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2020-19 Non-Ad Valorem AssessmentsRESOLUTION NO.2020.19 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; ADOPTING THE UNIFORM METHOD FOR THE LEVY, COLLECTION AND ENFORCEMENT OF NON -AD VALOREM ASSESSMENTS PURSUANT TO SECTION 197.3632, FLORIDA STATUTES FOR DRAINAGE, ROAD IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO ROADSIDE DITCHES, SWALES, CULVERTS, AND SIDEWALKS, STREET LIGHTING, STREET RESURFACING, CANAL OR DITCH CLEANING AND MAINTENANCE, FIRE PROTECTION SERVICES AND FACILITIES, STORMWATER TREATMENT, MOSQUITO CONTROL, THE ABATEMENT OF NUISANCES AS DESCRIBED IN CHAPTER 30, SECTIONS 30-31 TO 30-46, OF THE CITY CODE OF ORDINANCES AND CHAPTER 60 FLORIDA STATUTES, AT CERTAIN PROPERTIES, INCLUDING BUT NOT LIMITED TO, THE COST OF ABATING OF NUISANCES AS PROVIDED IN THE AFOREMENTIONED SECTIONS OF THE CITY CODE AND FLORIDA STATUTES AS AMENDED FROM TIME TO TIME, WITHIN THE INCORPORATED AREA OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Okeechobee, Florida (the "City") is contemplating the imposition of special assessments for the provision of the costs of providing drainage, road improvements, including, but not limited to roadside ditches, swales, culverts, and sidewalks, street lighting, street resurfacing, canal or ditch cleaning and maintenance, fire protection services and facilities, stormwater treatment, mosquito control, and the abatement of nuisances as described in Chapter 30, Sections 30-31 to 30-46 of the City Code of Ordinances, and as set forth in Chapter 60 Florida Statutes at certain properties, including but not limited to, the cost of abating of nuisances as provided in the aforementioned sections of the City Code and Florida Statutes, as amended from time to time; and WHEREAS, the City intends to use the uniform method for collecting non -ad valorem special assessments for the cost of providing drainage, road improvements, including, but not limited to roadside ditches, swales and sidewalks, street lighting, street resurfacing, culverts, canal cleaning and canal maintenance, ditch cleaning, fire protection services and facilities, stormwater treatment, and mosquito control, and the abatement of nuisances as described in Chapter 30, Sections 30-31 to 30-46 of the City Code of Ordinances, and Chapter 60 Florida Statutes, at certain properties, including but not limited to, the cost of abating of nuisances as provided in the aforesaid codes and statutes, as amended from time to time, to property within the incorporated area of the City as authorized by Section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing on October 1, 2021, in the same manner as provided for ad valorem taxes; and WHEREAS, the City duly advertised and held a Public Hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: Commencing with the Fiscal Year beginning on October 1, 2021, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes, as amended, for collecting non -ad valorem assessments for the cost of providing drainage, road improvements, including, but not limited to roadside ditches, swales, culverts, and sidewalks, street lighting, street resurfacing, canal or ditch cleaning and maintenance, fire protection services, stormwater treatment, mosquito control, and the abatement of nuisances as described in Chapter 30, Sections 30-31 to 30-46 of the City Code of Ordinances, and Chapter 60 Florida Statutes, at certain properties, including but not limited to, the cost of abating of nuisances as provided in Sections 30-31 to 30-46, and Chapter 60 Florida Statutes, as amended from time to time. Such non -ad valorem assessments shall be levied within the entire incorporated area of the City. SECTION 2: The City of Okeechobee shall, at least 20 days prior to a Public Hearing adopting a non -ad valorem assessment roll and an ordinance creating and establishing this non -ad valorem method of collection, provide notice by first class mail, and publication, to each person owning property subject to the assessment, describing the effect of such an ordinance as set forth in Florida Statute Chapter 197.3632(4)(b), and that each property owners right to file objections with the City Council to the adoption of such ordinance within 20 days of such notice. SECTION 3: That the legal description to the boundary within which real property will be subject to this non -ad valorem assessment is attached hereto as Exhibit B. RESOLUTION No. 2020-19 PAGE 1 OF 8 SECTION 4: Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Okeechobee County Tax Collector, and the Okeechobee County Property Appraiser by January 10, 2021. SECTION 5: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION 6: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 7: Effective Date. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in Regular Session this 15th day of December, 2020. ATT ST: Dowling F�.'Watford, Jr., Mayor � - )Y6 Lane Gamiotea, GMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. F mero, City Attorney RESOLUTION No. 2020-19 PAGE 2 OF 8 RESOLUTION NO.2020-19 EXHIBIT A Proof of Publication STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee County, • florida, that the attached copy of an advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisAment for publication in the said newspaper. Katrina Elsken Muros Sworn.to.and subscribed;bofore me thi _-1%.91 � day of tk_._ :°i ti- i; �" .,�~ %t C )AD Notary Public, State of Florida at,Large ANGIE BRIDGES ;A�= MY COMMISSION # GG 971582 ,45` EXPIRES: April 20, 2024 Bonded Thru Notary Public Underwriters Jt Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 CTfYO'0KE CHOBEE F NOTICE OFINTENTTO USE UNIFORM METHOD OF ODU_FCTING NM AD VA! ORPM ASSESSMENTS The Oly of Florida (atj heresy Pwlies noft Pik m SaWm 19731 Z(3 a) oritstrhntmraetteurTomrmednd of mkdk9 G6l n sued asaa>Srrrerd m be leveed within the tans panted area of the for the a7 � w gG t e 9 ar.r or all of the mmwf,� sadrahar� trrpro+errerft trdndorg but not tired ma dronaga,iode " pr; sery card faaPoes stern wQ®b1,er,t and mosputo mntrot, lte abaterre t or nrA$ro?s as devbed tt aepta30, Sedior63o-31 m M46ofthe UyG�o�d�eofOrdnW02S arrd Qa M 1 L atoertap proparde% na�9 dt rot in71fPf1 m thec�of a6atinng cf nu�rros as to D,e aforerrerAixrad sedtxs o(ma code and Florin slaftft as acne ded morn tune m ttme, mro- aaopmmjM�non the n mlimbn year tD �n r ll soh as naAsarAho tar bbyySectlon 197.3632,t�` at a Public Hearing in be held on Tuesday Deoanber 15, 2D20, at 6'00 P^ or as soon thereafter as possM In the camel Chwben; at @y tiers 555E 3rd Avenue, Room 200, Olmednobee, Fbrida. Such wa styl. the reed for the Wy and will oxAan a 1ag31 desu DBon of the banduies d the real property m the kvy. ofthe proPmed form Of r®oKMb whfdr mnfaY�s De fy rr1fp 'subjat m ft teuy, are on r� at tte otno? or De Oeric d tom. a tA�md posomare Mad mattered In ee eett ary pa" ftbes m appeal ary dew made by de Oh Carxd wMh respectm ary names reti" m the mrsiderauon of the re9*fdD n at the abmej& xed pJok heartrg, a remN of the prooael6y fray be needed arid hsudsaneArksudsperson maymad mensure metaw baton named of by pubk tearW 6 made, Wirth ravel nlxks de teatmm/ and flkterltEon Mich the appeal ism be based. Ina3mrdarm a With tteAmeriars wph D�bitiesAcS persxs need�rq a areomt aommradation m paditlpam in tt [s prooeacbng sfgW mnm¢ the Oty OOeratt�� REoe ro pia 4erl seen days asps m �� 863-7G3337Y, 1 YDU ARE FFIRWG 55-87 0. ULL 1 1; IFYC7JAREVOICE IMPA]R®CN.L 1-BOD95S8770. 