Ordinance 030-2013ORDINANCE NO. 030 —2013
AN ORDINANCE RELATING TO HOMESTEAD TAX EXEMPTIONS
FOR SENIORS; CREATING SECTION 23 -42 OF THE MONROE
COUNTY CODE; GRANTING AN ADDITIONAL HOMESTEAD
EXEMPTION EQUAL TO THE PROPERTY'S ASSESSED VALUE,
FOR PERSONS AGE 65 AND OLDER WHO HAVE LEGAL OR
EQUITABLE TITLE TO REAL ESTATE WITH A JUST MARKET
VALUE LESS THAN $250,000.00 AND A HOUSEHOLD INCOME
THAT DOES NOT EXCEED $27,030; REQUIRING DELIVERY OF
THE ORDINANCE TO PROPERTY APPRAISER; PROVIDING FOR
SEVERABILITY; 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, in November 2012 Florida voters approved Amendment 11 to Article VII,
Section 6(d) of the Florida Constitution, pursuant to which counties and municipalities may
adopt an ordinance granting an exemption up to the property's assessed value, to any person age
65 or older who hold legal or equitable title to real estate with a just (market) value of less than
$250,000, who has maintained the real estate as a permanent residence for at least 25 years, and
whose household income does not exceed the income limitations set forth in state law, which is
currently $27,030 and adjusted annually (the "Senior Homestead Tax Exemption "), now codified
in Section 196.075(2), F.S.; and
WHEREAS, 63.5% of Monroe County voters approved the Senior Homestead Tax
Exemption; and
WHEREAS, Art. VII, s. 6(d) of the Constitution and Section 196.075(2), F.S. both
provide that counties and municipalities may adopt the Senior Homestead Tax Exemption
instead of or in addition to the exemption already existing in Art. VII, s. 6(d)(1) of the
Constitution and Sec. 196.075(d)(1), F.S., which grants authority to counties and municipalities
to adopt ordinances allowing a homestead exemption up to $50,000 for seniors meeting the same
low income criteria; and
WHEREAS, Monroe County previously implemented a homestead exemption of
$50,000 for certain qualifying seniors, currently codified at Section 23 -41 of the Monroe County
Code; and
WHEREAS, the Board of County Commissioners now desires to adopt an ordinance
granting the Senior Homestead Tax Exemption to its residents who meet the criteria; and
WHEREAS, Section 196.075(4)(a) provides that this exemption must be authorized by a
majority plus one vote of the members of the governing body of the county granting such
exemption; and
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Monroe County, that:
SECTION 1. Monroe County Code, Chapter 23, Article II, Division 2, Section 23 -42 is hereby
created to read as follows:
Section 23 -42. – Grant of second additional homestead exemption to certain persons 65 or
older.
(a) The board of county commissioners hereby grants an additional homestead exemption
equal to the property's assessed value to any person who has attained the age of 65 by
January 1 of the year in which they are applying for the exemption, and who meets the
following requirements:
1) The applicant holds legal or equitable title to homestead real property with a
must (market) value less than $250,000.00; and
2) The applicant has maintained thereon permanent residence as the owner of the
property for no less than 25 years; and
3) The applicant's household income does not exceed $27,030, or such other
amount as may be annually adjusted by the Florida Department of Revenue.
(b) The exemption set forth in subsection (a) shall be in addition to, and shall not replace, the
exemption provided for in Section 23 -41 of the Monroe County Code.
(c) The exemption set forth in subsection (a) of this section applies only to taxes levied by
the Monroe County Board of County Commissioners.
(d) Any taxpayer claiming the exemption granted in subsection (a) 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. Upon request of
the Property Appraiser, supporting documentation may be requested and due no later than
June 1. Failure to file either the sworn statement or supporting documentation shall mean
a waiver of the exemption for that year.
(e) This additional exemption shall be available commencing with the 2013 tax roll and shall
continue with all subsequent tax rolls. The Property Appraiser may begin accepting
applications and sworn statements for the year 2013 tax roll as soon as the appropriate
forms are available from the Department of Revenue.
State law reference— Authority for above exemption, F. S. § 196.075.
SECTION 2. DELIVERY TO THE PROPERTY APPRAISER. The Board of County
Commissioners, by and through the Clerk, must deliver a copy of this ordinance to the Property
Appraiser.
SECTION 3. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 4. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 5. INCLUSION IN THE CODE OF ORDINANCES. 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 as
needed to conform to the uniform numbering system of the code.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 17 day of July , 2013.
