Loading...
2001-24317 RESO RESOLUTION NO. 2001-24317 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, INCLUDING, AMONG THE CITY'S LEGISLATIVE PRIORITIES FOR THE FISCAL YEAR 2000/2001 FLORIDA LEGISLATIVE SESSION, A PROPOSED AMENDMENT TO SECTION 196.1997 OF THE FLORIDA STATUTES, ENTITLED "AD VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES"; SAID AMENDMENT ALLOWING 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. 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. ~ 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 Administration have been working on a proposed ordinance which, pursuant to the requirements ofFIll.. Stat. ~ 196.1997, would allow for ad valorern tax exernptions 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, Fla. Stat. ~ 196.197 does not allow the governmental authority, in adopting such ordinances, the discretion to determine whether to apply the subject exemption to either residential or commercial properties, but makes said tax exemption available to both properties, subject to certain qualifying factors therein; and WHEREAS, to that end, it is herein recommended that the City include, among its legislative priorities for the Fiscal Year 2000/200 I Florida Legislative session, a proposed amendment to Fla. Stat. S 196.1997 which would allow a govemmental authority to determine, in its discretion, that an ordinance allowing for tax exemptions to historic properties be applicable to either commercial or residential properties, rather than the current mandate under the Statute stating that it must be offered to both. 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 include, among the City's Legislative Priorities for the Fiscal Year 200012001 Florida Legislative session, a proposed amendment to Section 196.1997 of the Florida Statutes, entitled "Ad Valorem Tax Exemptions for Historic Properties"; said amendment allowing 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 28th day of March ,2001. ATTEST: ~J MAYOR ~AMO f~ CITY CLERK RJA\kw F:\A TTO\AGUR\RESOS\ADV ALORM.EXM A!'PR()YEO AS TO FORM & lANGUAGE . FOR EXECUT\OM ~ ]/~l<il- 2 m CITY OF MIAMI BEACH OFFICE OF THE MAYOR & COMMISSION MEMORANDUM TO: JORGE M. GONZALEZ CITY MANAGER FROM: NANCY LIEBMAN COMMISSIONER DATE: MARCH 22, 2001 RE: State Legislative Priorities Please place the attached on the March 28 City Commission Agenda for approval. NL/sl Attachment Agenda Item ~9 M_ Date 3-"2.K -D I OFFICE OF THE CITY ATTORNEY ~~ef~71- F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM DATE: MARCH 28, 2001 TO: MAYOR NEISEN O. KASDIN MEMBERS OF THE CITY COMMISSION FROM: MURRAYDUBBIN ~~ CITY ATTORNEY JORGE M. GONZALEZ gp-~tL CITY MANAGER SUBJECT: ADDITION TO PROPOSED LEGISLATIVE PRIORITY The Florida Constitution, Article VII, Section 3(e), which 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 Fla. Stat. S 196.1997, 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. At this time, the current State legislation applies to both owner occupied residential and cornmercial properties. However, following a preliminary economic impact study, the Administration has determined that, the City must have the option of being able to grant the exemption to either residential or commercial properties. It would be the City's intention that the ad valorem tax exemption be available only to historic residential properties; specifically, detached single-family homes; the underlying rationale for this is to encourage the restoration, renovation, and rehabilitation of these properties, particularly given the proliferation of detached single-family homes within existing and proposed historic districts in the City of Miami Beach, To that end, the attached resolution proposes an amendment to Section 196_1997 of the Florida Statutes which would allow the governing authority of counties or municipalities to adopt 1700 Convention Center Drive - Fourth Floor -- Miami Beach, Florida 33139 an ordinance to provide for ad valorem tax exemptions for historic properties for ~ residential (i.e. specifically, in the City's case, detached single-family residential) or commercial properties. As the current Legislature is in session, time is of the essence. Finally, it should be noted that although the City Attorney's Office and the Administration have been working with Commissioner Liebman on a proposed ordinance which would create a partial ad valorem tax exemption for qualifying improvements of historic properties. the action recommended herein would in no way bind the Mayor and City Commission in the adoption of such an ordinance; if finalized, Commissioner Liebman's proposed ordinance would be before the Commission for its consideration separately, at a later date. RJAIlow F:\AITO\AGUR\RESOS\MEMOS\ADV ALORM,EXM Attachment 2