13E ADVOM 1:111 d xM you t terrd tD elm any doamrerty pitm, vbm or Aernsm De ayOxxd it wpportoropprstbn of US matte; a mp/of the Ct,Cla,,t ptld � K)Srbepimidmatthe promecngmthe 442799CN 11/18,25,1212,9/2020 ?Mp RESOLUTION No. 2020-19 PAGE 3 OF 8 RESOLUTION NO.2020-19 EXHIBIT B Legal Description to the boundary of the City of Okeechobee, Florida: THE TERRITORIAL BOUNDARIES OF THE CITY OF OKEECHOBEE, FLORIDA, AS TODAYS DATE ARE AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15 IN TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND THEN RUN SOUTH TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, THEN RUN WEST ALONG THE SECTION LINE DIVIDING SECTIONS 22 AND 27 AND 21 AND 28, TO THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, THEN RUN NORTH ALONG THE SECTION LINE DIVIDING SECTIONS 20 AND 21 AND 16 AND 17 TO THE NORTHWEST CORNER OF SECTION 16 IN TOWNSHIP 37 SOUTH, RANGE 35 EAST, THEN RUN EAST ALONG SECTION LINE DIVIDING SECTION 9 AND 16 AND 10 AND 15 TO POINT OF BEGINNING; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE: FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 28 TOWNSHIP 37 SOUTH OF RANGE 35 EAST AND THEN RUN SOUTH TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 SOUTH OF RANGE 35 EAST, THEN RUN WEST TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 28 TOWNSHIP 37 SOUTH OF RANGE 35 EAST AND THEN RUN NORTH TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 SOUTH OF RANGE 35 EAST, AND THEN RUN EAST TO POINT OF BEGINNING; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 9, TOWNSHIP 37 SOUTH, RANGE 35 EAST AND BEAR NORTH ALONG THE EAST LINE OF SAID SECTION 9 A DISTANCE OF 325.12 FEET TO THE SOUTH BOUNDARY OF THAT PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 207, PAGE 177, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THEN BEAR SOUTH 89059'53" WEST ALONG THE SOUTH BOUNDARY OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 207, PAGE 177, A DISTANCE OF 351.67 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 15 (A/K/A PARROTT AVENUE); THEN BEAR SOUTH 00°00'07" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 301.12 FEET; THEN BEAR NORTH 89°52'43" EAST ALONG SAID ROAD RIGHT-OF- WAY LINE A DISTANCE OF 20.00 FEET; THEN BEAR SOUTH 00°00'07" EAST ALONG SAID ROAD RIGHT -OF -WAY LINE A DISTANCE OF 24.69 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 9; THEN BEAR NORTH 89052'43" EAST ALONG THE SOUTH LINE OF SAID SECTION 9 A DISTANCE OF 331.66 FEET TO THE POINT OF BEGINNING. ALSO: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST AND BEAR NORTH ALONG THE WEST LINE OF SAID SECTION 10 A DISTANCE OF 325.12 FEET TO A POINT ON THE SOUTH BOUNDARY OF THAT PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 207, PAGE 177; THEN BEAR NORTH 89°59'53" EAST A DISTANCE OF 448.33 FEET ALONG THE SOUTH BOUNDARY OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 207, PAGE 177; THEN BEAR SOUTH 00000'07" EAST ALONG THE EXTENSION OF THE EAST BOUNDARY OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS OF BOOK 207, PAGE 177, A DISTANCE OF 321.60 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 10; THEN BEAR SOUTH 89°32'54" WEST A DISTANCE OF 448.36 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST; ADOPTED ON JUNE 6, 1983 BY ORDINANCE NO.486 RECORDED IN OFFICIAL RECORD BOOK 284 PAGES 372-373, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: LOT 6 AND THE SOUTH HALF OF LOT 5 OF BLOCK 44; LOTS 14 THROUGH 16, INCLUSIVE OF BLOCK 45; LOTS 11 THROUGH 16, INCLUSIVE OF BLOCK 52; LOTS 1 THROUGH 6, INCLUSIVE OF BLOCK 53; LOTS 1 THROUGH 6, INCLUSIVE OF BLOCK 68; LOTS 11 THROUGH 16, INCLUSIVE OF BLOCK 69; LOTS 11 THROUGH 16, INCLUSIVE OF BLOCK 76 AND LOTS 1 THROUGH 6, INCLUSIVE OF BLOCK 77 ALL LOCATED IN CONNER'S HIGHLANDS, AS RECORDED IN PLAT BOOK 1, PAGE 21, OFFICIAL RECORDS OF OKEECHOBEE COUNTY; ADOPTED ON AUGUST 1, 1983 BY ORDINANCE NO. 489 RECORDED IN OFFICIAL RECORD BOOK 256 PAGE 991, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: LOTS 17 THROUGH 26, INCLUSIVE OF BLOCK 52 AND LOTS 1 THROUGH 10, INCLUSIVE OF BLOCK 69 ALL LOCATED IN CONNER'S HIGHLANDS, AS RECORDED IN PLAT BOOK 1, PAGE 21 OFFICIAL RECORDS OF OKEECHOBEE COUNTY; ADOPTED ON DECEMBER 10, 1984 BY ORDINANCE N0, 526 RECORDED IN OFFICIAL RECORD BOOK 275 PAGE 1231, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESOLUTION No. 2020-19 PAGE 4 OF 8 AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: LOTS 1 THROUGH 6, INCLUSIVE AND 8 THROUGH 10, INCLUSIVE OF BLOCK 76; LOTS 17 THROUGH 26, INCLUSIVE OF BLOCK 69 ALL LOCATED IN CONNER'S HIGHLANDS, AS RECORDED IN PLAT BOOK 1, PAGE 21 OFFICIAL RECORDS OF OKEECHOBEE COUNTY; ADOPTED ON NOVEMBER 19, 1985 BY ORDINANCE NO. 563 RECORDED IN OFFICIAL RECORD BOOK 280 PAGE 921, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: LOTS 1 THROUGH 10, INCLUSIVE OF BLOCK 52; AND LOTS 17 THROUGH 26, INCLUSIVE OF BLOCK 45 ALL LOCATED IN CONNER'S HIGHLANDS, AS RECORDED IN PLAT BOOK 1, PAGE 21 OFFICIAL RECORDS OF OKEECHOBEE COUNTY; ADOPTED ON DECEMBER 2, 1986 BY ORDINANCE NO. 583 RECORDED IN OFFICIAL RECORD BOOK 283 PAGE 790, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: PARCEL "C": SOUTH ONE-HALF OF SOUTHWEST ONE -QUARTER OF NORTHWEST ONE -QUARTER OF NORTHWEST ONE -QUARTER. LYING IN SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA; ADOPTED ON JANUARY 20, 1987 BY ORDINANCE NO. 587 RECORDED IN OFFICIAL RECORD BOOK 284 PAGE 374, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: LOT 7 OF BLOCK 76 LOCATED IN CONNER'S HIGHLANDS, AS RECORDED IN PLAT BOOK 1, PAGE 21 OFFICIAL RECORDS OF OKEECHOBEE COUNTY; ADOPTED ON SEPTEMBER 5, 1989 BY ORDINANCE NO. 613 RECORDED IN OFFICIAL RECORD BOOK 307 PAGES 220-221, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: PARCEL I -THE NORTHWEST ONE -QUARTER OF THE NORTHWEST ONE - QUARTER OF THE NORTHEAST ONE -QUARTER; TOGETHER WITH THE NORTHEAST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER LYING NORTH AND EAST OF TAYLOR CREEK; ALSO THE WEST 176 FEET OF THE NORTHEAST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER, LESS PLAT OF THE SECOND ADDITION OF OKEECHOBEE ESTATES, ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHEAST CORNER OF LOT NO. 14, OKEECHOBEE ESTATES, ACCORDING TO RE -PLAT OF LOTS 1 TO 14 OF OKEECHOBEE ESTATES, AS RECORDED IN PLAT BOOK 3, PAGE 55, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THEN RUN SOUTH 00022'24" EAST FOR A DISTANCE OF 55 FEET, THEN NORTH 89037,361, WEST A DISTANCE OF 55 FEET MORE OR LESS TO TAYLOR CREEK, THEN NORTHWESTERLY ALONG THE BOUNDARIES OF TAYLOR CREEK TO A POINT OF AN EXTENDED LINE PARALLEL TO THE SOUTH LINE OF HEREIN DESCRIBED TRACT THEN SOUTH 89037'36" EAST FOR A DISTANCE OF 100 FEET, MORE OR LESS, TO POINT OF BEGINNING. ALL BEING IN SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. PARCEL V-NORTHEAST QUARTER OF NORTHEAST QUARTER; EAST HALF OF NORTHWEST QUARTER OF NORTHEAST QUARTER LESS AND EXCEPT THE WEST 176.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER ALL BEING IN SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST; ADOPTED ON OCTOBER 3, 1989 BY ORDINANCE NO. 616 RECORDED IN OFFICIAL RECORD BOOK 307 PAGES 1405-1406, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: PARCEL VI -THAT PART OF THE SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHEAST QUARTER LYING NORTH AND EAST OF TAYLOR CREEK; THAT PART OF THE SOUTH HALF OF NORTHEAST QUARTER LYING NORTH AND EAST OF TAYLOR CREEK; THAT PART OF THE NORTH HALF OF SOUTHEAST' QUARTER LYING NORTH OF TAYLOR CREEK, ALL BEING IN SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST; ADOPTED ON JANUARY 2, 1990 BY ORDINANCE NO. 622 RECORDED IN OFFICIAL RECORD BOOK 310 PAGE 480, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTIONS 27 AND 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AS SHOWN ON THE ORIGINAL GOVERNMENT LAND OFFICE (G.L.O.) TOWNSHIP PLAT AND AS APPROVED BY THE SURVEYOR GENERAL ON SEPTEMBER 29, 1903. ALL OF WHICH IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FOR REFERENCE AT A FOUND 5/8" IRON ROD WITH CAP (STAMPED "PLS 3372") AT THE EAST QUARTER SECTION CORNER OF SAID SECTION 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST; THENCE, BEARING SOUTH 89030'05" WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 SOUTH, RANGE RESOLUTION NO.2020-19 PAGE 5 OF 8 35 EAST, A DISTANCE OF 297.04 FEET TO SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179) AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THEN, CONTINUING ALONG SAME, BEARING SOUTH 89030'05" WEST A DISTANCE OF 62.29 FEET TO A SET P.K. NAIL AND DISK (STAMPED LB 6221) ON THE EAST RIGHT-OF-WAY LINE OF U.S. 441, (A/K/A STATE ROAD 15 AND PARROTT AVENUE), 100 FEET WIDE RIGHT-OF-WAY;THEN, LEAVING THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 28, BEARING NORTH 00010'23" WEST ALONG SAID EAST RIGHT-OF- WAY LINE OF U.S. 441, A DISTANCE OF 242.00 FEET TO THE SOUTH LINE OF BLOCK 51 FIRST ADDITION TO SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 17, OKEECHOBEE COUNTY, FLORIDA; THEN, LEAVING THE EAST RIGHT-OF-WAY LINE OF U.S. 441, BEARING NORTH 89030,051, EAST ALONG SAID SOUTH LINE OF BLOCK 51, A DISTANCE OF 359.56 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179) ON THE EAST LINE OF SAID SECTION 28; THEN, LEAVING THE SOUTH LINE OF BLOCK 51, BEARING NORTH 00-07-12" WEST ALONG SAID EAST LINE OF SECTION 28 AND ALONG THE EAST LINE OF SAID BLOCK 51, A DISTANCE OF 295.93 FEET TO A SET 7/81' IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, LEAVING THE EAST LINE OF SECTION 28 AND THE EAST LINE OF BLOCK 51, BEARING NORTH 89018'40" EAST A DISTANCE OF 483.36 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, BEARING NORTH 00010'23" WEST