Florida 2023 Regular Session

Florida House Bill H0159 Compare Versions

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1010 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
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1212 House Joint Resolution 1
1313 A joint resolution proposing an amendment to Section 6 2
1414 of Article VII and the creation of a new section in 3
1515 Article XII of the State Constitution to increase the 4
1616 just value limit of real estate eligible for the 5
1717 homestead tax exemption that may be granted by 6
1818 counties or municipalities to certain senior, low -7
1919 income, long-term residents, and to provide an 8
2020 effective date. 9
2121 Be It Resolved by the Legislature of the S tate of Florida: 10
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2323 That the following amendment to Section 6 of Article VII 12
2424 and the creation of a new section in Article XII of the State 13
2525 Constitution are agreed to and shall be submitted to the 14
2626 electors of this state for approval or rejection at the nex t 15
2727 general election or at an earlier special election specifically 16
2828 authorized by law for that purpose: 17
2929 ARTICLE VII 18
3030 FINANCE AND TAXATION 19
3131 SECTION 6. Homestead exemptions. — 20
3232 (a) Every person who has the legal or equitable title to 21
3333 real estate and maintains thereon the permanent residence of the 22
3434 owner, or another legally or naturally dependent upon the owner, 23
3535 shall be exempt from taxation thereon, except assessments for 24
3636 special benefits, up to the assessed valuation of twenty -five 25
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4545 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
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4747 thousand dollars and, for al l levies other than school district 26
4848 levies, on the assessed valuation greater than fifty thousand 27
4949 dollars and up to seventy -five thousand dollars, upon 28
5050 establishment of right thereto in the manner prescribed by law. 29
5151 The real estate may be held by legal or equitable title, by the 30
5252 entireties, jointly, in common, as a condominium, or indirectly 31
5353 by stock ownership or membership representing the owner's or 32
5454 member's proprietary interest in a corporation owning a fee or a 33
5555 leasehold initially in excess of ninety -eight years. The 34
5656 exemption shall not apply with respect to any assessment roll 35
5757 until such roll is first determined to be in compliance with the 36
5858 provisions of section 4 by a state agency designated by general 37
5959 law. This exemption is repealed on the effective d ate of any 38
6060 amendment to this Article which provides for the assessment of 39
6161 homestead property at less than just value. 40
6262 (b) Not more than one exemption shall be allowed any 41
6363 individual or family unit or with respect to any residential 42
6464 unit. No exemption sha ll exceed the value of the real estate 43
6565 assessable to the owner or, in case of ownership through stock 44
6666 or membership in a corporation, the value of the proportion 45
6767 which the interest in the corporation bears to the assessed 46
6868 value of the property. 47
6969 (c) By general law and subject to conditions specified 48
7070 therein, the Legislature may provide to renters, who are 49
7171 permanent residents, ad valorem tax relief on all ad valorem tax 50
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8080 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
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8282 levies. Such ad valorem tax relief shall be in the form and 51
8383 amount established by genera l law. 52
8484 (d) The legislature may, by general law, allow counties or 53
8585 municipalities, for the purpose of their respective tax levies 54
8686 and subject to the provisions of general law, to grant either or 55
8787 both of the following additional homestead tax exemptions: 56
8888 (1) An exemption not exceeding fifty thousand dollars to a 57
8989 person who has the legal or equitable title to real estate and 58
9090 maintains thereon the permanent residence of the owner, who has 59
9191 attained age sixty-five, and whose household income, as defined 60
9292 by general law, does not exceed twenty thousand dollars; or 61
9393 (2) An exemption equal to the assessed value of the 62
9494 property to a person who has the legal or equitable title to 63
9595 real estate with a just value less than three two hundred and 64
9696 fifty thousand dollars, as determined in the first tax year that 65
9797 the owner applies and is eligible for the exemption, and who has 66
9898 maintained thereon the permanent residence of the owner for not 67
9999 less than twenty-five years, who has attained age sixty -five, 68
100100 and whose household inco me does not exceed the income limitation 69
101101 prescribed in paragraph (1). 70
102102 71
103103 The general law must allow counties and municipalities to grant 72
104104 these additional exemptions, within the limits prescribed in 73
105105 this subsection, by ordinance adopted in the manner prescrib ed 74
106106 by general law, and must provide for the periodic adjustment of 75
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115115 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
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117117 the income limitation prescribed in this subsection for changes 76
118118 in the cost of living. 77
