08/17/2022 VAB - Laserfiche WebLink

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HEARING TIME: 9:30 am Cst. 1/7/2022. PETITION 2021-00049 PROPERTY ADDRESS: 825 BAYSHORE DRIVE #804, PENSACOLA, FLORIDA FLORIDA STATUTE: 193.155 Save Our Homes; Florida Constitution Article 7, Section 4; Florida Revenue Rule 12D-8.0065 PETITIONER: Albert Oram ATTORNEY SPECIAL MAGISTRATE: Joseph Haynes Davis, Esq. ESCAMBIA COUNTY VAB BOARD COUNSEL WAS PRESENT: Suzanne Whibbs, Esq. ESCAMBIA COUNTY PROPERTY APPRAISER: Loren Levy, Esq.; William Hynacki; All parties were sworn. All county property values were read into the record by the property appraiser's office. Property Appraiser's evidence packet #1 was admitted without objection. FINDINGS OF FACT: THE PROPERTY APPRAISER PRESENTED The Escambia County Property Appraiser presented by and through the testimony of Escambia County Property Appraiser Counsel Loren Levy, Esq. Testified that the instant matter is one of the portability of the homestead differential cap, the "save our homes" cap differential. Testified that the relevant statute for the matter is Florida Statute 193.155 and that the relevant Florida Constitution section is Article 7, Section 4. Testified thatlthe portability of the homestead differential cap, the "save our homes" cap differential allows for the taxpayers to "port" or take with them the homestead exemption assessment differential to their new residence once the taxpayer has sold the old residence or has abandoned the old residence. Testified and argued that the matter at issue today is one of abandonment of the prior residence. Testified that the issue like the instant one, is one when a taxpayer takes with the taxpayer the benefit that a taxpayer has on the old homestead, must go away from that old homestead and is usually a straight forward matter when there is one person leaving the old homestead and therefore abandoning the benefits of living in the old homestead. However, this issue is somewhat more complex when you have two (2) people living in the former homestead residence and when the two residents of the former homestead are splitting up. In that instance, one person could be leaving and the other person could note be leaving whether the two are a married couple or whether the two people are tenants in common. Article 7, Section 4 (8) (a) of the Florida Constitution allows that you may port within three years and is the Portability provision. Section 1: If the value of your new homestead is more than the value of your old homestead, you can take all of your assessment differential. Testified that the key is abandonment. If your homestead is less than the value of your old homestead, then there is a downsizing. Section (B) is applicable to property owned by more than one person. That is what we have' in the instant matter. In this matter the couple went through a divorce. -25-