Florida 2023 2023 Regular Session

Florida House Bill H0159 Introduced / Bill

Filed 01/10/2023

                        
    
HJR 159  	2023 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
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 increase the 4 
just value limit of real estate eligible for the 5 
homestead tax exemption that may be granted by 6 
counties or municipalities to certain senior, low -7 
income, long-term residents, and to provide an 8 
effective date. 9 
Be It Resolved by the Legislature of the S tate 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 are agreed to and shall be submitted to the 14 
electors of this state for approval or rejection at the nex t 15 
general 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)  Every person who has the legal or equitable title to 21 
real estate and maintains thereon the permanent residence of the 22 
owner, or another legally or naturally dependent upon the owner, 23 
shall be exempt from taxation thereon, except assessments for 24 
special benefits, up to the assessed valuation of twenty -five 25      
    
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
thousand dollars and, for al l levies other than school district 26 
levies, on the assessed valuation greater than fifty thousand 27 
dollars and up to seventy -five thousand dollars, upon 28 
establishment of right thereto in the manner prescribed by law. 29 
The real estate may be held by legal or equitable title, by the 30 
entireties, jointly, in common, as a condominium, or indirectly 31 
by stock ownership or membership representing the owner's or 32 
member's proprietary interest in a corporation owning a fee or a 33 
leasehold initially in excess of ninety -eight years. The 34 
exemption shall not apply with respect to any assessment roll 35 
until such roll is first determined to be in compliance with the 36 
provisions of section 4 by a state agency designated by general 37 
law. This exemption is repealed on the effective d ate of any 38 
amendment to this Article which provides for the assessment of 39 
homestead property at less than just value. 40 
 (b)  Not more than one exemption shall be allowed any 41 
individual or family unit or with respect to any residential 42 
unit. No exemption sha ll exceed the value of the real estate 43 
assessable to the owner or, in case of ownership through stock 44 
or membership in a corporation, the value of the proportion 45 
which the interest in the corporation bears to the assessed 46 
value of the property. 47 
 (c)  By general law and subject to conditions specified 48 
therein, the Legislature may provide to renters, who are 49 
permanent residents, ad valorem tax relief on all ad valorem tax 50      
    
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
levies. Such ad valorem tax relief shall be in the form and 51 
amount established by genera l law. 52 
 (d)  The legislature may, by general law, allow counties or 53 
municipalities, for the purpose of their respective tax levies 54 
and subject to the provisions of general law, to grant either or 55 
both of the following additional homestead tax exemptions: 56 
 (1)  An exemption not exceeding fifty thousand dollars to a 57 
person who has the legal or equitable title to real estate and 58 
maintains thereon the permanent residence of the owner, who has 59 
attained age sixty-five, and whose household income, as defined 60 
by general law, does not exceed twenty thousand dollars; or 61 
 (2)  An exemption equal to the assessed value of the 62 
property to a person who has the legal or equitable title to 63 
real estate with a just value less than three two hundred and 64 
fifty thousand dollars, as determined in the first tax year that 65 
the owner applies and is eligible for the exemption, and who has 66 
maintained thereon the permanent residence of the owner for not 67 
less than twenty-five years, who has attained age sixty -five, 68 
and whose household inco me does not exceed the income limitation 69 
prescribed in paragraph (1). 70 
 71 
The general law must allow counties and municipalities to grant 72 
these additional exemptions, within the limits prescribed in 73 
this subsection, by ordinance adopted in the manner prescrib ed 74 
by general law, and must provide for the periodic adjustment of 75      
    
