HomeMy WebLinkAboutDraft LegislationDRAFT RESOLUTION
..Title
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA LEGISLATURE
TO PASS A JOINT RESOLUTION THAT WOULD PLACE A PROPOSED AMENDMENT TO
THE FLORIDA CONSTITUTION ON A STATEWIDE BALLOT THAT WOULD PERMIT
SCHOOL DISTRICTS TO ADOPT LEGISLATION TO ALLOW FOR ADDITIONAL
HOMESTEAD EXEMPTIONS; THAT THE STATE OF FLORIDA REPLACE ANY LOST
REVENUE RESULTING FROM THE SAME; MAKING THIS A STATE LEGISLATIVE
PRIORITY FOR THE CITY OF MIAMI DURING THE 2015 LEGISLATIVE SESSION; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
DESIGNATED OFFICIALS STATED HEREIN.
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WHEREAS, in accordance with Article VII, s. 6(d), Florida Constitution, and Florida
Statute s. 196.075, the board of county commissioners of any county or the governing authority
of any municipality may adopt an ordinance to allow two additional homestead exemptions for
persons 65 years of age or older; and
WHEREAS, the first is an exemption not exceeding $50,000 to any person who has
legal or equitable title to real estate in Florida, maintains their permanent residence on the
property, is 65 years of age or older, and whose household income does not exceed the
household income limitation; and
WHEREAS, the second is an exemption equal to the assessed value of the property to
an owner who has legal or equitable title to real estate in Florida with a just value of Tess than
$250,000, has maintained their permanent residence on the property for the last 25 years, is 65
years of age or older, and whose household income does not exceed the household income
limitation; and
WHEREAS, the City of Miami ("City") has adopted ordinances that allow for the
additional homestead exemptions; and
WHEREAS, these exemptions only apply to the tax millage a county or city levies when
it adopts a local ordinance, and do not apply to the millage of school districts; and
WHEREAS, a majority of the tax contribution made by low income seniors, who have
applied for and received the benefit of the additional homestead exemptions, goes to the school
district; and
WHEREAS, these seniors are being unduly burdened with supporting a school system
that provides no direct benefit to them; and
WHEREAS, the State of Florida ("State") is looking to cut taxes in part as a result of a
nearly $1 billion budget surplus; and
WHEREAS, the State should look at this select group of seniors to include within any tax
cuts by allowing school districts to similarly adopt legislation to allow for the additional
homestead exemptions; and
WHEREAS, the State should replace any lost revenue resulting from school districts
adopting legislation to allow for the additional homestead exemptions so that all school districts
remain fully funded; and
WHEREAS, allowing school districts to adopt legislation to allow for the additional
homestead exemptions requires an amendment to the Florida Constitution, which may
commence with the passage of a Joint Resolution by the Florida Legislature so that the
proposed amendment may appear on a statewide ballot for voter approval or rejection;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Commission urges the Florida Legislature to pass a Joint Resolution
that would place a proposed amendment to the Florida Constitution on a statewide ballot that
would permit school districts to adopt legislation to allow for the additional homestead
exemptions and that the State of Florida replace any lost revenue resulting from the same.
Section 3. This Resolution shall be included in the City's state legislative priorities for the
2015 Legislative Session.
Section 4. The City Clerk is directed to transmit a copy of this Resolution to Governor
Rick Scott and members of the Florida Legislature.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {1 }
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
..Footnote
{1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission