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New Property Tax Relief Plan Ready For Ballot

POSTED: Monday, October 29, 2007

Florida voters will have a leaner, simpler property tax relief plan when they go to the polls Jan. 29 after the House reluctantly passed a take-it-or-leave-it compromise that the Senate offered Monday.

The measure passed just one day before the deadline for putting proposed state constitutional amendments on the presidential primary ballot.

Gov. Charlie Crist said his "throat's about shot" after working the phones all afternoon trying to persuade House members to accept the deal.

"The people have won," Crist said. "The people don't want us to bicker. The people want us to work together to do what's right."

The compromise would increase exemptions for primary homes, known as homesteads, for an average estimated annual savings of $240 each. Also, for the first time it would cap assessments on other properties -- businesses, second homes and rentals.

A "portability" provision would let homesteaders take at least part of the benefits they get from the existing Save Our Homes assessment cap with them they move. Finally, it would give businesses a $25,000 exemption for equipment and other personal property.

Crist made doubling the homestead exemption and portability key planks in his election campaign last year.

Senate Majority Leader Daniel Webster, R-Winter Garden, led the effort to craft the compromise. He said he tried to balance the interests of the House and Senate, Republicans and Democrats and, most importantly, voters. It will take a 60 percent vote at the polls to enact the amendment.

"It's like walking on a tightrope over Niagara Falls," Webster said. "There's this razor-thin line we have to walk down."

He said polling indicated the previous plans were too complex and confusing.

Lawmakers convened their fourth special session of the year -- the second on property taxes -- on Oct. 12 after a judge removed a prior proposal from the ballot, ruling it had an inaccurate and misleading summary.

The two chambers passed differing replacement proposals and remained in a stalemate until Monday, the session's last day.

The Senate passed its new plan 35-4, and then voted 37-2 to put it on the ballot. Senate President Ken Pruitt, R-Port St. Lucie, announced he had no intention of considering any changes by the House.

The House's only choices were to accept the Senate proposal or do nothing. Representatives voted 97-18 for the amendment and 112-3 to put it on the ballot after a lengthy debate.

Rep. Alan Hays, R-Umatilla, complained that the House was having to "take the medicine."

"Instead of a pill, we are taking it in the form of a suppository," Hays said.

Rep. Kevin Ambler, R-Lutz, argued that lawmakers let voters have a chance to decide if it's a good plan.

"It's deal, or no deal," Ambler said. "I think we owe it to our constituents to take the deal."

In a rare move, House Speaker Marco Rubio, R-West Miami, left the podium to debate for passage.

"Don't apologize for what you are passing," Rubio said. "We did our best."

The new plan is expected to save taxpayers -- and cost cities, counties, special districts and school boards -- $8.74 billion in the first four years. That's about $1 billion less than previous proposals in both chambers although they differed significantly on the details.

The compromise (SJR 2D) is a streamlined version of what the Senate passed two weeks ago with the addition of a scaled-down variation of the House's new assessment cap for businesses, second homes and rentals.

It also eliminated provisions in the earlier plans that would have given additional tax breaks to first-time home buyers, low-income seniors and marinas and other "working waterfront" properties.

Polling shows doubling the existing $25,000 homestead exemption is the most popular of the major tax-cutting ideas the Legislature has been considering.

The compromise would double the exemption but only for homes valued at more than $50,000 and not for school taxes. Only 6 percent of Florida's homesteads will not qualify for the added exemption, said Senate Finance and Tax Chairman Mike Haridopolos, R-Indialantic.

The House initially had passed a more complex provision that would have given homesteaders an exemption equal to 40 percent of the median home value in their county, also except for school taxes.

Save Our Homes now limits annual assessment increases to 3 percent for homesteaders. The compromise would provide a 10 percent cap for non-homestead properties, again except for school taxes. The Senate previously had no such provision while the House had a more protective 5 percent cap on all taxes including schools.

The two chambers previously had agreed on providing portability for up to $1 million in Save Our Homes benefits but excluded school taxes. The compromise reduces that to $500,000 but includes school taxes.

The Senate on a voice vote defeated a motion by Sen. Ted Deutch, D-Boca Raton, to hold education "harmless."

Senate staffers have estimated the compromise would cost schools $1.86 billion in the first four years. Haridopolos argued the portability provision would stimulate a depressed housing market enough to offset the school losses.

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