the reasons for the denial,
86	and the veteran may reapply. The Legislature may, by general
87	law, waive the annual application requirement in subsequent
88	years. This subsection shall take effect December 7, 2006, is
89	self-executing, and does not require implementing legislation.
90	(f)  As provided by general law and subject to conditions
91	specified therein, every person who establishes the right to
92	receive the homestead exemption provided in subsection (a)
93	within one year after purchasing the homestead property and who
94	has not previously owned property to which the homestead
95	exemption provided in subsection (a) applied is entitled to an
96	additional homestead exemption in an amount equal to fifty
97	percent of the homestead property's just value on January 1 of
98	the year the homestead is established. The amount of the
99	additional exemption shall not exceed two-hundred-fifty thousand
100	dollars and shall be reduced in each subsequent year by an
101	amount equal to twenty percent of the amount of the additional
102	exemption received in the year the homestead was established or
103	by an amount equal to the difference between the just value of
104	the property and the assessed value of the property determined
105	under Section 4(d) of this Article, whichever is greater. Not
106	more than one exemption provided under this subsection shall be
107	allowed per homestead property. The additional exemption is not
108	available if any owner of the property has previously owned
109	property to which the homestead exemption provided in subsection
110	(a) applied. The additional exemption shall apply to property
111	purchased after January 1, 2010, but shall not be available in
112	the sixth and subsequent years after the additional exemption is
113	first received.
114	ARTICLE XII
115	SCHEDULE
116	SECTION  31.  Additional homestead exemption for first-time
117	homestead property owners.--The amendment to Section 6 of
118	Article VII providing for an additional homestead exemption for
119	first-time homestead property owners and this section shall take
120	effect January 1, 2011, and shall be available for properties
121	purchased on or after January 1, 2010.
122	BE IT FURTHER RESOLVED that the following statement be
123	placed on the ballot:
124	CONSTITUTIONAL AMENDMENT
125	ARTICLE VII, SECTION 6
126	ARTICLE XII, SECTION 31
127	ADDITIONAL HOMESTEAD EXEMPTION FOR FIRST-TIME HOMESTEAD
128	PROPERTY OWNERS.--Proposing an amendment to the State
129	Constitution to provide first-time homestead property owners
130	with an additional homestead exemption equal to 50 percent of
131	the property's just value in the first year, limited to
132	$250,000; reduce the amount of the additional exemption in each
133	succeeding year for five years by the greater of 20 percent of
134	the amount of the initial additional exemption or the difference
135	between the just value and the assessed value of the property;
136	limit the additional exemption to one per homestead property;
137	prohibit the additional exemption if any owner of the property
138	previously owned property receiving the homestead exemption;
139	limit the additional exemption to properties purchased after
140	January 1, 2010; prohibit availability of the additional
141	exemption in the sixth and subsequent years after the additional
142	exemption is granted; and provide for the amendment to take
143	effect January 1, 2011, and apply to properties purchased on or
144	after January 1, 2010.

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