Florida 2022 Regular Session

Florida House Bill H0923 Latest Draft

Bill / Comm Sub Version Filed 01/25/2022

                               
 
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House Joint Resolution 1 
A joint resolution proposing an amendment to Section 6 2 
of Article VII and the creation of a new section in 3 
Article XII of the State Constitution to authorize the 4 
Legislature to periodically increase the twenty -five 5 
thousand dollar exemption on the assessed value of a 6 
homestead property that is greater than fifty thousand 7 
dollars. 8 
 9 
Be It Resolved by the Legislature of the State of Florida: 10 
 11 
 That the following amendment to Section 6 of Article VII 12 
and the creation of a new section in Article XII of the State 13 
Constitution is agreed to and shall be submitted to the electors 14 
of this state for approval or rejection at the next general 15 
election or at an earlier special election specifically 16 
authorized by law for that purpose: 17 
ARTICLE VII 18 
FINANCE AND TAXATION 19 
 SECTION 6.  Homestead exemptions. — 20 
 (a)(1) Every person who has the legal or equitable title 21 
to real estate and maintains thereon the permanent residence o f 22 
the owner, or another legally or naturally dependent upon the 23 
owner, shall be exempt from taxation thereon, except assessments 24 
for special benefits, up to the assessed valuation of twenty -25     
 
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five thousand dollars and, for all levies other than school 26 
district levies, up to twenty-five thousand dollars on the 27 
assessed valuation greater than fifty thousand dollars and up to 28 
seventy-five thousand dollars , upon establishment of right 29 
thereto in the manner prescribed by law. The real estate may be 30 
held by legal or equitable title, by the entireties, jointly, in 31 
common, as a condominium, or indirectly by stock ownership or 32 
membership representing the owner's or member's proprietary 33 
interest in a corporation owning a fee or a leasehold initially 34 
in excess of ninety-eight years. The exemption shall not apply 35 
with respect to any assessment roll until such roll is first 36 
determined to be in compliance with the provisions of section 4 37 
by a state agency designated by general law. This exemption is 38 
repealed on the effective date of any amendment to this Article 39 
which provides for the assessment of homestead property at less 40 
than just value.  41 
 (2)  The legislature may, by general law, provide for the 42 
periodic increase in the twenty -five thousand dollar exemption 43 
that applies to the assessed valuation greater than fifty 44 
thousand dollars. 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     
 
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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 paragr aph (1). 75     
 
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 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 83 
partially or totally permanently disabled shall receive a 84 
discount from the amount of the ad valorem ta x otherwise owed on 85 
homestead property the veteran owns and resides in if the 86 
disability was combat related and the veteran was honorably 87 
discharged upon separation from military service. The discount 88 
shall be in a percentage equal to the percentage of the 89 
veteran's permanent, service -connected disability as determined 90 
by the United States Department of Veterans Affairs. To qualify 91 
for the discount granted by this paragraph, an applicant must 92 
submit to the county property appraiser, by March 1, an official 93 
letter from the United States Department of Veterans Affairs 94 
stating the percentage of the veteran's service -connected 95 
disability and such evidence that reasonably identifies the 96 
disability as combat related and a copy of the veteran's 97 
honorable discharge. If the property appraiser denies the 98 
request for a discount, the appraiser must notify the applicant 99 
in writing of the reasons for the denial, and the veteran may 100     
 
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reapply. The Legislature may, by general law, waive the annual 101 
application requirement in su bsequent 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 re quire 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 pro perty 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     
 
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 (3)  A first respond er 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. F or 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 p erformance of duty 139 
required by employment as a first responder. 140 
Article XII 141 
SCHEDULE 142 
 Ad valorem tax exemption. —This section and the amendments 143 
to Section 6 of Article VII providing for the periodic increase 144 
in the twenty-five thousand dollar exemption o n the assessed 145 
value of a homestead property that is greater than fifty 146 
thousand dollars shall take effect January 1, 2023. 147 
 BE IT FURTHER RESOLVED that the following statement be 148 
placed on the ballot: 149 
CONSTITUTIONAL AMEND MENT 150     
 
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ARTICLE VII, SECTION 6 151 
 AD VALOREM TAX EXEMPTION ON HOMESTEAD PROPERT Y.—Proposes an 152 
amendment to the State Constitution to authorize the 153 
Legislature, by general law, to periodically increase the 154 
twenty-five thousand dollar exemption on the assessed value of a 155 
homestead property greate r than fifty thousand dollars. 156