Mayor Neugent Yes a
Mayor Pro Tem Carruthers Yes w
Commissioner Murphy Yes
mmissioner Rice Yes
k issioner Kolhage
0
BOARD OF COUNTY COMMISSIONER
HEAVILIN, rk OF MONROE COUNTY, FLORIDA"
ffJ � B A -MV-
ClerkMayor Chairperson
MONROE COUNTY ATTORNEY
A , ROV .DAS TO FO M:
ALL
ASSIS J YNTHIA
NT COUNTY ATTORNEY
Date S ^3f - 2,00
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03 0- .2013 Ad#549934
NOTICE OF INTENTION TO
THE REPORTER CONSIDERADOPTION OF
COUNTY ORDINANCE
P.O. Box 1197, Tavernier, Fl 33070 NOTICE IS HEREBY GIVENTO WHOM IT MAY CON-
92655 Overseas Hwy, Tavernier Fl 33070 CERN that on July 17,2013 at 1
Phone 305- 852-3216,Fax 305- 852-0199 3:00 P.M.,or as soon there- 1
after as may be heard,at the
Harvey Government Center,
1100 Truman Avenue,Key
PROOF OF PUBLICATION West,Monroe County,Flori-
da,the Board of County Com-
missioners of Monroe County,
Florida, intends to consider the
STATE OF FLORIDA adoption of the following Coun-
COUNTY OF MONROE tyordinance:
Before the undersigned authority personally appeared AN ORDINANCE RELATING
WAYNE MARKHAM who on oath, says that he is TO HOMESTEAD TAX EX-
EMPTIONS FOR SENIORS;
PUBLISHER of the THE REPORTER, a weekly CREATING SECTION 23-42
newspaper published in Tavernier, in Monroe OF THE MONROE COUNTY
CODE;GRANTING AN
County, Florida: that the attached copy of TIONA HOMESTEAD EX-DI-
advertisement was published in said newspaper in the EMPTION EQUAL TO THE
PROPERTY'S ASSESSED
issues f: (date(s)of publication) VALUE,FOR PERSONS AGE
�/� 65 AND OLDER WHO HAVE
,AI///1/D �{// LEGAL OR EQUITABLE
(f TITLE TO REAL ESTATE
WITH A JUST MARKET VAL-
UE LESS THAN$250,000.00
AND A HOUSEHOLD IN-
COME THAT DOES NOT EX- '
CEED$27,030;REQUIRING
Affiant further says that the said THE REPORTER is DELIVERY OF THE ORDI-
a newspaper published at Tavernier, in said Monroe NANCE TO PROPERTY AP-
PRAISER; PROVIDING FOR
County, Florida, and that the said newspaper has SEVERABILITY; PROVIDING
heretofore been continuously published in said FOR THE REPEAL OF ALL
INCONSIS-
Monroe County, Florida, each week (on Friday) and TTENTNANCES HEREWITH;PROVID-
has been entered as a second class mail matter at the ING FOR INCORPORATION
INTO THE MONROE COUN-
post office in Tavernier, in Monroe County, Florida, TY CODE OF ORDINANCES;
for a period of one year next preceding the first AND PROVIDING AN EFFEC-
publication of the attached copy of advertisement. TIVE DATE.
The affiant further says that he has neither paid nor Pursuant to Section 286.0105,
promised any person, firm, or corporation any Florida Statutes,notice is giv-
discount, rebate, commission or refund for the en that if a person decides to
appeal any decision made by
purpose of securing this advertisement for the Board with respect to any
matpublication in the said newspaper(s) and that The hearingsreror consideredat meetings,such
or he will
THE REPORTER is in full compliance with Chapter need a record of the proceed-
50 of the Florida State Statutes on Legal and Official ings,and that,for such pur-
pose, he may need to ensure
Advertisements. that a verbatim record of the
proceedings is made,which
record includes the testimony
and evidence upon which the
appeal is to be based.
Wayne Mar am ublisher ADA ASSISTANCE:If you
are a person with a disability
who needs special accom-
modations in order to partici-
Sworn to subscrib before me pate in this proceeding,
this 4please contact the County
, Day of ,2013 Administrator's Office,by
(SEAL) phoning(305)292-4441,be-
i tween the hours of 8:30 a.m.
-5:00 p.m.,no later than five
i t. � ').Lr 1i U i O NUW (5)calendar days prior to the
(5- 6?--Ze)(1,-. 13 '� 1,��3 1'� scheduled meeting; if you
are hearing or voice
Notary impaired,call"711".
