05-15-07 Item 21To:
Via:
From:
Date:
Subject:
South Miami
Oftedca CRY
CITY OF SOUTH MIAMI 111111
INTER - OFFICE MEMORANDUM
2001
The Honorable Mayor Feliu and Members of the City Commission
Yvonne S. McKinley, City Manager °
Eliza Rassi
Finance Director
A ril 27 2007 Agenda Item No.:
p 9
Ordinance to increase the Senior Citizen Exemption from $25,000.00 to $50,000.00 as
amended on November 7, 2006 by State voters. This tax benefit is a local option, which
requires the County and each City to adopt on ordinance under Chapter 125 or 166,
Florida Statutes, and as signed .into law by Governor Christ, (1113 333), on April 09, 2007,
and where all ordinances implemented must be delivered to the Property Appraisers office
by June 1, 2007
Ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE AD VALOREM TAXATION;
AMENDING CHAPTER 18 RELATING TO TAXATION TO AMEND THE SENIOR
CITIZEN EXEMPTION, AD VALOREM TAX BREAK TO PROVIDE QUALIFIED
INDIVIDUALS OVER THE AGE OF 65, WITH AN ANNUAL INCOME UNDER
$20,000 AND HOMESTEAD RESIDENCE
$50,000. AD VALOREM TAX BREAK (P
PROVIDING FOR SEVERALBILITY, O
EFFECTIVE DATE.
WITHIN THE CITY LIMITS WITH A
RIOR EXEMPTION WAS FOR $25,000);
RDINANCES IN CONFLICT, AND AN
Cost: The Miami Dade County Property Appraiser's Office advised us that the City
currently has 183 properties with the Senior Exemption. The cost of the current
$25,000.00 Senior Exemption reduces Ad Valorem by $26,906.00 therefore upon
doubling the exemption to $50,000.00 the reduction of Ad Valorem dollars would
equate to $53,812.00 using the current Millage rate of 5.881 per $,1000.00 of
taxable value
Backup Documentation:
❑ Proposed Ordinance
❑ Miami -Dade Department of Property Appraisal Letter Dated April 10, 2007.
1 ORDINANCE NO.:
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AD
5 VALOREM TAXATION; AMENDING CHAPETR 18 RELATING TO
6 TAXATION TO AMEND THE SENIOR CITIZEN EXEMPTION, AD
7 VALOREM TAX BREAK TO PROVIDE QUALIFIED INDIVIDUALS
8 OVER THE AGE OF 65, WITH AN ANNUAL INCOME UNDER
9 $20,000 AND HOMESTEAD RESIDENCE WITHIN CITY LIMITS
10 WITH A $50,000 AD VALOREM TAX BREAK (PRIOR EXEMPTION
11 WAS FOR $25,000); PROVIDING FOR SEVERABILITY,
12 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
13
14 WHEREAS, the Mayor and City Commission of the City of South Miami
15 pursuant to Article IV, Section 3(A) of the City Charter have the right to levy, assess and
16 collect all taxes and fees permitted by law, including without limitation, ad valorem
17 taxes; and,
18
is WHEREAS, the City, pursuant to Article VII of the Florida Constitution, at
2 section. 6(f), may authorize an ad valorem tax break to qualified individuals over the age
21 of 65, provided those individuals can document legal or equitable title to homestead
2 property within the City;
2
2Z WHEREAS, in 2000 the City passed legislation for residents that qualify for a
21 state created ad valorem tax break for those residents that were able to demonstrate a
2 household income, which did not exceed $20,000.00, could apply for an additional
2' homestead exemption of $25,000.00. This additional homestead exemption, was made
2$ applicable to all ad valorem tax millage rates levied by the City.
3 WHEREAS, the Florida Constitution was amended on November 7, 2006, by
31 State voters to increase the Senior Citizen Exemption up to $50,000; and
3
3 WHEREAS, this property tax - benefit is a local option, which requires the City to
3J adopt an ordinance under Chapter 166, Florida Statutes, in order for this exemption to
31 apply to taxes levied within the jurisdictional limits of the City; and,
3
3 WHEREAS, House Bill 333 signed into law by Governor Crist on April 9, 2007,
3 requires that all ordinances implementing this exemption for a jurisdiction must be
3 delivered to the Property Appraiser by June 1, 2007, for it to be effective for the 2007 tax
4 year; and,
4
Additions shown by underlining and deletions shown by ever-94ik-iag.
