Bill Text: FL S1578 | 2011 | Regular Session | Introduced
Bill Title: Homestead Exemption
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1578 Detail]
Download: Florida-2011-S1578-Introduced.html
Florida Senate - 2011 SJR 1578 By Senator Simmons 22-01628A-11 20111578__ 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to Section 6 3 of Article VII and the creation of Section 32 of 4 Article XII of the State Constitution to change the 5 valuation to which the homestead exemption applies and 6 to provide an alternative homestead exemption. 7 8 Be It Resolved by the Legislature of the State of Florida: 9 10 That the following amendment to Section 6 of Article VII 11 and the creation of Section 32 of Article XII of the State 12 Constitution are agreed to and shall be submitted to the 13 electors of this state for approval or rejection at the next 14 general election or at an earlier special election specifically 15 authorized by law for that purpose: 16 ARTICLE VII 17 FINANCE AND TAXATION 18 SECTION 6. Homestead exemptions.— 19 (a) Every person who has the legal or equitable title to 20 real estate and maintains thereon the permanent residence of the 21 owner, or another legally or naturally dependent upon the owner, 22 shall be exempt from taxation thereon, except assessments for 23 special benefits as follows: 24 (1) On, up tothe assessed valuation greater thanof25 twenty-five thousand dollars and up to fifty thousand dollars,26 forall levies other thanschool district levies; and,27 (2) On the assessed valuation greater than twenty-five 28fiftythousand dollars and up to seventy-five thousand dollars 29 for all levies other than school district levies. 30 31 The right to the exemption must be established, upon32establishment of right theretoin the manner prescribed by law. 33 The real estate may be held by legal or equitable title, by the 34 entireties, jointly, in common, as a condominium, or indirectly 35 by stock ownership or membership representing the owner’s or 36 member’s proprietary interest in a corporation owning a fee or a 37 leasehold initially in excess of ninety-eight years. The 38 exemption shall not apply with respect to any assessment roll 39 until such roll is first determined to be in compliance with the 40 provisions of section 4 by a state agency designated by general 41 law. This exemption is repealed on the effective date of any 42 amendment to this Article which provides for the assessment of 43 homestead property at less than just value. 44 (b) Not more than one exemption shall be allowed any 45 individual or family unit or with respect to any residential 46 unit. No exemption shall exceed the value of the real estate 47 assessable to the owner or, in case of ownership through stock 48 or membership in a corporation, the value of the proportion 49 which the interest in the corporation bears to the assessed 50 value of the property. 51 (c) By general law and subject to conditions specified 52 therein, each person who is entitled to receive the homestead 53 exemption provided in subsection (a) is entitled to an 54 additional homestead exemption in an amount equal to forty 55 percent of the just value of the homestead between seventy-five 56 thousand dollars and five-hundred thousand dollars. However, in 57 any year, such person shall receive only the exemption provided 58 in this subsection or the application of the cumulative 59 assessment limitation calculated pursuant to subsection (c) of 60 Section 4, whichever provides the lower taxable value. The 61 exemption does not apply with respect to any assessment roll 62 until such roll is first determined to be in compliance with the 63 provisions of Section 4 by the state agency designated by 64 general law. This exemption is repealed on the effective date of 65 any future amendment to this constitution which provides for the 66 assessment of homestead property at less than just value. 67 (d)(c)By general law and subject to conditions specified 68 therein, the Legislature may provide to renters, who are 69 permanent residents, ad valorem tax relief on all ad valorem tax 70 levies. Such ad valorem tax relief shall be in the form and 71 amount established by general law. 72 (e)(d)The legislature may, by general law, allow counties 73 or municipalities, for the purpose of their respective tax 74 levies and subject to the provisions of general law, to grant an 75 additional homestead tax exemption not exceeding fifty thousand 76 dollars to any person who has the legal or equitable title to 77 real estate and maintains thereon the permanent residence of the 78 owner and who has attained age sixty-five and whose household 79 income, as defined by general law, does not exceed twenty 80 thousand dollars. The general law must allow counties and 81 municipalities to grant this additional exemption, within the 82 limits prescribed in this subsection, by ordinance adopted in 83 the manner prescribed by general law, and must provide for the 84 periodic adjustment of the income limitation prescribed in this 85 subsection for changes in the cost of living. 