HomeMy WebLinkAboutR-2005-031 Joint resolution No. 228 support (Save our Homes) RESOLUTION NO. 2005-031
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, SUPPORTING THE PASSAGE OF FLORIDA SENATE
JOINT RESOLUTION NO. 228, WHICH WOULD, IF APPROVED BY THE
ELECTORATE IN A STATE-WIDE REFERENDUM, AMEND THE FLORIDA
CONSTITUTION TO PROVIDE THAT IF HOMESTEAD PROPERTY IS
TAKEN BY EMINENT DOMAIN, THE AFFECTED HOMEOWNERS SHALL
BE AFFORDED THE PROTECTION OF THE "SAVE OUR HOMES"
CONSTITUTIONAL PROPERTY TAX LIMITATION; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, due to threatened expansion of the Ft. Lauderdale-Hollywood International
Airport, a large number of single-family homeowners in the City of Dania Beach may face
eminent domain proceedings, requiring such residents to relocate to new homes; and
WHEREAS, under current law, persons who lose their homesteads due to eminent
• domain will lose the "cap" on ad valorem property tax afforded by the "Save Our Homes"
provision in the Florida Constitution, which limits assessments on such homes to increases of no
more than three (3) percent per year; and
WHEREAS, with the introduction of Senate Joint Resolution No. 228, sponsored by
local Florida Senators Steve Geller and Walter Campbell, a measure is being proposed for
consideration by Florida Legislature, which would submit a ballot question to the electorate in a
statewide referendum which, if approved, would amend the Florida Constitution to provide that
if homestead property is taken by eminent domain, the affected homeowners shall be afforded
the protection of the "Save Our Homes" constitutional property tax limitation, when they
relocate to new homes in Florida; and
WHEREAS, such property tax protection is particularly critical to the numerous
residents of the City of Dania Beach who may otherwise be unable to relocate to new homes, due
to the drastic economic hardship associated with the purchase of a new home at its fully assessed
value which they would otherwise face if the "Save Our Homes" protection cannot be transferred
to a new homestead;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Commission of the City of Dania Beach, Florida, supports
the passage of Florida Senate Joint Resolution No. 228, which would, if approved by the
electorate in a state-wide referendum, amend the Florida Constitution to provide that if
homestead property is taken by eminent domain, the homeowners shall be afforded the
protection of the "Save Our Home" property tax limitation, which would be transferable to a new
homestead in the state. The City Commission wishes to emphasize that its support of the
• proposed legislation is predicated on the portability of the "Save Our Homes" exemption, so that
any homeowners compelled to relocate their homes can avail themselves of the freedom to
relocate to a new home in any county within the state of Florida, with the property tax protection
intact.
Section 2. That the City Clerk is directed to furnish certified copies of this Resolution
to Senator Geller and Senator Campbell, as well as to all members of the Broward County
Legislative Delegation and to both the Broward League of Cities and the Florida League of
Cities.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
•
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Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED this 91h day of February, 2005.
. MC EA
MAYOR— COM,N�k SIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER CHUNN—YES
LOUISE STILSON' COMMISSIONER FLURY - YES
CITY CLERK VICE-MAYOR MIKES - YES
MAYOR MCELYEA—YES
APPROVED AS TO FORM AND CORRECTNESS:
• BY: l ((
TH M- S J. ANSBRO
CITY ATTORNEY
•
3 RESOLUTION #2005-031