IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR CITRUS COUNTY CIVIL DIVISION

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1 FERNANDO MONROY and EDITH MONROY, on behalf of themselves and all others similarly situated, Plaintiffs, IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR CITRUS COUNTY CIVIL DIVISION vs. CITRUS COUNTY, FLORIDA; CITRUS SPRINGS MUNICIPAL SERVICES BENEFIT UNIT; CITRUS COUNTY PROPERTY APPRAISER; and CITRUS COUNTY TAX COLLECTOR, Defendants. / Case No CA-1840 NOTICE OF PROPOSED CLASS ACTION SETTLEMENT A Florida State Court authorized this Notice. This is not a solicitation from a lawyer. TO OWNERS OF PARTIALLY IMPROVED LOTS LOCATED WITHIN THE CITRUS SPRINGS MUNICIPAL SERVICES BENEFIT UNIT WHO PAID A $20.00 SPECIAL ASSESSMENT PURSUANT TO ORDINANCE NO , SEC BETWEEN MAY 11, 2000 AND APRIL 16, The Parties have entered into a proposed Settlement in a class action lawsuit alleging that Citrus County, Florida, Citrus Springs Municipal Services Benefit Unit (the MSBU ), Citrus County Property Appraiser and the Citrus County Tax Collector (collectively referred to as Defendants ) improperly authorized and collected MSBU assessments per lot on an annual basis for use on projects that do not directly benefit the burdened properties, as required by law, and that the assessments are improperly apportioned and burdensome to partially improved lots in violation of applicable Florida law. Defendants have responded that the MSBU has funded necessary infrastructure and other improvements that benefitted Citrus Springs and each Class Members property. Defendants further believe that the fees were fairly apportioned and have improved the community. The proposed Settlement includes all record title owners of partially improved lots located within the MSBU, as defined by Citrus County Code Sec (b), identified on the assessment roll as such by the Citrus County Tax Assessor, from May 11, 2000 to April 16, 2013, and have paid the assessment. The proposed Settlement provides monetary relief to Class Members based upon the number of parcels owned by the Class Member and the number of years the Class Member paid the assessment. Your legal rights may be affected even if you do nothing. Please read this Notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS CLASS ACTION LAWSUIT: STAY IN THE CLASS AND SUBMIT A CLAIM FORM BY MAY 20, 2016 ASK TO BE EXCLUDED FROM THE CLASS BY MAY 20, 2016 OBJECT BY MAY 20, 2016 DO NOTHING You may remain in the class action and submit a Claim for a monetary payment within the time frame allowed. If you choose to make such a Claim, you will give up any rights to sue the Defendants on your own concerning any and all legal claims in this Lawsuit, those claims will be deemed released, and you will be bound by the Court s decisions. If you ask to be excluded from the class action, you will receive no payment under the Settlement Agreement, and you will keep any rights to sue the Defendants on your own about the same legal claims in this Lawsuit. If you do not exclude yourself from the Class, you may object to, or comment on, the proposed Settlement. By doing nothing, you will remain in the Class, but you will not receive any payment, and you will give up any rights and release all legal claims that are covered by this Lawsuit. Your rights and options and the deadlines to exercise them are explained in this Notice. To ask to be excluded, you must act before May 20, QUESTIONS? CALL OR VISIT PAGE 1 OF 6

2 The Court in charge of this case will be asked to decide whether to approve the proposed Settlement. Payments will only be made if the Court approves the proposed Settlement and after any appeals are resolved. Please be patient. WHAT THIS NOTICE CONTAINS BASIC INFORMATION... PAGE 2 1. Why did I get this Notice package? 2. What is this Lawsuit about? 3. Why is this a class action? 4. Why is there a proposed settlement? WHO IS PART OF THE PROPOSED SETTLEMENT?... PAGE 3 5. How do I know if I am included in the proposed settlement? 6. How do I know if I paid the assessment? THE SETTLEMENT BENEFITS... PAGE 3 7. What does the settlement provide? 8. How will my Settlement Payment be determined and sent? 9. When will I receive my Settlement Payment? YOUR RIGHTS AND OPTIONS... PAGE How do I file a Claim? 11. What happens if I do nothing at all? RELEASE OF YOUR RIGHTS... PAGE What am I giving up to stay in the Class? EXCLUDING YOURSELF FROM THE PROPOSED SETTLEMENT... PAGE What do I do if I don t want to be in the proposed Settlement? 14. How do I exclude myself from the proposed Settlement? OBJECTING TO THE SETTLEMENT... PAGE How do I tell the Court that I don t like the proposed Settlement? 16. What is the difference between objecting and excluding? THE LAWYERS REPRESENTING YOU... PAGE Do I have a lawyer representing my interests in this case? 18. Should I get my own lawyer? 19. How will Class Counsel be paid? THE FINAL APPROVAL HEARING... PAGE When and where will the Court decide whether to approve the proposed settlement? 21. Do I have to come to the hearing? 22. May I speak at the hearing? GETTING MORE INFORMATION... PAGE Are more details available? 