HomeMy WebLinkAboutReso 2012-1974RESOLUTION NO. 2012- t g
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, CONCERNING
AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH,
IF ADOPTED, WOULD CREATE ADDITIONAL INEQUITIES IN
FLORIDA'S TAX SYSTEM BY GRANTING CERTAIN TAX
BREAKS TO SOME TAXPAYERS AT THE EXPENSE OF
OTHER TAXPAYERS; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a proposed Constitutional Amendment sponsored by the Florida Legislature
will be placed on the 2012 General Election ballot as "Amendment 4 "; and
WHEREAS, this proposed constitutional change reduces the current assessment limitation
on non - homestead real property from ten percent (10 %) to five percent (5 %); and
WHEREAS, the proposed Amendment grants first -time homesteaders an additional
homestead exemption equal to fifty percent (50 %) of the just value of the property up to the County
median home value; and
WHEREAS, the proposed Amendment creates a provision that allows the Legislature by
general law to prohibit increases in the assessed value of homestead property if the just value of the
property decreases; and
WHEREAS, Amendment 4 creates inequities for non - homestead properties by allowing
identical properties to be taxed differently, and Amendment 4 extends the sunset provision already
in the Florida Constitution from 2019 to 2023, which allows these inequities to be in place longer;
and
WHEREAS, Amendment 4 shifts the tax burden to new or growing businesses, creating an
unfair disadvantage for new businesses that would have to pay higher property taxes than their more
established counterparts; and
WHEREAS, the non - homestead assessment cap reduction and the first -time homesteader
provision apply to city and county taxes and not to school property taxes; and
WHEREAS, over the last few years, several property tax initiatives, including additional
homestead exemptions, Save Our Homes portability and statutory millage caps, have also
contributed to the unequal treatment of Florida's taxpayers; and
WHEREAS, there are estimates of the total tax impact of Amendment 4 of $1.6 Billion
cumulatively over a four -year period beginning in 2013 -2014, with approximately $447 Million
borne by cities.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Evaluate the Impact. The City Commission hereby directs staff to evaluate the
impact Amendment 4 may have on its property taxes.
Section 2. Urge the Residents. The City Commission hereby urges its residents to carefully
consider the potential adverse consequences of Amendment 4 before voting in the November 2012
General Election.
Section 3. Directive to the City Clerk. The City Commission hereby directs the City Clerk to
transmit a copy of this Resolution to the Florida League of Cities, Inc.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 201h day of September 2012.
orman S. Edelcup, Mayof
ATTEST:
Jane A. Hines, CMC, City Clerk
AS TO FORM
, SUFFICIENCY:
City Attorney
Vote: S -b
Moved by: \/1 La IM&Ljoe
Seconded by: (20 Are.� bIJ
Mayor Edelcup
jZ Yes)
(No)
Vice Mayor Thaler
V(Yes)
(No)
Commissioner Aelion
✓(Yes)
(No)
Commissioner Gatto
(Yes)
(No)
Commissioner Scholl
(Yes)
(No)
F * FL00. S
C�rY OF SUN ra0
TO:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949-3113 Fax
(305) 947 -2150 Building Department
(305) 947 -5107 Fax
MEMORANDUM
The Honorable Mayor and City Commission
FROM: Minal Shah, Assistant City Manager - Finance
DATE: September 20, 2012
RE: Resolution Not Supporting the Passing of Amendment 4.
RECOMMENDATION:
City Commission
Norman S. Edelcup, Mayor
Lewis Thaler, Vice Mayor
Isaac Aelion, Commissioner
Jeanette Gatto, Commissioner
George "Bud" Scholl, Commissioner
Fred Maas, Acting City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
Staff is recommending City Commission approve the adoption the resolution not supporting
Amendment 4 since this would generate additional inequities in the Florida's tax system.
REASONS:
Amendment 4 is one of the many constitutional amendments that will appear on the November
2012 General Election ballot. Although the official ballot summary is lengthy, the significant
impactful components are the following:
1. Reduce the current assessment limitation on non - homestead real property from 10%
to 5 %.
2. Give first -time home buyers an additional homestead exemption equal to 50% of the
just value of the property up to the County median home value
3. Creates a provision that allow the Legislature by general law to prohibit increases in
the assessed value of homestead property if the just value of the property decreases.
Ultimately, these components will create further inequities within non - homestead properties
where new businesses would pay higher property taxes than like established businesses.
More importantly, this will create further inequities within the homestead properties where
neighbors with access to the same City services are paying varied amounts.
Agenda Item
Date - 2c)- 12a