' Dated at Key West, Florida,
LI :I Nd 7 p Z 11(fi11r EIOZ this 19th day of June,2013.
any:. AMY HEAVILIN,Clerk of the
t BEVERLY TRAEGER 1. O 3 A .,i a j Cj J 1 I
_� '" 'fi= 1 Circuit Court and ex officio
IV_• '� ;. MY COMMISSION M DD 969749 Clerk of the Board of County
.-,� o EXPIRES:April 18,2014 Commissioners of Monroe
''4,4 hd;' Bonded Thru Notary Public Underwriters County,Florida
Published June 28,2013
The Reporter
Tavernier, FL 33070
Ad#549933
—.--- ..FLORIDA KEYS NOTICE OF INTENTION TO
.„! '•_ CONSIDERADOPTION OF
j •L • COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
CON-
Published Twice Weeklya NHOMon IT y 17,2013 at
� c July
Marathon, Monroe County, Florida 3:00 P.M.,or as soon there-
after as may be heard,at the
Harvey Government Center,
11PROOF OF PUBLICATION W Key
Wess Trumant,Monroe County
,Flori-
da,the Board of County Com-
missioners of Monroe County,
Florida,intends consider
STATE OF FLORIDA adoption of the following C uhn-
COUNTY OF MONROE tyordinance:
Before the undersigned authority person- AN ORDINANCE RELATING '
TO HOMESTEAD TAX ally appeared WAYNE MARKHAM who on EMPTIIONS FOR SENIORS;
oath, says that he is PUBLISHER of the CREATING SECTION 23-42
FLORIDA KEYS KEYNOTER, a twice OF THE MONROE COUNTY
CODE;GRANTING AN ADDI-
weekly newspaper published in Marathon, TIONAL HOMESTEAD EX-
in Monroe County, Florida: that the PROPERTEQUAL
S ASSESSED
attached copy of advertisement was VALUE,FOR PERSONS AGE
65 AND OLDER HO
published in said newspaper in the issues LEGAL OR EQUITAB EAVE
of: (date(s) of publication) TITLE TO REAL ESTATE
/1 WITH A JUST MARKET VAL-
UE LESS THAN$250,000.00
� �(.l � �J�j AND A HOUSEHOLD IN-
COME THAT DOES NOT EX-
CEED$27,030;REQUIRING
DELIVERY OF THE ORDI-
NANCE TO PROPERTY AP-
PRAISER; PROVIDING FOR
Affiant further says that the said FLORIDA SEVERABILITY; PROVIDING
REPEAL OF
KEYS KEYNOTER is a newspaper published ORDINANCES INCONSIS-L
at Marathon, in said Monroe County, TENT HEREWITH; PROVID-
ING FOR Florida, and that the said newspaper has INTO THE MONROERCOUN
heretofore been continuously published in TY CODE OF ORDINANCES;
EFFEC-
said Monroe County, Florida, wice each AND PROEIDING AN TIVE DATE.
week (on Wednesday and Saturday) and
05,
has been entered as a second class mail Pursuantlorida atto tes,Section notice28 is iv-
Florida Statutes, is giv-
matter at the post office in Marathon, in en that if a person decides to
apMonroe County, Florida, or aperiod of the Boardl any with decisionp made by
the respect to any
one year next preceding the first matter considered at such
publication of the attached copyof hearingsda record or m of the oh will
need a of proceed-
advertisement. The affiant further says Ings,and that,for such pur-
pose,that he has neitherpaid norpromised any he may need to ensure
that a verbatim record.of the
person, firm, or corporation any discount, proceedings is made,which
record includes the testimony
rebate, commission or refund for the and evidence upon which the
purpose of securing this advertisement for appeal is to be based.
publication in the said newspaper(s) and ADA ASSISTANCE:If you
that The Florida Keys Keynoter is in full are a person with a disability
who needs special accom-
compliance with Chapter 50 of the Florida modations in order to partici-
State Statutes on Legal and Official pate in this proceeding,
please contact the County
Advertisements. Administrator's Office,by
phoning(305)292-4441,be-
tween the hours of 8:30 a.m.
5:00 p.m.,no later than five
�. :_).4(5)calendar days prior to the
' 1 ")'1 scheduled meeting;if you
Sworn to a subs ' ed before me are hearing or voice
this .D0 D of !7• ' , 2013 impaired,call"711".
(SEAL) ated at Key West, Florida,
eh :h wd 9Z lfV E lmis 19th day of June,2013.