1. Why did I get this Notice Packet? BASIC INFORMATION The Defendants records show that during the time period from May 11, 2000 to April 16, 2013, you owned one or more partially improved lots within the Citrus Springs MSBU and that you have paid a Special Assessment on the lot(s) during the relevant time period (the Class Period ). The Court authorized the Parties to send you this Notice to inform you about a proposed Settlement of a class action lawsuit and your options. The Court has not yet decided whether to approve the proposed Settlement as final. Should the Court approve the Settlement, you must submit the included Claim Form in order to recover the monetary payments outlined in the Settlement. This Notice explains the Lawsuit, the proposed Settlement, what payments may be available, who is eligible to receive them, and how to make a claim for a payment under the Settlement. 2. What is this Lawsuit about? This Lawsuit is pending in the Circuit Court for the Fifth Circuit, in and for Citrus County, Florida. The Lawsuit is known as Fernando Monroy and Edith Monroy v. Citrus County, Florida; Citrus Springs Municipal Services Benefit Unit; Citrus County Property Appraiser; and Citrus County Tax Collector, Case No CA The persons who sued are called the Plaintiffs. The entities being sued are called the Defendants. The Lawsuit is about whether the Defendants authorized and collected annual MSBU assessments per lot for use on projects that do not directly benefit the burdened properties. The Defendants dispute these allegations and deny all wrongdoing. 3. Why is this a class action? In a class action, one or more people, called class representatives, sue on behalf of themselves, and other people with similar claims. All of these people together are the class or class members. In this case, the Class Representatives are Fernando Monroy and Edith Monroy. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. For purposes of QUESTIONS? CALL OR VISIT PAGE 2 OF 6

3 the proposed Settlement, the Parties are requesting the Court to conditionally certify the Lawsuit as a class action. The Court will make a final determination as to Class certification at a Final Approval Hearing. 4. Why is there a proposed Settlement? The Court has not decided in favor of the Plaintiffs or the Defendants, and the Defendants have not admitted any wrongdoing or legal liability. Instead, the Parties agreed to a settlement. By agreeing to settle, both sides avoid the risk and expense of further litigation, and Class Members who follow the procedures outlined in this Notice Packet and qualify under the terms of the proposed Settlement may receive the benefits described in this Notice. The Class Representatives and the attorneys for the proposed Class, called Class Counsel, believe the Settlement is in the best interest of the Class Members. 5. How do I know if I am included in the proposed Settlement? WHO IS PART OF THE PROPOSED SETTLEMENT? For purposes of the proposed Settlement, the Class consists of all record title owners of partially improved lots located within the Citrus Springs MSBU, as defined in Citrus County Code Sec (b), who have been identified on the assessment roll as such by the Citrus County Tax Assessor, from May 11, 2000 to April 16, 2013, and have paid the assessment. The Class Period means the time period beginning on May 11, 2000, and ending on April 16, 2013, the date of Class Certification. You received this Notice because you have been identified on the assessment roll by the Citrus County Tax Assessor as being a record title owner of an applicable partially improved lot during the Class Period. You will need to complete the included Claim Form to be eligible for Settlement benefits under the proposed Settlement. 6. How do I know if I paid the assessment? If this Notice Packet is addressed to you, you have been identified by the Citrus County Tax Assessor as being on the assessment roll as a title owner of a partially improved lot within the MSBU. 7. What does the proposed Settlement provide? THE SETTLEMENT BENEFITS If the proposed Settlement is approved and becomes Final, the Defendants will pay the sum of $1,200, in three (3) equal annual installments of $400, (the Annual Installment Payments ) for (i) Valid Claims submitted by Eligible Claimants, less deductions allowed by the Court; (ii) attorney s fees, costs and expenses; and (iii) settlement administration expenses and litigation expenses incurred by Class Counsel, including expenses previously incurred to provide notice to the Class, as approved by the Court. Class Members who submit Valid Claims will receive two (2) annual Settlement Payments for his or her Net Claim Amount. The two annual Settlement Payments will be made following the second and third annual installment payments (further information regarding the scheduling of the annual installment payments and the annual Settlement Payments is included in Section 9 below). On the included Claim Form, Class Members must verify under penalties of perjury certain facts to establish that he or she is eligible for a Settlement Payment. Only one Claim Form will be accepted for each eligible parcel in any given year in the Class Period. Even if a parcel is owned by more than one Class Member, only one Claim per parcel may be submitted for parcels with multiple concurrent co-owners in any given year within the Class Period. 