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Court says PILOT payments are not unconstitutional

Court says PILOT payments are not unconstitutional

Court says PILOT payments are not unconstitutional

The Florida Supreme Court, accepting a question certified by the state Court of Appeal, has held that an agreement by a charitable organization to make payments in lieu of taxes (“PILOTs”) to a local municipality is not unconstitutional or unenforceable. The Court of Appeal had ruled otherwise ( See Nonprofit Issues , April 2015 .) and the Supreme Court has reversed. A nonprofit developer of low-income housing had entered into an agreement with the City of Largo after acquiring the property for development in 2000. The developer agreed to make payments in lieu of taxes equal to the taxes it would have to pay if assessed in accordance “with standard taxing procedures.” The City agreed to...

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