Miami-Dade Legislative Item
File Number: 180345
   Clerk's Official Copy   

File Number: 180345 File Type: Ordinance Status: Adopted as amended
Version: 0 Reference: 18-12 Control: County Commission
File Name: SPECIAL TAXING DISTRICT Introduced: 2/16/2018
Requester: NONE Cost: Final Action: 2/6/2018
Agenda Date: 2/6/2018 Agenda Item Number: 7E
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 172561. Title: ORDINANCE RELATING TO SPECIAL TAXING DISTRICTS; AMENDING SECTION 18-20.2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING ALL SELLERS OF REAL PROPERTY LOCATED WITHIN A SPECIAL TAXING DISTRICT TO DISCLOSE TO BUYERS ON ANY INSTRUMENT CONVEYING TITLE THAT SUCH REAL PROPERTY IS LOCATED WITHIN A SPECIAL TAXING DISTRICT AND SUBJECT TO THE PAYMENT OF ASSESSMENTS; REQUIRING SUCH SELLERS TO RECORD BUYERS’ WRITTEN ACKNOWLEDGEMENT IN PUBLIC RECORDS OF MIAMI-DADE COUNTY; PROVIDING FOR DELAYED IMPLEMENTATION; DIRECTING THE COUNTY MAYOR OR DESIGNEE TO PROVIDE NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO REAL ESTATE INDUSTRY AND PROVIDE A REPORT TO THE BOARD; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 172561]
Indexes: SPECIAL TAXING DISTRICT
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Daniella Levine Cava, Co-Sponsor
  Barbara J. Jordan, 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

County Attorney 2/16/2018 Assigned Jorge Martinez-Esteve 2/16/2018

Board of County Commissioners 2/6/2018 7E AMENDED Adopted as amended P
REPORT: First Assistant County Attorney Geri Bonzon Keenan read into the record the title of the foregoing proposed ordinance. Commissioner Jordan asked to be listed as a co-sponsor. The Board amended this ordinance to make the following changes: 1. To delete on handwritten page 5, in the title, the words "within real estate contracts and;" 2. To delete on handwritten page 5, in the second recital, the words "the execution of a purchase contract and;" 3. To delete on handwritten page 6, in the sixth recital, the words "both the real estate contract and;" 4. To delete on handwritten page 7, any interlineation within subsection (b), which shall therefore remain as currenlty written in the Code.

Legislative Text


TITLE
ORDINANCE RELATING TO SPECIAL TAXING DISTRICTS; AMENDING SECTION 18-20.2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING ALL SELLERS OF REAL PROPERTY LOCATED WITHIN A SPECIAL TAXING DISTRICT TO DISCLOSE TO BUYERS ON ANY INSTRUMENT CONVEYING TITLE THAT SUCH REAL PROPERTY IS LOCATED WITHIN A SPECIAL TAXING DISTRICT AND SUBJECT TO THE PAYMENT OF ASSESSMENTS; REQUIRING SUCH SELLERS TO RECORD BUYERS� WRITTEN ACKNOWLEDGEMENT IN PUBLIC RECORDS OF MIAMI-DADE COUNTY; PROVIDING FOR DELAYED IMPLEMENTATION; DIRECTING THE COUNTY MAYOR OR DESIGNEE TO PROVIDE NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO REAL ESTATE INDUSTRY AND PROVIDE A REPORT TO THE BOARD; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 172561]

BODY
WHEREAS, this Board has the exclusive authority to approve the establishment of special taxing districts within the boundaries of Miami-Dade County (�County�) pursuant to Section 1.01 (A) (11) of the County�s Home Rule Charter and Chapter 18 of the Code of Miami-Dade County, Florida; and
WHEREAS, this Board recognizes that there is a need to provide adequate and full disclosure about special taxing districts, including the requirement to pay annual assessments, to all potential purchasers of real property located within a special taxing district prior to the final sale of the real property; and
WHEREAS, by the enactment of section 18-20.2 of the Code, this Board has previously required developers of new residential property located within a special taxing district to disclose the existence of a special taxing district within the real estate contract; and
WHEREAS, these existing requirements do not provide adequate notice to subsequent purchasers of real property that a property is subject to the payment of an annual assessment for the improvements or services provided by a special taxing district; and
WHEREAS, this Board wishes to avoid the potential hardship to property owners who acquire property without knowing that it is subject to such annual assessments; and
WHEREAS, providing notice to all buyers of real property, both residential and non-residential, that property is located within a special taxing district within the instrument conveying title will ensure that such buyers will be on notice of the actual costs of owning the property,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitals are true and correct and are incorporated herein by reference.
Section 2. Section 18-20.2 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 18-20.2. � Notice to purchasers of [[new residential]] property.

(a) Definition. The term "[[new residential]] property" as used in this section shall mean any >>real property located within a special taxing district created, or pending creation by an ordinance proposed to the Board of County Commissioners, pursuant to this chapter<<[[and all undeveloped land zoned for residential use and any and all residential dwelling units not previously sold for the purpose of individual owner occupancy.]]

(b) Notice to purchasers. It shall be the obligation of a seller of new residential property to provide the purchaser thereof with notice either of the existence of a special district created pursuant to this chapter or of a proposed ordinance to create such a district. The notice required by this section shall be set forth in the contract for sale and purchase of the new residential property and shall be in substantially the following form:

THE PROPERTY WHICH IS THE SUBJECT OF THIS TRANSACTION IS LOCATED WITHIN ____________ SPECIAL TAXING DISTRICT CREATED BY MIAMI-DADE COUNTY (OR PROPOSED TO THE BOARD OF COUNTY COMMISSIONERS) FOR THE PURPOSE OF PROVIDING LOCAL IMPROVEMENTS AND SERVICES IN THE NATURE OF ____________ . THE COSTS FOR PROVIDING SUCH IMPROVEMENTS AND SERVICES SHALL BE PAID BY SPECIAL ASSESSMENTS LEVIED AGAINST PROPERTIES WITHIN THE DISTRICT. SAID SPECIAL ASSESSMENTS MAY BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS AD VALOREM TAXES.

>>(c) Acknowledgment of special taxing district disclosure statement on instrument of conveyance. It shall be the responsibility of a seller of property that the following statement shall appear in a prominent location on the face of any instrument conveying title to property. The Seller shall record the notarized statement in the public records of Miami-Dade County maintained by the Clerk of the Court:

I HEREBY CERTIFY THAT I UNDERSTAND THAT THE PROPERTY WHICH IS THE SUBJECT OF THIS TRANSACTION IS LOCATED WITHIN ____________ SPECIAL TAXING DISTRICT CREATED BY MIAMI-DADE COUNTY (OR PROPOSED TO THE BOARD OF COUNTY COMMISSIONERS) FOR THE PURPOSE OF PROVIDING LOCAL IMPROVEMENTS AND SERVICES IN THE NATURE OF ____________ .

____________ ____________ ____________
Signature of Purchaser Date<<

Section 3. The provisions of Section 2 of this ordinance shall not be implemented until 90 days from the effective date of this ordinance.
Section 4. In order to promote awareness of these notice requirements, the County Mayor or designee shall provide notice of the enactment of this ordinance to the real estate industry, including, but not limited to: Florida Association of Realtors, the Miami Association of Realtors, the Real Property, Probate & Trust Law Section of the Florida Bar, and local real property title insurance companies. The County Mayor or designee shall provide a report regarding this directive to the Board within 60 days of the effective date of this ordinance and place the completed report on an agenda of the Board pursuant to Ordinance No. 14-65.
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 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.

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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