Amendment
Bill No. 0004B
Amendment No. 104951
CHAMBER ACTION
Senate House
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1Representative Gelber offered the following:
2
3     Amendment (with ballot statement amendment)
4     On page 4, line 10, through page 12, line 16
5remove:  all of said lines
6
7and insert:
8
9     (c)  All persons entitled to a homestead exemption under
10Section 6 of this Article shall have their homestead assessed at
11just value as of January 1 of the year following the effective
12date of this amendment. This assessment shall change only as
13provided herein.
14     (1)  Assessments subject to this provision shall be changed
15annually on January 1st of each year; but those changes in
16assessments shall not exceed the lower of the following:
17     a.  Three percent (3%) of the assessment for the prior
18year.
19     b.  The percent change in the Consumer Price Index for all
20urban consumers, U.S. City Average, all items 1967=100, or
21successor reports for the preceding calendar year as initially
22reported by the United States Department of Labor, Bureau of
23Labor Statistics.
24     (2)  No assessment shall exceed just value.
25     (3)  After any change of ownership, as provided by general
26law, homestead property shall be assessed at just value as of
27January 1 of the following year. Thereafter, the homestead shall
28be assessed as provided herein.
29     (4)  New homestead property shall be assessed at just value
30as of January 1st of the year following the establishment of the
31homestead. That assessment shall only change as provided herein.
32     (5)  Changes, additions, reductions, or improvements to
33homestead property shall be assessed as provided for by general
34law; provided, however, after the adjustment for any change,
35addition, reduction, or improvement, the property shall be
36assessed as provided herein.
37     (6)  In the event of a termination of homestead status, the
38property shall be assessed at just value as of January 1 of the
39following year as provided by general law.
40     (7)  The provisions of this amendment are severable. If any
41of the provisions of this amendment shall be held
42unconstitutional by any court of competent jurisdiction, the
43decision of such court shall not affect or impair any remaining
44provisions of this amendment.
45     (d)  The legislature may, by general law, for assessment
46purposes and subject to the provisions of this subsection, allow
47counties and municipalities to authorize by ordinance that
48historic property may be assessed solely on the basis of
49character or use. Such character or use assessment shall apply
50only to the jurisdiction adopting the ordinance. The
51requirements for eligible properties must be specified by
52general law.
53     (e)  A county may, in the manner prescribed by general law,
54provide for a reduction in the assessed value of homestead
55property to the extent of any increase in the assessed value of
56that property which results from the construction or
57reconstruction of the property for the purpose of providing
58living quarters for one or more natural or adoptive grandparents
59or parents of the owner of the property or of the owner's spouse
60if at least one of the grandparents or parents for whom the
61living quarters are provided is 62 years of age or older. Such a
62reduction may not exceed the lesser of the following:
63     (1)  The increase in assessed value resulting from
64construction or reconstruction of the property.
65     (2)  Twenty percent of the total assessed value of the
66property as improved.
67     (f)  As defined by general law, real property that is used
68to provide affordable housing and is subject to rent
69restrictions imposed by a governmental agency may be assessed as
70provided by general law, subject to conditions or limitations
71specified therein.
72     (g)  As defined by general law, land that is used
73exclusively for commercial fishing purposes or that is open to
74the public and used predominantly for commercial water-dependent
75activities or for public access to waters that are navigable may
76be assessed as provided by general law, subject to conditions or
77limitations specified therein. For purposes of this paragraph,
78the term "water-dependent activity" means any activity that can
79be conducted only on, in, over, or adjacent to waters that are
80navigable and that requires direct access to water and involves
81the use of water as an integral part of such activity.
82     SECTION 6.  Homestead exemptions.--
83     (a)  When the benefit is greater than the benefit provided
84in Section 4(c), plus the exemption they would have been
85entitled to under this section as it existed on December 31,
862007, every person who has the legal or equitable title to real
87estate and maintains thereon the permanent residence of the
88owner, or another legally or naturally dependent upon the owner,
89shall be exempt from taxation thereon, except assessments for
90special benefits, on seventy-five percent of up to the just
91assessed valuation of such property up to two hundred of five
92thousand dollars and on fifteen percent of the just valuation of
93such property above two hundred thousand dollars up to five
94hundred thousand dollars, upon establishment of right thereto in
95the manner prescribed by law. The five hundred thousand dollar
96threshold shall be adjusted each year by the percentage change
97in per capita personal income, as defined by general law, for
98the previous year, and may be increased by general law enacted
99by an affirmative vote of at least two-thirds of the membership
100of each house of the legislature. The exemption shall not be
101less than fifty thousand dollars but, for low-income seniors who
102meet the eligibility criteria under subsection (d), the
103exemption shall not be less than one hundred thousand dollars.
104The real estate may be held by legal or equitable title, by the
105entireties, jointly, in common, as a condominium, or indirectly
106by stock ownership or membership representing the owner's or
107member's proprietary interest in a corporation owning a fee or a
108leasehold initially in excess of ninety-eight years. The
109exemption shall not apply with respect to any assessment roll
110until such roll is first determined to be in compliance with the
111provisions of Section 4 by a state agency designated by general
112law. This exemption is repealed on the effective date of any
113amendment to this Article which provides for the assessment of
114homestead property at less than just value.
115     (b)  Not more than one exemption shall be allowed any
116individual or family unit or with respect to any residential
117unit. No exemption shall exceed the value of the real estate
118assessable to the owner or, in case of ownership through stock
119or membership in a corporation, the value of the proportion
120which the interest in the corporation bears to the assessed
121value of the property.
