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JOH 1 S19911 <br />SPECIAL ASSESSMENT PROTESTS <br />KOK 83 F'k4kGE60 <br />A special assessment is a charge imposed by the government to <br />pay for improvements to private property which provide a special benefit to <br />the private property. The amount of the special assessment and the method <br />of its calculation are set by the legislative body of the county, that is, the <br />Board of County Commissioners. <br />Florida law holds that the decision of the Board of County <br />Commissioners is presumed to be correct. This means that the burden of <br />proof is on the one protesting to show that the assessment is somehow <br />improper. <br />Anyone wishing to protest this special assessment may find it <br />helpful to concentrate on the following areas: <br />1. An assessment must not be in excess of the benefits to the <br />property. (This would be a violation of the takings clause of <br />the U.S. Constitution.) <br />2. The assessment cannot be arbitrary, grossly unequal, <br />confiscatory, excessive, disproportionate to the amount <br />charged other similar properties, discriminatory, or so devoid <br />of any reasonable basis as to be an abusive power. (These <br />would be a violation of the equal protection clause of the <br />U.S. Constitution. ) <br />3. The assessment must have been adopted after compliance with <br />the notice and opportunity to be heard provisions of state <br />and local law. (A violation of this would be a violation of the <br />due process clause of the U.S. Constitution.) <br />The Board reviewed memo from Utility Services Director Terry <br />Pinto dated June 6, 1991: <br />16 <br />