Item R1
* PUBLIC HEARING 3:00 P.M. *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 16. 2007 - KL
Bulk Item: Yes No -L
Division: County Attorney
Staff Contact Person: Suzanne Hutton x 3470
AGENDA ITEM WORDING:
A Public Hearing to consider amendment to Monroe County Code Section 2-281, providing for the
existing additional $25,000 homestead exemption for persons 65 and older with income of $20,000 or
less to be increased to $50,000; plus after-the-fact approval of advertising the public hearing,
ITEM BACKGROUND:
A public referendum in 2006 amended the State Constitution allowing the legislature to enact a law
enabling local governments to pass ordinances increasing the homestead exemption for persons 65 and
older whose income does not exceed $20,000, The State enacted such a law on April 9, 2007, giving
the local governments until June 1, 2007, to present a copy of the ordinance enacted to raise the
exemption. This law was brought to the attention of the County Attorney on April 27, 2007, too late to
do anything other than one of the two following options: advertise a public hearing for the May 16,
2007 regular agenda and get approval for the advertising after the fact, or place an emergency ordinance
on the May 16th agenda, and then go through the notice and ratification process in subsequent months,
It was deemed more transparent government to publish an advertisement of the public hearing prior
thereto and get the advertising approval after the fact rather than to hold a public hearing for an
emergency ordinance without notice to the public,
PREVIOUS RELEVANT BOCC ACTION:
Through Ordinance 45-1999, approval of$25,OOO exemption for persons 65 and older with income of
$20,000 or less.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No~
AMOUNT PER MONm nJa Year nJa
APPROVED BY: County Atty ~ OMB/Purchasing_
Risk Management_
DOCUMENTATION:
Included xx
Not Required_
DISPOsmON:
AGENDA ITEM #
ORDINANCE _-2007
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 2-281, MONROE COUNTY CODE;
PROVIDING FOR AN ADDITIONAL $25,000 HOMESTEAD
EXEMPTION FOR PERSONS AGE 65 AND OLDER WHOSE
INCOME DOES NOT EXCEED $20,000; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 6(f), Art. VII of the State Constitution was amended by
referendum vote in 2006 to allow the legislature to enable local governments to enact
an additional homestead exemption for low-income seniors; and
WHEREAS, Session Law 2007-4 became law on April 9, 2007, enabling local
governments to enact ordinances to provide an additional $25,000 homestead
exemption to persons age 65 and older and whose income does not exceed $20,000;
and
WHEREAS, said law requires the local government to provide to the property
appraiser by June 1, 2007, a copy of the ordinance authorizing the increase; and
WHEREAS, the Board of County Commissioners for Monroe County has grave
concerns for the ability of all low-income and moderate-income people to be able to
continue residing in Monroe County due to the high cost of living; now therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1, Section 2-281, Monroe County Code is hereby amended to read as
follows:
Sec. 2-281. Grant of additional homestead exemption to certain persons 65 or
older.
(a) The board of county commissioners hereby grants an additional homestead
exemption of twenty fi'/e fiftv thousand dollars ($25,000.00 $50.000.00) to any person
who has the legal or equitable title to real estate and maintains thereon permanent
residence as owner, who has attained the age of sixty-five (65), and whose household
income does not exceed twenty thousand dollars ($20,000.00), or the inflation adjusted
amount provided for in Section 196,075(3), Florida Statutes.
(b) The exemption granted in subsection (a), above, of this section applies only to
taxes levied by the board of county commissioners.
(c) Any taxpayer claiming the exemption granted in subsection (a), above, of this
section must annually submit to the property appraiser, not later than March 1, a sworn
statement of household income on a form prescribed by the Department of Revenue.
Section 2. If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 5. This ordinance shall take effect, retroactively to January 1, 2007, in
accordance with Session Law 2007-4, immediately upon receipt of official notice from
the Office of the Secretary of State of the State of Florida that this ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 16th day of May, A.D., 2007.
