HomeMy WebLinkAboutO-2000-007 ORDINANCE NO. 2000-007
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
CHAPTER 23 OF THE CODE OF ORDINANCES ENTITLED "TAXATION" BY
CREATING SECTION 23-111 TO PROVIDE FOR AN ADDITIONAL
HOMESTEAD EXEMPTION OF UP TO $25,000.00 FOR ANY PERSON WHO
HAS ATTAINED THE AGE OF SIXTY-FIVE, HAS THE LEGAL OR
EQUITABLE TITLE TO REAL PROPERTY, MAINTAINS UPON SUCH
PROPERTY THE PERMANENT RESIDENCE OF THE OWNER AND WHOSE
HOUSEHOLD INCOME DOES NOT EXCEED $20,000.00 PURSUANT TO
SECTION 196.075, FLORIDA STATUTES; PROVIDING FOR CONFLICTS;
FURTHER PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 6f, Article VII of the Florida Constitution provides that
the legislature may, by general law, allow municipalities to grant an additional
homestead exemption to persons who have attained age 65 and meet other
provisions of the general law; and
WHEREAS, in the 1999 ,legislative session, the legislature passed House
Bill 291 which created Section 196.075, Florida Statutes, which section allows
county and municipal authorities the power to grant an additional homestead
exemption for persons aged 65 and older pursuant to the passage and adoption
of an ordinance; and
WHEREAS, upon passage and adoption of this ordinance, the additional
® homestead exemption shall apply to all taxes levied by the City of Dania,
including, if any, dependent special districts and municipal service taxing units
within the City of Dania Beach; and
WHEREAS, the City Commission finds that it is in the best interests of the
citizens of Dania Beach to provide for such additional homestead exemption;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1: That Section 23-111 of Chapter 23 ( entitled "Taxation") of
Article XI, such article to be created and entitled "Homestead Exemption," and
such section to be entitled "Additional Homestead Exemption" of the Code of
Ordinances, is hereby created to read as follows:
CHAPTER 23: TAXATION
ARTICLE XI: "HOMESTEAD EXEMPTION"
Sec. 23-111 ADDITIONAL HOMESTEAD EXEMPTION
(a) APPLICATION OF THIS SECTION. Pursuant to and in accordance
with Section 196.075 Florida Statutes, the additional homestead exemption as
set forth in this section shall only apply to all taxes levied by the City of Dania
Beach, including, if any, dependent special districts and municipal service taxing
units.
(b) DEFINITIONS. For the purpose of this section, the following
definitions shall apply unless the context clearly indicates or requires a different
meaning:
(1) HOUSEHOLD: A person or group of persons living together
in a room or group of rooms as a housing unit, but the term does not include
persons boarding in or renting a portion of the dwelling.
(2) HOUSEHOLD INCOME: The adjusted gross income of all
members of a household, as defined in section 62 of the United States Internal
Revenue Code.
(c) AMOUNT OF ADDITIONAL HOMESTEAD EXEMPTION: Any
person who meets the requirements set forth in (d) below shall be eligible for an
additional homestead exemption in the amount of $25,000.00. Such additional
homestead exemption shall not exceed $25,000.00 in accordance with Section
• 196.075 Florida Statutes.
(d) REQUIREMENTS TO OBTAIN ADDITIONAL HOMESTEAD
EXEMPTION: Any person who has attained the age of 65 will be entitled to an
additional homestead exemption if each of the following conditions is met:
(1) The person has legal or equitable title to real estate;
(2) The person maintains upon such property the permanent
residence of the owner;
(3) The person has attained the age of 65,
(4) The person's household income does not exceed
$20,000.00; and
(5) The taxpayer claiming the above exemption submits
annually to the Broward County Property Appraiser, not later
than March 1 of each year, a sworn statement of household
income on a form prescribed by the Florida Department of
Revenue. The filing of this statement must be supported by
copies of any federal income tax returns for the prior year,
any wage and earnings statements (W-2 forms), and any
other documents required by the Florida Department of
Revenue for each member of the household, to be submitted
by June 1 of each year. The taxpayer's statement shall
attest to the accuracy of such copies. The Property
Appraiser may not grant the exemption without the required
documentation.
(e) HOUSEHOLD INCOME: For the purposes of (d)(4) above,
beginning January 1, 2001, the $20,000.00 household income limitation shall be
adjusted annually, on January 1 of each year by the percentage change in the
average cost-of-living index in the period January 1 through December 31 of the
immediately prior year compared with the same period for the year prior to that.
The index is the average of the monthly consumer price index figures for the
stated 12-month period, relative to the United States as a whole, issued by the
United States Department of Labor.
(f) If title is held jointly with right of survivorship, the person residing on
the property and otherwise qualifying may receive the entire amount of the
additional homestead exemption.
Section 2: That if any word, phrase, clause, subsection or section of
this ordinance is for any reason held unconstitutional or invalid, its invalidity shall
not affect the validity of any remaining portions of this ordinance.
Section 3: That all sections or parts of sections of the Code of
Ordinances, all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict are repealed to the extent of such conflict.
Section 4: That this ordinance shall take effect November 15, 2000.
PASSED ON FIRST READING THE 25T" DAY JANUARY, 2000.
