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02/18/2015 (2)
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02/18/2015 (2)
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8/20/2015 12:30:05 PM
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8/20/2015 12:30:04 PM
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Meetings
Meeting Type
Value Adjustment Board
Document Type
Minutes
Meeting Date
02/18/2015
Meeting Body
Value Adjustment Board
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Attorney Barkett referred to a case, 2011 Florida Division Administrative Hearing LEXIS <br /> 163, where the Florida Administrative Law Judge left it up to each VAB to conclude whether the <br /> DOR Property Tax Informational Bulletin was an accurate reflection of the law. <br /> Attorney Barkett wanted VAB Attorney Michelle Napier to provide an opinion whether <br /> the Magistrate applied the rule of law correctly. He pointed out this matter would continue year <br /> after year, until the VAB decided through its own legal counsel whether the DOR properly <br /> interpreted the application of the eighth criterion. <br /> Further discussion ensued as the Vice Chairman offered comments and sought further <br /> information from Attorney Napier. <br /> Attorney Guettler insisted on a decision today since his client had been waiting diligently <br /> since September 2014 to resolve this issue. He had no prior knowledge that his client's petitions <br /> were an issue until today. <br /> Stephen Boyle representing Petitions 2014-036 and 2014-039 felt blind-sided and said <br /> there was no notice given that there was an issue or given an opportunity to prepare. <br /> Both Attorney Guettler and Mr. Boyle agreed that the Board should approve the Special <br /> Magistrate recommendations and let the Property Appraiser decide whether to take it to Court. <br /> Attorney Napier referred to the Florida Administrative Code, Chapter 12D-9.031, and <br /> said the Board had the authority to act upon the recommendations of the Special Magistrate <br /> without further hearing. She advised the Board that they had the discretion to hold a hearing if <br /> they choose, but would need to send notice of the hearing. <br /> ON MOTION by School Board Member Searcy, SECONDED <br /> by Vice Chairman Davis, by a 4-0 vote, Chairman Zorc was <br /> absent; the Board accepted the Special Magistrates' <br /> recommended decisions. <br /> L <br /> 2015 VAB Final Meeting for 2014 Tax Year Page 3 <br /> February 18, 2015 <br />
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