1 WHEREAS, the Mayor and City Commission desire to assist those residents that
2 qualify for the ad valorem tax break under Article VII of the Florida Constitution by
3 adopting the foregoing ordinance recognizing the tax exemption.
4
5 BE IT ENACTED BY THE MAYOR AND CITY COMMISSION OF THE
6 CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
7
8 Section 1. Ordinance number 19 -00 -1721, of the City of South Miami is
9 amended and shall be codified to read as follows:
10
11 Chapter, 18
12
13 TAXATION
14
14 18 -11 Additional exemption for persons 65 years of age or older.
1
1 In accordance with section 6(f), Article VII of the Florida Constitution and § 196.075,
1 Florida Statutes, any person 65 years of age or over who has legal or equitable title to real
1 c. estate located within the City of South Miami, Miami -Dade County, Florida, and
2 maintains thereon his/her permanent residence, which residence qualifies for and receives
21 homestead exemption pursuant to section 6(a), Article VII of the Florida Constitution,
2 and whose household income does not exceed $20,000.00 shall be entitled to make
2 application for an additional homestead exemption of $50,000.00 $25,000.00. This
2 additional homestead exemption, if granted, shall be applicable to all ad valorem tax
2 millage rates levied by the City.
27 18 -12 Application required.
2 cl Every person claiming the additional homestead exemption pursuant to this chapter must
R file an application therefore with the Miami -Dade County Property Appraiser no later
31 than March 1 of each year for which such exemption is claimed. Such application shall
3 include a sworn statement of household income for all members of the household and
3 shall be filed on a form prescribed by the Florida Department of Revenue. On or before
3z June 1 of each year every applicant must file supporting documentation with the property
3 appraiser. The necessary documentation to be filed . with the Florida Department of
3q Revenue shall include copies of all federal income tax returns, wage and earning
37 statements, and such other documentation as required by the property appraiser, including
3 documentation necessary to verify the income received by all of the members of the
31 household for the prior year.
41 18 -13 Failure to file application.
Additions shown by underlinins and deletions shown by evefstf4dng.
1�
1
1:
l;
1�
1.
1�
1
1
l
2
2
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Failure to file the application and sworn statement by March 1 or failure to file the
required supporting documentation by June 1 of any given year shall constitute a waiver
of the additional exemption privilege for that year.
18 -14 Commencement for additional exemption availability.
This additional exemption shall be available commencing with the year 20007 tax roll,
and the property appraiser may begin accepting applications and sworn statements for the
year 20007 tax roll as soon as the appropriate forms are available from the Florida
Department of Revenue.
18 -15 Annual income limitation to be adjusted 'annually.
Commencing January 1, 20007, and each January 1 thereafter, the $20,000.00 annual
income limitation in this article shall be adjusted annually and applicable as of January 1
of that year. The annual income limitation shall be adjusted by the percentage of change
in the average cost -of- living index for the immediately preceding calendar year compared
with the average cost -of- living index for the calendar year immediately prior to that year.
As used herein "index" shall be the average of the monthly consumer -price index figures
for the stated period, for the United States as a whole, issued by the United States
Department of Labor.
Section 2. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 3. This ordinance shall be codified and included in the Code of
Ordinances.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ENACTED this [ ] day of
PASSED AND ADOPTED this
ATTEST:
day. of
2007.
Additions shown by underlining and deletions shown by ever-str4king.
2007.
1
2
3
4
5
6
7
8
9
10
11
12
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
MAYOR
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Beckman:
Commissioner Palmer:
Additions shown by underlining and deletions shown by ever�ritc ng.
MIAMI -DADE COUNTY
MIAM DEPARTMENT OF PROPERTY APPRAISAL
2' 1I> nB Dx&� engZs ADMINISTRATIVE DIVISION
April 10, 2007 RECEIVED
APR 12 2MT
FINANCE DEPT.
RE: Limited Income Senior Citizen Exemption Ordinances for 2007
To Whom It May Concern:
The Florida Constitution was amended on November 7, 2006, by State voters to increase the
Senior Citizen Exemption up to $50,000. This property tax - benefit is a local option, which
requires the County and each City to adopt an ordinance under Chapter 125 or 166, Florida
Statutes, in order for this exemption to apply to taxes levied in your jurisdiction. House Bill 333 ,
signed into law by Governor Crist on April 9, 2007, requires that all ordinances implementing
this exemption for a jurisdiction must be delivered to the Property Appraiser by June 1, 2007, for
it to be effective for the 2007 tax year. This June 1 deadline only applies to the 2007 tax year.
