PLACEMENT: Public Hearings
TITLE:
title
CONSIDER ADOPTION OF AN ORDINANCE REPEALING DIVISION 2 INDIANTOWN COMMUNITY DEVELOPMENT DISTRICT, ARTICLE 10, SPECIAL DISTRICTS, CHAPTER 71 FINANCE AND TAXATION, GENERAL ORDINANCES, MARTIN COUNTY CODE AND DISSOLVING THE INDIANTOWN COMMUNITY DEVELOPMENT DISTRICT
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EXECUTIVE SUMMARY:
executive summary
On February 2, 2023 the Florida Department of Economic Opportunity (DEO) notified the County that DEO declared the Indiantown Community Development District inactive pursuant to Section 189.062, Fla. Stat. and thus the County was required to dissolve the special district and repeal the enabling County ordinance.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Sarah W. Woods
Title: County Attorney
REQUESTED BY:
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Irongate Indiantown Investors LLC filed a petition to create a community development district to finance and operate certain improvements within the Indiantown Development of Regional Impact. The Martin County Board of County Commissioners approved the Indiantown Community Development District on February 12, 2008.
On February 2, 2023 the Florida Department of Economic Opportunity (DEO) notified the County that DEO declared the Indiantown Community Development District inactive pursuant to Section 189.062, Fla. Stat. and thus the County was required to dissolve the special district and repeal the enabling County ordinance.
Section 189.062(5), Florida Statutes, provides that once a special district is declared inactive, it may not collect taxes, fees, or assessments unless the declaration is withdrawn or revoked by DEO or invalidated in proceedings initiated by the special district.
Section 189.062(4), Florida Statutes, requires the entity that created the special district declared inactive to dissolve the special district by repealing its enabling laws or by other means as set forth in section 189.071, Florida Statutes.
ISSUES:
N/A
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the proposed ordinance.
ALTERNATIVE RECOMMENDATIONS
Provide Board direction regarding the proposed ordinance.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.