Presbyterian Homes threatens fire board suit
Cathy Kruse
The threat of a lawsuit by Presbyterian Homes against the Lehigh Acres Fire and Rescue Board over the added cost and refusal by the board to make three Presbyterian Homes properties exempt from the non-ad valorem assessment fees went nowhere at the March 22 board meeting.
At the request of the Chairwoman Cathy Kruse, the topic was tabled until further study.
But it does not appear that the board is going to change its mind and make an exemption for the few hundred housing units, mostly rented by senior citizens with HUD subsidies.
Richard Pringle, the board’s attorney, said it was it up to the board to make any exemptions as the new assessments fees are taking effect for the new fiscal year ending in September.
The board will review the fee every year.
Voters in Lehigh approved to change the way the fire district brings in revenue to support the five fire stations and to support the ambulance service in Lehigh Acres.
The board received a letter from attorney Joseph A. DiVito, of DiVito, Higham & Vasti out of St. Petersburg, who represents Presbyterian Homes. Management for Presbyterian Homes believes that it should be exempt from the assessment fees.
DiVito’s letter was put in the public record during the meeting and is included in the agenda package online for March 22.
DiVito said Presbyterian Homes has paid the special assessment under protest and rather than bringing a lawsuit for an injunction, he has been asked to request the fire district to reconsider the exemptions, so as to include all entities that are exempt under the Florida statue that addresses the assessment fee procedure.
“While these coding classifications assist the property appraiser, I would suggest the legislature never intended that they would receive special treatment for exemptions pertaining to special assessments,” DiVito wrote.
He wrote that the law is clear that while exempt entities are not subject to ad valorem taxes if they meet Florida Statue 196.196.
“The law is also clear that special assessments, if they bear a reasonable nexus to the assessment, can be levied against exempt organizations. However the fire district has discriminated by selecting certain exempt organizations and excluded others, regardless of how worthy the cause. There is no reasonable nexus to exempt certain chapter 196.196 entities and not others for ‘fire coverage,'” DiVito wrote.
The letter suggested that the current exemptions selectively granted by the fire district are no less worthy than low-income elderly or other individuals who have served their country, have given of themselves for their children and family, and now find themselves with minimal income to survive.
All three facilities serve those in need, which primarily consists of widows and widowers, primarily in the latter stages of their lives, as well as others who are disabled.
“Some of them would individually qualify for exemptions under the resolution adopted by your client (the fire board) as surviving spouses of first responders; disabled veterans confined to wheel chairs; totally and permanently disabled persons, etc. However, they do not individually own homes and the facilities are not limited to any one class of such individuals. Rather, the properties are both age and income restricted according to HUD guidelines, as well as individuals under age 62 who are verified as disabled persons,” he wrote.
Pringle said he had met with DiVito and had suggested that he attend one the meetings and address the board with his concerns.
Pringle reminded the board that it was their choice to choose exemptions.
Fire Chief John Wayne told the board there were somewhere in the neighborhood of 500 to 550 Presbyterian Homes units in Lehigh. He said they were worth around $8 million in value and have paid $145,803 in fees for all three properties.
He noted that if an exemption was given, it would have a snowball effect on other properties that provide housing to the elderly, such as Park Place and others.
The largest area of units, including houses and a large building, is located in the heart of Lehigh.
Commissioner Larry Becker noted the huge number of ambulance calls to Presbyterian Homes.
“We’re there all the time,” Wayne said.
Commissioner Linda Carter said she did not want to open a Pandora’s box with giving Presbyterian Homes exemptions since there are elderly people in private housing and rental units throughout Lehigh.
Finally after much discussion, Carter made a motion, following Kruse’s suggestion to table the topic until board members have more information.
The motion passed.
DiVito wrote that rather than filing a lawsuit to challenge the validity of the resolution, his client seeks first to have the fire district reconsider the resolution at a meeting to occur no later than May 1 so that the properties will not be subject to the assessment for the current year.
“In other words during the next 60 days, we seek a reasonable cooperative effort to address the inequalities established under this resolution,”?he wrote.
“If your client (the fire district) chooses to remain steadfast in its discrimination, then my clients (Presbyterian Homes) will have no alternative but to bring the lawsuit and seek justice through the court system,” DiVito wrote.