A DISTANCE OF 121.82 FEET, TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, BEARING NORTH 89018'40" EAST ALONG THE NORTH LINE OF SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27 A DISTANCE OF 528.47 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, BEARING SOUTH 00010'23" EAST ALONG A LINE 1421.61 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF THE AFORESAID U.S. 441, A DISTANCE OF 730.00 FEET TO A SET 7/81, IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, BEARING SOUTH 89018'40" WEST A DISTANCE OF 285.41 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, BEARING SOUTH 18029'43" EAST A DISTANCE OF 234.56 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, BEARING SOUTH 00010'23" EAST A DISTANCE OF 173.72 FEET TO A SET 4"X 4" CONCRETE MONUMENT WITH ALUMINUM ALLOY CAP (STAMPED M.F. LENZ CO. LB 6221); THEN, BEARING SOUTH 89'18'28" WEST ALONG THE NORTH LINE OF LANDS OF CITY MARKETS BUILDING, INC. AS RECORDED IN OFFICIAL RECORDS BOOK 205, PAGE 285 AND OFFICIAL RECORDS BOOK 201, PAGE 73, A DISTANCE OF 1021.76 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179), AT THE SOUTHEAST CORNER OF THOSE LANDS OF LOUIS R. DEMICCO AS RECORDED IN OFFICIAL RECORDS BOOK 200, PAGE 893 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THEN, LEAVING THE NORTH LINE OF LANDS OF CITY MARKETS BUILDING, INC., BEARING NORTH 00007'12" WEST ALONG THE EASTERLY LINE OF THOSE LANDS OF LOUIS R. DEMICCO, A DISTANCE OF 424.40 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, CONTINUING ALONG THE LANDS OF LOUIS R. DEMICCO, BEARING SOUTH 89030'05" WEST A DISTANCE OF 35.00 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, CONTINUING ALONG THE LANDS OF LOUIS R. DEMICCO, BEARING NORTH 43044'23" WEST A DISTANCE OF 59.98 FEET TO THE POINT AND PLACE OF BEGINNING; THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 1,182,298.90 SQUARE FEET OR 27.14 ACRES. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE; ADOPTED ON MARCH 17, 1998 BY ORDINANCE NO. 710 RECORDED IN OFFICIAL RECORD BOOK 403 PAGES 1627- 1631, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. TOGETHER WITH: EAST PARCEL (1 of 2): A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THEN PROCEED NORTH 89032,541, EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 315, PAGE 746 AND THE POINT OF BEGINNING. THEN DEPARTING SAID SOUTH LINE, RUN NORTH 00°00'07" WEST ALONG THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 315, PAGE 746, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF LAND; THEN DEPARTING SAID EAST LINE, RUN NORTH 89059'53" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 374.51 FEET TO A POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN OFFICIAL RECORD BOOK 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THEN RUN SOUTH 31040'29" WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF 289.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAID WEST LINE, SAID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 410.00 FEET AND A CENTRAL ANGLE OF 11032'39"; THEN SOUTHERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT, A DISTANCE OF 82.61 FEET TO THE RESOLUTION N0.2020-19 PAGE 6 OF 8 INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 10; THEN DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89032'54" WEST ALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 186.72 FEET 'TO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 1.250 ACRES; TOGETHER WITH NORTH PARCEL (2 OF 2): A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THEN PROCEED NORTH 89032,541, EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 315, PAGE 746; THEN DEPARTING SAID SOUTH LINE, RUN NORTH 00000' 07" WEST, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 315, PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 219, PAGE 593 AND THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 524, PAGE 180, ALL PER THE PUBLIC RECORDS Of= OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THEN CONTINUE NORTH 00000'07" WEST, RUNNING ALONG THE EAST LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 219, PAGE 593, A DISTANCE OF 280.17 FEET; THEN DEPARTING SAID EAST LINE, RUN NORTH 89059-53" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 547.38 FEET TO A POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN OFFICIAL RECORD BOOK 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THEN RUN SOUTH 31040' 29" WEST, ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF 329.21 FEET TO THE NORTHEAST CORNER OF THE AFORESAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 524, PAGE 180; THEN DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89059' 53" WEST, ALONG THE NORTH LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 524, PAGE 180, A DISTANCE OF 374.51 FEET TO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 2.960 ACRES. CONSISTING OF APPROXIMATELY 2,659 ACRES, MORE OR LESS. (TOTAL AREA IN ACREAGE OF THE CITY OF OKEECHOBEE AS HEREIN DESCRIBED AS OF THE DATE OF THE LAST ANNEXATION ON MAY 19, 2015 SET OUT ABOVE). RESOLUTION N0.2020-19 PAGE 7 OF 8 CITY OF OKEECHOBEE BOUNDARY RESOLUTION N0.2020-19 PAGE 8 OF 8 1IDEPENDENT EDIA INC. USA NEWSM Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 fl[E3COPY Res. .oa0-1c3 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee County, lrida, that the attached copy of an advertisement being a ►Ce in the matter of,(', ! ‘F V 04 �"%'e t' :iris � �j"��,`j`.� iYla, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of t(i cl I 4.,c)c)() Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertism;nt for publication in the said newspaper. Katrina Elsken Muros Sworn toand subscribed;be ore me thi day of ‘_. -°d' 1L 1 vtkj— !I' ,-MIC> a (‘)AD Notary Public, St to of Florida at Large . 1:,;;"6 ANGIE BRIDGES Ynri �' 1 MY COMMISSION # GG 971582 ��•.?;` EXPIRES: April 20, 2024 ''f;`?."`O'' Bonded Thru Notary Public Underwriters i CITY OF OKEEHOBEE,FL C�ADUNIFORM METHOD OF COLLECTING NON -AD ENSS The Cly of 0 ray hereby pis notice puraEntto Se1im1973E32(3 a) of isattouse the udarmmethod of mledtg r �a�Matto arern spedal asseamertto be levied whir the hour- plated � meoast siding d al iforodrg servizeso- i improvements, td ing butnlimited m roadside arty swats, culverts, and sidevs's, street ightrig, sheet resurfacini ca- nal a ditd, Boning and maid >ae, fie protection services and fac hies, Mann water beetrootand nteruilomrdrol,the abamnaccfnuisances as (lambed nCiapler30,5edias30-31 to3046cftheatkCode of Ordreras and Chapter 60,133HaSIALeS, atcert m appeals.,e, to, the cost ofabating ofnuianc asPprrowgdeah the afor�wdionedsedios of the ayCodeand Roddy Si as amended from 7time ettyo time, tom- mendngthe adoptbn the a nnohdotr electing two um the October ur�iorrn method of collecting sdiassassments autliaV�b1e/ySedion1971617, ,ataPubic Hearing to be held on hcsday, December 15, 2026, aat600 P.M, or as soon thaata das possble, In die Couici Chambers, at City ty Hai, 55SE 3rd Av R Room 206, Okeechobees Florida. Seth the need falters bey aid wi oxtail a heal denn4e cfthe boudares cf the real properly subplot toOreFay Copies othe PW�'dfirmfresoktia, Mich aitlam Bereal the areon fie at he Office cite aY oak of ida.Ariterested priors are Invited to attend. In the evert ere/ person deckles to appal any der>don made by the ay Cour ilwlhrespecttoartymatterrelatingtotheaasderationoffheresoliAbn at the atm-referenced pubic heaig, a lamed cf the pmmxi g may be needed and In an sleet: such person may reed to asrrethataWrbatim reord of the public heanig Is made, which toned Includes the iatbmrty and evilerm on which the appeal Mu be based In accadancewththeMerian g g shcrid contact the Ceriot Mice no later than se.en days g, 8863-76333.FU ARE FEARING A1PAWB) CALL 1 IFYOUARE VOICE I PAIt®CALLI-8O095507/0. BE ADVISED that world you trend to show are/ &amen, Ochre, video orba sto the CityCardhsypatoropposltloofthimotleyacPycfthe Ware, video, or tan MUST be podded at the pro:axi g to the ay Oak or the aySrecords 442799 ON 11/18,25,12j2,9/2020 FILE COPY Bobbie Jenkins From: Bobbie Jenkins Sent: Monday, December 21, 2020 11:52 AM To: City Attorney ; Marcos ; India Riedel Cc: Lane Gamiotea; Robin Brock; City - J.J. Smith Subject: Resolution 2020-19 & Correspondence Attachments: Resolution No. 2020-19 and correspondence.pdf Good morning, Attached for your records is a copy of Resolution 2020-19 and correspondences sent to the FDOR, County Tax Collector, and County Property Appraiser. