Res 42-96 RESOLUTION NO. 42-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, URGING AND ENCOURAGING GOVERNOR LAWTON CHILES TO VETO HB
557, KNOWN AS THE "PROPERTY APPRAISER' S PRESUMPTION OF
~O~S$" BILL.
~EREAS, the current administrative and judicial appeals process pertaining
to property valuation is fair to all taxpayers; and
~tEREAS, the average residential and small business property owner have
proven accessibility to the Property Appraiser's informal and formal review process;
WHEREAS, property owners who now dispute their assessments have recourse in
a three (3) step appeals process:
l. An informal meeting between the property owner and the Property
Appraiser' s office;
2. An appeal to the Value Adjustment Board;
3. Either the property owner or the Property Appraiser may file a lawsuit;
WHEREAS, a majority of valuation disputes are resolved without resorting to
a lawsuit; and
WHEREAS, an increase in the cost of litigating appeals would have severe
impacts oa current and future city budgets and could jeopardize the overall rate
structure of individual taxpayers; and
WHEREAS, any increase in expenses or decrease in property tax revenues
caused by this legislation is deemed by the City of Delray Beach to be an UNFUNDED
~, THEREFORE, BE IT RESOLVED BY THE CITY CC~94ISSION OF THE CITY OF DELRAY
BEACH, FIXk9/I~, AS FOLLOWS:
Section 1. That the City Ommmission of the City of Delray Beach hereby
urges and encourages the VETO of HB 557 due to the risk of an UNFUNDED MANDATE that
this legislation places on local governments.
PASSED AND ADOPTED in regular session on this the 21st day of May, 1996.
ATTEST:
City Cle~
[ITY OF DELRFIY BEFI[H
DELRAY BEACH
~ ~ o ~ , o · 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 40? 24~,7000
AII.Am~,ica City
The Honorable Lawton Chiles, Governor
State of Florida
The Capitol
Plaza Level-PL05
Tallahassee, FL 32399-0001
Re: Veto Request for HB 557
Dear Governor Chiles:
Throughout the 1996 legislative session, the Florida League of Cities
has rigorously opposed HB 557, known as the "Property Appraiser' s
Presumption of Correctness" bill. We respectfully request that you
VETO this legislation.
HB 557 w~s promoted by many legislators as a fairness bill for all
taxpayers, and if there was any loss in revenues to local government,
it was tax monies which should not have been paid and therefore monies
returned to all taxpayers. We all know that this rhetoric was not
true, nor will it be true in the future. Others proclaimed that this
legislation is necessary to level the playing field.
This legislation is a mandate under Article VIII, Section 18 of the
Florida Constitution due to the potential significant loss in ad
valorem revenues from municipalities, counties, school districts and
special districts. HB 557 requires that the Property Appraiser's long
standing presumption of correctness be eliminated during the tax years
of 1997, 1998 and 1999, with a comprehensive study to be coD~ucted
after the fact. To the contrary, a comprehensive study should be
completed before any decision to change the staDdard is made.
It is for these reasons that we urge you to veto HB 557. I have
enclosed a copy of Resolution No. 42-96 which was adopted by the
Delray Beach City Commission on May 21, 1996.
~A/a~h
~olosure
THE EFFOR'r ALWAYS MATTERS
RESOLUTION NO. 42-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, URGING AND ENCOURAGING GOVERNOR LAWTON CHILES TO VETO HB
557, KNOWN AS THE "PROPERTY APPRAISER' S PRESUMPTION OF
CORRECTNESS" BILL.
WHEREAS, the current administrative and judicial appeals process pertaining
to property valuation is fair to all taxpayers;
WHEREAS, the average residential and small business property owner have
proven accessibility to the Property Appraiser's informal and formal review process;
and
WHEREAS, property owners who now dispute their assessments have recourse in
a three (3) step appeals process:
I. An informal meeting between the property owner and the Property
Appraiser' s office;
2. An appeal to the Value Adjustment Board;
3. Either the property owner or the Property Appraiser may file a lawsuit;
WHEREAS, a majority of valuation disputes are resolved without resorting to
a lawsuit; and
WHEREAS, an increase in the cost of litigating appeals would have severe
impacts on current and future city budgets and could jeopardize the overall rate
structure of individual taxpayers; and
WHEREAS, any increase in expenses or decrease in property tax revenues
caused by t_his legislation is deemed by the City of Delray Beach to be an UNFUNDED
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLC~S:
Section 1. That the City Commission of the City of Delray Beach hereby
urges and encourages the VETO of HB 557 due to the risk of an UNFUNDED MANDATE that
this legislation places on local governments.
