Miami-Dade Legislative Item
File Number: 161263
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File Number: 161263 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Unincorporated Municipal Service Area (UMSA) Cmte
File Name: HISTORIC PRESERVATION BOARD COMPOSITION AND MEMBER TERM Introduced: 5/25/2016
Requester: NONE Cost: Final Action: 10/11/2016
Agenda Date: 6/7/2016 Agenda Item Number: 4H
Notes: SEE 162645 FOR FINAL VERSION AS ADOPTED. ALSO SEE 161895; X-REF WITH 161916, 161917, 161920; REQUIRES 6WKS/4WKS Title: ORDINANCE RELATING TO HISTORIC PRESERVATION AND AD VALOREM TAXATION; AMENDING DEFINITION OF OWNER FOR HISTORIC PRESERVATION PURPOSES AS IT RELATES TO CONDOMINIUM AND COOPERATE PROPERTIES AND CERTAIN LAND LEASES; REVISING CRITERIA FOR APPOINTMENT OF HISTORIC PRESERVATION BOARD MEMBERS; PROVIDING FOR TERM LIMITS ON HISTORIC PRESERVATION BOARD MEMBERS; REQUIRING WAIVER OF SUCH TERM LIMITS BY ORDINANCE; REQUIRING TRAINING OF NEW BOARD MEMBERS; REQUIRING THE BOARD TO CONSIDER CERTAIN CRITERIA IN DECIDING WHETHER TO DESIGNATE CERTAIN SITES; REQUIRING DESIGNATION REPORTS TO INCLUDE ADDITIONAL FACTORS; PROVIDING AN AD VALOREM TAX EXEMPTION FOR CERTAIN HISTORIC PROPERTIES USED FOR COMMERCIAL OR NONPROFIT PURPOSES; MAKING TECHNICAL CHANGES; AMENDING SECTIONS 16A-4, 16A-6, 16A-10, AND 16A-18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: HISTORIC PRESERVATION
Sponsors: Sally A. Heyman, Co-Prime Sponsor
  Jean Monestime, 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

Unincorporated Municipal Service Area (UMSA) Cmte 10/11/2016 1G1 Withdrawn
REPORT: See Agenda Item 1G1 Substitute, Legislative File No. 161895.

Unincorporated Municipal Service Area (UMSA) Cmte 9/12/2016 1G1 No action taken due to lack of a quorum

Board of County Commissioners 6/14/2016 Municipalities notified of public hearing Unincorporated Municipal Service Area (UMSA) Cmte 9/12/2016 6/7/2016

Board of County Commissioners 6/7/2016 Tentatively scheduled for a public hearing Unincorporated Municipal Service Area (UMSA) Cmte 9/12/2016

Board of County Commissioners 6/7/2016 4H Adopted on first reading 9/12/2016 P
REPORT: County Attorney Abigail Price Williams read the foregoing proposed ordinance into the record. Hearing no comments or questions the Board proceeded to vote on the foregoing ordinance, as presented. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Unincorporated Municipal Services Area Committee on Monday September 12, 2016, at 2:00 p.m.

Board of County Commissioners 5/26/2016 Requires Municipal Notification Unincorporated Municipal Service Area (UMSA) Cmte 9/12/2016

County Attorney 5/25/2016 Referred Unincorporated Municipal Service Area (UMSA) Cmte 9/12/2016

County Attorney 5/25/2016 Assigned James Eddie Kirtley

Legislative Text


TITLE
ORDINANCE RELATING TO HISTORIC PRESERVATION AND AD VALOREM TAXATION; AMENDING DEFINITION OF OWNER FOR HISTORIC PRESERVATION PURPOSES AS IT RELATES TO CONDOMINIUM AND COOPERATE PROPERTIES AND CERTAIN LAND LEASES; REVISING CRITERIA FOR APPOINTMENT OF HISTORIC PRESERVATION BOARD MEMBERS; PROVIDING FOR TERM LIMITS ON HISTORIC PRESERVATION BOARD MEMBERS; REQUIRING WAIVER OF SUCH TERM LIMITS BY ORDINANCE; REQUIRING TRAINING OF NEW BOARD MEMBERS; REQUIRING THE BOARD TO CONSIDER CERTAIN CRITERIA IN DECIDING WHETHER TO DESIGNATE CERTAIN SITES; REQUIRING DESIGNATION REPORTS TO INCLUDE ADDITIONAL FACTORS; PROVIDING AN AD VALOREM TAX EXEMPTION FOR CERTAIN HISTORIC PROPERTIES USED FOR COMMERCIAL OR NONPROFIT PURPOSES; MAKING TECHNICAL CHANGES; AMENDING SECTIONS 16A-4, 16A-6, 16A-10, AND 16A-18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 16A-4 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 16A-4. Definitions.

