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Home My WebLink About08/17/2022 VABJEFFREY R. SMITH, CPA, CGFO, CGMA 4 Clerk of Circuit Court & Comptroller Clerk to the Board and Value Adjustment Board 180127" Street �Zox�A Vero Beach, FL 32960 Telephone: (772) 226-1432 Fax: (772) 978-1857 E-mail: Axia@clerk.indian-river.org Web address: http://Clerk.indian-river.org AGENDA VALUE ADJUSTMENT BOARD (VAB) ORGANIZATIONAL MEETING COUNTY ADMINISTRATION BUILDING "A" A2-511 WEDNESDAY, AUGUST 17, 2022 @ 11:30 A.M. BOARD MEMBERS Joseph E. Flescher Chairman Joseph H. Earman, Vice Chairman Jacqueline Rosario, School Board Member Dr. Peggy Jones, Alternate School Board Member Todd Heckman, Business Citizen Member Rick Wykoff, Homesteaded Citizen Member 1. CALL TO ORDER 2. INVOCATION — Vice Chairman Joseph H. Earman 3. PLEDGE OF ALLEGIANCE — Chairman Joseph E. Flescher 4. ELECT CHAIRMAN AND VICE CHAIRMAN, PURSUANT TO F.S. 194.015 The Chairman Shall Be A Board Of County Commission Member 5. INTRODUCTIONS & CONTACT INFORMATION A. Introduction of Board Members/Board Clerk B. Board Members list and designated Board Clerk's contact information...................1 2022 VAB Organizational Agenda Page 1 August 17, 2022 6. APPROVE VALUE ADJUSTMENT BOARD MINUTES A. VAB Final Meeting Minutes of April 20, 2022...........................................................2-4 7. APPROVE RESOLUTION SETTING THE FILING FEE TO BE NO MORE THAN $15 PER PARCEL FOR THE 2021 PETITION FILING PERIOD, PURSUANT TO F.S. 194.013. A. VAB Resolution 2022-1.................................................................................................5-6 8. APPOINT ONE ATTORNEY APPLICANT TO SERVE AS SPECIAL MAGISTRATE FOR EXEMPTION/CLASSIFICATION/TAX DEFERRAL HEARINGS AND ONE ATTORNEY APPLICANT AS AN ALTERNATE, PURSUANT TO F.S. 194.035 A. Claudette Pelletier, Esq . ............................................................................................ 7-12 B. James Haynes Davis.................................................................................................13-37 9. SET THE RATE OF PAY FOR ATTORNEY SPECIAL MAGISTRATES Rate of pay for Attorney Special Magistrates is $125.00 per hour. 10. DISCUSSION AND APPOINTMENT OF APPRAISER APPLICANTS TO SERVE AS SPECIAL MAGISTRATES FOR REAL PROPERTY VALUATION, PURSUANT TO F.S. 194.035. A. Stephen Neill, MAI....................................................................................................38-47 B. Terrie Peltier..............................................................................................................48-56 C. Stephen Boyle............................................................................................................57-78 11. SET THE RATE OF PAY FOR APPRAISER SPECIAL MAGISTRATES Rate of pay for Appraiser Special Magistrates is $125.00 per hour. 12. APPOINT ONE APPRAISER APPLICANT TO SERVE AS SPECIAL MAGISTRATE FOR TANGIBLE PERSONAL PROPERTY HEARING AND ONE APPRAISER APPLICANT AS AN ALTERNATE, PURSUANT TO F.S. 194.35, AND SET HOURLY RATE OF PAY, MILEAGE AND MAXIMUM RATE PER DAY FOR OVERNIGHT LODGING REIMBURSEMENT IN ACCORDANCE WITH F.S. 112.06. A. Pamela Andrea..........................................................................................................79-96 B. Alex Ruden...............................................................................................................97-113 2022 VAB Organizational Agenda Page 2 August 17, 2022 13. DESIGNATE THE VAB ATTORNEY TO MAKE DETERMINATION FOR LATE FILE GOOD CAUSE REVIEWS AND LATE FILE RESCHEDULE GOOD CAUSE REQUESTS ON BEHALF OF THE FULL BOARD, PURSUANT TO DOR RULE 12D- 9.015 (11)(D), 12D-9.019(5), and 12D-9.021(6), and (7). 14. DESIGNATE THE VAB ATTORNEY TO REVIEW ALL SPECIAL MAGISTRATES' RECOMMENDATIONS FOR LEGAL SUFFICIENCY. 15. DESIGNATE THE VAB ATTORNEY TO PROVIDE SPECIAL MAGISTRATE ORIENTATION ON HEARING GUIDELINES, EVIDENCE EXCHANGE, A REVIEW OF THE FLORIDA ADMINISTRATIVE CODE AND CURRENT PRACTICES AND PROCEDURES. 16. APPROVE THE VAB CHAIRMAN TO REVIEW AND AUTHORIZE PAYMENT OF 2022-2023 VAB INVOICES ON BEHALF OF THE FULL BOARD. 17. OTHER BUSINESS 18. PUBLIC INPUT 19. ADJOURNMENT Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of the meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 24 hours in advance of the meeting. 2022 VAB Organizational Agenda Page 3 August 17, 2022 INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (VAB) MEMBERS Commissioner Joseph E. Flescher — District 2 (Chairman) Commissioner Joseph H. Earman — District 3 (Vice Chairman) Citizen Business Member — Todd Heckman School Board Member — Jacqueline Rosario, District 2 School Board Member (Alternate) - Dr. Peggy Jones, District 3 Citizen Homesteaded Property Owner Member — Rick Wykoff VAB Attorney — Michelle Napier, Esq. VAB Clerk — Terri Collins -Lister ONLINE SERVICES ONLINE PETITION FILING: https://VAB.indian-river.or� EMAIL: AXIAgclerk.indian-river.org VAB FORMS, RULES, & ADDITIONAL INFORMATION: http://dor.myflorida.com/dor/property/vab FLORIDA STATUTES CHAPTER 194.011: http://www.leg.state.fl.us/Statutes/ CONTACT INFORMATION Terri Collins -Lister, Supervisor Clerk to the Board and VAB County Administration Building "A" 180127' Street Vero Beach, FL 32960 (772) 226-1432 Fax: (772) 978-1857 Email: tlister@clerk.indian-river.org Revised August 9, 2022 -1- JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Clerk to the Board and Value Adjustment Board 'c 180127t1 Street * �` Vero Beach, FL 32960 �A Telephone: (772) 226-1916 Fax: (772) 978-1857 E-mail: Axia@clerk.indian-river.org Web address: http://Clerk.indian-river.orc VALUE ADJUSTMENT BOARD (VAB) FINAL MEETING MINUTES The Value Adjustment Board (VAB) of Indian River County, Florida, met on Wednesday, April 20, 2022 at 11:30 a.m., in the County Administration Building, 1801 271h Street, Building "A", Room A2-511, Vero Beach, Florida. Present were Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman, School Board Member Jacqueline Rosario, and Citizen Member Rick Wykoff. Also present were VAB Attorney Michelle Napier; Chief Deputy of the Circuit Court Ryan Butler, and VAB Clerks Terri Collins -Lister, Randi Wardlow, and Shauna James. Present from the Property Appraiser's Office (PAO) were Kelly Tipton -Vogt and Jennifer Wingate; and present from the Tax Collector's Office was Jordan Abbey. 1. CALL TO ORDER Chairman Joseph E. Flescher called the meeting to order. 2. INVOCATION - Vice Chairman Joseph H. Earman Vice Chairman Joseph H. Earman delivered the Invocation. 3. PLEDGE OF ALLEGIANCE - Chairman Joseph E. Flescher Chairman Joseph E. Flescher led the Pledge of Allegiance to the Flag. 4. INTRODUCTIONS Introductions were made individually by all present. Value Adjustment Board Final Meeting Minutes- 2021 Tax Year Page 1 April 20, 2022 -2- 5. APPROVAL OF MINUTES A. VAB Organizational Meeting of July 21, 2021 .....................................................1-7 VAB Clerk Terri Collins -Lister referred to the motion on page 2, under Item 4 - Elect Chairman and Vice Chairman, of the VAB Organizational Meeting Minutes of July 21, 2021. She stated that in the motion, Commissioner Flescher and Citizen Member Heckman had abstained from the vote and Chief Deputy Butler had suggested revising the motion to read "The Chairman CALLED THE QUESTION. the Board, by a 3-0 vote, with Citizen Member Heckman and Chairman Flescher abstaining, re-elected Commissioner Flescher as Chairman of the Value Adjustment Board for the Tax Year 2021" ON MOTION by Vice Chairman Earman, SECONDED by Citizen Member Wykoff, the Board voted unanimously to approve the Value Adjustment Board Organizational Meeting Minutes of July 21, 2021 as amended. 6. 2021 VAB Recap..............................................................................................................8 VAB Clerk Terri Collins -Lister provided a recap of the 2021 VAB Tax Year and a comparison to the previous tax years. 7. APPROVE AND ADOPT THE SPECIAL MAGISTRATES' RECOMMENDATIONS AS THE VALUE ADJUSTMENT BOARD'S DECISION AND AUTHORIZE DISTRIBUTION OF FORM DR485V, PURSUANT TO SECTION 194.032, F.S. A. 2021 Special Magistrates' Recommendations.....................................................9-27 VAB Clerk Terri Collins -Lister presented the 2021 Special Magistrates' Recommendations. Attorney Napier stated she had reviewed each of the recommendations for legal sufficiency. ON MOTION by Vice Chairman Earman, SECONDED by School Board Member Rosario, the Board voted unanimously to adopt the Special Magistrate Recommendations for the 2021 Tax Year. 8. AUTHORIZE AND APPROVE THE CHAIRMAN TO EXECUTE THE FOLLOWING FORMS PURSUANT TO F.S. 193.12 A. Tax Impact Notice DR -529 for Tax Year 2021 ......................................................28 ON MOTION by Vice Chairman Earman, SECONDED by Citizen Member Wykoff, the Board unanimously approved and authorized the Chairman to execute the Tax Impact Notice Form DR -529 for Tax Year 2021 for publication. Value Adjustment Board Final Meeting Minutes- 2021 Tax Year Page 2 April 20, 2022 -3- B. Certification Form DR -488 Real Property.......................................................29-30 ON MOTION by Vice Chairman Earman, SECONDED by Citizen Member Wykoff, the Board unanimously approved and authorized the Chairman to execute the Certification Form DR -488 for Real Property. C. Certification Form DR -488 Tangible Personal Property................................31-32 ON MOTION by Citizen Member Wykoff, SECONDED by Vice Chairman Earman, the Board unanimously approved and authorized the Chairman to execute the Certification Form DR -488 for Tangible Personal Property. 9. PUBLIC COMMENT There was none. 10. OTHER BUSINESS VAB Clerk Terri Collins -Lister discussed the upcoming VAB calendar for the 2022 Tax Year. 11. ADJOURNMENT There being no further business, the meeting adjourned at 11:58 a.m. Value Adjustment Board Final Meeting Minutes- 2021 Tax Year Page 3 April 20, 2022 -4- Q INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD +2oglpA RESOLUTION 2022 —1 WHEREAS, Chapter 194, Florida Statutes, Section 194.013, allows the Value Adjustment Board, hereafter "VAB", to adopt a Resolution imposing a filing fee on each separate parcel of property covered by a petition. NOW, THEREFORE, BE IT RESOLVED BY THE 2022 INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD THAT: 1. There is hereby authorized, established, and imposed a filing fee upon each separate, parcel of property covered by petitions file pursuant to Section 194.011, Florida Statutes. 2. The filing fee shall be $15.00 for each separate, non-contiguous parcel of property, real or personal, covered by a petition filed pursuant to Section 194.011, Florida Statutes, and subject to appeal. An owner of contiguous, undeveloped parcels may file with the VAB, a single joint petition if the Property Appraiser determines such parcels are substantially similar in nature. A condominium association, cooperative association, or any homeowners' association as defined in Section 723.075, Florida Statutes, with approval of its board of administration or directors, may file with the VAB, a single joint petition on behalf of any association members who own parcels of property which the Property Appraiser determines are substantially similar with respect to location, proximity to amenities, number of rooms, living area and condition. For single joint petitions, a filing fee in the amount of $15.00 for the petition, plus a fee of $5.00 for each parcel included in the petition, will be imposed. 3. All filing fees shall be paid to the Clerk of the VAB at the time of filing. Any petition not accompanied by the required filing fee will be deemed incomplete. The Clerk shall notify the petitioner and give the petitioner an opportunity to complete the petition within 10 calendar days. If the petitioner does not satisfy the payment requirement at the time, the petition will be deemed incomplete and will not be scheduled for a hearing. 4. Upon the acceptance and filing of a petition by the VAB Clerk, the accompanying filing fee shall be non-refundable, except when an excessive filing fee has been collected due to an error by the VAB Clerk or through the electronic filing system. Overpayments in excess of Ten and No/100 ($10.00) due to miscalculation on the part of the petitioner or petitioner's agent shall be refunded. The VAB Clerk shall develop and utilize a standard procedure for issuing required refunds. 5. Any petition filed after the statutory deadline 194.011(3), Florida Statutes, may be review&d demonstrated a good cause justifying the latefu petitions are non-rendable. 1 for petition filing, as set forth in Section to determine whether the petitioner has filing. Fee payments filed with late -filed -5- INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD s X04' 6. No filing fee will be required by a taxpayer who demonstrates at the time of filing: a. they are receiving assistance under Chapter 414, Florida Statutes b. disapproval of a timely filed application for homestead exemption under Section 196.151, Florida Statutes c. disapproval of homestead tax deferral under Section 197.2425, Florida Statutes DONE AND RESOLVED by the Value Adjustment Board of Indian River County, Florida in regular session this 17th day of August, 2022. ATTEST: Jeffrey R. Smith, CPA, CGFO, CGMA Joseph E. Flescher, Chairman Clerk of Circuit Court and Comptroller Indian River Value Adjustment Board LN Deputy Clerk 2 Approved: August 22, 2022 -6- SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD. (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. & 194.035) Please type or print. If more space is needed, attach additional sheets. Applicants may supplement their application with a resume. However, a resume cannot be used in lieu of an application. Application for: Attorney Special Magistrate ❑ Appraiser Special Magistrate for... ❑ Real Property and/or ❑ Tangible Personal Property If appointed, how much tUP9 would you be available to conduct hearings and complete your recommendations? ❑ 1 to 8 houis per week; 9 to 20 hours per week; ❑ 21 to 30 hours per week; ❑ 31 to 40 hours per week. APPLICANT INFORMATION Name: C.