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Mr. Feichthaler:
I received the tax notice over the summer, saying that my property taxes would be around $2,200. I received my bill this week and the total was $2,700! I though the taxes could not exceed the amounts on the TRIM notice.
-- Kelly B.
Dear Kelly:
The Truth in Millage statement, or TRIM, is sent out every year to advise property owners of the new assessed value of property, and the proposed millage rate for each taxing jurisdiction. In Cape Coral, those rates include the Cape Coral general tax, GO Bond tax, Lee County and Lee County School Dis-trict, among others. It shows both last year's rate, and this year's "not to exceed" rate. So, it is true that the millage rate cannot exceed the amounts on the TRIM notice.
However, the TRIM notice does not take into account assessments charged to each property.
In Cape Coral, those assessments typically include garbage collection, stormwater fees, fire assessment and lot mowing for unimproved properties. Of course, if you are in a utility assessment area, that will be tacked on as well. The final tax bill includes both property tax based on value (ad valorem), plus charges based on specific value provided and not based on property values (non ad valorem). So, your final total tax bill will always be higher than the TRIM notice, particularly as the city moves more and more to assessment-based collections.
Remember, everyone gets a 4% discount for paying property taxes in November, so if you have the means to do so, it is almost always best to pay early rather than have the money in a savings account.
Eric P. Feichthaler has lived in Cape Coral for over 33 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Historical Museum, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 20 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator.
Mr. Feichthaler can be reached at eric@capecoralattorney.com, or (239) 542-4733.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.