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City o 1g Miami
City Hall
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Legislation
Miami, FL 33133
www.miamigov,com
Resolution
File Number: 16-00697
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION IN SUPPORT OF HOUSE
JOINT RESOLUTION 275, WHICH PLACES ON THE NOVEMBER 8, 2016,
STATEWIDE GENERAL ELECTION BALLOT, A PROPOSED AMENDMENT TO
SECTION 6 OF ARTICLE VII AND THE CREATION Of A NEW SECTION IN
ARTICLE XII OF THE STATE CONSTITUTION TO REVISE THE HOMESTEAD TAX
EXEMPTION THAT MAY BE GRANTED BY COUNTIES OR MUNICIPALITIES, IF
AUTHORIZED BY GENERAL LAW, FOR THE ASSESSED VALUE OF PROPERTY
WITH A JUST VALUE LESS THAN $250,000.00 AND OWNED BY PERSONS
SIXTY-FIVE (65) OR OLDER WHO MEET CERTAIN RESIDENCE AND INCOME
REQUIREMENTS TO SPECIFY THAT JUST VALUE SHALL BE DETERMINED IN
THE FIRST TAX YEAR THAT THE OWNER APPLIES AND IS ELIGIBLE FOR THE
EXEMPTION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO GOVERNOR RICK SCOTT, SENATE PRESIDENT ANDY
GARDINER, HOUSE SPEAKER STEVE CRISAFULLI AND JOINT RESOLUTION
SPONSORS SENATOR ANITERE FLORES AND REPRESENTATIVE BRYAN AVILA,
AS STATED HEREIN.
WHEREAS, Article VII, Section 6(d), of the Florida Constitution provides that counties and
municipalities may, subject to the provisions set forth in Section 196.075(2)(b) of the Florida Statutes,
adopt an ordinance to allow for the grant of an additional homestead exemption equal to the assessed
value of the property to a person who has legal or equitable title to real estate in Florida with a just
value of less than $250,000.00, has maintained their permanent residence on the property for the last
twenty-five (25) years, is sixty-five (65) years of age or older, and whose household income does not
exceed a household income limitation; and
WHEREAS, the City of Miami ("City") adopted Ordinance No. 13361. on February 28, 2013,
which codified in Chapter 56, Article IV of the Code of the City of Miami, Florida, as amended ("City
Code"), the grant of the additional homestead exemption; and
WHEREAS, the constitutional and statutory provisions, as currently written, provide that an
owner will no longer qualify for the additional homestead exemption if the property's just value rises
above $250,000.00, which usually occurs because of changes in market conditions or because of
additions or improvements made to the property; and
WHEREAS, the loss of the additional homestead exemption likely results in a severe hardship
for many low-income seniors not only within the City, but throughout the State, who are reliant upon
the money saved as a result of the exemption for everyday necessities; and
WHEREAS, House Joint Resolution 275 was filed in the Florida House of Representatives
during the 2016 Legislative Session by Representative Bryan Avila (R -Hialeah), with its Companion
Bili, Senate Joint Resolution 492, filed in the Florida Senate by Senator Anitere Flores (R -Miami); and
WHEREAS, the Joint Resolutions proposed an amendment to the Florida Constitution to limit
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File Number. 16-00697
the just value determination, for purposes of the additional homestead exemption, to the value as
determined in the first tax year that the owner applies for and is eligible for the exemption, thereby
allowing low-income seniors to maintain the additional homestead exemption in the face of rapidly
appreciating and/or volatile real estate markets; and
WHEREAS, House Joint Resolution 275 passed in the Florida House of Representatives on
February 11, 2016, and subsequently passed the Florida Senate on May 9, 2016, and as such, the
following statement shall be placed on the November 8, 2016, statewide General Election ballot for the
approval or rejection by the electors of the State of Florida:
CONSTITUTIONAL AMENDMENT
ARTICLE VII, SECTION 6
ARTICLE XII
HOMESTEAD TAX EXEMPTION FOR CERTAIN SENIOR,
LOW-INCOME, LONG-TERM RESIDENTS; DETERMINATION OF JUST
VALUE. - Proposing an amendment to the State Constitution to revise the
homestead tax exemption that may be granted by counties or municipalities for
property with just value less than $250,000 owned by certain senior, low-income,
long-term residents to specify that just value is determined in the first tax year
the owner applies and is eligible for the exemption. The amendment takes effect
January 1, 2017, and applies retroactively to exemptions granted before January
1, 2017.
; and
WHEREAS, following the statewide General Election ballot and, if approved by the electors of the
State of Florida, Commissioner Francis Suarez intends to propose an ordinance to codify in the Code
the aforementioned amendment;
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 an incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission ("Commission") urges voters to endorse, support and
vote affirmatively to approve the proposed amendment to the Florida Constitution, which will be placed
on the November 8, 2016, statewide General Election ballot, that would limit the just value
determination, for purposes of the additional homestead exemption, to the value as determined in the
first tax year that the owner applies for and is eligible for the exemption.
Section 3. Legislation shall be brought before the Commission to amend the City Code in
order to implement the proposed constitutional changes should the changes be approved by the
electors of the State of Florida.
Section 3. The City Clerk is directed to transmit a copy of this Resolution to Governor Rick
Scott, Senate President Andy Gardiner, House Speaker Steve Crisafulli, and Joint Resolution
sponsors Senator Anitere Flores and Representative Bryan Avila, with the City's authorization that this
Resolution may be utilized in any and all efforts, public and private, to secure approval of the proposed
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amendment to the Florida Constitution on the November 8, 2016, statewide General Election ballot.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1 }
APP OVED AS TO FORM AND CORRECTNESS:
Vf CTORIA 7—Ti 2
CITY ATTORNEY
Footnotes:
{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,
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