Florida 2024 Regular Session

Florida House Bill H1369 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 3 2
1414 and Section 6 of Article VII and the creation of a new 3
1515 section in Article XII of the State Constitution to 4
1616 create two new property tax exemptions for all levies 5
1717 and to provide an effective date. 6
1818 7
1919 Be It Resolved by the Legislature of the State of Florida: 8
2020 9
2121 That the following amendment to Section 3 and Section 6 of 10
2222 Article VII and the creation of a new section in Article XII of 11
2323 the State Constitution is agreed to and shall be submitted to 12
2424 the electors of this state for approval or rejection at the next 13
2525 general election or at an earlier special election specifically 14
2626 authorized by law for that purpose: 15
2727 ARTICLE VII 16
2828 FINANCE AND TAXATION 17
2929 SECTION 3. Taxes; exemptions. — 18
3030 (a) All property owned by a municipality and used 19
3131 exclusively by it for municipal or public purposes shall be 20
3232 exempt from taxation. A municipality, owning property outside 21
3333 the municipality, may be required by general law to make payment 22
3434 to the taxing unit in which the property is located. Such 23
3535 portions of property as are used predominantly for educational, 24
3636 literary, scientific, religious or charitable purposes may be 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 exempted by general law fr om taxation. 26
4848 (b) There shall be exempt from taxation, cumulatively, to 27
4949 every head of a family residing in this state, household goods 28
5050 and personal effects to the value fixed by general law, not less 29
5151 than one thousand dollars, and to every widow or widowe r or 30
5252 person who is blind or totally and permanently disabled, 31
5353 property to the value fixed by general law not less than five 32
5454 hundred dollars. 33
5555 (c) Any county or municipality may, for the purpose of its 34
5656 respective tax levy and subject to the provisions of t his 35
5757 subsection and general law, grant community and economic 36
5858 development ad valorem tax exemptions to new businesses and 37
5959 expansions of existing businesses, as defined by general law. 38
6060 Such an exemption may be granted only by ordinance of the county 39
6161 or municipality, and only after the electors of the county or 40
6262 municipality voting on such question in a referendum authorize 41
6363 the county or municipality to adopt such ordinances. An 42
6464 exemption so granted shall apply to improvements to real 43
6565 property made by or for th e use of a new business and 44
6666 improvements to real property related to the expansion of an 45
6767 existing business and shall also apply to tangible personal 46
6868 property of such new business and tangible personal property 47
6969 related to the expansion of an existing busine ss. The amount or 48
7070 limits of the amount of such exemption shall be specified by 49
7171 general law. The period of time for which such exemption may be 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 granted to a new business or expansion of an existing business 51
8383 shall be determined by general law. The authority to grant such 52
8484 exemption shall expire ten years from the date of approval by 53
8585 the electors of the county or municipality, and may be renewable 54
8686 by referendum as provided by general law. 55
8787 (d) Any county or municipality may, for the purpose of its 56
8888 respective tax levy and subject to the provisions of this 57
8989 subsection and general law, grant historic preservation ad 58
9090 valorem tax exemptions to owners of historic properties. This 59
9191 exemption may be granted only by ordinance of the county or 60
9292 municipality. The amount or l imits of the amount of this 61
9393 exemption and the requirements for eligible properties must be 62
9494 specified by general law. The period of time for which this 63
9595 exemption may be granted to a property owner shall be determined 64
9696 by general law. 65
9797 (e) By general law and subject to conditions specified 66
9898 therein: 67
9999 (1) Twenty-five thousand dollars of the assessed value of 68
100100 property subject to tangible personal property tax shall be 69
101101 exempt from ad valorem taxation. 70
102102 (2) The assessed value of solar devices or renewable 71
103103 energy source devices subject to tangible personal property tax 72
104104 may be exempt from ad valorem taxation, subject to limitations 73
105105 provided by general law. 74
106106 (f) There shall be granted an ad valorem tax exemption for 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 real property dedicated in perpetuity for conserv ation purposes, 76
118118 including real property encumbered by perpetual conservation 77
119119 easements or by other perpetual conservation protections, as 78
120120 defined by general law. 79
121121 (g) By general law and subject to the conditions specified 80
122122 therein, each person who receives a homestead exemption as 81
123123 provided in section 6 of this article; who was a member of the 82
124124 United States military or military reserves, the United States 83
125125 Coast Guard or its reserves, or the Florida National Guard; and 84
126126 who was deployed during the preceding ca lendar year on active 85