-l-,,IZ20 €-t7�L/�-- Home Address: ef Mailing Address:; O Business Name: Business Address: Phone Fax: E -Ma 1 • Copy of license referenced below. • Documentation to support membership in professional organizations listed below under Organizations. • A writing sample, which may consist of an opinion letter or other business-related documentation that contains one or more written pages of original material. If you have served as a special magistrate previously, please submit a recommended decision as your sample. Do not submit a copy of an appraisal as a writing sample. • Prior to conducting hearings, all applicants are required under Fla. Stat. § 194.035 to certify completion of the current year training provided by the Department of Revenue. To obtain the training, go online to the Department's website at htti)://dor.Lnyflorida.com/doL/proi)erty/vab/training. Return your completion certificate to the VAB clerk. Attorney Magistrate Applicant: Bar Number:/ 6,6 Date of Admission: How many years of experience do you have in the area of ad valorem taxation: Appraiser Magistrate Applicant: Residential Appraiser License #: Valid Through: i General Appraiser License #: Valid Through: i Provide numlier of years of experience you have in the area of real property valuation: Describe experience, and number of years you have in the area of tangible property valuation: cif Page 1 v01/13/2015 —7— SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. & 194.035) QLALIFICATIONS/EXPERIENCE 2. List any experience and/or specialty for the following property types: PROPERTY TYPE EXPERIENCE/SPECIALTY Residential Real Property Commercial Real Property Tangible Property Other ( lease' ec' ) 3. If you currently or previously have served as a special magistrate, please provide the municipality or county and 4. Have you ever pien dismissed, terminated or denied appointment as a special magistrate for poor or improper performance? Xj No ❑ Yes (please explain) 5. List any additional information which makes you qualified to serve as a special magistrate. Also provide name and contact information of at least two individuals who can attest to your years of experience in ad valorem taxation, tangible personal property or real prouerty appraisals. . . , 6. Are you willing to accept the Value -Adjustment Board established schedule of fees?gYes No If no, please indicate your schedule of fees to be charged the board on a one-hour basis. 7. Explain your level of knowledge and experience with computers and list the applications you are familiar with, including Axia. 0 1. List each organization, recognized by the real estate appraisal industry or the professionals in that field, in which you are currently or have previously been a designated member: ORGANIZATION DESIGNATION- - DATE MEMBER # 2. Of those organizations describe any possible conflict of interest that could occur or the aonearance of a conflict of interest that may prevent you from fairly conducting a i Page 2 v01/13/2015 -8- SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. 6 194.035) 3. Have you ever been disbarred, suspen4eo or received any other disciplinary action from any organized association, or from the State of Florida? 9 No ❑ Yes (please explain) 4. List any personal or business relationship you have ever had with any officer or employee of the office of the property 'appraiser, office of the clerk of the circuit court, office of the county attorney or the value adjustment board of any of the counties to which you are applying: 5. List any clubs, organizations, associations, or other entities to which you belong or participate in and in which a possible conflict of interest could occur or the appearance of a conflict of interest might arise that would prevent you from fairly conducting the hearing between the property appraiser and the property owner and taxpayer. f Pursuant to Fla. Stat. § 194.035, a person cannot serve as a special magistrate if he/she is an elected or appointed official of a county, a taxing jurisdiction, or the state; is an employee of a county, a taxing jurisdiction, or the state; or in the same tax year that he/she services the Board as a special magistrate, represents a party before the Board in any administrative review of property taxes. Are you an elected or appointed official or employee of a county, a taxing jurisdiction, or the state? ❑ Yes kTNo If yes, please'provide details: The undersigned certifies, under penalty of disqualification from consideration, that each item contained in this application, or any other document furnished by or on behalf of the applicant is true and complete as of the date it bears. The undersigned authorizes the Value Adjustment Board to obtain information from other sources to verify each item contained herein. The undersigned acknowledges that, if selected, he/she will follow all requirements and mandates oflaw in fulfilling the duties of special magistrate. Signature of Applicant - Printed Name of Applicant Page 3 v01/13/2015 -9- Claudette A. Pelletier P.O Box 644041 Vero Beach. FL .� 32964 34 91i3— Phone: (772) 713-1088 Email: Pelletierlaw-Eaol.com i Education Northeastern University. B.A. —top 1/3 University of Baltimore. J.D. —top 10% Lam:Review Editorial Staff Hague Academe of International Law. Certificate Etnplovment Histon- 1 i ne united Mates 1 reasury Department Tax Law Specialist- Internal Revenue Service Rulings Section of the Exempt Organizations Branch. selected for Special Tax Force on Private Foundations (1969 Tax Reform Act): Reviewing legislation. writing regulations. issuing taxpayer rulings and technical advice to field personnel: Attorney. Office of the Chief Counsel. Bureau of Customs. Assistant County Attorney- West Palm Beach. Florida Counsel to Board of Tax Adjustment. Comptroller. Budget Bureau. Department of Purchasing. Consumer Affairs Department. Aviation Division. and Tax collector. Corporate Counsel — Walt Disney World Company Lobbvist- 1975 Florida Legislative Session: City Attorney for Citv of Lake Buena Vista and Cite of Ba_y Lake: Counsel to Reedy Creek Improvement District, eeu.^,ttes-, rood Protect= lo- month-LEhti Grant Counsel/Director- Central Florida Area Coordinating activities and case assignments of the Division: researching areas of real property law. S.E.0 law. and accounting principles: preparation and litigation of civil cases: supervision of investigative staff. development of Trial Manual for prosecutors encompassing the specialized civil law requirements of security cases: advising public investors. -10- Other Assistant General Counsel- Broward County. Florida Responsibility for general litigation. as well as land and airspace acquisition. property dedications and vacations. leases, propem condemnation trials. including all hearing and settlement negotiations: preparation of contracts for Broward County's General Obligation Bond Program: responsibility for issuance of documents, presentation to the Board. closings and bond validation proceedings: representation of Prope'rty' Appraisal Adjustment Board. Private Practice of Law Handling civil litigation in the ad valorem tax areas of the law from count° court. circuit. District Courts of Appeal. and the Supreme Court of Florida. Representation of private clients in the areas of. securities law. ba"pic}• and real estate. contract negotiations and review. Admitted to State Bar of Florida Admitted to U.S Court of Customs and Patent Appeals Admitted to Federal District Court. Southern District Admitted to the'11`h Circuit Court of Appeals Admitted to Federal District Court. Middle District Florida Academy of Trial Lawyers. Member Aviation Lam- Committee. Florida Bar Association Eminent Domain Committee. Florida Bar Association Hearing Examiner- Environmental Quality County Board of Broward Special Master ! Property Appraisal Adjustment Board of Broward CountySpecial Master — Volusia County Value Adjustment Board Hearing Officer- City of Orlando Zoning Code Enforcement Special Master- Brevard County Value Adjustment Board 1993 to Present Special Master- Orange County Value Adjustment Board 1995 Special Master- Indian River County Value Adjustment Board 2003 Special Magistrate - Value Adjustment Boards of Polk. Brevard and Miami -Dade. Member of Iridian River County Real Property Council Member C kl,aaw Forum of the Treasure Coast (appointed 199 5) Board of Directors/Secretan -Treasurer of the North County Charter School _.Exchange_Club_of the Treasure Coast. ._Board �of Directors/Vice President Vero Beach Museum of Art — Member and Benefactor. I i; - 11 - Member Since I I "1011972. Claudette A Pelletier 0152266 SPECIAL: AGISTRATE APPLICATION INDIAN RIVER COUNTY VALM AIDJUSTMENT.BOARD (APPLlCANTS,M L TIONS.0 1* 19 -1:::: - QSF.MEETQUA IrICA VVj41N6D.IN.IIA';l:Aj'. S 19. Please -type qf print. lfmore-spac6 isheeded, attach additional sheets. 4ppli . mits may suppkement their application With a: rawa?14 Afowever, a resume cannot be; used in lieu ofan applicaflon. Application for: 9 Attbr6ey Special MagistrateC] Appraiser SpW,i.t.l Magistrate for... Real Property and/orE] Tangible Personal Properly It appointed, hQ%y much time would tib gvailabJetQ;,pqAuc.t, hearings turd complete -your recommendations? Q:1 to'8;'hou6:p'r' 00,020Y.9. e -1 21'.(p.30 h6u .. :per week: Il to 4111 -ours per week. ..qweek; 4rs�per Wd�kj r r$ APPLICANT. ENFORMATION Name.. JOSEPH HAYNES DAVIS, ESQUIRE HomeAddr0,S: MMHADY GLEN, DRIVE ORLANDO, FLORIDA 3-8719 Mailing Addrbs%i2756 TAYLOR AVENUE #13207 ORLANDO, FLORIDA 12806 Business Naltie.: LAW OFFICES OF JOSEPH WAYIqtSbAVIS. PA Busmess.Add Irm: 2750,TAYLOR AVENUEN13207 ORLANDO. FLORIDA 31866 Phone-, home! Business/40.7 839 3725: Cell/407 616.6961 Fax: 407 839,47,08- E -Mail: Copy of - .license referenced below. • Documentatio*n. to support membership in pr6fessiqnal organizations listed below under Organizations, A Wtiting sampler, which may :consist of.a.n opjiiio.n letter or other business-related' documentation that coot m5, one of more written pages of original material.. 11' yoo have servml us a special magisirme _,us, jiwv please sub.ml( u'rec,nici1dod dwisioil us your sarnple. Do. not submit. opyofan appr, is'al offi as a Writing sairiple. • Not, to conducting:hearings, all applicants are required tinder Fla. Stat. § 194.035topertify completion of the current year training providled'4y the Department of Revenue. Tor obtain. the training.,g6olili ' lie to the Depalrkme.Ws website at http.-/,Idor.imflorida.coiii.icloi-/ roi)ert.vlvabi.iriiiiiii�-,,Iitin). Return your,completion certificate to the VAB clerk. At(grocY g Ma I.- Is itra te.8pplicant BarNiimber: W9058 Date of Admission: 01123/2001 . 'How-.ni-any y-elairsidexperieneb da -you liitve.intht4A-eaofad.valo.rem,ta.xation:. 21 !SINCE Appehit4py M�gigtrate Applicant: Residential Appraiser License fl: Valid Through-. General Appraiser License ti: Va''lid Throtiah! C. Provide number of years of experience you have in the area of real *property valuation - Describe experjeQqe, and nkimber of years you have in:the area of tangible property valuation! !�Ugc I• Y0II1312013 -13- i f� SPECIAL MAGISTRATE APPLICATION ,n INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD MUST MEE'I`QU'/1LII'IC/� I'ION5 Mll'I;INI I) IN QUALIFICATIONS/EXPERIENCE 1. Educational Background SEE ATTACHED RESUME: dllinois State University, B.S.; University.of Pennsylvania, MSW; Rutaefs Law School -Camden. Juris Doctor 2. List any experience and/or specialty for the following property types: PROPERTY TYPE IXPERIENCE/SPECIALTY Zesidential Real .Pro ert CLOSINGS SINCE 2001: Commercial Ileal Piroporty Property CLOSINGS SINCE 2001 -' ,Tangible Property BANKRUPTCY SINCE 2001 Other ( leasers ecif) BANKRUPTCY SINCE 2001 3. if you currently or previously have served as a special magistrate, please .provide the municipality or county and dates served. 4. Have you ever been dismissed, terminated or denied appointment as a special magistrate for poor or improper performance? Z No ❑ Yes (pleaseexplain) 5. List any additional information which makes you qualified to serve as a special magistrate. Also provide name and contact information of at least two individuals who can attest to your years of experience in. ad valorem taxation, tangible personal property or real property appraisals. SEE ATTACHED G. Are you �ie.illing to accept the Value Adjustment Board established schedule of fees? M Yes [] No If no.. please indicate yoursehedule. of -fees to be charged the board on -a one-hour basis. 7. Explain yourilevel of knowledge and experience with computers and list the applications you are. familiar with. includinglAxia. ALONG WITH OTHER COUNTIES. L. List each. ;orsanizatiort, recognized by the real estate appraisal industry or the professionals in that field, in which yot are currently or have previously been a designated member: IN A TI 2. Of those `orgaiti7_ations describe any possible conflict of interest MEMBER # occur or the appearance ofa eontlict Paae 2 WU13/2015 -14- *� * SPECIAL MAGISTRATE. APPLICATION INDIAN RIVE, R COUNTY VALUE ADJUSTMENT BOARD IN of interest that. may prevcn. t.you from fairly conducting a hearing: NIA• 3. Have you ever been disbarred, suspended .or received any other disciplinary action from any organized .association,: or from the State,of Florida? 1 No, El Yes (please explain) A. 'List any personal or business relationship you'have ever had.