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2001-24579 RESO RESOLUTION NO. 2001-24579 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY'S OFFICE TO REQUEST A FORMAL ADVISORY OPINION FROM THE ATTORNEY GENERAL'S OFFICE RELATIVE TO SECTION 196.1997 OF THE FLORIDA STATUTES, ENTITLED" AD VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES"; SPECIFICALLY REQUESTING AN OPINION AS TO WHETHER A GOVERNMENTAL ENTITY WHICH ADOPTS AN ORDINANCE PROVIDING FOR SUCH EXEMPTIONS HAS THE DISCRETION TO DETERMINE THE APPLICABILITY OF SAID EXEMPTION TO EITHER RESIDENTIAL (SPECIFICALLY, IN THE CITY'S CASE, DETACHED SINGLE-FAMILY RESIDENTIAL) OR COMMERCIAL PROPERTIES, WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3(e), to authorize counties and municipalities to allow certain tax exemptions for historic properties; and WHEREAS, the Florida Legislature enacted Section 196.1997, Florida Statutes, to govern the allowance of such exemptions; and WHEREAS, Fla. Stat. S 196.1997, provides that the board of county commissioners of any county or the governing authority of any municipality may adopt an ordinance to allow ad valorem tax exemptions under Section 3, Article VII of the State Constitution, to historic properties if the owners are engaging in the restoration, rehabilitation, or renovation of such properties in accordance with guidelines established in the Statute; and WHEREAS, as sponsored by Miami Beach Commissioner Nancy Liebman, the City Attorney's Office and the Administration have been working on a proposed ordinance which, pursuant to the requirements of Fla. Stat. SI96.1997, would allow for ad valorem tax exemptions to qualifying historic properties in the City of Miami Beach; and WHEREAS, following an initial economic impact study, the Administration has concluded and would herein recommend that any proposed ordinance brought forward by the City at this time be limited to the provision of said ad valorem tax exemption for historic properties to qualifying detached single-family residential homes; and WHEREAS, as currently written, Florida Stat. S 196.197 is not specific as to whether a governmental entity adopting the aforestated ordinance to allow ad valorem tax exemptions for historic properties has the discretion, in adopting such an ordinance, to determine whether to apply the subject exemption to either residential or commercial properties; and WHEREAS, accordingly, at its regular meeting on September 5, 2001, the Mayor and City Commission requested that the City Attorney's Office obtain a formal advisory opinion from the Attorney General's Office as to whether a governmental entity which adopts an ordinance providing for such exemptions the discretion to determine the applicability of said exemption to either residential (specifically, in the City's case, detached single-family residential) or commercial properties. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein authorize the City Attorney's Office to request a formal advisory opinion from the Attorney General's Office relative to Section 196.1997 of the Florida Statutes, entitled "Ad Valorem Tax Exemptions for Historic Properties"; specifically requesting an opinion as to whether a governmental entity which adopts an ordinance providing for such exemptions the discretion to determine the applicability of said exemption to either residential (specifically, in the City's case, detached single-family residential) or commercial properties. PASSED and ADOPTED this 5th day of September, 2001. ~!J1 MAYOR ATTEST: (ffLj r McL- CITY CLERK RJA\kw F:\A TTO\$ALL\KIM\ADV ALOR.RES APPROVED AS 10 FORM & LANGUAGE & FOR EXECUTION < '-/J- 0/ Datil 2 OFFICE OF THE CITY ATTORNEY <e~ ef JI(iomi 11- F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 September 15, 2001 Robert A. Butterworth Attorney General, State of Florida Department of Legal Affairs The Capitol Tallahassee, Florida 32399-1050 Re: May the governing body of a municipality which adopts an ordinance pursuant to Section 196.1997, Florida Statutes, allowing ad valorem tax exemptions to historic properties if the owners are engaging in the restoration, rehabilitation, or renovation of such properties, limit the provision of said ad valorem tax exemption ordinance to qualifying detached single-family residential homes? Dear Mr. Butterworth: Pursuant to Section 16.01(3) of the Florida Statutes, I hereby request a formal advisory opinion from the Attorney General's Office relating to my official duties as Miami Beach City Attorney with regard to the facts outlined below. The Florida