| 1 | Representative(s) Gelber offered the following: |
| 2 |
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| 3 | Amendment (with ballot statement amendment) |
| 4 | Remove line(s) 96-337 and insert: |
| 5 | (c) All persons entitled to a homestead exemption under |
| 6 | Section 6 of this Article shall have their homestead assessed at |
| 7 | just value as of January 1 of the year following the effective |
| 8 | date of this amendment. This assessment shall change only as |
| 9 | provided herein. |
| 10 | (1) Assessments subject to this provision shall be changed |
| 11 | annually on January 1st of each year; but those changes in |
| 12 | assessments shall not exceed the lower of the following: |
| 13 | a. Three percent (3%) of the assessment for the prior |
| 14 | year. |
| 15 | b. The percent change in the Consumer Price Index for all |
| 16 | urban consumers, U.S. City Average, all items 1967=100, or |
| 17 | successor reports for the preceding calendar year as initially |
| 18 | reported by the United States Department of Labor, Bureau of |
| 19 | Labor Statistics. |
| 20 | (2) No assessment shall exceed just value. |
| 21 | (3) After any change of ownership, as provided by general |
| 22 | law, homestead property shall be assessed at just value as of |
| 23 | January 1 of the following year. Thereafter, the homestead shall |
| 24 | be assessed as provided herein. |
| 25 | (4) New homestead property shall be assessed at just value |
| 26 | as of January 1st of the year following the establishment of the |
| 27 | homestead. That assessment shall only change as provided herein. |
| 28 | (5) Changes, additions, reductions, or improvements to |
| 29 | homestead property shall be assessed as provided for by general |
| 30 | law; provided, however, after the adjustment for any change, |
| 31 | addition, reduction, or improvement, the property shall be |
| 32 | assessed as provided herein. |
| 33 | (6) In the event of a termination of homestead status, the |
| 34 | property shall be assessed at just value as of January 1 of the |
| 35 | following year as provided by general law. |
| 36 | (7) The provisions of this amendment are severable. If any |
| 37 | of the provisions of this amendment shall be held |
| 38 | unconstitutional by any court of competent jurisdiction, the |
| 39 | decision of such court shall not affect or impair any remaining |
| 40 | provisions of this amendment. |
| 41 | (d) The legislature may, by general law, for assessment |
| 42 | purposes and subject to the provisions of this subsection, allow |
| 43 | counties and municipalities to authorize by ordinance that |
| 44 | historic property may be assessed solely on the basis of |
| 45 | character or use. Such character or use assessment shall apply |
| 46 | only to the jurisdiction adopting the ordinance. The |
| 47 | requirements for eligible properties must be specified by |
| 48 | general law. |
| 49 | (e) A county may, in the manner prescribed by general law, |
| 50 | provide for a reduction in the assessed value of homestead |
| 51 | property to the extent of any increase in the assessed value of |
| 52 | that property which results from the construction or |
| 53 | reconstruction of the property for the purpose of providing |
| 54 | living quarters for one or more natural or adoptive grandparents |
| 55 | or parents of the owner of the property or of the owner's spouse |
| 56 | if at least one of the grandparents or parents for whom the |
| 57 | living quarters are provided is 62 years of age or older. Such a |
| 58 | reduction may not exceed the lesser of the following: |
| 59 | (1) The increase in assessed value resulting from |
| 60 | construction or reconstruction of the property. |
| 61 | (2) Twenty percent of the total assessed value of the |
| 62 | property as improved. |
| 63 | (f) As defined by general law, real property that is used |
| 64 | to provide affordable housing and is subject to rent |
| 65 | restrictions imposed by a governmental agency may be assessed as |
| 66 | provided by general law, subject to conditions or limitations |
| 67 | specified therein. |
| 68 | (g) As defined by general law, land that is used |
| 69 | exclusively for commercial fishing purposes or that is open to |
| 70 | the public and used predominantly for commercial water-dependent |
| 71 | activities or for public access to waters that are navigable may |
| 72 | be assessed as provided by general law, subject to conditions or |
| 73 | limitations specified therein. For purposes of this paragraph, |
| 74 | the term "water-dependent activity" means any activity that can |
| 75 | be conducted only on, in, over, or adjacent to waters that are |
| 76 | navigable and that requires direct access to water and involves |
| 77 | the use of water as an integral part of such activity. |
| 78 | SECTION 6. Homestead exemptions.-- |
| 79 | (a) When the benefit is greater than the benefit provided |
| 80 | in Section 4(c), every person who has the legal or equitable |
| 81 | title to real estate and maintains thereon the permanent |
| 82 | residence of the owner, or another legally or naturally |
| 83 | dependent upon the owner, shall be exempt from taxation thereon, |
