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2012-11 Amendment 4 RESOLUTION NO. 12-11 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA CONCERNING AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH, IF ADOPTED,WOULD CREATE ADDITIONAL INEQUITIES IN FLORIDA'S TAX SYSTEM BY GRANTING CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE EXPENSE OF OTHER TAXPAYERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a proposed constitutional amendment sponsored by Florida Legislature will be placed on the 2012 General Election Ballot as "Amendment 4"; and WHEREAS, this proposed constitutional change reduces the current assessment limitation on non- homestead real property from 10 percent to 5 percent; and WHEREAS, the proposed amendment grants first-time homesteaders an additional homestead exemption equal to 50 percent of the just value of the property up to the county median home value; and WHEREAS,the proposed amendment creates a provision that allows the Legislature by general law to prohibit increases in the assessed value of homestead property if the just value of the property decreases; and WHEREAS, Amendment 4 creates inequities for non-homestead properties by allowing identical properties to be taxed differently, and Amendment 4 extends the sunset provision already in the Florida Constitution from 2019 to 2023, which allows these inequities to be in place longer; and WHEREAS, Amendment 4 shifts the tax burden to new or growing businesses, creating an unfair disadvantage for new businesses that would have to pay higher property taxes than their more established counterparts; and WHEREAS,the non-homestead assessment cap reduction and the first-time homesteader provision apply to city and county taxes and not to school property taxes; and WHEREAS, over the last few years, several property tax initiatives, including additional homestead exemptions, Save Our Homes portability and statutory millage caps, have also contributed to the unequal treatment of Florida's taxpayers. WHEREAS, there are estimates of the total tax impact of Amendment 4 of $1.6 billion cumulatively over a four-year period beginning in 2013-2014, with approximately $447 million borne by municipalities. NOW THEREFORE, it is resolved before the City Council for the City of Okeechobee Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That the City of Okeechobee, Florida, will evaluate the impact Amendment 4 may have on its property taxes. Section 2. That the City of Okeechobee, Florida, urges its residents to carefully consider the potential adverse consequences of Amendment 4 before voting in the November 2012 General Election. Resolution No. 12-11 Page 1 of 2 Section 3. That a copy of this resolution be provided to the membership of the Florida League of Cities, Inc. and other interested parties. Section 4. If any section,subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding sha" not affect the validity of the remaining portions or applications here. Section 5. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in regular session this 16th day of October, 2012. ,, James E. Kirk, Mayor 4>c;1214-- ATTEST ( ' . I: / 0 OU'Lb Lane Gamiotea,(CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: \ ick\I John R. Cook, Ci y Attorney Resolution No. 12-11 Page 2 of 2