PASSED AND ADOPTED in regular session on this the 21st day of May, 1996.
CITY OF DELRAY BEACH~ FLORIDA - CITY CC~9~ISSION
REGULAR MEETING - MAY 21t 1996 - 6:00 P.M.
COMMISSI~ CHAMBERS
AGENDA ADDENDUM
~~ IS ~~ ~ ~S:
~D ~ 9.M. ~ ~ ~ AG~ ~ FO~S:
~OL~ ~. 42-96 ~I~ ~~R CHI~S ~ ~ ~ 557: ~nsider
a r~est from ~e Flori~ ~a~e of Cities to adopt a resolution
~g ~ve~or ~les to veto ~ 557 ~ as ~e "Pro~rty
~aiser's Pres~ption of ~rrec~ess" bill.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/t
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MAY 21, 1996
RESOLUTION NO. 42-96 URGING GOVERNOR CHILES TO VETO HB 557
DATE: MAY 20, 1996
We have received a request from the Florida League of Cities to adopt a
resolution urging Governor Chiles to veto HB 557 which is known as the
"Property Appraiser's Presumption of Correctness" bill. The request, along
with a copy of the bill, is attached.
If the Commission wishes to support this request, a letter from Mayor
Alperin to Governor Chiles as well as the resolution encouraging his veto
have been prepared and are included for your consideration.
I recommend approval of Resolution No. 42-96.
ref: agmemo4
MAY ~7, '96 ~0:34 (ET) Dmvid T. Horden PAGE ;I off 4
MAY 17 '96 10:15 FLA LEAGUE OF CITIES 904
IMMEDIATE A crzo Rg wsrgo !
TO: Selected Municipal Officials
FROM: Michel Siffi~ Exe~five Dkector
DA~: May 16, 1996
SUBJECT: PROPERTY APPRAISER'S PRESUMP~ON OF CORRECTNESS
VETO REQUEST TO GOVERNOR On!,ES
The Florida Legislature passed ~ 557 by Rep. Starks and Sen. Home, which
substantially changes the presumption of correctness by Property Appraisers. This
legislation has been determined to meet the constitutional criteria of a "mandate" under
Article VIII, Section 18, Florida Constitution. According to the Legislative FisCal Impact
Conference results, dated March 29, 1996, the first year ,loss of ad valorem tax revenue
would be between $69.5 to $160.3 million, with an annualized loss between $208.$ to
$481.0 mil_lion_- It is for this reason that the governor should not pea'mit this drastic
change to occur without first carefully studying all potentiv2 impacts and implications
before considering implementation.
The Florida League of Cities urgently needs your assistance to request the §ovemor to
veto this legislation. Please immediately mail or fax a letter, together with a resolution to
Governor Chiles urging him to VETO lib 557, A sample veto letter is attached,
Send letters and resolutions to:
The Honorable Lawton Chiles, Governor
State of Florida
The Capitol
Plaza Level - PL05
Tallahassee, FL 32399-0001
or
Fax: (904)921-9077
Fiari,4~ League of Cities, Inc.. P.O. Box 1757 · Tallahassce, FL 32302-17b'7 · (904) 222-9684 · Suncom 278-S,331 ® FAX (90~) 222-3~06
k4AY 17, '96:15:55 (ET) Davfid T. Harden ~_~,CL;~,~..~ ' -PC~GE :l of'
' -" I~AY 17 '96 15:38 FLA LEAGUE ~)F CITIES 904 2223E~06 ' ~]~¥~--<~0~_ P. 1/1
IM 4g. Arg Acr os R Qvgsrg !
UPDATE UPDATE UPDATE
TO: Selected Municipal Officials
FROM: Kelvin J. Robinson, Legislative Director
DATE: May 17, 1996
SUBJECT: UPDATE ON VETO REQUEST TO GOVERNOR CHILES FOR
PROPERTY APPRAISER'S PRESUMPTION OF
CORRECTNESS
This is to let you know that Governor Chiles has today officially received HB 557
and has until May 31 to either: sign the bill into law; veto the bill; or let the bill
become law without his signature.