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the income limitation prescribed in this subsection for changes 76 
in the cost of living. 77 
 (e)(1)  Each veteran who is age 65 or older who is 78 
partially or totally permanently disabled shall re ceive a 79 
discount from the amount of the ad valorem tax otherwise owed on 80 
homestead property the veteran owns and resides in if the 81 
disability was combat related and the veteran was honorably 82 
discharged upon separation from military service. The discount 83 
shall be in a percentage equal to the percentage of the 84 
veteran's permanent, service -connected disability as determined 85 
by the United States Department of Veterans Affairs. To qualify 86 
for the discount granted by this paragraph, an applicant must 87 
submit to the county property appraiser, by March 1, an official 88 
letter from the United States Department of Veterans Affairs 89 
stating the percentage of the veteran's service -connected 90 
disability and such evidence that reasonably identifies the 91 
disability as combat rel ated and a copy of the veteran's 92 
honorable discharge. If the property appraiser denies the 93 
request for a discount, the appraiser must notify the applicant 94 
in writing of the reasons for the denial, and the veteran may 95 
reapply. The Legislature may, by genera l law, waive the annual 96 
application requirement in subsequent years. 97 
 (2)  If a veteran who receives the discount described in 98 
paragraph (1) predeceases his or her spouse, and if, upon the 99 
death of the veteran, the surviving spouse holds the legal or 100      
    
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beneficial title to the homestead property and permanently 101 
resides thereon, the discount carries over to the surviving 102 
spouse until he or she remarries or sells or otherwise disposes 103 
of the homestead property. If the surviving spouse sells or 104 
otherwise disposes of the property, a discount not to exceed the 105 
dollar amount granted from the most recent ad valorem tax roll 106 
may be transferred to the surviving spouse's new homestead 107 
property, if used as his or her permanent residence and he or 108 
she has not remarried. 109 
 (3)  This subsection is self -executing and does not require 110 
implementing legislation. 111 
 (f)  By general law and subject to conditions and 112 
limitations specified therein, the Legislature may provide ad 113 
valorem tax relief equal to the total amount or a portion of the 114 
ad valorem tax otherwise owed on homestead property to: 115 
 (1)  The surviving spouse of a veteran who died from 116 
service-connected causes while on active duty as a member of the 117 
United States Armed Forces. 118 
 (2)  The surviving spouse of a first respond er who died in 119 
the line of duty. 120 
 (3)  A first responder who is totally and permanently 121 
disabled as a result of an injury or injuries sustained in the 122 
line of duty. Causal connection between a disability and service 123 
in the line of duty shall not be presume d but must be determined 124 
as provided by general law. For purposes of this paragraph, the 125      
    
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term "disability" does not include a chronic condition or 126 
chronic disease, unless the injury sustained in the line of duty 127 
was the sole cause of the chronic condition or chronic disease. 128 
 129 
As used in this subsection and as further defined by general 130 
law, the term "first responder" means a law enforcement officer, 131 
a correctional officer, a firefighter, an emergency medical 132 
technician, or a paramedic, and the term "in the line of duty" 133 
means arising out of and in the actual performance of duty 134 
required by employment as a first responder. 135 
ARTICLE XII 136 
SCHEDULE 137 
 Additional homestead tax exemption for certain persons age 138 
sixty-five or older; increased just value limit. —The amendment 139 
to Section 6 of Article VII increasing the just value limit of 140 
real estate eligible for the additional homestead tax exemption 141 
for certain persons age sixty -five or older shall take effect 142 
January 1, 2025. 143 
 BE IT FURTHER RESOLVED that the following statement be 144 
placed on the ballot: 145 
CONSTITUTIONAL AMENDMENT 146 
ARTICLE VII, SECTION 6 147 
ARTICLE XII 148 
 HOMESTEAD TAX EXEMPTION FOR CERTAIN SENIOR, LOW -INCOME, 149 
LONG-TERM RESIDENTS; INCREASED JUST VALUE LIMIT. —Proposing an 150      
    
HJR 159  	2023 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
amendment to the State Constitution to in crease the just value 151 
limit, from $250,000 to $300,000, of real estate eligible for 152 
the homestead tax exemption that may be granted by counties or 153 
municipalities to certain senior, low -income, long-term 154 
residents. If approved, this amendment shall take eff ect January 155 
1, 2025. 156