Agenda 03/25/2008 Item #16K 7
Agenda item f\Jo. 16K7
March 25. 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve a budget amcndment
in the amount of $284,906.36, and direct staff to deposit these funds into the Court registry,
in order to effectuate a November 22, 2006 Order of Intcrpleader and a February 15, 2008
Order Granting Motion for Summary Judgment relating to the redemption of Tax
Certificate No. 98-5482 (TDA #11983) and subsequent conflicting claims for surplus funds.
OBJECTIVE: For the Board of County Commissioners to approve a budget amendment in the
amount of $284,906.36, and direct staff to deposit these funds into the Court registry, in order to
effectuate a November 22, 2006 Order ofInterpleader and a February 15, 2008 Order Granting
Motion for Summary Judgment relating to the redemption of Tax Certificate No. 98-5482 (TDA
#11983) and subsequent conflicting claims for surplus funds.
CONSIDERATIONS: Pursuant to Chapter 197, Florida Statutes, Tax Certificate No. 98-5482
(TDA #11983) was redeemed at public sale on October 11, 2004, which resulted in surplus funds
in the amount of $284,906.36. The Clerk of the Circuit COUl1 transferred these surplus funds to
the Board of County Commissioners in accordance with Section 197.473, Florida Statutes which
provides as follows:
Disposition of unclaimed rcdcmption moneys.--
"(I) After money paid to the tax collector for the redemption of tax certificates
has been held for 90 days, which money is payablc to the holder of a redcemed
tax certificate but for which no claim has been made, on the first day of the
following qUaJ1er the tax collector shall remit such unclaimed moneys to the
board of county commissioners, less the sum of $5 on each $100 or fraction
thereof which shall be retained by the tax collector as service charges.
(2) Two years after the date the unclaimed redemption moneys were remitted
to the board of county commissioners, all claims to such moneys are forever
barred, and such moneys become the property of the county."
The Office of the County Attorney subsequently receivcd conflicting claims for these surplus
funds and, appropriately, filcd a Complaint for Interplcadcr with the Circuit Court. The Ordcr of
Interpleader dated Novcmbcr 22, 2006 (attachcd hereto as Exhibit A), authorizes deposit of the
$284,906.36, and directs acceptance of such funds, into the Court registry pending the Court's
determination as to the rightful recipient of the surplus funds. The Court's Order Granting
Motion lor Summary Judgmcnt dated February 15, 2008 (attached hereto as Exhibit B) dirccts
how these funds wi II be disbursed, and a budgct amcndmcnt is necessary to effectuate these
Orders.
FISCAL IMPACT: Therc is no known fiscal impact, as these funds represent surplus from a
tax deed sale. The County has requested, and has been granted, reimbursement of $764.00 in
costs relating to filing aJld prosecuting the intcrpleader action. Consequently, upon completion
of the transfer, the Connty will recoup these costs.
GROWTH MANAGEMENT IMPACT: None.
P.g8nca itE:.m t'~o. 1 CjK7
to/arch 25, 20GB
Page 2 of?
RECOMMENDATION: That the Board of County Commissioners to approve a budget
amendment in the amount of $284,906.36, and direct staff to deposit these funds into the Court
registry, in order to cffectuate a Novcmber 22, 2006 Ordcr of [nterpleader and a February 15,
2008 Ordcr Granting Motion for Summary Judgment relating to the rcdemption of Tax
Certificate No. 98-5482 (TDA #11983).
PREP ARED BY: Jeff E. Wright, Assistant County Attorney with review and approval by John
Y onkosky, Director of the Office of Management and Budget.
Page I of I
/'...genda Item ~~o. 16K7
fv1arch 25, 2008
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K7
Meeting Date:
Recommendation that the Board of County Commissioners approve a budget amendment in
the amount of $284,906.36, and direct staff to deposit these funds into the Court registry, in
order to effectuate a November 22,2006 Order of Interpleader and a February 15.2008
Order Granting Motion for Summary Judgment relating to the redemption of Tax Certificate
No. 98-5482 (TDA #11983) and subsequent conflicting claims for surplus funds.
3/25/2008 90000 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/18120082:14 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissione:-s
County Manager's Office
3/18/20086:24 PM
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1.'1\ THE CIRCLTf COURT OF THE TWE:\TIETII JCDIJ;'IAL
CIRCUIT, IN AND ~R:~OjLl1~~:'GOUNTY, FLORIDA i2
CIVIL ACTION 8
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COLLIER COUNTY, a Political
Subdivision of the State of Florida,
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Case No.
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JORGE CESAR ROMER and OSCAR
MOSQUERA,
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Defendants
ORDER OF INTERPLEADER
THIS COURT, having reviewed and considered Plaintiff's COMPLAfNT
(INTERPLEADER) filed in the above-styled case, it is hereby ORDERED,
lillJUDGED AND DECREED that:
I. Plaintiff COLLIER COUNTY is authorized to deposit, and the Clerk of
Courts is hereby directed to accept into the registry of this Court, the sum of
$284,906.36, to be held pending the further Order of this Court.
2. DefendaIlts may serve pleadings between them concerning the right to the
interpleaded surplus funds within twenty (20) days from the date of this
Order.
EXHIBIT
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Agenda Ilem No. 16K7
March 25, 2008
Page 5 of 7
3. Defendants, and each of them, their agents, and attorneys, are permanently
enjoined from instituting, prosecuting, or maintaining any action against
Plaintiff in cOlmection with the interpleaded surplus funds.
DONE AND ORDERED in Chambers, Collier County Courthouse, Naples,
Florida, this .;J;J day of A'~)/. ,2006.
/~/ ~:l';?~
~ !I0',ORABLE /
Circuit Court Judge
Conformed copies to:
v1eff E. Wright, Assistant Collier County Attorney
/David C. Bearden, Esquire
;/Gary S. Glasser, Esquire
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EXHIBIT
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,-L\cenda item ~~o, 'i6K?
v March 25. 2008
COPY
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a Political
Subdivision of the State of Florida,
Plaintiff,
v.
Case No: 06-001956-CA
JORGE CESAR ROMER and OSCAR
MOSQUERA,
Defendants.
REINHllD M. BOSSUYT,
Defendant/Cross-Plaintiff,
vs.
JORGE CESAR ROMER and OSCAR
MOSQUERA,
Defendants/C ross-Defenda nts.
I
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come before the Court on February 7, 2008 on a
Motion for Summary Judgment brought by REINHILD M. BOSSUYT, assignee of
the Varnville Corporation, N. V. and the Court having heard argument of counsel,
it is;
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'-:\98',-loa Item No. .16K7
March 25, 2008
t"age 7 of 7
ORDERED AND ADJUDGED that the Motion for Summary Judgment is
granted, and the Clerk of Court shall distribute the $284,906.36 of surplus
proceeds under a tax foreclosure sale number 98-5482 which was placed in the
Court Registry pursuant Court Order on November 22, 2006.
IT IS FURTHER ORDERED AND ADJUDGED that the Office of the
Collier County Attorney should receive $764.00 from the tax deed surplus. The
Clerk of Court is authorized to deduct any fee, which is necessary for this
transfer, and the remainder of the funds shall be distributed to James L. Goetz,
P. A. trust account.
DONE AND ORDERED in Naples, Collier County, Florida on this
day of
2008.
HUGH E. HAYES
Circuit Court Judge
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Circ~it JUdg~es
EXHIBIT
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