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 City of J/ocehob,zg, noricid Of f icR of th(z City Clork December 21, 2020 Mrs. Celeste Watford Okeechobee County Tax Collector 307 Northwest 5th Avenue, Suite B Okeechobee, Florida 34972 Dear Mrs. Watford: The City of Okeechobee adopted Resolution No. 2020-19 regarding non -ad valorem special assessments. As required by Florida Statute 197.3632, the enclosed copy is for your records. The Resolution is also being provided to the Florida Department of Revenue and the Okeechobee County Property Appraiser. Should you have any questions, or need additional information, you may contact me at Iamiotea@cityofokeechobee.com, or by calling my office at 863.763.3372 ext. 9814. With best regards, I am Sincerely, Lane Gamiotea, CMC City Clerk LG/bj Enclosure E-copy w/enclosure: John J. Fumero, City Attorney Marcos Montes De Oca, City Administrator City flail 55 5.e. Third Ivaiu2, Room 100 ® Okno_ehobwrz, 'Florida 34974•-2903 863.763-3372 Qxt, 981¢ fax: 863.763.1686 A www.cityofoktrccchobmcorn Thi of D/ og ebobbg, Florida Of f is i of thsz City Clszrk December 21, 2020 Mr. Mickey Bandi Okeechobee County Property Appraiser 307 Northwest 5th Avenue, Suite A Okeechobee, Florida 34972 Dear Mr. Bandi: The City of Okeechobee adopted Resolution No. 2020-19 regarding non -ad valorem special assessments. As required by Florida Statute 197.3632, the enclosed copy is for your records. The Resolution is also being provided to the Florida Department of Revenue and the Okeechobee County Tax Collector. Should you have any questions, or need additional information, you may contact me at Igamiotea©cityofokeechobee.com, or by calling my office at 863.763.3372 ext. 9814. With best regards, I am Sincerely, d1(,1,,E ,�r�)116.. _ Lane Gamiotea, CMC City Clerk LG/bj Enclosure E-copy w/enclosure: John J. Fumero, City Attorney Marcos Montes De Oca, City Administrator City 'hall • 55 S.C. Third '4vsznusz,Room 100 • Okszszehobsuz, Florida 34,974,-2903 • 863.763-3372 fzxt. 9814, • Fax: 863.763.1686 • www.eityofoksuzehobszo.eom Offierz of thR Citg Clark December 21, 2020 Property Tax Oversight Florida Department of Revenue Post Office Box 3000 Tallahassee, Florida 32315-3000 To Whom It May Concern: The City of Okeechobee adopted Resolution No. 2020-19 regarding non -ad valorem special assessments. As required by Florida Statute 197.3632, the enclosed copy is for your records. The Resolution is also being provided to the Okeechobee County Property Appraiser and Tax Collector. Should you have any questions, or need additional information, you may contact me at Igamiotea@cityofokeechobee.com, or by calling my office at 863.763.3372 ext. 9814. With best regards, I am Sincerely, Abe j (otoicu Lane Gamiotea, CMC City Clerk LG/bj Enclosure E-copy w/enclosure: John J. Fumero, City Attorney Marcos Montes De Oca, City Administrator Citg ilall • 55 Third'9vRnur1, Room TOO • Okozehoboz, Florida 34.974,-2903 • 863.763-3372 Qxt. 9814, • Fax: 863.763.1686 • www.eitgofokQQchob¢sz.com Lane Gamiotea FILE coe , From: Gloria M. Velazquez <GVelazquez@nasonyeager.com> Sent: Monday, November 8, 2021 7:28 PM To: Lane Gamiotea; City Attorney; Gary Ritter Cc: J.J. Smith; Robin Brock; Missy Hernandez; Gloria M. Velazquez Subject: Response to Annual Special Assessment Resolution & Advertisement Question Attachments: 12D-18.003 (1) Notice Req.doc; 50.011 Publication of Legal Notices.pdf 3- eak.„ 4---fact cyd=t kid csokincLot Gilorta rN611, Good evening,Lane. In reading the statute referenced in your email, I noticed that the language states that a local government is only obligated to pass a resolution for the first time it elects to use the uniform method of collecting assessments. This was done last year. Pursuant to Florida law, "a local government which is authorized to impose a non-ad valorem assessment and which elects to use the uniform method of collecting such assessment for the first time as authorized in this section shall adopt a resolution at a public hearing prior to January 1." See §197.3632(3)(a),Fla. Stat.; See Fla. Admin. Code 12D-18.003 (4)For non-ad valorem assessments levied for more than one year, if both the advertisement and the resolution express the intent to use the uniform method of collection, for more than one year, for specific years, or for each year until discontinued for a year,the local government need not adopt a resolution or advertise each year. I am of the opinion based on the Statute and Florida Administrative Code,that the advertisement and resolution language adopted last year and highlighted and underlined below expresses the intent to use the uniform method of collection without limitation going forward,therefore the City need not adopt a resolution or advertise each year. As to your question of the notice,while moot now,would require four(4)full seven(7)weeks of notice. See Fla. Admin. Code 12D-18.003 (b)The local government shall publish notice of its intent to use the uniform method for collecting such assessment weekly in a newspaper of general circulation within each county contained in the boundaries of the local government for four consecutive weeks preceding a public hearing to adopt a resolution of its intent to use the uniform method of collection. This period shall be computed as follows. The four weeks shall be the four weeks immediately preceding the date of the hearing. Each week shall be comprised of the immediately preceding seven days. One such notice shall appear in the newspaper during each one of these four weeks.A copy of the Fla. Admin. Code 12D-18.003 (b) is attached. Please note that the legislature passed a new bill in 2021 amending § 50.011, Fla. Stat.which takes effect January 1,2022 which would allow a local government to publish its notice of intent to use the uniform method of collection for collecting non-ad valorem assessments on a newspaper's website. The statute deals with Publication of legal notices, § 50.011, Fla. Stat.See attached. This is important as it deals with all types of legal and official advertisements and not only for the issue at hand today. Please let me know if you have any questions. Gloria RESOLUTION LANGUAGE 2020 1 • WHEREAS, the City intends to use the uniform method for collecting non-ad valorem special assessments for the cost of providing drainage, road improvements, including, but not limited to roadside ditches, swales and sidewalks, street lighting, street resurfacing, culverts, canal cleaning and canal maintenance, ditch cleaning, fire protection services and facilities, stormwater treatment, and mosquito control, and the abatement of nuisances as described in Chapter 30, Sections 30-31 to 30-46 of the City Code of Ordinances, and Chapter 60 Florida Statutes, at certain properties, including but not limited to, the cost of abating of nuisances as provided in the aforesaid codes and statutes, as amended from time to time, to property within the incorporated area of the City as authorized by Section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing on October 1, 2021, in the same manner as provided for ad valorem taxes; and SECTION 1: Commencing with the Fiscal Year beginning on October 1, 2022, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non- ad valorem assessments authorized in Section 197.3632, Florida Statutes, as amended, for collecting non-ad valorem assessments for the cost of providing drainage, road improvements, including, but not limited to roadside ditches, swales, culverts, and sidewalks, street lighting, street resurfacing,canal or ditch cleaning and maintenance,fire protection services,stormwater treatment, mosquito control,and the abatement of nuisances as described in Chapter 30, Sections 30-31 to 30- 46 of the City Code of Ordinances, and Chapter 60 Florida Statutes, at certain properties, including but not limited to, the cost of abating of nuisances as provided in Sections 30-31 to 30-46, and Chapter 60 Florida Statutes,as amended from time to time.Such non-ad valorem assessments shall be levied within the entire incorporated area of the City. ADVERTISEMENT LANGUAGE 2020 CITY OF OKEEatial3CE,FL NOIRE OF INTENT TOUSEUNIFORMMETHOOOF CQUIC ri tfQi±AP VP.LOREM II:55E95MEt 1 t. C ly of OTtettiotee,F lut Ia(O','•)h..!r fiy PTu•'i-S 43M b) Etxliica}973632(3Xa) ei �:ihft tf i,iY.t71ttotfti'tir-Inform method p cni-1:Tn]mrxrl v..Ekrtsn Sirdol<rrr.Tnr-rrt to he lev4iJ.vt;rirt ete Yr_cY- Ixaatcri.tral of tte C k,for tir tnt of;w[n•Ftvrl any rr at of Ur. is Atv,irg r T•.nT�: c1r-+nYte, rtxY Irnprmerrents., ►Y1tI T tx.k rx..t Ir t eili to roa.