119119 (e)(1) Each veteran who is age 65 or older who is 78
120120 partially or totally permanently disabled shall re ceive a 79
121121 discount from the amount of the ad valorem tax otherwise owed on 80
122122 homestead property the veteran owns and resides in if the 81
123123 disability was combat related and the veteran was honorably 82
124124 discharged upon separation from military service. The discount 83
125125 shall be in a percentage equal to the percentage of the 84
126126 veteran's permanent, service -connected disability as determined 85
127127 by the United States Department of Veterans Affairs. To qualify 86
128128 for the discount granted by this paragraph, an applicant must 87
129129 submit to the county property appraiser, by March 1, an official 88
130130 letter from the United States Department of Veterans Affairs 89
131131 stating the percentage of the veteran's service -connected 90
132132 disability and such evidence that reasonably identifies the 91
133133 disability as combat rel ated and a copy of the veteran's 92
134134 honorable discharge. If the property appraiser denies the 93
135135 request for a discount, the appraiser must notify the applicant 94
136136 in writing of the reasons for the denial, and the veteran may 95
137137 reapply. The Legislature may, by genera l law, waive the annual 96
138138 application requirement in subsequent years. 97
139139 (2) If a veteran who receives the discount described in 98
140140 paragraph (1) predeceases his or her spouse, and if, upon the 99
141141 death of the veteran, the surviving spouse holds the legal or 100
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150150 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
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152152 beneficial title to the homestead property and permanently 101
153153 resides thereon, the discount carries over to the surviving 102
154154 spouse until he or she remarries or sells or otherwise disposes 103
155155 of the homestead property. If the surviving spouse sells or 104
156156 otherwise disposes of the property, a discount not to exceed the 105
157157 dollar amount granted from the most recent ad valorem tax roll 106
158158 may be transferred to the surviving spouse's new homestead 107
159159 property, if used as his or her permanent residence and he or 108
160160 she has not remarried. 109
161161 (3) This subsection is self -executing and does not require 110
162162 implementing legislation. 111
163163 (f) By general law and subject to conditions and 112
164164 limitations specified therein, the Legislature may provide ad 113
165165 valorem tax relief equal to the total amount or a portion of the 114
166166 ad valorem tax otherwise owed on homestead property to: 115
167167 (1) The surviving spouse of a veteran who died from 116
168168 service-connected causes while on active duty as a member of the 117
169169 United States Armed Forces. 118
170170 (2) The surviving spouse of a first respond er who died in 119
171171 the line of duty. 120
172172 (3) A first responder who is totally and permanently 121
173173 disabled as a result of an injury or injuries sustained in the 122
174174 line of duty. Causal connection between a disability and service 123
175175 in the line of duty shall not be presume d but must be determined 124
176176 as provided by general law. For purposes of this paragraph, the 125
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185185 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
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187187 term "disability" does not include a chronic condition or 126
188188 chronic disease, unless the injury sustained in the line of duty 127
189189 was the sole cause of the chronic condition or chronic disease. 128
190190 129
191191 As used in this subsection and as further defined by general 130
192192 law, the term "first responder" means a law enforcement officer, 131
193193 a correctional officer, a firefighter, an emergency medical 132
194194 technician, or a paramedic, and the term "in the line of duty" 133
195195 means arising out of and in the actual performance of duty 134
196196 required by employment as a first responder. 135
197197 ARTICLE XII 136
198198 SCHEDULE 137
199199 Additional homestead tax exemption for certain persons age 138
200200 sixty-five or older; increased just value limit. —The amendment 139
201201 to Section 6 of Article VII increasing the just value limit of 140
202202 real estate eligible for the additional homestead tax exemption 141
203203 for certain persons age sixty -five or older shall take effect 142
204204 January 1, 2025. 143
205205 BE IT FURTHER RESOLVED that the following statement be 144
206206 placed on the ballot: 145
207207 CONSTITUTIONAL AMENDMENT 146
208208 ARTICLE VII, SECTION 6 147
209209 ARTICLE XII 148
210210 HOMESTEAD TAX EXEMPTION FOR CERTAIN SENIOR, LOW -INCOME, 149
211211 LONG-TERM RESIDENTS; INCREASED JUST VALUE LIMIT. —Proposing an 150
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220220 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
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222222 amendment to the State Constitution to in crease the just value 151
223223 limit, from $250,000 to $300,000, of real estate eligible for 152
224224 the homestead tax exemption that may be granted by counties or 153
225225 municipalities to certain senior, low -income, long-term 154
226226 residents. If approved, this amendment shall take eff ect January 155
227227 1, 2025. 156