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Queried Jason Belcher, Board Member of Harvest House. Testified that Harvest House was founded by <br />St. Andrews Episcopal Church which provides food for seasonal workers and was separated as a <br />separate entity and is "meant to serve as an outreach to the community." Testified that the lease with <br />Petitioner was noticed between the two parties each time for renewal. <br />For the Petitioner George Mead, Esq. testified that the use of the parcels at issue have been consistent <br />with the import of Florida Statute 196.012 (4) and in particular has been consistent with the "exercise of <br />any right" in that the use has been one of providing food a shelter to those in need. Testified in <br />particular to the language in the Harvest House lease at page 21 of 70 in packet #1 and also page 29 of <br />89 in packet #2 and 19 of 79 in packet #3. Testified that is the only use, that is, one of providing food a <br />shelter to those in need. Testified that the use is a singular use that all churches hold in common which <br />are the teachings of Jesus Christ and giving to the poor, Testified that the church is "unified as a whole" <br />and that these issues before the instant matter are "dangerously close to constitutional issues" of the <br />First Amendment. Testified that the instant matter is analogous to the United States of America and the <br />several states of the Union that we live. Testified that "one cannot deny the unity of the church and <br />that the Church of Jesus Christ is a singular entity" and that one cannot "treat it in separate for the <br />convenience of the state" nor can the state "intrude into church matters." Testified to the import of the <br />Ocean Highway case and how it does not apply to the instant matter nor does the Genesis case apply to <br />the instant matter. Testified that in those cases submitted by the Property Appraiser's Office are not <br />like the instant matters because the owner's exercise of the power of use through rent to establish <br />whether or not the owner using the property is exercising that power of the lease which is what is here <br />in these cases in the instant matter and not in the Genesis case nor the Ocean Highway case. Testified <br />that the instant matters are not like Genesis or Ocean Highway cases. <br />The Petitioner's evidence is relevant, credible and admissible. <br />CONCLUSIONS OF LAW <br />The undersigned Special Magistrate finds that the following below is controlling and or persuasive in the <br />recommendation: <br />FLORIDA STATUTE: 196.192; 196.196; 196.012 <br />CASELAW: Genesis Ministries, Inc. v. Brown 250 So.3d 865 (Fla. App. 1 Dist. 2018); Ocean Highway & <br />Port Authority v. Page, 609 So. 2d 84 - Fla: Dist. Court of Appeals, 1st Dist, 1992. <br />As to PETITIONS; #1, #2, and #3 said petitions are recommended to be DENIED. <br />in each of these related petitions, the Petitioner has not demonstrated by a preponderance of the <br />evidence that the properties at issue in the instant matter are entitled to the exemption that the <br />Petitioner is seeking and has not demonstrated by a preponderance of the evidence that the parcels at <br />issue survive the statutory tests of the following Florida Statutes: 196.192; 196.196; 196.012. <br />Additionally, a preponderance of the evidence shows that the Petitioner has not shown that the <br />Petitioner has not overcome the very persuasive language from the Genesis Ministries, Inc, v. Brown <br />-32- <br />