8. How will my Settlement Payment be determined and sent? If the proposed Settlement becomes effective, Eligible Claimants who submit a Valid Claim will be refunded a portion of the total number of annual assessment payments per parcel paid by the Class Member during the Class Period, and will be mailed two (2) annual checks totaling this amount by the Settlement Administrator. Settlement Payments will be determined by your Gross Claim Amount, which is calculated by the number of applicable parcels owned and the number total years assessments were paid on those parcels during the Class Period. For each applicable parcel in a Valid Claim, Gross Claim Amounts will range from $12.00 for Class Members paying the assessment one year, to $ for Class Members paying the assessment on the parcel every year during the Class Period. The calculation of Settlement Payments shall be made as follows: 1. Net Settlement Amount: The amount available to pay Claims to Class Members after deductions authorized by the Court (such as litigation and settlement administration expenses); 2. Pro Rata Share: If the aggregate dollar amount total of all Valid Claims (the Aggregate Gross Claim Amount ) exceeds the Net Settlement Amount each Eligible Claimant s Valid Claim will be determined using the following formula: Total Eligible Claimant Settlement Payment for each Valid Claim = (Gross Claim Amount of each Valid Claim Aggregate Gross Claim Amount of all Valid Claims) x (Net Settlement Amount) 9. When will I receive my Settlement Payment? Class Members who are eligible will receive two (2) annual Settlement Payment checks, with the first Settlement Payment to be issued after the Second Annual Installment Payment. The schedule for the Annual Installment Payments is as follows: the First Annual Installment Payment will be made within thirty (30) days of the Court granting final approval to the proposed Settlement and the Settlement becoming effective. If there are any appeals to the Settlement, they must be resolved prior to the Court granting final approval to the Settlement (see The Final Approval Hearing section, QUESTIONS? CALL OR VISIT PAGE 3 OF 6

4 below). If there are appeals, resolving them can take time. The Second Annual Installment Payment will be made within thirty (30) days to the year of the First Annual Installment Payment. The Third Annual Installment Payment will be made within thirty (30) days to the year following the Second Annual Installment Payment. The First Settlement Payment will be made within thirty (30) days of the Second Annual Installment Payment. The Second Settlement Payment will be made within thirty (30) days of the Third Annual Installment Payment. 10. How do I file a Claim? To submit a Claim, you must do the following: YOUR RIGHTS AND OPTIONS 1. Read this Notice carefully. 2. Review the Claim Form accompanying this Notice. 3. Read the instructions carefully, fill out the form completely, sign it under penalty of perjury, and submit the form to the Settlement Administrator. The Settlement Claim Form must be received by the Settlement Administrator no later than May 20, You must submit your completed Claim Form to the Settlement Administrator at: MONROY v. CITRUS COUNTY SETTLEMENT ADMINISTRATOR c/o A.B. DATA, LTD. PO BOX MILWAUKEE, WI If you do not submit a Valid Claim that is received by May 20, 2016, you will not receive any payments from the Settlement. Any and all information submitted is subject to verification by the Settlement Administrator, the Parties and the Court. 11. What happens if I do nothing at all? By doing nothing, you will stay in the Class. However, if you do not timely submit an eligible and properly completed Claim Form, you will receive no payments from the proposed Settlement. In addition, if you do nothing, you will be legally bound by all of the decisions that the Court makes, and you will be deemed to have released the Defendants (see Appendix A) and given up your right to sue the Defendants in a separate lawsuit regarding any and all claims covered by the Settlement Agreement. Copies of the Settlement Agreement, Order of Preliminary Approval and operative pleadings are available for you to review any time at RELEASE OF YOUR RIGHTS 12. What am I giving up to stay in the Settlement Class? If the proposed Settlement is approved, you will give up your right to sue the Defendants for the claims being resolved by this proposed Settlement. The specific claims you are giving up against the Defendants are described in the Mutual Release attached as Appendix A to this Notice. If you do not exclude yourself from the Settlement Class according to the steps in this Notice, you will be bound by the terms of the Settlement, including the dismissal with prejudice, as well as the Mutual Release set forth as Appendix A to this Notice, whether or not you submit a Claim Form. You should read the Mutual Release carefully as it will affect your rights if you remain