Florida 2024 Regular Session

Florida House Bill H1369 Latest Draft

Bill / Introduced Version Filed 01/05/2024

                                
    
HJR 1369  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hjr1369-00 
Page 1 of 10 
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 3 2 
and Section 6 of Article VII and the creation of a new 3 
section in Article XII of the State Constitution to 4 
create two new property tax exemptions for all levies 5 
and to provide an effective date. 6 
 7 
Be It Resolved by the Legislature of the State of Florida: 8 
 9 
 That the following amendment to Section 3 and Section 6 of 10 
Article VII and the creation of a new section in Article XII 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 3.  Taxes; exemptions. — 18 
 (a)  All property owned by a municipality and used 19 
exclusively by it for municipal or public purposes shall be 20 
exempt from taxation. A municipality, owning property outside 21 
the municipality, may be required by general law to make payment 22 
to the taxing unit in which the property is located. Such 23 
portions of property as are used predominantly for educational, 24 
literary, scientific, religious or charitable purposes may be 25      
    
HJR 1369  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hjr1369-00 
Page 2 of 10 
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 
 
exempted by general law fr om taxation. 26 
 (b)  There shall be exempt from taxation, cumulatively, to 27 
every head of a family residing in this state, household goods 28 
and personal effects to the value fixed by general law, not less 29 
than one thousand dollars, and to every widow or widowe r or 30 
person who is blind or totally and permanently disabled, 31 
property to the value fixed by general law not less than five 32 
hundred dollars. 33 
 (c)  Any county or municipality may, for the purpose of its 34 
respective tax levy and subject to the provisions of t his 35 
subsection and general law, grant community and economic 36 
development ad valorem tax exemptions to new businesses and 37 
expansions of existing businesses, as defined by general law. 38 
Such an exemption may be granted only by ordinance of the county 39 
or municipality, and only after the electors of the county or 40 
municipality voting on such question in a referendum authorize 41 
the county or municipality to adopt such ordinances. An 42 
exemption so granted shall apply to improvements to real 43 
property made by or for th e use of a new business and 44 
improvements to real property related to the expansion of an 45 
existing business and shall also apply to tangible personal 46 
property of such new business and tangible personal property 47 
related to the expansion of an existing busine ss. The amount or 48 
limits of the amount of such exemption shall be specified by 49 
general law. The period of time for which such exemption may be 50      
    
HJR 1369  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hjr1369-00 
Page 3 of 10 
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 
 
granted to a new business or expansion of an existing business 51 
shall be determined by general law. The authority to grant such 52 
exemption shall expire ten years from the date of approval by 53 
the electors of the county or municipality, and may be renewable 54 
by referendum as provided by general law. 55 
 (d)  Any county or municipality may, for the purpose of its 56 
respective tax levy and subject to the provisions of this 57 
subsection and general law, grant historic preservation ad 58 
valorem tax exemptions to owners of historic properties. This 59 
exemption may be granted only by ordinance of the county or 60 
municipality. The amount or l imits of the amount of this 61 
exemption and the requirements for eligible properties must be 62 
specified by general law. The period of time for which this 63 
exemption may be granted to a property owner shall be determined 64 
by general law. 65 
 (e)  By general law and subject to conditions specified 66 
therein: 67 
 (1)  Twenty-five thousand dollars of the assessed value of 68 
property subject to tangible personal property tax shall be 69 
exempt from ad valorem taxation. 70 
 (2)  The assessed value of solar devices or renewable 71 
energy source devices subject to tangible personal property tax 72 
may be exempt from ad valorem taxation, subject to limitations 73 
provided by general law. 74 
 (f)  There shall be granted an ad valorem tax exemption for 75      
    
