Res No 112-23-16045RESOLUTION NO. 112-23-16045
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO ADOPT LEGISLATION
ALLOWING HOMEOWNERS TO RENT THEIR
HOMESTEAD PROPERTY OR PORTIONS THEREOF
WITHOUT ABANDONING THEIR HOMESTEAD
EXEMPTION; PROVIDING FOR TRANSMITTAL;
CORRECTIONS; AND AN EFFECTIVE DATE.
WHEREAS, Article VII, Section 6, Florida Constitution, and Section 196.031, Florida
Statutes, provide a right to the homestead exemption which allows Florida homeowners to reduce
their property tax liability by claiming a homestead exemption of up to $50,000 on their permanent
residence; and
WHEREAS, Section 196.061 of the Florida Statutes, provides that the rental of all or
substantially all of a homestead property constitutes abandonment if the property is rented for more
than 30 days for two consecutive calendar years; and
WHEREAS, prior to the adoption of Section 196.061, Florida Statutes in 1959, the rental
of homestead property was only one factor to be considered in determining whether the homestead
had been abandoned; and
WHEREAS, the City of South Miami (the "City") Commission finds that abandonment
of the homestead exemption as a result of the rental of homestead property detrimentally affects
homeowners who could benefit from renting their homes or portions of their homes; and
WHEREAS, the City Commission further finds that homestead protections keep residents
in their homes as it provides a clear benefit to maintaining ownership which slows down the market
for non-resident investor speculators; and
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Res. No. 112-23-16045
WHEREAS, the City Commission desires to urge the Florida Legislature to adopt
legislation allowing homeowners to rent the homestead property, or portions thereof, while still
residing on the property, and still qualify for the homestead exemption; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Urging the Florida Legislature. The City Commission hereby urges the
Florida Legislature to adopt legislation allowing homeowners to rent their homestead property or
portions thereof, while still residing on the property, without losing the homestead exemption.
Section 3. Transmittal. The City Clerk is directed to transmit a copy of this
Resolution to the Miami-Dade County State Legislative Delegation and the Miami-Dade County
League of Cities.
Section 4. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 5th day of September, 2023.
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Re s. No. I 12-23 -1 6045
ATTE ST:
READ AND A PPROVED AS TO FORM ,
LANGUAGE , LEGA LITY AN D
EXECU T ION THEREOF
OL-
WEISS SE ROT A HELFMAN CO LE
& BIERMAN , P.L.
C ITY ATTORNEY
APPROV ED :
COMM ISSION VO TE:
Mayo r Ferna nd ez:
Vice Mayor Bo nich:
Co mmi ss ioner Ca lle:
Co mmi ss ioner Li eb man:
Co mmi ss ioner Co re y:
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5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:6.
City Commission Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Tony Recio
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO ADOPT LEGISLATION ALLOWING HOMEOWNERS TO RENT THEIR
HOMESTEAD PROPERTY OR PORTIONS THEREOF WITHOUT ABANDONING THEIR HOMESTEAD
EXEMPTION; PROVIDING FOR TRANSMITTAL; CORRECTIONS; AND AN EFFECTIVE DATE. 3/5
(COMMISSIONER LIEBMAN)
Suggested Action:
Attachments:
Memo - Resolution - Urging FL Legislature to Modify Homestead Exemption Law
4764795-Resolution Urging FL Legislature to Allow Homeonwers to Rent Pro[perty CAv2.DOCX
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE: September 5, 2023 City Commission Meeting
SUBJECT:A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO ADOPT LEGISLATION
ALLOWING HOMEOWNERS TO RENT THEIR HOMESTEAD PROPERTY OR
PORTIONS THEREOF WITHOUT ABANDONING THEIR HOMESTEAD EXEMPTION
(COMMISSIONER LIEBMAN)
The accompanying Resolution was prepared and placed on the agenda at the request of
Commissioner Liebman.
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THE CITY OF PLEASANT LIVING