Florida 2024 Regular Session

Florida House Bill H0053 Latest Draft

Bill / Introduced Version Filed 09/19/2023

                                
    
HJR 53  	2024 
 
 
 
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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 authorize the 4 
Legislature to provide for a homestead property tax 5 
exemption for the surviving spouse of certain 6 
quadriplegics. 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 of 11 
the State Constitution is agreed to and shall be submitted to 12 
the electors of this state for approval or rejection at the next 13 
general election or at an earlier special election specifically 14 
authorized by law for that purpose: 15 
ARTICLE VII 16 
FINANCE AND TAXATION 17 
 SECTION 6.  Homestead exemptions. — 18 
 (a)  Every person who has the legal or equitable title to 19 
real estate and maintains thereon the permanent residence of the 20 
owner, or another legally or naturally dependent upon the owner, 21 
shall be exempt from taxation thereon, except assessments for 22 
special benefits, up to the assessed valuation of twenty -five 23 
thousand dollars and, for all levies other than school district 24 
levies, on the assessed valuation greater than fifty thousand 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 
 
dollars and up to seventy -five thousand dollars, upon 26 
establishment of right thereto in the manner prescribed by law. 27 
The real estate may be held by legal or equitable title, by the 28 
entireties, jointly, in common, as a condominium, or indirectly 29 
by stock ownership or membership representing the owne r's or 30 
member's proprietary interest in a corporation owning a fee or a 31 
leasehold initially in excess of ninety -eight years. The 32 
exemption shall not apply with respect to any assessment roll 33 
until such roll is first determined to be in compliance with the 34 
provisions of section 4 by a state agency designated by general 35 
law. This exemption is repealed on the effective date of any 36 
amendment to this Article which provides for the assessment of 37 
homestead property at less than just value. 38 
 (b)  Not more than one exemption shall be allowed any 39 
individual or family unit or with respect to any residential 40 
unit. No exemption shall exceed the value of the real estate 41 
assessable to the owner or, in case of ownership through stock 42 
or membership in a corporation, the valu e of the proportion 43 
which the interest in the corporation bears to the assessed 44 
value of the property. 45 
 (c)  By general law and subject to conditions specified 46 
therein, the Legislature may provide to renters, who are 47 
permanent residents, ad valorem tax rel ief on all ad valorem tax 48 
levies. Such ad valorem tax relief shall be in the form and 49 
amount established by general law. 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 
 
 (d)  The legislature may, by general law, allow counties or 51 
municipalities, for the purpose of their respective tax levies 52 
and subject to the provisions of general law, to grant either or 53 
both of the following additional homestead tax exemptions: 54 
 (1)  An exemption not exceeding fifty thousand dollars to a 55 
person who has the legal or equitable title to real estate and 56 
maintains thereon the permanent residence of the owner, who has 57 
attained age sixty-five, and whose household income, as defined 58 
by general law, does not exceed twenty thousand dollars; or 59 
 (2)  An exemption equal to the assessed value of the 60 
property to a person who has the legal or equitable title to 61 
real estate with a just value less than two hundred and fifty 62 
thousand dollars, as determined in the first tax year that the 63 
owner applies and is eligible for the exemption, and who has 64 
maintained thereon the permanent residence of the owner for not 65 
less than twenty-five years, who has attained age sixty -five, 66 
and whose household income does not exceed the income limitation 67 
prescribed in paragraph (1). 68 
 69 
The general law must allow counties and municipalities to grant 70 
these additional exemptions, within the limits prescribed in 71 
this subsection, by ordinance adopted in the manner prescribed 72 
by general law, and must provide for the periodic adjustment of 73 
the income limitation prescribed in this subsection for changes 74 
in the cost of living. 75      
    
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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 
 