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(14) Owner>>(s)<< [[of a designated property]]: >>An owner is any person, organization, corporation, or other entity having a recorded fee simple interest in a building or its underlying land. When the ownership of a building has been divided into condominiums, the condominium association shall be considered the sole owner. When a building is owned by a cooperative corporation, the corporation shall be considered the sole owner. When an owner has entered into a recorded land lease for a term exceeding 75 years, which lease entitles the lessee to construct, demolish, or alter buildings on the land, the lessee shall also be considered an owner.<< [[As reflected on the current Metropolitan Miami-Dade County tax rolls or current title holder.]]


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Section 2. Section 16A-6 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 16A-6. Same—Members.

The Board shall consist of >>13<< [[thirteen (13)]] members appointed by the Board of County Commissioners. The Board of County Commissioners should attempt to appoint architects, realtors, archeologists, historians, art historians, lawyers>>, developers, contractors, engineers, economists,<< or other individuals from the business, financial and other segments of the community who, by virtue of their profession or business, have demonstrated concern for historic preservation. The Historic Preservation Board shall contain not less than one architect; one real estate [[agent]] >>professional<< or attorney at law; and one historian or architectural historian. The term of office of membership shall be >>4<< [[four (4)]] years for each member. Any vacancy occurring on the Board shall be filled by the County Commission for the remainder of the unexpired term, at the earliest possible date. Members shall be eligible for reappointment>>, but shall not serve more than 2 consecutive 4-year terms without a hiatus of at least 4 years, provided, however, that an appointment to fill an unexpired term shall not preclude that appointee from serving 2 consecutive 4-year terms thereafter, subject to waiver by a two-thirds vote of the Board of County Commissioners as provided in section 2-11.38.2. The provisions of section 2-11.38.2 that authorize the Board of County Commissioners to waive term limit restrictions by resolution adopted by a two-thirds vote of members present shall not otherwise apply, and the aforementioned term limit restrictions shall not be waived by the Board of County Commissioners except by ordinance<<. Members of the Board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their official duties, as shall be determined and approved by the County Commission. >>All new members shall receive an orientation or training upon being appointed to the Board. Except as otherwise provided in this Section,<< [[Members of the]] Board >>members<< shall be governed by >>the provisions applicable to all County boards, as set forth in Chapter 2, Article IB<< [[Section 2-11.36, et seq.]] of the Code.


Section 3. Section 16A-10 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 16A-10. Designation process and procedure.

>>In deciding whether to exercise its discretion to designate a proposed individual site, district, or archeological or paleontological zone, the Board shall consider the objective criteria set forth in subsection (1) below, as well as the factors and considerations required to be addressed in staff’s designation report pursuant to subsection (3) below, along with the evidence and testimony presented at the public hearing and any other information the Board deems relevant to its determination.<<

(>>1<<[[I]]) [[[]]Criteria.[[]]] The Board shall have the authority to designate areas, places, buildings, structures, landscape features, archeological and paleontological sites and other improvements or physical features, as individual sites, districts or archeological or paleontological zones that are significant in Miami-Dade County's history, architecture, paleontology, archeology or culture and possess an integrity of location, design, setting, materials, workmanship or association, or:

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(>>2<< [[II]]) [[[]]Properties not generally considered; exceptions.[[]]] Certain properties, which include cemeteries, birthplaces, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, properties commemorative in nature and properties that have achieved significance within the last [[fifty (]]50[[)]] years, will not normally be considered for designation. However, such properties will qualify if they are integral parts of districts that do meet the criteria, or if they fall within the following categories:

