Florida Senate - 2022                                   SJR 1746
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-01879-22                                            20221746__
    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 grant an additional
    6         homestead property tax exemption on $50,000 of the
    7         assessed value of homestead property owned by
    8         classroom teachers, law enforcement officers,
    9         correctional officers, firefighters, child welfare
   10         services professionals, active duty members of the
   11         United States Armed Forces, and members of the Florida
   12         National Guard.
   13          
   14  Be It Resolved by the Legislature of the State of Florida:
   15  
   16         That the following amendment to Section 6 of Article VII
   17  and the creation of a new section in Article XII of the State
   18  Constitution are agreed to and shall be submitted to the
   19  electors of this state for approval or rejection at the next
   20  general election or at an earlier special election specifically
   21  authorized by law for that purpose:
   22                             ARTICLE VII                           
   23                        FINANCE AND TAXATION                       
   24         SECTION 6. Homestead exemptions.—
   25         (a) Every person who has the legal or equitable title to
   26  real estate and maintains thereon the permanent residence of the
   27  owner, or another legally or naturally dependent upon the owner,
   28  shall be exempt from taxation thereon, except assessments for
   29  special benefits, up to the assessed valuation of twenty-five
   30  thousand dollars and, for all levies other than school district
   31  levies, on the assessed valuation greater than fifty thousand
   32  dollars and up to seventy-five thousand dollars, upon
   33  establishment of right thereto in the manner prescribed by law.
   34  The real estate may be held by legal or equitable title, by the
   35  entireties, jointly, in common, as a condominium, or indirectly
   36  by stock ownership or membership representing the owner’s or
   37  member’s proprietary interest in a corporation owning a fee or a
   38  leasehold initially in excess of ninety-eight years. The
   39  exemption shall not apply with respect to any assessment roll
   40  until such roll is first determined to be in compliance with the
   41  provisions of section 4 by a state agency designated by general
   42  law. This exemption is repealed on the effective date of any
   43  amendment to this Article which provides for the assessment of
   44  homestead property at less than just value.
   45         (b) Not more than one exemption shall be allowed any
   46  individual or family unit or with respect to any residential
   47  unit. No exemption shall exceed the value of the real estate
   48  assessable to the owner or, in case of ownership through stock
   49  or membership in a corporation, the value of the proportion
   50  which the interest in the corporation bears to the assessed
   51  value of the property.
   52         (c) By general law and subject to conditions specified
   53  therein, the Legislature may provide to renters, who are
   54  permanent residents, ad valorem tax relief on all ad valorem tax
   55  levies. Such ad valorem tax relief shall be in the form and
   56  amount established by general law.
   57         (d) The legislature may, by general law, allow counties or
   58  municipalities, for the purpose of their respective tax levies
   59  and subject to the provisions of general law, to grant either or
   60  both of the following additional homestead tax exemptions:
   61         (1) An exemption not exceeding fifty thousand dollars to a
   62  person who has the legal or equitable title to real estate and
   63  maintains thereon the permanent residence of the owner, who has
   64  attained age sixty-five, and whose household income, as defined
   65  by general law, does not exceed twenty thousand dollars; or
   66         (2) An exemption equal to the assessed value of the
   67  property to a person who has the legal or equitable title to
   68  real estate with a just value less than two hundred and fifty
   69  thousand dollars, as determined in the first tax year that the
   70  owner applies and is eligible for the exemption, and who has
   71  maintained thereon the permanent residence of the owner for not
   72  less than twenty-five years, who has attained age sixty-five,
   73  and whose household income does not exceed the income limitation
   74  prescribed in paragraph (1).
   75  
   76  The general law must allow counties and municipalities to grant
   77  these additional exemptions, within the limits prescribed in
   78  this subsection, by ordinance adopted in the manner prescribed
   79  by general law, and must provide for the periodic adjustment of
   80  the income limitation prescribed in this subsection for changes
   81  in the cost of living.
   82         (e)(1) Each veteran who is age 65 or older who is partially
   83  or totally permanently disabled shall receive a discount from
   84  the amount of the ad valorem tax otherwise owed on homestead
   85  property the veteran owns and resides in if the disability was
   86  combat related and the veteran was honorably discharged upon
   87  separation from military service. The discount shall be in a
   88  percentage equal to the percentage of the veteran’s permanent,
   89  service-connected disability as determined by the United States
   90  Department of Veterans Affairs. To qualify for the discount
   91  granted by this paragraph, an applicant must submit to the
   92  county property appraiser, by March 1, an official letter from
   93  the United States Department of Veterans Affairs stating the
   94  percentage of the veteran’s service-connected disability and
   95  such evidence that reasonably identifies the disability as
   96  combat related and a copy of the veteran’s honorable discharge.
