Resolution No. 2024-026RCC
CLER61T CITY OF CLERMONT
RESOLUTION NO.2024-026R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, PURSUANT TO SECTION
196.1978(3)(o), FLORIDA STATUTES, ELECTING TO NOT EXEMPT
PROPERTY UNDER SECTION 196.1978(3)(d)l.a., FLORIDA STATUTES,
COMMONLY KNOWN AS THE "LIVE LOCAL ACT PROPERTY TAX
EXEMPTION"; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 196.1978(3), Florida Statutes (the "Live Local Act Property Tax
Exemption") requires the Lake County Property Appraiser to exempt certain rental properties from
ad valorem taxes if such properties meet the criteria of the Live Act Local Property Tax Exemption;
and
WHEREAS, beginning with the 2025 tax roll, Section 196.1978(3)(o), Florida Statutes,
(Chapter 2024-158, Laws of Florida) allows taxing authorities to "opt -out" of providing the Live
Local Act Property Tax Exemption to units in multifamily projects that are used to house natural
persons or families whose annual household income is between 80 and 120 percent of the median
annual adjusted gross income for households within the metropolitan statistical area ("MSA") or,
if not within a MSA, within the county in which the person or family resides (the "80 to 120 Tax
Exemption"), if the taxing authority finds that the latest Shimberg Center for Housing Studies
Annual Report, prepared pursuant to Section 420.6075, Florida Statutes ("Shimberg Annual
Report"), identifies that the number of affordable and available units in the MSA or region is
greater than the number of rental households in the MSA or region for natural persons or families
who meet the income criteria for the 80 to 120 Tax Exemption; and
WHEREAS, the City Council of the City of Clermont hereby finds that the latest Shimberg
Annual Report identifies a surplus of affordable and available units in the Orlando -Kissimmee, FL
MSA, in which the City of Clermont is located, for those households that meet the income criteria
for the 80 to 120 Tax Exemption; and
WHEREAS, the City Council of the City of Clermont hereby finds that the City of
Clermont is a taxing authority that is eligible for the election in Section 196.1978(3)(o), Florida
Statutes, which allows the City of Clermont to not exempt properties that would otherwise qualify
for the 80 to 120 Tax Exemption.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont,
Lake County, Florida:
SECTION 1:
Legal Findings of Fact. The foregoing recitals are hereby adopted as legislative findings of the
Board of County Commissioners and are ratified and confirmed as being true and correct and are
hereby made a specific part of this Resolution upon adoption hereof.
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CLER * I� CITY OF CLERMONT
<h-d« RESOLUTION NO.2024-026R
SECTION 2:
Opt -Out Election; Required Findings. The City of Council of Clermont hereby finds that the latest
Shimberg Annual Report identifies a surplus of affordable and available units in the Orlando -
Kissimmee, FL MSA, in which Clermont is located, for those households that meet the income
criteria for the 80 to 120 Tax Exemption. Therefore, Clermont hereby elects not to exempt
properties eligible for the 80 to 120 Tax Exemption in Section 196.1978(3)(d)La., Florida Statutes,
pursuant to the authority in Section 196.1978(3)(o), Florida Statutes, and hereby requests that the
Lake County Property Appraiser not grant any such exemptions.
SECTION 3:
Applicability. This Resolution applies to all ad valorem property tax levies imposed by the City
of Clermont.
SECTION 4:
Advertising; Notice to Property Appraiser. This Resolution has been duly advertised in
accordance with Section 50.01 l (1), Florida Statutes. The Clerk of the City Council is directed to
provide a copy of this Resolution to the Lake County Property Appraiser prior to January 1, 2025.
SECTION 5.
No Waiver of Rights. Other governmental entities have alleged that the Live Local Act Property
Tax Exemption is unconstitutional, and inconsistent with Section 196.012(7), Florida Statutes.
Further, other governmental entities have raised concerns with relying entirely on the Shimberg
Annual Report to meet the "affordable and available" test in Section 196.1978(3)(o), Florida
Statutes. The adoption of this Resolution shall not constitute an admission that the Live Local
Property Tax Exemption is constitutional or consistent with Section 196.012(7), Florida Statutes,
and shall not constitute an admission that the Shimberg Annual Report is the best method of
determining the current inventory of "affordable and available" housing in Clermont. If Clermont
ceases to qualify for the election in Section 196.1978(3)(o), Florida Statutes, in future years, or if
this Resolution is determined to be invalid or unenforceable by the Lake County Property
Appraiser or a court of competent jurisdiction, nothing in this Resolution shall be deemed a waiver
of Clermont's right to challenge the Live Local Act Property Tax Exemption.
SECTION 6:
Effective Date. This Resolution shall take effect on January 1, 2025, and shall expire on January
1, 2026. This Resolution may be renewed prior to January 1, 2026, pursuant to Section
196.1978(3)(o), Florida Statutes.
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CLER CITY OF CLERMONT
.FC RESOLUTION NO.2024-026R
DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake
County, Florida, this 13th day of August 2024.
CITY OF CLERMONT
Tim Mu �or
City Clerk
Approved as to Form and Legality:
Daniel F. Mantza�CiAttomey