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(>>3<<[[III]]) >>Designation<<[[[Investigation and designation]] report.[[]]] Prior to the designation of an individual site, a district, or an archeological zone, [[an investigation and]] >>a<< designation report must be filed with the Board. The format of these reports may vary according to the type of designation; however, all reports must address the following: The historical, cultural, architectural or archeological significance of the property or properties being recommended for designation; a recommendation of boundaries for districts and archaeological zones and identification of boundaries of individual sites being designated; a recommendation of standards to be adopted by the Board in carrying out its regulatory function under this chapter with respect to certificates of appropriateness and certificates to dig. Where a report is filed recommending designation of a district, the report must identify those properties, if any, within the district which are not historically or architecturally compatible with structures in the district. The standards for regulating such nonconforming properties shall provide that a certificate of appropriateness may be required only for new construction on such properties. All reports shall >>also address, to the extent applicable, the following: any<< [[take into consideration]] projected, proposed or existing public improvements and developmental or renewal plans>>; any private plans for development or redevelopment of the property or area under consideration, including any new architecture or features proposed for the same location; any applicable neighborhood or community revitalization goals, plans, or objectives, including any existing policies in the local government’s comprehensive plan or other planning initiatives pertaining to, among other things, economic development, transportation, and housing; and the possible adaptive use of the property after designation, based on applicable local government zoning regulations and other building code requirements<<.


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Section 4. Section 16A-18 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:

Sec. 16A-18. Tax exemptions [[for renovations]] for historic properties.

>>(1) Tax exemptions for historic properties used for certain commercial or nonprofit purposes.

(a) Pursuant to Section 196.1961, Florida Statutes, Miami-Dade County hereby elects to provide for an ad valorem tax exemption of 25 percent of the assessed value for any property, located in the unincorporated area of the County or in a municipality over which the County exercises historic preservation jurisdiction, that meets the following statutory criteria:
(i) The property must be used for commercial or non-profit purposes;
(ii) The property must be historically designed at the local level, a contributing property to a locally-designated historic district, listed in the National Register of Historic Places, or a contributing property to a National Register Historic District; and
(iii) The property must be “regularly open to the public,” as defined by law.
To retain this ad valorem tax exemption, the historic character of the property must be maintained in good repair and condition to the extent necessary to preserve the historic value and significance of the property. Where a qualifying property is located within a municipality over which the County exercises historic preservation jurisdiction, the exemption shall only apply to taxes levied by the County. The exemption does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article VII of the Florida Constitution.

(b) Any person or entity claiming the ad valorem tax exemption provided under subsection (1)(a) above shall file an application for exemption with the Miami-Dade County Property Appraiser, describing the property for which exemption is claimed and certifying its ownership and use. The Property Appraiser shall process the application and grant the exemption if the property meets the conditions and requirements specified in Section 196.1961, Florida Statutes, as may be amended from time to time. The property shall remain eligible for the exemption for as long as the property remains in compliance with the conditions and requirements specified in the Florida Statutes, as may be amended from time to time.

(2) Tax exemptions for renovations of historic properties.<<

(a) Scope of tax exemptions. A method is hereby created for the Board of County Commissioners, at its discretion, to allow tax exemptions for the restoration, renovation, or rehabilitation of historic properties. The exemption shall apply to [[one hundred (]]100[[)]] percent of the assessed value of all improvements to historic properties which result from restoration, renovation, or rehabilitation made on or after the effective date of this ordinance. The exemption applies only to taxes levied by Metropolitan Miami-Dade County. The exemption does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article VII of the Florida Constitution. The exemption does not apply to personal property. The exemption under this ordinance does not apply to properties within a community redevelopment area previously or hereafter established pursuant to Part III of Chapter 163, Florida Statutes, by either the Board of County Commissioners of Miami-Dade County or the governing body of any city or other municipality within Miami-Dade County.

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Section 5. 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 6. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 7. This ordinance, except for Section 4 above, shall become effective 10 days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
Section 8. Section 4 of this ordinance, which provides for an ad valorem tax exemption pursuant to Section 196.1961, Florida Statutes, shall become effective on January 1, 2017.
Section 9. The Clerk of the Board is directed to provide notice to the Miami-Dade County Property Appraiser of the adoption of this ordinance, particularly Section 4 hereof, and shall transmit a copy thereof to the Property Appraiser by December 1, 2016.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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