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LTC 038-2007 Property Tax Reform Proposals lb MIAMI BEACH OFFICE OF THE CITY MANAGER NO. LTC # 038-2007 RECEIVED 2001 FEB -9 AM II: 24 CITY CLERK'S OFFICE LETTER TO COMMISSION TO: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager 0./' ~ February 8, 2007 (} 0 PROPERTY TAX REFORM PROPOSALS FROM: DATE: SUBJECT: The purpose of this LTC is to transmit to the Mayor and City Commission the attached correspondence from the Florida League of Cities, regarding properly tax reform. As of January 29, 2007, there have been more than 30 bills filed in the Legislature related to properly tax, including proposals for portability, increases to the homestead exemption, properly assessment methodology, extension of the 3% growth limitation to all properly, and caps on local government revenues and expenditures. A summary list of legislation identified by the City's lobbyists is attached. The impact of a population/inflation growth limitation has potential negative consequences for Miami Beach. The University of Florida conducts population estimates for revenue sharing purposes. The UF estimate for Miami Beach showed a 1.49% decline in population from 93,535 to 92,145. The September 2005-September 2006 percentage change in the Consumer Price Index was 2.1 %. Had this proposal been in place for the current budget year, (utilizing the UF estimate and Sept. 05-Sept. 06 CPI-U), the City's annual budget growth would have been limited to 0.58% growth, reflecting the sum of inflation (2.1 %) and population growth (-1.49%) for Miami Beach from 2005 to 2006. A series of Legislative Public Hearings on Property Tax Reform are planned throughout the State during February, including one on February 13th at Miami-Dade Community College's Chapman Center, from 6-9 p.m. A public hearing will also take place in Fort Lauderdale on February 12th. T e of Pro osed Le islation Increase the Homestead Exemption from $25,000 to $50,000. Portabili Limiting expenditure levels to CPI and/or population growth. Extend 3% assessment growth cap to all properly. 1m act on Cit of Miami Beach Offset by decreasing the Homeowner's Dividend. Undetermined Creates difficulty funding Current Service Level (CSL) and eliminates potential for enhancements. Requires millage reduction that will have negative impact on City Center CRA and South Pointe revenues. Creates difficulty funding Current Service Level (CSL) and eliminates potential for enhancements without significant increases in the operating and debt service millage rates, which would impact homesteaded ro e owners. Letter to Commission - Property Tax Reform February 8, 2007 Page 2 of 4 Below, please find the estimated impact that some of the various proposals would have had on the current FY 2006/07 operating budget, had they been in place. Double the Homestead Exemption and Portabilitv An increase of the Homestead Exemption from $25,000 to $50,000 would have an estimated impact of this increase is $2.88 million. This could be offset with a reduction of the Homeowner's Dividend. As part of the City's 2007 State Legislative Agenda, approved by the City Comission on January 17, 2007, the City is supporting this increase of the Homestead Exemption, as well as the concept of portability. Cap on Revenues/Expenditures/Budaet Current Ooeratina Budaet FY 2005/06 Adopted Budget Maintain Current Service Level in 06/07 FY 2006/07 CSL Budget Additional items: Pension Restructure Service Enhancements Internal Service Fund Enhancements Increase of Homeowner's Dividend Absorbing part of W ASD fee impact Structural Enhancements Adopted FY 2006/07 Budget $207,925,117 $16,940,264 (8.1% increase) $224,865,381 $2,715,000 $3,652,111 $209,724 $1,630,880 $1,000,000 $3,600,000 $237,673,096 House Bill 363 House Bill 363 would allow an increase of two times CPI-U, equivalent to a 4.2% increase if it had been applicable for FY 2006/07: FY 2005/06 Adopted Budget $207,925,117 House Bill 193 Allowance $8,732,855 FY 2006/07 Maximum Budget $216,657,972 Unmet Current Service Level 05/06 $8,732,855 Total Undeliverable 06/07 Services $21,Q15,124 (9% of current operating budget) This scenario would require a reduction of the operating millage from 7.2102 to 6.2861. House Bill 193 House Bill 193 would allow an increase of the operating budget by the sum of the percentage change in population (-1.48%) plus the CPI-U (2.1%), or a 0.58% increase if it had been applicable to FY 2006/07: FY 2005/06 Adopted Budget $207,925,117 House Bill 193 Allowance $1,276,505 FY 2006/07 Maximum Budget $209,201,622 Unmet Current Service Level 05/06 $15,565,430 Total Undeliverable 06/07 Services $28,471,474 (12% of current operating budget) This scenario would require a reduction of the operating millage from 7.2102 to 5.9582. Letter to Commission - Property Tax Reform February B, 2007 Page 3 of 4 The intent of this scenario is to provide the ability for local governments to increase services due to growth in the resident population. However, it makes no provision for increased services in response to the service impacts of other types of development, thereby penalizing more urban communities and vibrant tourist destinations. The impact of these two scenarios on the City Center CRA and South Pointe revenues is estimated as follows: Current HB 363 HB 193 CITY CENTER City Payment $18,569,009 $16,183,100 $15,344,633 County Payment $15,027,346 $13,101,356 $12,417,954 Total Pavment $33.596.355 $29.290.456 $27.762.587 Reduction -12.8% or -$4,305,899 -17.4% or -$5,833,768 SOUTH POINTE City Payment $19,493,389 $16,995,006 $16,108,500 County Payment $15,775,418 $13,753,552 $13,036,129 Total Payment $35.268.807 $30.748.557 $29.144.629 Reduction -12.8% or -$4,520,250 -17.4% or-$6,124,178 At this time, the proposed legislation that caps the growth of local government operating budgets states that this limitation may be overcome by a finding of necessity due to emergency or critical need approved by a super majority vote of the governing body. APplication of the 3% assessment arowth to all property. rather than homesteaded property 2005/06 Total Taxable Value 2005 New Construction 2006/07 Total Taxable Value Homestead Only $17,450,000,000 $786,000,000 $22,740,000,000 $163,959,948 $6,799,260 All Property $17,450,000,000 $786,000,000 $18,759,500,000 $135,259,747 $5,609.091 Tax from operating Millage of 7.2102 Tax from debt service of .299 If applied to the current budget year, this proposal would have resulted in a 2006/07 budget with $28,700,201 fewer dollars with which to provide services (representing 12% of the current operating budget). In order to maintain the revenues of $163,959,948 and meet debt requirements, the operating millage would need to be increased to 8.7401 and the debt service millage to .362. The impact on the average homestead properly would be a 21.2% increase in the City portion of their properly tax. There would most likely be a similar increase to the County portion of their tax bill as well. Letter to Commission - Property Tax Reform February 8, 2007 Page 4 of 4 Florida Leaaue of Cities and Florida Association of Counties Below, please find a brief summary of the positions of the League of Cities and the Association of Counties related to properly tax reform. Florida Leaaue of Cities . Establish a more simplified and informative truth-in-millage (TRIM) process . Establish an equitable assessment system with uniform standards for all properly based on the market value of the properly's current use . Establish a statutory ceiling determined by the average assessment change in the previous five years . Authorize municipalities and counties to provide exemptions or changes to properly tax assessment criteria (e.g., Save Our Homes, Save Our Seniors, portability of exemptions, etc.) under specific circumstances . Provide State financial assistance (in a revenue-neutral manner) if exemptions or changes to properly tax assessment criteria are implemented Statewide . Establish specific assessment criteria and standards for the taxation of very-low, low, and moderate-income housing . Authorize assessment of new construction on a partial-year basis Florida Association of Counties . Supports reasonable limits on the rate of properly tax assessment increases . Opposes modifications to the properly tax structure that erode the existing tax base . Establish a $25,000 exemption for tangible personal properly taxes for businesses . Establish a ten percent (10%) cap for non-homestead and commercial properly with revaluation upon change of ownership or use of properly . Assess affordable rental housing based on the actual rental income of the properly . Assess commercial and recreational working waterfronts based upon the current use of the properly by local option, and require upon discontinuance of such use, taxes that would have been due on the highest and best use for the last three (3) years become due . Revise the truth-in-millage (TRIM) process to include better information Additional Information Additional information on properly tax related information, including proposed legislation and media coverage may be found on the City's website. From the front page, there is a Legislative Affairs link under the E-Government tab. The Legislative Affairs page includes a link for Properly Tax, with links to additional information. The Administration will continue to monitor and update you on this issue as the 2007 Session of the Florida Legislature approaches. In the meantime, if you have any questions or comments, please do not hesitate to contact me. JMGIKBlkc Attachments (2) c: Executive Staff Kevin Crowder, Economic Development Division Director Jose Cruz, Budget Officer - _. IMMEDIATE ACTION REQUESTED! Time Sensitive TO: FLC Board of Directors Key Officials Advocacy Committee Legislative Key Contacts Local and Regional Leagues FROM: John Charles Thomas, Director Legislative and Public Affairs DATE: January 26, 2007 RE: Action Needed Immediately on Property Tax Reform The Florida Legislature is now focusing its efforts on passing significant property tax reform that could have a significant impact on local government budgets. Governor Charlie Crist and House Speaker Marco Rubio have expressed support for passing a constitutional amendment that could go to the voters as early as this summer. Some legislative proposals include capping local government expenditures andlor revenues. It is imperative that city officials contact their House and Senate members immediately and let them know of your city's opposition to legislation that would cap municipal expenditures or revenues, This is a complete assault on Home Rule and your legislators need to know the impact this would have on your cities. The Florida League of Cities supports comprehensive reform that would create a system that is fair and equitable to all citizens in Florida. Contact information for House and Senate members can be found at: House of Representatives: www.mvfloridahouse.com Senate: www.flsenate.Qov Please contact me or Allison Payne at the League at (800) 342-8112 or e-mail: apavne@flcities.com should you have any questions. Thank you. Attachment Florida League or Cities, Inc. . P.O. Box 1757' Tallahassee, FL 32302-1757' (850) 222-9684' Suncum 278-5331 . 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