Florida Senate - 2012                                   SJR 1056
       
       
       
       By Senator Norman
       
       
       
       
       12-00286A-12                                          20121056__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 6
    3         of Article VII of the State Constitution to allow the
    4         Legislature by general law to provide ad valorem
    5         homestead property tax relief to the surviving spouse
    6         of a military veteran who died from service-connected
    7         causes while on active duty or a surviving spouse of a
    8         first responder who died in the line of duty and
    9         provide definitions with respect thereto.
   10  
   11  Be It Resolved by the Legislature of the State of Florida:
   12  
   13         That the following amendment to Section 6 of Article VII of
   14  the State Constitution is agreed to and shall be submitted to
   15  the 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 6. Homestead exemptions.—
   21         (a) Every person who has the legal or equitable title to
   22  real estate and maintains thereon the permanent residence of the
   23  owner, or another legally or naturally dependent upon the owner,
   24  shall be exempt from taxation thereon, except assessments for
   25  special benefits, up to the assessed valuation of twenty-five
   26  thousand dollars and, for all levies other than school district
   27  levies, on the assessed valuation greater than fifty thousand
   28  dollars and up to seventy-five thousand dollars, upon
   29  establishment of right thereto in the manner prescribed by law.
   30  The real estate may be held by legal or equitable title, by the
   31  entireties, jointly, in common, as a condominium, or indirectly
   32  by stock ownership or membership representing the owner’s or
   33  member’s proprietary interest in a corporation owning a fee or a
   34  leasehold initially in excess of ninety-eight years. The
   35  exemption shall not apply with respect to any assessment roll
   36  until such roll is first determined to be in compliance with the
   37  provisions of section 4 by a state agency designated by general
   38  law. This exemption is repealed on the effective date of any
   39  amendment to this Article which provides for the assessment of
   40  homestead property at less than just value.
   41         (b) Not more than one exemption shall be allowed any
   42  individual or family unit or with respect to any residential
   43  unit. No exemption shall exceed the value of the real estate
   44  assessable to the owner or, in case of ownership through stock
   45  or membership in a corporation, the value of the proportion
   46  which the interest in the corporation bears to the assessed
   47  value of the property.
   48         (c) By general law and subject to conditions specified
   49  therein, the Legislature may provide to renters, who are
   50  permanent residents, ad valorem tax relief on all ad valorem tax
   51  levies. Such ad valorem tax relief shall be in the form and
   52  amount established by general law.
   53         (d) The legislature may, by general law, allow counties or
   54  municipalities, for the purpose of their respective tax levies
   55  and subject to the provisions of general law, to grant an
   56  additional homestead tax exemption not exceeding fifty thousand
   57  dollars to any person who has the legal or equitable title to
   58  real estate and maintains thereon the permanent residence of the
   59  owner and who has attained age sixty-five and whose household
   60  income, as defined by general law, does not exceed twenty
   61  thousand dollars. The general law must allow counties and
   62  municipalities to grant this additional exemption, within the
   63  limits prescribed in this subsection, by ordinance adopted in
   64  the manner prescribed by general law, and must provide for the
   65  periodic adjustment of the income limitation prescribed in this
   66  subsection for changes in the cost of living.
   67         (e) Each veteran who is age 65 or older who is partially or
   68  totally permanently disabled shall receive a discount from the
   69  amount of the ad valorem tax otherwise owed on homestead
   70  property the veteran owns and resides in if the disability was
   71  combat related, the veteran was a resident of this state at the
   72  time of entering the military service of the United States, and
   73  the veteran was honorably discharged upon separation from
   74  military service. The discount shall be in a percentage equal to
   75  the percentage of the veteran’s permanent, service-connected
   76  disability as determined by the United States Department of
   77  Veterans Affairs. To qualify for the discount granted by this
   78  subsection, an applicant must submit to the county property
   79  appraiser, by March 1, proof of residency at the time of
   80  entering military service, an official letter from the United
   81  States Department of Veterans Affairs stating the percentage of
   82  the veteran’s service-connected disability and such evidence
   83  that reasonably identifies the disability as combat related, and
   84  a copy of the veteran’s honorable discharge. If the property
   85  appraiser denies the request for a discount, the appraiser must
   86  notify the applicant in writing of the reasons for the denial,
   87  and the veteran may reapply. The Legislature may, by general
   88  law, waive the annual application requirement in subsequent
   89  years. This subsection shall take effect December 7, 2006, is
   90  self-executing, and does not require implementing legislation.
   91         (f)(1) By general law and subject to conditions and
   92  limitations specified therein, the Legislature may provide ad
   93  valorem tax relief equal to the total amount or a portion of the
   94  ad valorem tax otherwise owed on homestead property to the
   95  surviving spouse of:
   96         a.A veteran who died from service-connected causes while
   97  on active duty as a member of the United States Armed Forces.
   98         b.A first responder who died in the line of duty.
   99         (2) As used in this subsection and as further defined by
  100  general law, the term:
  101         a. “First responder” means a law enforcement officer, a
  102  correctional officer, a firefighter, an emergency medical
  103  technician, or a paramedic.
  104         b. “In the line of duty” means arising out of and in the
  105  actual performance of duty required by employment as a first
  106  responder.
  107         BE IT FURTHER RESOLVED that the following statement be
  108  placed on the ballot:
  109                      CONSTITUTIONAL AMENDMENT                     
  110                       ARTICLE VII, SECTION 6                      
  111         HOMESTEAD PROPERTY TAX EXEMPTION FOR SURVIVING SPOUSE OF
  112  MILITARY VETERAN OR FIRST RESPONDER.—Proposing an amendment to
  113  the State Constitution to authorize the Legislature to provide
  114  by general law ad valorem homestead property tax relief to the
  115  surviving spouse of a military veteran who died from service
  116  connected causes while on active duty or to the surviving spouse
  117  of a first responder who died in the line of duty. The amendment
  118  authorizes the Legislature to totally exempt or partially exempt
  119  such surviving spouse’s homestead property from ad valorem
  120  taxation. The amendment defines a first responder as a law
  121  enforcement officer, a correctional officer, a firefighter, an
  122  emergency medical technician, or a paramedic.