§ 10-111. Hardship assistance.

(a)

An owner of residential property who meets poverty level income and asset guidelines utilized by the county in the administration of its social service program and whose residential property is either homestead exempt for purposes of ad valorem taxation at the time of making the application described herein or met the criteria for such exemption in the year following the year in which such application is made shall be eligible to have the solid waste disposal assessment paid by the county on behalf of said owner. Applicants for this hardship assistance shall provide written documentation satisfactory to the county in order to qualify for such assistance. Any amounts provided for hardship assistance shall be paid by the county from funds other than those generated by the solid waste disposal assessments.

(b)

Any request for hardship assistance shall be filed with the county manager before the end of the fiscal year for which such assistance is sought. The preceding sentence to the contrary notwithstanding, with respect to any solid waste disposal assessment due and unpaid for the fiscal year commencing October 1, 1993, through the fiscal year commencing October 1, 1996, a request for hardship assistance may be filed with the county manager no later than September 30, 1997. Failure to file a request for hardship assistance within the time permitted shall constitute a waiver of such right.

(c)

Each year the county manager is authorized and directed to prepare hardship assistance renewal certification forms and to deliver the same to all persons who received hardship assistance during the immediately preceding fiscal year by hand delivery or first class United States Mail. The hardship assistance renewal certification shall be in substantially the following form:

SOLID WASTE DISPOSAL ASSESSMENT HARDSHIP
ASSISTANCE RENEWAL CERTIFICATION

You have previously submitted an application to Clay County for hardship assistance in paying your solid waste disposal assessment levied under Ordinance 93-19, as amended. The application was granted for the year [insert current fiscal year], and Clay County paid your solid waste disposal assessment on your behalf. If the financial information you provided in your previous application is presently unchanged except for pension, social security or other governmental assistance cost of living increases, and your residence is homestead exempt for ad valorem tax purposes, you may certify this by checking BOX NO. 1 below, signing below, and returning this Renewal Certification to Clay County. Based upon this certification you will be qualified to receive hardship assistance for the year [insert next fiscal year]. If you do not check Box. No. 1 and sign and return this Renewal Certification to Clay County then you will not receive hardship assistance for the year [insert next fiscal year] based upon your previous application. If the financial information you provided in your previous application has changed, you may still be eligible for hardship assistance, but you must submit a new application. You may request a new application form by checking BOX NO. 2 below, signing below, and returning this Renewal Certification to Clay County. For questions please call [insert telephone number(s)].

□ BOX NO. 1: I HEREBY CERTIFY THAT THE FINANCIAL INFORMATION I PROVIDED IN MY PREVIOUS APPLICATION FOR THE SOLID WASTE DISPOSAL ASSESSMENT HARDSHIP ASSISTANCE PROGRAM IS PRESENTLY UNCHANGED EXCEPT FOR PENSION, SOCIAL SECURITY OR OTHER GOVERNMENTAL ASSISTANCE COST OF LIVING INCREASES, AND THAT MY RESIDENCE IS HOMESTEAD EXEMPT FOR AD VALOREM TAX PURPOSES.

_____
[signature]

□ BOX NO. 2: THE FINANCIAL INFORMATION I PROVIDED IN MY PREVIOUS APPLICATION FOR THE SOLID WASTE DISPOSAL ASSESSMENT HARDSHIP ASSISTANCE PROGRAM HAS CHANGED, AND I HEREBY REQUEST A NEW HARDSHIP ASSISTANCE APPLICATION FORM.

_____
[signature]

(d)

An owner of residential property who has received hardship assistance for the payment of the solid waste disposal assessment by the county in any given fiscal year and who has returned the hardship assistance renewal certification described in subsection (c) for the following year certifying thereon that the financial information provided in his or her most recent application for the solid waste disposal assessment hardship assistance is unchanged except for pension, Social Security or other governmental assistance cost of living increases, and that the residential property is homestead exempt for ad valorem tax purposes shall automatically qualify for hardship assistance for said year and shall not be required to reapply for hardship assistance for said year. In the event an owner of residential property no longer qualifies for hardship assistance based upon the guidelines utilized by the county as provided in subsection (a), said owner shall be obligated to notify the county manager thereof, and the county manager shall remove said owner's name from the list of persons who qualify for hardship assistance.

(e)

All applications for hardship assistance under this section shall be made in writing and under oath.

(f)

False or misleading information supplied in any application or hardship assistance renewal certification described in subsection (c) shall be grounds for the denial of the application. If an application for hardship assistance renewal certification has been granted and hardship assistance has been provided based thereon, and it is subsequently determined that the application or hardship assistance renewal certification contained false or misleading information that was material to the approval decision, then the applicant shall be required to repay to the county all funds paid out in hardship assistance based upon said application plus interest thereon accruing at the rate of twelve (12) per cent per annum. The county shall have a cause of action against the applicant for the recovery thereof and shall be awarded its attorneys fees and costs in any judgment entered in its favor. In the alternative the county may in any subsequent year add to the assessment levied against any residential property owned by the applicant under the authority of this article an additional assessment equal to part or all of the amount of all funds paid out in hardship assistance based upon said application or hardship assistance renewal certification plus interest thereon accruing at the rate of twelve (12) per cent per annum, not to exceed the maximum assessment allowed by law.

(g)

Each applicant for hardship assistance shall be obligated promptly to notify the county manager of any material changes in the information provided in the application for hardship assistance and whenever the applicant no longer qualifies for hardship assistance for any reason. In the event the applicant has failed to notify the county manager of any material changes in the financial information provided in the application for hardship assistance, which charges would disqualify the applicant from receiving further hardship assistance, and the applicant subsequently receives hardship assistance, or in the event the applicant has failed to notify the county manager whenever the applicant no longer qualifies for hardship assistance for any reason, and the applicant subsequently receives hardship assistance, then the applicant shall be required to repay to the county all said funds subsequently paid out in hardship assistance plus interest thereon accruing at the rate of twelve (12) per cent per annum. The county shall have a cause of action against the applicant for the recovery thereof and shall be awarded its attorneys fees and costs in any judgment entered in its favor. In the alternative the county may in any subsequent year add to the assessment levied against any residential property owned by the applicant under the authority of this article an additional assessment equal to part or all of the amount of all said funds subsequently paid out in hardship assistance plus interest thereon accruing at the rate of twelve (12) per cent per annum, not to exceed the maximum assessment allowed by law.

(h)

It is unlawful for any applicant for hardship exemption:

(1)

To knowingly supply false or misleading information in any application for hardship exemption; or

(2)

To knowingly submit to the county a solid waste disposal assessment renewal certification that contains false or misleading information; or

(3)

To knowingly accept hardship assistance after failing promptly to notify the county manager of any material changes in the financial information provided in the application for hardship assistance, which information would disqualify the applicant from receiving hardship assistance, or to knowingly accept hardship assistance after failing promptly to notify the county manager that the applicant no longer qualifies for hardship assistance for any reason.

(i)

A person who violates any paragraph of subsection (h) shall be guilty of a second degree misdemeanor, which shall be punishable as provided in Florida general law.

(Ord. No. 93-19, § 3.11, 6-8-93; Ord. No. 97-1, § 1, 1-14-97)