9 | 9 | | Page 1 of 8 |
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10 | 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 |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | |
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14 | 14 | | House Joint Resolution 1 |
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15 | 15 | | A joint resolution proposing an amendment to Section 6 2 |
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16 | 16 | | of Article VII of the State Constitution and the 3 |
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17 | 17 | | creation of a new section in Article XII of the State 4 |
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18 | 18 | | Constitution to require an annual adjustment to the 5 |
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19 | 19 | | value of certain homestead exemptions and provide an 6 |
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20 | 20 | | effective date. 7 |
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21 | 21 | | 8 |
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22 | 22 | | Be It Resolved by the Legislature of the State of Florida: 9 |
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23 | 23 | | 10 |
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24 | 24 | | That the following amendment to Section 6 of Article VII 11 |
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25 | 25 | | and the creation of a new section in Article XII of the State 12 |
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26 | 26 | | Constitution are agreed to and shall be submitted to the 13 |
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27 | 27 | | electors of this state for approval or rejection at the next 14 |
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28 | 28 | | general election or at an earlier special election specifically 15 |
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29 | 29 | | authorized by law for that purpose: 16 |
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30 | 30 | | ARTICLE VII 17 |
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31 | 31 | | FINANCE AND TAXATION 18 |
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32 | 32 | | SECTION 6. Homestead exemptions. — 19 |
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33 | 33 | | (a)(1) Every person who has the legal or equitable title 20 |
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34 | 34 | | to real estate and maintains thereon the permanent residence of 21 |
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35 | 35 | | the owner, or another legally or naturally depende nt upon the 22 |
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36 | 36 | | owner, shall be exempt from taxation thereon, except assessments 23 |
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37 | 37 | | for special benefits, as follows: 24 |
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38 | 38 | | a. Up to the assessed valuation of twenty -five thousand 25 |
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46 | 46 | | Page 2 of 8 |
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47 | 47 | | 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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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | dollars; and, 26 |
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52 | 52 | | b. For all levies other than school district levies, on 27 |
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53 | 53 | | the assessed valuation greater than fifty thousand dollars and 28 |
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54 | 54 | | up to seventy-five thousand dollars, 29 |
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55 | 55 | | 30 |
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56 | 56 | | upon establishment of right thereto in the manner prescribed by 31 |
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57 | 57 | | law. The real estate may be held by legal or equitable title, by 32 |
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58 | 58 | | the entireties, jointly, in common, as a condominium, or 33 |
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59 | 59 | | indirectly by stock ownership or membership representing the 34 |
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60 | 60 | | owner's or member's proprietary interest in a corporation owning 35 |
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61 | 61 | | a fee or a leasehold initially in excess of ninety -eight years. 36 |
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62 | 62 | | The exemption shall not apply with respect to any assessment 37 |
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63 | 63 | | roll until such roll is first determined to be in compliance 38 |
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64 | 64 | | with the provisions of section 4 by a state agency designated by 39 |
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65 | 65 | | general law. This exemption is repealed on the effective date of 40 |
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66 | 66 | | any amendment to this Article which provides for the assessment 41 |
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67 | 67 | | of homestead property at less than just value. 42 |
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68 | 68 | | (2) The twenty-five thousand dollar amount of assessed 43 |
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69 | 69 | | valuation exempt from taxation provided in subparagraph (a)(1)b. 44 |
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70 | 70 | | shall be adjusted annually on January 1 of each year for 45 |
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71 | 71 | | inflation using the percent change in the Consumer Price Index 46 |
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72 | 72 | | for All Urban Consumers, U.S. City Average, all items 1967=100, 47 |
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73 | 73 | | or successor reports for the preceding calendar year as 48 |
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74 | 74 | | initially reported by the United States Department of Labor, 49 |
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75 | 75 | | Bureau of Labor Statistics, if such percent change is positive. 50 |
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83 | 83 | | Page 3 of 8 |
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84 | 84 | | 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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85 | 85 | | |
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86 | 86 | | |
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87 | 87 | | |
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88 | 88 | | (3) The amount of assessed valuation exempt from taxation 51 |
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89 | 89 | | for which every person who has the legal or equitable title to 52 |
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90 | 90 | | real estate and maintains thereon the permanent residence of the 53 |
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91 | 91 | | owner, or another person legally or naturally dependent upon the 54 |
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92 | 92 | | owner, is eligible, and which applies solely to levies other 55 |
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93 | 93 | | than school district levies, that is added to this constitution 56 |
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94 | 94 | | after January 1, 2025, shall be adjusted annually on January 1 57 |
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95 | 95 | | of each year for inflation using the p ercent change in the 58 |
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96 | 96 | | Consumer Price Index for All Urban Consumers, U.S. City Average, 59 |
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97 | 97 | | all items 1967=100, or successor reports for the preceding 60 |