Mayor Mario Di Gennaro
Mayor Pro Tern Dixie Spehar
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Mario DiGennaro
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Date
CHAPTER 2007-4
Council Substitute for House Bill No. 333
An act relating to homestead exemption; amending s. 196.075, F.S.;
revising the amount of the additional homestead exemption for low-
income seniors in accordance with the amendment to s. 6(f), Art. VII
of the State Constitution adopted at the 2006 general election; pro-
viding for adjustments for the 2007 tax roll only; providing for retro-
active effect; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsection (2) and paragraph (c) of subsection (4) of section
196.075, Florida Statutes, are amended to read:
196.075 Additional homestead exemption for persons 65 and older.-
(2) In accordance with s. 6(f), Art. VII of the State Constitution, the board
of county commissioners of any county or the governing authority of any
municipality may adopt an ordinance to allow an additional homestead
exemption of up to $50.000 $25,000 for any person who has the legal or
equitable title to real estate and maintains thereon the permanent residence
of the owner, who has attained age 65, and whose household income does
not exceed $20,000.
(4) An ordinance granting additional homestead exemption as author-
ized by this section must meet the following requirements:
(c) It must specify the amount of the exemption, which may not exceed
$50.000 $25,000. If the county or municipality specifies a different exemp-
tion amount for dependent special districts or municipal service taxing
units, the exemption amount must be uniform in all dependent special
districts or municipal service taxing units within the county or municipality.
Section 2. For the 2007 tax roll only. a taxin~ authority that has adopted
an exemntion under s. 196.075. Florida Statutes. for the 2007 tax vear may
increase the amount of that exemntion. subject to the $50.000 limit. by
deliverine- to the nronerty appraiser bv June 1. 2007. a conv ofthe adonted
ree'Ular or emere-encv ordinance authorizine- the increase.
Section 3, This act shall take effect upon becoming a law and shall apply
retroactively to January 1, 2007.
Approved by the Governor April 9,2007.
Filed in Office Secretary of State April 9, 2007.
1
CODING: Words striekeB are deletions; words underlined are additions.
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, May 16, at
3:00 P.M. at the Key Largo Library, Tradewinds Shopping Center, 101485 Overseas Highway,
Mile Marker 101, Key Largo, Florida, the Board of County Commissioners of Monroe County,
Florida, intends to consider the adoption of the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 2-281, MONROE
COUNTY CODE; PROVIDING FOR AN ADDITIONAL $25,000
HOMESTEAD EXEMPTION FOR PERSONS AGE 65 AND OLDER
WHOSE INCOME DOES NOT EXCEED $20,000; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. - 5:00 p.m" no later than 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, call "711".
Dated at Key West, Florida, this 27th day of April, 2007.
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Publication dates - Display Ad
Reporter (Fr) 5/4/07 and (Fr) 5/11/07
Keynoter (Sa) 4/28/07 and (Wed) 5/2/07
KW Citizen (Tu) 5/1/07 and (Su) 5/6/07
Page 1 01 1
Peters-Katherine
From: Hutton-Suzanne
Sent:
To:
Cc:
Friday, April 27, 20072:12 PM
County Commissioners and Aides
County Administrator; 'Lynn Garcia'; Bradley-Brian (Bradley-Brian@MonroeCounty-FL.Gov);
Cassel-Nat (Cassel-Nat@monroecounty-fl.gov); Ferda-Elaine (Ferda-Elaine@monroecounty-
fl.gov); Grimsley-Susan (Grimsley-Susan@monroecounty-fl,gov); Hall-Cynthia (Hall-
Cynthia@MonroeCounty-FL.Gov); Mercado-Pedro (Mercado-Pedro@MonroeCounty-FL.Gov);
Peters-Katherine (Peters-Katherine@monroecounty-f1.gov); Rainer-Debra (Rainer-
Debra@MonroeCounty-FL. Gov); Shillinger-Bob (Shillinger-Bob@MonroeCounty-FL.Gov); Sutton-
Sheila (Sutton-Sheila@MonroeCounty-FL.Gov)
Subject: Ad for Public Hearing
Dear Commissioners:
Thanks to an inquiry this morning from Tamara Lundstrom, I discovered that HB 333 became law on April 9, It
enables the local governments to enact ordinances implementing the additional homestead exemption for low-
income seniors, Unfortunately, it gives the local governments until June 1 to get a copy of their enacted
ordinances to their property appraisers.
Accordingly. I made an executive decision to go ahead & advertise a public hearing at the May meeting and ask
for approval for the advertising after the fact on the May agenda. Since you may either see the ad or get phone
calls, I wanted to alert you that I had gone ahead & done this. The agenda item will be as attached.
s.,.-".t, ~--
County Attorney
Monroe County
PO Box 1026
Key West. Fl. 33041-1026
305-292-3470
4/27/2007