24-19 Docusign Envelope ID:OD34143C-C212-486D-97A9-465664449699
RESOLUTION NO. 24-19
A RESOLUTION OF THE CITY OF CLEARWATER,
OPTING OUT OF PROVIDING THE 80%-120% AMI
MISSING MIDDLE PROPERTY TAX EXEMPTION TO
DEVELOPMENTS THAT WOULD OTHERWISE
QUALIFY PURSUANT TO THE LIVE LOCAL ACT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Live Local Act (the "Act") created a new affordable housing
property tax exemption called the Missing Middle Property Tax Exemption that
provides two tiers of exemptions for developments that have 71 or more units that
provide housing to natural persons or families earning up to 120% of the Area
Median Income ("AMI"); and
WHEREAS, one of the two tiers of exemptions under the Act allows units
that serve households between 80-120% AMI within an eligible development to
receive a 75% property tax exemption (the 75% Exemption"); and
WHEREAS, The Act allows under Fla. Stat. § 196.1978(3)(o) for taxing
authorities to opt out from providing the 75% Exemption to developments within
their jurisdiction that would otherwise qualify; and
WHEREAS, to be eligible to opt out of the 75% Exemption, taxing
authorities are required to meet the following requirements:
• A resolution to opt out from providing the 75% Exemption must be
approved by a two-thirds vote of the local governing body;
• The most recently published Shimberg Center for Housing Studies
Annual Report must identify that the county, that is a part of the
jurisdiction of the taxing authority, is within a metropolitan statistical area
or region where the number of affordable and available units in the
metropolitan statistical area or region is greater than the number of
renter households in the metropolitan statistical area or region for the
category entitled "0-120% AMI";
• The election to opt out may only apply to the ad valorem property tax
levies imposed within a qualifying county by the taxing authority making
the election;
• The resolution must take effect on the January 1 immediately
succeeding adoption, shall expire on the second January 1 after the
January 1 in which the ordinance or resolution takes effect, and may be
renewed prior to its expiration;
• The taxing authority must advertise the resolution or renewal thereof
pursuant to the requirements of Fla. Stat. § 50.011(1) prior to adoption;
and
Resolution No. 24-19
Docusign Envelope ID:OD34143C-C212-486D-97A9-465664449699
• Any properties within an opting out jurisdiction that were previously
approved for the property tax exemption are allowed to continue to
benefit from the 75% Exemption.
WHEREAS, the Shimberg Center for Housing Studies Annual Report (the
"Report") provides a breakdown of counties in which taxing authorities would or
would not be eligible to pursue the opt out; and
WHEREAS, Pinellas County qualifies under the Report as a county where
taxing authorities therein can pursue opt-out; and
WHEREAS, the City of Clearwater is located in Pinellas County and meets
the requirements under the Act and wishes to opt out from providing the 75%
Exemption.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CLEARWATER, FLORIDA:
SECTION 1. The City of Clearwater, pursuant to Fla. Stat. § 196.1978(3)(o),
hereby opts out from providing the 75% Exemption to developments that would
otherwise qualify under the Act.
SECTION 2. This Resolution shall become effective on January 1, 2025.
PASSED AND ADOPTED this Stn day of December 2024.
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Signed by:
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Bruce Rector
Mayor
Approved as to form: Attest: as
Signed by: DocuSigned by: "
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Mathew J. Mytych. Esq. Rosemarie Call, MPA, CMC
Assistant City Attorney City Clerk
Resolution No. 24-19