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98 | 98 | | calendar year as initially reported by the United States 61 |
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99 | 99 | | Department of Labor, Bureau of Labor Statistics, if su ch percent 62 |
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100 | 100 | | change is positive, beginning the year following the effective 63 |
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101 | 101 | | date of such exemption. 64 |
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102 | 102 | | (b) Not more than one exemption shall be allowed any 65 |
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103 | 103 | | individual or family unit or with respect to any residential 66 |
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104 | 104 | | unit. No exemption shall exceed the value of the real estate 67 |
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105 | 105 | | assessable to the owner or, in case of ownership through stock 68 |
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106 | 106 | | or membership in a corporation, the value of the proportion 69 |
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107 | 107 | | which the interest in the corporation bears to the assessed 70 |
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108 | 108 | | value of the property. 71 |
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109 | 109 | | (c) By general law and subject to conditions specified 72 |
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110 | 110 | | therein, the Legislature may provide to renters, who are 73 |
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111 | 111 | | permanent residents, ad valorem tax relief on all ad valorem tax 74 |
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112 | 112 | | levies. Such ad valorem tax relief shall be in the form and 75 |
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120 | 120 | | Page 4 of 8 |
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121 | 121 | | 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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122 | 122 | | |
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123 | 123 | | |
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124 | 124 | | |
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125 | 125 | | amount established by general law. 76 |
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126 | 126 | | (d) The legislature may, by general law, allow counties or 77 |
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127 | 127 | | municipalities, for the purpose of their respective tax levies 78 |
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128 | 128 | | and subject to the provisions of general law, to grant either or 79 |
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129 | 129 | | both of the following additional homestead tax exe mptions: 80 |
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130 | 130 | | (1) An exemption not exceeding fifty thousand dollars to a 81 |
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131 | 131 | | person who has the legal or equitable title to real estate and 82 |
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132 | 132 | | maintains thereon the permanent residence of the owner, who has 83 |
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133 | 133 | | attained age sixty-five, and whose household income, as def ined 84 |
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134 | 134 | | by general law, does not exceed twenty thousand dollars; or 85 |
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135 | 135 | | (2) An exemption equal to the assessed value of the 86 |
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136 | 136 | | property to a person who has the legal or equitable title to 87 |
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137 | 137 | | real estate with a just value less than two hundred and fifty 88 |
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138 | 138 | | thousand dollars, as determined in the first tax year that the 89 |
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139 | 139 | | owner applies and is eligible for the exemption, and who has 90 |
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140 | 140 | | maintained thereon the permanent residence of the owner for not 91 |
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141 | 141 | | less than twenty-five years, who has attained age sixty -five, 92 |
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142 | 142 | | and whose household income does not exceed the income limitation 93 |
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143 | 143 | | prescribed in paragraph (1). 94 |
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144 | 144 | | 95 |
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145 | 145 | | The general law must allow counties and municipalities to grant 96 |
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146 | 146 | | these additional exemptions, within the limits prescribed in 97 |
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147 | 147 | | this subsection, by ordinance adopted in the manner pres cribed 98 |
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148 | 148 | | by general law, and must provide for the periodic adjustment of 99 |
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149 | 149 | | the income limitation prescribed in this subsection for changes 100 |
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157 | 157 | | Page 5 of 8 |
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158 | 158 | | 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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159 | 159 | | |
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160 | 160 | | |
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161 | 161 | | |
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162 | 162 | | in the cost of living. 101 |
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163 | 163 | | (e)(1) Each veteran who is age 65 or older who is 102 |
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164 | 164 | | partially or totally permanently disabled shal l receive a 103 |
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165 | 165 | | discount from the amount of the ad valorem tax otherwise owed on 104 |
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166 | 166 | | homestead property the veteran owns and resides in if the 105 |
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167 | 167 | | disability was combat related and the veteran was honorably 106 |
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168 | 168 | | discharged upon separation from military service. The discoun t 107 |
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169 | 169 | | shall be in a percentage equal to the percentage of the 108 |
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170 | 170 | | veteran's permanent, service -connected disability as determined 109 |
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171 | 171 | | by the United States Department of Veterans Affairs. To qualify 110 |
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172 | 172 | | for the discount granted by this paragraph, an applicant must 111 |
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173 | 173 | | submit to the county property appraiser, by March 1, an official 112 |
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174 | 174 | | letter from the United States Department of Veterans Affairs 113 |
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175 | 175 | | stating the percentage of the veteran's service -connected 114 |
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176 | 176 | | disability and such evidence that reasonably identifies the 115 |
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177 | 177 | | disability as combat related and a copy of the veteran's 116 |