Senior ordinances adopted in subsequent tax years must be delivered to the Property Appraiser
by December 1 "of the year prior to the year the exemption will take effect [Ref. 196.075 (6)].
- To ensure that ordinances passing the Senior Citizen Exemption are properly delivered, please
forward a copy by June 1, 2007 to: r
Miami -Dade County-Property Appraisal Department
ATTN: Debbie Hynes
111 NW First Street, Suite 710
Miami, FL 33128 -1984
If you have any questions regarding this matter, please call Debbie Hynes at 305 - 375-4004.
Sincerely,
"Marcus Saiz de la Mora
Acting Property Appraiser
Miami -Dade County
d
111 NW 19T STREET, SUITE 710 MIAMI, FLORIDA 33128
PHONE: (305) 375 -4382 • FAX: (305) 375 -3024
WEE SITE: /PA
MIAM
'�S POSTS
De�rtFea^i ticelle�ic� r✓y e�� 2�a�1+ .9 �
Property Appraisal
4
111 NW 1st Street • Suite 710 02 1A
Miami Florida 3:3128 -1984 0004633351
7002 0860 0001 5263 6257
MAILED FROM ZIP
City of South Miami
Attn: Eliza Rassi
6130 Sunset Drive
South Miami Fl 33143
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
'ATE OF FLORIDA
IUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
D.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
aeview f /Wa 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,
oeing a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 5/15/07 - ORD. AMENDING SEC 8A ETC..
in the XXXX Court,
was published in said newspaper in the issues of
05/04/2007
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 th' advertis t for publication in the said
newspaper
`i- j'L, --1 ,LQi
Sworn to and subscribed before me this
04 day of MAY , A.D. 2007
efzaz 4.
(SEAL)
O.V. FERBEYRE personally known to me
mp Cheryl H Manner
• My Commission D0338559
ar oo bxprr" uuty 18.2008
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct Public Hearings at Its regular City
Commission meeting scheduled for Tuesday. May 15, 2007 beginning at
7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to
consider the following items:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING SECTION. 8A OF THE CITY'S CODE OF
ORDINANCES ENTITLED'CODE OF ETHICS' TO INCLUDE A
NEW SECTION 8A -2, WHICH SECTION SHALL BE ENTITLED:
"CODE OF CONDUCT FOR ALL PUBLIC OFFICIALS';
PROVIDING FOR SEVERABILITY, .ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. -
AN ORDINANCE*OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
SECTION 20- 4.4(A)(2) ENTITLED 'OFF-STREET PARKING
REQUIREMENTS' OF THE SOUTH MIAMI LAND
DEVELOPMENT CODE IN ORDER TO ELIMINATE THE PRO-
VISIONS ALLOWING FOR THE ADMINISTRATIVE CREDIT-
ING OF ON-STREET PARKING SPACES AS REQUIRED
PARKING SPACES FOR PRIVATE DEVELOPMENT; PROVID-
ING FOR SEVERABILTTY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SEC-
TION 20- 8.8(D) ENTITLED 'GARAGES IN MU-5 - .OF.THE
SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO
CLARIFY PROVISIONS RELATED TO THE LOCATION OF
PARKING GARAGES IN DEVELOPMENT PROJECTS; PRO-
VIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF T'HE MAYOR AND CITY COMMISSION'
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE LAND DEVELOPMENT CODE; AMENDING REGULA-
TIONS PERTAINING TO BONUSES AND PARKING REDUC-
TIONS IN THE TRANSIT ORIENTED DEVELOPMENT DIS-
TRICT AND IN THE HOMETOWN OVERLAY ZONE IN ORDER
TO REQUIRE APPROVAL BY A FOURIFIFTHS VOTE OF THE
CITY COMMISSION AND SUSPENDING CERTAIN PROVI-
SIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED
PARKING SPACES, FOR A PERIOD OF NINE MONTHS,
THEREBY ENABLING THE CITY TO EVALUATE RECOM-
MENDATIONS OF THE ZONING TASK FORCE, PARKING
BOARD, AND THE PLANNING BOARD PERTAINING TO THE
REDUCTION OF REQUIRED PARKING SPACES AND TO
PREPARE NECESSARY AMENDMENTS; PROVIDING THAT
ORDINANCES OR SECTIONS THEREOF IN CONFLICT
SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME
PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN.
