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HomeMy Public PortalAbout2000-14 Relating to Additional Homestead Exemption for Certain Qualifying Senior CitizensORDINANCE NO. 2000-14 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RELATING TO AD VALOREM TAXATION; PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED BY THE VILLAGE, PROVIDING REQUIREMENT OF ANNUAL APPLICATION AND SUBMISSION OF SUPPORTING DOCUMENTATION; PROVIDING FOR WAIVER OF EXEMPTION; PROVIDING FOR AN ANNUAL INCREASE IN THE INCOME LIMITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, on November 3, 1998, voters approved an amendment to the Florida Constitution providing for an increased homestead exemption to certain qualifying senior citizens; and WHEREAS, this Village Council desires to implement the additional homestead exemption for qualifying senior citizens in accordance with the provisions of Section 196.075 of the Florida Statutes, as created by the 1999 session of the Florida Legislature through its enactment of Chapter 99-341, Laws of Florida (1999). IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. In accordance with Section 6(f), Art. VII of the Florida Constitution and Section 196.075 of the Florida Statutes, any person 65 years of age or over who has legal or equitable title to real estate located within the Village of Key Biscayne ("Village") in Miami -Dade County and maintains thereon his/her permanent residence which residence qualifies for and receives homestead exemption pursuant to Section 6(a), Art. VII of the Florida Constitution, and whose annual household income does not exceed $20,000.00 shall be entitled to make application for an additional homestead exemption of $25,000.00. This additional homestead exemption, if granted, shall be applicable to all ad valorem tax millage rates levied by the Village. Section 2. Every person claiming the additional homestead exemption pursuant to this Ordinance must file an application therefore with the Miami -Dade County Property Appraiser no later than March 1 of each year for which such exemption is claimed. Such application shall include a sworn statement of household income for all members of the household and shall be filed on a form prescribed by the Florida Department of Revenue. On or before June 1 of each year every applicant must file supporting documentation with the Property Appraiser. Said documentation shall include copies of all federal income tax returns, wage and earning statements, and such other documentation as required by the Property Appraiser, including documentation necessary to verify the income received by all of the members of the household for the prior year. Section 3. Failure to file the application and sworn statement by March 1 or failure to file the required supporting documentation by June 1 of any given year shall constitute a waiver of the additional exemption privilege for that year. Section 4. This additional exemption shall be available commencing with the year 2001 tax roll, and the Property Appraiser is requested to accept applications and sworn statements for the year 2001 tax roll upon adoption of this Ordinance. Section 5. In accordance with Section 196.075(3), Fla. Stat., commencing January 1, 2001, and each January 1 thereafter, the $20,000.00 annual income limitation in this Ordinance shall be adjusted annually. The annual income limitation shall be adjusted by the percentage of change in the average cost -of -living index for the immediately preceding calendar year compared with the average cost -of -living index for the calendar year immediately prior to that year. As used herein "index" shall be the average of the monthly consumer -price index figures for the stated period, for the United States as a whole, issued by the United States Department of Labor. 2 Section 6. The Village Clerk shall, after adoption of this Ordinance, but prior to December 1, 2000, deliver a copy of this Ordinance to the Miami -Dade County Property Appraiser. Section 7. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 8. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 14th day of November, 2000. PASSED AND ADOPTED on second reading this 28th day of November, 2000. CONCHITA ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 41 RICHARD JAY WEISS, VILLAGE ATTORNEY 103001\ordinances\additional homestead exemption for senior citizens MAYOR JOE I. RA CO 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING NOV. 28, 2000 ORDINANCE RELATING TO AD VALOREM TAXATION in the XXXXX Court, wasSuublishelf in sakci),.n mpaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm • r corporatio . ny discount, rebate, com- mission or ref d for t - ose f securing this advertise- ment for pu spaper. (SEAL) Octelma V. Ferb subscribed ribed before me this_2000 1 :Y Pte- MARIA I. MESA =.;• �: •x= MY COMMISSION # CC 885640 y - lly ITAYMEt6e: f9frch 4, 2004 off ,,F.°:,,', Bonded Thru Notary Public Underwriters 'VILLAGE IEW KEY BISCA OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be consider.;: on Second Reading by the Village -Council of the Village of Key Biscayne at a meeting to be held on Tuesday, November 28, 2000 at 8:00 a.m., in.- ro .pity►rrst,tet,--Second floor,„ Key Biscayne. Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RELATING TO AD VALOREM TAXATION; PROVID- ING FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED BY THE VILLAGE, PROVIDING REQUIREMENT OF ANNUAL APPLICATION AND SUBMIS- SION OF SUPPORTING DOCUMENTATION; PROVIDING FOR WAIVER OF EXEMPTION; PROVIDING FOR AN ANNU- AL INCREASE IN THE INCOME LIMITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of • the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address, the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all per- sons who are disabled and who need special accommodations to partici- pate in this proceeding because of that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two busi- ness days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Comments of any interested party relative to this matter may be submit- ted in writing and or presented in person at the public hearing. 11/16 Conchita H. Alvarez, CMC Village Clerk 00-4-50/108775M