| 1 | Representative(s) Robaina offered the following: |
| 2 |
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| 3 | Amendment (with ballot statement and title amendments) |
| 4 | Remove line(s) 160-337 and insert: |
| 5 | (g) Marinas, boatyards, boat ramps, commercial fishing |
| 6 | facilities, and similar facilities classified as recreational |
| 7 | and commercial working waterfronts pursuant to general law and |
| 8 | open to the public on a first-come, first-served basis shall be |
| 9 | classified by general law and assessed solely on the basis of an |
| 10 | income approach to value and using a capitalization rate of no |
| 11 | less than ten percent. |
| 12 | SECTION 6. Homestead exemptions.-- |
| 13 | (a) Every person who has the legal or equitable title to |
| 14 | real estate and maintains thereon the permanent residence of the |
| 15 | owner, or another legally or naturally dependent upon the owner, |
| 16 | shall be exempt from taxation thereon, except assessments for |
| 17 | special benefits, on seventy-five percent of up to the just |
| 18 | assessed valuation of such property up to two hundred of five |
| 19 | thousand dollars and on fifteen percent of the just valuation of |
| 20 | such property above two hundred thousand dollars up to five |
| 21 | hundred thousand dollars, upon establishment of right thereto in |
| 22 | the manner prescribed by law. The five hundred thousand dollar |
| 23 | threshold shall be adjusted each year by the percentage change |
| 24 | in per capita personal income, as defined by general law, for |
| 25 | the previous year, and may be increased by general law enacted |
| 26 | by an affirmative vote of at least two-thirds of the membership |
| 27 | of each house of the legislature. The exemption shall not be |
| 28 | less than fifty thousand dollars but, for low-income seniors who |
| 29 | meet the eligibility criteria under subsection (d), the |
| 30 | exemption shall not be less than one hundred thousand dollars. |
| 31 | The real estate may be held by legal or equitable title, by the |
| 32 | entireties, jointly, in common, as a condominium, or indirectly |
| 33 | by stock ownership or membership representing the owner's or |
| 34 | member's proprietary interest in a corporation owning a fee or a |
| 35 | leasehold initially in excess of ninety-eight years. The |
| 36 | exemption shall not apply with respect to any assessment roll |
| 37 | until such roll is first determined to be in compliance with the |
| 38 | provisions of section 4 by a state agency designated by general |
| 39 | law. This exemption is repealed on the effective date of any |
| 40 | amendment to this Article which provides for the assessment of |
| 41 | homestead property at less than just value. |
| 42 | (b) Not more than one exemption shall be allowed any |
| 43 | individual or family unit or with respect to any residential |
| 44 | unit. No exemption shall exceed the value of the real estate |
| 45 | assessable to the owner or, in case of ownership through stock |
| 46 | or membership in a corporation, the value of the proportion |
| 47 | which the interest in the corporation bears to the assessed |
| 48 | value of the property. |
| 49 | (c) By general law and subject to conditions specified |
| 50 | therein, the exemption shall be increased to a total of twenty- |
| 51 | five thousand dollars of the assessed value of the real estate |
| 52 | for each school district levy. By general law and subject to |
| 53 | conditions specified therein, the exemption for all other levies |
| 54 | may be increased up to an amount not exceeding ten thousand |
| 55 | dollars of the assessed value of the real estate if the owner |
| 56 | has attained age sixty-five or is totally and permanently |
| 57 | disabled and if the owner is not entitled to the exemption |
| 58 | provided in subsection (d). |
| 59 | (d) By general law and subject to conditions specified |
| 60 | therein, the exemption shall be increased to a total of the |
| 61 | following amounts of assessed value of real estate for each levy |
| 62 | other than those of school districts: fifteen thousand dollars |
| 63 | with respect to 1980 assessments; twenty thousand dollars with |
| 64 | respect to 1981 assessments; twenty-five thousand dollars with |
| 65 | respect to assessments for 1982 and each year thereafter. |
| 66 | However, such increase shall not apply with respect to any |
| 67 | assessment roll until such roll is first determined to be in |
| 68 | compliance with the provisions of section 4 by a state agency |
| 69 | designated by general law. This subsection shall stand repealed |
| 70 | on the effective date of any amendment to section 4 which |
| 71 | provides for the assessment of homestead property at a specified |
| 72 | percentage of its just value. |
| 73 | (c)(e) By general law and subject to conditions specified |
| 74 | therein, the Legislature may provide to renters, who are |
| 75 | permanent residents, ad valorem tax relief on all ad valorem tax |
| 76 | levies. Such ad valorem tax relief shall be in the form and |
| 77 | amount established by general law. |
| 78 | (d)(f) The legislature may, by general law, allow counties |
| 79 | or municipalities, for the purpose of their respective tax |
| 80 | levies and subject to the provisions of general law, to grant an |
| 81 | additional homestead tax exemption not exceeding fifty thousand |
| 82 | dollars to any person who has the legal or equitable title to |
| 83 | real estate and maintains thereon the permanent residence of the |
| 84 | owner and who has attained age sixty-five and whose household |
| 85 | income, as defined by general law, does not exceed twenty |
| 86 | thousand dollars. The general law must allow counties and |
| 87 | municipalities to grant this additional exemption, within the |
| 88 | limits prescribed in this subsection, by ordinance adopted in |
| 89 | the manner prescribed by general law, and must provide for the |
| 90 | periodic adjustment of the income limitation prescribed in this |
| 91 | subsection for changes in the cost of living. |
| 92 | (e)(g) Each veteran who is age 65 or older who is |
| 93 | partially or totally permanently disabled shall receive a |