86 (f)(e)Each veteran who is age 65 or older who is partially 87 or totally permanently disabled shall receive a discount from 88 the amount of the ad valorem tax otherwise owed on homestead 89 property the veteran owns and resides in if the disability was 90 combat related, the veteran was a resident of this state at the 91 time of entering the military service of the United States, and 92 the veteran was honorably discharged upon separation from 93 military service. The discount shall be in a percentage equal to 94 the percentage of the veteran’s permanent, service-connected 95 disability as determined by the United States Department of 96 Veterans Affairs. To qualify for the discount granted by this 97 subsection, an applicant must submit to the county property 98 appraiser, by March 1, proof of residency at the time of 99 entering military service, an official letter from the United 100 States Department of Veterans Affairs stating the percentage of 101 the veteran’s service-connected disability and such evidence 102 that reasonably identifies the disability as combat related, and 103 a copy of the veteran’s honorable discharge. If the property 104 appraiser denies the request for a discount, the appraiser must 105 notify the applicant in writing of the reasons for the denial, 106 and the veteran may reapply. The Legislature may, by general 107 law, waive the annual application requirement in subsequent 108 years. This subsection shall take effect December 7, 2006, is 109 self-executing, and does not require implementing legislation. 110 ARTICLE XII 111 SCHEDULE 112 SECTION 32. Property tax exemptions and ad valorem tax 113 limitations.—The amendments to Section 6 of Article VII, which 114 change the valuation to which the homestead exemption applies 115 and provide an additional homestead exemption equal to the 116 greater of forty percent of the homestead’s just valuation 117 between seventy-five thousand and five-hundred thousand dollars, 118 and this section shall take effect January 1, 2013. 119 BE IT FURTHER RESOLVED that the following statement be 120 placed on the ballot: 121 CONSTITUTIONAL AMENDMENT 122 ARTICLE VII, SECTION 6 123 ARTICLE XII, SECTION 32 124 APPLICATION OF THE HOMESTEAD EXEMPTION; ADDITIONAL 125 HOMESTEAD EXEMPTION.—This proposed amendment to the State 126 Constitution changes the portion of the value of homestead 127 property to which the homestead ad valorem tax exemption applies 128 and provides an additional homestead exemption. 129 Currently, the homestead exemption exempts the first 130 $25,000 of the assessed value of a homestead from ad valorem 131 taxes by all taxing authorities and exempts the assessed value 132 greater than $50,000 and up to $75,000 from ad valorem taxes by 133 all taxing authorities except school districts. This proposed 134 amendment makes the first $25,000 of the assessed value of a 135 homestead subject to ad valorem taxes by all taxing authorities. 136 However, under the amendment the assessed value of a homestead 137 greater than $25,000 and up to $50,000 will be exempt from ad 138 valorem taxes by school districts and the assessed value of the 139 homestead greater than $25,000 and up to $75,000 will be exempt 140 from ad valorem taxes by all taxing authorities except school 141 districts. 142 This proposed amendment to the State Constitution provides 143 for an additional homestead exemption equal to the greater of 40 144 percent of the just value of the homestead property between 145 $75,000 and $500,000. However, if the accumulated benefit 146 already provided under the Save Our Homes amendment to the State 147 Constitution is greater than the additional homestead exemption, 148 the accumulated benefit will apply. The Save Our Homes amendment 149 generally limits the increase in the taxable value of homestead 150 property to the lesser of 3 percent or the rate of inflation. 151 These proposed changes to the State Constitution will take 152 effect on January 1, 2013.