2024-R-41 - Tax Exemption Opt Out RESOLUTION NO.2024-R-41
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, PURSUANT TO SECTION 196.1978(3)(o),
FLORIDA STATUTES,BASED UPON THE 2024 SHIMBERG
CENTER FOR HOUSING STUDIES ANNUAL REPORT;
ELECTING TO NOT EXEMPT CERTAIN PROPERTIES
FROM AD VALOREM TAXATION UNDER THE LIVE
LOCAL ACT PROPERTY TAX EXEMPTION; PROVIDING
FOR SEVERABILITY AND EXPIRATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Section 196.1978(3)(o),Florida Statutes,authorizes a taxing authority,upon
adoption of a resolution by a two-thirds vote of its governing body,to elect not to exempt property
from ad valorem taxation under section 196.1978(3)(d)l.a., Florida Statutes, provided specific
findings are made by the taxing authority and certain conditions are met; and
WHEREAS, Section 196.1978(3)(o) requires a taxing authority to make a finding in the
resolution that the most recently published Shimberg Center for Housing Studies Annual Report,
prepared pursuant to Section 420.6075, Florida Statutes, identifies that a county within the taxing
authority's jurisdiction is part of a metropolitan statistical area or region where the number of
affordable and available units exceeds the number of renter households in the category entitled"0-
120 percent AMI"; and
WHEREAS, the 2024 Shimberg Center for Housing Studies Annual Report ("Report")
provides data necessary for the City Council ("Council") of the City of Edgewater ("City") to
determine whether the statutory conditions are met for electing not to exempt property from ad
valorem taxation under section 196.1978(3)(d)l.a., Florida Statutes;and
WHEREAS,the City intends to adopt this resolution to meet the statutory deadline while
expressly making the required finding contingent upon confirmation from the Report.
NOW,THEREFORE,be it resolved by the City Council of the City of Edgewater,Florida
that:
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1.Recitals Incorporated. The foregoing recitals are true and correct and are incorporated
herein by reference.
2. Required Finding. The City Council hereby makes a finding, pursuant to Section
196.1978(3)(o), Florida Statutes, that the Report confirms that Deltona-Daytona Beach-Ormond
Beach, FL MSA,which includes Volusia County, has a surplus of affordable and available units
for households in the "0420 percent AMI" category relative to the number of renter households
in the same category.
3. Election to Opt Out of the Live Local Property Tax Exemption. Subject to the
finding described in Section 2,the City elects not to exempt properties eligible for the 80 to 120
Tax Exemption under Section 196.1978(3)(d)l.a.,Florida Statutes and directs the Volusia County
Property Appraiser not to grant such exemptions for the 2025 tax roll or for any subsequent tax
year during which this Resolution remains in effect unless such exemption was granted prior to
the adoption of this Resolution.
4. Pre-existing Exemptions Not Affected. This Resolution does not impact a property
owner of a multifamily project which was granted an exemption pursuant to Section
196.1978(3)(d)La.,Florida Statutes,prior to the adoption of this Resolution.Such property owners
may continue to receive the exemption for each subsequent consecutive year that the property
owner applies for and is granted the exemption.
S. Effective Date. This Resolution shall take effect on January 1, 2025, and shall expire
on January 1, 2026, unless renewed by the City Council in accordance with Section
196.1978(3)(o), Florida Statutes.
6. Advertising and Delivery to Property Appraiser. This Resolution has been duly
advertised in accordance with Section 50.011(1), Florida Statutes.A copy of this Resolution shall
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be provided to the VOILISia County Property Appraiser no later than January 1, 2025.
7. Severability. If any provision of this Resolution or its application is held invalid, the
invalidity does not affect other provisions or applications that can be given effect without the
invalid provision or application, and to this end, the provisions of this Resolution are declared
severable.
PASSED AND DULY ADOPTED by a two-thirds majority vote this day f
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2 02 4.
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Diczel DePew, Mayor
ATTtST:
ry
Donnielotr�il�;'C• 'C, City Clerk
REVIEWED AND APPROVED:
Aaron R. "Moll(C-1-9*Attorney
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