gfr,(7 PL'�-L, MY HEAVILIN, Clerk of the
/ ;7 k1 0 3�.1 u O j u ; jircuit Court and ex officio
W Clerk of the Board of County
Notary / ` Commissioners of Monroe
rt 1. BEVERLYTRAEGER County, Florida
-•• di% .•_ MY COMMISSION#DD 969749 Published June 29,2013
s.r-�%dI EXPIRES:April 18,2014'' t Florida Keys Keynoter
or Bonded Thru Notary Public Underwriters
yr ivi I CIV I IUN I U
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on July 17,2013 at 3:00 P.M.,or
as soon thereafter as may be
heard,at the Harvey lrµl'T STATE OF FLORIDA
Government EN•
Center,ye 1100,Monroe
n Avenue, EN COUNTY OF MONROE
Key West,Monroe County, E,�NM
Florida,the Board of County LC
Commissioners of Monroe
County,
Florida,intends to consider the Before the undersigned authority personally appeared Tommy Todd, who on
adoption of the following County
ordinance: oath says that he is Advertising Director of the Key West Citizen, a daily
AN ORDINANCE RELATING TO newspaper published in Key West, in Monroe County, Florida; that the
HOMESTEAD TAX attached copy of advertisement,being a legal notice in the matter of
EXEMPTIONS FOR SENIORS;
CREATING SECTION 23-42 OF
THE COUNTY CODE; ^ \v�� Oa-
- d GRANTING
AN ADDITIONAL /L PiN Q,N /-i (/ f M Ake--
HOMESTEAD EXEMPTION
EQUAL TO THE PROPERTY'S A \ ` , I ilom e 5)-�fd e-Ye o,v 6 l_62 Q 0°--
PERSONS ASSESSED VALUE,FOR f "',(((„ttt J AGE 65 AND OLDER OrIJ/�
WHO HAVE LEGAL OR
EQUITABLE TITLE TO REAL
ESTATE WITH A JUST MARKET was newspaper in said in the issue(s) of
VALUE LESS THAN$250,000.00 published
AND A HOUSEHOLD INCOME
THAT DOES NOT EXCEED (�
$27,030;REQUIRING IJ 2 ,S ao 1 3 •
DEIVERY i
OF THE ORDINANCE TO
PR PERTY D NG FOR APPRAISER;
PROVIDING Affiant further says that the Key West Citizen is a newspaper published in
SEVERABILITY;PROVIDING Key West, in said Monroe County, Florida and that the said newspaper has
FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT heretofore been continuously published in said Monroe County, Florida every
HEREWITH;PROVIDING FOR day, and has been entered as second-class mail matter at the post office in Key
MONROE INCORPORATION INTO
COUNTY
CODE OF West, in said Monroe County, Florida, for a period of 1 year next preceding
ORDINANCES;AND
PROV DING the first publication of the attached copy of adv Bement; and affiant further
AN EFFECTIVE DATE. says that he has neither paid nor promised y perso , firm or corpora i any
Pursuant to Section 286.0105, discount, rebate, commission or re d for the ose of secur g this
Florida Statutes, notice is given
that if a person decides to appeal advertisement for publication in the aid newspaper
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 S1 of Affiant
that a verbatim record of the
proceedings is made,which
record
includes the testimony and
esvidence upon which the appeal Sworn and subscribed before me this 2_,V day of 0 tIA., , 2013
to be based.
ADA ASSISTANCE:If you are a
person with a disability who �.cmty DAWN KAWZINS'<Y
needs Notary Public: • NOTARY I LIQ
special accommodations in order f STATE OFMOf3A
to participate in this proceeding,
please contact the County
Administrator's Office, by phoning �� f e31 -'Eomm#E 72
(305)292-4441,between the ) / 41
s�NCE 1°'�8 Expires 1201 �
hours of 8:30 a.m.-5:00 p.m., no —rl
later than five(5)calendar days _ O
prior to the scheduled meeting;ifCD
you are hearing or voice Dawn Kawzinsky
caimp lla7111". Expires: 1/4/16 Notaryi eal x rT
_ . W C7
Dated at Key West,Florida,this O
19th day of June,2013. --
tLil
AMY HEAVILIN,Clerk of the Personally Known_ x Produced Identification
Circuit Court and ex officio Clerk
of Type of Identification Produced
the Board of County
Commissioners of Monroe
County,
Florida
June 28,2013
Key West Citizen
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
August 15, 2013
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7011 -3500- 0002 - 0450 -4206
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 030 -2013 creating Monroe County Code
Chapter 23 -42, creating an additional homestead exemption to certain persons 65 or older, as allowed
pursuant to F.S. 196.075, as voted on by the citizens of Florida in the November 2012 elections.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on July 17, 2013. Please file for the record. Should you have
any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
by: Vitia Fernandez, D.C.
cc: County Attorney via e-mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e -mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
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PS Form :r. August 2 006 See Reverse for instructions
ur
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits,
1. Article Addressed to:
,4 - . Uz Clvud
a � /3 T /lahasse, 2399
A. Signature
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DEP ❑ Addressee
B. Received by (Printed Name) C. Date of Delivery
AUG 19 1013
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
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PS Form 3811. February 2004 Domestic Return Receipt 102595 - 02 - - 1540
RICK SCOTT
Governor
August 19, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Vitia Fernandez, Deputy Clerk
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated August 15, 2013 and certified copies of Monroe County Ordinance Nos. 025 -2013, 029 -2013, 030-
2013 and 031 -2013, which was filed in this office on August 19, 2013.
Since ely,
Liz Cloud
Program Administrator
LC /elr
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us