Florida Statute 161.37 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 161
BEACH AND SHORE PRESERVATION

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F.S. 161.37

161.37 Capital, operation and maintenance costs; district benefits tax levy.—

(1) To provide for the capital, operation and maintenance cost of the beach and shore preservation program, either by debt service or direct expenditure, the board of county commissioners as the governing body of each district created in accordance with this part may levy upon all taxable property within each district an ad valorem benefits tax in any amount necessary to meet the requirements of the program but not exceeding the reasonable ability of the district to pay.

(2) The tax shall be levied upon each taxable property in proportion to benefits said property will receive as determined by the most recent economic analysis of the program as provided for under s. 161.29. General benefits shall be uniformly applied on an ad valorem basis to the entire assessed valuation of each district, while special benefits shall be assigned to groups of specific properties which shall constitute zones because of the equal or comparable benefits each included property will receive.

(3) Where the board of county commissioners levies any special benefits taxes, it shall consider the value of the property, its kind, susceptibility to improvement and the maximum annual benefits to be conferred thereon by the works or improvements in the district.

(4) The owner of lands where a special benefits tax is proposed to be levied shall be given written notice and an opportunity to be heard upon the amount of special benefits tax to be levied upon his or her lands. If the special benefits to all properties within any district are found to be equal or comparable, then the said district shall comprise only one tax zone. The proportional tax rate which each property within a district shall pay shall be determined by adding the general and special benefits assigned to its zone. The actual tax levy for any particular year shall depend on the revenue needs for that year.

(5) The board of county commissioners shall levy sufficient ad valorem and special benefits taxes to pay off debt service on any bonds issued. It shall be the duty of the board each year, sufficiently in advance of the preparation of the county tax roll, to establish the revenue requirements for each individual district for the fiscal year in question and certify this figure to the county property appraiser who shall then assign shares of this total to each zone within the respective district according to the proportion of total benefits previously assigned. The share of total required revenue assigned each zone shall then be collected by an ad valorem levy on each taxable property within the zone.

(6) All taxes provided for in this part shall be levied and collected by the county in the same manner as other county taxes, and while unpaid shall constitute a lien of equal stature and dignity with other county taxes.

History.—s. 1, ch. 65-408; s. 1, ch. 77-102; s. 895, ch. 95-147.

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Amendments to 161.37

Arrestable Offenses / Crimes under Fla. Stat. 161.37

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.37.

Annotations, Discussions, Cases:

Cases Citing Statute 161.37

Total Results: 6

Florida Power Corp. v. City of Winter Park

Court: District Court of Appeal of Florida | Date Filed: 2002-09-19

Citation: 827 So. 2d 322, 2002 Fla. App. LEXIS 13475, 2002 WL 31093938

Snippet: of Pensacola v. Southern Bell Tel. Co., 49 Fla. 161, 37 So. 820, 824 (1905), held: [M]unicipalities which

Alachua County v. State

Court: Supreme Court of Florida | Date Filed: 1999-05-13

Citation: 737 So. 2d 1065, 24 Fla. L. Weekly Supp. 212, 1999 Fla. LEXIS 803, 1999 WL 311324

Snippet: Pensacola v. Southern Bell Telephone Co., 49 Fla. 161, 37 So. 820 (1905). What concerns me is that we actually

Marriott Corp. v. Metropolitan Dade County

Court: District Court of Appeal of Florida | Date Filed: 1980-04-15

Citation: 383 So. 2d 662, 1980 Fla. App. LEXIS 16695

Snippet: Pensacola v. Southern Bell Telephone Co., 49 Fla. 161, 37 So. 820, 824 (1905); Certain Lots Upon Which Taxes

Moon v. Smith

Court: Supreme Court of Florida | Date Filed: 1939-06-02

Citation: 189 So. 835, 138 Fla. 410, 1939 Fla. LEXIS 1417

Snippet: Pensacola v. Southern Bell Telephone Co., 49 Fla. 161, 37 So. 820, the City sued the telephone company for

Brown v. City of St. Petersburg

Court: Supreme Court of Florida | Date Filed: 1933-11-17

Citation: 111 Fla. 718, 153 So. 140

Snippet: of Pensacola v. Southern Bell Tel. Co.,49 Fla. 161, 37 So. 820, the city sued the telephone company for

Robinson v. State

Court: Supreme Court of Florida | Date Filed: 1915-04-27

Citation: 69 Fla. 521

Snippet: 481, 11 L. R. A. 75; State v. Wells, 54 Kan. 161, 37 Pac. Rep. 1005; State v. Bartlett, 55 Me. 200;