•with any officer or emplpyce of the office of the propertyjappraiser, office of the clerk ofihe circuit court, office of the county attorney or the value adjustment board ofanyof the counties to which you are:applying: N/A 5. List any clubs, organizations, associations, or:other entities to which you belong or participate in and in which a possible i onflIct. of interast;couId occur Or the appearance of a:con nict of interest it! ighI,ar-ise that would prevent you from fairly conducting the =hearing between the propertyappraiser-and the properfy owneratid`.taxpayer. Pursuant to Fla. Stat. § 194:03.5, a•person:cannot serve as a speoial Magistrate if he/she is an elected or appointed official ofa_county; a taxing jurisdiction, or the state; is an employee of a county, a taxing. jurisdiction, or the state; or in the same -tax year that he/she services. the Board as a special magistrate, represents a party before the Board iii any administrative review of.prdperty taxes. Are you an elected or appointed official or employee of a county, a taxing.jurisdictiont or the state? ❑ Yes ❑ No If yes, please provide details: '/'he unders*adcertifies, colder penal(), of llisgtrrtlrficrrfivn fr•ow cons&lerrrtion, that each 'hent contained in /his application, or. any other docittueni fiernishecl by &on heha f of the applicant is true ant! complete as of ffie date it boars.. The under sa'ned,girl od es glue 4cl{ttstnrerrl.l3oartllo obtain- irfdrmal on frtom olb& sovrew to ver each item con i�t�cl herelit earl igr d acA*pjple T elected hei:she will ftillati, attregtrir•ements and mandates of Ift, in fir /lln t 'e �IitNes o sp Wale.. Date: /20/2022 Signature of (Tinted Page 3 vp.tM/2013 -15- Joseph Haynes Davis, Esq. Law Offices of Joseph Haynes Davis, P.A. 2750 Taylor Avenue Suite B207. Orlando, FL 32806 Phone (407) 839-3725 • Cell (407) 616-6961 • Email ioseph.davis©jhdlaw.com • Website www.jhdlaw.com Summary of Qualifications • Diligent and hard-working attorney in small firm handling all facets of Real Estate Law and Commercial and Residential Real Property Closings, Mortgage Law, Title Insurance, Probate and Guardianship, Business Formation and Consulting, Creditor Collections, Bankruptcy and all phases of Civil and Criminal Litigation. • Highly organized, with demonstrated strengths in successfully managing diverse caseload. • Excellent interpersonal skills with demonstrated ability to motivate lead and interact effectively with diverse groups of people. • Experienced and skillful negotiator with consistent ability to resolve cases favorably through alternative dispute resolution. • Results -oriented with strong work ethic, high level of integrity, reliability and commitment to excellence in all matters undertaken. • Court appointed in the area of Criminal, Probate, Guardianship and Mental Health for Orange County and the 911, Judicial Circuit since March, 2002, and for Guardianship in Osceola County in 2012. • Court appointed in the area of Criminal, Probate, Guardianship and Mental Health for Sarasota County and the 12th Judicial Circuit March, 2008 and May, 2013. • In 2008; 2009, 2011, 2016 and 2017 appointed to serve as an exemption/classification Value Adjustment Board special magistrate by Orange County, Florida. In 2010, and 2011 appointed to serve as an exemption/classification Value Adjustment Board special magistrate by Manatee County, Florida. • In 2011, 2012, 2013, 2014, 2015, 2016 and 2017 and 2019 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Hillsborough County, Florida. • In 2011; 2012, 2013, 2014 and 2015 appointed to serve as an exemption/classification Value Adjustment Board special magistrate by Flagler County, Florida. • In 2012,;2013, 2014, 2015, 2016, 2017, 2018 and 2019 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Sumter County, Florida • In 2012,1and 2016 appointed to serve as an exemption/classification Value Adjustment Board special magistrate by Seminole County, Florida. • In 2013,12014, 2015, 2016, 2017, 2018, and 2019 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Brevard County, Florida • In 2013 appointed to serve as an exemption/classification Value Adjustment Board special magistrate by Indian River County, Florida. • In 2013, 2014, 2015, 2016, 2017, 2018 and 2019 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Volusia County, Florida. • In 2013 and 2019 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Citrus County, Florida • In 2013,' 2015, 2017, 2018, 2019 appointed to serve as an exemption/classification Value Adjustment Board special magistrate by Marion County, Florida. • In 2014 and 2015 appointed to serve as an exemption/classification Value Adjustment Board special magistr te;by Bay County, Florida. -16- i • In 2014, 2015, 2016, 2018, and 2019 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Lee County, Florida. • In 2014 appointed to serve as an exemption/classification Value Adjustment Board special magistrate by Nassau County, Florida. • In 2014, 2015, 2016 and 2017 appointed to serve as an exemption/classification Value Adjustment Board special magistrate by Leon County, Florida: • In 2014, 2015, 2016, 2017, 2018 and 2019 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Leon County, Florida. • In 2016, 2017, 2018, and 2019 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Polk County, Florida. • In 2017, 2018 and 2019 appointed to serve as an exemption/classification Value Adjustment Board special magistrate by Osceola County, Florida. • In 2018 and 2019 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Pinellas County, Florida. • In 2018 and 2019 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Alachua County, Florida. • Local counsel to Shapiro and Fishman, LLP Tampa, Florida for foreclosure appearances in Orange County Florida and Seminole County Florida, August 2008 to the present. • Florida counsel to Bass Law Group, LLC Woodstock, Georgia for civil debt collection matters January 2009 to 2010. Areas of Expertise Business Civil & Personal Real Estate Sports & Family Transactions Criminal Injury Estate Planning Entertainment Law Legal Experience Law Offices i f Joseph Haynes Davis, P.A., Orlando, FL 2001 to Present Small Law Firm, representing wide range of clients in Commercial and Residential Real Property Closings, Mortgage Law, Title Insurance, Probate and Guardianship, Business Formation and Consulting, lCivil and Criminal Litigation, Real Estate, Personal Injury, Estate Planning, Probate, Bankruptcy, Family and Sports & Entertainment Law. • Business Formation Transactions and Consulting: Advise and assist business and corporate clients on wide 'range of matters including business formation and incorporation. Draft and review articles of incorporation, bylaws, shareholder agreements, buy/sell agreements, compensation agreements, various contracts and represent and advise clients in all phases of business transactions. • 'Civil & Criminal Litigation: Handle all phases of Civil and Criminal litigation from pre-trial practice through trial. Responsibilities include conducting extensive legal research, drafting pleadings, motions, discovery, trial briefs, taking and defending depositions, witness preparation, conducting voir dire and representing clients at hearings, trials and mediation. I • Personal Injury: Routinely handle all aspects of wide range of plaintiff's personal injury cases from client interview through settlement or trial. • Family: Replesent clients in all aspects of family law including divorce, paternity, annulment, custody, support,modifications as well as mediation and informal settlement conferences. Regularly negotiate and draft property settlement agreements. 2 -17- Estate Planning: Routinely analyze and draft wills and living trusts, and handle all aspects of Probate and Guardianship proceedings. • Real Estate: Review residential real estate contracts and closing documents for buyers, issue title insurance for residential and commercial closings and counsel clients on various matters including actions for ejectment, actions for partition and foreclosures. • Sports & Entertainment Law: Negotiate a variety of contract deals for vocal singer -performers, professional basketball athletes and radio broadcast air talents. • Title Insurance Agent: Former title insurance agent for Attorney's Title Fund (2005-2009) and Land America ;(2006-2009). Issued title insurance through the Law Offices of Joseph Haynes Davis, PA and owner of Sivad Title Services, Incorporated. PREVIOUS EXPERIENCE includes highly successful 30 -year career as radio broadcaster and broadcast manager for a variety of stations in Florida, Texas, Pennsylvania, Illinois, Missouri, Louisiana and Georgia. Nominated in 1999 and 2000 by the Billboard R&B Monitor radio trade publication as Assistant Program Director/Music Director of the Year (winner 2600). Youngest brother to the late trumpeter and music icon, Miles Davis. Education and Professional Development I i J.D. Rutgers Law School, Camden, NJ, 1996 Deanis List, Spring 1996 M.S.W. University of Pennsylvania, School of Social Work, Philadelphia, PA, 1992 B.S. (Cony rnunicationsfJournalism) Illinois State University, Normal, IL,1981 Recipient, Outstanding Graduate in Communications, 1998 Regularly attend continuing education (CLE) courses and professional seminars. I Bar Admissions I I • State of Florida, 2001; U.S. Middle District of Florida 2001; U.S. Southern District of Florida 2012 1 I Affiliations • Orange County Bar Association • Central Florida Real Estate Investors • Business (Opportunities Group Incorporated (BOGI) • Rutgers i aw School Alumni Association • SanfordLIousing Authority, Board Chairman (04/01 to 02/02) 1 I Computer Skills • Westlaw -18- i I • Microsoft Word • Internet: • E-mail I • Axia (Value Adjustment Board, Florida program) 4 -19- -21- ;r r - �L MAGISTRATE HEARING OFFICER FOR VA BOARDS AROUND THE STATE OF FLORIDA VAB APPLICATION 2022 • In 20.08, 2009, 2011, 2016 and 2017 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Orange County, Florida • In 2010, and 2011 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Manatee County, Florida • In 21011, 2012, 2013, 2014, 2015, 2016, 2017, 2019 and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Hillsborough County, Florida • In 2,011, 2012, 2013, 2014 and 2015 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Flagler County, Florida • In 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Sumter County, Florida • In 2012 and 2016 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Seminole County, Florida • In 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Brevard County, Florida, • In 2,013 and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Indian River County, Florida 1 • In 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Volusia County, Florida • In 2013, 2019 and 2020 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Citrus County, Florida i • In 20113, 2015, 2017, 2018, 2019, 2020 and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Marion County, • In 2014, 2015, 2020 and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Bay County, Florida 1 -22- { • In 2014, 2015, 2016, 2018, 2019, 2020, and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Lee County, Florida • In 2014 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Nassau County, Florida • In 2014, 2015, 2016, 2017, 2018, 2019 and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Leon County, Florida • In 2014, 2015, 2016, 2017, 2018, 2019, 2020 and 2021. appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Pasco County, Florida • In 2016, 2017, 2018, 2019, and 2020 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Polk County, Florida • In 2018, 2019, 2020 and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Pinellas County, Florida • In 2018, 2019, 2020 and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Alachua County, Florida: • In 2019, 2020, and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by St. Johns County, Florida • In 2017, 2018, 2019 and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Osceola County, Florida • In 2020, and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special; Magistrate by Santa Rosa County, Florida • In 2019„ 2020 and 2021 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Sarasota County, Florida • In 2021; appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Okaloosa County, Florida • In 2021f appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Walton County, Florida 2 -23- P • In 2021,appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Escambia County, Florida 3 -24- HEARING TIME: 9:30 am Cst. 1/7/2022. PETITION 2021-00049 PROPERTY ADDRESS: 825 BAYSHORE DRIVE #804, PENSACOLA, FLORIDA FLORIDA STATUTE: 193.155 Save Our Homes; Florida Constitution Article 7, Section 4; Florida Revenue Rule 12D-8.0065 PETITIONER: Albert Oram ATTORNEY SPECIAL MAGISTRATE: Joseph Haynes Davis, Esq. ESCAMBIA COUNTY VAB BOARD COUNSEL WAS PRESENT: Suzanne Whibbs, Esq. ESCAMBIA COUNTY PROPERTY APPRAISER: Loren Levy, Esq.; William Hynacki; All parties were sworn. All county property values were read into the record by the property appraiser's office. Property Appraiser's evidence packet #1 was admitted without objection. FINDINGS OF FACT: THE PROPERTY APPRAISER PRESENTED The Escambia County Property Appraiser presented by and through the testimony of Escambia County Property Appraiser Counsel Loren Levy, Esq. Testified that the instant matter is one of the portability of the homestead differential cap, the "save our homes" cap differential. Testified that the relevant statute for the matter is Florida Statute 193.155 and that the relevant Florida Constitution section is Article 7, Section 4. Testified thatlthe portability of the homestead differential cap, the "save our homes" cap differential allows for the taxpayers to "port" or take with them the homestead exemption assessment differential to their new residence once the taxpayer has sold the old residence or has abandoned the old residence. Testified and argued that the matter at issue today is one of abandonment of the prior residence. Testified that the issue like the instant one, is one when a taxpayer takes with the taxpayer the benefit that a taxpayer has on the old homestead, must go away from that old homestead and is usually a straight forward matter when there is one person leaving the old homestead and therefore abandoning the benefits of living in the old homestead. However, this issue is somewhat more complex when you have two (2) people living in the former homestead residence and when the two residents of the former homestead are splitting up. In that instance, one person could be leaving and the other person could note be leaving whether the two are a married couple or whether the two people are tenants in common. Article 7, Section 4 (8) (a) of the Florida Constitution allows that you may port within three years and is the Portability provision. Section 1: If the value of your new homestead is more than the value of your old homestead, you can take all of your assessment differential. Testified that the key is abandonment. If your homestead is less than the value of your old homestead, then there is a downsizing. Section (B) is applicable to property owned by more than one person. That is what we have' in the instant matter. In this matter the couple went through a divorce. -25- Testified that Florida Statute 193.155 (8) is the same as the Florida Constitution. Testified that abandonment is the key in these two sections. Testified that with two or more persons abandoning the property, the split is based upon the ownership share. Testified that during the divorce proceedings, the husband and wife can designate a portion of the portability differential that will go to the respective spouses. However, if not designated by the parties, there is a default; that being that each party/spouse will take 50% unless in the divorce decree there is an agreement to something different. Testified that in the instant matter, the form available to designate the ownership share of the portability differential that would go to the respective spouses was not filled out and executed and as a result, there is no ownership share designated as part of the divorce. So, in this case you have to go the default mechanism that each former spouse can take 50% subject to the prior homestead property being abandoned as per Florida Statute 193.155 (f) or (g) where the husband and wife may designate the ownership share by filling out the form which did not happen here. Testified that one of the owners may stay in the house and come to the property appraiser and declare that they want to abandon and the document allows for the homestead difference to be split with the person who is moving away and allows for the remaining interest to stay with the person in the prior home/property. Testified to Florida Revenue Rule 12D-8.0065 (2) where you may take the homestead differential cap with you to the new home, but you must abandon the old