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178 | 178 | | honorable discharge. If the property appraiser denies the 117 |
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179 | 179 | | request for a discount, the appraiser must notify the applicant 118 |
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180 | 180 | | in writing of the reasons for the denial, and the veteran may 119 |
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181 | 181 | | reapply. The Legislature may, by ge neral law, waive the annual 120 |
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182 | 182 | | application requirement in subsequent years. 121 |
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183 | 183 | | (2) If a veteran who receives the discount described in 122 |
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184 | 184 | | paragraph (1) predeceases his or her spouse, and if, upon the 123 |
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185 | 185 | | death of the veteran, the surviving spouse holds the legal or 124 |
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186 | 186 | | beneficial title to the homestead property and permanently 125 |
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194 | 194 | | Page 6 of 8 |
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195 | 195 | | 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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196 | 196 | | |
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197 | 197 | | |
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198 | 198 | | |
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199 | 199 | | resides thereon, the discount carries over to the surviving 126 |
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200 | 200 | | spouse until he or she remarries or sells or otherwise disposes 127 |
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201 | 201 | | of the homestead property. If the surviving spouse sells or 128 |
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202 | 202 | | otherwise disposes of the property, a discount not to exceed the 129 |
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203 | 203 | | dollar amount granted from the most recent ad valorem tax roll 130 |
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204 | 204 | | may be transferred to the surviving spouse's new homestead 131 |
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205 | 205 | | property, if used as his or her permanent residence and he or 132 |
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206 | 206 | | she has not remarried . 133 |
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207 | 207 | | (3) This subsection is self -executing and does not require 134 |
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208 | 208 | | implementing legislation. 135 |
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209 | 209 | | (f) By general law and subject to conditions and 136 |
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210 | 210 | | limitations specified therein, the Legislature may provide ad 137 |
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211 | 211 | | valorem tax relief equal to the total amount or a port ion of the 138 |
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212 | 212 | | ad valorem tax otherwise owed on homestead property to: 139 |
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213 | 213 | | (1) The surviving spouse of a veteran who died from 140 |
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214 | 214 | | service-connected causes while on active duty as a member of the 141 |
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215 | 215 | | United States Armed Forces. 142 |
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216 | 216 | | (2) The surviving spouse of a first resp onder who died in 143 |
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217 | 217 | | the line of duty. 144 |
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218 | 218 | | (3) A first responder who is totally and permanently 145 |
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219 | 219 | | disabled as a result of an injury or injuries sustained in the 146 |
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220 | 220 | | line of duty. Causal connection between a disability and service 147 |
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221 | 221 | | in the line of duty shall not be pres umed but must be determined 148 |
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222 | 222 | | as provided by general law. For purposes of this paragraph, the 149 |
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223 | 223 | | term "disability" does not include a chronic condition or 150 |
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232 | 232 | | 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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233 | 233 | | |
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234 | 234 | | |
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235 | 235 | | |
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236 | 236 | | chronic disease, unless the injury sustained in the line of duty 151 |
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237 | 237 | | was the sole cause of the chronic conditi on or chronic disease. 152 |
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238 | 238 | | 153 |
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239 | 239 | | As used in this subsection and as further defined by general 154 |
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240 | 240 | | law, the term "first responder" means a law enforcement officer, 155 |
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241 | 241 | | a correctional officer, a firefighter, an emergency medical 156 |
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242 | 242 | | technician, or a paramedic, and the term "in t he line of duty" 157 |
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243 | 243 | | means arising out of and in the actual performance of duty 158 |
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244 | 244 | | required by employment as a first responder. 159 |
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245 | 245 | | ARTICLE XII 160 |
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246 | 246 | | SCHEDULE 161 |
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247 | 247 | | Annual adjustment to homestead exemption value. —This 162 |
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248 | 248 | | section and the amendment to Section 6 of Article VII requ iring 163 |
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249 | 249 | | an annual adjustment for inflation of specified homestead 164 |
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250 | 250 | | exemptions shall take effect January 1, 2025. 165 |
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251 | 251 | | 166 |
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252 | 252 | | BE IT FURTHER RESOLVED that the following statement be 167 |
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253 | 253 | | placed on the ballot: 168 |
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254 | 254 | | CONSTITUTIONAL AMEND MENT 169 |
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255 | 255 | | ARTICLE VII, SECTION 6 170 |
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256 | 256 | | ARTICLE XII 171 |
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257 | 257 | | ANNUAL ADJUSTMENTS TO THE VALUE OF CERTAIN HOM ESTEAD 172 |
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258 | 258 | | EXEMPTIONS.—Proposing an amendment to the State Constitution to 173 |
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259 | 259 | | require an annual adjustment for inflation to the value of 174 |
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260 | 260 | | current or future homestead exemptions that apply solely to 175 |
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