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22-023 1 ORDINANCE NO. 22-023 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING THE CITY OF BOYNTON BEACH'S CODE OF 5 ORDINANCES; AMENDING CHAPTER 23 ENTITLED "TAXATION, 6 ASSESSMENTS AND FEES", ARTICLE IV ENTITLED "ADDITIONAL 7 HOMESTEAD EXEMPTION", SECTION 23-54 "ADDITIONAL 8 HOMESTEAD EXEMPTION FOR PERSONS 65 AND OLDER" TO 9 AMEND THE AMOUNT OF EXEMPTION FOR LOW INCOME 10 SENIORS FROM $25,000.00 TO $50,000.00 AND PROVIDE AN 11 ADDITIONAL EXEMPTION FOR LOW-INCOME LONG-TERM 12 SENIORS; PROVIDING FOR CONFLICTS, SEVERABILITY, 13 CODIFICATION;AND PROVIDING FOR AN EFFECTIVE DATE. 14 15 WHEREAS,this Ordinance is adopted in accordance with the delegation of authority 16 pursuant to section 196.075, Florida Statutes, and section 6(d), Article VII of the Florida 17 Constitution; and 18 WHEREAS, pursuant to section 196.075(2) Florida Statutes, the governing authority 19 of any municipality may adopt an ordinance to allow up to $50,000 for a person who has a 20 legal and equitable title to real estate and maintains thereon the permanent residence of 21 the owner, who has attained age 65 and whose household income does not exceed 22 $20,000.00 (adjusted annually by the percentage change in the average cost-of-living 23 index); and 24 WHEREAS, section 196.075(2) Florida Statutes, provides for an additional exemption 25 for low income seniors who have resided in their home for at least 25 years and that the just 26 value of the homestead is less than $250,000.00; and 27 WHEREAS, the City Commission finds that the low income senior citizens of the City 28 would benefit from an increase in the additional homestead exemption allowed by the City 29 of Boynton Beach; and S:\CA\Ordinances\Additional Homestead Exemption For Low Income Seniors-Ordinance.Docx 30 WHEREAS, The City Commission of the City of Boynton Beach hereby finds that it is 31 in the best interest of the citizens and residents of the City of Boynton Beach, Florida to 32 approve the amendment to the City's Code of Ordinances as contained herein. 33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 34 OF BOYNTON BEACH, FLORIDA, THAT: 35 Section 1. The foregoing whereas clauses are true and correct and are now ratified 36 and confirmed by the City Commission. 37 Section 2. City of Boynton Beach's Code of Ordinances, Chapter 23 "Taxation, 38 Assessments and Fees", Article IV, "Additional Homestead Exemption", Section 23-54 is 39 hereby amended as follows: 40 Sec. 23-54. Additional homestead exemption for persons 65 and older. 41 (a) Definitions. 42 (1) Household means a person, or group of persons living together in a room 43 or group of rooms as a housing unit, but the term does not include persons boarding or 44 renting a portion of a dwelling, as defined in Section 196.075(1), Florida Statutes, as 45 amended from time to time. 46 (2) Household income means the adjusted gross income, as defined in s. 62 of 47 the United States Internal Revenue Code, of all members of the household, as defined in 48 Section 196.076(1), Florida Statutes, as amended from time to time. 49 (b) General. 50 (1) The additional homestead exemption set forth in this section shall apply 51 only to taxes levied by the City of Boynton Beach including, if any, dependent special 52 districts and municipal service taxing units. S:\CA\Ordinances\Additional Homestead Exemption For Low Income Seniors-Ordinance.Docx 2 53 (2) Any person who meets the requirements set forth in (c) below, shall be 54 eligible for an additional homestead exemption in an amount a -teof twenty-fivefifty 55 thousand dollars ($ 51),000.00). 56 (3) An additional homestead exemption in the amount of the assessed value of 57 the property for a person who has a legal or equitable title to real estate within the City of 58 Boynton Beach with a just value less than $250,000.00, as determined in the first tax year 59 that the owner applies and is eligible for the exemption, and who has maintained thereon 60 the permanent residence of the owner for at least 25 years, who has attained the age of 65, 61 and whose household income does not exceed the income limitation. 