in the Settlement Class. EXCLUDING YOURSELF FROM THE PROPOSED SETTLEMENT 13. What do I do if I don t want to be in the proposed Settlement? If you do not want to be in the Class and you want to keep the right to sue the Defendant about the same claims on your own, you must take steps to get out of the Class. This is called excluding yourself, or Opting Out. If you do pursue your own lawsuit after you exclude yourself, you will have to hire your own lawyer for that case at your own expense, and you will have to prove your claims without the benefit of the work performed by the lawyers in this Action. If you validly exclude yourself from the Class, you will not be able to file a Claim for money or benefits, will not be able to object to the proposed Settlement, and you will not participate in the proposed Settlement. 14. How do I exclude myself from the proposed Settlement? To exclude yourself, or Opt Out, you must prepare a written document, such as a letter, reflecting your desire to Opt Out of the proposed Settlement, and including your full name, current address, and name of the Lawsuit (Monroy v. Citrus County, Case No CA-1840). You must sign your written Opt Out Request and you should include the statement Please exclude me from the proposed class. Your written Opt Out document must be submitted so that it is received on or before May 20, 2016, to: MONROY v. CITRUS COUNTY EXCLUSIONS c/o A.B. DATA, LTD. PO BOX MILWAUKEE, WI Any Class Member who does not properly exclude himself or herself will be bound by the terms of the proposed Settlement. In situations involving parcels with multiple concurrent owners, if one owner elects to Opt Out, all corresponding owners shall be deemed to have Opted Out. QUESTIONS? CALL OR VISIT PAGE 4 OF 6

5 OBJECTING TO THE SETTLEMENT 15. How do I tell the Court that I don t like the proposed Settlement? You can object or comment on all or part of the proposed Settlement if you do not exclude yourself from the Class. To object, you must prepare a written document, such as a letter, including your full name, current address and name of the Lawsuit (Monroy v. Citrus County, Case No CA-1840), along with your objections and reasons therefore. You must sign your objection, and it must be received on or before May 20, Your objection must contain a statement including all your objections and the reasons you object, and must contain any and all supporting papers (including all briefs, written evidence, and declarations). If you submit a valid objection you may choose to appear at the Final Approval Hearing and present your objection to the Court orally. If you wish to appear at the Final Approval Hearing, your written objection must include a statement of your intent to appear at the Final Approval Hearing, and must identify all attorneys, if any, who will appear at the Final Approval Hearing to represent you. You will only be permitted to present your objections orally at the Final Approval Hearing if you specify in your written objection that you intend to do so. Your written objection must be signed, completed and mailed via First-Class Mail, and it must be received on or before May 20, 2016, to: MONROY v. CITRUS COUNTY OBJECTIONS c/o A.B. DATA, LTD. PO BOX MILWAUKEE, WI If you do not comply with these procedures, including the deadline for submitting a written objection, you will lose any opportunity to have your objection considered by the Court at the Final Approval Hearing or to otherwise contest the approval of the proposed Settlement or to appeal from any orders or judgments entered by the Court in connection with the proposed Settlement. 16. What is the difference between objecting and excluding? An objection to the proposed Settlement is made when you wish to remain a Class Member and participate in the proposed Settlement, but disagree with some aspect of the proposed Settlement. An objection allows your views to be heard in Court. In contrast, to exclude yourself or Opt-out means that you no longer are a Class Member and do not want to be subject to the proposed Settlement s terms and conditions. Once excluded, you lose any right to object to the proposed Settlement or to the attorneys fees payable to Class Counsel because the case no longer affects you. THE LAWYERS REPRESENTING YOU 17. Do I have a lawyer representing my interests in this case? Yes. The Court has appointed a number of lawyers to represent you and other Class Members as Class Counsel. They include: Christopher Casper JAMES HOYER, P.A. One Urban Centre, Suite West Kennedy Blvd. Tampa, FL Mike Peacock PEACOCK LAW FIRM, P.A B, Florida Avenue Tampa, FL Glenn D. Storch STORCH & HARRIS, LLC 420 South Nova Road Daytona Beach, FL You will not be charged for these lawyers services. If you want to be represented by your own lawyer, you may hire one at your own expense. 18. Should I get my own lawyer? You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, if you wish, you may also choose to hire your own lawyer at your own expense. 