Fort Myers, FL
Yesterday I filled you all in on how the district (us) is now engaged in a battle with the charter schools that may land both sides in Lee County Court and jack up our legal expenses on yet another matter (yesterday's story). Your feedback has been excellent by the way. I've asked Supervisor Ed Sichel if someone is keeping a running tab on the legal expenses for this particular case but have not heard back from him on that one yet.
Thursday night, Supervisors will get a full report on the schools plans to take the district to Lee County court and ask a judge to make a ruling on whether $47,000 from 2007 should be refunded. You can read the COMPLAINT HERE. The Charter schools are claiming that a 2007 change by the Florida legislature exempts charter from having to pay any special assessment which is what the CDD imposes on the two facilities. The attorney for Charter has really been pushing district attorney Tony Pires around, claiming he is playing the delay game. And I wonder exactly how much that delay game is costing residents. You can read their jousting HERE. Also, the schools have yet to pay their 2008 or 2009 assessments.
Now I'm no lawyer but I believe the district will not only have to give back the 2007 money but will never see the 2008, 2009 or any future assessments from the schools. And that will leave a huge gap of over $50,000 per year in the district budget. If the district's only defense is that the school purchased the property from a private individual the district better have a signed document that states Charter will continue to pay the assessments. Otherwise, you interpret the law.
If you log onto the Florida Charter School Statute page and scroll to "facilities". This paragraph looks pretty clear..." Charter school facilities are exempt from assessments of fees for building permits, except as provided in s. 553.80, fees for building and occupational licenses, impact fees, service availability fees, and assessments for special benefits". Now, I know some of you are lawyers out there. What do you think? In addition whenever someone "goes against education" they hardly ever win. There are never enough teachers. There are never enough pencils. There are always too many students. If they can portray you as taking money away from the kids you will never win.
Now, I understand the delays. Doesn't look good.