62 (c) Requirements to obtain additional homestead exemption. Any person who 63 has attained the age of sixty-five (65) years will be entitled to an additional homestead 64 exemption if: 65 (1) The person has legal or equitable title to real estate; and 66 (2) The person maintains thereon the permanent residence of the owner; and 67 (3) The person's household income does not exceed twenty thousand dollars 68 ($20,000.00). 69 (4) The taxpayer claiming the exemption for the first time shall am:wally submit 70 a request for the additional exemption herein created to the Palm Beach County Property 71 Appraiser, not later than March 1, a sworn statement of household income on a form 72 prescribed by the Florida Department of Revenue and in accordance with rules of the 73 Florida Department of Revenue. The applicant shall submit copies of any federal income tax 74 returns for the prior year, any wage and earnings statements (W-2 forms), and any other 75 documents which the Florida Department of Revenue finds necessary, for each member of S:\CA\Ordinances\Additional Homestead Exemption For Low Income Seniors-Ordinance.Docx 3 76 the household, 4-submitted by June 1. The taxpayer's statement shall attest to the accuracy 77 of such copies; and 78 (5) Property appraiser approval. The property appraiser may not grant the 79 exemption without the required documentation. 80 (d) Household income. For the purposes of (c)(3) above, beginning January 1, 81 2001, the twenty thousand dollar ($20,000.00) household income limitation shall be 82 adjusted annually on January 1, by the percentage change in the average cost-of-living in 83 the period January 1 through December 31 of the immediate prior year compared with the 84 same period for the year prior to that. The index is the average of the monthly consumer- 85 price index figures for the stated twelve-month period, relative to the United States as a 86 whole, issued by the United States Department of Labor. 87 (e) If title is held jointly with the right of survivorship, the person residing on the 88 property and otherwise qualifying may receive the entire amount of the additional 89 homestead exemption. 90 Section 3. The City Clerk is authorized and directed to provide a copy of this 91 Ordinance to the Palm Beach County Property Appraiser no later than December 1, 2022. 92 Section 4. Each and every other provision of the City's Code of Ordinances not 93 herein specifically amended, shall remain in full force and effect as originally adopted. 94 Section 5. All laws and ordinances applying to the City of Boynton Beach in 95 conflict with any provisions of this ordinance are hereby repealed. 96 Section 6. Should any section or provision of this Ordinance or any portion 97 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 98 not affect the remainder of this Ordinance. S:\CA\Ordinances\Additional Homestead Exemption For Low Income Seniors-Ordinance.Docx 4 99 Section 7. Authority is hereby given to codify this Ordinance. 100 Section 8. This Ordinance shall become effective immediately. 101 FIRST READING this 18th day of October, 2022. 102 SECOND, FINAL READING AND PASSAGE this I'Cday of November, 2022. 103 CITY OF BOYNTON BEACH, FLORIDA 104 YES NO 105 106 Mayor—Ty Penserga 107 108 Vice Mayor—Angela Cruz f 109 110 Commissioner—Woodrow L. Hay 111 112 Commissioner—Thomas Turkin 113 114 Commissioner—Aimee Kelley (/ 115 116 VOTE 117 118 ATTEST: 119 • 121 121 1 y , MMC Ty P•"'��` 122 Ma le- De esus, MP 123 City Cl:r Mayo 124 = OYN �, � 125 ��ogP°14./!• �� APPyo,". A F . S � 126 (Corporate Seal; / 127 SEA INCORPORATED 128 Michael D. Cirullo,Jr. 1129 11 •'•. 920.••• City Attorney ,t". ' ORION S:\CA\Ordinances\Additional Homestead Exemption For Low Income Seniors-Ordinance.Docx 5