house. Testified that in the instant matter: the divorced spouse stayed in the old house and did not complete the ownership form that transferred the assessment differential form in conjunction with the dissolution proceedings, nor has the spouse that remained in the house done the temporary or voluntary abandonment application to allow 50% of the assessment differential to go to the divorced husband. Testified that the husband would argue that he is entitled to 50% of the assessment differential but in order to do that you have to take away from the prior homestead and the person that is in the property has not cooperated and did not execute the form to designate the ownership shares and the spouse that has stayed,in the house has not done the temporary abandonment and re-application as required having the abandonment of the prior homestead. Testified that the question is can the Petitioner get the 50% share when the spouse who has stayed in the house has refused to sign the document and refused to cooperate? There is nothing in the statute to carve out;and exception. Testified that no matter if you were tenants in common, joint tenants with the right of survivorship, or tenants by the entirety, there must be a complete and total abandonment of the prior homestead. Testified that the relevant forms (DR-501TS) and the (DR 501T) should have been executed before the divorce which functions as allowing for the complete and total abandonment of the prior homestead. William Hyni acki: Testified that the property appraiser's office cannot do it (grant the "complete abandonment") without the documents executed. The documents must be executed by the ex-spouse. They are: 1. DESIGNATION OF OWNERSHIP SHARES OF ABANDONED HOMESTEAD, Form DR-501TS. I I -26- 2. Formi DR -501T, Transfer of Homestead Assessment Difference. The Property Appraiser's evidence is relevant, credible and admissible. Petitioner Albert Oram testified: Did not leave the property as "husband." Testified that Court order and final judgment was March 20, 2021 which ordered the property to be sold which meant that the Petitioner remained as tenants in common and the designation of "husband and wife" were not applicable. Testified that Petitioner sold his portion to the former spouse in May, 2018. Argued that the form in question requires that the parties be husband and wife during May, 2021 when the portion of the homestead was sold to the ex-spouse. Testified that the judge ordered the house to be sold. Testified that in May, 2018 when the portion was sold to the wife that the parties were tenants in common. Testified that Petitioner agrees with the Property Appraiser's Office that F.S. 193.155 is applicable but the focus should be in the tenants in common relationship and not the husband -and -wife relationship. (8) (d). Testified that Petitioner tried to get the wife to sign the document Form DR-501TS. Testified that when he abandoned the property in May, 2008 that the parties were not married and as a result, they were tenants in common. Argued that Florida Statute 193.155 does not directly address the issue when parties are tenants in common. Only addresses when parties are husband and wife. Testified that when Petitioner purchased the new home in 2019, Petitioner thought that he got portability. Testified that Petitioner did everything on line but then found out that there was no portability and misunderstood the notice from the Property Appraiser's Office. Testified that Petitioner re-applied for the homestead the next year although Petitioner had the homestead already and was told by the Property Appraiser that they would look into the portability issue and was then told that Petitioner did not qualify. Testified that Petitioner had a court order to sell the property to the ex- spouse as a result of the divorce. Argued that abandonment is not defined as "total and complete." Testified that in May, 2018, Petitioner abandoned his portion of the property at issue and was then tenants in common with the prior spouse as a result and that the prior spouse has refused to execute the documents. Argued that the divorce court failed to divide the property properly. Testified that if the Petitioner fails in the instant matter that Petitioner can then petition the Family Law Court that the property was not properly divided. Argued,that should be written into the recommendation. Testified that the divorce final judgment did not include a provision that any other property should be divided 50/50. Argued that abandonment is not defined for tenants in common. Argued that the matter could have been resolved in the final judgment. The Petitioner's evidence is relevant, credible and admissible. CONCLUSIONS OF LAW As to PETITION: 2021-00049 said petition is recommended to be DENIED. -27- i d The undersigned Special Magistrate finds that the following below is controlling and or persuasive in the recommendation: Article 7, Section 4 (8) (a) of the Florida Constitution: (8)a. A person who establishes a new homestead as of January 1 and who has received a homestead exemption pursuant to Section 6 of this Article as of January 1 of any of the three years immediately preceding the establishment of the new homestead is entitled to have the new homestead assessed at less than just value. The assessed value of the newly established homestead shall be determined as follows: i 1. if the just value of the new homestead is greater than or equal to the just value of the prior homestead as of January 1 of the year in which the prior homestead was abandoned, the assessed value of the new homestead shall be the just value of the new homestead minus an amount equal to the lesser of $500,000 or the difference between the just value and the assessed value of the prior homestead las of January 1 of the year in which the prior homestead was abandoned. Thereafter, the homestead Shall be assessed as provided in this subsection. 2. If the juist value of the new homestead is less than the just value of the prior homestead as of January 1 of the year in which the prior homestead was abandoned, theassessed value of the new homestead shall be equal to the just value of the new homestead divided by the just value of the prior homestead `and multiplied by the assessed value of the prior homestead. However, if the difference between the just value of the new homestead and the assessed value of the new homestead calculated pursuant tothis sub -subparagraph is greater than $500,000, the assessed value of the new homestead shall be incV eased so that the difference between the just value and the assessed value equals $500,000. Thereafter, the homestead shall be assessed as provided in this subsection. b. By general law and subject to conditions specified therein, the legislature shall provide for application of this paragraph to property owned by more than one person. Florida Stawte193.155 Homestead assessments. (8) Property assessed under this section shall be assessed at less than just value when the person who establishes'a new homestead has received a homestead exemption as of January 1 of any of the 3 immediately preceding years. For purposes of this subsection, a husband and wife who owned and both permanent] y resided on a previous homestead shall each be considered to have received the homestead exemption even though only the husband or the wife applied for the homestead exemption on the previous homestead. The assessed value of the newly established homestead shall be determined as provided in jthis subsection. (a) If the just 'value of the new homestead as of January 1 is greater than or equal to the just value of the immediate prior homestead as of January 1 of the year in which the immediate prior homestead was abandoned; the assessed value of the new homestead shall be the just value of the new homestead minus an amount equal to the lesser of $500,000 or the difference between the just value and the assessed value'of the immediate prior homestead as of January 1 of the year in which the prior homestead as abandoned. Thereafter, the homestead shall be assessed as provided in this section. I i —28— (b) If the just value of the new homestead as of January 1 is less than the just value of the immediate prior homestead as of January 1 of the year in which the immediate prior homestead was abandoned, the assessedivalue of the new homestead shall be equal to the just value of the new homestead divided by the just value of the immediate prior homestead and multiplied by the assessed value of the immediate prior homestead. However, if the difference between the just value of the new homestead and the assessed value of the new homestead calculated pursuant to this paragraph is greater than $500,000, the assessed value of the new homestead shall be increased so that the difference between the just value and the assessed value equals $500,000. Thereafter, the homestead shall be assessed as provided in this section. 12D-8.0065 Transfer of Homestead Assessment Difference; "Portability"; Sworn Statement Required; Denials; Late Applications. (1) For purposes of this rule, the following definitions apply. (a) The "previous property appraiser" means the property appraiser in the county where the taxpayer's previous homestead property was located. (b) The "new property appraiser" means the property appraiser in the county where the taxpayer's new homestead is located. (c) The "previous homestead" means the homestead which the assessment difference is being transferred from. (d) The "new homestead" means the homestead which the assessment difference is being transferred to. (e) "Assessment difference" means the difference between assessed value and just value attributable to Section 193.155, F.S. (2) Section 193.155(8), F.S., provides the procedures for the transfer of the homestead assessment difference to a new homestead, within stated limits, when a previous homestead is abandoned. The amount of the assessment difference is transferred as a reduction to the just value of the interest owned by persons that qualify and receive homestead exemption on a new homestead. (a) This rule sets limits and requirements consistent with Section 193.155(8), F.S. A person may apply for the transfer of an assessment difference from a previous homestead property to a new homestead property if: 1. The pers In received a homestead exemption on the previous property on January 1 of one of the last three years before establishing the new homestead; and, 2. The previous property was abandoned as a homestead after that January 1; and, 3. The previous'property was, or will be, reassessed at just value or assessed under Section 193.155(8), F.S., as of January 1 of the year after the year in which the abandonment occurred subject to Subsections; 193.155(8) and 193.155(3), F.S; and, -29- 4. The person establishes a new homestead on the property by January 1 of the year they are applying for the transfer. (b) Under Section 193.155(8), F.S., the transfer is only available from a prior homestead for which a person previously received a homestead exemption. For these rules: 1. If spouses owned and both permanently resided on a previous homestead, each is considered to have received the homestead exemption, even if only one of them applied for the homestead exemption on the previous homestead. 2. For joint tenants with rights of survivorship and for tenants in common, those who qualified for and received thelexemption on a previous homestead are considered to have received the exemption. The Petitioner has not demonstrated by a preponderance of the evidence that the property at issue in the instant matter is entitled to the relief that the Petitioner is seeking and has not demonstrated by a preponderance of the evidence that the parcel at issue survives the statutory tests of the'following: Florida Statute 193.155. Additionally, a preponderance of the evidence shows that the Petitioner has not shown that the Petitioner has not overcome the requirement of the following documents which must be executed by the ex-spouse: 1. DESIGNATION OF OWNERSHIP SHARES OF ABANDONED HOMESTEAD, Form DR-501TS. 2. Form DR -501T, Transfer of Homestead Assessment Difference. What is persuasive is the following: that the portability of the homestead differential cap, the "save our homes" cap differential allows for the taxpayers to "port" or take with them the homestead exemption assessment differential to their new residence once the taxpayer has sold the old residence or has abandoned the old residence. But a preponderance of the evidence shows that the relevant issue and persuasive issue before this Attorney Special Magistrate in the instant matter is one of abandonment of the prior residence, and what would constitute abandonment of the prior residence to satisfy Florida Statute 193.155 (f) or (g) and would also comport with Florida Department of Revenue Code 12D-8.0065 Transfer of Homestead Assessment Difference; "Portability"; Sworn Statement Required; Denials; Late Applications subsection (2) where you may take the homestead differential cap with you to the new home, but you must abandon the old house. Moreover, a preponderance of the evidence is persuasive in the instant denial that the Form DR-501TS, "Designation of Ownership shares of Abandoned Homestead" while is essential to the resolution to the instant petition, was not executed by the parties (the Petitioner and the now ex-spouse) as part of the divorce proceedings as the divorced spouse stayed in the old house and did not complete the ownership form that transferred the assessment differential form in conjunction with the dissolution proceedings, nor has the spouse that remained in the house done the temporary or voluntary abandonment application to allow 50% of the assessment differential to go to the divorced Petitioner. A preponderance of the evidence also shows that the relief that the Petitioner is seeking may be able to be resolved in Escambia County Family Law Court by re -opening the matter to seek the relief that the Petitioner is seeking in this instant matter. -30- While the Petitioner argues that Petitioner "did not leave the property as "husband" and that the Escambia County Family Law Court ordered the property to be sold which meant that the Petitioner remained as tenants in common with the now ex-spouse and the designation of "husband and wife" were not applicable and that F.S. 193.155 is applicable but the focus should be in the tenants in common relationship and not the husband -and -wife relationship when one looks at subsection (8) (d) of F.S. 193.155, a preponderance of the evidence still shows that persuasive in the instant denial is that the Form DR-501TS, "Designation of Ownership shares of Abandoned Homestead" is essential to the resolution to the instant petition, and yet, was not executed by the parties. The language on the form itself says "File this form if you and your spouse (or former spouse) are current or former joint owners of qualifying property and want to designate shares of the homestead assessment difference." In the instant matter, a preponderance of the evidence shows that the Petitioner and now ex-spouse were once "joint owners" of the property at issue. I A preponderance of the evidence shows that through the testimony of the Property Appraiser's Office representative William Hynacki if the Form DR-501TS, "Designation of Ownership shares of Abandoned Homestead' j is executed, the relief that the Petitioner seeks would be allowed by that agency. Indeed, a preponderance of the evidence shows that by and through Petitioner's own testimony that "if Petitioner fails in the instant matter that Petitioner can then petition the Family Law Court that the property was not properly' divided" and seek the relief in that forum. A preponderance of the evidence shows that Petitioner in PETITION 2021-00049 has not demonstrated that the instant exemption and relief that the Petitioner seeks should be granted. This Special Magistrate recommends the instant petition should not be granted and the relief sought by Petitioner should not be granted. As to PETITION 2021-00049 said petition is recommended to be DENIED. -31- Certification of Training Completion. 