19. How will the lawyers be compensated? The Court will be asked by Class Counsel to award attorneys fees and reimbursement of expenses. Class Counsel will file a Motion for Award of Attorneys Fees for an amount that will not exceed $400,000. The fee requested by Class Counsel would compensate Class Counsel for their efforts in achieving the proposed Settlement for the benefit of the Class and for their risk in undertaking this Lawsuit. The fees, expenses, and awards approved by the Court will be paid from the Settlement Fund. The Court will decide the amount to award. THE FINAL APPROVAL HEARING 20. When and where will the Court decide whether to approve the proposed Settlement? The Court will hold a Final Approval Hearing in the Citrus County Courthouse, 110 N. Apopka Ave., Inverness, FL 34450, on June 13, 2016 at 9 a.m. to determine whether the Settlement Agreement should be finally approved as fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court will also be asked to approve Class Counsel s request for reasonable attorneys fees and reimbursement of expenses. After the hearing, the Court will decide whether to finally approve the Settlement, finally certify the Class, and enter a Final Order directing the Settlement to be implemented. We do not know how long these decisions will take. QUESTIONS? CALL OR VISIT PAGE 5 OF 6

6 The Final Approval Hearing may be continued without further notice to the Class or Class Members. It is not necessary for Class Members to appear at the Final Approval Hearing. Class Counsel will represent all Class Members at the Final Approval Hearing except for those who choose to enter an appearance through counsel of their choice at their own expense. 21. Do I have to come to the hearing? No. Class Counsel will answer any questions the Court may have. You may attend the hearing at your own expense. If you send an objection and a notice of your intent to appear at the Final Approval Hearing, you may come in person to the Court for the Final Approval Hearing or retain your own attorney to appear for you. If you have submitted an objection, you do not need to attend the Final Approval Hearing. The Court will consider your objection if it was timely submitted, regardless of whether you attend the hearing in person. 22. May I speak at the hearing? You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must follow the instructions on objecting to the proposed Settlement in Paragraph 15, above. 23. Are more details available? GETTING MORE INFORMATION Further information regarding the Settlement and various court documents, including a copy of the Settlement Agreement, are available at the website Additionally, you may contact the Settlement Administrator at DO NOT CONTACT THE COURT OR CLERK OF COURT FOR ADDITIONAL INFORMATION REGARDING THE SETTELMENT Dated: March 21, 2016 By Order of the Court Circuit Court for the Fifth Judicial Circuit, In and for Citrus County, Florida Civil Division APPENDIX A MUTUAL RELEASE Upon final approval of this Settlement Agreement, Plaintiffs, individually and as the Class Representatives, all Class Members, and all persons purporting to act on their behalf or purporting to assert a claim under or through them or any of them, including their dependents, heirs and assigns, beneficiaries, devisees, legatees, executors, administrators, trustees, conservators, guardians, personal representatives, and successors-in-interest, whether individual, class, representative, legal, equitable, direct or indirect, or any other type or in any other capacity (collectively, the Releasing Parties ) hereby forever completely and irrevocably release and discharge Defendants, and each of their respective past, present, and future parents, affiliates, subsidiaries, divisions, predecessors, successors, and assigns, and each of their respective officers, commissioners, employees, agents, attorneys, auditors, accountants, experts, contractors, representatives, insurers, reinsurers, and other persons acting on its behalf (collectively, the Released Parties ), from any and all causes of action, claims, rights, damages, punitive or statutory damages, penalties, liabilities, expenses, defenses, offsets, setoffs, rights of recoupment and losses and issues of any kind or nature whatsoever, whether asserted or unasserted, known or unknown, suspected or unsuspected, contingent or noncontingent, that any of the Releasing Parties have, may have had, or may have in the future against any of the Released Parties under any source of law (federal law or the law of any state or locality, common law, or statutory law) in connection with or that arise out of or relate in any manner whatsoever, in whole or in part, to the lawsuit, the subject matter of the lawsuit, the claims alleged, asserted, or otherwise referred to in the lawsuit, any acts, transactions or occurrences alleged, asserted or otherwise referred to in the lawsuit or this Settlement Agreement, and specifically from any and all claims alleged, asserted, or otherwise referred to in the lawsuit that relate in any manner whatsoever to the MSBU, the administration of the MSBU, the terms of this Settlement Agreement, or any communications, representations, statements or omission to Class Members with respect to any of the foregoing (the Released Claims ). QUESTIONS? CALL OR VISIT PAGE 6 OF 6