— e atth,9.vtS ai','_tt, and fxi,�...n±k;sprit $ti', 51x t r[ riaxxJ,cr nro or rttzh rY}mng aid rrttttLstifs7a ire rxrtzc,1lrn any arxi tlrrtrn w tjT to-ti iii..cd rrixn SIA arrtrol,the abatL•rr rtt of lu. am- ris d<�i7itxi1 n(;:hapttr 30,S2cbnrr;X1-31 to 30-46 or It City COY_of Omit la,Tat; acd Oloi tlY CO,f t'5 to ,at ostokt prsF'i1S5,,inactive)but not unity, to the curly(tz?r-t4i x x)a nut5.ats as paa.•kka7 in the ark,' r r�s,.ic+x d xxr cd the Qv Code Farr) I SYa I trnxt)+t1 ¶earn time.to tn-re., corn- [Telling kr U r ttiall war Us_ iuttxjonCrtot>E'r 1,202LT11/2:rayK3rs'Y# tlx:acbotiert cf a refol Etlxi electing to ttr urs.orrn ITV:thol Ot cr,rElz�1 such.2i-';31Y_115?loth rti d try l'A ticrt 1913632, era Pubt is I tearing to he In-41 rn Tuesdays,ih+npnbcr 15,2020,at 6:00 P.M., cx 'rx'rt tt>--nal tpr a;nimble,Ue t1Re Co rxal CTvorr bcri,a[Oty Hal,55 SE 3rd Avenue,ROOT 200,O1 i tx1iob x,Florida_Such ra-zIrfxon the tied fir the t vy ad vR contan a legal dE-in}+icxt ci C-r_Lou-darts of the rvc pr,<pa y tbicc'_to the Yvy.Crifie5 of the proc r-xai form Of re Eck bi. v1 lts ttlrt t the pxyil c) j1C114n of tIi rti }x01.n ty Adj,. t to the k-.ry', are on fk.at the Ofik-r of the City Lick of OFa l:000 A Ronda.All astir tnA r'.•drri to dio-frtd. In ter_-mt t es-pi frrson tifrirt<s to:{ Y ary ckn n made by the Oty Cotnd yarn rk=;rttto"sfty!rmlLn-rt AI TInthe COI cfJeratixicf the rf ItRlxr at the abcr.4 r i nnQi1 putt Ii rrio a rmord of thr_• proceocing may Ire rt i iS'd and an such.us i vtr suit pEra?rt may reed to Prrar 1 that a'.es' rn rvcrxrt d the}it&txarirr)e.made,v hich retrial rriurAN the tL—Arrerty and i,rrStlrti at%%nal the ap,n7a1 to to farad In szrtltl 'wffi the An t]ristrti >tiilt t t pe' raga a +t a xrrrnct-ttion to parttign,t`n tth pa._z t s.5►J shout_¶co..act the Oty Ca i1st Mx"rt0 bIxa ton gegen t1.n/5 pax to rxrxwerinrl.I -7G3-3372 IF`rOti ARE t EARUVG r•1`Ai))CALL. I. 0)555 6771;iF-YO.J ARE'VOICE IMPAIRED CALL I-€XX)9`->`*g17a e E ADVISED trot!hO&1 yun tntisd to shoe./any t*xzxtxrk Firlum,Wino or ttisrYi to tte Oty Cott rail to supprai.or Op5rue41_x1 d Ur; n sttfx a copy cX tin_ clocurnxik,pixlrt',rrY v,nr Misr przr dT d at the rxim alrtg to the City¶ k forthe City'.rr-iL�Ls 44ti-99 04 11118,25,12T2,91zuz7 2 Title XIV Chapter 197 View Entire Chapter TAXATION AND FINANCE TAX COLLECTIONS,SALES,AND LIENS 197.3632 Uniform method for the levy, collection, and enforcement of non-ad valorem assessments.— (1) As used in this section: (a) "Levy" means the imposition of a non-ad valorem assessment, stated in terms of rates, against all appropriately located property by a governmental body authorized by law to impose non-ad valorem assessments. (b) "Local government" means a county, municipality, or special district levying non-ad valorem assessments. (c) "Local governing board" means a governing board of a local government. (d) "Non-ad valorem assessment" means only those assessments which are not based upon millage and which can become a lien against a homestead as permitted in s. 4, Art. X of the State Constitution. (e) "Non-ad valorem assessment roll" means the roll prepared by a local government and certified to the tax collector for collection. (f) "Compatible electronic medium" or "media" means machine-readable electronic repositories of data and information, including, but not limited to, magnetic disk, magnetic tape, and magnetic diskette technologies, which provide without modification that the data and information therein are in harmony with and can be used in concert with the data and information on the ad valorem tax roll keyed to the property identification number used by the property appraiser. (g) "Capital project assessment" means a non-ad valorem assessment levied to fund a capital project, which assessment may be payable in annual payments with interest, over a period of years. (2) A local governing board shall enter into a written agreement with the property appraiser and tax collector providing for reimbursement of necessary administrative costs incurred under this 3 section. Administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. (3)(a) Notwithstanding any other provision of law to the contrary, a local government which is authorized to impose a non-ad valorem assessment and which elects to use the uniform method of collecting such assessment for the first time as authorized in this section shall adopt a resolution at a public hearing prior to January 1 or, if the property appraiser, tax collector, and local government agree, March 1. The resolution shall clearly state its intent to use the uniform method of collecting such assessment. The local government shall publish notice of its intent to use the uniform method for collecting such assessment weekly in a newspaper of general circulation within each county contained in the boundaries of the local government for 4 consecutive weeks preceding the hearing. The resolution shall state the need for the levy and shall include a legal description of the boundaries of the real property subject to the levy. If the resolution is adopted, the local governing board shall send a copy of it by United States mail to the property appraiser, the tax collector, and the department by January 10 or, if the property appraiser, tax collector, and local government agree, March 10. (b) Annually by June 1, the property appraiser shall provide each local government using the uniform method with the following information by list or compatible electronic medium: the legal description of the property within the boundaries described in the resolution, and the names and addresses of the owners of such property. Such information shall reference the property identification number and otherwise conform in format to that contained on the ad valorem roll submitted to the department. The property appraiser is not required to submit information which is not on the ad valorem roll or compatible electronic medium submitted to the department. If the local government determines that the information supplied by the property appraiser is insufficient for the local government's purpose, the local government shall obtain additional information from any other source. (4)(a) A local government shall adopt a non-ad valorem assessment roll at a public hearing held between January 1 and September 15, or between January 1 and September 25 for any county as defined in s. 125.011(1), if: 1. The non-ad valorem assessment is levied for the first time; 2. The non-ad valorem assessment is increased beyond the maximum rate authorized by law or judicial decree at the time of initial imposition; 3. The local government's boundaries have changed, unless all newly affected property owners have provided written consent for such assessment to the local governing board; or 4 4. There is a change in the purpose for such assessment or in the use of the revenue generated by such assessment. (b) At least 20 days prior to the public hearing, the local government shall notice the hearing by first-class United States mail and by publication in a newspaper generally circulated within each county contained in the boundaries of the local government. The notice by mail shall be sent to each person owning property subject to the assessment and shall include the following information: the purpose of the assessment; the total amount to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the local government will collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. However, notice by mail shall not be required if notice by mail is otherwise required by general or special law governing a taxing authority and such notice is served at least 30 days prior to the authority's public hearing on adoption of a new or amended non-ad valorem assessment roll. The published notice shall contain at least the following information: the name of the local governing board; a geographic depiction of the property subject to the assessment; the proposed schedule of the assessment; the fact that the assessment will be collected by the tax collector; and a statement that all affected property owners have the right to appear at the public hearing and the right to file written objections within 20 days of the publication of the notice. (c) At the public hearing, the local governing board shall receive the written objections and shall hear testimony from all interested persons. The local governing board may adjourn the hearing from time to time. If the local governing board adopts the non-ad valorem assessment roll, it shall specify the unit of measurement for the assessment and the amount of the assessment. Notwithstanding the notices provided for in paragraph (b), the local governing board may adjust the