Presbyterian Homes aka Sunshine Vllas has now paid $145,803.87 in under protest to the Lehigh Acres Fire District for the Fire Fee Assessment. The Presbyterian Homes complex is a not for profit agency providing needed independent living for senior in Lehigh Acres.
The Fire Department of Commissioner’s has refused to list Presbyterian Homes as an exempt property from the Fire Fee Assessment.
Joseph DiVito Attorney for Presbyterian Homes and Housing Foundation wrote the following letter to the Lehigh Acres Fire District on March 9, 2016 and this letter was submitted to the board at March 22, 2016 meeting.
“My client has paid the special assessment under protest for 2014, rather than initiating a lawsuit for an injunction. I have been asked to request the Fire District to reconsider the exemptions, so as to include all entities that are exempt under F.S. 196.196, rather than discriminating and selecting exempt entities under the law based upon administrative code classifications. 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.
The law is clear that while exempt entities are not subject to ad valorem taxes if they meet the requirements of F.S. 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 excluding 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”.
I would suggest 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 and society all of their lives, have given of themselves for their children and family, and now find themselves with minimal income to survive. All three of the facilities sponsored by Presbyterian Homes and Housing Foundation Inc. 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, 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.
Rather than filing suit to challenge the validity of this Resolution, my client seeks first to have the Fire District reconsider the Resolution at a meeting to occur no later than May 1, 2016 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. If your client chooses to remain steadfast in its discrimination, then my clients will have no alternative but to bring the lawsuit and seek justice through the court system.”
After 30 minutes of decision at the fire board meeting this item was tabled for more information.
During a phone interview with Attorney DiVito, “If the fire board will not fix this issue, they will have no choice but to sue them for possible discrimination”.
According to Fire Commissioner & Chairman Cathy Kruse, “The Fire Fee Assessment will not increase their rents.” “But this is not true,” DiVito said during the interview. A small number of Section 8 housing will see no increase but others could see large increases next year.
Editorial note: Currently LA-MSID aka ECWCD is in litigation with Lehigh Acres Fire District for their Fire Fee Assessment bill. (This litigation is taxpayer money fighting taxpayer money).
The fire commissioners has refused to listen to the voters of Lehigh. A recent request from a group of leaders to be placed on the agenda and to repeal the assessment (place on the 2016 ballot) has so far been sidelined. The Commissioners continue to ignore the voters who elected them to represent the people of LA.
Also, any person hired to be the fire chief must reside in Lehigh…other wise they will not have a vested interest in the people they will serve. The fire chief in “no way” should be involved in the hiring process.
I really hope the assessment is repealed. The Lehigh Fire District lied to the commumity. According to the County Commissioner I spoke with there is no oversight on how the assessment funds are spent and the Lehigh Fire District was to be funded at 100% without this assessment ever happening. We were taken advantage of by a community service we want to trust.
mr jones how long have u been coming to the meeting for this was going on for some yrs and approved by the people of lehigh…the last meeting the presbytarian home said they will pay this year and go to county tax collector to try and get exext, like the fire chief and commissioner had said many time to people and at the meetings…it is not the fire dept that decides…and the chief has nothing to do with hiring the new chief, again come to the meeting…u just might learn something…and that law suit will be only be if they dont get exempt after talking to tax collector next yr…I URGE ANYONE TO COME TO THESE MEETING AT THE FIRE STATION ON SUNSHINE SOUTH…