127127 duty outside the continental United States, Alaska, or Hawaii in 86
128128 support of military operations designated by the legislature 87
129129 shall receive an additional exemption equal to a percentage of 88
130130 the taxable value of his or her homestead pro perty. The 89
131131 applicable percentage shall be calculated as the number of days 90
132132 during the preceding calendar year the person was deployed on 91
133133 active duty outside the continental United States, Alaska, or 92
134134 Hawaii in support of military operations designated by th e 93
135135 legislature divided by the number of days in that year. 94
136136 (h) One hundred thousand dollars of the value of assessed 95
137137 real property shall be exempt from all levies. 96
138138 SECTION 6. Homestead exemptions. — 97
139139 (a) Every person who has the legal or equitable tit le to 98
140140 real estate and maintains thereon the permanent residence of the 99
141141 owner, or another legally or naturally dependent upon the owner, 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 shall be exempt from taxation thereon, except assessments for 101
153153 special benefits, up to the assessed valuation of twenty -five 102
154154 thousand dollars and, for all levies other than school district 103
155155 levies, on the assessed valuation greater than fifty thousand 104
156156 dollars and up to seventy -five thousand dollars, upon 105
157157 establishment of right thereto in the manner prescribed by law. 106
158158 The real estate may be held by legal or equitable title, by the 107
159159 entireties, jointly, in common, as a condominium, or indirectly 108
160160 by stock ownership or membership representing the owner's or 109
161161 member's proprietary interest in a corporation owning a fee or a 110
162162 leasehold initially in excess of ninety -eight years. The 111
163163 exemption shall not apply with respect to any assessment roll 112
164164 until such roll is first determined to be in compliance with the 113
165165 provisions of section 4 by a state agency designated by general 114
166166 law. This exemption is repealed on the effective date of any 115
167167 amendment to this Article which provides for the assessment of 116
168168 homestead property at less than just value. 117
169169 (b) Not more than one exemption shall be allowed any 118
170170 individual or family unit or with respect to any re sidential 119
171171 unit. No exemption shall exceed the value of the real estate 120
172172 assessable to the owner or, in case of ownership through stock 121
173173 or membership in a corporation, the value of the proportion 122
174174 which the interest in the corporation bears to the assessed 123
175175 value of the property. 124
176176 (c) By general law and subject to conditions specified 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 therein, the Legislature may provide to renters, who are 126
188188 permanent residents, ad valorem tax relief on all ad valorem tax 127
189189 levies. Such ad valorem tax relief shall be in the form and 128
190190 amount established by general law. 129
191191 (d) The legislature may, by general law, allow counties or 130
192192 municipalities, for the purpose of their respective tax levies 131
193193 and subject to the provisions of general law, to grant either or 132
194194 both of the following additi onal homestead tax exemptions: 133
195195 (1) An exemption not exceeding fifty thousand dollars to a 134
196196 person who has the legal or equitable title to real estate and 135
197197 maintains thereon the permanent residence of the owner, who has 136
198198 attained age sixty-five, and whose household income, as defined 137
199199 by general law, does not exceed twenty thousand dollars; or 138
200200 (2) An exemption equal to the assessed value of the 139
201201 property to a person who has the legal or equitable title to 140
202202 real estate with a just value less than two hundred an d fifty 141
203203 thousand dollars, as determined in the first tax year that the 142
204204 owner applies and is eligible for the exemption, and who has 143
205205 maintained thereon the permanent residence of the owner for not 144
206206 less than twenty-five years, who has attained age sixty -five, 145
207207 and whose household income does not exceed the income limitation 146
208208 prescribed in paragraph (1). 147
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210210 The general law must allow counties and municipalities to grant 149
211211 these additional exemptions, within the limits prescribed in 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 this subsection, by ordinance adop ted in the manner prescribed 151
223223 by general law, and must provide for the periodic adjustment of 152
224224 the income limitation prescribed in this subsection for changes 153
225225 in the cost of living. 154
226226 (e)(1) Each veteran who is age 65 or older who is 155
227227 partially or totally per manently disabled shall receive a 156
228228 discount from the amount of the ad valorem tax otherwise owed on 157
229229 homestead property the veteran owns and resides in if the 158
230230 disability was combat related and the veteran was honorably 159
231231 discharged upon separation from militar y service. The discount 160