assessment or the application of the assessment to any affected property based on the benefit which the board will provide or has provided to the property with the revenue generated by the assessment. (5)(a) By September 15 of each year, or by September 25 for any county as defined in s. 125.011(1), the chair of the local governing board or his or her designee shall certify a non-ad valorem assessment roll on compatible electronic medium to the tax collector. The local government shall post the non-ad valorem assessment for each parcel on the roll. The tax collector shall not accept any such roll that is not certified on compatible electronic medium and that does not contain the posting of the non-ad valorem assessment for each parcel. It is the responsibility of the local governing board that such roll be free of errors and omissions. Alterations to such roll may be made by the chair or his or her designee up to 10 days before certification. If the tax collector 5 discovers errors or omissions on such roll, he or she may request the local governing board to file a corrected roll or a correction of the amount of any assessment. (b) By December 15 of each year, the tax collector shall provide to the department a copy of each local governing board's non-ad valorem assessment roll containing the data elements and in the format prescribed by the executive director. In addition, a report shall be provided to the department by December 15 of each year for each non-ad valorem assessment roll, including, but not limited to, the following information: 1. The name and type of local governing board levying the non-ad valorem assessment; 2. Whether or not the local government levies a property tax; 3. The basis for the levy; 4. The rate of assessment; 5. The total amount of non-ad valorem assessment levied; and 6. The number of parcels affected. (6) If the non-ad valorem assessment is to be collected for a period of more than 1 year or is to be amortized over a number of years, the local governing board shall so specify and shall not be required to annually adopt the non-ad valorem assessment roll, and shall not be required to provide individual notices to each taxpayer unless the provisions of subsection (4) apply. Notice of an assessment, other than that which is required under subsection (4), may be provided by including the assessment in the property appraiser's notice of proposed property taxes and proposed or adopted non-ad valorem assessments under s. 200.069. However, the local governing board shall inform the property appraiser, tax collector, and department by January 10 if it intends to discontinue using the uniform method of collecting such assessment. (7) Non-ad valorem assessments collected pursuant to this section shall be included in the combined notice for ad valorem taxes and non-ad valorem assessments provided for in s. 197.3635. A separate mailing is authorized only as a solution to the most exigent factual circumstances. However, if a tax collector cannot merge a non-ad valorem assessment roll to produce such a notice, he or she shall mail a separate notice of non-ad valorem assessments or shall direct the local government to mail such a separate notice. In deciding whether a separate mailing is necessary, the tax collector shall consider all costs to the local government and taxpayers of such a separate mailing and the adverse effects to the taxpayers of delayed and multiple notices. The local government whose roll could not be merged shall bear all costs associated with the separate notice. 6 (8)(a) Non-ad valorem assessments collected pursuant to this section shall be subject to all collection provisions of this chapter, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment. (b) Within 30 days following the hearing provided in subsection (4), any person having any right, title, or interest in any parcel against which an assessment has been levied may elect to prepay the same in whole, and the amount of such assessment shall be the full amount levied, reduced, if the local government so provides, by a discount equal to any portion of the assessment which is attributable to the parcel's proportionate share of any bond financing costs, provided the errors and insolvency procedures available for use in the collection of ad valorem taxes pursuant to s. 197.492 are followed. (c) Non-ad valorem assessments shall also be subject to the provisions of s. 192.091(2)(b), or the tax collector at his or her option shall be compensated for the collection of non-ad valorem assessments based on the actual cost of collection, whichever is greater. However, a municipal or county government shall only compensate the tax collector for the actual cost of collecting non-ad valorem assessments. (9) A local government may elect to use the uniform method of collecting non-ad valorem assessments as authorized by this section for any assessment levied pursuant to general or special law or local government ordinance or resolution, regardless of when the assessment was initially imposed or whether it has previously been collected by another method. (10)(a) Capital project assessments may be levied and collected before the completion of the capital project. (b)1. Except as provided in this subsection, the local government shall comply with all of the requirements set forth in subsections (1)-(8) for capital project assessments. 2. The requirements set forth in subsection (4) are satisfied for capital project assessments if: a. The local government adopts or reaffirms the non-ad valorem assessment roll at a public hearing held at any time before certification of the non-ad valorem assessment roll pursuant to subsection (5) for the first year in which the capital project assessment is to be collected in the manner authorized by this section; and b. The local government provides notice of the public hearing in the manner provided in paragraph (4)(b). 3. The local government is not required to allow prepayment for capital project assessments as set forth in paragraph (8)(b); however, if prepayment is allowed, the errors and insolvency procedures available for use in the collection of ad valorem taxes pursuant to s. 197.492 must be followed. Fla. (c) Any hearing or notice required by this section may be combined with any other hearing or notice required by this section or by the general or special law or municipal or county ordinance pursuant to which a capital project assessment is levied. (11) The department shall adopt rules to administer this section. History.—s. 68, ch. 88-130; s. 7, ch. 88-216; s. 8, ch. 90-343; s. 2, ch. 91-238; s. 1013,ch. 95-147; s. 1, ch. 97-66; s. 1, ch. 2003-70; s. 10, ch. 2008-173; s. 13, ch. 2016-128; s. 11, ch. 2018-110. Admin. Code R. 12D-18.003 Current through Reg.47,No. 203; October 19, 2021 Section 12D-18.003 - Non-Ad Valorem Assessments; Method for Election to Use Section 197.3632, Florida Statutes(1) By complying with the provisions of this rule section, a local government may elect to use the ad valorem method of collection for any non-ad valorem assessments, including special assessments, which may have been in existence prior to the election to use the uniform method. A local government which is authorized to impose a non-ad valorem assessment and which elects to use the uniform method of collecting such assessment authorized in Section 197.3632, F.S., shall satisfy the requirements in this rule section.(a) The local governing board shall enter into a written agreement with the property appraiser and the tax collector to provide for reimbursement of necessary administrative costs.(b) The local government shall publish notice of its intent to use the uniform method for collecting such assessment weekly in a newspaper of general circulation within each county contained in the boundaries of the local government for four consecutive weeks preceding a public hearing to adopt a resolution of its intent to use the uniform method of collection. This period shall be computed as follows. The four weeks shall be the four weeks immediately preceding the date of the hearing. Each week shall be comprised of the immediately preceding seven days. One such notice shall appear in the newspaper during each one of these four weeks.(c) The following shall be a suggested sufficient form for the notice: NOTICE BY(NAME OF LOCAL GOVERNMENT) OF INTENT TO USE THE UNIFORM AD VALOREM METHOD OF COLLECTION OF A NON-AD VALOREM ASSESSMENT Notice is hereby given to all owners of lands located within the boundaries of the (name of local government) that the (name of local government) intends to use the uniform ad valorem method for collecting the non-ad valorem assessments levied by the (name of local government) as set forth in Section 197.3632, F.S., and that the Board of Supervisors (or other name of governing board) will hold a public hearing on (date), at (time) at the (address for hearing). 