Was your residential dwelling rendered uninhabitable by Hurricane Ian or Hurricane Nicole? You may be eligible for a partial refund of your 2022 property taxes.

On December 16, 2022, section 197.3181, Fl. Stat., was signed into law, which provides for a prorated refund of ad valorem taxes for residents whose homes were impacted by Hurricane Ian or Hurricane Nicole. To qualify for the partial refund, the applicant’s property must have been determined “uninhabitable” due to Hurricane Ian or Hurricane Nicole, which means there was a loss of use and occupancy of a residential improvement which resulted from damage to or destruction of the residential improvement, or from a condition that compromises the structural integrity of the residential improvement.Continue Reading April 3, 2023 is the Deadline to Apply for a Partial Property Tax Refund

Lee County 50% Rule Changes To follow-up on my previous post, on November 8, the Lee County Commissioners considered several changes to facilitate repairs to buildings damaged by Hurricane Ian. The most significant changes involve how the “50% Rule” will be calculated.

The calculations for the 50% Rule along with other guidelines relating to the 50% rule are based on local regulation. Lee County Board of Commissioners were presented with and approved the following changes:

  • Allowing for a “permit-by-permit” valuation of the cost of repairs. The past County regulations required a cumulative consideration of improvements made over the previous 5 years. This change would not apply to “repetitive loss” properties that have received two or more NFIP payouts in excess of $1000 over a 10-year period.
  • Amending cumulative period for “repetitive loss” properties from 5 years to 1 year for 50% calculation.
  • Updating elevation requirements for manufactured homes in special flood hazard areas and coastal high hazard areas.
  • Amendment reflecting that the newest version of FEMA flood insurance rate maps for Lee County take effect November, 17, 2022.

Continue Reading Outcome of November 8 Lee County’s Meeting Regarding 50% Rule for Hurricane Ian Repairs

At its upcoming Special Meeting on November 8, the Lee County Commission will consider several changes to facilitate repairs to buildings damaged by Hurricane Ian.  The Local Planning Agency (LPA) will consider and make a recommendation on the proposed changes at its meeting on November 7.

The most significant changes involve how the “50% Rule” will be calculated.  The 50% Rule, required by FEMA as part of the National Flood Insurance Program (NFIP), states that repairs to damaged structures cannot exceed 50% of the value of the building unless the structure is brought into full compliance with current flood regulations, including minimum finished floor elevations.Continue Reading Lee County to Consider Changes to 50% Rule to Facilitate Hurricane Ian Repairs

The Extended Deadlines

On October 20, 2022, Governor DeSantis signed Executive Order 22-242 offering relief to Floridians whose property has been completely destroyed or otherwise rendered uninhabitable in the form of extended deadlines for filing ad valorem property taxes and non-ad valorem assessments levied in 2022. Normally, ad valorem property taxes are assessed on each county’s tax rolls and are collected by the county tax collector are due and payable on November 1 and become delinquent April 1. Now, with the signing of this executive order, these taxes will be due and payable on January 1, 2023. In addition, these taxes and assessments will now become delinquent on June 1, 2023 instead of the April 1. Finally, “all dates and time periods, and their associated provisions, relative to the collection of, or administrative procedures regarding, delinquent taxes and non-ad valorem assessments, including but not limited to the sale of tax certificates, are similarly extended based on the June 1, 2023 delinquency date.”

Who Qualifies?

Continue Reading Hurricane Ian Extends Property Tax Deadlines, Governor DeSantis Calls for Special Session to Offer Further Relief

unlicensed contractors Hurricane Ian made direct landfall in Southwest Florida, destroying thousands of homes and buildings. The destruction will now require the mobilization of hundreds of contractors in the construction industry. Unfortunately, a tragedy like Hurricane Ian will also attract a number of unlicensed contractors who will try and take advantage of desperate victims trying to rebuild their homes and businesses.

As Southwest Florida starts the rebuilding phase, here are a few things residents should be aware of:

Before you hire a contractor, ask to see their state-issued license

Whether you need roof repairs or mold-related services, you want to ensure the person you hire is licensed and insured. The definition of “contractor” under Section 489.105, Florida Statutes, requires that any person who seeks to

construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure” must have a license.

Allowing an unlicensed contractor to perform work on your property puts you at risk of liability and could cost you more in the end. Generally, unlicensed contractors do not have workers’ compensation and liability insurance. As a result, the property owner may be liable for any injuries that occur on site.

You may check your contractor’s license by going to www.myfloridalicense.com.

Unlicensed contracting is a felony

In Florida, unlicensed contracting is generally charged as a first-degree misdemeanor, with penalties of up to one year in jail or 12 months of probation, and a $1,000.00 fine.Continue Reading Unlicensed Contractors: What You Need to Know