   97  If the property appraiser denies the request for a discount, the
   98  appraiser must notify the applicant in writing of the reasons
   99  for the denial, and the veteran may reapply. The Legislature
  100  may, by general law, waive the annual application requirement in
  101  subsequent years.
  102         (2) If a veteran who receives the discount described in
  103  paragraph (1) predeceases his or her spouse, and if, upon the
  104  death of the veteran, the surviving spouse holds the legal or
  105  beneficial title to the homestead property and permanently
  106  resides thereon, the discount carries over to the surviving
  107  spouse until he or she remarries or sells or otherwise disposes
  108  of the homestead property. If the surviving spouse sells or
  109  otherwise disposes of the property, a discount not to exceed the
  110  dollar amount granted from the most recent ad valorem tax roll
  111  may be transferred to the surviving spouse’s new homestead
  112  property, if used as his or her permanent residence and he or
  113  she has not remarried.
  114         (3) This subsection is self-executing and does not require
  115  implementing legislation.
  116         (f) By general law and subject to conditions and
  117  limitations specified therein, the Legislature may provide ad
  118  valorem tax relief equal to the total amount or a portion of the
  119  ad valorem tax otherwise owed on homestead property to:
  120         (1) The surviving spouse of a veteran who died from
  121  service-connected causes while on active duty as a member of the
  122  United States Armed Forces.
  123         (2) The surviving spouse of a first responder who died in
  124  the line of duty.
  125         (3) A first responder who is totally and permanently
  126  disabled as a result of an injury or injuries sustained in the
  127  line of duty. Causal connection between a disability and service
  128  in the line of duty shall not be presumed but must be determined
  129  as provided by general law. For purposes of this paragraph, the
  130  term “disability” does not include a chronic condition or
  131  chronic disease, unless the injury sustained in the line of duty
  132  was the sole cause of the chronic condition or chronic disease.
  133  
  134  As used in this subsection and as further defined by general
  135  law, the term “first responder” means a law enforcement officer,
  136  a correctional officer, a firefighter, an emergency medical
  137  technician, or a paramedic, and the term “in the line of duty”
  138  means arising out of and in the actual performance of duty
  139  required by employment as a first responder.
  140         (g)By general law and subject to conditions and
  141  limitations specified therein, the Legislature may provide an
  142  additional homestead exemption on the assessed valuation of
  143  greater than one hundred thousand dollars and up to one hundred
  144  fifty thousand dollars to a classroom teacher, a law enforcement
  145  officer, a correctional officer, a firefighter, a child welfare
  146  services professional, an active duty member of the United
  147  States Armed Forces, or a member of the Florida National Guard
  148  who has the legal or equitable title to real estate and
  149  maintains thereon the permanent residence of the owner.
  150                             ARTICLE XII                           
  151                              SCHEDULE                             
  152         Additional homestead property tax exemption for specified
  153  critical public services workforce.—This section and the
  154  amendment to Section 6 of Article VII, authorizing the
  155  legislature to grant an additional homestead property tax
  156  exemption on $50,000 of the assessed value of homestead property
  157  owned by classroom teachers, law enforcement officers,
  158  correctional officers, firefighters, child welfare services
  159  professionals, active duty members of the United States Armed
  160  Forces, and members of the Florida National Guard, shall take
  161  effect January 1, 2023.
  162         BE IT FURTHER RESOLVED that the following statement be
  163  placed on the ballot:
  164                      CONSTITUTIONAL AMENDMENT                     
  165                       ARTICLE VII, SECTION 6                      
  166                             ARTICLE XII                           
  167         ADDITIONAL HOMESTEAD PROPERTY TAX EXEMPTION FOR SPECIFIED
  168  CRITICAL PUBLIC SERVICES WORKFORCE.—Proposing an amendment to
  169  the State Constitution to authorize the Legislature, by general
  170  law, to grant an additional homestead tax exemption of up to
  171  $50,000 of the assessed value of homestead property owned by
  172  classroom teachers, law enforcement officers, correctional
  173  officers, firefighters, child welfare services professionals,
  174  active duty members of the United States Armed Forces, and
  175  members of the Florida National Guard. This amendment shall take
  176  effect January 1, 2023.