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Amendments, Election 3-11-80:

1979 SJR 1-B (Article VII, Section 6) {Adopted}

1979 SJR 20-C (Article V, Section 3) {Adopted}

Related Materials:

"Constitutional Amendments on Florida Supreme Court Jurisdiction, and on

Changes in Tax Provisions Including Homestead Exemption, to be Considered at

March 11, 1980 Election,"

by Manning J. Dauer and Fred Goddard.

Civic Information Series, No. 62, Public Administration Clearing Service,

University of Florida. 1980.

 

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SENATE JOINT RESOLUTION NO. 1-B

A joint resolution proposing an amendment to Section 6 of Article VII of the State Constitution relating to ad valorem tax relief.

Be it Resolved by the Legislature of the State of Florida:

That the following revision consisting of an amendment to Section 6 of Article VII of the State Constitution is hereby agreed to and that the revision shall be submitted to the electors of this state for approval or rejection at a s pecial election to be held on March 11, 1980; provided, however, that if such revision is not submitted to the electors at a special election on March 11, 1980, it shall be submitted to the electors at the next general election, and, if approved, such rev ision shall take effect upon such approval and apply to the taxes levied on the assessment rolls for the year 1980 and each year thereafter:

 

ARTICLE VII

FINANCE AND TAXATION

Section 6. Homestead Exemptions.

(a) Every person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, or another legally or naturally dependent upon the owner, shall be exempt from taxation thereon, except ass essments for special benefits, up to the assessed valuation of 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.

(b) Not more than one exemption shall be allowed any individual or family unit or with respect to any residential unit. No exemption shall exceed the value of the real estate assessable to the owner or, in case of ownership through sto ck or membership in a corporation, the value of the proportion which his interest in the corporation bears to the assessed value of the property.

(c) By general law and subject to conditions specified therein, the exemption shall be increased to a total of twenty-five thousand dollars of the assessed value of the real estate for each school district levy. By general law and subj ect to conditions specified therein, the exemption for all other levies may be increased up to an amount not exceeding ten thousand dollars of the assessed value of the real estate if the owner has attained age sixty-five or is totally and permanently dis abled.

(d) By general law and subject to conditions specified therein, the Legislature may provide to renters, who are permanent residents, ad valorem tax relief on school district levies. Such ad valorem tax relief shall be in the form and a mount established by general law.

BE IT FURTHER RESOLVED that the following statement be placed on the ballot:

CONSTITUTIONAL AMENDMENTS

ARTICLE VII, SECTION 6

Proposing amendments to the State Constitution to provide a homestead exemption of $25,000 from certain ad valorem school millage levies, providing authorization for ad valorem tax relief for permanent resident renters, and providing th at the $25,000 exemption from certain ad valorem school millage levies shall take effect upon approval by the voters and apply to the taxes levied on the assessment rolls for the year 1980 and each year thereafter.

Filed in Office Secretary of State June 14, 1979.

 

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SENATE JOINT RESOLUTION NO. 20-C

A joint resolution proposing an amendment to Section 3, Article V of the State Constitution, relating to the organization and jurisdiction of the Supreme Court.

Be it Resolved by the Legislature of the State of Florida:

That the following amendment to Section 3 of Article V of the State Constitution is hereby agreed to and shall be submitted to the electors of this state for approval or rejection at a special election to be held in conjunction with the presidential preference primary election in March 1980; and which, if approved, shall take effect April 1, 1980.

ARTICLE V

JUDICIARY

Section 3. Supreme Court.

(a) Organization. The supreme court shall consist of seven justices. Of the seven justices, each appellate district shall have at least one justice elected or appointed from the district to the supreme court who is a resident of the d istrict at the time of his original appointment or election. Five justices shall constitute a quorum. The concurrence of four justices shall be necessary to a decision. When recusals for cause would prohibit the court from convening because of the requ irements of this section, judges assigned to temporary duty may be substituted for justices.

(b) Jurisdiction. The supreme court:

(1) Shall hear appeals from final judgments of trial courts imposing the death penalty and from decisions of district courts of appeal declaring invalid a state statute or a provision of the state constitution.

(2) When provided by general law, shall hear appeals from final judgments entered in proceedings for the validation of bonds or certificates of indebtedness and shall review action of statewide agencies relating to rates or service of u tilities providing electric, gas, or telephone service.

(3) May review any decision of a district court of appeal that expressly declares valid a state statute, or that expressly construes a provision of the state or federal constitution, or that expressly affects a class of constitutional o r state officers, or that expressly and directly conflicts with a decision of another district court of appeal or of the supreme court on the same question of law.

(4) May review any decision of a district court of appeal that passes upon a question certified by it to be of great public importance, or that is certified by it to be in direct conflict with a decision of another district court of app eal.

(5) May review any order or judgment of a trial court certified by the district court of appeal in which an appeal is pending to be of great public importance, or to have a great effect on the proper administration of justice throughout the state, and certified to require immediate resolution by the supreme court.

(6) May review a question of law certified by the Supreme Court of the United States or a United States Court of Appeals which is determinative of the cause and for which there is no controlling precedent of the supreme court of Florida .

(7) May issue writs of prohibition to courts and all writs necessary to the complete exercise of its jurisdiction.

(8) May issue writs of mandamus and quo warranto to state officers and state agencies.

(9) May, or any justice may, issue writs of habeas corpus returnable before the supreme court or any justice, a district court of appeal or any judge thereof, or any circuit judge.

(c) Clerk and Marshal. The supreme court shall appoint a clerk and a marshal who shall hold office during the pleasure of the court and perform such duties as the court directs. Their compensation shall be fixed by general law. The m arshal shall have the power to execute the process of the court throughout the state, and in any county may deputize the sheriff or a deputy sheriff for such purpose.

BE IT FURTHER RESOLVED that the following statement be placed on the ballot:

CONSTITUTIONAL AMENDMENT

ARTICLE V, SECTION 3

Proposing an amendment to the State Constitution to modify the jurisdiction of the Supreme Court.

Filed in Office Secretary of State November 29, 1979.

 

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