Item P10
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
January 21, 2004
Division
County Attorney
AGENDA ITEM WORDING
Approval of a Resolution canceling the special assessment on lot 16, Bloc, 11, and canceling
part of the ad valorem tax and special assessment on lot 23, Block 4, Breezeswept Beach
Estates.
ITEM BACKGROUND
County Biologist advised in December, 2003 that lot 16, Block 11 is unbuildable. During
2003, the Property Appraiser reclassified lot 23, Block 4 as an environmental lot. Had this
information been available when the Municipal Service Culvert District was established or
modified to reflect environmental lots, these parcels would not have been assessed the non-
ad valorem special assessment. Further, lot 23, Block 4 was sold in 2003, requiring the
seller by law to pay the amount of the prior year's tax, prorated for the time held, to the
County. Since state statute requires such payment, the entire assessment and ad valorem
tax on that lot should not be canceled, only the portion which exceeds the amount which the
seller was required to pay.
PREVIOUS RELEVANT BOCC ACTION
CONTRACT/AGREEMENTCHANGES
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OMBjPurchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL~ ~~~
JOHN eOl S
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM
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Board of County Commissioners
RESOLUTION NO.
-2004
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA IN ORDER TO CANCEL A PORTION OF THE AD VALOREM
TAX AND NON-AD VALOREM ASSESSMENT ON PROPERTY ACQUIRED BY THE
LAND AUTHORITY AND TO CANCEL THE NON-AD VALOREM ASSESSMENT ON
AN ENVIRONMENTAL LOT, BOTH IN BREEZESWEPT BEACH ESTATES.
WHEREAS, Ordinance No. 023-2002 established a Municipal Service Culvert District
for Breezeswept Beach Estates; and
WHEREAS, Ordinance No. 010-2003 revised the District by specifically deleting lots
classified as environmental lots; and
WHEREAS, during the calendar year of 2003, the Property Appraiser records
reclassified Block 4, Lot 23, Breezeswept Beach Estates, as platted in Plat Book 4, page 143
of the Official Records of Monroe County, Florida as an environmental lot; and
WHEREAS, had the lot been previously established as an environmental lot, the non-
ad valorem assessment would not have applied to said lot; and
WHEREAS, the Land Authority did acquire said lot on October 6, 2003; and
WHEREAS, the property was acquired for conservation of environmental lands; and
WHEREAS, the amount of the 2003 ad valorem tax and non-ad valorem assessment
was $670.58; and
WHEREAS, the seller made payment at closing to cover the amount of the prior
year's taxes pro-rated for the time period during 2003 that the property was held by the
seller as required by FS ~196.28 and ~196.29; and
WHEREAS, Block 11, Lot 16, Breezeswept Beach Estates, as platted in Plat Book 4,
Page 143 of the Official Records of Monroe County, Florida, has been established by the
County Biologist as unbuildable; and
WHEREAS, 9196.28 Florida Statutes authorizes the Board of County Commissioners
to cancel and discharge any and all liens for taxes, delinquent or current for lands acquired
by the County for public purposes; and
now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. The amount of the total of ad valorem tax and non-ad valorem
assessment levied on Block 4, Lot 23, Breezeswept Beach Estates, Ramrod Key as platted
in Plat Book 4, page 143 of the Official Records of Monroe County, Florida, shall be reduced
to $258.00 to cover the portion required by State Statute to be paid by seller.
Section 2. The remainder of the total of ad valorem tax and non-ad valorem
assessment, totaling $412.58, shall be cancelled pursuant to FS 9196.28.
Section 3. The $670.00 amount of the non-ad valorem assessment levied on Block
11, Lot 16, Breezeswept Beach Estates, Ramrod Key as, platted in Plat Book 4, page 143 of
the Official Records of Monroe County, Florida, shall be cancelled pursuant to FS 9196.28.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 21st day of January, 2004.
Mayor Nelson
Mayor Pro Tern Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
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