HomeMy WebLinkAboutO-04-02ORDINANCE NO. 0-04-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
CITY CODE CHAPTER 2, ARTICLE IV, AD~k[INISTRATION: FI?vANCE,
TO CREATE DIVISION 3, ADDITIONAL HOMESTEAD EXEMPTION AT
AGE SU~TY-~FIVE; PROVIDING FOR SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, Article VII, Section 6(0 of the constitution of the State of Florida
authorizes the legislature, by general laxv, to allow counties or mtmicipalities to grant m~
additional homestead tax exemption not exceeding twenty-five thousand dollars ($25,000) to
any person who has the legal or equitable title to real estate and maintains thereon the
permas~ent residence of the owner and who has attained age sixty-five and whose household
income does not exceed twenty thousand dollars as adjusted periodically for changes in the
cost of living; and
WHEREAS, Section 196.075, Florida Statutes authorizes a municipali~ to adopt
an ordinance to allow an additional homestead exemption of up to $25,000 for any person
who has the legal or equitable title to real estate and maintains thereon the permanent
residence of the owner, who has attained age 65, and whose household income does not
exceed $20,000 as adjusted for changes in the cost of living; and
WItEREAS, the City Council elects to implement the additional homestead
exemption pursuant to Article VII, Section 6(f) of the Florida Constitution, and Section
196.075, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section I. SENIOR HOMESTEAD ENACTED. That Chapter 2, Article Dy' of
the City Code, City of Sebastian, Florida, ADMINISTRATION: Finance is hereby amended
to create Division 3. ADDITIONAL HOMESTEAD EXEMPTION AT AGE SIXTY-FIVE
consisting of Sections 2-121 through 2-123, to read as follows:
See. 2-121. Definitions.
For the purposes of this Ordinance, the followin_o terms shall have the
meaninzs indicated below:
a. "Household" means a person or ~oan ofuersons livina toaether in a
room or re:our of rooms as a housin~ unit, but the term does not include
persons boardina in or renting a portion of a dwelling.
b. "Household income" means that the adiusted Toss income, as defined
in s. 62 of the United States Internal Revenue Code. of all members of a
household,
c. "Property Appraiser" means the Indian River County Property
Appraiser.
Sec. 2-122. Additional Homestead Exemntion.
Pursuant to the provisions of Section 196.075, Florida Statutes, beqinninv
January 1, 2005, an additional homestead exemption in the amount of twenty-
five thousand dollars ($25,000) which additional homestead exemption
applies only to taxes levied by the City of Sebastian, shall be allowed for any
person who has legal or equitable title to real estate and maintains thereon the
permanent residence of the owner, who has attained a~e sixty-five (65~. whose
household income does not exceed twenty thousand ($20.000) as such amount
has been adjustment in accordance with Fla. Stat. Section 196.075 (3) and who
submits to the Property ADuraiser a sworn statement of household income as
reouired hereafter.
See. 2-123. Annual submittal required,
A taxvaver claimine the exemption must submit to the Property
A~uraiser, not later than March 1 of each year, a sworn statement of household
income on a form prescribed bv the Florida Department of Revenue.
Section 2. SEVERABILITY. If any section, paragraph, sentence, clause or phrase
of this Ordinance is held by a court of competent jurisdiction to be invalid or
unconstitutional, such holding shall not affect the validity of the remaining portions of this
Ordinance.
Section 3. EFFECTIVE DATE. Except as otherwise provided herein, this
Ordinance shall take effect upon adoption.
The forgoing Ordinance was moved for adoption by Councilmember Coniglio
The motion was seconded by Councilmember Barczyk and, upon being put to a
vote, the vote was as follows:
Mayor Nathan B. McCollum aye
Vice-mayor Joe Barczyk aye
Councilmember Ray Coniglio aye
Councilmember Mike Heptinsrall aye
Councilmember Lisarme Monier aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 24P~h
March, 2004.
__ day of
ATTEST:
Sally A. M0i~, CMC
City Clerk'
CITY OF SEBASTIAN, FLORIDA
Mayor Nathan B. McCollum
Approved as to form and content for
reliance by the City of Sebastian only:
Ricl~ Stringer, Cit~ ~Itomey