21 e- I-"lorlcicr Depart;ment:q 'en fRep tteprov'ides this dowment fioraperson to Ce. r/. he oi, she, personal . ij'� 1 - hat � I Iy.rind-withow.-any assistall the Department"s 2 - ce, liras: completed 021 Value -Adjustment Bmatd Training, including the exam; forAtLo.Ltt4.-L'Vec.iallfa., 'sohxte. certify that 1, JOSEPH HAYNES DAVIS POwnally, and without any ass 'tante, have ct y rozdezved UVWk and studied t. -he ,--content- of Modules I through 5 and Modules .9 -through 11 of theiDepartmentof Revenue's 2021 Value Adjustnwrit Board Trainjing, fiar ie-aming such carte -tit, andffirther certify that. -Ir personal -k an 4 zo-ithout any assistance, have comp feted and passed. theDepar' * t ment of Revenue's corresponding examlinatidn. Tltis,certificationbecomesvalid onlywhen signed and dated below b flit Pei -son ni,letedthe training including exam a5 described. above. By ly,(. ul dd siture. below, I further -attest to my prece(ling, sta ements. 74 Sig murecA' ertificAtion o D AftE ida pto -32- Computer Experience VAB 2022 • Westlaw 30 years • Lexis -Nexis 30 years • WordPerfect 32 years • Microsoft Word 32 years • Internet 32 years • E-mail 27 years • Axia 14 plus years • FindLaw 16 plus years -33- INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD ATTORNEY SPECIAL MAGISTRATE APPLICATION 2022: NAME AND CONTACT OF INDIVIDUALS WHO CAN ATTEST TO THE YEARS OF EXPERIENCE IN AD VALOREM TAXATION 1. Chris Dugan Managing Director Primera Title, LLC 1000 Primera Blvd. Lake Mary, Florida 32746 Main number 407-501-8750; Direct Line: 407-768-326; Fax: 407-604- 6681; cdugan@primeratitle.com 2. Karen Wonsetler, Esq. The Law Office of Karen Wonsetler, P.A. 860 North Orange Avenue, Suite 135 Orlando, FL 32801 Telephone (407)770-0846 Fax (407)770-0843 kareInwonsetler@yahoo.com. 3. Rinky S. Parwani Managing Attorney Parwani Law, P.A. 9905 Alambra Avenue Tampa, Florida 33619 Phone: 813-514-8280 Fax: 813-514-8281 rinky@parwanilaw.com www.parwanilaw.com Holly E. Cosby Law Office of Holly E. Cosby, P.A. 602 Center Road Fort Myers, Florida 33907 (239) 931-0006 Office. (239) 418-0006 (fax) holly@cosbylaw.com Aaron Thalwitzer, Esq. 257 N. Orlando Ave. Cocoa Beach, FL 32931; (321) 799-4777; Aar6n@BrevardLegal.com -34- -:. JOSEPH HAYNES DAVIS, ESQUIRE INDIAN RIVER COUNTY FLORIDA VAB SPECIAL MAGISTRATE APPLICATION 2022 EXPERIENCE IN AD VALOREM TAXATION ISSUES ADDITIONAL INFORMATION THAT QUALIFIES ME TO SERVE I respectfully submit the detailed experience below as representing a microcosm of my experience as per my resume as a Value Adjustment Board Special Magistrate Attorney since 2008 as more evidence of my preparedness for this instant opportunity. Additionally, I have been a licensed attorney in the state of Florida since January, 2001. The instances listed below are not exhaustive of the matters before me over the past as a Special Attorney Magistrate. However, they should represent to: the reader the diversity of the matters were before me and evidence the requisite experience needed to perform the tasks as Value Adjustment Board Special Magistrate. i 1. While serving in Manatee County: Pursuant to Section 193.461 (3) (b) Florida Statutes, as 'a Special Magistrate a "Greenbelt" properties matter came before me. With a "Greenbelt" agricultural classification, properties are bona fide agricultural operations taxed according to the "use" value of those operations, rather than the development value. Fot property to qualify for agricultural classification, land must be used in good faith for commercial agricultural purposes. 2. In another matter while serving in Manatee County, was the late filing of an application for homestead exemption based on extenuating circumstances pursuant to Section 196.011(8) Florida Statutes and whether or not the Petitioner personally and exclusively owned by operation of the trust language the beneficial interest in the property at issue in the matter for 2011 tax period based upon the trust instrument language provided by petitioner. 3. In another matter while serving in Manatee County, an appeal seeking the late filing of an p application for Veterans total disability exemption based on extenuating circumstances pursuant to Section 196.011(8) Florida Statutes (2010) and Section 196.081 Florida Statutes (2010.) The issue in that matter was whether the Petitioner demonstrated by a preponderance of the evidence extenuating circumstances judged by the Special Magistrate to warrant the granting of the Veterans Total Disability exemption for the current year. 4. While serving in Manatee County, there was an appeal seeking the late filing of an application for homestead exemption based on extenuating circumstances pursuant to Section 196.011(8) Florida Statutes and the rules regarding portability set forth in Florida Statute 193.155(8). The issue(s) in that matter: whether the Petitioners had demonstrated by a preponderance of the evidence extenuating circumstances to warrant the granting of the .homestead exemption for that year as a result of the late filing and, whether or not Petitioners could "port" their Save Our Homes tax benefits to their new home as per in Florida Statute 193.155(8). 5. While serving in Manatee County an appeal seeking the late filing of an application for homestead exemption based on extenuating circumstances pursuant to Section 196.011(8) Florida Statutes (2011) The issue(s) in the instant matter: whether the Petitioners demonstrated by a preponderance of the evidence extenuating circumstances to warrant the granting of the homestead exemption for that year as a result of the late filing. The petition was a request for a hearing as a result of the ending of the Homestead -35- a on said property as a result of an apparent scrivener error or input error on the deed evidencing the address of their new homestead after a closing. 6. While serving in Flagler County, there was an issue before me of an appeal of a denial of historically commercial or nonprofit exemption of two real property parcels. 7. While serving in Flagler County, an appeal of a petition on a Homestead denial with the issue as to whether or not the Petitioner is a pennanent resident of the property at issue. The issue was a permanent resident issue and whether or not has the • Petitioner demonstrated by a preponderance of the evidence that he is indeed a permanent resident of the property. 8. While serving in Flagler County, there was an appeal of a petition on a Homestead denial with the issue as to whether or not the Petitioner had abandoned the property by way of a rental of the property, and whether or not rental of a homestead constitutes the abandonment of the property, with that abandonment being the rental of an entire dwelling previously claimed to be a homestead for tax purposes. Did that rental constitute the abandonment of homestead tax designation? 9. While serving in Indian River County: Pursuant to Section 193.461 (3) (b) Florida Statutes, as a Special Magistrate a "Greenbelt" properties matter came before me. With a "Greenbelt" agricultural classification, properties are bona fide agricultural :operations taxed according to the "use" value of those operations, rather than the development value. For property to qualify for agricultural classification, land must be used in good faith for commercial agricultural purposes. 10. While serving in Marion County: An appeal of the denial by the Marion County Property Appraiser of Petitioner's application for non-profit/charitable ad valorem exemption status as to the use of property/properties at issue. There were 35 parcels at issue before me as the Special Magistrate. APPLICABLE, STATUTES: Florida Statutes 196.26, Florida Statute 193.501 Florida Statute 196.196, as admitted as evidence via testimony and documents and submitted by the Property Appraiser and Petitioner respectively. 11. While serving in Citrus County: An appeal for a denial of Homestead Denial. RELEVANT STATUTE: Section 6 (b) Florida Constitution and Florida Statute 196.015. If selected by the Value Adjustment Board, the objectives and goals that I would take! to ensure timely return of the associated worksheets would be as I have done over the years in my capacity as a VAB special magistrate in the counties that I have served are very simple: to get the work done immediately after receiving the files from the VAB cleric whether it would be the physical files through the U.S. Postal Mail or electronically by and through AXIA or the particular system designed for the particular county. Should I need a question answered, then I ask, not only electronically to either the clerk or VAB counsel, but I also follow up with a telephonic conversation to make sure the written electronic communication comports with the overall understanding of the substance of the intent of the communication. To put it even more simply, when the work comes to me, I get the job done quickly, without delay, and efficiently. I believe that I am the most qualified to serve the taxpayers of Indian River County as a Value Adjustment Board Special Magistrate because of the combination of my prior experience ias a VAB Special Magistrate in the counties listed in this application and on my resume, and because of my -36- I zeal and affinity for this kind of work. I am always honored and humbled by the opportunity to serve the citizens and taxpayers of the great State of Florida and the surrounding �ounties in the capacity as a Special Attorney Magistrate. And, I thank you for considering me for this 2022 tax year with this application. /s/Joseph Haynes Davis JOSEPH HAYNES DAVIS Florida Bar No. 0458058 Law Offices of Joseph Haynes Davis, P.A. 2750 TAYLOR AVENUE #B207 Orlando, Florida 32806 Telephone: (407) 839-3725 Facsimile: (407) 839-4708 Joseph.davis@jhdlaw.com -37- SPECIAL MAGISTRATE APPLICATION ** INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. & 194.035) Please type or print. If more space is needed, attach additional sheets. Applicants may supplement their application with a restore. However, a resume cannot be used in lierr of an application. Application for: ❑ Attorney Special Magistrate ® Appraiser Special Magistrate for... ® Real Property and/or ❑ Tangible Personal Property If appointed, how much time would you be available to conduct hearings and complete your recommendations? ® 1 to 8 hours per week; ❑ 9 to 20 hours per week; ❑ 21 to 30 hours per week; ❑ 31 to 40 hours per week. INFORMATIONAPPLICANT Name: Stephen G Neill MAI -- Home Address: 139 Dominion CourtFort Pierce FL 34949 Mailing Address: Same Business Name: Callaway & Price Inc Business Address: 1803 South 25" Street Suite 1 Fort Pierce FL 34947 Phone: Home/ Business/772-464-8607 Cell/561-718-1768 Fax: 772461-0809 E -Mail: s.neill@callawgyandprice.com • Copy of license referenced below. • Documentation to support membership in professional organizations listed below under Organizations. • A writing sample, which may consist of an opinion letter or other business-related documentation that contains one or more written pages of original material. If you have served as a special magistrate previously, please submit a recommended decision as your sample. Do not submit a copy of an appraisal as a writing sample. • Prior to conducting hearings, all applicants are required under Fla. Stat. § 194.035 to certify completion of the current year training provided by the Department of Revenue. To obtain the training, go online to the Department's website at http://dor.myflol-ida.com/doL/propeLty/vab/training.html. Return your completion certificate to the VAB clerk. Attorney Magistrate Applicant: Bar Number: Date of Admission: How many years of experience do you have in the area of ad valorem taxation: Appraiser Magistrate Applicant: Residential Appraiser License #: Valid Through: General Appraiser License #: RZ2480 Valid Through: 11/30/22 Provide number of years of experience you have in the area of real property valuation: 24 Describe experience, and number of years you have in the area of tangible property valuation: N/A Page 1 v01/13/2015 -38- SPECIAL MAGISTRATE APPLICATION • INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. & 194.035) QUALIFICATIONS/EXPE111 F,NCF. 1. Educational Background See Attached Qualifications 2. List any experience and/or specialty for the following property types: PROPERTY TYPE EXPERIENCE/SPECIALTY Residential Real Property All types, including high end, condos, S/F and M/F Commercial Real Property All types, including income-producing, single tenant, multi -tenant and s ecial put -pose properties Tangible Property N/A Other (please specify) Industrial, institutional, eminent domain, agricultural and procedural audits 3. If you currently or previously have served as a special magistrate, please provide the municipality or county and dates served. St Lucie County 2007 -Current Martin County: 2-12-2015 Indian River County: 2010 -Current 4. Have you ever been dismissed, terminated or denied appointment as a special magistrate for poor or improper performance? ® No ❑ Yes (please explain) 5. List any additional information which makes you qualified to serve as a special magistrate. Also provide name and contact information of at least two individuals who can attest to your years of experience in ad valorem taxation, tangible personal property or real property appraisals. See 93 above Angela Riggins & Carrie Lavarana — St Lucie County Value Adjustment Board 6. Are you willing to accept the Value Adjustment Board established schedule of fees? ® Yes ❑ No If no, please indicate your schedule of fees to be charged the board on a one-hour basis. 