232232 shall be in a percentage equal to the percentage of the 161
233233 veteran's permanent, service -connected disability as determined 162
234234 by the United States Department of Veterans Affairs. To qualify 163
235235 for the discount granted by this paragraph, an a pplicant must 164
236236 submit to the county property appraiser, by March 1, an official 165
237237 letter from the United States Department of Veterans Affairs 166
238238 stating the percentage of the veteran's service -connected 167
239239 disability and such evidence that reasonably identifies th e 168
240240 disability as combat related and a copy of the veteran's 169
241241 honorable discharge. If the property appraiser denies the 170
242242 request for a discount, the appraiser must notify the applicant 171
243243 in writing of the reasons for the denial, and the veteran may 172
244244 reapply. The Legislature may, by general law, waive the annual 173
245245 application requirement in subsequent years. 174
246246 (2) If a veteran who receives the discount described in 175
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255255 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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257257 paragraph (1) predeceases his or her spouse, and if, upon the 176
258258 death of the veteran, the surviving spous e holds the legal or 177
259259 beneficial title to the homestead property and permanently 178
260260 resides thereon, the discount carries over to the surviving 179
261261 spouse until he or she remarries or sells or otherwise disposes 180
262262 of the homestead property. If the surviving spouse s ells or 181
263263 otherwise disposes of the property, a discount not to exceed the 182
264264 dollar amount granted from the most recent ad valorem tax roll 183
265265 may be transferred to the surviving spouse's new homestead 184
266266 property, if used as his or her permanent residence and he or 185
267267 she has not remarried. 186
268268 (3) This subsection is self -executing and does not require 187
269269 implementing legislation. 188
270270 (f) By general law and subject to conditions and 189
271271 limitations specified therein, the Legislature may provide ad 190
272272 valorem tax relief equal to the total amount or a portion of the 191
273273 ad valorem tax otherwise owed on homestead property to: 192
274274 (1) The surviving spouse of a veteran who died from 193
275275 service-connected causes while on active duty as a member of the 194
276276 United States Armed Forces. 195
277277 (2) The surviving spouse of a first responder who died in 196
278278 the line of duty. 197
279279 (3) A first responder who is totally and permanently 198
280280 disabled as a result of an injury or injuries sustained in the 199
281281 line of duty. Causal connection between a disability and service 200
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290290 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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292292 in the line of duty shall not be presumed but must be determined 201
293293 as provided by general law. For purposes of this paragraph, the 202
294294 term "disability" does not include a chronic condition or 203
295295 chronic disease, unless the injury sustained in the line of duty 204
296296 was the sole cause of the chronic condition or chronic disease. 205
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298298 As used in this subsection and as further defined by general 207
299299 law, the term "first responder" means a law enforcement officer, 208
300300 a correctional officer, a firefighter, an emergency medical 209
301301 technician, or a paramed ic, and the term "in the line of duty" 210
302302 means arising out of and in the actual performance of duty 211
303303 required by employment as a first responder. 212
304304 (g) Two hundred and fifty thousand dollars of the value of 213
305305 homestead property shall be exempt from all levies i f a person 214
306306 who has attained age sixty -five holds legal or equitable title 215
307307 to such property. 216
308308 ARTICLE XII 217
309309 SCHEDULE 218
310310 Real property exemptions. —This section and the amendments 219
311311 to Section 3 and Section 6 of Article VII creating a $100,000 220
312312 exemption from the a ssessed value of real property for all 221
313313 levies and a $250,000 exemption from all levies for homestead 222
314314 property if the title holder has attained age 65 shall take 223
315315 effect January 1, 2025. 224
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324324 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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326326 BE IT FURTHER RESOLVED that the following statement be 225
327327 placed on the ballot: 226
328328 CONSTITUTIONAL AMEND MENT 227
329329 ARTICLE VII, SECTION 3 228
330330 ARTICLE VII, SECTION 6 229
331331 ARTICLE XII 230
332332 EXEMPTIONS FROM ASSE SSMENT FOR TAXATION OF REAL PROPERTY.—231
333333 Proposing an amendment to the State Constitution to create a 232
334334 $100,000 exemption from the assessed value of real property for 233
335335 all levies and a $250,000 homestead exemption for residential 234
336336 property owned by a person who is age 65 or older. The amendment 235
337337 takes effect January 1, 2025. 236