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201 ORDINANCE NO. -------- 2 3 An Ordinance creating Article IV of Chapter 18, and creating Section 18-27 4 of the City of South Miami Code of Ordinances, which shall provide for an 5 additional $50,000 tax exemption for City of South Miami low-income senior 6 citizens. 7 8 WHEREAS, on November 6,2012, voters approved Amendment No. 11; and 9 10 WHEREAS, pursuant to Amendment No. 11, now codified as Article VII, Section 11 6(d)(2) of the Florida Constitution and pursuant to Section 196.075, Florida Statutes, 12 respectively, the City Commission may adopt an ordinance to allow an exemption for City taxes 13 not exceeding fifty thousand dollars to any person who has the legal or equitable title to real 14 estate and maintains thereon the permanent residence of the owner and who has attained age 15 sixty-five and whose household income, as defined by general law, does not exceed twenty 16 thousand dollars or an additional homestead exemption for the amount of the assessed value of 17 the property for any person who has the legal or equitable title to real estate with a just value of 18 less than $250,000 and has maintained thereon the permanent residence of the owner for at least 19 25 years, who has attained the age of 65, and whose household income does not exceed the 20 income limitation prescribed in paragraph (1). The general law must allow counties and 21 municipalities to grant these additional exemptions, within the limits prescribed in this 22 subsection, by ordinance adopted in the manner prescribed by general law, and must provide for 23 the periodic adjustment of the income limitation prescribed in this subsection for changes in the 24 cost of living; and 25 26 WHEREAS, according to Miami-Dade County, the current periodic adjustment is now 27 $27,030 and will continue to be adjusted annually; and 28 29 WHEREAS, Article VII, Section 6( d) provides that a municipality may implement this 30 low-income senior homestead exemption for long-term residents in addition to or in place of the 31 existing additional $50,000 senior citizen homestead exemption at the option of the municipality; 32 and 33 34 WHEREAS, Section 196.075, Florida Statutes, provides that this low-income senior 35 exemption must be authorized by a majority plus one vote of the members of the governing body 36 of the municipality granting such exemption; and 37 38 WHEREAS, on May 22, 2007, the Board of County Commissioners pursuant to 39 Ordinance No. 07-70 increased the homestead exemption for certain qualifying senior citizens 40 from $25,000 to $50,000, codified at Section 29-8, Code of Miami-Dade County; and 41 42 WHEREAS, in addition to the existing additional $50,000 senior citizen homestead 43 exemption adopted pursuant to Ordinance No. 07-70, Board of County Commissioners 44 implemented the additional homestead exemption for low-income senior citizens who are long- 45 term residents in accordance with the provisions of Article VII, Section 6( d)(2), Florida 46 Constitution, and Section 196.075, Florida Statutes; and 47 Page 1 of 4 1 WHEREAS, pursuant to Section 196.011(9), Florida Statutes, a county may upon the 2 request of the Property Appraiser and by a majority vote of its governing body, waive the 3 requirement that an annual application and income statement be made for renewal of the 4 exemption provided in Section 196.075; and 5 6 WHEREAS, the Board of County Commissioners have passed and enacted ordinance 7 13-01 by a majority vote waiving the requirement that an annual application and income 8 statement be made for renewal of the exemption provided in Section 196.075 subject to a request 9 being made by the Property Appraiser and the County Commission has requested that the 10 Property Appraiser make such a request. 11 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 14 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 15 16 Section 1. Chapter 18 of the City of South Miami Code of Ordinances is hereby 17 amended to create Article IV titled "Tax Exemptions" and creating Section 18-27 to read as 18 follows in its entirety: 19 20 Section 18-27. Homestead exemption for low-income senior citizens who are long-term 21 residents. 22 (a) In accordance with Article VII, Section 6(d)(2), Florida Constitution, and Section 23 196.075, Florida Statutes, any person who meets the following criteria shall be entitled to make 24 application for an additional homestead exemption for the amount of the assessed value of the 25 property: 26 (i) has the legal or equitable title to real estate located within Miami-Dade County 27 with a just value of less than $250,000, 28 (ii) has maintained thereon the permanent residence of the owner for at least 25 years, 29 (iii) has attained the age of 65, and 30 (iv) has a household income that does not exceed the income limitations set forth in 31 state law, which is currently $27,030 and adjusted annually. 