7499-05
ORDINANCE NO.7 499-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING CHAPTER 29 OF THE
CLEARWATER CODE OF ORDINANCES TO INCLUDE A
NEW ARTICLE ENTITLED "ADDITIONAL HOMESTEAD
EXEMPTION FOR PERSONS 65 AND OLDER";
PROVIDING FOR AN ADDITIONAL $10,000 HOMESTEAD
EXEMPTION FOR QUALIFIED SENIOR CITIZENS;
PROVIDING TERMS AND CONDITIONS OF
ENTITLEMENT; PROVIDING FOR SEVERABILITY AND
REPEALER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, ON November 3, 1998 an amendment to the Florida Constitution was
approved providing for an additional homestead exemption to certain qualifying senior
citizens; and
WHEREAS, the City Council desires to implement the additional homestead
exemption for qualifying senior citizens in accordance with the provisions of Section
196.075 of Florida State Statutes; and
WHEREAS, the City Council desires to provide this additional tax relief to its senior
citizens and has determined that the adoption of this ordinance serves to protect the
health, safety and welfare of the general public; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. That Chapter 29 of the Code of Ordinances is amended by adding a
new article, Article V. Additional Homestead Exemption for Persons 65 and Older,
consisting of sections 29.91 through 29.95, inclusive, said Article to read as follows:
Sec. 29.91 Authority.
This section is adopted pursuant to the specific authority of Section 6(f), Article VII, of
the Florida Constitution, and Section 196.075, Florida Statutes.
Sec. 29.92 Definitions.
Unless clearly indicated otherwise by the context in which they are used, the following
words, terms and phrases, as used herein, shall mean:
City means the City of Clearwater, Florida.
Department of revenue means the State of Florida Department of Revenue.
Ordinance No. 7499-05
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, as defined in Section 62 of
the United States Internal Revenue Code, of all members of a household.
Properly appraiser means the Property Appraiser of Pine lias County, Florida.
Sixty-five years of age means a person who has attained the age of 65 prior to
January 1 st of the tax year for which the additional homestead exemption is
sought.
Sec. 29.93 Additional homestead exemption; eligibility; application.
(a) Any person 65 years of age or older who has the legal or equitable title to
real estate located within the City and who maintains thereon his or her
permanent residence, which residence qualifies for and receives
homestead exemption pursuant to Section 196.031, Florida Statutes, and
whose household income does not exceed $20,000.00 or such amount as
is adjusted pursuant to Section 29.94 herein, may apply for an additional
homestead exemption of $10,000.00 as provided in this article.
(b) A taxpayer claiming the additional homestead exemption shall annually
submit to the Property Appraiser the following:
(1) Not later than March 1, a sworn statement of household income on a
form prescribed by the Department of Revenue; and
(2) Not later than June 1, copies of any federal income tax returns for
the prior year, any wage and earnings statements (W-2 forms), and
any other documents that may be required by the Department of
Revenue or the Property Appraiser, for all members of the
household. The taxpayer's statement shall attest to the accuracy of
such copies.
The Property Appraiser may not grant the exemption without the required
documentation.
(c) The additional homestead exemption, if granted, shall be applicable to all
ad valorem taxes levied by the City.
(d) If title to the property is held jointly with right of survivorship, the person
residing on the property and otherwise qualifying for additional homestead
exemption may receive the entire amount of the additional homestead
exemption provided herein.
Ordinance No, 7499-05
(e) The additional homestead exemption shall be available to qualified persons
beginning with the 2006 tax year, and annually thereafter to the extent
permitted by law. The city council reserves the right to amend and to repeal
this Article. The household income limitation shall be subject to adjustment
as provided in Section 29.94.
Sec. 29.94 Annual adjustment of household income limitation.
Beginning January 1, 2001, and annually thereafter, the $20,000.00 household
income limitation shall be adjusted by the percentage change in the average
cost-of-living index in the period of January 1 through December 31 of the
immediate prior year compared with the same period for the year prior to that
year. 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.
Sec. 29.95 Penalties.
Receipt of the additional homestead exemption provided for in the Section shall
be subject to the provisions of Section 196.131, Florida Statutes, which
establishes a penalty for knowingly and willfully giving false information for the
purpose of claiming homestead exemption, and to Section 196.161, Florida
Statutes, which provides for tax liens and the recovery of taxes, penalties, and
interest from persons not entitled to homestead exemption.
Section 2. The City Clerk, shalt prior to December 1, 2005, provide a copy of this
Ordinance to the Pinellas County Property Appraiser; and, in the event this Section of the
Code of Ordinances is subsequently repealed or amended, notification of such repeal or
amendment shall be provided to the Pinellas County Property Appraiser no later than
December 151 of the year prior to the year in which the homestead exemption provided
herein expires or is modified.
Section 3. In the event that any portion of this Ordinance is, for any reason, held or
declared to be unconstitutional, inoperative, or void, such holding shall not affect the
remaining portions of this Ordinance. Further, in the event this Ordinance or any
provision hereof shall be held to be inapplicable to any person, property, or circumstance,
such holding shall not affect its applicability to any other persons, property, or
circumstance.
Section 4. That all ordinances or parts thereof that are in conflict with this
Ordinance be and the same are hereby repealed.
Ordinance No. 7499-05
Section 5. That this ordinance shall become effective immediately upon final
passage and adoption.
PASSED ON FIRST READING
September 1, 2005
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 15, 2005
4__L t/ ~
FI'8RI( V. Hibbard
Mayor
Approved as to form:
Attest:
J1J
Pamela K. Akin
City Attorney
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Ordinance No. 7499-05