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Written Communication 7.

BCC Regular Meeting

Meeting Date:	05/25/2017
Issue: Written Communication - Request to Return Escheated Property to Prior Owners, Rochester Pettway and Tammy Pettway
From:	Stephan Hall
Department:	Asst County Administrator
CAO Approval:

RECOMMENDATION:

May 12, 2017 - Communication from Rochester Pettway and Tammy Pettway requesting the County return real property, located at 852 Violet Avenue, Pensacola, FL 32505 (Parcel Ref#26-1S-30-6101-019-006, Account #03-1271-000), that was conveyed to the County via an Escheatment Tax Deed on February 3, 2017 (recorded in Official Record Book 7674 at page 1987 on March 6, 2017), which was the Homestead Property of Rochester Pettway at that time.

BACKGROUND:

Rochester Pettway and Tammy Pettway were the Fee Simple Owners of the property located at 852 Violet Avenue, Pensacola, Florida at the time that the property was advertised for the payment of delinquent taxes at the February 3, 2014 Tax Deed Sale. The property was not purchased at the Tax Deed Sale and was then entered onto the County Lands Available List, where it was available to be purchased through the Clerk's Office until it escheated to the County on February 3, 2017.

Upon escheatment, it was determined that the property was occupied by Rochester Pettway. Mr. Pettway contacted the County to find out how he could get his property back.

Mr. Pettway was provided with a copy of Florida Statute 197.592, which provides that:

(1) Lands acquired by any county of the state for delinquent taxes in accordance with law which have not been previously sold or dedicated by the board of county commissioners may, at its discretion, be conveyed to the record fee simple owner of such lands as of the date the county obtained title to the lands. However, before any conveyance shall be made, the former owner of the lands may file with the board of county commissioners a verified written application which shall show:

(a) The description of the lands for which a conveyance is sought;

(b) The name and address of the former owner;

(d) The price of the lands as previously fixed by resolution of the board of county commissioners, if this has been done;

(e) The use to which the lands were enjoyed by the record fee simple owner at the time of acquisition by the county;

(f) A brief statement of the facts and circumstances upon which the former owner bases the request for restitution of the described property;

(g) An offer to pay an amount equal to all taxes, including municipal taxes and liens, if any, which had become delinquent, together with interest and costs provided by law.

The attached communication from Mr. and Mrs. Pettway serves as written application to the Board for return of the aforementioned property. Mr. Pettway currently still resides at this residence, pending Board decision of this request.

BUDGETARY IMPACT:

Return of this property to the prior Fee Simple Owners would allow the Property to be placed back on the tax rolls. The amount of taxes to be paid to the Tax Collector by May 31, 2017, should the Board agree to return the property would be $4,008.92, as verified with the Tax Collector's Office. The prior owners would bear all recording costs related to the transfer of title back to them.

LEGAL CONSIDERATIONS/SIGN-OFF:

The County Attorney's Office was consulted with regard to the process.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

Florida Statute 197.592

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Pettway - Written Application
Florida Statute 197.592
Tax Collector Verification of Amount Owed
Escheatment Tax Deed - 852 Violet Avenue