| 1 | Representative(s) Vana offered the following: |
| 2 |
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| 3 | Amendment to Amendment (749169) (with schedule, ballot, and |
| 4 | title amendments) |
| 5 | Remove lines 236 to 357, insert: |
| 6 | (j) Pursuant to general law, the legislature shall hold |
| 7 | education harmless from any reductions in ad valorem tax |
| 8 | revenues resulting from implementation of the amendments to this |
| 9 | section. |
| 10 | SECTION 6. Homestead exemptions.-- |
| 11 | (a) Every person who has the legal or equitable title to |
| 12 | real estate and maintains thereon the permanent residence of the |
| 13 | owner, or another legally or naturally dependent upon the owner, |
| 14 | shall be exempt from taxation thereon, except assessments for |
| 15 | special benefits, up to the assessed valuation of twenty-five |
| 16 | five thousand dollars, upon establishment of right thereto in |
| 17 | the manner prescribed by law. The real estate may be held by |
| 18 | legal or equitable title, by the entireties, jointly, in common, |
| 19 | as a condominium, or indirectly by stock ownership or membership |
| 20 | representing the owner's or member's proprietary interest in a |
| 21 | corporation owning a fee or a leasehold initially in excess of |
| 22 | ninety-eight years. The exemption shall not apply with respect |
| 23 | to any assessment roll until such roll is first determined to be |
| 24 | in compliance with the provisions of section 4 by a state agency |
| 25 | designated by general law. This exemption is repealed on the |
| 26 | effective date of any amendment to this Article which provides |
| 27 | for the assessment of homestead property at less than just |
| 28 | value. |
| 29 | (b) Not more than one exemption shall be allowed any |
| 30 | individual or family unit or with respect to any residential |
| 31 | unit. No exemption shall exceed the value of the real estate |
| 32 | assessable to the owner or, in case of ownership through stock |
| 33 | or membership in a corporation, the value of the proportion |
| 34 | which the interest in the corporation bears to the assessed |
| 35 | value of the property. |
| 36 | (c) By general law and subject to conditions specified |
| 37 | therein, each person who is entitled to receive the homestead |
| 38 | exemption provided in subsection (a) and who does not receive |
| 39 | the exemption provided in subsection (d) is also entitled to an |
| 40 | additional homestead exemption in an amount equal to forty |
| 41 | percent of the median just value of homesteads in the county in |
| 42 | which the homestead is located for the prior year. The |
| 43 | additional exemption shall apply after the first fifty thousand |
| 44 | dollars of just value of the homestead property. However, in any |
| 45 | year, such person shall receive only the larger of the exemption |
| 46 | provided in this subsection or the application of the cumulative |
| 47 | assessment limitation calculated pursuant to subsection (c) of |
| 48 | Section 4. The exemption provided under this subsection shall |
| 49 | apply to all levies other than school district levies the |
| 50 | exemption shall be increased to a total of twenty-five thousand |
| 51 | dollars of the assessed value of the real estate for each school |
| 52 | district levy. By general law and subject to conditions |
| 53 | specified therein, the exemption for all other levies may be |
| 54 | increased up to an amount not exceeding ten thousand dollars of |
| 55 | the assessed value of the real estate if the owner has attained |
| 56 | age sixty-five or is totally and permanently disabled and if the |
| 57 | owner is not entitled to the exemption provided in subsection |
| 58 | (d). |
| 59 | (d) By general law and subject to conditions specified |
| 60 | therein, any person who is entitled to receive the homestead |
| 61 | exemption provided in subsection (a), who has attained age |
| 62 | sixty-five, and whose household income, as defined by general |
| 63 | law, does not exceed $23,604 is also entitled to an additional |
| 64 | exemption in an amount equal to one hundred percent of the |
| 65 | median just value of homesteads in the county in which the |
| 66 | homestead is located for the prior year. However, in any year, |
| 67 | such person shall receive only the larger of the exemption |
| 68 | provided in this subsection or the application of the cumulative |
| 69 | assessment limitation calculated pursuant to subsection (c) of |
| 70 | Section 4. The legislature shall provide for an annual |
| 71 | adjustment of the income limitation prescribed in this |
