Miami-Dade Legislative Item
File Number: 052620
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File Number: 052620 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1168-05 Control: County Commission
File Name: HOMEOWNERS 55 & OLDER SAVE OUR HOMES REPLACEMENT HOMES Introduced: 9/12/2005
Requester: NONE Cost: Final Action: 10/18/2005
Agenda Date: 10/18/2005 Agenda Item Number: 11A7
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT A JOINT RESOLUTION TO PLACE ON THE STATEWIDE BALLOT A CONSTITUTIONAL AMENDMENT PROVIDING HOMEOWNERS AGE 55 AND OLDER OR WHO ARE TOTALLY AND PERMANENTLY DISABLED A ONE-TIME TRANSFER OF THE “SAVE OUR HOMES” ASSESSED VALUE IN THEIR PRESENT HOMESTEAD PROPERTIES TO SMALLER, LESS EXPENSIVE REPLACEMENT HOMES IN THE SAME COUNTY WITHIN ONE YEAR OF THE SALE [SEE ORIGINAL ITEM UNDER FILE NO. 052457]
Indexes: DISABLED
  HOME PROGRAM
  SENIOR CITIZENS
Sponsors: Katy Sorenson, Prime Sponsor
  Bruno A. Barreiro, Co-Sponsor
  Dr. Barbara Carey-Shuler, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Natacha Seijas, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 10/18/2005 11A7 Adopted P

Intergov., Recreation & Cultural Affairs Cmte. 9/14/2005 2Q SUB Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Monica Maldonado read the title of the foregoing proposed resolution into the record. Commissioners Sorenson and Gimenez provided a brief explanation regarding the intent of the foregoing proposed resolution. Chairwoman Heyman asked Mr. Joe Rasco, Director, Office of Intergovernmental Affairs (OIA) to ensure that this resolution was included as a legislative priority and that it was presented for public consideration, not withstanding efforts underway by the Florida Legislature to restrict additional constitutional amendments. In response to Commissioner Sorenson’s request that Chairman Martinez be asked to waive the Committee's rules of procedures to allow the foregoing proposed resolution to be heard at the September 22, 2005, Board meeting, Chairwoman Heyman noted that Chairman Martinez had distributed a memorandum encouraging committee chairs to limit the number of waivers requested. She stated that Mr. Rasco would direct his staff to include this resolution as part of Miami-Dade County’s legislative priorities. Chairwoman Heyman asked that Mr. Rasco ensure that the concerns raised by Commissioners Moss and Jordan relating to providing municipalities with appropriate notification of this resolution and an opportunity to respond to it were addressed before it was submitted for the County Commission’s approval. She also asked that each of the IRCAC members be copied on any correspondence sent to municipalities. Chairwoman Heyman asked Assistant County Attorney Monica Maldonado to report to the committee members before the September 22, 2005, Board meeting the appropriate public hearing dates for this ordinance.

County Manager 9/13/2005 Additions Intergov., Recreation & Cultural Affairs Cmte. 9/14/2005

County Attorney 9/12/2005 Assigned Intergov., Recreation & Cultural Affairs Cmte. 9/14/2005

County Attorney 9/12/2005 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT A JOINT RESOLUTION TO PLACE ON THE STATEWIDE BALLOT A CONSTITUTIONAL AMENDMENT PROVIDING HOMEOWNERS AGE 55 AND OLDER OR WHO ARE TOTALLY AND PERMANENTLY DISABLED A ONE-TIME TRANSFER OF THE “SAVE OUR HOMES” ASSESSED VALUE IN THEIR PRESENT HOMESTEAD PROPERTIES TO SMALLER, LESS EXPENSIVE REPLACEMENT HOMES IN THE SAME COUNTY WITHIN ONE YEAR OF THE SALE

BODY
WHEREAS, property values in Miami-Dade County have increased dramatically over the past decade; and
WHEREAS, the “Save Our Homes” provision of the Florida Constitution, Article VII, Section 4(c)(1), provides that the annual increase in assessed value of homestead property shall not exceed the greater of three (3) percent or the rate of inflation, whichever is lower; and
WHEREAS, the “Save Our Homes” provision has resulted in the assessed value of homestead property rising at a far lower rate than the market value of such property; and
WHEREAS, particularly in the case of long-term homeowners, this growing difference between the market value and the assessed value has resulted in assessed values that can be less than half the market value of the property; and
WHEREAS, “Save Our Homes” has played an important role in keeping property tax increases from driving people from their homes as property values have increased; and

WHEREAS, under current law, this “Save Our Homes” assessment limitation is lost when a homeowner moves to a new home because the new property is assessed at its then-current value; and
WHEREAS, this loss of the “Save Our Homes” assessment limitation has had the unintended consequence of discouraging people from moving when their housing needs change, because even if they are moving to a smaller and less expensive home, townhouse or condominium unit, their property taxes could double or triple; and
WHEREAS, this effect frequently arises in the context of owners of large homes who are 55 and older and whose children have reached adulthood and moved out; and
WHEREAS, this effect also arises in the context of those who become totally and permanently disabled thus dramatically changing their housing needs; and
WHEREAS, while smaller homes, townhouses, condominium or otherwise differently-configured units might be more appropriate for these “empty-nest” and disabled homeowners with changing needs, having to give up their “Save Our Homes” assessment limitation in their current homes discourages many such homeowners from moving to more appropriately-sized housing; and
WHEREAS, such a narrow “empty nest” proposal would allow homeowners 55 and older to downsize without having the significant negative effects on local government revenues of general proposals that allow the portability of “Save Our Homes” assessment limitation under all circumstances; and
WHEREAS, allowing “empty nesters” to downsize to smaller homes also serves to open up a supply of larger homes for younger families with children living at home who are currently in need of such large homes,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board urges the Florida Legislature to enact a joint resolution to place on the statewide ballot a constitutional amendment allowing homeowners age 55 and older or who have a total and permanent disability a one-time transfer of the “Save Our Homes” assessed value in their present homestead properties to smaller, less expensive replacement homes in the same county within one year of the sale.
Section 2. The Clerk of the Board is directed to transmit a certified copy of this resolution to the Chair and members of the Miami- Dade County State Legislative Delegation.
Section 3. This Board directs the County's state lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2006 State Legislative Package.



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