| 94 | discount from the amount of the ad valorem tax otherwise owed on |
| 95 | homestead property the veteran owns and resides in if the |
| 96 | disability was combat related, the veteran was a resident of |
| 97 | this state at the time of entering the military service of the |
| 98 | United States, and the veteran was honorably discharged upon |
| 99 | separation from military service. The discount shall be in a |
| 100 | percentage equal to the percentage of the veteran's permanent, |
| 101 | service-connected disability as determined by the United States |
| 102 | Department of Veterans Affairs. To qualify for the discount |
| 103 | granted by this subsection, an applicant must submit to the |
| 104 | county property appraiser, by March 1, proof of residency at the |
| 105 | time of entering military service, an official letter from the |
| 106 | United States Department of Veterans Affairs stating the |
| 107 | percentage of the veteran's service-connected disability and |
| 108 | such evidence that reasonably identifies the disability as |
| 109 | combat related, and a copy of the veteran's honorable discharge. |
| 110 | If the property appraiser denies the request for a discount, the |
| 111 | appraiser must notify the applicant in writing of the reasons |
| 112 | for the denial, and the veteran may reapply. The Legislature |
| 113 | may, by general law, waive the annual application requirement in |
| 114 | subsequent years. This subsection shall take effect December 7, |
| 115 | 2006, is self-executing, and does not require implementing |
| 116 | legislation. |
| 117 | SECTION 9. Local taxes.-- |
| 118 | (a) Counties, school districts, and municipalities shall, |
| 119 | and special districts may, be authorized by law to levy ad |
| 120 | valorem taxes and may be authorized by general law to levy other |
| 121 | taxes, for their respective purposes, except ad valorem taxes on |
| 122 | intangible personal property and taxes prohibited by this |
| 123 | constitution. |
| 124 | (b) Ad valorem taxes, exclusive of taxes levied for the |
| 125 | payment of bonds and taxes levied for periods not longer than |
| 126 | two years when authorized by vote of the electors who are the |
| 127 | owners of freeholds therein not wholly exempt from taxation, |
| 128 | shall not be levied in excess of the following millages upon the |
| 129 | assessed value of real estate and tangible personal property: |
| 130 | for all county purposes, ten mills; for all municipal purposes, |
| 131 | ten mills; for all school purposes, ten mills; for water |
| 132 | management purposes for the northwest portion of the state lying |
| 133 | west of the line between ranges two and three east, 0.05 mill; |
| 134 | for water management purposes for the remaining portions of the |
| 135 | state, 1.0 mill; and for all other special districts a millage |
| 136 | authorized by law approved by vote of the electors who are |
| 137 | owners of freeholds therein not wholly exempt from taxation. A |
| 138 | county furnishing municipal services may, to the extent |
| 139 | authorized by law, levy additional taxes within the limits fixed |
| 140 | for municipal purposes. |
| 141 | (c) By general law, the legislature shall limit the |
| 142 | authority of counties, municipalities, and special districts to |
| 143 | increase ad valorem taxes. |
| 144 | ARTICLE XII |
| 145 | SCHEDULE |
| 146 | SECTION 27. Transitional assessments of homestead |
| 147 | property; effective date.-- |
| 148 | (a) Each person entitled to a homestead exemption under |
| 149 | Section 6 of Article VII on January 1, 2008, shall continue to |
| 150 | have the person's current homestead assessed under Section 4(c) |
| 151 | of Article VII so long as, on January 1 of each year, the sum of |
| 152 | the exemption the person would have received under Section 6(a)- |
| 153 | (d) of Article VII, as it existed on December 31, 2007, plus the |
| 154 | difference between the homestead's just value and its assessed |
| 155 | value determined pursuant to Section 4(c) of Article VII is |
| 156 | greater than the exemption provided by Section 6(a) of Article |
| 157 | VII. After the exemption provided in Section 6(a) of Article VII |
| 158 | exceeds such sum in any year, the homestead may not be assessed |
| 159 | under Section 4(c) of Article VII. |
| 160 | (b) The exemption provided in Section 6(a) of Article VII |
| 161 | to each person entitled to have the person's homestead assessed |
| 162 | under Section 4(c) of Article VII pursuant to subsection (a) |
| 163 | shall be limited to the exemption the person would have been |
| 164 | entitled to under Section 6(a)-(d) of Article VII as it existed |
| 165 | on December 31, 2007. |
| 166 | (c) The amendments to Sections 3, 4, 6, and 9 of Article |
| 167 | VII, providing an exemption from ad valorem taxation for |
| 168 | tangible personal property, revising provisions limiting an |
| 169 | increase in the assessed value of homestead property, providing |
| 170 | for assessing rent-restricted affordable housing and |
| 171 | recreational and commercial working waterfront property pursuant |
| 172 | to general law, increasing the homestead exemption by providing |
| 173 | a schedule for determining the exemption based on a percentage |
| 174 | of the property's just value, and requiring the legislature to |
| 175 | limit the authority of counties, municipalities, and special |
| 176 | districts to increase ad valorem taxes, and this section, |
| 177 | providing for transitional assessments of homestead property, |
| 178 | shall take effect upon approval by the electors and shall |
| 179 | operate retroactively to January 1, 2008. |
| 180 |
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| 181 | == B A L L O T S T A T E M E N T A M E N D M E N T == |
| 182 | Remove line(s) 366-368, and insert: |
| 183 | housing property and recreational and commercial working |
| 184 | waterfront property at less than just value; and to schedule the |
| 185 | amendments |
| 186 |
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| 187 | ======= T I T L E A M E N D M E N T ======= |
| 188 | Remove line(s) 9 and insert: |
| 189 | housing and recreational and commercial working waterfront |