Tuesday, April 26, 2011

The Deck is Stacked

I took district counsels advice this morning and did some of my own homework. Read what the Florida statutes have to say about public officials and possible conflicts of interest. ESPECIALLY, read the last paragraph for the surprise and twist(ed) ending to this burning question I had:



Florida Statutes 112.3143 - Voting conflicts

Florida Statutes > Title X > Chapter 112 > Part III > § 112.3143. Voting conflicts


Current as of: 2010
   (1) As used in this section:
   (a)() "Public officer" includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body.
   (b)() "Relative" means any father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law.
   (2) No state public officer is prohibited from voting in an official capacity on any matter. However, any state public officer voting in an official capacity upon any measure which would inure to the officer’s special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom the officer is retained or to the parent organization or subsidiary of a corporate principal by which the officer is retained; or which the officer knows would inure to the special private gain or loss of a relative or business associate of the public officer shall, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes.
   (3)(a) No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, other than an agency as defined in s. 112.312(2); or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer. Such public officer shall, prior to the vote being taken, publicly state to the assembly the nature of the officer’s interest in the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes.
   (b)() However, a commissioner of a community redevelopment agency created or designated pursuant to s. 163.356 or s. 163.357, or an officer of an independent special tax district elected on a one-acre, one-vote basis, is not prohibited from voting, when voting in said capacity.

5 comments:

Eddie Wadsworth said...

There is a great reason why many people are saying no way to a CDD community. If things go bad, it is the homeowner who ends up paying the total bill and getting nothing in return.

Paul Nienaber said...

Fortunately, that's not really what happens (at least I don't think so). If everything that can go wrong goes wrong then I believe that some combination of the City of North Port, Sarasota County, and the State of Florida step in and pick up the pieces. Surely the bond holders will take a real beating in the process. But, as far as us individual property owners go, I believe the financial impact will be limited to the loss in value of our properties. Who in there right mind would pay good money to buy a home in a failed tax district?

More than likely, some new investors will come to the table via the Tax Certificate or Tax Sale route and try to restart the project. New money, new management, new ideas, and hopefully a little better economy and we'll all be sitting pretty again in 4 or 5 years.

Eddie Wadsworth said...

I hope you are right, but from what we were told by the WVID- if for example, a new "owner" takes over Gran Paradiso- they will not be beholden to any of the current community standards. They can come in and completely redraw the community-- they can choose to put smaller homes where before larger homes were planned, they can even decide to terminate any plans for amenities. This could have permanent disastrous effects on current homeowners who would never be able to recover the loss in their property values. Couple that with the increase of competition from other non CDD communities that are planned are already starting in the area and things could get worse before they ever get better. I can tell you, it's about to hit the fan in GP.

Paul Nienaber said...

Hey Eddie. True, true, true. Everything you said about GP is 100% correct as far as I know. Divosta has already done something like that with IslandWalk; but not nearly as drastic as what could happen in GP with a new developer.
But I was talking about the entire WVID. If. in the next year. no white knight rides into GP and 4QP goes south, then its the whole district that dies. You can read the Special Tax District Handbook (link at bottom of this page) for all the details of how a district dies, or gets merged with something else. Essentially, it is the local governing body (City of North Port) that is REQUIRED to step in, assume the assets and liabilities of the district, and try to get it all working again. Scary thought!

Eddie Wadsworth said...

Scary indeed- the sad part about it is all the parties involved (the GP developer, the WVID, the bond holders, etc) are acting like children, all pointing the finger at "the other guy" and demanding one side move ahead alone- instead of sitting down and agreeing to work together to resolve the issues at hand. There are at least three builders who have expressed interest in building in GP, but they hit a brick wall. No builder is going to come in and invest the money if there is no willingness on the other parties to work together. It should be as simple as an agreement by all parties that a builder will build a certain number of homes and then that would trigger certain amenities to be built at the clubhouse--- then after the builder built another predetermined number of homes, that would trigger completion of the amenities-- but so far you can't even get these guys to talk to each other without shooting zingers at each other through their attorneys. If our last hope is the City of North Port- God help us indeed. Thanks for the Blog Paul--- it is a great place for information and all residents in the WVID should utilize it.

Post a Comment

Note: Only a member of this blog may post a comment.