| 84 | except assessments for special benefits, on seventy-five percent |
| 85 | of up to the just assessed valuation of such property up to two |
| 86 | hundred of five thousand dollars and on fifteen percent of the |
| 87 | just valuation of such property above two hundred thousand |
| 88 | dollars up to five hundred thousand dollars, upon establishment |
| 89 | of right thereto in the manner prescribed by law. The five |
| 90 | hundred thousand dollar threshold shall be adjusted each year by |
| 91 | the percentage change in per capita personal income, as defined |
| 92 | by general law, for the previous year, and may be increased by |
| 93 | general law enacted by an affirmative vote of at least two- |
| 94 | thirds of the membership of each house of the legislature. The |
| 95 | exemption shall not be less than fifty thousand dollars but, for |
| 96 | low-income seniors who meet the eligibility criteria under |
| 97 | subsection (d), the exemption shall not be less than one hundred |
| 98 | thousand dollars. The real estate may be held by legal or |
| 99 | equitable title, by the entireties, jointly, in common, as a |
| 100 | condominium, or indirectly by stock ownership or membership |
| 101 | representing the owner's or member's proprietary interest in a |
| 102 | corporation owning a fee or a leasehold initially in excess of |
| 103 | ninety-eight years. The exemption shall not apply with respect |
| 104 | to any assessment roll until such roll is first determined to be |
| 105 | in compliance with the provisions of Section 4 by a state agency |
| 106 | designated by general law. This exemption is repealed on the |
| 107 | effective date of any amendment to this Article which provides |
| 108 | for the assessment of homestead property at less than just |
| 109 | value. |
| 110 | (b) Not more than one exemption shall be allowed any |
| 111 | individual or family unit or with respect to any residential |
| 112 | unit. No exemption shall exceed the value of the real estate |
| 113 | assessable to the owner or, in case of ownership through stock |
| 114 | or membership in a corporation, the value of the proportion |
| 115 | which the interest in the corporation bears to the assessed |
| 116 | value of the property. |
| 117 | (c) By general law and subject to conditions specified |
| 118 | therein, the exemption shall be increased to a total of twenty- |
| 119 | five thousand dollars of the assessed value of the real estate |
| 120 | for each school district levy. By general law and subject to |
| 121 | conditions specified therein, the exemption for all other levies |
| 122 | may be increased up to an amount not exceeding ten thousand |
| 123 | dollars of the assessed value of the real estate if the owner |
| 124 | has attained age sixty-five or is totally and permanently |
| 125 | disabled and if the owner is not entitled to the exemption |
| 126 | provided in subsection (d). |
| 127 | (d) By general law and subject to conditions specified |
| 128 | therein, the exemption shall be increased to a total of the |
| 129 | following amounts of assessed value of real estate for each levy |
| 130 | other than those of school districts: fifteen thousand dollars |
| 131 | with respect to 1980 assessments; twenty thousand dollars with |
| 132 | respect to 1981 assessments; twenty-five thousand dollars with |
| 133 | respect to assessments for 1982 and each year thereafter. |
| 134 | However, such increase shall not apply with respect to any |
| 135 | assessment roll until such roll is first determined to be in |
| 136 | compliance with the provisions of section 4 by a state agency |
| 137 | designated by general law. This subsection shall stand repealed |
| 138 | on the effective date of any amendment to section 4 which |
| 139 | provides for the assessment of homestead property at a specified |
| 140 | percentage of its just value. |
| 141 | (c)(e) By general law and subject to conditions specified |
| 142 | therein, the Legislature may provide to renters, who are |
| 143 | permanent residents, ad valorem tax relief on all ad valorem tax |
| 144 | levies. Such ad valorem tax relief shall be in the form and |
| 145 | amount established by general law. |
| 146 | (d)(f) The legislature may, by general law, allow counties |
| 147 | or municipalities, for the purpose of their respective tax |
| 148 | levies and subject to the provisions of general law, to grant an |
| 149 | additional homestead tax exemption not exceeding fifty thousand |
| 150 | dollars to any person who has the legal or equitable title to |
| 151 | real estate and maintains thereon the permanent residence of the |
| 152 | owner and who has attained age sixty-five and whose household |
| 153 | income, as defined by general law, does not exceed twenty |
| 154 | thousand dollars. The general law must allow counties and |
| 155 | municipalities to grant this additional exemption, within the |
| 156 | limits prescribed in this subsection, by ordinance adopted in |
| 157 | the manner prescribed by general law, and must provide for the |
| 158 | periodic adjustment of the income limitation prescribed in this |
| 159 | subsection for changes in the cost of living. |
| 160 | (e)(g) Each veteran who is age 65 or older who is |