32 (b) The exemption set forth in subsection (a) above shall be in addition to and shall 33 not replace any existing senior citizen homestead exemption. 34 (c) Every person claiming the additional homestead exemption pursuant to subsection 35 (a) above must file an application therefore with the Miami-Dade County Property Appraiser no 36 later than March 1 of each year for which such exemption is claimed. Such application shall 37 include a sworn statement of household income for all members of the household and shall be 38 filed on a form prescribed by the Florida Department of Revenue. On or before June 1 of each 39 such year every applicant must file supporting documentation with the Property Appraiser. Such 40 documentation shall include copies of all federal income tax returns, wage and earning 41 statements, and such other documentation as required by the Propeliy Appraiser, including 42 documentation necessary to verify the income received by all of the members of the household 43 for the prior year. 44 (d) Failure to file the application and sworn statement by March 1 or failure to file the 45 required supporting documentation by June 1 of any given year shall constitute a waiver of the 46 additional exemption privilege for that year. Page 2 of 4 1 (e) Notwithstanding subsections (c) and (d) above, if the Property Appraiser, 2 pursuant to Section 196.011 (9), Florida Statutes, requests that Miami-Dade County Board of 3 County Commissioners waive the requirement that an annual application and income statement 4 be made for renewal of the exemption provided in Section 196.075, then after an initial 5 application for exemption has been made and the exemption is granted pursuant to section 6 196.075, subsection (c) and (d) shall not apply and the requirement that an annual renewal 7 application or Income Statement be submitted to the Property Appraiser for exemption of 8 property within the County shall be waived except in the circumstances set forth below. Timely 9 annual application together with the required Income Statement for exemption shall be required 10 whenever: 11 (i) property exempted on the assessment roll of the immediately preceding tax year is sold or 12 otherwise disposed of, 13 (ii) the ownership changes in any manner, 14 (iii) the applicant ceases to use the property as his or her homestead, or 15 (iv) the status of the owner changes so as to change the exempt status of the property, as 16 provided in section 196.011(9)(a). 17 (l) This additional exemption shall be available commencing with the 2013 tax roll and 18 shall continue with all subsequent tax rolls. The Property Appraiser may begin accepting 19 applications and sworn statements for the year 2013 tax roll as soon as the appropriate forms 20 are available from the Department of Revenue. 21 (g) Commencing January 1, 2013, and each January 1 thereafter, the annual income 22 limitation applicable to this Ordinance shall be adjusted annually as provided in state law and 23 shall be applicable as of January 1 of each year. 24 (h) The City Clerk shall file a copy of this ordinance in the appropriate books and records, 25 and within 30 days of the effective date of this Ordinance and transmit a copy to the Miami-Dade 26 County Property Appraiser. 27 28 Section 2. Codification. The provisions of this ordinance shall become and be made 29 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this 30 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word 31 "ordinance" may be changed to "section" or other appropriate word. 32 33 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 34 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 35 shall not affect the validity of the remaining portions of this ordinance. 36 37 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 38 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 39 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, 40 that give the appearance of being in conflict when the two ordinances can be harmonized or 41 when only a portion of the ordinance in conflict needs to be repealed to harmonize the 42 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby 43 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed 44 to harmonize the two ordinances shall be repealed. 45 46 Section 5. Effective Date. This ordinance shall become effective upon enactment. 47 Page 3 of 4 1 2 PASSED AND ENACTED this __ day of ,2014. 