| 72 | subsection for changes in the cost of living and may provide |
| 73 | additional financial eligibility requirements or other |
| 74 | eligibility requirements. The exemption provided under this |
| 75 | subsection shall apply to all levies other than school district |
| 76 | levies the exemption shall be increased to a total of the |
| 77 | following amounts of assessed value of real estate for each levy |
| 78 | other than those of school districts: fifteen thousand dollars |
| 79 | with respect to 1980 assessments; twenty thousand dollars with |
| 80 | respect to 1981 assessments; twenty-five thousand dollars with |
| 81 | respect to assessments for 1982 and each year thereafter. |
| 82 | However, such increase shall not apply with respect to any |
| 83 | assessment roll until such roll is first determined to be in |
| 84 | compliance with the provisions of section 4 by a state agency |
| 85 | designated by general law. This subsection shall stand repealed |
| 86 | on the effective date of any amendment to section 4 which |
| 87 | provides for the assessment of homestead property at a specified |
| 88 | percentage of its just value. |
| 89 | (e) By general law and subject to conditions specified |
| 90 | therein, the Legislature may provide to renters, who are |
| 91 | permanent residents, ad valorem tax relief on all ad valorem tax |
| 92 | levies. Such ad valorem tax relief shall be in the form and |
| 93 | amount established by general law. |
| 94 | (f) The legislature may, by general law, allow counties or |
| 95 | municipalities, for the purpose of their respective tax levies |
| 96 | and subject to the provisions of general law, to grant an |
| 97 | additional homestead tax exemption not exceeding fifty thousand |
| 98 | dollars to any person who has the legal or equitable title to |
| 99 | real estate and maintains thereon the permanent residence of the |
| 100 | owner and who has attained age sixty-five and whose household |
| 101 | income, as defined by general law, does not exceed twenty |
| 102 | thousand dollars. The general law must allow counties and |
| 103 | municipalities to grant this additional exemption, within the |
| 104 | limits prescribed in this subsection, by ordinance adopted in |
| 105 | the manner prescribed by general law, and must provide for the |
| 106 | periodic adjustment of the income limitation prescribed in this |
| 107 | subsection for changes in the cost of living. |
| 108 | (g) Each veteran who is age 65 or older who is partially |
| 109 | or totally permanently disabled shall receive a discount from |
| 110 | the amount of the ad valorem tax otherwise owed on homestead |
| 111 | property the veteran owns and resides in if the disability was |
| 112 | combat related, the veteran was a resident of this state at the |
| 113 | time of entering the military service of the United States, and |
| 114 | the veteran was honorably discharged upon separation from |
| 115 | military service. The discount shall be in a percentage equal to |
| 116 | the percentage of the veteran's permanent, service-connected |
| 117 | disability as determined by the United States Department of |
| 118 | Veterans Affairs. To qualify for the discount granted by this |
| 119 | subsection, an applicant must submit to the county property |
| 120 | appraiser, by March 1, proof of residency at the time of |
| 121 | entering military service, an official letter from the United |
| 122 | States Department of Veterans Affairs stating the percentage of |
| 123 | the veteran's service-connected disability and such evidence |
| 124 | that reasonably identifies the disability as combat related, and |
| 125 | a copy of the veteran's honorable discharge. If the property |
| 126 | appraiser denies the request for a discount, the appraiser must |
| 127 | notify the applicant in writing of the reasons for the denial, |
| 128 | and the veteran may reapply. The Legislature may, by general |
| 129 | law, waive the annual application requirement in subsequent |
| 130 | years. This subsection shall take effect December 7, 2006, is |
| 131 | self-executing, and does not require implementing legislation. |
| 132 | (h) Pursuant to general law, the legislature shall hold |
| 133 | education harmless from any reductions in ad valorem tax |
| 134 | revenues resulting from implementation of the amendments to this |
| 135 | section. |
| 136 |
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| 137 | ----------------------------------------------------- |
| 138 | S C H E D U L E A M E N D M E N T |
| 139 | Remove line(s) 495 and insert: |
| 140 | public-access waterfront property pursuant to general law, |
