County Refuses To Intervene In Sun 'N Lake Fight

After doing weeks of research on the state law, legal issues and complaints of residents at Sun 'n Lake of Sebring, Highlands County Assistant Administrator Ricky Helms recommended Tuesday that the board of county commissioners do nothing about the battle there between homeowners and the large, absentee landowners.

And, once again, the five county commissioners did just that about the complaints of Sun 'n Lake residents, nothing.

Before the commissioners did nothing, though, they listened to sometimes impassioned complaints from residents that the large landowners unfairly control the governance of this independent special improvement district.

And, too, before they did nothing, the commissioners listened to long and sometimes complicated reasons why the landowners should control the Sun 'n Lake special improvement district government from Terry Lewis, the attorney representing the large landowners' interests.

If there was anything new to this ongoing and never-ending discussion at Tuesday's county commission meeting, it was that two residents reported the dispute between the homeowners and landowners becoming "more bitter" and filled with "animosity."

The big divide is how the three seats on the district's board of supervisors are elected. Under the district's charter, which was created by the county commissioners in 1974, a three-seat, controlling majority of the seats are elected solely by the small number of large landowners, who don't live there, while two seats are elected to the people who own homes and live there.

SNL residents Bill Jackson and Dick Miller said homeowners want a "one person, one vote" rule, which would give residents, instead of the landowners, control of the SNL board of supervisors.

"I think the animosity has risen to a higher level," Jackson said.

County Commissioner Guy Maxcy, who is running for re-election to a fifth consecutive four-year term, was the only commissioner who spoke forcefully on behalf of the homeowners.

"The problem," Maxcy said, repeating the complaints of Jackson and Miller, "is taxation without representation."

Maxcy is running for re-election in county commission District 3, which includes all of the Sun 'n Lake of Sebring residents and voters.

Maxcy asked Lewis why somebody can't change the SNL set-up "to make it fair for everybody?"

Lewis answered that there are two ways to look at the situation, either that the residents should have democracy and, just like in any place in America, elect their government, or the few large landowners should continue to set the taxes and the rules for the special district where they don't live.

"You can make both arguments," Lewis told Maxcy. "What's your poison?"

Helms said that if the county commissioners did, as state law allows, disband the Sun 'n Lake Independent Special Improvement District, the commissioners would then become the government for Sun 'n Lake and make all governmental decisions, including how much taxes or assessments to charge the homeowners and land owners.

If that happened, the property taxes paid by SNL homeowners would more than double immediately, Helms said.

The owner(s) of the average priced home at SNL pay $653 per year assessments, which are charged instead of property taxes.

If the county commission took over the district's governance, property taxes would replace the assessments, Helms said, and the payment owed on that same average priced home would "increase to nearly $1,400 per year," Helms said.

Helms was instructed a month ago to research the issues at SNL and recommend to the county commissioners what, if anything, the commissioners should do regarding residents' complaints.

Because taking over the district would double the property taxes of residents, and create several for-sure and several possible problems for the county, Helms said, he recommended that the commissioners do not intervene in any way.

Helms's recommendation and the commissioners' inaction didn't please SNL residents at the county commission meeting.

"One person, one vote, that's all I want ... that's the way democracies are," Jackson said.

But SNL, which is the only type of special improvement like it in Florida, is not a democracy and won't be, unless homeowners prevail in the pending lawsuit they filed.

When Lewis offered no offer of any compromise to the SNL homeowners protesting the landowners' control, Maxcy asked the attorney two questions.

"Don't you understand the problem?" Maxcy asked. Then he added, "Do you understand the politics?"

Lewis said he understands the problem and he understands the local politics involved, but he wouldn't change his position.

Lewis said either the county commission or the unhappy SNL residents have several "simple, straightforward" options to seek change. One is asking the state Legislature to pass a special law to change the governance of Sun 'n Lake of Sebring.

If the Legislature and governor agreed, a special state law could be passed which would re-invent Sun 'n Lake as a "Special Act Independent Special Improvement District."

The commissioners made no comment about trying to lobby for the state Legislature to solve a local problem affecting a small portion of Highlands County.

Lewis pointed out that Sun 'n Lake of Sebring was created by the county in 1974 under a state law that was repealed in 1980.

One other special improvement district just like Sun 'n Lake of Sebring was created before such districts became illegal in 1980, Lewis said. The other one, Lewis said, was on the outskirts of Tallahassee and disbanded many years ago.