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HomeMy WebLinkAboutDocumentation_Regular_Tab 22_10/14/2021Agenda Item #22. Regular Council STAFF MEMO Meeting: Regular Council - Oct 14 2021 Staff Contact: Jeremy Allen, Village Manager Department: Manager ORDINANCE NO. 16-21, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE'S CODE OF ORDINANCES AT CHAPTER 70. TAXATION. ARTICLE I. IN GENERAL. TO CREATE AN ENTIRELY NEW SECTION 70-1. ENTITLED "ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS SIXTY-FIVE YEARS AND OLDER" TO AUTHORIZE AN ADDITIONAL HOMESTEAD TAX EXEMPTION FOR QUALIFYING SENIOR CITIZENS WHOSE HOUSEHOLD INCOME DOES NOT EXCEED A CERTAIN AMOUNT; PROVIDING THAT THE VILLAGE CLERK SHALL DELIVER A COPY OF THIS ORDINANCE TO THE COUNTY BY THE REQUIRED DATE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 70. TAXATION. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attached for Council's consideration on first reading is Ordinance No. 16-21, which as proposed, will authorize an additional $25,000 homestead exemption to certain income -qualified senior citizens living in the Village of Tequesta. Staff was directed to look into the possibility of granting the limited income senior citizen exemption for persons age 65 and older. Staff was able to obtain from the Property Appraiser the total number of Village residents who are currently receiving the senior homestead exemption from the County. There are currently 73 taxpayers receiving this benefit, which would equate to a potential property tax reduction of approximately $11,614, assuming that the Village grants an additional homestead exemption of $25,000. In accordance with Section 6(d), Article VII of the State Constitution, the board of county commissioners of any county or the governing body of any municipality may adopt an ordinance granting an additional homestead exemption to certain persons 65 years of age or older whose household income does not exceed a certain specified amount. The current income level for qualifying for the additional senior homestead exemption is $31,100 for the 2021 exemption year. This qualifying income amount is adjusted annually by the Florida Department of Revenue. An ordinance granting an additional homestead exemption must meet the following requirements: • (1) It must be adopted under the procedures pursuant to Chapter 166, F.S. • (2) It must specify that the exemption applies granting the exemption. • (3) It must specify the amount of the exemption. for adoption of a non -emergency ordinance only to taxes levied by the unit of government Page 251 of 293 Agenda Item #22. • (4) It must require that a taxpayer claiming the exemption for the first time submit to the Property Appraiser, not later than March 1, a sworn statement of household income on a form prescribed by the Florida Department of Revenue. • (5) The board of county commissioners or municipal governing authority must deliver a copy of the ordinance granting the additional homestead exemption to the Property Appraiser no later than December 1 of the year prior to the year the exemption will take effect. Within Palm Beach County, the municipalities that offer this exemption and the amount granted for each municipality is reflected below: Municipality/County Town of Haverhill Town of Loxa h atch ee Groves Village of Wellington Palm Beach County City of Boynton Beach City of Lake Worth Beach Town of Lantana City of Palm Beach Gardens Village of Palm Springs Town of Jupiter Village of Royal Palm Beach 2021 Exemption Amount $50)000 $50)000 $50Y000 $257000 $25,000 $25YO00 $25YO00 $25YO00 $257000 $257000 $5,000 Once the program is adopted by the Village, the additional senior citizen homestead exemption will be managed by the Palm Beach County Property Appraiser's Office. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. POTENTIAL MOTION- • REQUESTED: ! Staff recommends approval of ordinance on first reading. Ord. No 16-21 - Add'I Homestead Exemption for Persons Over 65 letter from resident re sr homestead DR501 SC sworn statement Page 252 of 293 Agenda Item #22. ORDINANCE NO. 16-21 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE'S CODE OF ORDINANCES AT CHAPTER 70. TAXATION. ARTICLE I. IN GENERAL. TO CREATE AN ENTIRELY NEW SECTION 70-1. ENTITLED "ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS SIXTY-FIVE YEARS AND OLDER" TO AUTHORIZE AN ADDITIONAL HOMESTEAD TAX EXEMPTION FOR QUALIFYING SENIOR CITIZENS WHOSE HOUSEHOLD INCOME DOES NOT EXCEED A CERTAIN AMOUNT; PROVIDING THAT THE VILLAGE CLERK SHALL DELIVER A COPY OF THIS ORDINANCE TO THE COUNTY BY THE REQUIRED DATE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 70. TAXATION. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Florida Constitution at Article VII, Section 6(d) allows municipalities the option of granting an additional homestead tax exemption to certain persons sixty-five (65) years of age or older whose household income does not exceed a certain specified amount ("qualifying senior citizens"); and WHEREAS, the Florida Legislature has adopted Section 196.075, Florida Statutes to implement the above -referenced Article VII, Section 6(d) of the Florida Constitution; and WHEREAS, Section 196.075, Florida Statutes allows municipalities to adopt an ordinance incorporating an additional homestead tax exemption for those qualifying senior citizens, provided the municipal ordinance meets specific requirements; and WHEREAS, the Village Council of the Village of Tequesta has considered the costs to the Village and the benefits to the eligible citizens regarding the provision for this additional homestead exemption and now proposes an ordinance which, if adopted, would grant qualifying senior citizens an additional $25,000 homestead exemption; and WHEREAS, this proposed ordinance meets the specific requirements for the adoption of such ordinance as set forth within Section 196.075, Florida Statutes; and WHEREAS, the Village Council of the Village of Tequesta believes the proposed ordinance to be in the best interests of the health, safety, and welfare of its citizens. Page 253 of 293 Agenda Item #22. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 70. Taxation. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article I. In General. to create an entirely new Section 70-1. entitled "Additional homestead exemption for persons sixty-five years and older." to authorize an additional homestead tax exemption for qualifying senior citizens whose household income does not exceed a certain amount; providing that Chapter 70. Article I. Section 70-1 shall hereafter read as follows: CHAPTER 70 -TAXATION ARTICLE I. — IN GENERAL Sec. 70-1. Additional homestead exemption for persons sixty-five years and older. La) Definitions. (D Household means a person or group of persons living together in a room or r�oup of rooms as a housing unit, but the term does not include persons boarding or renting a portion of a dwelling, See definition set forth at section 196.075(1), Florida Statutes. Q Household income means the adjusted gross income, as defined in s. 62 of the United States Internal Revenue Code, of all members of a household. See definition set forth at section 196.075(1), Florida Statutes. b� General. W Vi� e of Tequesta taxes only. Pursuant to and in accordance with section 196.075, Florida Statutes, the additional homestead exemption as set forth in this section shall apply only to taxes levied by the Village of Tequesta, including, if an. T endent special districts and municipal service taxing units. �2 Amount of additional homestead exemption. Anv Berson who meets the requirements set forth in subsection "chereinbelow shall be eligible for an additional twenty-five thousand dollar ($25,000.00) homestead exemption. Cc) Requirements to obtain additional homestead exemption. Anv person who has attained the age of sixty-five (65) years of age will be entitled to an additional homestead exemption if all of the following requirements are met: W The person has legal or beneficial title in equity to real estate: and Page 254 of 293 Agenda Item #22. The person maintains thereon and in good faith makes the same his or her permanent residence or the permanent residence of another or others le_2all.y or naturally dependent upon such person. See section 196.031, Florida Statutes; and 3 The person's household income does not exceed thirty-one thousand, one hundred dollars (S3 1, 100. 00) as adjusted hereinbelow; and 4 The person claiming the exemption submits annually to the Palm Beach Countv Property Appraiser, not later than March 1, a sworn statement of the person" s household income on a form prescribed by the Florida Department of Revenue; and 5 The above -reference statement is filed in accordance with the rules of the Florida Department of Revenue and is supported by copies of any federal income tax returns for the prior year, any wage and earnings statements (W-2 forms), and any other documents which the Florida Department of Revenue deems necessary, for each member of the household pertaining to the person's household income. Such documentation must be submitted by June 1 and the statement shall attest to the accuracy of such copies; and 6 The Property Appraiser approves the exemption after being