| 141 | requiring the legislature to hold education harmless from ad |
| 142 | valorem tax reductions resulting from proposed changes, and |
| 143 |
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| 144 | ----------------------------------------------------- |
| 145 | B A L L O T A M E N D M E N T |
| 146 | Remove line(s) 527-581 and insert: |
| 147 | tangible personal property, (7) provides for limitations on |
| 148 | assessment increases for real property that is not homestead |
| 149 | property, and (8) requires the Legislature to hold education |
| 150 | harmless from reductions in ad valorem tax revenues. Further, |
| 151 | this revision (9) requires the Legislature to limit the |
| 152 | authority of local governments other than school districts to |
| 153 | increase property taxes, and (10) requires all county property |
| 154 | appraisers or persons responsible for the duties of a property |
| 155 | appraiser in certain counties in which the office of property |
| 156 | appraiser has been abolished to be elected. |
| 157 | In more detail, this revision: |
| 158 | (1) Provides for an additional homestead exemption equal |
| 159 | to 40 percent of the median just value of homestead property in |
| 160 | the county for the prior year for the portion of the assessed |
| 161 | value greater than $50,000. This exemption applies in any year |
| 162 | in which the amount of the exemption exceeds the amount of the |
| 163 | cumulative assessment limitation provided under Save Our Homes. |
| 164 | This exemption does not apply to school district levies. |
| 165 | (2) Provides for an additional homestead exemption for |
| 166 | certain low-income seniors. Persons 65 or older whose household |
| 167 | income is less than $23,604, adjusted annually for inflation, |
| 168 | are entitled to an additional alternative homestead exemption. |
| 169 | This exemption applies in any year in which the amount of the |
| 170 | exemption exceeds the amount of the cumulative assessment |
| 171 | limitation provided under Save Our Homes. This exemption does |
| 172 | not apply to school district levies. |
| 173 | (3) Provides for the transfer of cumulative Save-Our-Homes |
| 174 | benefits in a manner that does not affect school district |
| 175 | levies. Homestead property owners will be able to transfer their |
| 176 | Save-Our-Homes benefit to a new homestead within 2 years after |
| 177 | relinquishing their previous homestead; except, if the new |
| 178 | homestead is established on January 1, 2008, the previous |
| 179 | homestead must have been relinquished in 2007. If the new |
| 180 | homestead has a higher just value than the old one, the benefit |
| 181 | can be transferred; if the new homestead has a lower just value, |
| 182 | the amount of benefit transferred will be reduced in proportion |
| 183 | of the just value of the new homestead to the just value of the |
| 184 | old homestead. The transferred benefit may not exceed $1 |
| 185 | million. This provision does not apply to school district levies |
| 186 | on the new homestead. |
| 187 | (4) Provides for assessing certain rent-restricted |
| 188 | affordable housing property as provided by general law. This |
| 189 | provision does not apply to school district levies. |
| 190 | (5) Provides for assessing certain waterfront property |
| 191 | used for commercial fishing, commercial water-dependent |
| 192 | activities, and public access as provided by general law. This |
| 193 | provision does not apply to school district levies. |
| 194 | (6) Authorizes an exemption from ad valorem taxes of |
| 195 | $25,000 of assessed value of tangible personal property. This |
| 196 | provision applies to all tax levies. |
| 197 | (7) Creates a limitation on assessment increases for |
| 198 | specified real property that is not entitled to the homestead |
| 199 | exemption. |
| 200 | (8) Requires the Legislature to hold education harmless |
| 201 | from any reductions in ad valorem tax revenues resulting from |
| 202 | proposed changes. |
| 203 | (9) Requires the Legislature to limit the authority of |
| 204 | counties, municipalities, and special districts to increase ad |
| 205 | valorem taxes. |
| 206 | (10) Requires each county to elect a property appraiser or |
| 207 | ----------------------------------------------------- |
| 208 | T I T L E A M E N D M E N T |
| 209 | Remove line(s) 623 and 624 and insert: |
| 210 | Legislature to limit county, municipality, and special district |
| 211 | authority to increase ad valorem taxes, to require the |
| 212 | Legislature to hold education harmless from any loss of ad |
| 213 | valorem tax revenues, to |