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• <br />Discussion ensued whereby the Board sought advice from the VAB Attorney Hancock. <br />Attorney Hancock pointed out that the petition form used was the incorrect form, that he should <br />have used the Portability form DR -501T. <br />He defined the Portability Law, and clarified that the VAB operates under the <br />Department of Revenue Rules, and under those rules there is no appellate right or modification <br />right as suggested by Mr. Berg through the Florida Administrative Code. Secondly, he read the <br />statutory section quoted by the petitioner regarding correcting errors, submitting that a <br />procedural error, filing the wrong petition, suggesting that he was the current owner of the <br />property when he was not; all those things are not a characteristic of the property that a mistake <br />has been made by the VAB. He felt the proper statutory remedy for the Board was to affirm, or <br />agree with the recommendation of the Special Magistrate and let the Petitioner file an action with <br />the Circuit Court if he so desires. <br />School Board Member MacKay pointed out that the VAB's job was to follow the law in <br />• regards to being tax fair, for everyone. <br />MOTION WAS MADE by School Board Member Debbie <br />Mackay, SECONDED by Citizen Member Weise, to deny <br />the Petitioner's request for a hearing and accept the <br />recommendation of the Special Magistrate. <br />Discussion ensued. <br />The Chairman CALLED THE QUESTION and the <br />Motion CARRIED, by a 4-1 vote, Vice Chairman Davis <br />opposed. <br />6 <br />Value Adjustment Board Final Meeting <br />March 22, 2010 <br />