7. Explain your level of knowledge and experience with computers and list the applications you are familiar with, including Axia. Proficient knowledge and experience with computers for 20+ years with AXIA for 11 years,• attended several seminars sponsored byAXIA - ORGANIZATIONS J 1. List each organization, recognized by the real estate appraisal industry or the professionals in that field, in which you are currently or have previously been a designated member: ORGANIZATION DESIGNATION DATE MEMBER # Appraisal Institute MAI 2004 12248 American Society of Farm Associate Member 2013 Managers Page 2 v01/13/2015 -39- SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. SPAT. & 194.035) 2. Of those organizations describe any possible conflict of interest that could occur or the appearance of a conflict of interest that may prevent you from fairly conducting a hearing: 3. Have you ever been disbarred, suspended or received any other disciplinary action from any organized association, or from the State of Florida? ® No ❑ Yes (please explain) 4. List any personal or business relationship you have ever had with any officer or employee of the office of the property appraiser, office of the clerk of the circuit court, office of the county attorney or the value adjustment board of any of the counties to which you are applying: Business relationships through the VAB program - - 5. List any clubs, organizations, associations, or other entities to which you belong or participate in and in which a possible conflict of interest could occur or the appearance of a conflict of interest might arise that would prevent you fi-om fairly conducting the hearing between the property appraiser and the property owner and taxpayer. CERTIFICATION Pursuant to Fla. Stat. § 194.035, a person cannot serve as a special magistrate if he/she is an elected or appointed official of a county, a taxing jurisdiction, or the state; is an employee of a county, a taxing jurisdiction, or the state; or in the same tax year that he/she services the Board as a special magistrate, represents a party before the Board in any administrative review of property taxes. Are you an elected or appointed official or employee of a county, a taxing jurisdiction, or the state? ❑ Yes ® No If yes, please provide details: The undersigned certifies, under penalty of disqualification from consideiration, that each item contained in this application, or any other document fin•nished by or on behalf of the applicant is trite and complete as of the date it bears. The undersigned authorizes the Value Adjtistment Board to obtain it formation front other sources to verb, each item contain ierein. The undersigned aclanowledges that, if selected, he/she will follow all requirentents and viand orlair infilling the ditties of special magistrale. Date: 7/11/22 of Stephen G. Neill Printed Name of Applicant Page 3 v01/13/2015 -40- Qualifications - Stephen G. Neill, MA/ Professional Designations\Licenses\Certifications Member, Appraisal Institute, MAI Designation #12248 Florida State -Certified General Real Estate Appraiser #RZ2480 Florida Licensed Real Estate Broker #BK -0660406 Associate Member, American Society of Farm Managers and Rural Appraisers Professional Experience Principal, Callaway & Price, Inc. - Since January 2006 Appraisal Consultant, Callaway & Price, Inc. - 7/02 - 12/05 Appraisal Consultant, Diskin Property Research - 4/00 - 6/02 Appraisal Consultant, Callaway & Price, Inc. - 5/97 - 4/00 Education Bachelor of Science Degree in Business/Real Estate, Florida State University Associates of Arts Degree, Indian River Community College Appraisal Institute Courses: 410 Standards of Professional Practice, Part A 420 Standards of Professional Practice, Part B 510 Advanced Income Capitalization 520 Highest and Best Use and Market Analysis 530 Advanced Sales and Cost Approaches 540 Report Writing 550 Advance Applications Analyzing Operating Expenses Appraisal from Blueprints and Specifications FHA and the Appraisal Process Real Estate Finance Statistics & Valuation Modeling Analyzing Distressed Real Estate Expert Witness An Appraiser's Introduction & Overview of the U.S. Hotel Industry Hotel Market Studies & Valuating - Using Hotel Valuation Software Fundamentals of Separating Real Property, Personal Property, and Intangible Business Assets Valuation of Conservation Easements Uniform Standards for Federal - Yellow Book International Right of Way Courses: 103 Ethics and the Right of Way Profession 400 Principles of Real Estate Appraisal 401 The Appraisal of Partial Acquisitions USPAP - Biennial Florida State Law for Real Estate Appraisers Florida Law Update Roles and Rules of Supervisors & Trainees Appraisal Institute - Leadership Conference Participant -41- Qualified Expert Witness Qualifications - Stephen G. Nei//, MAI Miami -Dade Broward County Indian River Martin County St. Lucie County Bay County US Bankruptcy Court, Middle District of Florida Indian River County Special Magistrate - 2010 - 2019 St. Lucie County Special Magistrate - 2007 - 2019 Martin County - 2012 & 2013 Appraisinq\Consulting Expertise ACLFs Agricultural Aircraft Hangers Apartment Complexes Branch Banks Car Dealership Citrus Groves Condominium Projects Eminent Domain Golf Courses Luxury RV Parks Bed & Breakfast Marinas Mining Operations Mini -Warehouses Organizations and Affiliations Mobile Home Parks Multifamily Residential Office Buildings Ranchland Restaurants Retail Buildings Salvage Yards Single -Family Residential Sports Complexes Subdivisions Truckstops/Gas Stations Hotels/Motels Warehouses Vacant Land Special Purpose Properties Rotary Member - Past President/Board of Directors -42- -V Ron DeSantis, Governor E Halsey Beshears, Secretary d F d a Rr CY! b I A I t OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD THE CERTIFIED GENERAL APPRAISER HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 475, FLORIDA STATUTES NEILL, STEPHEN G 1803 S 25TH STREET SUITE 1 FORT PIERCE', FL 34947.; LICENSE NUMBER: RZ12480 EXPIRATION DATE: NOVEMBER 30, 2022 Always verify licenses online at MyFloricial-icense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. see -43- FLORIDA DECISION OF THE VALUE ADJUSTMENT BOARD VALUE PETITION Indian River County DR -485V R. 01/ 17 Rule 12D-16.0 02 F.A.C. Eff. 01/17 The actions below were taken on your petition. © These actions are a recommendation only, not final ❑ These actions are a final decision of the VAB If you are not satisfied after you are notified of the final decision of the VAB, you have the right to file a lawsuit in circuit court to further contest your assessment. (See sections 193.155(8)(1), 194.036, 194.171(2), 196.151, and 197.2425, Florida Statutes. Petition # 2021-065 Parcel ID 33391200015000000004.1 Petitioner name PIVOTAL TAX SOLUTIONS Property 1000 US HIGHWAY 1 The petitioner is: ❑ taxpayer of record Z taxpayer's agent address VERO BEACH, FL 32960 ❑ other, explain: Decision Summary W1 Denied your petition ❑ Granted your petition ❑ Granted your petition in part Value Lines 1 and 4 must be completed Value from TRIM Notice Before Board Action Value presented by property appraiser Rule 12D-9.025(10), F.A.C. After Board Action 1. Just value, required 3,265,090.00 3,265,090.00 3,265,090.00 2. Assessed or classified use value,* if applicable 3,265,090.00 3,265,090.00 3,265,090.00 3. Exempt value,* enter "0" if none 0.00 0.00 0.00 4. Taxable value,* required 3,265,090.00 3,265,090.00 3,265,090.00 *All values entered should be county taxable values. School and other taxing authority values may differ. Section 196.031 7 , F.S. Reasons for Decision Fill-in fields will expand or add pages, as needed. Findings of Fact (See Attached) Conclusions of Law (See Attached) ❑ Final Decision of the Value Adjustment Board Signature, chair, value adjustment board Print name Date of decision Signature, VAB clerk or representative Print name Date mailed to arties 2021-065 Page 1 of 3 -44- Findings of Fact for Petition 2021-065: List of Property Appraiser Exhibits/Witnesses: * Billy Auton, Wayne Bibeau, representing the Property Appraisers Office (PAO) * Photos, Aerials, Property Card * Comparable Sales Approach, Cost Approach, Supporting Data * Legal Information List of Petitioners Exhibits/Witnesses: * Mr. Tannenbaum Pivotal Tax Solutions, representing property owner * Cost Approach and Supporting Evidence * Land Valuation and Supporting Evidence Summary of Evidence presented by the Property Appraiser: The Subject Property is a 37,794 square foot auto dealership (Dyer Subaru) located at 1000 US Highway 1, Vero Beach, FL. The property was originally developed in 1973. For valuation, the PAO provided two approaches to value and a land value analysis. The first valuation performed by the PAO was the comparable sales approach. The PAO provided three comparables that indicated a range from $115.17 to $250.84 per square foot. The comparables included properties located within close proximity along US Highway 1 in Vero Beach. The average of the comparables was $163.51 per square foot. The PAO also indicated that the Subject Property was purchased in 2008 for $196.07 PSF. The PAO concluded at 53% of the average price at $86.39 per square foot. The PAO indicated that the cost approach was used via the property record card and their CAMA system which is driven my Marshall Valuation. They indicated that they did not do a traditional cost approach because of the differences in the interior build outs. Within the PAO System cost approach they broke the property into many sections depending on the construction type. They included canopies, service garages, offices, storage, mezzanines, and showrooms. The replacement cost new ranged from $4.57 to $88.44 per square foot. For depreciation, the PAO indicated a range from 1% to 63% depreciation. Overall the PAO concluded at a depreciated cost new of $2,118,215 or $56.05 per square foot. The PAO also provided a land value analysis. They provided six comparable land sales that indicated a range from $16.07 to $33.90 per square foot. The PAO concluded at $6.37 PSF for 179,903 SF of land area. Overall the PAO concluded at $3,265,090. The PAO provided rebuttal in regards to the land sales used by the petitioner. The petitioner objected to this evidence. It was deemed admissible as it was rebuttal evidence. The PAO indicated that two comparables are located along Old Dixie Highway and not US Highway 1. They deemed these comparables not comparable. In addition Comp 1 has some right of way issues. The PAO also indicated that their Comparable 2 is not correct as it should be $18 PSF and not $2.86 per square foot. For Comps 3 and 4 they are also not located along US Highway 1. The PAO also indicated that some of the details in the Marshall Valuation were not included such as multipliers and impact fees. Summary of Evidence presented by the Petitioner: The petitioner provided a Cost Approach only analysis. The petitioner broke down the property into Showroom, Service Garages, Service Center, and Storage Warehouse as separate portions of the buildings. For Showrooms (Showroom/Average Class C), the petitioner used an adjusted base cost of $106 PSF, and 37% depreciation. For Service Center (Service Center/Average Class C), the petitioner used an adjusted base cost of $79.50 PSF, and 43% depreciation. For Service Garage (Service Garage/Average Class S), the petitioner used an adjusted base cost of $36.50 PSF, and 3% to 80% depreciation. For Storage Warehouse (Average Class S), the petitioner used an adjusted base cost of $40.50 PSF, and 1% depreciation. For final Storage Warehouse (Low Cost S), the petitioner used an adjusted base cost of $40.50 PSF, and 1% depreciation. The total depreciated cost new is $1,043,206. They then used $354,820 for site improvements. 2021-065 Page 2 of 3 -45- The land value was generated from four (4) land sales. They indicated a range from $2.08 to $5.31 per square foot. The petitioner concluded at $3.52 PSF or $634,123. Overall the petitioner concluded at $2,032,149 prior to a 1st and 8th adjustment. After a 15% adjustment was $1,727,327 or $45.27 per square foot. The petitioner has issues with the PAO not doing a traditional cost approach. The petitioner also has issues with the PAO using Comparable Sales as they they often include non -realty items in Car Dealerships. The petitioner also indicated that the PAO had land comparables after the date of value. In addition, all of the land comps should be considered. Magistrates Analysis and Findings of Facts: Overall, it is my opinion that given the property type of lack of information provided (verified) with the comparable sales that the cost approach is the most applicable approach to value. While, there are at times good improved comparable sales, often they do include other items, or they are an allocation of the total assets of the business (real estate, inventory, FF&E, and goodwill). However, the PAO did have three local sales that supported their valuation. Both the PAO and petitioner presented a cost approach to value. The PAO cost approach was via the CAMA system. In my opinion, the best data presented for land value was by the PAO. The petitioners land valuation included non - comparable properties and an error on the only common comparable sales. The main difference between the PAO and the petitioner in regard to the improvements was in the depreciation estimate. The petitioner used a general depreciation estimate of 44%. The PAO used a depreciation estimate of 22% for the improvements. Given consideration to the evidence presented at the hearing, overall the best data provided by each side was the land valuation presented by the PAO. This data supported a much higher price per square foot than both the petitioner and PAO estimate. The overall concluded price by the PAO equates to approximately $18 per square foot of land area. The PAO provided data that indicates land value is $16.07 to $33.90 per square foot, including the lone common sale at $18.89 per square foot. Finally, what I would deem the best improved comparable sale supports the PAO conclusion as it indicates a value of $115 per square foot of building area and $21 per square foot of land area. This data also indicates that the PAO has considered a 1st and 8th adjustment in regards to their land valuation. Therefore, it is my that the petition should be denied based on evidence presented at the hearing. Conclusions of Law for Petition 2021-065: Petition to be DENIED and Petitioner did not overcome PA's presumption of correctness: The Petitioner did not produce evidence that the Property Appraiser failed to consider the eight factors and criteria in Fla. Stat. section 193.011, nor did the Petitioner produce evidence that the Property Appraiser's value was arbitrarily based on appraisal practices which are different from the appraisal practices generally applied by the property appraiser to comparable property within the same class and county. Therefore, the Petitioner did not, by a preponderance of the evidence, overcome the Property Appraiser's presumption of correctness. 