HJR 1369  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hjr1369-00 
Page 4 of 10 
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 
 
real property dedicated in perpetuity for conserv ation purposes, 76 
including real property encumbered by perpetual conservation 77 
easements or by other perpetual conservation protections, as 78 
defined by general law. 79 
 (g)  By general law and subject to the conditions specified 80 
therein, each person who receives a homestead exemption as 81 
provided in section 6 of this article; who was a member of the 82 
United States military or military reserves, the United States 83 
Coast Guard or its reserves, or the Florida National Guard; and 84 
who was deployed during the preceding ca lendar year on active 85 
duty outside the continental United States, Alaska, or Hawaii in 86 
support of military operations designated by the legislature 87 
shall receive an additional exemption equal to a percentage of 88 
the taxable value of his or her homestead pro perty. The 89 
applicable percentage shall be calculated as the number of days 90 
during the preceding calendar year the person was deployed on 91 
active duty outside the continental United States, Alaska, or 92 
Hawaii in support of military operations designated by th e 93 
legislature divided by the number of days in that year. 94 
 (h)  One hundred thousand dollars of the value of assessed 95 
real property shall be exempt from all levies. 96 
 SECTION 6.  Homestead exemptions. — 97 
 (a)  Every person who has the legal or equitable tit le to 98 
real estate and maintains thereon the permanent residence of the 99 
owner, or another legally or naturally dependent upon the owner, 100      
    
HJR 1369  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hjr1369-00 
Page 5 of 10 
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 
 
shall be exempt from taxation thereon, except assessments for 101 
special benefits, up to the assessed valuation of twenty -five 102 
thousand dollars and, for all levies other than school district 103 
levies, on the assessed valuation greater than fifty thousand 104 
dollars and up to seventy -five thousand dollars, upon 105 
establishment of right thereto in the manner prescribed by law. 106 
The real estate may be held by legal or equitable title, by the 107 
entireties, jointly, in common, as a condominium, or indirectly 108 
by stock ownership or membership representing the owner's or 109 
member's proprietary interest in a corporation owning a fee or a 110 
leasehold initially in excess of ninety -eight years. The 111 
exemption shall not apply with respect to any assessment roll 112 
until such roll is first determined to be in compliance with the 113 
provisions of section 4 by a state agency designated by general 114 
law. This exemption is repealed on the effective date of any 115 
amendment to this Article which provides for the assessment of 116 
homestead property at less than just value. 117 
 (b)  Not more than one exemption shall be allowed any 118 
individual or family unit or with respect to any re sidential 119 
unit. No exemption shall exceed the value of the real estate 120 
assessable to the owner or, in case of ownership through stock 121 
or membership in a corporation, the value of the proportion 122 
which the interest in the corporation bears to the assessed 123 
value of the property. 124 
 (c)  By general law and subject to conditions specified 125      
    
HJR 1369  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hjr1369-00 
Page 6 of 10 
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 
 
therein, the Legislature may provide to renters, who are 126 
permanent residents, ad valorem tax relief on all ad valorem tax 127 
levies. Such ad valorem tax relief shall be in the form and 128 
amount established by general law. 129 
 (d)  The legislature may, by general law, allow counties or 130 
municipalities, for the purpose of their respective tax levies 131 
and subject to the provisions of general law, to grant either or 132 
both of the following additi onal homestead tax exemptions: 133 
 (1)  An exemption not exceeding fifty thousand dollars to a 134 
person who has the legal or equitable title to real estate and 135 
maintains thereon the permanent residence of the owner, who has 136 
attained age sixty-five, and whose household income, as defined 137 
by general law, does not exceed twenty thousand dollars; or 138 
 (2)  An exemption equal to the assessed value of the 139 
property to a person who has the legal or equitable title to 140 
real estate with a just value less than two hundred an d fifty 141 
thousand dollars, as determined in the first tax year that the 142 
owner applies and is eligible for the exemption, and who has 143 
maintained thereon the permanent residence of the owner for not 144 
less than twenty-five years, who has attained age sixty -five, 145 
and whose household income does not exceed the income limitation 146 
prescribed in paragraph (1). 147 
 148 
The general law must allow counties and municipalities to grant 149 
these additional exemptions, within the limits prescribed in 150      
    
