§ 25B-17. Reconveyance of development rights or release of owner from terms of covenant; payment of deferred tax liability.

(a)

After making a conveyance of the development right or executing a covenant pursuant to this article, the owner of said land or anyone with the owner's knowledge or consent shall not use said land in any manner inconsistent with the development right voluntarily imposed, or with the terms of the covenant without first obtaining a written instrument from the Board, which instrument reconveys all or part of the development right to said owner or releases said owner from the terms of the covenant, and which instrument must be promptly recorded in the same manner as any other instrument affecting the title to real property. Any violation of this section shall constitute a breach of the conveyance or covenant, for which breach the Board, after holding a hearing, may reconvey the conveyance or revoke the covenant and require the owner of the land to pay the deferred tax liability as such term is defined in Section 25B-17(b).

(b)

The reconveyance or release shall only be made to the owner upon payment of the deferred tax liability, which shall be an amount equal to the difference between the total amount of taxes which would have been due in March in each of the previous years in which the covenant or conveyance was in effect if the property has been assessed under the provisions of Section 193.011, Florida Statutes, and the total amount of taxes actually paid in those years when the property was assessed under the provisions of this article, plus six (6) percent per annum interest on the amount so established. This payment shall be extended on the tax bill as a separate item by the County Tax Collector and shall be payable, without discount, at the time of payment of the other taxes on the bill.

(c)

The Board, as title holder of the development right pursuant to this article, shall not convey said development right to anyone other than the record owner of the fee interest in the land to which the development right attaches or his heirs, assigns, or devisees. The release from a covenant or reconveyance to the owner of the fee or his heirs, assigns or devisees shall be made only after a determination by the Board that such release or reconveyance would not adversely affect the interest of the public. The Board shall not release a covenant or reconvey the development right to the record owner of the fee interest or his heirs, assigns or devisees without first holding a public hearing. Notice of said public hearing shall be published once a week for at least two (2) weeks in a newspaper of general circulation in Miami-Dade County, Florida, prior to said hearing.

(Ord. No. 75-33, § 7, 5-21-75; Ord. No. 79-105, § 1, 12-4-79)