Fort Myers FL
In the ongoing battle between Gateway residents and the 2 Gateway Charter Schools, it looks like the issue may soon be headed to court. Charter is demanding Gateway residents return $46,000 in tax assessments from 07 and 08. They have not paid 08 and 09 and don't plan to.
Charter USA is claiming that a 2007 change made to the Florida legislature exempts them from having to pay assessments to Gateway and they have threatened to take us to court unless a refund check is sent.
A portion of the law reads: "Charter school facilities are exempt from assessments of fees for building permits, except as provided in section 553.80, fees for building and occupational licenses, impact fees, or service availablility fees, and assessments for special benefits".
An April 19th e-mail from the Charter USA attorney says a lawsuit is coming soon. G.S.D. attorney Tony Pires, well-known for constantly hounding all Supervisors and committee members about the Sunshine law, will request a closed door session this Thursday night to discuss the matter. He also writes that "it is arguable that the property at issue is not exempt from the lien of the maintenance assessments and that absent a lawsuit actually being filed, a request should be made of the Attorney General for a formal written opinion".
The bottom line to you and me: we are either going to write a big check to the Charter Schools or we are going to pay an attorney to take it to court, which, if we lose, adds more to our financial loss. None of this money was budgeted, therefore in all likelihood it will come out of the general fund or the reserve account.
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