Florida Senate - 2012                            CS for SJR 1064
       
       
       
       By the Committee on Budget Subcommittee on Finance and Tax; and
       Senators Detert and Gardiner
       
       
       
       593-03831-12                                          20121064c1
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 3
    3         of Article VII and the creation of Section 32 of
    4         Article XII of the State Constitution to provide an
    5         additional exemption from ad valorem taxes on tangible
    6         personal property valued at more than $25,000 but less
    7         than $50,000, to authorize a county or municipality to
    8         provide an additional exemption from ad valorem
    9         taxation for tangible personal property by ordinance,
   10         and to provide an effective date.
   11  
   12  Be It Resolved by the Legislature of the State of Florida:
   13  
   14         That the following amendment to Section 3 of Article VII
   15  and the creation of Section 32 of Article XII of the State
   16  Constitution are agreed to and shall be submitted to the
   17  electors of this state for approval or rejection at the next
   18  general election or at an earlier special election specifically
   19  authorized by law for that purpose:
   20                             ARTICLE VII                           
   21                        FINANCE AND TAXATION                       
   22         SECTION 3. Taxes; exemptions.—
   23         (a) All property owned by a municipality and used
   24  exclusively by it for municipal or public purposes is shall be
   25  exempt from taxation. A municipality, owning property outside
   26  the municipality, may be required by general law to make payment
   27  to the taxing unit in which the property is located. Such
   28  portions of property as are used predominantly for educational,
   29  literary, scientific, religious, or charitable purposes may be
   30  exempted by general law from taxation.
   31         (b) There shall be exempt from taxation, cumulatively, to
   32  every head of a family residing in this state, household goods
   33  and personal effects to the value fixed by general law, not less
   34  than one thousand dollars, and to every widow or widower or
   35  person who is blind or totally and permanently disabled,
   36  property to the value fixed by general law not less than five
   37  hundred dollars.
   38         (c) Any county or municipality may, for the purpose of its
   39  respective tax levy and subject to the provisions of this
   40  subsection and general law, grant community and economic
   41  development ad valorem tax exemptions to new businesses and
   42  expansions of existing businesses, as defined by general law.
   43  Such an exemption may be granted only by ordinance of the county
   44  or municipality, and only after the electors of the county or
   45  municipality voting on such question in a referendum authorize
   46  the county or municipality to adopt such ordinances. An
   47  exemption so granted shall apply to improvements to real
   48  property made by or for the use of a new business and
   49  improvements to real property related to the expansion of an
   50  existing business and shall also apply to tangible personal
   51  property of such new business and tangible personal property
   52  related to the expansion of an existing business. The amount or
   53  limits of the amount of such exemption shall be specified by
   54  general law. The period of time for which such exemption may be
   55  granted to a new business or expansion of an existing business
   56  shall be determined by general law. The authority to grant such
   57  exemption shall expire ten years from the date of approval by
   58  the electors of the county or municipality, and may be renewable
   59  by referendum as provided by general law.
   60         (d) Any county or municipality may, for the purpose of its
   61  respective tax levy and subject to the provisions of this
   62  subsection and general law, grant historic preservation ad
   63  valorem tax exemptions to owners of historic properties. This
   64  exemption may be granted only by ordinance of the county or
   65  municipality. The amount or limits of the amount of this
   66  exemption and the requirements for eligible properties must be
   67  specified by general law. The period of time for which this
   68  exemption may be granted to a property owner shall be determined
   69  by general law.
   70         (e)(1) By general law and subject to conditions specified
   71  therein, twenty-five thousand dollars of the assessed value of
   72  tangible personal property is subject to tangible personal
   73  property tax shall be exempt from ad valorem taxation. Tangible
   74  personal property is also exempt from ad valorem taxation if the
   75  assessed value of such property is greater than twenty-five
   76  thousand dollars but less than fifty thousand dollars.
   77         (2) A county or municipality may, for the purposes of its
   78  respective tax levy and subject to the provisions of this
   79  subsection and general law, provide additional tangible personal
   80  property tax exemptions by ordinance.
   81         (f) There shall be granted an ad valorem tax exemption for
   82  real property dedicated in perpetuity for conservation purposes,
   83  including real property encumbered by perpetual conservation
   84  easements or by other perpetual conservation protections, as
   85  defined by general law.
   86         (g) By general law and subject to the conditions specified
   87  therein, each person who receives a homestead exemption as
   88  provided in section 6 of this article; who was a member of the
   89  United States military or military reserves, the United States
   90  Coast Guard or its reserves, or the Florida National Guard; and
   91  who was deployed during the preceding calendar year on active
   92  duty outside the continental United States, Alaska, or Hawaii in
   93  support of military operations designated by the legislature
   94  shall receive an additional exemption equal to a percentage of
   95  the taxable value of his or her homestead property. The
   96  applicable percentage shall be calculated as the number of days
   97  during the preceding calendar year the person was deployed on
   98  active duty outside the continental United States, Alaska, or
   99  Hawaii in support of military operations designated by the
  100  legislature divided by the number of days in that year.
  101                             ARTICLE XII                           
  102                              SCHEDULE                             
  103         SECTION 32. Tangible personal property; ad valorem tax
  104  exemption.—The amendment to Section 3 of Article VII providing
  105  that property is exempt from tangible personal property tax if
  106  the assessed value of such property is greater than twenty-five
  107  thousand dollars but less than fifty-thousand dollars applies to
  108  assessments for tax years beginning January 1, 2013.
  109         BE IT FURTHER RESOLVED that the following statement be
  110  placed on the ballot:
  111                      CONSTITUTIONAL AMENDMENT                     
  112                       ARTICLE VII, SECTION 3                      
  113                       ARTICLE XII, SECTION 32                     
  114         PROPERTY TAX EXEMPTION.—Proposing an amendment to the State
  115  Constitution to:
  116         (1) Provide an exemption from ad valorem taxes on tangible
  117  personal property if the assessed value of an owner’s tangible
  118  personal property is greater than $25,000 but less than $50,000
  119  dollars. This additional exemption, if approved by the voters,
  120  will take effect on January 1, 2013, and apply to the 2013 tax
  121  roll.
  122         (2) Authorize a county or municipality, for the purpose of
  123  its respective levy and subject to general law, to provide
  124  tangible personal property tax exemptions by ordinance. This is
  125  in addition to other statewide tangible personal property
  126  exemptions already provided by the Constitution.