 (e)(1)  Each veteran who is age 65 or older who is 76 
partially or totally permanently disabled shall receive a 77 
discount from the amount of the ad valorem tax otherwise owed on 78 
homestead property the veteran owns and resides in if the 79 
disability was combat related and the veteran was honorably 80 
discharged upon separation from military service. The discount 81 
shall be in a percentage equal to the percentage of the 82 
veteran's permanent, service -connected disability as determined 83 
by the United States Departm ent of Veterans Affairs. To qualify 84 
for the discount granted by this paragraph, an applicant must 85 
submit to the county property appraiser, by March 1, an official 86 
letter from the United States Department of Veterans Affairs 87 
stating the percentage of the ve teran's service-connected 88 
disability and such evidence that reasonably identifies the 89 
disability as combat related and a copy of the veteran's 90 
honorable discharge. If the property appraiser denies the 91 
request for a discount, the appraiser must notify the a pplicant 92 
in writing of the reasons for the denial, and the veteran may 93 
reapply. The Legislature may, by general law, waive the annual 94 
application requirement in subsequent years. 95 
 (2)  If a veteran who receives the discount described in 96 
paragraph (1) predeceases his or her spouse, and if, upon the 97 
death of the veteran, the surviving spouse holds the legal or 98 
beneficial title to the homestead property and permanently 99 
resides thereon, the discount carries over to the surviving 100      
    
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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 
 
spouse until he or she remarries or sells or otherwise disposes 101 
of the homestead property. If the surviving spouse sells or 102 
otherwise disposes of the property, a discount not to exceed the 103 
dollar amount granted from the most recent ad valorem tax roll 104 
may be transferred to the surviving spouse's new homestead 105 
property, if used as his or her permanent residence and he or 106 
she has not remarried. 107 
 (3)  This subsection is self -executing and does not require 108 
implementing legislation. 109 
 (f)  By general law and subject to conditions and 110 
limitations specified therein, the Legislature may provide ad 111 
valorem tax relief equal to the total amount or a portion of the 112 
ad valorem tax otherwise owed on homestead property to: 113 
 (1)  The surviving spouse of a veteran who died from 114 
service-connected causes whil e on active duty as a member of the 115 
United States Armed Forces. 116 
 (2)  The surviving spouse of a first responder who died in 117 
the line of duty. 118 
 (3)  A first responder who is totally and permanently 119 
disabled as a result of an injury or injuries sustained in the 120 
line of duty. Causal connection between a disability and service 121 
in the line of duty shall not be presumed but must be determined 122 
as provided by general law. For purposes of this paragraph, the 123 
term "disability" does not include a chronic condition or 124 
chronic disease, unless the injury sustained in the line of duty 125      
    
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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 
 
was the sole cause of the chronic condition or chronic disease. 126 
 (4)  The surviving spouse of a quadriplegic who was 127 
receiving a property tax exemption on real estate used and owned 128 
as a homestead at the time of their death. 129 
 130 
As used in this subsection and as further defined by general 131 
law, the term "first responder" means a law enforcement officer, 132 
a correctional officer, a firefighter, an emergency medical 133 
technician, or a paramedic, and the term "in the line of duty" 134 
means arising out of and in the actual performance of duty 135 
required by employment as a first responder. 136 
ARTICLE XII 137 
SCHEDULE 138 
 Ad valorem tax exemption for surviving spouses 139 
quadriplegics.—This section and the amendment to Sect ion 6 of 140 
Article VII, authorizing the Legislature to provide for a 141 
homestead property tax exemption for the surviving spouse of a 142 
quadriplegic who was receiving a property tax exemption on real 143 
estate used and owned as a homestead at the time of their deat h 144 
shall take effect January 1, 2025. 145 
 146 
 BE IT FURTHER RESOLVED that the following statement be 147 
placed on the ballot: 148 
CONSTITUTIONAL AMEND MENT 149 
ARTICLE VII, SECTION 6 150      
    
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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 
 
 AD VALOREM TAX EXEMPTION FOR SURVIVING SPOUSES OF 151 
QUADRIPLEGICS.—Proposing an amendment to the State Constitution 152 
to authorize the Legislature to provide for a property tax 153 
exemption for the surviving spouse of a quadriplegic who was 154 
receiving a property tax exemption on real estate used and owned 155 
as a homestead at the time of their death. The amendment takes 156 
effect January 1, 2025. 157