Council member claims no part in special tax district he sponsored. How is that possible?

Jacksonville City Council member Rory Diamond claims zero involvement in creating a controversial special tax district that he sponsored last year, as he now pushes legislation to dismantle it.  

Some Intracoastal West residents say the Hogpen Creek special tax district threatens their homeownership, with a surprise $40,000 in extra property taxes over the next decade or so. The district sailed through council committees while Diamond was on military leave and passed in March of 2023.

While Diamond’s name was on the legislation at its introduction — and irate residents had begged him to put a stop to the district since shortly after its creation — he was excused for every vote on it while out of state on military training. In emails and interviews with Jacksonville Today, he is steadfast that he would never have introduced it or supported it had he been in town. 

“Look, I wish we could go back in time and I can say, ‘Don’t introduce this under my name,’” Diamond said. “But they did, and then 19 or 18 people here voted for it unanimously because they felt the city had done the process correctly. The city hadn’t done the process correctly. The notices weren’t right. There wasn’t enough community support.”

Diamond says he knew the legislation existed but did not know his name was on it.

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“I’ve never voted for a special district. I vote against their budgets. I vote against the creation of these things, and I’m going to introduce this bill, which is going to unwind this one and be done with it,” says Diamond, who represents council District 13. 

And like the unhappy residents of Holiday Harbor, Ketch Cove and Seven Pines Island, several council members this week said they realize now they were not fully informed before voting. 

“I remember asking the question: Do the neighbors understand what they’re getting into? And we were told yes,” said at-large Council member Ron Salem, referencing the 2023 Finance Committee public hearing on the bill. “Clearly, we were misled as a council.”

So how does legislation that aims to hike residents’ tax bills by $4,500 annually get enacted by the City Council with zero support from the member from whom the tax originated?

Some who showed up to Tuesday’s council meeting blamed the residents who wanted the district created in the first place. But Hogpen Creek board Chair Jason Hafer points his finger back at city officials. 

“They approved it,” Hafer said in a phone interview. “The board members — who weren’t board members at the time — simply expressed a need. We were directed by both Rory’s office and the (city’s Office of) General Counsel on the process, and then the process was facilitated by the general counsel.”

“We are not aware of any specific responsibility that an introducer has with respect to the bill, although the introducer often represents, explains, or defends the bill as it moves through the legislative process,” said General Counsel Michael Fackler in an email to Jacksonville Today. 

Could the legislation have been filed in Diamond’s name by mistake? At-large council member Ron Salem says he does “not know how it could be by accident.”

At-large council member Matt Carlucci says it’s highly unusual for a member’s office to originate legislation that the member isn’t 100% behind.

Asked if he feels Hogpen Creek’s return to City Hall for dissolution, a year after its passage, is a failure of checks and balances, Carlucci said, “No, I think it was a failure of the council member.” 

Carlucci added, “He was an absentee introducer, but he introduced the bill and it had real consequences.” 

Not all share in criticizing Diamond. 

At Tuesday’s meeting, council member Raul Arias praised him for trying to dissolve the district now. He, along with members Chris Miller, Will Lahnen and Council President Randy White have signed on as co-sponsors to support axing the district.

“I want to commend him for all the work he’s putting into this,” Arias said, telling residents, “He was already on it, even though he was deployed – serving our country, serving us during Hurricane Milton – he was gladly working on this for you guys.”

Birth of a taxing district 

Back in 2022, several Intracoastal West residents wanted to dredge the length of Hogpen Creek to make it more navigable by boat. 

So, according to Hafer, the district’s board chair, they reached out to the office of their city council member: Rory Diamond. Hafer said Diamond’s staff and the city’s Office of General Counsel first suggested they create what’s called a neighborhood assessment program, so they began collecting petition signatures in October of 2022.

The petition effort was abandoned at the end of 2022 in favor of the state-recognized special district, which needed only’s council approval. Diamond’s office filed the legislation on Feb. 28, 2023.

The Hogpen Creek Dependent Special District became one of about 1,900 such entities across Florida and one of several in Duval County created between 2011 and 2023 with the power to issue bonds and levy taxes and fees on homeowners. The state of Florida allows them to pay for costly local infrastructure without burdening people who won’t directly benefit from them. 

The estimated $4.5 million cost of the dredge is being split evenly among people who live between San Pablo Road and the Intracoastal Waterway. Many residents say they were blindsided by the first tax assessment in the mail.

What’s next?

Diamond’s new legislation, Ordinance 2024-0807, is set to be heard by city council committees the week of Nov. 4.

Regardless of whether it passes, the roughly 100 plus a dozen households in the district will get a reprieve for this year.

Diamond announced to residents Tuesday that the Hogpen Creek board has agreed to stop its 2024-2025 tax assessment, and he is working with Duval County Tax Collector Jim Overton to get new tax bills issued — and in time for residents to still receive an early-payment discount.

As for Hafer, the district’s board chair, he insists most residents want to keep the district, and are resolved to dredge in the future. They aim to hold the city at least partly financially responsible for that dredging, as some believe runoff from the Sandalwood Canal contributes to the silt buildup in Hogpen Creek.

He also thinks council members should take at least a little responsibility for not vetting the original legislation.

“They picked up the ball and brought it to the finish line without any additional questions, investigations or feedback from anyone,” Hafer said.