Presbyterian Homes threatens fire board suit
Cathy Kruse
The threat of a lawsuit by Presbyterian Homes against the Lehigh Acres Fire and Rescue Board over the added cost and refusal by the board to make three Presbyterian Homes properties exempt from the non-ad valorem assessment fees went nowhere at the March 22 board meeting.
At the request of the Chairwoman Cathy Kruse, the topic was tabled until further study.
But it does not appear that the board is going to change its mind and make an exemption for the few hundred housing units, mostly rented by senior citizens with HUD subsidies.
Richard Pringle, the board’s attorney, said it was it up to the board to make any exemptions as the new assessments fees are taking effect for the new fiscal year ending in September.
The board will review the fee every year.
Voters in Lehigh approved to change the way the fire district brings in revenue to support the five fire stations and to support the ambulance service in Lehigh Acres.
The board received a letter from attorney Joseph A. DiVito, of DiVito, Higham & Vasti out of St. Petersburg, who represents Presbyterian Homes. Management for Presbyterian Homes believes that it should be exempt from the assessment fees.
DiVito’s letter was put in the public record during the meeting and is included in the agenda package online for March 22.
DiVito said Presbyterian Homes has paid the special assessment under protest and rather than bringing a lawsuit for an injunction, he has been asked to request the fire district to reconsider the exemptions, so as to include all entities that are exempt under the Florida statue that addresses the assessment fee procedure.
“While these coding classifications assist the property appraiser, I would suggest the legislature never intended that they would receive special treatment for exemptions pertaining to special assessments,” DiVito wrote.
He wrote that the law is clear that while exempt entities are not subject to ad valorem taxes if they meet Florida Statue 196.196.
“The law is also clear that special assessments, if they bear a reasonable nexus to the assessment, can be levied against exempt organizations. However the fire district has discriminated by selecting certain exempt organizations and excluded others, regardless of how worthy the cause. There is no reasonable nexus to exempt certain chapter 196.196 entities and not others for ‘fire coverage,'” DiVito wrote.
The letter suggested that the current exemptions selectively granted by the fire district are no less worthy than low-income elderly or other individuals who have served their country, have given of themselves for their children and family, and now find themselves with minimal income to survive.
All three facilities serve those in need, which primarily consists of widows and widowers, primarily in the latter stages of their lives, as well as others who are disabled.
“Some of them would individually qualify for exemptions under the resolution adopted by your client (the fire board) as surviving spouses of first responders; disabled veterans confined to wheel chairs; totally and permanently disabled persons, etc. However, they do not individually own homes and the facilities are not limited to any one class of such individuals. Rather, the properties are both age and income restricted according to HUD guidelines, as well as individuals under age 62 who are verified as disabled persons,” he wrote.
Pringle said he had met with DiVito and had suggested that he attend one the meetings and address the board with his concerns.
Pringle reminded the board that it was their choice to choose exemptions.
Fire Chief John Wayne told the board there were somewhere in the neighborhood of 500 to 550 Presbyterian Homes units in Lehigh. He said they were worth around $8 million in value and have paid $145,803 in fees for all three properties.
He noted that if an exemption was given, it would have a snowball effect on other properties that provide housing to the elderly, such as Park Place and others.
The largest area of units, including houses and a large building, is located in the heart of Lehigh.
Commissioner Larry Becker noted the huge number of ambulance calls to Presbyterian Homes.
“We’re there all the time,” Wayne said.
Commissioner Linda Carter said she did not want to open a Pandora’s box with giving Presbyterian Homes exemptions since there are elderly people in private housing and rental units throughout Lehigh.
Finally after much discussion, Carter made a motion, following Kruse’s suggestion to table the topic until board members have more information.
The motion passed.
DiVito wrote that rather than filing a lawsuit to challenge the validity of the resolution, his client seeks first to have the fire district reconsider the resolution at a meeting to occur no later than May 1 so that the properties will not be subject to the assessment for the current year.
“In other words during the next 60 days, we seek a reasonable cooperative effort to address the inequalities established under this resolution,”?he wrote.
“If your client (the fire district) chooses to remain steadfast in its discrimination, then my clients (Presbyterian Homes) will have no alternative but to bring the lawsuit and seek justice through the court system,” DiVito wrote.
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