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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
Metadata
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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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11. 40 <br />HAD <br />11 <br />• <br />(Court struck fire assessments imposed against property based on the ratio of <br />the assessed value of each property to the total value of all property in the <br />district). <br />In comparison, the Supreme Court in City of Naples v. Moon, 269 So. 2d 355 <br />(Fla. 1972), found that the levying of a special assessment for improved parking <br />facilities was valid because the City established specific guidelines to measure <br />the benefits accruing to the assessed property. The guidelines were value of the <br />property benefited, relative floor space of each improved property, its kind, <br />susceptibility to improvement, and the maximum annual benefits to be conferred <br />thereon. City of Niles, 269 So. 2d at 358. <br />Finally, in determining the reasonableness of the apportionment, courts generally <br />give deference to the legislative determination of a local government. In <br />Sarasota Ccum�ty v. Sarasota Church of Christ, 667 So. zd 180 (Fla. 1995) The <br />Supreme Court stated, "The legislative determination as to the existence of <br />special benefits and as to the apportionment of the costs of those benefits should <br />be upheld (by the courts) unless the determination is arbitrary." Sarasota county <br />v. Sarasota Church of Christ, 667 So. 2d at 184. <br />Requirement for a Municipal! Service Benefit Unit <br />Most local government attorneys believe that counties can impose special <br />assessments under Section 125.01(1)(r), Florida Statutes, without creating a <br />municipal service benefit unit pursuant to Section 125.0'1(1)(q). The significance <br />of this disfinctinn is that creation of a municipal----nuic-- bc.n. Tilt unit pursuant to <br />Section 125.01(1)(q) requires consent of any affected municipality. There is, <br />however, a recent case in which a municipality asserted that counties can only <br />impose special assessments within a validly created municipal service benefit <br />unit. Since the Court did not reach the issue, a detailed discussion of the case <br />and the issue is pertinent to this report. <br />
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