HJR 1369  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hjr1369-00 
Page 7 of 10 
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 
 
this subsection, by ordinance adop ted in the manner prescribed 151 
by general law, and must provide for the periodic adjustment of 152 
the income limitation prescribed in this subsection for changes 153 
in the cost of living. 154 
 (e)(1)  Each veteran who is age 65 or older who is 155 
partially or totally per manently disabled shall receive a 156 
discount from the amount of the ad valorem tax otherwise owed on 157 
homestead property the veteran owns and resides in if the 158 
disability was combat related and the veteran was honorably 159 
discharged upon separation from militar y service. The discount 160 
shall be in a percentage equal to the percentage of the 161 
veteran's permanent, service -connected disability as determined 162 
by the United States Department of Veterans Affairs. To qualify 163 
for the discount granted by this paragraph, an a pplicant must 164 
submit to the county property appraiser, by March 1, an official 165 
letter from the United States Department of Veterans Affairs 166 
stating the percentage of the veteran's service -connected 167 
disability and such evidence that reasonably identifies th e 168 
disability as combat related and a copy of the veteran's 169 
honorable discharge. If the property appraiser denies the 170 
request for a discount, the appraiser must notify the applicant 171 
in writing of the reasons for the denial, and the veteran may 172 
reapply. The Legislature may, by general law, waive the annual 173 
application requirement in subsequent years. 174 
 (2)  If a veteran who receives the discount described in 175      
    
HJR 1369  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hjr1369-00 
Page 8 of 10 
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 
 
paragraph (1) predeceases his or her spouse, and if, upon the 176 
death of the veteran, the surviving spous e holds the legal or 177 
beneficial title to the homestead property and permanently 178 
resides thereon, the discount carries over to the surviving 179 
spouse until he or she remarries or sells or otherwise disposes 180 
of the homestead property. If the surviving spouse s ells or 181 
otherwise disposes of the property, a discount not to exceed the 182 
dollar amount granted from the most recent ad valorem tax roll 183 
may be transferred to the surviving spouse's new homestead 184 
property, if used as his or her permanent residence and he or 185 
she has not remarried. 186 
 (3)  This subsection is self -executing and does not require 187 
implementing legislation. 188 
 (f)  By general law and subject to conditions and 189 
limitations specified therein, the Legislature may provide ad 190 
valorem tax relief equal to the total amount or a portion of the 191 
ad valorem tax otherwise owed on homestead property to: 192 
 (1)  The surviving spouse of a veteran who died from 193 
service-connected causes while on active duty as a member of the 194 
United States Armed Forces. 195 
 (2)  The surviving spouse of a first responder who died in 196 
the line of duty. 197 
 (3)  A first responder who is totally and permanently 198 
disabled as a result of an injury or injuries sustained in the 199 
line of duty. Causal connection between a disability and service 200      
    
HJR 1369  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hjr1369-00 
Page 9 of 10 
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 
 
in the line of duty shall not be presumed but must be determined 201 
as provided by general law. For purposes of this paragraph, the 202 
term "disability" does not include a chronic condition or 203 
chronic disease, unless the injury sustained in the line of duty 204 
was the sole cause of the chronic condition or chronic disease. 205 
 206 
As used in this subsection and as further defined by general 207 
law, the term "first responder" means a law enforcement officer, 208 
a correctional officer, a firefighter, an emergency medical 209 
technician, or a paramed ic, and the term "in the line of duty" 210 
means arising out of and in the actual performance of duty 211 
required by employment as a first responder. 212 
 (g)  Two hundred and fifty thousand dollars of the value of 213 
homestead property shall be exempt from all levies i f a person 214 
who has attained age sixty -five holds legal or equitable title 215 
to such property. 216 
ARTICLE XII 217 
SCHEDULE 218 
 Real property exemptions. —This section and the amendments 219 
to Section 3 and Section 6 of Article VII creating a $100,000 220 
exemption from the a ssessed value of real property for all 221 
levies and a $250,000 exemption from all levies for homestead 222 
property if the title holder has attained age 65 shall take 223 
effect January 1, 2025. 224      
    
HJR 1369  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hjr1369-00 
Page 10 of 10 
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 
 
 BE IT FURTHER RESOLVED that the following statement be 225 
placed on the ballot: 226 
CONSTITUTIONAL AMEND MENT 227 
ARTICLE VII, SECTION 3 228 
ARTICLE VII, SECTION 6 229 
ARTICLE XII 230 
 EXEMPTIONS FROM ASSE SSMENT FOR TAXATION OF REAL PROPERTY.—231 
Proposing an amendment to the State Constitution to create a 232 
$100,000 exemption from the assessed value of real property for 233 
all levies and a $250,000 homestead exemption for residential 234 
property owned by a person who is age 65 or older. The amendment 235 
takes effect January 1, 2025. 236