provided with all required documentation. Ud Household income. For purposes of subsection (c)(3) above, the thirty-one thousand, one hundred dollar ($31,100.00) household income limitation shall be adjusted annually, on January 1, by the percentage chance in the average cost -of -living index in the period January 1 through December 31 of the immediate prior year compared with the same period for the year prior to that. The index is the average of the monthly consumer -price -index figures for the stated twelve-month period, relative to the United States as a whole, issued by the United States Department of Labor. See section 196.075, Florida Statutes. (=e) If title is held jointly with the right of survivorship, the person residing on the proper and otherwise qualifying may receive the entire amount of the additional homestead exemption. Secs. 70-4-2 70-30. - Reserved. Section 2: The Village Clerk shall deliver a copy of this Ordinance to the Palm Beach County Property Appraiser no later than December 1, 2021. Page 255 of 293 Agenda Item #22. Section 3: Each and every other section and subsection of Chapter 70. Taxation. shall remain in full force and effect as previously enacted. Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance shall take effect immediately upon adoption. Page 256 of 293 Agenda Item #22. a Hear [Mayor, vice Mayor, Council members and Town Manager, Palm Beach County began the low-income senior citizen Municipal tax exemption in 2014. In order to Qualify for this exemption, you must be 65 or older, with homesteaded property and have an income Less than $31,100 for 2021. There are 39 municipalities in Palm Beach County and 10 have approved This municipal tax amendment. Attached is a copy of all the municipalities. I am trying to matte more municipalities aware of this in order for the qualifying residents can receive The assistance on their tax bill for 2022. Jupiter approved $25,000 in 2017 and in July, 2021 approved another $25,000, matting it $50,000 for The 400 of us residents on our tax bill for 2022. 1 have lived in Jupiter In The Pines for 50 years. t If you approve this low income, senior citizen Municipal tax amendment, it must be submitted to the Property Appraiser's office by December 1, 2021 to be effective for 2022. I thank you for all the residents of your town that qualify for this amendment. Any questions, please call Kristin Deese, specialist exemption services dept. at the Property Appraiser's Office at 561-355-2866. _ i Beth Dellinger 104. W Beverly Road Jupiter, F1.33469 Page 257 of 293 Agenda Item #22. MUNICIPALITY LIST HOMESTEAD SENIOR EXEMPTION 00 UNINCORPORATED 169621 9048 02 ATLANTIS 833 26 04 BELLE GLADE 1525 66 06 BOCA RATON 23386 467 08 BOYNTON BEACH 17499 963 10 CLOUD LAKE 23 1 12 DELRAY BEACH 15692 738 14 GLEN RIDGE 60 2 18 GREENACRES 8251 499 20 G U LFSTREAM 358 2 22 HAVERHILL 512 1 24 HIGHLAND BEACH 1708 22 26 HYPOLUXO 781 20 28 JUNO BEACH 1189 32 30 JUPITER 17221 396 32 JUPITER INLET COLONY 164 2 34 LAKE CLARKE SHORES 1217 23 36 LAKE PARK 1361 53 38 LAKE WORTH 5632 280 40 LANTANA 2153 70 41 LOXAHATCHEE GROVES 772 34 42 MANALAPAN 150 0 44 MANGONIA PARK 138 9 46 OCEAN RIDGE 663 9 48 PAHOKEE 690 24 50 PALM BEACH 3414 26 52 PALM BEACH GARDENS 17211 420 54 PALM BEACH SHORES 359 10 56 RIVIERA BEACH 6641 233 58 SOUTH BAY 353 25 60 TEQU ESTA 2080 73 62 SOUTH PALM BEACH 641 31 66 VILLAGE OF GOLF 106 0 68 VILLAGE OF N PALM BEACH 4399 136 70 VILLAGE OF PALM SPRINGS 3901 214 72 VILLAGE OF ROYAL PALM BEACH 9849 397 73 VILLAGE OF WELLINGTON 14425 311 74 WEST PALM BEACH 2O321 716 77 WEST LAKE 539 8 Page 258 of 293 A m #22. DR-501 SC, R. 12/12 ADJUSTED GROSS HOUSEHOLD INCOME Rule 12D-16.002, F.A.C. Eff. 12/12 SWORN STATEMENT AND RETURN Provisional Senior Citizen Exemption for Persons Age 65 and Over [}EPf4RTMENT Section 196.075, Florida Statutes Application A year 20_ OF REVENUEpa � Y This statement must be filed each year with the property appraiser by March 1. El Initial El Renewal* Parcel ID Address Applicant name Phone PART 1 List all persons living in the homestead on January 1 the year of exemption. Do not include renters or boarders Name of Household Member Date of Birth Filed IRS return? Yes No Adjusted Gross Income Total adjusted gross income for all household members $ o.00 For each household member, submit the documents required by either PART 2 or PART 3 for last year's income. If you are renewing your exemption, you do not need to submit documents, unless the property appraiser asks. Contact your property appraiser's office for instructions. PART 2 For each member who files an IRS Form 1040 series (checked "Yes" in