Constitution, Article VII, Section 3(e), authorizes counties and municipalities to allow certain tax exemptions for historic properties. The allowance and procedures for such exemptions are governed pursuant to Sections 196.1997 and 196.1998, respectively, of the Florida Statutes. Pursuant to Section 196.1997, Florida Statutes, the board of county commissioners of any county or the governing authority of any municipality may allow said ad valorem tax exemptions to historic properties pursuant to the adoption of an ordinance. Accordingly, the City of Miami Beach Attorney's Office and the City Administration have been working on a proposed ordinance which, pursuant to the requirements of Section 196.1997, Florida Statutes, would allow for ad valorem tax exemptions to qualifying historic properties in the City of Miami Beach. A copy of the proposed ordinance is attached hereto and incorporated herein as Exhibit "A". Following an initial economic impact study, the City Administration concluded that the attached proposed ordinance be limited to the provision of ad valorem tax exemptions for historic properties only to qualifying detached single-family residential homes. The underlying rationale for this is to encourage the restoration, renovation, and rehabilitation of these properties, particularly 1700 Convention Center Drive - Fourth Floor - Miami Beach, Florida 33139 Robert A. Butterworth Attorney General, State of Florida September 15,2001 Page 2 given the proliferation of detached single-family homes within existing and proposed historic districts in the City of Miami Beach. As currently written, Section 196.1997, Florida Statutes, is silent as to whether a governmental authority, in adopting an ordinance to allow ad valorem tax exemptions for qualifying historic properties, has the discretion to determine whether to apply the subject exemption to either residential ill commercial properties, or whether it must apply the exemption to both. As stated, as a condition to adoption of its proposed ordinance, it is vital that the City of Miami Beach have the option to being able to grant the exemption to either residential or commercial properties. As stated, at this time, the proposed ordinance in Exhibit "A" only contemplates an exemption for detached single-family homes. Accordingly, I respectfully request an opinion on the following issue: MAY THE GOVERNING BODY OF A MUNICIPALITY WHICH ADOPTS AN ORDINANCE PURSUANT TO SECTION 196.1997, FLORIDA STATUTES, ALLOWING AD VALOREM TAX EXEMPTIONS TO HISTORIC PROPERTIES IF THE OWNERS ARE ENGAGING IN THE RESTORATION, REHABILITATION, OR RENOVATION OF SUCH PROPERTIES, LIMIT THE PROVISION OF SAID AD VALOREM TAX EXEMPTION ORDINANCE TO QUALIFYING DETACHED SINGLE- F AMIL Y RESIDENTIAL HOMES? Should you require any additional information in order to render a formal advisory opinion on the above stated issue, please do not hesitate to contact me at 305-673-7470. Very truly yours, ~ bin MHDlRJA \kw F:\A TIO\$ALLlKIMlADV ALORM.AGO Attachment OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33'39 J l',"? f'FT .._, A. ~ l.:)- -, '-'I _, .J \..; ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 102 ENTITLED "TAXATION" BY CREATING ARTICLE VI THEREOF ENTITLED "HISTORIC PROPERTY-ADMINISTRATION VALOREM TA,X BENEFITS", SECTION ------ THEREOF, AUTHORIZING ADMINISTRATION VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3(e), to authorize counties and municipalities to allow certain tax exemptions for historic properties; and WHEREAS, the Florida legislature enacted Section 196.1997 and 196.1998, Florida Statutes, to govern the allowance of such exemptions; and WHEREAS, the City Commission desires to create a partial Administration valorem tax exemption for qualifying improvements of historic properties as a means to encourage more restoration, renovation and rehabilitation of such properties and to stabilize and improve property values in the City of Miami Beach. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach Code Chapter 102 entitled "Taxation" is hereby amended via the creation of Article VI thereof entitled "Historic Property -- Administration Valorem Tax Benefits", Section _, to read as follows: Article VI "Historic Property -- Administration Valorem Tax Benefits" Section Administration Valorem tax exemptions for historic properties. (a) Scone ofta.'C exemptions. A method is herebv created for the Citv Commission at its discretion. to allow tax exemptions for the restoration. renovation. or rehabilitation of historic properties. The exemotion shall applv to one hundred percent (100%) of the increase in assessed value of all improvements to historic properties which result from restoration. renovation. or rehabilitation made on or after the effective date of this ordinance. The exemption ap1)lies only to QualiJ:Yin!! sin!!le familv detached dwellin!!s. The exemption applies onlv to ad valorem real propertY taxes levied bv the Citv of Miami Beach. The exemption does not al1plv to taxes levied for the pavment of bonds or to taxes authorized bv a vote of the electors . . EXHIBIT A pursuant to Section 91b) or Section 12. Article VII of the Florida Constitution. The exemption does not apply to oersonal property. The exemotion under this ordinance does not apolv to properties within a community redevelooment area previouslv or hereafter established pursuant to Part III of Chapter 163. Florida Statutes. bv either the Board of Miami-Dade County Commissioners or the !!ovemin!! body of anY city or other municipality within Miami-Dade County. Ib) Duration Q( tax exemDtions. Any exemption ~ranted under this Section to a particular property shall be !!ranted on a one- time only basis and shall remain in effect for a maximum often (10) Years. The City Commission shall have the discretion to set a lesser term if requested bv the propertY owner in its ori~inal application and covenant. The term of the exemption shall be specified in the resolution approvin!! the exemption. The duration of the exemption as established in the resolution ~rantin~ the exemption shall continue re!!ardless of any chan!!e in the authority of the City of Miami Beach to grant such exemptions or any change in ownership of the property. In order to retain an exemption. however. the historic character of the property and improvements which aualified the propertY for an exemption must be maintained in their historic state over the period for which the exemption was !!ranted. Ie) Eli'lible DrolJerties and imDrovements. ill Property is QJlalified for an exemption under this Section if: W At the time the exemption is granted the property is a sin~le family detached dwelling llJ14;. ill Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966. as amended: or ill Is a contributing propertv to a national-register-listed district: or ill Is desi!!nated as a historic propertv. or as a contributin!! propertY to a historic 2 district. under the terms of a local preservation ordinance: and ill} The Miami Beach Historic Preservation Board has certified to the City Commission that the propertY for which an exemotion is requested satisfies para~raph (A). ill In order for an improvement to a historic property to aualifv the property for an exemption. the imorovement must: fAl Be substantiallv consistent with the United States Secretarv of Interior's Standards for Rehabilitation: and ill} Be determined bv the Miami Beach Historic Preservation Board to meet criteria established in rules adopted bv the Board and the Department of State. (d) Avvlications. Anv person. firm. or cOl:poration that desires an ad valorem tax exemption for the improvement of a historic property must. in the year the exemotion is desired to take effect. file with the Plannin~ and Zonin~ Department a written aoolication on a form orescribed bv the Department of State. The application must include the followine: information: ill The name of the property owner and the location of the historic property: ill A description of the improvements to real propertY for which an exemption is reauested and the date of commencement of construction of such improvements: ill Proof. to the satisfaction of the Miami Beach Historic Preservation Board. that the propertY that is to be rehabilitated or renovated is a historic property under this Section: ill Proof. to the satisfaction of the Miami Beach Historic Preservation Board. that the improvements to the propertv will be consistent with the United States SecretarY of Interior's Standards for Rehabilitation and will be made in accordance with e:uidelines developed by the Department of State: 3 ill Other information identified in apDropriate Department of State re!lulations. or requested bv the Miami Beach Historic Preservation Board: and LQ} If the propertv is within the iurisdiction of the Miami Beach Historic Preservation Board. a completed apDlication for a certificated of appropriateness for the qualifying restoration. renovation. or rehabilitation. (e) Required covenant. To qualify for an exemption. the mODertv owner must enter into a covenant or al!reement with the City Commission for the term for which the exemption is l!ranted. The