2021-065 Page 3 of 3 -46- TERRIE PELTIER STATE -CERTIFIED RESIDENTIAL REAL ESTATE APPRAISER RD #6210 6800 SW 40 Street #642 MIAMI, FL. 33155 TERRIE201@BELLSOUTH.NET 305-772-6062 lune 29, 2022 Terri Collins -Lister, Supervisor Clerk? of the Board and VAB 180127th Street, Bldg. A. Vero Beach, Fl. 32960 AXIA@cleri?.indion-river.org Dear Ms. Collins -Lister: I would lite to be considered for the position of Appraiser Special Magistrate. have over 29 years of residential appraising experience and 18 years of real estate investing experience in Florida. I have also served as Special Magistrate for 11 Counties in Florida. Due to my many years of Special Magistrate experience and Real Estate experience, I feel that I would make a great Appraiser Special Magistrate for Indian River County. Attached please find the Special Magistrate Application, Resume, License, Writing Sample (Recommended Decision of Special Magistrate) and 2021 VAB Training Certificate. Your consideration of my application is greatly appreciated. Sincerely, Terrie Peltier -47- SPECIAL MAGISTRATE APPLICATION F INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT_ & 194.035) Please type or print. If more space is needed, attach additional sheets. Applicants may supplement their application with a resume. However, a resume cannot be used in lieu of an application. Application for: ❑ Attorney Special Magistrate ® Appraiser Special Magistrate for... ;; Real Property and/or ❑ Tangible Personal Property If appointed, how much time would you be available to conduct hearings and complete your recommendations? ❑ 1 to 8 hours per week; ❑ 9 to 20 hours per week; ❑ 21 to 30 hours per week; ® 31 to 40 hours per week. Name: Terrie Peltier Home Address: 8830 SW 123 CourtUnit 1-308 Miami Fl. 33186 Mailing Address: 6800 SW 40 Street #642 Miami Fl. 33155 Business Name: Peltier Appraisals, LLC Business Address: 6800 SW 40 Street 6642 Miami Fl. 33155 Phone: Home/305-772-6062 Business/305-772-6062 Cell/305-772-6062 Fax: N/A E -Mail: Terrie20l@bellsouth.net • Copy of license referenced below. • Documentation to support membership in professional organizations listed below under Organizations. • A writing sample, which may consist of an opinion letter or other busuiess-related documentation that contains one or more written pages of original material. if you have served as a special magistrate previously, please submit a recommended decision as your sample. Do not submit a copy of an appraisal as a writing sample. • Prior to conducting hearings, all applicants are required under Fla. Stat. § 194.035 to certify completion of the current year training provided by the Department of Revenue. To obtain the training, go online to the Department's website at ht":Hdor.inyflorida.com/dor/property/vab/trs ini�htini. Return your completion certificate to the VAB clerk. Attorney Magistrate Applicant: Bar Number: Date of Admission: How many years of experience do you have in the area of ad valorem taxation: Appraiser Magistrate Applicant: Residential Appraiser License #: RD6210 Valid Through: 11/30/22 General Appraiser License #: Valid Through: Provide number of years of experience you have in the area of real property valuation: 29+ years Describe experience, and number of years you have in the area of tangible property valuation: None Page 1 v01/13/2015 -48- SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED 1N I -LA. STAT. t 194.035) 1. Educational Background See Attached Resume 2. List any experience and/or specialty for the following property types: PROPERTY TYPE EXPERIENCE/SPECIALTY Residential Real Property Single Family,24 Family, Condominiums, Vacant Land, Co - O Commercial Real Property Tangible Property Other ( lease s eci 3. If you currently or previously have served as a special magistrate, please provide the municipality or county and dates served. See Attached Resume 4. Have you ever been dismissed, terminated or denied appointment as a special magistrate for poor or improper performance? ® No ❑ Yes (please explain) 5. List any additional information which makes you qualified to serve as a special magistrate. Also provide name and contact information of at least two individuals who can attest to your years of experience in ad valorem taxation, tangible personal property or real property appraisals. 1 have over 29 years of appraising experience in Florida and have performed appraisals for the largest lendinp, institutions. I have served as Appraiser Special Magistrate in 1 1 counties in Florida over the past 8 years. Robert Blecha — 305-274-9415 ad Karen Muni -- 305-298-3980 6. Are you willing to accept the Value Adjustment Board established schedule of fees? ® Yes ❑ No If no, please indicate your schedule of fees to be charged the board on a one-hour basis. 7. Explain your level of knowledge and experience with computers and list the applications you are familiar with, including Axia. I have experience with Microsoft Word, Alamode appraisal software and Axia. 1. List each organization, recognized by the real estate appraisal industry or the professionals in that field, in which you are currently or have previously been a designated member: ORGANIZATION DESIGNATION DATE MEMBER # None 2. Ot those organizations describe any possible conflict of interest that could occur or the appearance of a conflict Page 2 v01/13/2015 -49- SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. §194,035) of interest that may prevent you from fairly conducting a hearing: 3. Have you ever been disbarred, suspended or received any other disciplinary action from any organized association, or from the State of Florida? ® No ❑ Yes (please explain) 4. List any personal or business relationship you have ever had with any officer or employee of the office of the property appraiser, office of the clerk of the circuit court, office of the county attorney or the value adjustment board of any of the counties to which you are applying: 5. List any clubs, organizations, associations, or other entities to which you belong or participate in and in which a possible conflict of interest could occur or the appearance of a conflict of interest might arise that would prevent You from fairly conducting the hearing between the property appraiser and the property owner and taxpayer. Pursuant to Fla. Stat. § 194.035, a person cannot serve as a special magistrate if he/she is an elected or appointed official of a county, a taxing jurisdiction, or the state; is an employee of a county, a taxing jurisdiction, or the state; or in the same tax year that he/she services the Board as a special magistrate, represents a party before the Board in any administrative review of property taxes. Are you an elected or appointed official or employee of a county, a taxing jurisdiction, or the state? ❑ Yes ® No If yes, please provide details: The unclersipred certiftea', under penalty, of disqualification front consideration, that each item contained in this application, or any other document furnished by or on behalf of the applicant is true and complete as of the date it bears. The undersigned authorizes the Value Adjustment Board to obtain information from other sources to verb each item contained herein. The undersigned acknowledges that, if selected, he/she will fbIlow all requirements and mandates of law in fulfilling the duties r f special magistrate. ��Da�te&21/22 Signature of Applicant Terrie Peltier Printed Name of Applicant Page 3 v01/13/2015 -50- TERRIE PELTIER 6800 SW 40 STREET #642 MIAMI, FL. 33155 305-772-6062 TERRIE201 OBELLs0UTH.NET SUMMARY OF QUALIFICATIONS • Appraised Residential Real Estate for 29 years in Miami -Dade, Broward and Palm Beach Counties. Appraising for past 3 years in Orange and Hillsborough Counties. • Specializing in Single Family, Condo, 2-4 Family, Co -Op and Vacant Land • Special Magistrate --- Martin, Broward, Hillsborough, Orange, Osceola, Pasco, Lee, Polk, St. Lucie, Sarasota, Indian River and Brevard Counties • Real Estate Investor with 18 years of experience as a buyer, seller, landlord, property manager and renovation specialist EXPERIENCE 2018 -Present 2021-2022 2020-2021 2019-2020 2017-2019 2016-2017 2015-2016 2014-2015 2009-2018 2008-2021 1993-2009 1984-1993 LICENSURE 2007 2006 1993 EDUCATION Peltier Appraisals, LLC Appraiser Special Magistrate for Broward, Martin, Hillsborough, Orange, Sarasota, Brevard, Osceola and Indian River Counties Appraiser Special Magistrate for Broward, Martin, Hillsborough, Orange, St. Lucie, Sarasota, Brevard and Osceola Counties Appraiser Special Magistrate for Broward, Martin, Hillsborough, Orange Pasco, St. Lucie, Sarasota and Brevard Counties Appraiser Special Magistrate for Broward, Martin, Hillsborough, Orange, Pasco, St. Lucie and Brevard Counties Appraiser Special Magistrate for Broward, Martin, Hillsborough, Orange, Osceola, Pasco, Lee, and Palk Counties Appraiser Special Magistrate for Broward, Martin and Hillsborough County Appraiser Special Magistrate for Martin County Terrie Peltier (Appraiser) Amerifirst Consulting, LLC (Real Estate Investor) Investors Appraisal Service Myron W. Peltier, Inc. (Appraiser Retired) Mortgage Broker's License State -Certified Residential Real Estate Appraiser State -Registered Real Estate Appraiser 1989-1990 Nova University --- Paralegal Certificate 1988-1990 Nova University -- 9 Credits away from B.A. degree In Business Administration 1986-1988 Briarcliffe College --- A.A. Degree in Business Administration PROFESSIONAL TECHNICAL COURSES 2007 Gold Coast Schools --- Mortgage Brokers Pre -License Course 2006 Gold Coast Schools — Mastering RE Appraisal Pre-Lic Course 2006 Gold Coast Schools --- 15 Hr. National USPAP Pre-Lic Course 2000-01 Miami -Dade Community College --- Certified Appraiser Course (AB -2 & AB -26) 1993 Miami -Dade Community College --- Registered Appraiser Course 1 (AB -1) 1986 Century 21— Principles & Practices of Real Estate SEMINARS, CONFERENCES, CONTINUING EDUCATION 2014-2021 Department of Revenue Value Adjustment Board Yearly Training 1994-2020 30 Hr. Continuing Education/USPAP (Every 2 Years) 2010 Defaulted Mortgage Note Training 2009 14 Hr. Mtg Broker Continuing Education -51- Cg t Z O� v ~ 0 Lry p T '- Z s- U-) ami Ln W 0 LL I— ns a Z Q E Q N n ® F-- N W E ® U ® `^ u V' Q o O<M o Ln ® Lll •o (3) w co i8 LL. W W ® ® Q � W Co b-r 0. c 0 ce, 0W LL+ f— _! uj L LLS 0 LL Q n � Z 0 ® ~ w ° o W W CL a s Q o Q Q co o cn N v Z w < U w `—� w® °�' U ® _ c/i OCLL�. o OD ® p a �', LLO �, X , .Ln ® ul w H U. o >O _ Q 0) W�` 0 a ~ 4 V a OC V) Ln W Q = o 0. = W o DECISION OF THE VALUE ADJUSTMENT BOARD VALUE PETITION FLORIDA Broward County DR -485V R. 01117 Rule 12D-16.0 02 F.A.C. Eff. 01117 1 The actions below were taken on your petition. 2 These actions are a recommendation only, not final ❑ These actions are a final decision of the VAB If you are not satisfied after you are notified of the final decision of the VAB, you have the right to file a lawsuit in circuit court to further contest your assessment. (See sections 193.155(8)(1), 194.036, 194.171(2), 196.151, and 197.2425, Florida Statutes.) Petition # 2020-: Parcel ID Petitioner name ANGEL The petitioner is: ❑ taxpayer of record [] taxpayer's agent ❑ other, explain: Property 142 WAY address PEMBROKE PINES, FL 33028 Decision Summary [0 Denied your petition ❑ Granted your petition ❑ Granted your petition in part Value Lines 1 and 4 must be completed Value from TRIM Notice Before Board Action Value presented ser by property appraiser Rule 12D-9.025(10)byp, F.A.C. After Board Action 1. Just value, required 424010 424010 424010 2. Assessed or classified use value,* if applicable 393810 393810 393810 3. Exempt value,` enter "0" if none 50000 50000 50000 4. Taxable value,* required 343810 343810 343810 FAIT values entered should be county taxable values. School and other taxing a uth ority values may differ. Section 196.031 (7), F. S.) Reasons for Decision Fill-in ields will expand or add psges, as needed. Findings of Fact (See Attached) Conclusions of Law (See Attached) El Recommended Decision of Special Magistrate Finding and conclusions above are recommendations. PELTIER, TERRIE PELTIER, TERRIE 04/01/2021 Signature, special magistrate Print name Date VAB Clerk VAB Clerk Signature, VAB clerk or special representative Print name Date If this is a recommended decision, the board will consider the recommended decision on at Address If the line above is blank, the board does not yet know the date, time, and place when the recommended decision will be considered. To find the information, please call 954 357-7205 or visit our web site at https://bcvab.broward.org/AxiaWel ❑ Final Decision of the Value Adjustment Board Signature, chair, value adjustment board Print name Date of decision Si nature, VAB clerk or representative Print name Date mailed to parties 2020- Page 1 of 3 -53- Findings of Fact for Petition 2020 The Petitioner's agent, Angel and co -council Stephanie attend the hearing via telephone. They were representing the taxpayers Joshua and Ana Victor was present at the hearing representing the Property Appraisers office via telephone. The subject is a single family home located in Pembroke Falls. The subject is a 2 story home with 2,536 adjusted building square feet. The subject has 4 bedrooms and 2.5 baths and a 2 car garage. The subject has a lot size of 12,828 and is located on a lake. The subject currently has a pool that is being installed, but was not present as of the assessment date of January 1, 2020. The Property Appraiser provided the Broward county property appraiser's certification of evidence, Subject's property record card, Aerial of subject, Subject's sketch, Exterior photos of subject, (2) Summaries of comparable sales with one taking into consideration the roof replacement and one not taking into consideration the roof replacement, Comparable location map, Comparable property record cards, DR -493, Florida Statutes and mise. information. The Special Magistrate finds the Property Appraiser's evidence admissible, relevant and credible. The Property Appraiser provided as rebuttal evidence the Petitioner's Roof estimate for $20,250 from M. Romero's roofing & inspections with comments, Petitioner's Property details on 1602 NW 143 Way, 14222 NW 23 Street, 13283 NW 18 Street, 13068 NW 19 Street, 13198 NNV 19 Street, 1938 NW 130 Avenue and 13166 NW 18 Street. The Special Magistrate finds the Property Appraiser's rebuttal evidence admissible, relevant and credible. The Property Appraiser utilized 3 comparable sales. All comparables are located in the subject's project of Pembroke Falls. All comparables are similar in building square footage, age and view amenity. The Property Appraiser's comparables are good indicators of value. The Petitioner provided as evidence the Subject's property record card, Roof estimate for $20,250 from M. Romero's roofing & inspections, Property details on 1602 NW 143 Way, 14222 NW 23 Street, 13283 NW 18 Street, 13068 NW 19 Street, 13198 NW 19 Street, 1938 NW 130 Avenue and 13166 NW 18 Street. The Special Magistrate finds the Petitioner's evidence is admissible, credible and relevant. The Petitioner utilized 7 comparable sales. The Petitioner's comparables located at 1602 NW 143 Way, 14222 NW 23 Street, 13283 NW 18 Street, 13068 NW 19 Street, 13198 NW 19 Street and 13166 NW 18 Street are all located on dry lots and are not the best indicators of value. The comparable sale located at 1938 NW 130 Ave is located on the lake, but has an inferior view and only 19 feet of lake frontage and is not the best indicator of value. The Petitioner stated her client told her there were issues with the roof. The Petitioner provided a September 14, 2018 estimate for a new roof. The estimate did not state the current roof was leaking or indicate that the roof had any negative issues. The Petitioner did not provide any evidence such as pictures, reports from contractors or roofing professionals. 