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I <br />I <br />1: <br />Findings of Fact: <br />The Petitioner, Deborah Bielak, daughter of the deceased, appeared by phone, was sworn and testified. The Propetty <br />Appraiser was represented by Margo Maxwell who was sworn and testified. The exemption was denied because the <br />surviving spouse (Bonnie Jeanne Wax) of:the:deceased Petitionehr:David Ferebee, has a homestead exemption in <br />St.Cloud, Osceola County, Florida. Section 196.03:1, Florida: Statutesprovides that a person who is receiving or <br />claiming the benefit of an exemption other than in in the county where: the exemption is being claimed where <br />permanent residency is required is not entitled to an exemption provided_by'this section. Further, Article VII, Section 6 <br />regarding Homestead Exemptions,provides that not more than :one exemption shall be allowed any individual or: f�mily <br />unit or with respect to any residential unit. <br />The Petitioner offered no .evidence that the surviving spouse had canceled her exemption in. Osceola County and <br />fact, Ms. Maxwell stated that Ms.: Hielak had mentioned that the surviving spouse(Ms. Wax)was not willing to gi e. up <br />her homestead exemption in Osceola County. <br />Conclusions of Law: <br />In that, the surviving spouse of David Warren Ferebee enjoys the: benefit: of a hontestead exemption in Osceola C�unty <br />and at the time of death of Mr..Ferebee was entitled to an interest in the subject property, the Petition for the I <br />Homestead Exemption in Indian River County:must be denied as there: cannot be two exemptions.' by: the same: fawily: <br />unit. �. <br />i <br />I: <br />i <br />