| 161 | partially or totally permanently disabled shall receive a |
| 162 | discount from the amount of the ad valorem tax otherwise owed on |
| 163 | homestead property the veteran owns and resides in if the |
| 164 | disability was combat related, the veteran was a resident of |
| 165 | this state at the time of entering the military service of the |
| 166 | United States, and the veteran was honorably discharged upon |
| 167 | separation from military service. The discount shall be in a |
| 168 | percentage equal to the percentage of the veteran's permanent, |
| 169 | service-connected disability as determined by the United States |
| 170 | Department of Veterans Affairs. To qualify for the discount |
| 171 | granted by this subsection, an applicant must submit to the |
| 172 | county property appraiser, by March 1, proof of residency at the |
| 173 | time of entering military service, an official letter from the |
| 174 | United States Department of Veterans Affairs stating the |
| 175 | percentage of the veteran's service-connected disability and |
| 176 | such evidence that reasonably identifies the disability as |
| 177 | combat related, and a copy of the veteran's honorable discharge. |
| 178 | If the property appraiser denies the request for a discount, the |
| 179 | appraiser must notify the applicant in writing of the reasons |
| 180 | for the denial, and the veteran may reapply. The Legislature |
| 181 | may, by general law, waive the annual application requirement in |
| 182 | subsequent years. This subsection shall take effect December 7, |
| 183 | 2006, is self-executing, and does not require implementing |
| 184 | legislation. |
| 185 | SECTION 9. Local taxes.-- |
| 186 | (a) Counties, school districts, and municipalities shall, |
| 187 | and special districts may, be authorized by law to levy ad |
| 188 | valorem taxes and may be authorized by general law to levy other |
| 189 | taxes, for their respective purposes, except ad valorem taxes on |
| 190 | intangible personal property and taxes prohibited by this |
| 191 | constitution. |
| 192 | (b) Ad valorem taxes, exclusive of taxes levied for the |
| 193 | payment of bonds and taxes levied for periods not longer than |
| 194 | two years when authorized by vote of the electors who are the |
| 195 | owners of freeholds therein not wholly exempt from taxation, |
| 196 | shall not be levied in excess of the following millages upon the |
| 197 | assessed value of real estate and tangible personal property: |
| 198 | for all county purposes, ten mills; for all municipal purposes, |
| 199 | ten mills; for all school purposes, ten mills; for water |
| 200 | management purposes for the northwest portion of the state lying |
| 201 | west of the line between ranges two and three east, 0.05 mill; |
| 202 | for water management purposes for the remaining portions of the |
| 203 | state, 1.0 mill; and for all other special districts a millage |
| 204 | authorized by law approved by vote of the electors who are |
| 205 | owners of freeholds therein not wholly exempt from taxation. A |
| 206 | county furnishing municipal services may, to the extent |
| 207 | authorized by law, levy additional taxes within the limits fixed |
| 208 | for municipal purposes. |
| 209 | (c) By general law, the legislature shall limit the |
| 210 | authority of counties, municipalities, and special districts to |
| 211 | increase ad valorem taxes. |
| 212 | ARTICLE XII |
| 213 | SCHEDULE |
| 214 | SECTION 27. Transitional assessments of homestead |
| 215 | property; effective date.-- |
| 216 | (a) The exemption provided in Section 6(a) of Article VII |
| 217 | to each person entitled to have the person's homestead assessed |
| 218 | under Section 4(c) of Article VII shall be limited to the |
| 219 | exemption the person would have been entitled to under Section |
| 220 | 6(a)-(d) of Article VII as it existed on December 31, 2007. |
| 221 | (b) The amendments to Sections 3, 4, 6, and 9 of Article |
| 222 | VII, providing an exemption from ad valorem taxation for |
| 223 | tangible personal property, revising provisions limiting an |
| 224 | increase in the assessed value of homestead property, providing |
| 225 | for assessing rent-restricted affordable housing and commercial |
| 226 | and public-access waterfront property pursuant to general law, |
| 227 | increasing the homestead exemption by providing a schedule for |
| 228 | determining the exemption based on a percentage of the |
| 229 | property's just value, and requiring the legislature to limit |
| 230 | the authority of counties, municipalities, and special districts |
| 231 | to increase ad valorem taxes, and this section, providing for |
| 232 | transitional assessments of homestead property, shall take |
| 233 | effect upon approval by the electors and shall operate |
| 234 | retroactively to January 1, 2008. |
| 235 |
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| 236 |
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| 237 | == B A L L O T S T A T E M E N T A M E N D M E N T == |
| 238 | Remove line(s) 348 and insert: |
| 239 | to $500,000 when the benefit is greater than the Save-Our-Homes |
| 240 | benefit, to subject the $500,000 threshold to annual |