PART 1), submit: • IRS 1040 series form or an Application for Automatic Extension of Time to File U.S. Individual Income Tax Return (Form 4868), if applicable, and • Wage and Tax Statements (W-2 Forms). PART 3 For each member who does not file an IRS Form 1040 series (checked "No" in PART 1), submit: • A copy of the prior year's Social Security Statement (SSA 1099), if applicable, • An IRS Request for Transcript of Tax Return, IRS Form 4506-T. (Form 8821 or another form from the 4506 series can substitute), and • A Statement of Income from page 2 of this form. For prompt consideration, submit supporting documents by May 1. No further documentation will be accepted after June 1. If additional documents are required, the property appraiser will ask for them. CERTIFICATION certify that: • I am at least 65 years old on January 1 of the tax year I am applying for. I have attached proof of my age. • The total prior year adjusted gross income of all persons living in the household on January 1 of the tax year is not more than the adjusted gross income in section 62 of the US Internal Revenue Code. Contact your county property appraiser for the maximum household adjusted gross income, which may change each year. qualify for this exemption under Florida law. I am a permanent resident of the State of Florida and I own and occupy the property above. Under s. 196.131(2), F.S., any person who knowingly and willfully gives false information to claim homestead exemption is guilty of a misdemeanor of the first degree, punishable by a term of imprisonment up to 1 year or a fine up to $5,000 or both. Under penalties of perjury, I declare that I have read this application and Statement of Adjusted Gross Income and the facts in it are true. Signature, applicant Print name Date Page 1 of 2 Page 259 of 293 Agenda Item #22. DR-501 SC INSTRUCTIONS R. 12/12 Page 2 This exemption applies only to the property taxes of the taxing authority granting the exemption. To qualify for an additional homestead exemption under s. 196.075, F.S. for persons age 65 years or older, the household income of all persons living in the home cannot be more than the household adjusted gross income defined below. As used on this application, the term: "Household" means a person or group of persons living together in a room or group of rooms as a housing unit, but the term does not include persons boarding in or renting a portion of the dwelling. "Household income" means the adjusted gross income in s. 62 of the US Internal Revenue Code, of all members of a household. (This is the "Adjusted Gross Income" amount reported on IRS Form 1040.) Definitions: Section 196.075, Florida Statutes Examples of Supporting Documentation for the Property Appraiser IRS Returns Income Statements Earning Statements Form 1040 Social security benefits W-2 forms Form 1099 Form Form 1040A Pension RRB 1042S 1099A RRB 1099 Form 1040EZ Interest or annuities SSA 1042S SSA 1099 Rental receipts Partnership income 1065 For prompt consideration, submit income documentation before May 1 for all household members. No documentation can be accepted after June 1. Supporting documentation will be destroyed after use unless you ask the property appraiser to return the documents. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Complete this form for each member whose income is below the filing thresholds for the IRS and who has not filed an IRS Form 1040 series. See page 1, PART 3. Do not complete for minor children with no income. STATEMENT OF INCOME Name Earned income Social Security benefits** Investment income Veterans Administration benefits Capital gains or (losses) Income from retirement plans Interest income Income from pensions Rents Income from trust funds Royalties Other*** (specify): Dividends Annuities Total income for this household member $ 0.00 Enter this amount in PART 1 and submit with page 1 of Form DR-501 SC for each member. **Social Security Benefits -Internal Revenue Service (IRS) Information According to the IRS, social security benefits include monthly survivor and disability benefits. They do not include supplemental security (SSI) payments, which are not taxable. If your combined benefits and other income exceed certain thresholds, some part of your Social Security income may be taxable. Include the taxable amount on this line. Consult the IRS for Social Security income that may be taxable based on current formulas. ***Other income If you receive any other income, fill in the source and the amount. Do not include income that would not be included in adjusted gross income, such as child support. Page 2 of 2 Page 260 of 293