Therefore, it is imperative that you immediately contact the governor's office with
your veto requests and resolutions prior to the May 31 deadline.
Send letters and resolutions to:
The Honorable Lawton Chiles, Governor
State of Florida
The Capitol
Plaza Level - PL05
Tallahassee, FL 32399-0001
Phone: (904) 488-2272
or
Fax: (904) 921-9077
Florida League of C~ifies, Inc. · P.O. Box 175'7 · 'l'allahaxsee, FL 32302-17S7 · (904) 227.-9684 · Suneom 278-5331 · FAX (904) 222-3806
HAY 17, 'SG 10:34 (ET) David T. Harden PAGE 2 off 4
o
MAY 17 )96 10:10 FLA LEAGUE OF CiTiES 904 2223806 P.2/4
May _ _., 1996
The Honorable Lawton Chiles, Governor
State of Florida
The Capital
Plaza Level - PL05
Tallahassee, FL 32399
R~: Veto Request for Ii~ 557
Dear Governor Chiles:
Throughout the 1996 legislative session, thc Florida League of Cities has rigorously
opposed lib 557, known as the "Property Appraiser's Pres~.~mption of Correctness" bill.
We respectfully request that you VETO this legislation.
FIB 557 was promoted by many legislators as a fairness bill for all taxpayers, and if there
was any loss in revenues to local government, it was tax monies which should not have
been paid and therefore monies returned to ~ taxpayers. We all know that this rhetoric
was not true, nor will it be true in the future. Others proclaimed that this legislation is
necessary to level the playing field
This legislation is a mandate under Article VIII, Section Igor the Florida Constitution,
due to the potential significant loss in ad valorem revenues from m~_micipalities, counties,
school districts, and special districts. HB 557 requires that the Property Appraiser's long
standing presumption of correctness be eliminated during the tax years of 1997, 1998,
and 1999, with a comprehensive study to be conducted after the fact. To the contrary, a
comprehensive study should be completed before any decision to change the standard is
made.
It is for these reasons that we urge you to veto HB 557. I have enclosed a copy of
Resolution Number which was adopted by the City Council on
Sincerely,
MAY 17, '96 19:34 (ET) David T. Harden PAGE 3 of' 4
MRY 17'~'96 10:16 FLR LERGUE OF CITIES 904 2223806 P.B/4
Resolution of the Ci~ Coun~ of the Ct~ of Or. do, ~o~
Suppo~t~ the ~0 of HB
"Pr~umptton of Co~ectn~s" ("B~den of ~oo~J
WHEREAS, the current administrative and judicial appeals process
pertaining to property valuation is fair to all taxpayers; and
WHEREAS, the average residential and small business property owner
have proven accessibility to the Property Appraiser's informal and formal review
process; and
WHEREAS, property owners who now dispute their assessments have
recourse in a three (3) step appeals process:
1. An informal mceting between the property owner and the Property
Appraiser's office
2. An appeal to the Value Adjustment Board
3. Either the property owner or the Property Appraiser may f'fie a
lawsuit; and
WHEREAS, a majority of va/uation disputes are resolved without
resorting to a lawsuit; and
WHEREAS, an increase in the cost of litigating appeals would have
severe impacts on current and future city budgets and could jeopardize the
overall rate structure of individual taxpayers; and
WHEREAS, any increase in expenses or decrease in property tax
revenues caused by this legislation is deemed by the City of Orlando to be an
UNFUNDED MANDATE,
MAY 17, '96 10:34 (ET) Davfid T. Harden PAGE 4 off 4
MAY 1'7 "96 1~: 17 FLA LEAGUE ~F C~T~ES 904 2223806 P.4/4
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ORLANDO, FLORIDA:
That the City Council of the City of Orlando ENCOURAGES the VETO of
557 due to the risk of an UNFUNDED MANDATE that this legislation places on
local governments.
ADOPTED at a regular meeting of an by the City Council of the city of
Orlando, Florida, this day of .... , 1996.
Mayor
ATTEST:
Grace A. Chewning
City Clerk
APPROVED AS TO FORM AND LEGALITY
for the use and reliance of the City of
Orlando, Flor/da, only.
............. , 1996.
City Attorney
Orlando, Florida