Title: Property Tax Exemptions

Summary: Proposes amendment to State Constitution to create $100,000 exemption from assessed value of real property for all levies & a $250,000 homestead exemption for residential property owned by someone 65 or older.

Full Text:
A joint resolution proposing an amendment to Section 2 and Section of Article VII and the creation of a new section in Article XII of the State Constitution to create two new property tax exemptions for all levies and to provide an effective date. Be It Resolved by the Legislature of the State of Florida: That the following amendment to Section and Section of Article VII and the creation of a new section in Article XII of the State Constitution is agreed to and shall be submitted to the electors of this state for approval or rejection at the next general election or at an earlier special election specifically authorized by law for that purpose: ARTICLE VII FINANCE AND TAXATION SECTION 3. Taxes; exemptions.-(a) All property owned by a municipality and used exclusively by it for municipal or public purposes shall be exempt from taxation. A municipality, owning property outside the municipality, may be required by general law to make payment to the taxing unit in which the property is located. Such portions of property as are used predominantly for educational, literary, scientific, religious or charitable purposes may be HJR 1369 2024 hjr1369 FL OR I DA HO US EO FR EP RE SE NT A TI VE Sexempted by general law fr om taxation. (b) There shall be exempt from taxation, cumulatively, to every head of a family residing in this state, household goods and personal effects to the value fixed by general law, not less than one thousand dollars, and to every widow or widowe ror person who is blind or totally and permanently disabled, property to the value fixed by general law not less than five hundred dollars. (c) Any county or municipality may, for the purpose of its respective tax levy and subject to the provisions of this subsection and general law, grant community and economic development ad valorem tax exemptions to new businesses and expansions of existing businesses, as defined by general law. Such an exemption may be granted only by ordinance of the county or munic ipality, and only after the electors of the county or municipality voting on such question in a referendum authorize the county or municipality to adopt such ordinances. An exemption so granted shall apply to improvements to real property made by or for th euse of a new business and improvements to real property related to the expansion of an existing business and shall also apply to tangible personal property of such new business and tangible personal property related to the expansion of an existing busine ss. The amount or limits of the amount of such exemption shall be specified by general law. The period of time for which such exemption may be HJR 1369 2024 hjr1369 FL OR I DA HO US EO FR EP RE SE NT A TI VE Sgranted to a new business or expansion of an existing business shall be determined by general law. The authority to grant such exemption shall expire ten years from the date of approval by the electors of the county or municipality, and may be renewable by referendum as provided by general law. (d) Any county or municipality may, for the purpose of its respective tax levy and subject to the provisions of this subsection and general law, grant historic preservation ad valorem tax exemptions to owners of historic properties. This exemption may be granted only by ordinance of the county or municipality. The amount or limits of the amount of this exemption and the requirements for eligible properties must be specified by general law. The period of time for which this exemption may be granted to a property owner shall be determined by general law. (e) By general law and subject to conditions specified therein: (1) Twenty-five thousand dollars of the assessed value of property subject to tangible personal property tax shall be exempt from ad valorem taxation. (2) The assessed value of solar devices or renewable energy source devices subject to tangible personal property tax may be exempt from ad valorem taxation, subject to limitations provided by general law. (f) There shall be granted an ad valorem tax exemption for HJR 1369 2024 hjr1369 FL OR I DA HO US EO FR EP RE SE NT A TI VE Sreal property dedicated in perpetuity for conserv ation purposes, including real property encumbered by perpetual conservation easements or by other perpetual conservation protections, as defined by general law. (g) By general law and subject to the conditions specified therein, each person who receives a homestead exemption as provided in section of this article; who was a member of the United States military or military reserves, the United States Coast Guard or its reserves, or the Florida National Guard; and who was deployed during the preceding ca lendar year on active duty outside the continental United States, Alaska, or Hawaii in support of military operations designated by the legislature shall receive an additional exemption equal to a percentage of the taxable value of his or her homestead pro perty. The applicable percentage shall be calculated as the number of days during the preceding calendar year the person was deployed on active duty outside the continental United States, Alaska, or Hawaii in support of military operations designated by th elegislature divided by the number of days in that year. (h) One hundred thousand dollars of the value of assessed real property shall be exempt from all levies. SECTION 6. Homestead exemptions.-(a) Every person who has the legal or equitable tit le to real estate and maintains thereon the permanent residence of the owner, or another legally or naturally dependent upon the owner, HJR 1369 2024 hjr1369 FL OR I DA HO US EO FR EP RE SE NT A TI VE Sshall be exempt from taxation thereon, except assessments for special benefits, up to the assessed valuation of twenty-five thousand dollars and, for all levies other than school district levies, on the assessed valuation greater than fifty thousand dollars and up to seventy-five thousand dollars, upon establishment of right thereto in the manner prescribed by law. The real estate may be held by legal or equitable title, by the entireties, jointly, in common, as a condominium, or indirectly by stock ownership or membership representing the owner's or member's proprietary interest in a corporation owning a fee or a leasehold initially in excess of ninety-eight years. The exemption shall not apply with respect to any assessment roll until such roll is first determined to be in compliance with the provisions of section by a state agency designated by general law. This exemptio