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02/16/2021
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02/16/2021
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4/1/2021 3:24:48 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
02/16/2021
Meeting Body
Board of County Commissioners
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real property. Florida Statute Section 95.11(2)(a) provides for a five-year statute of limitation for an <br />action to foreclose a mortgage. Case law has made it clear that the statute of limitations is five years and <br />begins on the date the lien is recorded, and that the statute of repose allows for collectability without <br />foreclosure up to 20 years after the recording of the lien. See City of Riviera Beach v. Reed, 987 So. 2d <br />168 (Fla. 4th DCA 2008). Florida Statute Section 95.281(1)(b) establishes that a lien terminates "[i]f the <br />final maturity of an obligation secured by a mortgage is not ascertainable from the record of it, 20 years <br />after the date of the mortgage. Thus, liens that do not show as ascertainable from the record, such as <br />those for assessments and impact fees, expire after twenty years. This information influences some of <br />the staff recommendations in creating policy to address the various situations involving aged accounts <br />receivable and liened accounts. This limitation does not apply to water and sewer accounts that consist <br />of monthly reoccurring service availability charges. <br />Unlike the reserve accounts, 131 of the 295 accounts are water and sewer accounts that are, or were, <br />connected to the,system. There are also 14 expired impact fee loans. Expired impact fee loans are those <br />that have exceeded their original term, which is typically five years. Eleven of the 14 accounts exceed <br />twenty years old. None of these accounts currently receives service. Together, the water and sewer <br />accounts and expired impact fee loans make up over $2.4 million in receivables. There are also 150 <br />expired assessment loans. Expired assessments are those over ten years old. Seventy-nine of the <br />assessments are over twenty years old. Expired assessments make up another $640,000 in receivables. <br />A summary of the three types of accounts is depicted in the table below: <br />Account Type <br />Number of <br />Accounts <br />Total <br />Outstanding <br />Debt <br />Principle or <br />Service <br />Availability <br />Penalties & <br />Interest <br />Water & Sewer <br />131 <br />$2,332,000 <br />$636,000 <br />$1,696,000 <br />Impact Fee Loans <br />14 <br />$ 95,000 <br />$ 34,000 <br />$ 61,000 <br />Assessments <br />150 <br />$ 640,000 <br />$270,000 <br />$ 370,000 <br />Totals <br />295 <br />$3,067,000 1 <br />$940,000 <br />$2,127,000 <br />Leaving these accounts to continue to accrue fees does nothing to benefit IRCDUS or its customers. In <br />many cases, the balance due exceeds the value of the property. Since revenues are recorded when a bill <br />is created, the utility revenues currently reflect monies that most likely will never be collected. In order <br />to prevent exponential growth of the receivables balance and to create a means by which to make these <br />marketable, substantial bad debt expense will need to be written -off. <br />WATER & SEWER ACCOUNTS <br />The water and sewer accounts make up $2.3 million in receivables. The table below breaks out the <br />balance between service availability charges and penalties and interest. <br />Account Type <br />Number of <br />Total <br />Principle or <br />Penalties & <br />Accounts <br />Outstanding <br />Service <br />Interest <br />Debt <br />Availability <br />Water & Sewer <br />131 <br />$2,332,000 <br />$636,000 <br />$1,696,000 <br />Of the 131 water and sewer accounts, only 84 still have structures on them. Over the years, many of the <br />structures have been demolished. There are four commercial accounts in this category. Forty-seven (47) <br />94 <br />
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