PASSED AND ADOPTED ON CON THE 8T" DAY OF
FEBRUARY, 2000. ,
OR - COMMISSIONER
ATTEST: ROLL CALL:
MAYOR BERTINO - YES
l�J �i1 VICE-MAYOR MCELYEA- YES
SHERYL CHAPMAN COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI - ABSENT
COMMISSIONER MIKES- YES
APPROVED AS TOXRM AND CORRECTNESS:
BY:
T O AS V. ANSBRO
CITY ATTORNEY
S U N — S E N T I N E L NOTICE OF HEARING
PUBLISHED DAILY BEFORE CITY
6NIA
OMMISSION CITY OF
FORT LAUDERDALEo BROWARD COUNTYP FLORIDA BEACH, FLORIDA,'
I REGARDING
BOC.A R.ATONr PALM, BEACH COUNiTY. FLORIDA ADOPTION OF THE
MIAN.Io DADE COUNTY/ FLORIDA FOLLOWING PROPOSED
ORDINANCE:
IOTICE IS HEREBY GIVENI
STATE O F FLORIDA jh the city Commission of
he
City of Dania Beach,
COUNTY OF ROWARD/. t BEACH/DADS 1000,dat7:30PMorasrsoo
3EFGRE�TV_ U S ED AUTHORITY PERSONALLY APPEARED nay be head,er as will conduct
i public hearing in the City
;ommission room of the
ania Beach City Hall, 100
. .. . ... WHO ON OATH SAYS THAT Nest Dania Beach Boule-
HElS IS A DULY AUTHORIZED REPRESENTATIVE OF THE yard, Dania Beach, Florida
ko consider the proposed
CL 4SIFIED DEPARTMENT O'� THE SUN—SENTINEL. DAILY ' adoption of the following
Ordinance entitled:
E SPAPER PUBLISHED IN BROWARD/PALM BEACH/DADS COLNTYr �AN ORDINANCE OF THE
FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT1 EEING t CITY OF DANIA BEACH,
FLORIDA, AMENDING
CHAPTER 23 OF THE
NOTICE CODE OF ORDINANCES
ENTITLED "TAXATION" BY
CREATING SECTION 23-
111 TQ PROVIDE FOR AN
IN THE MATTER OF ADDITIONAL HOMESTEAD
EXEMPTION OF UP TO
$25,000.00 FOR ANY PER-
SON HAS THE AGEOOF SIXTY-FIVE,
HAS THE LEGAL OR EQUI-
TABLE TITLE TO REAL
IN THE CIRCUIT COURTo WAS PUBLISHED IN SAID NEWSPAPER I'N, PROPERTY, MAINTAINS
UPON SUCH PROPERTY
T 1#E ISSUES OF THE PERMANENT RESI-
DENCE
C f 01 /2Bo 1 X 1QC20140 AND WHOSE HOUSOEHOLD
INCOME DOES NOT EX-
CEED $20,000.00 PURSU-
ANTAFfIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL IS A ORIDASATUTE ; PRO,
FLORIDA STATUTES; PRO-
NEWSPAPER PUBLISHED IN SAID BROWARD/PAL11 BEACH/DACE VIDING FOR CONFLICTS;
FURTHER PROVIDING FOR
COUNTY, FLORIDAs AND THAT THE SAID NEWSPAPER HAS . HERETO FORE AN EFFECTIVE DATE.
EN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM BEACH/ CADS A copy of this proposed Or-
dinance is on file in the of-
OUNTYi FLORIDAP EACH DAYS AND HAS BEEN ENTERED 'AS SECOA`D fice of Administrative Ser-
vices, City Hall, 100 West
CLASS MATTER AT THE POST OFFICE. IN FORT LAUDERDALEe IN SAID Dania Beach Boulevard,)
BROWARD COUNTY, FLORIDAr FOR A. PERIOD OF ONE YEAR NEXT mayabBenspectleddbythe
PRECEDING THE. FIRST PUBLICATION OF THE ATTACHED COPY OF public during normal work-.
ing hours.
ADVERTISEMENT: AND AFFIANT FURT4ER SAYS THAT' HE/SHE HAS Interested parties may ap
pear at the aforesaid meet-
NEITHER PAID NOR PROMISED ANY PERSON. FIRM OR CORFORATI'CN ing and be heard with re-
spectto the proposed. Any
ANY DISCOUNTP REBATE. COMMISSION CR REFUND FOR THE PURPOSE person who decides toap
any decisionOF SECURING THIS ADVERTISEMENT' FOR PUBLICATION IN SAID thelCity Commssondwithi
respect to any matter con-
NEWSPAPER. sidered at this hearing will'
need a record of the pro-,
ceedings and for such pur-
pose may need to ensure
that a verbatim record of
. . a .. a . .. . .m.. ■ . . . . .a . . . a . the proceed rigs in is made,
which record includes the
iGNATURE OF AFFAN1T) testimony and evidence;
upon which the appeal is to
be based.
SWORN TO AND SUBSCRIBED BEFORE ME In accordance with the
American with Disabilities
THIS 2$ DAY Of J A N U A R Y Act, persons needing assis-
tance to participate in any
A. D.
/ of the proceedings should
contact Sheryl Chapman,
r Acting City clerk, 100 West
Dania Beach Boulevard,
a. m. a . a a . a. ■ ..■ ■ ■ . .. . Dania Beach,Florida 33004,.
(S I G N A T NFt;�, least 7 21 ours prior
203 at
Of NOTARY PU�3L IC) least 72 hours prior to the
ao'; Tara L.Bezak meeting
* MY COMMISSION/!CC638935 EXPIRES /s/ Charlene Johnson.
o Deputy City Clerk ..
July 20,2001 January 28, 000
BONDED THRU TROY FAIN INSURANCE,INC.
.a .a m a.a .a ■.. . .. a .a..'. o. . a a a a m a a a a. s. .m r a .
AME OF NOTARY TYPED, 1'PRRINTED OR STAMPED)
PERSONALLY KNOWN, .... ..aa .. . . .... a.a ■ a OR
PRODUCED IDEN) ifIC:Ai iON . ... ... . s . asa sa.a