nis repealed on the effective date of any amendment to this Article which provides for the assessment of homestead property at less than just value. (b) Not more than one exemption shall be allowed any individual or family unit or with respect to any re sidential unit. No exemption shall exceed the value of the real estate assessable to the owner or, in case of ownership through stock or membership in a corporation, the value of the proportion which the interest in the corporation bears to the assessed value of the property. (c) By general law and subject to conditions specified HJR 1369 2024 hjr1369 FL OR I DA HO US EO FR EP RE SE NT A TI VE Stherein, the Legislature may provide to renters, who are permanent residents, ad valorem tax relief on all ad valorem tax levies. Such ad valorem tax relief shall be in the form and amount established by general law. (d) The legislature may, by general law, allow counties or municipalities, for the purpose of their respective tax levies and subject to the provisions of general law, to grant either or both of the following additi onal homestead tax exemptions: (1) An exemption not exceeding fifty thousand dollars to a person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age sixty-five, and whose ho usehold income, as defined by general law, does not exceed twenty thousand dollars; or (2) An exemption equal to the assessed value of the property to a person who has the legal or equitable title to real estate with a just value less than two hundred an dfifty thousand dollars, as determined in the first tax year that the owner applies and is eligible for the exemption, and who has maintained thereon the permanent residence of the owner for not less than twenty-five years, who has attained age sixty-five, and whose household income does not exceed the income limitation prescribed in paragraph (1). The general law must allow counties and municipalities to grant these additional exemptions, within the limits prescribed in HJR 1369 2024 hjr1369 FL OR I DA HO US EO FR EP RE SE NT A TI VE Sthis subsection, by ordinance adop ted in the manner prescribed by general law, and must provide for the periodic adjustment of the income limitation prescribed in this subsection for changes in the cost of living. (e)(1) Each veteran who is age or older who is partially or totally per manently disabled shall receive a discount from the amount of the ad valorem tax otherwise owed on homestead property the veteran owns and resides in if the disability was combat related and the veteran was honorably discharged upon separation from militar yservice. The discount shall be in a percentage equal to the percentage of the veteran's permanent, service-connected disability as determined by the United States Department of Veterans Affairs. To qualify for the discount granted by this paragraph, an a pplicant must submit to the county property appraiser, by March 1, an official letter from the United States Department of Veterans Affairs stating the percentage of the veteran's service-connected disability and such evidence that reasonably identifies th edisability as combat related and a copy of the veteran's honorable discharge. If the property appraiser denies the request for a discount, the appraiser must notify the applicant in writing of the reasons for the denial, and the veteran may reapply. The Legislature may, by general law, waive the annual application requirement in subsequent years. (2) If a veteran who receives the discount described in HJR 1369 2024 hjr1369 FL OR I DA HO US EO FR EP RE SE NT A TI VE Sparagraph (1) predeceases his or her spouse, and if, upon the death of the veteran, the surviving spous eholds the legal or beneficial title to the homestead property and permanently resides thereon, the discount carries over to the surviving spouse until he or she remarries or sells or otherwise disposes of the homestead property. If the surviving spouse sells or otherwise disposes of the property, a discount not to exceed the dollar amount granted from the most recent ad valorem tax roll may be transferred to the surviving spouse's new homestead property, if used as his or her permanent residence and he or she has not remarried. (3) This subsection is self-executing and does not require implementing legislation. (f) By general law and subject to conditions and limitations specified therein, the Legislature may provide ad valorem tax relief equal to the total amount or a portion of the ad valorem tax otherwise owed on homestead property to: (1) The surviving spouse of a veteran who died from service-connected causes while on active duty as a member of the United States Armed Forces. (2) The surviving spouse of a first responder who died in the line of duty. (3) A first responder who is totally and permanently disabled as a result of an injury or injuries sustained in the line of duty. Causal connection between a disability and service HJR 1369 2024 hjr1369 FL OR I DA HO US EO FR EP RE SE NT A TI VE Sin the line of duty shall not be presumed but must be determined as provided by general law. For purposes of this paragraph, the term "disability" does not include a chronic condition or chronic disease, unless the injury sustained in the line of duty was the sole cause of the chronic condition or chronic disease. As used in this subsection and as further defined by general law, the term "first responder" means a law enforcement officer, a correctional officer, a firefighter, an emergency medical technician, or a paramed ic, and the term "in the line of duty" means arising out of and in the actual performance of duty required by employment as a first responder. (g) Two hundred and fifty thousand dollars of the value of homestead property shall be exempt from all levies i fa person who has attained age sixty-five holds legal or equitable title to such property. ARTICLE XII SCHEDULE Real property exemptions.-This section and the amendments to Section and Section of Article VII creating a $100,000 exemption from the a ssessed value of real property for all levies and a $250,000 exemption from all levies for homestead property if the title holder has attained age shall take effect January 1, 2025. HJR 1369 2024 hjr1369 FL OR I DA HO US EO FR EP RE SE NT A TI VE SBE IT FURTHER RESOLVED that the following statement be placed on the ballot: CONSTITUTIONAL AMEND MENT ARTICLE VII, SECTION 228 ARTICLE VII, SECTION ARTICLE XII EXEMPTIONS FROM ASSE SSMENT FOR TAXATION OF REAL PROPERTY.-Proposing an amendment to the State Constitution to create a $100,000 exemption from the assessed value of real property for all levies and a $250,000 homestead exemption for residential property owned by a person who is age or older. The amendment takes effect January 1, 2025.