Florida 2024 Regular Session

Florida House Bill H1373 Latest Draft

Bill / Introduced Version Filed 01/05/2024

                                
    
HJR 1373  	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 revise the 4 
requirements for a discount from the amount of ad 5 
valorem tax owed on homestead property for certain 6 
disabled veterans and to provide an effective date. 7 
  8 
Be It Resolved by the Legislature of the State of Florida: 9 
 10 
 That the following amendment to S ection 6 of Article VII 11 
and the creation of a new section in Article XII of the State 12 
Constitution are agreed to and shall be submitted to the 13 
electors of this state for approval or rejection at the next 14 
general election or at an earlier special election s pecifically 15 
authorized by law for that purpose: 16 
ARTICLE VII 17 
FINANCE AND TAXATION 18 
 SECTION 6.  Homestead exemptions. — 19 
 (a)  Every person who has the legal or equitable title to 20 
real estate and maintains thereon the permanent residence of the 21 
owner, or another legally or naturally dependent upon the owner, 22 
shall be exempt from taxation thereon, except assessments for 23 
special benefits, up to the assessed valuation of twenty -five 24 
thousand dollars and, for all levies other than school district 25      
    
HJR 1373  	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 
 
levies, on the assessed valuation greater than fifty thousand 26 
dollars and up to seventy -five thousand dollars, upon 27 
establishment of right thereto in the manner prescribed by law. 28 
The real estate may be held by legal or equitable title, by the 29 
entireties, jointly, in common , as a condominium, or indirectly 30 
by stock ownership or membership representing the owner's or 31 
member's proprietary interest in a corporation owning a fee or a 32 
leasehold initially in excess of ninety -eight years. The 33 
exemption shall not apply with respect to any assessment roll 34 
until such roll is first determined to be in compliance with the 35 
provisions of section 4 by a state agency designated by general 36 
law. This exemption is repealed on the effective date of any 37 
amendment to this Article which provides fo r the assessment of 38 
homestead property at less than just value. 39 
 (b)  Not more than one exemption shall be allowed any 40 
individual or family unit or with respect to any residential 41 
unit. No exemption shall exceed the value of the real estate 42 
assessable to the owner or, in case of ownership through stock 43 
or membership in a corporation, the value of the proportion 44 
which the interest in the corporation bears to the assessed 45 
value of the property. 46 
 (c)  By general law and subject to conditions specified 47 
therein, the Legislature may provide to renters, who are 48 
permanent residents, ad valorem tax relief on all ad valorem tax 49 
levies. Such ad valorem tax relief shall be in the form and 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 
 
amount established by general law. 51 
 (d)  The legislature may, by general law, allo w counties or 52 
municipalities, for the purpose of their respective tax levies 53 
and subject to the provisions of general law, to grant either or 54 
both of the following additional homestead tax exemptions: 55 
 (1)  An exemption not exceeding fifty thousand dollars to a 56 
person who has the legal or equitable title to real estate and 57 
maintains thereon the permanent residence of the owner, who has 58 
attained age sixty-five, and whose household income, as defined 59 
by general law, does not exceed twenty thousand dollars; or 60 
 (2)  An exemption equal to the assessed value of the 61 
property to a person who has the legal or equitable title to 62 
real estate with a just value less than two hundred and fifty 63 
thousand dollars, as determined in the first tax year that the 64 
owner applies and is eligible for the exemption, and who has 65 
maintained thereon the permanent residence of the owner for not 66 
less than twenty-five years, who has attained age sixty -five, 67 
and whose household income does not exceed the income limitation 68 
prescribed in paragraph (1). 69 
 70 
The general law must allow counties and municipalities to grant 71 
these additional exemptions, within the limits prescribed in 72 
this subsection, by ordinance adopted in the manner prescribed 73 
by general law, and must provide for the periodic adjustm ent of 74 
the income limitation prescribed in this subsection for changes 75      
    
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in the cost of living. 76 
 (e)(1)  Each veteran who is age 65 or older who is 77 
partially or totally permanently disabled shall receive a 78 
discount from the amount of the ad valorem tax other wise owed on 79 
homestead property the veteran owns and resides in if the 80 
disability was combat related , and the veteran was honorably 81 
discharged upon separation from military service , and the 82 
veteran received the Purple Heart medal . The discount shall be 83 
in a percentage equal to the percentage of the veteran's 84 
permanent, service-connected disability as determined by the 85 
United States Department of Veterans Affairs. To qualify for the 86 
discount granted by this paragraph, an applicant must submit to 87 
the county property appraiser, by March 1, an official letter 88 
from the United States Department of Veterans Affairs stating 89 
the percentage of the veteran's service -connected disability and 90 
such evidence that reasonably identifies the disability as 91 
combat related and a copy of the veteran's honorable discharge. 92 
If the property appraiser denies the request for a discount, the 93 
appraiser must notify the applicant in writing of the reasons 94 
for the denial, and the veteran may reapply. The Legislature 95 
may, by general law, wai ve the annual application requirement in 96 
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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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 
 
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 th e 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 responder 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 presumed but m ust 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 chro nic 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 
 Ad valorem tax discount for certain permanently disabled 138 
veterans.—The amendment to Section 6 of Article VII, relating to 139 
the ad valorem tax discount for certain disabled veterans, and 140 
this section shall take effect January 1, 2025. 141 
 BE IT FURTHER RESOLVED that the following statement be 142 
placed on the ballot: 143 
CONSTITUTIONAL AMENDMENT 144 
ARTICLE VII, SECTION 6 145 
ARTICLE XII 146 
 AD VALOREM TAX DISCOUNT FOR CERTAIN VETERANS WITH COMBAT -147 
RELATED DISABILITIES. —Revises eligibility for receiving the ad 148 
valorem tax discount on homestead property for disabled veterans 149 
to include all veterans with a combat -related disability, 150      
    
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regardless of age, who were honorably discharged upon separation 151 
from military service and received the Purple Heart medal. 152 
Current law provides the discount for veterans with a combat -153 
related disability who are age 65 or older and honorably 154 
discharged upon separation from military service. If approved, 155 
this amendment takes effect January 1, 2025. 156