form of the covenant or al!reement must be established bv the Department of State and must require that the character of the propertv. and the qualifyin~ improvements to the moperty. be maintained during the period that the exemDtion is Ij!ranted. The covenant or agreement shall be binding on the current propertv owner. transferees. and their respective heirs successors. or assil!ns. Violation of the covenant or aflreement results in the pro\)ertv owner beinl! subiect to the pavment of the differences between the total amount of taxes which would have been due in March in each of the previous vears in which the covenant or aflreement was in effect had the Dropertv not received the exemption and the total amount of taxes actually paid in those vears. DIllS interest on the difference calculated as provided in Section 2]2.12(3) of the Florida Statutes. (0 Review QV Historic Preservation Board The Miami Beach Historic Preservation Board. or its successor is desil!nated to review ap\)lications for all tax exemDtions. The Miami Beach Historic Preservation Board shall recommend that the City Commission Ilrant or deny the exemption. Such reviews must be conducted in accordance with the rules adopted bv the Department of State. The recommendation. and the reasons therefore. must be provided to the ~plicant and the City Commission before consideration of the a,polication at an official meetinl! of the City Commission. (g) ADl1roval bv City Commission. A maioritv vote of the City Commission shall be reouired to a,pprove a written application for tax exemption. Such exemption shall take effect on the Januarv 1 followinl! substantial comDletion of the improvement. The City Commission shall include the followin~ in the resolution approvinl! the written application for exemption: ill The name of the owner and the address of the historic propertY for which the exemption is l!ranted. 4 c: Iml [) em C- PDtJ 1:'- [Jf? m CITY OF MIAMI BEACH OFFICE OF THE MAYOR & COMMISSION MEMORANDUM FROM: NANCY LlEBMA COMMISSIONER 0.. ;,. -r: ...: n.: fil ~(~ o :ra ~ G5 l\.) \0 ii';' TO: JORGE GONZALEZ CITY MANAGER r, -0 ::J: ~ ol:'" DATE: August 28, 2001 RE: HISTORIC TAX CREDIT PleaSe place for discussion on the September 5th agenda a request for a State Attorney General opinion to clarify whether the city can bifurcate the Florida State Statute which provides qualifying properties in historic districts a one-time only tax exemption. NUsI Attachment Agenda Item R ~ rJ Date Cf-"5~O( _..,'--~._. ~--~,--",-_.'~'-'-- ,. . PAGE 2 FINANCE & CITYWIDE PROJECTS COMMITTEE MEETING JULY 11,2001 2. Discuss possible financial relief to the property owners and temmts affected by the construction on Collins A venue AcrION The Committee recommended that financial relief to the property owners from City funds not be pursued at this time. Commissioner Garcia presented the item. Lawrence Levy. First Assistant City Attorney, made a presentation of legal cases relevant to the proposal. There was discussion about setting a precedent with such action. The City Attorney's Office cited legal precedence. which denied compensation for inconvenience. 3. Discussion of Historic Tax Credit for qualifying renovations to single family residential properties. ACTION The Committe,e recommended that this matter be referred to the full commission. Commissioner Liebman presented the item, which is an amendment to the City Code allowing for ad valorem tax exemption for certain restoration, renovation or rehabilitation of single family residential properties in historic districts. Patricia Walker discussed the financial impact of this amendment at different levels of homeowner investment The credit will. reduce the property valuation by the amount of the qualifying improvement and the exemption will extend for a period not to exceed ten (10) years. The Committee also discussed long term impact of enacting such a credit. The financial impact is expected to be minimal. 4. Discussion of proposed FY 2001-2002 funding for Miami Beach Garden Conservancy Management of the Miami Beach Botanical Garden. ACTION The Committee recommended that the budget request be refined as part of the budget process and that it reflect programming that is available for participation by all residents. Patricia Walker presented financial information pertaining to the operation of the facility and indicated that an agreement had been reached to recommend a contribution. of $200,000 from the City with a 50% match from the Conservancy. The Conservancy has agreed to keep the facility open- seven days a week. 10