Florida Senate - 2018                                   SJR 1636
       
       
        
       By Senator Rader
       
       
       
       
       
       29-00685-18                                           20181636__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 6
    3         of Article VII and the creation of a new section in
    4         Article XII of the State Constitution to authorize the
    5         Legislature by general law to allow counties and
    6         municipalities to grant by ordinance partial or full
    7         ad valorem tax relief on homestead property of a
    8         parent or parents of an unmarried veteran who died
    9         from combat-related causes while on active duty as a
   10         member of the United States Armed Forces.
   11          
   12  Be It Resolved by the Legislature of the State of Florida:
   13  
   14         That the following amendment to Section 6 of Article VII
   15  and the creation of a new section in 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 6. Homestead exemptions.—
   23         (a) Every person who has the legal or equitable title to
   24  real estate and maintains thereon the permanent residence of the
   25  owner, or another legally or naturally dependent upon the owner,
   26  shall be exempt from taxation thereon, except assessments for
   27  special benefits, up to the assessed valuation of twenty-five
   28  thousand dollars and, for all levies other than school district
   29  levies, on the assessed valuation greater than fifty thousand
   30  dollars and up to seventy-five thousand dollars, upon
   31  establishment of right thereto in the manner prescribed by law.
   32  The real estate may be held by legal or equitable title, by the
   33  entireties, jointly, in common, as a condominium, or indirectly
   34  by stock ownership or membership representing the owner’s or
   35  member’s proprietary interest in a corporation owning a fee or a
   36  leasehold initially in excess of ninety-eight years. The
   37  exemption shall not apply with respect to any assessment roll
   38  until such roll is first determined to be in compliance with the
   39  provisions of section 4 by a state agency designated by general
   40  law. This exemption is repealed on the effective date of any
   41  amendment to this Article which provides for the assessment of
   42  homestead property at less than just value.
   43         (b) Not more than one exemption shall be allowed any
   44  individual or family unit or with respect to any residential
   45  unit. No exemption shall exceed the value of the real estate
   46  assessable to the owner or, in case of ownership through stock
   47  or membership in a corporation, the value of the proportion
   48  which the interest in the corporation bears to the assessed
   49  value of the property.
   50         (c) By general law and subject to conditions specified
   51  therein, the Legislature may provide to renters, who are
   52  permanent residents, ad valorem tax relief on all ad valorem tax
   53  levies. Such ad valorem tax relief shall be in the form and
   54  amount established by general law.
   55         (d) The legislature may, by general law, allow counties or
   56  municipalities, for the purpose of their respective tax levies
   57  and subject to the provisions of general law, to grant either or
   58  both of the following additional homestead tax exemptions:
   59         (1) An exemption not exceeding fifty thousand dollars to a
   60  person who has the legal or equitable title to real estate and
   61  maintains thereon the permanent residence of the owner, who has
   62  attained age sixty-five, and whose household income, as defined
   63  by general law, does not exceed twenty thousand dollars.; or
   64         (2) An exemption equal to the assessed value of the
   65  property to a person who has the legal or equitable title to
   66  real estate with a just value less than two hundred and fifty
   67  thousand dollars, as determined in the first tax year that the
   68  owner applies and is eligible for the exemption, and who has
   69  maintained thereon the permanent residence of the owner for not
   70  less than twenty-five years, who has attained age sixty-five,
   71  and whose household income does not exceed the income limitation
   72  prescribed in paragraph (1).
   73         (3)A partial or full exemption on the homestead property
   74  of the parent or parents of an unmarried veteran who died from
   75  combat-related causes while on active duty as a member of the
   76  United States Armed Forces.
   77  
   78  The general law must allow counties and municipalities to grant
   79  these additional exemptions, within the limits prescribed in
   80  this subsection, by ordinance adopted in the manner prescribed
   81  by general law, and must provide for the periodic adjustment of
   82  the income limitation prescribed in this subsection for changes
   83  in the cost of living.
   84         (e) Each veteran who is age 65 or older who is partially or
   85  totally permanently disabled shall receive a discount from the
   86  amount of the ad valorem tax otherwise owed on homestead
   87  property the veteran owns and resides in if the disability was
   88  combat related and the veteran was honorably discharged upon
   89  separation from military service. The discount shall be in a
   90  percentage equal to the percentage of the veteran’s permanent,
   91  service-connected disability as determined by the United States
   92  Department of Veterans Affairs. To qualify for the discount
   93  granted by this subsection, an applicant must submit to the
   94  county property appraiser, by March 1, an official letter from
   95  the United States Department of Veterans Affairs stating the
   96  percentage of the veteran’s service-connected disability and
   97  such evidence that reasonably identifies the disability as
   98  combat related and a copy of the veteran’s honorable discharge.
   99  If the property appraiser denies the request for a discount, the
  100  appraiser must notify the applicant in writing of the reasons
  101  for the denial, and the veteran may reapply. The Legislature
  102  may, by general law, waive the annual application requirement in
  103  subsequent years. This subsection is self-executing and does not
  104  require implementing legislation.
  105         (f) By general law and subject to conditions and
  106  limitations specified therein, the Legislature may provide ad
  107  valorem tax relief equal to the total amount or a portion of the
  108  ad valorem tax otherwise owed on homestead property to:
  109         (1) The surviving spouse of a veteran who died from
  110  service-connected causes while on active duty as a member of the
  111  United States Armed Forces.
  112         (2) The surviving spouse of a first responder who died in
  113  the line of duty.
  114         (3) A first responder who is totally and permanently
  115  disabled as a result of an injury or injuries sustained in the
  116  line of duty. Causal connection between a disability and service
  117  in the line of duty shall not be presumed but must be determined
  118  as provided by general law. For purposes of this paragraph, the
  119  term “disability” does not include a chronic condition or
  120  chronic disease, unless the injury sustained in the line of duty
  121  was the sole cause of the chronic condition or chronic disease.
  122  
  123  As used in this subsection and as further defined by general
  124  law, the term “first responder” means a law enforcement officer,
  125  a correctional officer, a firefighter, an emergency medical
  126  technician, or a paramedic, and the term “in the line of duty”
  127  means arising out of and in the actual performance of duty
  128  required by employment as a first responder.
  129                             ARTICLE XII                           
  130                              SCHEDULE                             
  131         Ad valorem tax relief for parents of unmarried veterans who
  132  died from combat-related causes.—This section and the amendment
  133  to Section 6 of Article VII authorizing the legislature to enact
  134  general law authorizing municipalities or counties to provide ad
  135  valorem tax relief on homestead property of parents of unmarried
  136  veterans who died from combat-related causes shall take effect
  137  January 1, 2019.
  138         BE IT FURTHER RESOLVED that the following statement be
  139  placed on the ballot:
  140                      CONSTITUTIONAL AMENDMENT                     
  141                       ARTICLE VII, SECTION 6                      
  142                             ARTICLE XII                           
  143         HOMESTEAD TAX RELIEF FOR PARENTS OF UNMARRIED VETERANS WHO
  144  DIED FROM COMBAT-RELATED CAUSES.—Proposes an amendment to the
  145  State Constitution to authorize the Legislature, by law, to
  146  allow counties or municipalities to grant partial or full ad
  147  valorem tax relief on homestead property of a parent or parents
  148  of an unmarried veteran who died from combat-related causes
  149  while on active duty as a member of the United States Armed
  150  Forces. If approved by voters, the amendment takes effect
  151  January 1, 2019.