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1999-017
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1999-017
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Last modified
7/6/2023 1:59:49 PM
Creation date
7/6/2023 1:54:27 PM
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Template:
Official Documents
Official Document Type
Miscellaneous
Approved Date
01/19/1999
Control Number
1999-017
Subject
Indian River County Beach Preservation Plan/Economic Analysis and Cost
Allocation Plan/Prepared by Applied Technology & Management, Inc. (ATM)
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17> <br />C-7 <br />11 <br />i <br />Although the benefit derived need not be direct and immediate, the benefit must <br />be special and peculiar to the property assessed and not a general benefit to the <br />entire community. Thus, services which are provided by a government may be <br />essential to the public welfare but fail to provide the special benefit necessary for <br />the imposition of a valid assessment.6 <br />Fair and Reasonable Apportionment Requirement <br />An improvement or service which specially benefits the assessed properties must <br />also be "fairly and reasonably apportioned among the benefited properties." C <br />of Boca Raton v. State, 595 So. 2d 25 (Fla. 1992); Parrish v. Hillsborough <br />County, 123 So. 830 (Fla. 1929). For example, in South Trail Fire Control Dist. <br />Sarasota County v. State,. 273 So. 2d 380 (Fla. 1973), the Court upheld the <br />apportionment scheme that assessed business and commercial property on an <br />area basis while other property was assessed on a flat rate basis. The Supreme <br />Cointt heli, that lh& Illarnler of the assessment's apportionment is immaterial and <br />may vary provided that the amount of the assessment for each property does not <br />exceed the proportional benefits it receives as compared to other properties. <br />However, improper apportionment will defeat a special assessment when a <br />special benefit is otherwise available. In City of Ft. Lauderdale v. Carter, 71 So. <br />2d 264 (Fla. 9954), a special assessment for garbage, waste and trash collection <br />was apportioned based upon the value of the property. The Court held this <br />assessment to be invalid in that apportioning on the basis of value did not bear <br />any reasonable relationship to the services provided. See St, Lucie County -Ft. <br />Mlcrco Fire Prevention and Control uistris:t v. Hlgys, 9H9 So. 2d 744 (Flet. 1962) <br />"For example, in Growler V. Phillips, 146 Fla. 440, 1 So, 2d 629 (Fla. 1941), a special assessment for the estab4shmenl <br />and maintenance of a hospital was found to riot afford a special or peculiar benefit to the real property assessed. The <br />court reasoned that the hospital provided benefits to the entire community because of its availability to any person but that <br />no logical relationship existed between the construction and maintenance of the hospital and the assessed properly. <br />Additionally, in Whisnant v. Stringfellow, 50 So 2d 885 (Fla 1951), an assessment for the county heallh unit was held to <br />be invalid in that it benefited everyone in the county, regardless of their slalus a$ properly owners <br />
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