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Home My WebLink AboutR-2005-030 Opposing Senate Bill 620 RESOLUTION NO. 2005-030 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING SENATE BILL 620 AND HOUSE BILL 0305 PERTAINING TO PROPOSED STATE LEGISLATION APPLICABLE TO PLACEMENT OF CELLULAR TELEPHONE TOWERS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Senate Bill 620 and House Bill 0305 were filed in the Florida Legislature in January 2005; and WHEREAS, Senate Bill 620 and House Bill 0305 purport to preempt municipal home rule powers, create exemptions from municipal land development regulations and zoning codes, appear to allow for unrestricted placement of cell towers in residential areas and purport to create unfunded mandates by limiting the ability of municipalities to recover their administrative costs; and WHEREAS, the City Commission opposes any legislation which preempts and prohibits local governments from examining the business need for any new facility, or the need for the placement of a tower at a specific location requested by a wireless carrier, since such legislation may preempt local jurisdictions' sitting hierarchies established in local zoning codes; and WHEREAS, the City Commission opposes any legislation which interferes with fee, surety, and insurance requirements the City places on wireless carriers which, as practical matters, may be greater than those imposed on "applicants seeking similar types of zoning, land use, or building-permit review", as contemplated by the proposed law; and WHEREAS, the City Commission opposes any legislation which interferes with the use and management of public rights-of-way; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and they are made a specific part of this Resolution. Section 2. That the City Commission of the City of Dania Beach, Florida opposes Senate Bill 620 and House Bill 0305 because they do not promote the best interests of the City of Dania Beach and other Florida municipalities and they interfere with municipal home rule powers. Section 3. That the City Clerk is directed to provide a copy of this Resolution to the • members of the Broward County Legislative Delegation, the Broward League of Cities and the Florida League of Cities. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on February 9, 2005. C.K. MCELN FAQ MAYOR— COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - YES ,O COMMISSIONER CHUNN—YES LOUISE STILSON COMMISSIONER FLURY - YES CITY CLERK VICE-MAYOR MIKES - YES MAYOR MCELYEA—YES APPROVED AS TO FORM AND CORRECTNESS: Ilk BY: I I_�' J, t TH MO J. A SBRO CITY ATTORNEY • 2 RESOLUTION #2005-030 Florida Senate - 2005 SJR 228 By Senator Geller 31-45A-05 1 Senate Joint Resolution No. 2 A joint resolution proposing an amendment to 3 Section 4 of Article VII of the State 4 Constitution to prescribe the method for 5 valuing certain properties for ad valorem tax 6 purposes. 7 8 Be It Resolved by the Legislature of the State of Florida: 9 10 That the following amendment to Section 4 of Article 11 VII of the State Constitution is agreed to and shall be 12 submitted to the electors of this state for approval or 13 rejection at the next general election or at an earlier, 14 special election specifically authorized by law for that • 15 purpose: 16 ARTICLE VII 17 FINANCE AND TAXATION 18 SECTION 4. Taxation; assessments.--By general law 19 regulations shall be prescribed which shall secure a just 20 valuation of all property for ad valorem taxation, provided: 21 (a) Agricultural land, land producing high water 22 recharge to Florida's aquifers, or land used exclusively for 23 noncommercial recreational purposes may be classified by 24 general law and assessed solely on the basis of character or 25 use. 26 (b) Pursuant to general law tangible personal property 27 held for sale as stock in trade and livestock may be valued 28 for taxation at a specified percentage of its value, may be 29 classified for tax purposes, or may be exempted from taxation. 30 (c) All persons entitled to a homestead exemption 31 under Section 6 of this Article shall have their homestead 1 • CODING: Words n are deletions; words underlined are additions. Florida Senate - 2005 SJR 228 31-45A-05 1 assessed at just value as of January 1 of the year following 2 the effective date of this amendment. This assessment shall 3 change only as provided herein. 4 (1) Assessments subject to this provision shall be 5 changed annually on January 1st of each year; but those 6 changes in assessments shall not exceed the lower of the 7 following: 8 a. Three percent (30) of the assessment for the prior 9 year. 10 b. The percent change in the Consumer Price Index for 11 all urban consumers, U.S. City Average, all items 1967=100, or 12 successor reports for the preceding calendar year as initially 13 reported by the United States Department of Labor, Bureau of 14 Labor Statistics. ® 15 (2) No assessment shall exceed just value. 