8 The purpose of the public hearing is to consider the adoption of a Resolution authorizing the (name of local government) to use the uniform ad valorem method of collecting non-ad valorem assessments levied by the (name of local government) as provided in Section 197.3632, F.S. The (name of local government) has (adopted before January 1, 1990), (adopted a new non-ad valorem assessment), (or) (is considering adopting) a non-ad valorem assessment for (year, or years if applicable) for (purpose). This non-ad valorem assessment is: (list one or more of the following) 1. (levied for the first time) or (existing and levied on (date) and previously placed on a roll and collected).2. Increased beyond the maximum rate authorized by law at the time of its initial imposition.3. Related to a change in boundaries of the (name of local government).4. Related to a change in purpose for an existing assessment or in the use of the revenue from such assessment. Interested parties may appear at the public hearing to be heard regarding the use of the uniform ad valorem method of collecting such non-ad valorem assessments. If any person decides to appeal any decision made with respect to any matter considered at this public hearing such person will need a record of proceedings and for such purpose such person may need to ensure that a verbatim record of the proceedings is made at their own expense and which record includes the testimony and evidence on which the appeal is based. Dated this day of_ , 19_. (name of local government) by: (appropriate officer) PUBLISH: (name of newspaper) Publication dates: (2) The local government must enact a resolution at a public hearing prior to January 1 or, if the property appraiser, tax collector, and local government agree, March 1. The resolution shall state the local government's intent to use the uniform ad valorem method of collection, the need for the levy and shall include a legal description of the real property subject to the levy.(3) The local government must send the resolution to the property appraiser, tax collector and the department by January 10 or, if the property appraiser, tax collector, and local government agree, by March 10. The postmark date shall be considered the date sent. The local government shall include with the resolution the following:(a) A certified copy of adopted resolution.(b)A copy of newspaper advertisement (entire page).(c) A certification or proof of publication showing the dates of publication on Form DR-413.(4) For non-ad valorem assessments levied for more than one year, if both the advertisement and the resolution express the intent to use the uniform method of collection, for more than one year, for specific years or for each year until discontinued for a year, the local government need not adopt a resolution or advertise each year. (5) These rules cannot validate an improper non-ad valorem assessment levy. If the department considers that there is a question whether the non-ad valorem assessment meets the definition set forth in this rule chapter, the Department shall notify the local government promptly.(6) For capital project assessments, any notice or 9 hearing required by these rules may be combined with any other notice required by these rules or by the general or special law or municipal or county ordinance pursuant to which a capital project assessment is levied. Fla. Admin. Code Ann. R. 12D-18.003 Specific Authority 195.027(1), 197.3632 (11), 197.3635, 213.06(1) FS. Law Implemented 197.322, 197.363, 197.3631, 197.3632, 197.3635, 213.05 FS.New 2-21-91, Amended 10-30-91. Gloria M. Velazquez 1111 Nason Yea Attorney at Law OWKAM.VELALOUEL RE,_ EC mz, GERSON O G 4 1!f D 9 Y HARRIS&FUMERO.P.A. Email: gvelazquez(a�nasonyeager.com Best Lawyers ATTORNEYS AT LAW Est. 1960 Tel: 561-686 3307 I Fax:561-686 5442 750 Park of Commerce Blvd., Suite 21( Profile vCard Raton I FL 133487 www.nasonyeager.com The information contained in this transmission is attorney privileged and confidential.It is intended only for the use of the individual or entity named above.If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited.If you receive this communication in error, please notify us immediately by telephone(collect)and return the original message to us at the above address via the U.S.Postal Service.We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY:Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks,in the event you receive an e-mail from Nason Yeager containing wire transfer instructions,please call Nason Yeager using previously known contact information and NOT information provided in the email,to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. Think Green!Please do not print this e-mail unless absolutely necessary. From: Lane Gamiotea [mailto:lgamiotea@cityofokeechobee.com] Sent: Monday, November 8, 2021 12:06 PM To:City Attorney<cityattorney@cityofokeechobee.com>; Gary Ritter<gritter@cityofokeechobee.com> Cc:J.J. Smith <jsmith@cityofokeechobee.com>; Robin Brock<rbrock@cityofokeechobee.com>; Missy Hernandez <mhernandez@nasonyeager.com> Subject:Annual Special Assessment Resolution &Advertisement Importance: High Good morning John & Gloria, My reminder went off that its time to prepare and submit to the City Council the annual resolution regarding special non-ad valorem assessments (excluding solid waste collection). We're required to have this adopted by December 31 each year. io Attached is a copy of last years executed resolution and the minutes in PDF as well as a word version for the draft 2021 resolution. I need a clarification on the advertisement, the adoption process in FS 197.3632(3)(a) reads the advertisement must be published for 4 consecutive weeks preceding the hearing. Our newspaper is only published on Wednesdays. If the public hearing is held Dec 21, is Dec 15 counted as a week preceding the hearing? (it is 6 days prior to the 21st but it is the week before the hearing). Please make the necessary changes to the draft/working copy for the 2021 resolution and return back to me by end of today if we want this to be on the Dec. 7 agenda; or by this Friday for the Dec. 21 agenda. Thank You! /(r-s, L'aire Ewirest4rrriatea, CRC Cµ • ` • City Clerk/Personnel Administrator t ' City of Okeechobee 55 SE 3rd Avenue, Room 100, Okeechobee, FL 34974 Office: 863.763.3372 ext. 9814, Fax: 863.763.1686, Cell: 863.697-0345 Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mirnecast.com 11 Select Year: 2021 v Go The 2021 Florida Statutes Title VI Chapter 50 View Entire Chapter CIVIL PRACTICE AND PROCEDURE LEGAL AND OFFICIAL ADVERTISEMENTS 50.011 Publication of legal notices.—Whenever by statute an official or legal advertisement or a publication, or notice in a newspaper has been or is directed or permitted in the nature of or in lieu of process, or for constructive service, or in initiating, assuming, reviewing, exercising or enforcing jurisdiction or power, or for any purpose, including all legal notices and advertisements of sheriffs and tax collectors, the contemporaneous and continuous intent and meaning of such legislation all and singular, existing or repeated, is and has been and is hereby declared to be and to have been, and the rule of interpretation is and has been the following: (1) A publication in a newspaper that meets all of the following: (a) Is printed and published periodically at least once a week. (b) Contains at least 25 percent of its words in the English language. (c) Satisfies one of the following criteria: 1. Has an audience consisting of at least 10 percent of the households in the county or municipality, as determined by the most recent decennial census, where the legal or public notice is being published or posted, by calculating the combination of the total of the number of print copies reflecting the day of highest print circulation, of which at least 25 percent of such print copies must be delivered to individuals' home or business addresses, as certified biennially by a certified independent third-party auditor, and the total number of online unique monthly visitors to the newspaper's website from within the state, as measured by industry-accepted website analytics software. The newspaper must also be sold, or otherwise available to the public, at no less than 10 publicly accessible outlets. For legal and public notices published by nongovernmental entities, the newspaper's audience in the county or municipality where the project, property, or other primary subject of the notice is located must meet the 10 percent threshold. 