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING CHAPTER 14 ENTITLED 'EMERGENCY MAN-
AGEMENT;" CREATING SECTION 145.1 ENTITLED WATER
CONSERVATION AND EMERGENCY WATER RESTRICTION
ENFORCEMENT; PROVIDING FOR CODE ENFORCEMENT
AND POLICE ENFORCEMENT OF EMERGENCY WATER RE-
STRICTION DECLARATIONS ISSUED BY THE SOUTH FLOR-
IDA WATER MANAGEMENT DISTRICT; PROVIDING FOR PO-
LICE ENFORCEMENT VIA CRIMINAL PROCESS OF STATE
LAW; AND DIVISION OF CODE COMPLIANCE ENFORCE-
MENT THROUGH THE CITY'S CIVIL CITATION SYSTEM UN-
DER SECTION 2 -21, OF THE CITY'S CODE OF ORDINANC-
ES: PROVIDING FOR FINES AND APPEAL PROCESS PRO-
VIDING FOR ORDINANCES IN CONFLICT, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF
THE CODE OF ORDINANCES, ENTITILED "BUDGET AND FI-
NANCE COMMITTEE; AMENDING MEMBERSHIP TERM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDI-
NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
r AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE AD VALOREM TAXATION; AMENDING CHAPTER 18 RE-
LATING TO TAXATION TO AMEND THE SENIOR CITIZEN EX-
EMPTION, AD VALOREM TAX BREAK TO PROVIDE QUALI-
FIED INDIVIDUALS OVER THE AGE OF 65, WITH AN ANNUAL
INCOME UNDER $20,000 AND HOMESTEAD RESIDENCE
WITHIN THE CITY LIMITS WITH A $50,000. AD VALOREM
TAX BREAK (PRIOR EXEMPTION WAS FOR $25,000); PRO-
VIDING FOR SEVERALBILITY, ORDINANCES IN CONFLICT,,
AND AN EFFECTIVE DATE.
1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST PURSUANT TO SECTION 20.7.51 OF THE LAND
DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A
MIXED USE DEVELOPMENT PROJECT IN THE - SR(HD 7OV)'
SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY
ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TC
SECTIONS 20 -7.86, 20- 7.10B, 20 -7.11 IN ORDER TO: (1) AL
LOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE
FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVER
AGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 509/
LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILD
ING TO EXCEED THE MAXIMUM PERMITTED BUILDING
SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW /
CURB CUT TO BE LOCATED ON SW 59th COURT WHICH LO
CATION IS NOT SHOWN ON THE HOMETOWN DISTRICTI
REGULATING PLAN; ALL FOR PROPERTY GENERALLY LO
CATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING
FOR SEVERABILITY, PROVIDING FOR ORDINANCES It
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSIOt
OF THE CITY OF SOUTH MIAMI, FLORIDA PURSUANT TC
LAND DEVELOPMENT CODE SECTION 20.5.19(EX3) RE
QUESTING THE ISSUANCE OF A CERTIRCATE,OF APPRO
PRIATENESS FOR A SINGLE FAMILY RESIDENCE LOCAT
ED AT 6202 MILLER ROAD WITHIN AN RS- 3(HP -0V), RE51
DENTIAL SINGLE FAMILY (HISTORIC PRESERVATIOt
OVERLAY) ZONING DISTRICT (CAMBRIDGE LAWNS HIS
TORIC DISTRICT) IN ORDER TO PERMIT EXTERIOR RENO
VATION AND EXPANSION OF SECOND FLOOR; AND FUR
SUANT TO SECTION 20- 4.11(D) IN CONJUNCTION WITt
THE CERTIFICATE OF APPROPRIATENESS A REQUES'
TO: (1) GRANT A VARIANCE FROM SECTION 20- 3.5(E) TC
ALLOW FOR LOT COVERAGE TO BE 389% WHERE A MAXI
MUM 30% IS PERMITTED; (2) GRANT A VARIANCE FROA
SECTION 20- 3.5(E) TO ALLOW A SIDE STREET SETBACK OI
7 FOR THE FIRST FLOOR AND 12 FEET FOR THE SECONI
FLOOR WHERE 15 FEET IS REQUIRED FOR BOTH FIRS'
AND SECOND FLOORS; PROVIDING AN EFFECTIVE DATE.
If you have any inquiries on the above Items please contact the
Clerk's office at: 305-663-6340
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CIVIC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
Itc that I a person decides to appeal any decision made by this B
Agency or Commission with respect to any matter considered at its i
ing or hearing, he or she will need a record of the proceedings, and It
such purpose, affected person may need to ensure that a verbatim n
of the proceedings is made which record includes the testimony an
dance . upon which the appeal is to be based.
514 07- 3541828