16 (3) After any change of ownership, as provided by 17 general law, homestead property shall be assessed at just 18 value as of January 1 of the following year. Thereafter, the 19 homestead shall be assessed as provided herein. 20 (4) New homestead property shall be assessed at just 21 value as of January lst of the year following the 22 establishment of the homestead. That assessment shall only 23 change as provided herein. 24 (5) Changes, additions, reductions, or improvements to 25 homestead property shall be assessed as provided for by 26 general law; provided, however, after the adjustment for any 27 change, addition, reduction, or improvement, the property 28 shall be assessed as provided herein. 29 (6) In the event of a termination of homestead status, 30 the property shall be assessed as provided by general law. 31 2 CODING: Words n are deletions; words underlined are additions. Florida Senate - 2005 SJR 228 31-45A-05 1 (7) The provisions of this amendment are severable. 2 If any of the provisions of this amendment shall be held 3 unconstitutional by any court of competent jurisdiction, the 4 decision of such court shall not affect or impair any 5 remaining provisions of this amendment. 6 (d) The legislature may, by general law, for 7 assessment purposes and subject to the provisions of this 8 subsection, allow counties and municipalities to authorize by 9 ordinance that historic property may be assessed solely on the 10 basis of character or use. Such character or use assessment 11 shall apply only to the jurisdiction adopting the ordinance. 12 The requirements for eligible properties must be specified by 13 general law. 14 (e) A county may, in the manner prescribed by general . 15 law, provide for a reduction in the assessed value of 16 homestead property to the extent of any increase in the 17 assessed value of that property which results from the 18 construction or reconstruction of the property for the purpose 19 of providing living quarters for one or more natural or 20 adoptive grandparents or parents of the owner of the property 21 or of the owner's spouse if at least one of the grandparents 22 or parents for whom the living quarters are provided is 62 23 years of age or older. Such a reduction may not exceed the 24 lesser of the following: 25 (1) The increase in assessed value resulting from 26 construction or reconstruction of the property. 27 (2) Twenty percent of the total assessed value of the 28 property as improved. 29 (f) (1) If a person whose homestead property is taken 30 through the exercise of eminent domain designates replacement 31 property on which he or she is entitled to a homestead 3 • CODING: Words T are deletions; words underlined are additions. ® Florida Senate - 2005 SJR 228 31-45A-05 1 exemotion as homestead Drooer V and the value of the 2 reolacement property is areater than is exempted by Section 6 3 of this Article, the lust value of the replacement property is 4 determined by multiplying the price of the replacement 5 Property by a figure that is obtained by dividing the lust 6 value of the taken orooerty at the time of the takina by the 7 price paid by the taking authority. However, the just value 8 determined under this subsection may not be less than the 9 value exempted by Section 6 of this Article. 10 (2) The followina conditions apply when calculating_ 11 the value of a replacement homestead property under this 12 subsection: 13 a. This subsection implies only to the first 14 replacement property on which a homestead exemption is claimed 15 after the takina. 16 b. The claim of homestead exemption on replacement 17 property must be made no later than the second January 1 18 followina the takina. 19 C. This subsection applies whether the reolacement 20 property is in the same county as the taken property or in a 21 different county. 22 d. This subsection applies whether the replacement 23 property was acquired after, or was owned by the taxpayer at 24 the time of, the taking. 25 BE IT FURTHER RESOLVED that the following statement be 26 placed on the ballot: 27 CONSTITUTIONAL AMENDMENT 28 ARTICLE VII, SECTION 4 29 VALUATION OF HOMESTEAD PROPERTY.--Proposing an 30 amendment to the State Constitution which would establish the 31 value of replacement homestead property of a person whose 4 • CODING: Words �5ttj-eken are deletions; words underlined are additions. Florida Senate - 2005 SJR 228 31-45A-05 1 previous homestead property was taken through eminent domain 2 as a percentage of its market value equal to the greater of: 3 the actual exemption allowed under the State Constitution or a 4 proportion of its market value equal to the proportion that 5 the just value of the taken property bore to the selling price 6 of the taken property. The proposed amendment includes a time 7 limit on when the homestead exemption on a replacement 8 property must be claimed. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 . CODING: words �-__'�en are deletions; words underlined are additions. Session :Bills : tlsenate.gov Pagel of 2 ,z I , February 08, 2005 Home Select Year: 2005 _ Select Chamber: Senate < Session Committees P Jump Bill Text Amendments Staff Analysis Vote History Senators To: (1) ( (0) (0) J (0) Information Center ! Ne Statutes Et Constitution f �+ Preyious._S_enateB..i..l_t �. Lobbyist Information F Senate 0228: Relating -to Ad Valorem Tax/Property Valuing S228 JOINT RESOLUTION by Geller; (CO-SPONSORS) Campbell Session: 2005 " Ad Valorem Tax/Property Valuing; constitutional amendment to prescribe method for valuing certain properties for ad valorem tax purposes. a;tt t: GQ'' Amends s. 4, Art. VII. 11/16/04 SENATE Filed 12/03/04 SENATE Referred to Community Affairs; Judiciary; Government Session: zoos Efficiency Appropriations; Rules and Calendar , ! .............. ... .. ....._.. ... • Chamber: Senate 3', 5ear"ctii; Bill Text Version: Posted: Format: i S 0228 11/16/2004 Web. Page J PDF Year: 2004 Committee Amendments: Search` NO AMENDMENTS AVAILABLE FOR SENATE BILL 0228. Filed Floor Amendments: Enter Your Zip+4 Code: NO AMENDMENTS AVAILABLE -------- J o Staff Analysis: NO STAFF ANALYSIS AVAILABLE N'417Y�111'ioodiw -rob '` .M Vote History - Floor NO VOTE HISTORY AVAILABLE Citations - Statute • NO STATUTE CITATIONS FOUND FOR SENATE BILL 0228. http://flsenate.gov/session/index.cfm?BI_Mode=ViewBilllnfo&Mode=Bills&SubMenu=l&... 2/8/2005 Session :Bills : flsenate.gov Page 2 of 2 Citations - Constitution • 007,04 Session: Bills • Calendars • .Journals • Citator • Search • Appropriations • Redistricting • Vide( Reports Committees: Committee Pages • Committee Publications . Meeting Packets • Committee Reports Senators: President's Page- Member Pages • District Information • Find Your Legislators Information Center: Introduction • About the Legislature• Publications • Glossary• Help • Em'r Statutes Et Constitution: Introduction • View Statutes . Search Statutes • Constitution . Laws of Lobbyist Information: [ntroductron • Lists - Legisla dve Directory • Guide Book • Forrns Disclaimer: The information on this systern. is unverified. The journals or printed bites of the respective chambers should be consulted for of Copyright u 2000 2004 State of Ftarida. Privacy Statement. • • http://flsenate.gov/session/index.cfm?BI_Mode=ViewBilllnfo&Mode=Bills&SubMenu=1&... 2/8/2005 Session :Bills : flsenate.gov Page 1 of 2 • ► �' on IN III In f February 08, 2005 Home Select Year: 2005 Select Chamber: Senate . Session Committees ► Jump Bilt Text Amendments Staff Analysis Vote History Senators b To: (1 j i (0) I (01) I (0) Information Center / Ne � Previous SenateB.ill � Statutes tY Constitution ► Lobbyist Information b Senate 0228: Relating to Ad Valorem Tax/Property Valuing S228 JOINT RESOLUTION by Geller; (CO-SPONSORS) Campbell Session: 2005 Ad Valorem Tax/Property_Valuing; constitutional amendment to prescribe method for valuing certain properties for ad valorem tax purposes. Bill,: Go"' Amends s. 4, Art. VII. + 11/16/04 SENATE Filed 12/03/04 SENATE Referred to Community Affairs; Judiciary; Government Session: 2005 E r'' Efficiency Appropriations; Rules and Calendar Chamber: Senate ' • seared Bill Text Version: Posted: Format: S 0228 11/16/2004 Web Page I PDF Year: 2004 E ` Committee Amendments: ,Search, NO AMENDMENTS AVAILABLE FOR SENATE BILL 0228. Filed Floor Amendments: Enter Your Zip+4 Code: NO AMENDMENTS AVAILABLE Staff Analysis: NO STAFF ANALYSIS AVAILABLE Vote History- Floor NO VOTE HISTORY AVAILABLE Citations - Statute • NO STATUTE CITATIONS FOUND FOR SENATE BILL 0228. http://flsenate.gov/session/index.cfin?BI_Mode=VlewBilllnfo&Mode=Bills&StibMenu=1&... 2/8/2005 Session :Bills : flsenate.gov Page 2 of 2 Citations - Constitution ® 007.04 Session: Bills • Calendars • -Journats • Citator • Search • o APp nations • Redistric-4ri Vide( Reports r p g - Committees: Committee Pages • Committee Publications - Meeting Packets Committee Reports Senators: President's Page • member Pages - District Information • Find Your Legislators Information Center: Introduction • About the Legislature - Publications • Glossary- Help • Em.r Statutes Et Constitution: Introduction • View Statutes • Search Statutes • Constitution• Laws of Lobbyist Information: Introduction • Lists • Legislative Directory • Guide Book • Forn•,s Disclaimer: The information on this syste n is unverified.The joumals or printed bibs of the respective chambers should becornsulted for of Copyright C 2000-2004 State of Florida. Privacy Statement. http://flsenate.gov/session/index.cfm?BI_Mode=ViewBillInfo&Mode=Bills&SubMenu=1&... 2/8/2005