3 4 ATTEST: APPROVED: 5 6 7 8 CITY CLERK MAYOR 9 1st Reading 10 2nd Reading 11 12 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 13 LANGUAGE, LEGALITY AND Mayor Stoddard: 14 EXECUTION THEREOF Vice Mayor Harris: 15 Commissioner Edmond: 16 Commissioner Liebman: 17 Commissioner Welsh: 18 CITY ATTORNEY Page 4 of 4 2014 SE SOAPBOX Summit on parent-student link I've known Miami-Dade's Rookie Teacher of the Year Angelica Fulchini (Dedicat- ed Rookie, Neighbors, March 23) for several years. She and so many teachers in Miami-Dade deserve recog- nition for their dedication to our children. Fulchini acknowledges the importance of commu- nity relationships and pa- rent involvement. This was an integral part of my own experience growing up in South Florida. From a young age I knew that having a mom who taught in my schools meant having a pa- rent who was involved in ev- ery aspect of my daily life. My mother knew the value of education. I know my path could have been much different without her support. Parental advocacy and community organizing are How to sound off To submit your letter, e-mail sandron@MiamiHerald.com. or write Soapbox, c/o Neighbors, 35TI NW 91st Ave., Miami, FL 33172. Fax: 305-376-5287. Letters must address a specif- ic LOCAL issue, and must be signed with a name, city or neighborhood, as well as a telephone number for ver- ification purposes. Letters more than 350 words will not be accepted, and writers are limited to one letter every four weeks. Letters will run as space allows, and may be edited for length, style and clarity. The deadline for letters is noon Wednesday. some of the most powerful actions we can take for our children. On May 10, Teach For America is partnering with alumni, parents, teachers and Florida International University to host the fIrst R.O.O.T.S (Realizing Our Own True Strengths) Mia- mi, a parent and student leadership summit, at FlU's Graham Center. I hope this will be a part of the ongoing partnership and collaborative effort in our community centered on a shared vision for our chil- dren and education. For more information about the summit, please visit realizingourowntrue strengths.turnblr.com. -Kiesha Moodie, alumni affairs director, Teach For America Miami-Dade We're open early, so you aren't late. Service now open Sunday. (g) MiamiHerald.com I MIAMI HERALD CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, April 15. 2014 beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorizing the City Manager to sign a three year contract with Thomas F. Pepe, Esquire, to provide legal services as the City Attorney for the City of South Miami. An Ordinance related to a request for a zoning map amendment to the City of South Miami official zoning map, to re~zone the Agency owned property assemblage referred to as the Marshall Williamson properties, folio numbers 09-4025-000-0850; 09-4025-000-0852; and 09-4025-065~0090, from a current zoning designation of "RS~4" (Single-Family) to the "RM-18" (Low Density Multi-Family Residential) to allow for additional residential dwelling units within the Madison Square Mixed-Use Development Project. An ordinance amending City of South Miami Code of Ordinances section 2-22, term limits of board and committee members. ( An Ordinance creating Article IV of Chapter 18. and creating Section 18-27 which shall provide for) an additional $50,000 tax exemption for City of South Miami low-income senior citizens. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.01 OS, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. SOUTH MOTORS HONDA AVTH()RIZED SERVICE CENTE;=[ New Beginners Classes: (866) 475-7566 South Honda. com ~)~ ",::Ji ..•..... ' \}\", i·., "., ~\ a Marine Sdence Certter Owern.ignt 6J DillY Camp OptiOR$ avaiIaM~! " Questions? Contact Educatlon Director Emily Berglund 952·769·7636 r'" pigeonkeyed@gmaH.com April 7 Mons. & Weds. 10 to 11am April 8, Tuesday 10 to 11 :30am April 11, Friday 10 to 11:30pm-Spanish Health Recovery Classes: Tuesdays & Thrusdays 12 noon to 1:30 pm MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami. Miami-Dade County. Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared M. ZALDIVAR. who on oath says that he or she is the LEGAL CLERK. Legal Notices of the Miami Daily Business Review flk/a Miami Review. a daily (except Saturday. Sunday and Legal Holidays) newspaper. published at Miami in Miami-Dade County. Florida; that the attached copy of advertisement. being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING 4/15/2014 in the XXXX Court. was published in said newspaper in the issues of 04/04/2014 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County. Florida. each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement f publication in the said newspaper. (SEAL) M. ZALDIVAR personally known to me " ..... tI" I. THOMAS .... Id __ --:'i!;v PI.JIJ/:,-. Notary Public. State of F,Vl i F': ".".\ My Comm. Expires Nov 2. 2017 :: ". : ~j commission II FF 034747 "; ,\'t-~" Bonded TllroUOh National Notary Assn.