![\"\"](\"http:\/\/thelehighacresgazette.com\/news\/wp-content\/uploads\/2016\/03\/justice.jpg\" "\\"justice\\"")
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.<\/p>\n
The Fire Department of Commissioner\u2019s has refused to list Presbyterian Homes as an exempt property from the Fire Fee Assessment.<\/p>\n
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.<\/p>\n
\u201cMy client has paid the special assessment under protest for 2014, rather than initiating a lawsuit for an injunction.\u00a0 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.\u00a0 196.196, rather than discriminating and selecting exempt entities under the law based upon administrative code classifications.\u00a0\u00a0 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.<\/p>\n
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.\u00a0\u00a0 The law is also clear that special assessments, if they bear a reasonable nexus to the assessment, can be levied against exempt organizations.\u00a0\u00a0 However, the Fire District has discriminated by selecting certain exempt organizations and excluding others, regardless of how worthy the cause. \u00a0\u00a0There is no reasonable nexus to exempt certain chapter 196.196 entities and not others for “fire coverage”.<\/p>\n
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.\u00a0 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.\u00a0\u00a0 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.\u00a0 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.<\/p>\n
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.\u00a0 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.\u201d<\/p>\n
After 30 minutes of decision at the fire board meeting this item was tabled for more information.<\/p>\n
During a phone interview with Attorney DiVito, \u201cIf the fire board will not fix this issue, they will have no choice but to sue them for possible discrimination\u201d.<\/p>\n
According to Fire Commissioner & Chairman Cathy Kruse, \u201cThe Fire Fee Assessment will not increase their rents.\u201d \u201cBut this is not true,\u201d DiVito said during the interview. A small number of Section 8 housing will see no increase but others could see large increases next year.<\/p>\n
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).<\/p>\n
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