08/16/2023 VAB - Laserfiche WebLink

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