Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SJR 492 Ì915198PÎ915198 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/25/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Finance and Tax (Flores) recommended the following: 1 Senate Amendment (with ballot and title amendments) 2 3 Delete everything after the resolving clause 4 and insert: 5 That the following amendment to Section 6 of Article VII 6 and the creation of a new section in Article XII of the State 7 Constitution are agreed to and shall be submitted to the 8 electors of this state for approval or rejection at the next 9 general election or at an earlier special election specifically 10 authorized by law for that purpose: 11 ARTICLE VII 12 FINANCE AND TAXATION 13 SECTION 6. Homestead exemptions.— 14 (a) Every person who has the legal or equitable title to 15 real estate and maintains thereon the permanent residence of the 16 owner, or another legally or naturally dependent upon the owner, 17 shall be exempt from taxation thereon, except assessments for 18 special benefits, up to the assessed valuation of twenty-five 19 thousand dollars and, for all levies other than school district 20 levies, on the assessed valuation greater than fifty thousand 21 dollars and up to seventy-five thousand dollars, upon 22 establishment of right thereto in the manner prescribed by law. 23 The real estate may be held by legal or equitable title, by the 24 entireties, jointly, in common, as a condominium, or indirectly 25 by stock ownership or membership representing the owner’s or 26 member’s proprietary interest in a corporation owning a fee or a 27 leasehold initially in excess of ninety-eight years. The 28 exemption shall not apply with respect to any assessment roll 29 until such roll is first determined to be in compliance with the 30 provisions of section 4 by a state agency designated by general 31 law. This exemption is repealed on the effective date of any 32 amendment to this Article which provides for the assessment of 33 homestead property at less than just value. 34 (b) Not more than one exemption shall be allowed any 35 individual or family unit or with respect to any residential 36 unit. No exemption shall exceed the value of the real estate 37 assessable to the owner or, in case of ownership through stock 38 or membership in a corporation, the value of the proportion 39 which the interest in the corporation bears to the assessed 40 value of the property. 41 (c) By general law and subject to conditions specified 42 therein, the Legislature may provide to renters, who are 43 permanent residents, ad valorem tax relief on all ad valorem tax 44 levies. Such ad valorem tax relief shall be in the form and 45 amount established by general law. 46 (d) The legislature may, by general law, allow counties or 47 municipalities, for the purpose of their respective tax levies 48 and subject to the provisions of general law, to grant either or 49 both of the following additional homestead tax exemptions: 50 (1) An exemption not exceeding fifty thousand dollars to a 51
anyperson who has the legal or equitable title to real estate 52 and maintains thereon the permanent residence of the owner, and53 who has attained age sixty-five, and whose household income, as 54 defined by general law, does not exceed twenty thousand dollars; 55 or 56 (2) An exemption equal to the assessed value of the 57 property to a anyperson who has the legal or equitable title to 58 real estate with a just value less than two hundred and fifty 59 thousand dollars, as determined in the first tax year that the 60 owner applies and is eligible for the exemption, and who has 61 maintained thereon the permanent residence of the owner for not 62 less than twenty-five years, andwho has attained age sixty 63 five, and whose household income does not exceed the income 64 limitation prescribed in paragraph (1). 65 66 The general law must allow counties and municipalities to grant 67 these additional exemptions, within the limits prescribed in 68 this subsection, by ordinance adopted in the manner prescribed 69 by general law, and must provide for the periodic adjustment of 70 the income limitation prescribed in this subsection for changes 71 in the cost of living. 72 (e) Each veteran who is age 65 or older who is partially or 73 totally permanently disabled shall receive a discount from the 74 amount of the ad valorem tax otherwise owed on homestead 75 property the veteran owns and resides in if the disability was 76 combat related and the veteran was honorably discharged upon 77 separation from military service. The discount shall be in a 78 percentage equal to the percentage of the veteran’s permanent, 79 service-connected disability as determined by the United States 80 Department of Veterans Affairs. To qualify for the discount 81 granted by this subsection, an applicant must submit to the 82 county property appraiser, by March 1, an official letter from 83 the United States Department of Veterans Affairs stating the 84 percentage of the veteran’s service-connected disability and 85 such evidence that reasonably identifies the disability as 86 combat related and a copy of the veteran’s honorable discharge. 87 If the property appraiser denies the request for a discount, the 88 appraiser must notify the applicant in writing of the reasons 89 for the denial, and the veteran may reapply. The Legislature 90 may, by general law, waive the annual application requirement in 91 subsequent years. This subsection is self-executing and does not 92 require implementing legislation. 93 (f) By general law and subject to conditions and 94 limitations specified therein, the Legislature may provide ad 95 valorem tax relief equal to the total amount or a portion of the 96 ad valorem tax otherwise owed on homestead property to the: 97 (1) Surviving spouse of a veteran who died from service 98 connected causes while on active duty as a member of the United 99 States Armed Forces. 100 (2) Surviving spouse of a first responder who died in the 101 line of duty. 102 (3) As used in this subsection and as further defined by 103 general law, the term: 104 a. “First responder” means a law enforcement officer, a 105 correctional officer, a firefighter, an emergency medical 106 technician, or a paramedic. 107 b. “In the line of duty” means arising out of and in the 108 actual performance of duty required by employment as a first 109 responder. 110 ARTICLE XII 111 SCHEDULE 112 Additional ad valorem exemption for persons age sixty-five 113 or older.—This section and the amendment to Section 6 of Article 114 VII revising the just value determination for the additional ad 115 valorem tax exemption for persons age sixty-five or older shall 116 take effect January 1, 2017, following approval by the electors, 117 and shall operate retroactively to January 1, 2013, for any 118 person who received the exemption under paragraph (2) of Section 119 6(d) of Article VII before January 1, 2017. 120 121 ====== B A L L O T S T A T E M E N T A M E N D M E N T ====== 122 And the ballot statement is amended as follows: 123 Delete everything after the resolving clause 124 and insert: 125 CONSTITUTIONAL AMENDMENT 126 ARTICLE VII, SECTION 6 127 ARTICLE XII 128 HOMESTEAD TAX EXEMPTION FOR CERTAIN SENIOR, LOW-INCOME, 129 LONG-TERM RESIDENTS; DETERMINATION OF JUST VALUE.—Proposing an 130 amendment to the State Constitution to revise the homestead tax 131 exemption that may be granted by counties or municipalities for 132 property with just value less than $250,000 owned by certain 133 senior, low-income, long-term residents to specify that just 134 value is determined in the first tax year the owner applies and 135 is eligible for the exemption. The amendment takes effect 136 January 1, 2017, and applies retroactively to exemptions granted 137 before January 1, 2017. 138 139 ================= T I T L E A M E N D M E N T ================ 140 And the title is amended as follows: 141 Delete everything before the resolving clause 142 and insert: 143 Senate Joint Resolution 144 A joint resolution proposing an amendment to Section 6 145 of Article VII and the creation of a new section in 146 Article XII of the State Constitution to revise the 147 homestead tax exemption that may be granted by 148 counties or municipalities, if authorized by general 149 law, for the assessed value of property with a just 150 value less than $250,000 and owned by persons age 65 151 or older who meet certain residence and income 152 requirements to specify that just value shall be 153 determined in the first tax year that the owner 154 applies and is eligible for the exemption and to 155 provide retroactive applicability and an effective 156 date.