Bill Text: FL S1064 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Tangible Personal Property/Ad Valorem Tax Exemption

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2012-03-08 - Laid on Table, companion bill(s) passed, see CS/HJR 1003 (Passed) -SJ 997 [S1064 Detail]

Download: Florida-2012-S1064-Introduced.html

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       Florida Senate - 2012                                   SJR 1064
       
       
       
       By Senator Detert
       
       
       
       
       23-00812-12                                           20121064__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 3
    3         of Article VII of the State Constitution to authorize
    4         the Legislature to have more flexibility in providing
    5         for the assessment and exemption of tangible personal
    6         property from ad valorem taxation.
    7  
    8  Be It Resolved by the Legislature of the State of Florida:
    9  
   10         That the following amendment to Section 3 of Article VII 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  exempted by general law from 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 widower 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 this
   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 the 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 business. 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  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 limits 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, the legislature shall exempt at least twenty-five
   67  thousand dollars of the assessed value of property subject to
   68  tangible personal property tax shall be exempt from ad valorem
   69  taxation. Such law may also:
   70         (1) Provide for the assessment of an item of tangible
   71  personal property at a specified percentage of its value;
   72         (2) Specify an item of tangible personal property that is
   73  exempt from ad valorem taxation; or
   74         (3) Exempt a person from paying a tangible personal
   75  property tax if the amount of the tax otherwise due does not
   76  substantially exceed the cost, as determined by the legislature,
   77  to administer the tax.
   78         (f) There shall be granted an ad valorem tax exemption for
   79  real property dedicated in perpetuity for conservation purposes,
   80  including real property encumbered by perpetual conservation
   81  easements or by other perpetual conservation protections, as
   82  defined by general law.
   83         (g) By general law and subject to the conditions specified
   84  therein, each person who receives a homestead exemption as
   85  provided in section 6 of this article; who was a member of the
   86  United States military or military reserves, the United States
   87  Coast Guard or its reserves, or the Florida National Guard; and
   88  who was deployed during the preceding calendar year on active
   89  duty outside the continental United States, Alaska, or Hawaii in
   90  support of military operations designated by the legislature
   91  shall receive an additional exemption equal to a percentage of
   92  the taxable value of his or her homestead property. The
   93  applicable percentage shall be calculated as the number of days
   94  during the preceding calendar year the person was deployed on
   95  active duty outside the continental United States, Alaska, or
   96  Hawaii in support of military operations designated by the
   97  legislature divided by the number of days in that year.
   98         BE IT FURTHER RESOLVED that the following statement be
   99  placed on the ballot:
  100                      CONSTITUTIONAL AMENDMENT                     
  101                       ARTICLE VII, SECTION 3                      
  102         TANGIBLE PERSONAL PROPERTY TAXES.—The State Constitution
  103  provides that counties, school districts, and municipalities,
  104  shall, and special districts may, be authorized by the
  105  Legislature to levy a tax on the value of tangible personal
  106  property. The State Constitution further authorizes the
  107  Legislature to exempt $25,000 of the value of the tangible
  108  personal property from the tax.
  109         This proposed amendment to the State Constitution
  110  authorizes the Legislature to:
  111         (1) Increase the value of tangible personal property that
  112  is exempt from tangible personal property taxes;
  113         (2) Provide for the assessment of an item of tangible
  114  personal property at a specified percentage of its value;
  115         (3) Identify items of tangible personal property that are
  116  exempt from taxation; and
  117         (4) Exempt a person from paying a tangible personal
  118  property tax if the amount of the tax otherwise due does not
  119  substantially exceed the cost, as determined by the Legislature,
  120  to administer the tax.