Miami-Dade Legislative Item
File Number: 102218
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File Number: 102218 File Type: Resolution Status: Failed
Version: 0 Reference: Control: Board of County Commissioners
File Name: CONSTITUTIONAL AMENDMENT TO PROHIBIT INCREASE ASSESSED VALUE Introduced: 9/10/2010
Requester: NONE Cost: Final Action: 10/5/2010
Agenda Date: 10/5/2010 Agenda Item Number: 11A19
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO PROPOSE A CONSTITUTIONAL AMENDMENT TO PROHIBIT INCREASES IN THE ASSESSED VALUE OF HOMESTEAD PROPERTY IN ANY YEAR IN WHICH THE MARKET VALUE OF SUCH PROPERTY DECREASES
Indexes: LEGISLATURE
  URGING
Sponsors: Rebeca Sosa, Prime Sponsor
  Sen. Javier D. Souto, Co-Sponsor
  Jose "Pepe" Diaz, Co-Prime Sponsor
  Carlos A. Gimenez, Co-Prime Sponsor
  Joe A. Martinez, Co-Prime 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 10/5/2010 11A19 Adopted F
REPORT: Chairman Martinez and Commissioner Diaz asked to be listed as co-sponsors.

Board of County Commissioners 9/21/2010 11A14 Deferred 10/5/2010 P
REPORT: The Board deferred the foregoing proposed resolution to the Board of County Commissioners meeting scheduled for October 5, 2010, as requested by Commissioner Sosa, the sponsor.

County Attorney 9/10/2010 Assigned Jess M. McCarty 9/13/2010

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO PROPOSE A CONSTITUTIONAL AMENDMENT TO PROHIBIT INCREASES IN THE ASSESSED VALUE OF HOMESTEAD PROPERTY IN ANY YEAR IN WHICH THE MARKET VALUE OF SUCH PROPERTY DECREASES

BODY
WHEREAS, in 1992, Florida voters passed the “Save Our Homes” provision of the Florida Constitution, which limits the amount that the assessed value of a homestead property can increase annually to the lesser of three percent or the Consumer Price Index (CPI); and
WHEREAS, in 1994, the Legislature implemented the “Save Our Homes” amendment; and
WHEREAS, in 1995, the Governor and the Cabinet adopted an administrative rule related to “Save Our Homes”, popularly known as the “recapture rule”, which requires property appraisers to increase the prior year’s assessed value of a homestead property by the lower of three percent or the CPI on all property when the value is lower than the market value; and
WHEREAS, this requirement applies even if the market value of the homestead property has decreased from the prior year; and
WHEREAS, the recapture rule results in homestead property owners protected by “Save Our Homes” seeing an increase in the assessed value of their home in years in which the market value of their property has decreased; and
WHEREAS, in such years, this increase in assessed value for homestead properties can potentially translate into an increase in property taxes from the prior year; and
WHEREAS, this increase in assessed value should be viewed against the backdrop of the protection “Save Our Homes” has provided longtime homeowners from the rapid increases in property values when home values were rising quickly; and
WHEREAS, nonetheless, as home values in Miami-Dade County have declined in the last several years, some long-time homestead property owners are seeing increases in assessed value of their homes based on the recapture rule; and
WHEREAS, for the current year, homestead property owners protected by “Save Our Homes” have seen a 2.7 percent increase in the assessed value of their homes under the recapture rule even though the market value of their homes may have declined; and
WHEREAS, in the last several sessions, the Florida Legislature has considered joint resolutions that would propose constitutional amendments to overturn the recapture rule and prohibit increases in the assessed value of homestead property in any year in which the market value of the property decreases; and
WHEREAS, during the 2010 session, the Legislature considered Senate Joint Resolution 718 by Senator Mike Fasano, House Joint Resolution 27 by Representative Anitere Flores and House Joint Resolution 39 by Representative Marcelo Llorente, but these joint resolutions did not pass; and
WHEREAS, passage of a joint resolution proposing a constitutional amendment to overturn the recapture rule and prohibit increases in the assessed value of homestead property in any year in which the market value of the property decreases would provide needed property tax relief particularly during these difficult economic times to longtime homestead property owners, a significant number of whom are elderly and on fixed incomes,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to pass a joint resolution proposing a constitutional amendment to prohibit increases in the assessed value of homestead property in any year in which the market value of the property decreases.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Miami Dade County State Legislative Delegation.
Section 3. Directs the County's state lobbyists to advocate for the legislation set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2011 State Legislative Package to include this item.



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