122     (c)  By general law and subject to conditions specified
123therein, the exemption shall be increased to a total of twenty-
124five thousand dollars of the assessed value of the real estate
125for each school district levy. By general law and subject to
126conditions specified therein, the exemption for all other levies
127may be increased up to an amount not exceeding ten thousand
128dollars of the assessed value of the real estate if the owner
129has attained age sixty-five or is totally and permanently
130disabled and if the owner is not entitled to the exemption
131provided in subsection (d).
132     (d)  By general law and subject to conditions specified
133therein, the exemption shall be increased to a total of the
134following amounts of assessed value of real estate for each levy
135other than those of school districts: fifteen thousand dollars
136with respect to 1980 assessments; twenty thousand dollars with
137respect to 1981 assessments; twenty-five thousand dollars with
138respect to assessments for 1982 and each year thereafter.
139However, such increase shall not apply with respect to any
140assessment roll until such roll is first determined to be in
141compliance with the provisions of section 4 by a state agency
142designated by general law. This subsection shall stand repealed
143on the effective date of any amendment to section 4 which
144provides for the assessment of homestead property at a specified
145percentage of its just value.
146     (c)(e)  By general law and subject to conditions specified
147therein, the Legislature may provide to renters, who are
148permanent residents, ad valorem tax relief on all ad valorem tax
149levies. Such ad valorem tax relief shall be in the form and
150amount established by general law.
151     (d)(f)  The legislature may, by general law, allow counties
152or municipalities, for the purpose of their respective tax
153levies and subject to the provisions of general law, to grant an
154additional homestead tax exemption not exceeding fifty thousand
155dollars to any person who has the legal or equitable title to
156real estate and maintains thereon the permanent residence of the
157owner and who has attained age sixty-five and whose household
158income, as defined by general law, does not exceed twenty
159thousand dollars. The general law must allow counties and
160municipalities to grant this additional exemption, within the
161limits prescribed in this subsection, by ordinance adopted in
162the manner prescribed by general law, and must provide for the
163periodic adjustment of the income limitation prescribed in this
164subsection for changes in the cost of living.
165     (e)(g)  Each veteran who is age 65 or older who is
166partially or totally permanently disabled shall receive a
167discount from the amount of the ad valorem tax otherwise owed on
168homestead property the veteran owns and resides in if the
169disability was combat related, the veteran was a resident of
170this state at the time of entering the military service of the
171United States, and the veteran was honorably discharged upon
172separation from military service. The discount shall be in a
173percentage equal to the percentage of the veteran's permanent,
174service-connected disability as determined by the United States
175Department of Veterans Affairs. To qualify for the discount
176granted by this subsection, an applicant must submit to the
177county property appraiser, by March 1, proof of residency at the
178time of entering military service, an official letter from the
179United States Department of Veterans Affairs stating the
180percentage of the veteran's service-connected disability and
181such evidence that reasonably identifies the disability as
182combat related, and a copy of the veteran's honorable discharge.
183If the property appraiser denies the request for a discount, the
184appraiser must notify the applicant in writing of the reasons
185for the denial, and the veteran may reapply. The Legislature
186may, by general law, waive the annual application requirement in
187subsequent years. This subsection shall take effect December 7,
1882006, is self-executing, and does not require implementing
189legislation.
190     SECTION 9.  Local taxes.--
191     (a)  Counties, school districts, and municipalities shall,
192and special districts may, be authorized by law to levy ad
193valorem taxes and may be authorized by general law to levy other
194taxes, for their respective purposes, except ad valorem taxes on
195intangible personal property and taxes prohibited by this
196constitution.
197     (b)  Ad valorem taxes, exclusive of taxes levied for the
198payment of bonds and taxes levied for periods not longer than
199two years when authorized by vote of the electors who are the
200owners of freeholds therein not wholly exempt from taxation,
201shall not be levied in excess of the following millages upon the
202assessed value of real estate and tangible personal property:
203for all county purposes, ten mills; for all municipal purposes,
204ten mills; for all school purposes, ten mills; for water
205management purposes for the northwest portion of the state lying
206west of the line between ranges two and three east, 0.05 mill;
207for water management purposes for the remaining portions of the
208state, 1.0 mill; and for all other special districts a millage
209authorized by law approved by vote of the electors who are
210owners of freeholds therein not wholly exempt from taxation. A
211county furnishing municipal services may, to the extent
212authorized by law, levy additional taxes within the limits fixed
213for municipal purposes.
214     (c)  By general law, the legislature shall limit the
215authority of counties, municipalities, and special districts to
216increase ad valorem taxes.
217
ARTICLE XII
218
SCHEDULE
219     SECTION 27.  Transitional assessments of homestead
220property; effective date.--
221     (a)  The exemption provided in Section 6(a) of Article VII
222to each person entitled to have the person's homestead assessed
223under Section 4(c) of Article VII  shall be limited to the
224exemption the person would have been entitled to under Section
2256(a)-(d) of Article VII as it existed on December 31, 2007.
226     (b)  The amendments to Sections 3, 4, 6, and 9 of Article
227VII, providing an exemption from ad valorem taxation for
228tangible personal property, revising provisions limiting an
229increase in the assessed value of homestead property, providing
230for assessing rent-restricted affordable housing and commercial
231and public-access waterfront property pursuant to general law,
232increasing the homestead exemption by providing a schedule for
233determining the exemption based on a percentage of the
234property's just value, and requiring the legislature to limit
235the authority of counties, municipalities, and special districts
236to increase ad valorem taxes, and this section, providing for
237transitional assessments of homestead property, shall take
238effect upon approval by the electors and shall operate
239retroactively to January 1, 2008.
240
241
242=== B A L L O T  S T A T E M E N T  A M E N D M E N T ===
243     On page 12, line 27,
244remove:  all of said line
245
246and insert:
247above $200,000 up to $500,000 when the benefit is greater than
248the Save-Our-Homes benefit, to subject the $500,000


CODING: Words stricken are deletions; words underlined are additions.