2. Holds a periodicals permit as of March 1, 2021, and accepts legal notices for publication as of that date. Any such newspaper may continue to publish legal notices through December 31, 2023, so long as the newspaper continues to meet the requirements set forth in s. 21, chapter 99-2, Laws of Florida, and continues to hold a periodicals permit. Beginning January 1, 2024, and thereafter, any such newspaper must meet the criteria under subparagraph 1. 3. For newspapers publishing legal notices in a fiscally constrained county, holds a periodicals permit and meets all other requirements of this chapter. A newspaper qualified under this subparagraph does not need to meet the criteria under subparagraph 1. so tong as the newspaper continues to hold a periodicals permit. For purposes of this subparagraph, the term "fiscally constrained county" means a county within a rural area of opportunity designated by the Governor pursuant to s. 288.0656 or a county for which the value of a mill will raise no more than $5 million in revenue, based on the certified taxable value certified pursuant to s. 1011.62(4)(a)1.a., from the previous July 1. (d) Is available to the public generally for the publication of official or other notices with no more than 75 percent of its content dedicated toward advertising, as measured in half of the newspaper's issues that are published during any 12-month period, and customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public. (e) Continually publishes in a prominent manner the name, street address, phone number, website URL of the newspaper's approved print auditor, the newspaper's most recent statement of ownership, and a statement of the auditor certifying the veracity of the newspaper's print distribution and the number of the newspaper's website's monthly unique visitors, or the newspaper's periodicals permit, if applicable, within the first five pages of the print edition and the bottom portion of the homepage of the newspaper's website. (2) Internet publication for governmental agency notices under s. 50.0211(1)(b) on the website of any newspaper in the county to which the legal notice pertains and on the statewide legal notice website as provided in s. 50.0211(5). A newspaper is deemed to be a newspaper in the county to which the legal notice pertains if it satisfies the criteria in subsection (1). History.—s. 2, ch. 3022, 1877; RS 1296; GS 1727;s. 1, ch. 5610, 1907; RGS 2942; s. 1, ch. 12104, 1927; CGL 4666,4901; s. 1, ch. 63-387; s. 6, ch. 67-254; s. 21, ch. 99-2; s. 1, ch. 2021-17. Note.—Former s.49.01. Copyright©1995-2021 The Florida Legislature • Privacy Statement • Contact Us 12D-18.003 Non-Ad Valorem Assessments; Method for Election to Use Section 197.3632,Florida Statutes. (1) By complying with the provisions of this rule section, a local government may elect to use the ad valorem method of collection for any non-ad valorem assessments, including special assessments, which may have been in existence prior to the election to use the uniform method. A local government which is authorized to impose a non-ad valorem assessment and which elects to use the uniform method of collecting such assessment authorized in Section 197.3632,F.S.,shall satisfy the requirements in this rule section. (a) The local governing board shall enter into a written agreement with the property appraiser and the tax collector to provide for reimbursement of necessary administrative costs. (b)The local government shall publish notice of its intent to use the uniform method for collecting such assessment weekly in a newspaper of general circulation within each county contained in the boundaries of the local government for four consecutive weeks preceding a public hearing to adopt a resolution of its intent to use the uniform method of collection. This period shall be computed as follows. The four weeks shall be the four weeks immediately preceding the date of the hearing. Each week shall be comprised of the immediately preceding seven days. One such notice shall appear in the newspaper during each one of these four weeks. (c)The following shall be a suggested sufficient form for the notice: NOTICE BY(NAME OF LOCAL GOVERNMENT)OF INTENT TO USE THE UNIFORM AD VALOREM METHOD OF COLLECTION OF A NON-AD VALOREM ASSESSMENT Notice is hereby given to all owners of lands located within the boundaries of the(name of local government)that the(name of local government) intends to use the uniform ad valorem method for collecting the non-ad valorem assessments levied by the (name of local government)as set forth in Section 197.3632, F.S., and that the Board of Supervisors(or other name of governing board)will hold a public hearing on(date),at(time)at the(address for hearing). The purpose of the public hearing is to consider the adoption of a Resolution authorizing the (name of local government)to use the uniform ad valorem method of collecting non-ad valorem assessments levied by the (name of local government) as provided in Section 197.3632,F.S. The (name of local government) has (adopted before January 1, 1990), (adopted a new non-ad valorem assessment), (or) (is considering adopting)a non-ad valorem assessment for(year,or years if applicable)for(purpose). This non-ad valorem assessment is: (list one or more of the following) 1. (levied for the first time)or(existing and levied on(date)and previously placed on a roll and collected). 2. Increased beyond the maximum rate authorized by law at the time of its initial imposition. 3.Related to a change in boundaries of the(name of local government). 4. Related to a change in purpose for an existing assessment or in the use of the revenue from such assessment. Interested parties may appear at the public hearing to be heard regarding the use of the uniform ad valorem method of collecting such non-ad valorem assessments. If any person decides to appeal any decision made with respect to any matter considered at this public hearing such person will need a record of proceedings and for such purpose such person may need to ensure that a verbatim record of the proceedings is made at their own expense and which record includes the testimony and evidence on which the appeal is based. Dated this day of ,20 (name of local government) by: (appropriate officer) PUBLISH: (name of newspaper) Publication dates: (2) The local government must enact a resolution at a public hearing prior to January 1 or, if the property appraiser, tax collector, and local government agree, March 1. The resolution shall state the local government's intent to use the uniform ad valorem method of collection,the need for the levy and shall include a legal description of the real property subject to the levy. (3)The local government must send the resolution to the property appraiser, tax collector and the department by January 10 or, if the property appraiser, tax collector, and local government agree, by March 10. The postmark date shall be considered the date sent. The local government shall include with the resolution the following: (a)A certified copy of adopted resolution. (b)A copy of newspaper advertisement(entire page). (c)A certification or proof of publication showing the dates of publication on Form DR-413. (4) For non-ad valorem assessments levied for more than one year, if both the advertisement and the resolution express the intent to use the uniform method of collection, for more than one year, for specific years, or for each year until discontinued for a year,the local government need not adopt a resolution or advertise each year. (5)These rules cannot validate an improper non-ad valorem assessment levy. If the department considers that there is a question whether the non-ad valorem assessment meets the definition set forth in this rule chapter, the Department shall notify the local government promptly. (6) For capital project assessments, any notice or hearing required by these rules may be combined with any other notice required by these rules or by the general or special law or municipal or county ordinance pursuant to which a capital project assessment is levied. Rulemaking Authority 195.027(1), 197.3632(11), 197.3635, 213.06(1) FS. Law Implemented 197.322, 197.363, 197.3631, 197.3632, 197.3635, 213.05 FS. History—New 2-21-91,Amended 10-30-91.