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08/08/2024
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08/08/2024
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Last modified
8/8/2024 10:13:53 AM
Creation date
8/2/2024 9:44:05 AM
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Meetings
Meeting Type
Value Adjustment Board
Document Type
Agenda Packet
Meeting Date
08/08/2024
Meeting Body
Solid Waste Disposal Board
Subject
2024 Value Adjustment Board Organizational Meeting
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Findings of Fact: Page 2 of 2 <br />The Petitioner was present. The Property Appraiser's Office was represented by Margo Maxwell. All witnesses took <br />an oath prior to presenting testimony and there were no issues raised in regards to the submission or presentation of <br />any evidence. <br />The timely filed homestead exemption application was reviewed and denied by the Property Appraiser's Office due to <br />the limited fact that as of January 1, 2017 Petitioner did not have a Florida driver's license. <br />Petitioner testified that he has owned the subject property since 2012, moved into the condominium in September 2014 <br />due to the impending divorce, was granted as part of his Pennsylvania divorce proceedings exclusive use and <br />possession of the condominium in 2015, and in 2016 the court removed his now former wife's name from the property <br />as evidenced by a deed executed in December 2016. Petitioner did have two of his three cars registered in Florida <br />during this time, and one in Pennsylvania. Petitioner explained that he retained his Pennsylvania driver's license during <br />this time as it did not expire until 2018. Various bills, including utility bills, evidence Petitioner's residency in the <br />condominium prior to January 1, 2017. In fact, the Property Appraiser's Office admits that the denial of his application <br />is solely due to the fact that he did not obtain a Florida driver's license until after January 1, 2017. <br />Conclusions of Law: <br />When a taxpayer seeks a preferential tax treatment such as relief from an ad valorem tax, the statute under which he <br />claims the benefit must be strictly construed against the taxpayer. DeQuervain v. Desguin, 927 So. 2d 232, 236 (Fla. <br />2d DCA 2006). Furthermore, the person claiming the exemption or beneficial classification has the burden of proving <br />by testimony or evidence that he qualifies for such preferential treatment. Schooley v. Judd, 149 So. 2d 587, 590 (Fla. <br />2d DCA 1963). The burden of proof in an exemption or classification hearing falls upon the Petition to prove <br />eligibility by at least a preponderance of the evidence. <br />In this case, Petitioner was able to put forth evidence of other statutory indicia of residency as of January 1, 2017. <br />Under Section 196.015, Petitioner is not per se barred from obtaining a current year's exemption due to the fact that he <br />did not have a Florida driver's license. Petitioner carried his burden of proof and is entitled to the 2017 homestead <br />exemption. Accordingly, the petition is granted. <br />-18- <br />
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