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Real Estate Law | TRIM Notice, taxes & assessments

4 min read
Eric P. Feichthaler

Dear Mr. Feichthaler:

I received a "Notice of Proposed Property Taxes" this week in the mail for my home. First, I really don't know what to do with this document. Second, I see that my market value of my home went up over $40,000! The reality is it may have gone down $40,000. What can I do?

Erica S.

Dear Erica:

Yes, property tax time is again upon us in Cape Coral, and most property owners have received these notices. Also known as TRIM notices ("Truth in Millage"), these notices are designed to inform you of what you may pay for the year coming up. The three columns show, first, what last year's millage was and the taxes that resulted. The second column shows what your taxes and millage would be if spending were held constant, but taking into account the change in property values, and the final column is the maximum tax that each of the taxing districts can charge.

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“. . . for those taxpayers who are in a situation where the market value is believed to be higher than justified, and a higher tax bill will result, a petition to the Value Adjustment Board can be filed. The fee to file is $30, and it can be done online through the Clerk's office. The deadline is Sept. 12 . . .”

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Most of these districts will have public meetings to adopt millage rates. Cape Coral will have two meetings in September to adopt the final rate. The rate on this statement cannot go higher at the final meeting, but the city council can elect to lower it. Keep in mind, this statement does not include the fire assessment, which is also partially based on value. It also does not include other city assessments, such as Lot Mowing, Stormwater, and garbage collection, although all of these will also appear on your final tax bill in November.

You mentioned this was your home, which is good news for you as a property owner. No matter how high the "market value" may go, the Save Our Homes benefit caps annual increases to taxable value. The maximum amount the taxable value can increase is 3%. Therefore, there may be no financial benefit to protesting the market value in your case.

However, for those taxpayers who are in a situation where the market value is believed to be higher than justified, and a higher tax bill will result, a petition to the Value Adjustment Board can be filed. The fee to file is $30, and it can be done online through the Clerk's office. The deadline is Sept. 12. You can also call the Lee County Property Appraiser directly for an informal review, which has benefited several of my clients in the past.

Just a reminder to those who have recently moved here - filing for homestead tax savings is one of many great benefits of living in Florida. To establish homestead, you must live in your home and be domiciled there as of Jan. 1 of the year you are seeking the deductions. Driver's License, voting ID, and other proof of residency is required. If you haven't yet filed, you must do so prior to March 1 to be eligible for the 2026 tax bill.

Eric P. Feichthaler has lived in Cape Coral for over 35 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Cape Coral 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, and Cape Coral Kiwanis. He has been married to his wife, Mary, for 22 years, and they have four children. He earned his board certification in Real Estate Law from the Florida Bar, and primarily practices in real estate law and wills and trusts. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He 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.

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