1n ptrotos provided by the Property Appraiser on 11/29/18, 1/29/21 and 03/11/21 there were no tarps on the roof indicating a roof leak. The photos also indicate the roof has not been replaced as of 3/11/21. The Petitioners were unable to give any detail about the roof leak or issue. Therefore, there was not sufficient evidence the subject had a roof leak or roof issue as of January 1, 2020. The best sales to indicate the subject's value are the Property Appraiser's comparables as they were similar in adjusted building square footage, age and view amenity. The subject's market value of $424,010 is 86.3% of the Property Appraiser's indicated value of $490,782. The Petitioner did not by a Preponderance of the Evidence overcome the Property Appraisers Presumption of Correctness. The requirements for Overcoming a Presumption of Correctness are by providing by a Preponderance of the Evidence one of the following. 1. The Property Appraiser's just valuation does not represent just value; or 2. The Property Appraiser's just valuation is arbitrarily based on appraisal practices that are different from the appraisal practices generally applied by the property appraiser to comparable properties within the same county. Subsection 194.301(2)(a), F.S., as amended by Chapter 2009-121, Laws of Florida (House Bill 521). Therefore, the Special Magistrate recommends the petition be Denied. 2020' Page 2 of 3 -54- Conclusions of Law for Petition 2020 - Florida Law requires the Property Appraiser to establish a presumption of correctness. For the Property Appraiser to establish a presumption of correctness for the assessment, the admitted evidence must prove by a preponderance of the evidence that the Property Appraisers just valuation methodology complies with Section 193.011, Florida Statutes and professionally accepted appraisal practices. in the instant matter, the Property Appraiser established a presumption of correctness for the assessment because the admitted evidence proves by a preponderance of the evidence that the Property Appraiser's just valuation methodology complies with Section 193.011, Florida Statutes and professionally accepted appraisal practices. Since the Property Appraiser established a presumption of correctness, the Petitioner must overcome the established presumption of correctness by proving that the admitted evidence fails to prove by a preponderance of the evidence that: (a) the Property Appraiser's just valuation does not represent just value; or (b) the Property Appraiser's just valuation is arbitrarily based on appraisal practices that are different from the appraisal practices generally applied by the Property Appraiser to comparable property within the same county. In the instant matter, the Petitioner failed to overcome the Property Appraiser's established presumption of correctness because the admitted evidence fails to prove by a preponderance of the evidence that: (a) the Property Appraiser's just valuation does not represent just value; or (b) the Property Appraiser's just valuation is arbitrarily based on appraisal practices that are different from the appraisal practices generally applied by the Property Appraiser to comparable property within the same county. Therefore the appraisal should be upheld. 2020- Page 3 of 3 -55- -56- M" N Q � O N idr �• m m CD {D CD � 0 0 ruilk Mi r+ 00 C CD n DIPAMIM of N '-, � RMNIX 0 > > C l V CD CD _. CD __• p to Cl) m A� f . 91) m -56- CATIB A � ....:SPECIAI,IVIAGISTRATE A,PPLI INDIAN RIVER COUNTY VALUE ADJUSTMENT :: (APPLICANTS MUST MEET OUALEMATIONS:OUTLINED:IN FLA STAT & 194.03 : :. Please type or prinf: If more space is needed; attach additional sheets. Applicanls'inay supplement their application ' ease .. with j? resume. :However, a:resume cannot be used in:lieu ofanapplication • , .Application: for: .Q Attorney. Special Magistrate :..: ` xx Appraiser -Special Magistrate P and/or []:Tangible Personal Property xx Real Pro ' :. ' If appointed, how much time *Oxild you be available to ;conduct hearings and complete your recommendations? x %k :. -to 8 hours per week; Q 9 to 20 hours per week; ❑ 21 to 30 hours per week; El 31 to qO hoots per wee Name: Stephen J:`Bo.le MAI :::.. Home Address • : 2257 W: Ocean Oaks' Circle Vero Beach FL 32963 Mailing:Address:.... Business Name: Boyle&Drake.,:: BusWess Address 80 Ro y al'Palm Pipirite.' Suite 401 Vero Beach FL 32960:: Cell/772-538=1303 Phone: oma/ = = Business/772' 778-7577 Fax: E -Mail:' Ste hen o'ledrake.com DOCUMENTATION • i ,,application, Verification o Copy of license' referenced below. • .Documentation to support membership in professional organizations listed: below under Organizations. • ` A writing sample, which may.consist. of an opinion letter or other business-related: documentation that contaiii9 :one or rncirb:writtenpages of original material: Ifyou have served as a'special magistrate previously, please submits recommended decision as your sainple.:Do not submit :a copy of:an appraisal as writing:•: = sample.- ::. Prior_to conducting hearings; all: applicants.are requiredvnder Fla.• Stat. § 194.035 to ceitifj! completion of the current year training provided by the Department'of Revenue: To obtain'the training, go online to Department's:website at hitn r.mvflorida•oom/dor/nronerty/vab/trainiri html:: Return your completion:::: certificate to the VAB clerk. " Attorney Magistrate Applicant: Bar Number: Date of Admission: ears of e. erience do • u have• in the area of ad valorem, taxation: , ' ....:How many. Y xP. Y° � - ..:: ....: • :. • . - .:.: Valid Appraiser Magistrate Applicant:Residential Appraiser- License #; • - Tmough: .. • - - • • ... • . .:: General Appraiser LieenSe #: :: RZ 699 • ...: -Valid 'l'hxough: 11%2022 Provide number of years of experience you -have in the area of real property valuation: 40 Describe experience, and number ofyears you have.in the area oftangible property valuation: . Page • - -••-• •- v01/1312015 :. 57-...: SPECIAI;'IVIAGIS.TRATE APPLICATION...: _ INI L4,N RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS.OUTLINED:IN FLA. STAT. S 194.035):: = I. Educational Background See attached g p. P 2.• -"List any. bxpbrience. and/or specialty -for the.followin roeAY tYP es ::. EXPE PRI PE TYPE' • RIENCE/SPECIAI:TY Residential RealProperty end residential prop drty .. Commercial Real Pro e All `commercial property- es '• :. Tangihie.Pro a None :..': :..'= -� '• : .. Pro .used -develo inerts olf courses, a iculturalpropertyp • • � Other= leases specify) • • - • • - If you currently or previously have served a5 a special magistrate, please-provide the municipality or county and dates- served. Brevard Coup 2020 and 2021 and St: Lucie Cou 2022 2003 & 2004 :4. Have .you ever been dismissed; terminatbd. or denied. appointment:as a special magistrate for poor or improper' . . N❑ o Yes (please perforinance? : Xexplain) :-5. List any additional -information which makes you qualified to serve as a special magistrate. Also provide name'' ::.and contact information :of at least. two individuals who can attest to_ your years:of experience in ad -valorem i6ri .. :.:.: - taxation; tangible personal proPerty'br real property appraisals. appraisals. served as a spbcial magistrate: in Brevard County ovef the oast 2 years Most of my cases were coniolex commercial pro erties: I have.also'testified: innumerous tax a eats in Martin 'St Lucie and IndianRiver counties :. over the last several years Please coniact'Mike UU phrey 772-226-1478 :at the Indian River County�PA's off & and Nicole Summers' De u Clerk Value Ad ustment Board Brevard Coun 32I-637-2001. 6.: :.Are you willing to accept the Value. Adjustment Board established schedule of fees?.X Yes E114o If.no, please indicate your schedule of fees :to be charged the board on a one-hour basis. 7.: Explain your.level of kaowledge:and ex erienoe:with computers and list the applications you are familiar:with, including Axia.... ... ... I have-used xia Word Excel and Zoom'for several ears. d ORGANIZATIONS :..: 1.:: List each :organization,:recognized by the real: estate appraisal industry or-the professionals in that field, in which you are currently or Have previously been a designated member ORGANIZATION : " DESIGNATION DATE" MEMBER # Appraisal Institute 10/1993::: 32473 Page 2 .. ..... ..... .:.... .. ' � :: .: � v01/1312015 Q ...SPECIAL1VIAGISTRATE APPLICA'II ON : INDL4,N RIVER COUNTY VALUE ADJUSTMENT BOARD ..... • ; : :: (APPLICANTS MUST: MEET QUALIFICATIONS;OUTLINED:IN&A. STAT. 2. Of ttio'se organizafions describe any poss ilile conflict of interest that could'ohour or the appearance of a conflict' of interest that may prevent you•froni fairly conducting a hearing: "Non = `3. Have you ever been disbarred, suspended or received any other disciplinary aciiori from any organized . association; or from.the-State of Florida? X:No.:❑ Yes (please explain) List any personal or business relationship you: have ever:had with any.afficer or employee of the office of the propertyappraiser, office of the'elerk of the circuit court, office of the county attorney or the-value adjustirient board• of any of thecounties to which you are applying: .... .. None • - .. . " :.:5. List any clubs, organizationsi:associations,:or other: entities to. which you belong or participate in and in which a::: possible conflict of interest could occur dr the appearance of a conflict of.:interest might arise that:would prevent ' " ;you from:fairly conducting the hearing betweenthe property.appraiser and the'}irgperty owner and taxpayer:-: uail 'Valle however, it would not -create a-conilict. In addition if ersonall know the etitioner T would • :.:withdraw. from the hearing . Pursuant to Fla .:Stat. § :194.035, a person cannot serve as a special magistrate if helshe is an eleofed or appointed official of a.county, a taxing jurisdiction;'or the state; is an employee of.a'county, a taxing juristate; or diction; or the s :in the same:tax year. that he/she services the: as a special magistrate, represents a party before the $card in any:: adminisirahve review of property taxes..: :Are you an elected or appointed official or employee of.a.cQunty,"a taxing 'urisdiction, or the state? ❑.X Yeso . :If yes,'plGaje provide details: The undersigned cert f es, under penalfy of disqualificatiari from consideration, .that each item contained ih this • " .•ff PP p f = :application; or any. -other document furnished: by or on behal o the a licant is: true and com Tete as o 'the date it 'bears.: 'The'undersigned authorities the Value Adjustment Board.to obtain information from-other sou'rce's to verb each.item contained het cin: -The undersigned acknowledges that, if selected,. he/she will follow all requirements and mandates of lacy in fu f iling the dutiQS of speciallnagist? af.- ..• , _ Date: 7/30l2022: • - • Si ' ature of A ' licant7-4 " Ste hen' J. Bo le MAI " Printed Name;of Applicant .. .. .. .. .Page 3 ..: ... . ,.. • - • • .. • .... .. .. 01/131301 :.:-:' BOYLE &DRAKE, INC. •.Other*Real Estate Courses Taken Principles of:Real Estate Analysis: . Real Estate and Urban Development' Investment Analysis- Financial nalysisFinancial Analysis = . "Appraisal Instruction and Related'Services On the Board of Directors for the East Coast-Chapter- ofthe Appraisal Institute Served on 'the Experience Review Committee for the Appraisal Institute Author of "Helpful Hints'to Writing a Convincing Appraisal" : Provided to the: South -Florida WaterManagement District Author of "Communicating with your Appraiser' rovided to: various.Boards .of�Realtors and other organizations Real Estate and Aunraisai Ezperieiice , Employed.by Boyle &'Drake, Inc.,-September 2021 to current "Owner of Boyle &c Drake, inc.;: August: 1996 to.August 2021:: :... Owner of Boyle-'Appraisal Service, November 1993 to July 1996 ' Employed as a Review. Appraiser for Midlankic Bank,:May 1992to November 1993 Employed-as an Independent:Contractor to Perform Appraiser and Consulting Services Callaway &Price, Inc:; May 1985 to May. 1992 Employed as: Appraise' Aesearcher. Callaway & Price Inc., July 1984 to May 1985::: Employed as Real Estate Salesman, September 1983 through. July 1984 . ::Employed:as Right-of-Way:Specialist Florida Dept. of Transportation; Apri1:1980 to June1981 :. Tvpes of Property. Appraised, Market Studies sand Feasibility Studies Appraisal, -appraisal review and .- consulfing services have::been performed on. the :. . following .types . o£ property. in Florida.:for individuals, .corporations; baidcs,. attorneys, . governmental agencies, savings and loans, mortgage companies and developers::. :.- Acreage (1,000+acres):•' Feasibility- Studies 'Marinas- :.: Agricultural (Vacant & :: (Res. I�evelopi4d#ts) .: Market Studies Improved)' : ' Golf-Co' : (Residential,velopments) De Apartment Complexes Groves Mitigati0 nBanks . . Aum toobile Dealerships High-Rise Mobile Home Parks Condominiums. Motels/Ho tesBeachfrontPropeties -M lti Cn:ercial Buildings.:-(Proposed). .. fainily P rojects r Condominiums. Income Properties: Planned Unit ; :.C_onvenience Stores : Industrial Parks Developments: -: Estates Office Buildings R:V: Parks BOYLE &.DRAKE, INC. :Retail Buildings � :::: :::: Special:l�Iaster for SLC ; :: Waterfront Conercial : ; , Restaurants. &Brevard Tax Residential Properties:: = : - - Properties: `1Vetlancls &other. .Appeals): :.Shopping:Centers: ; Subdivisions Environmental :Sensitive =Vacant Land, All es: Purpose:. ........ Properties-'S Prp s, Warehouse Buildings.:.: o ernes Ine :.:, .. (M etc..):.:, = :.. 'Appraisal Review Eg erience .• erformed' for various banks :including Wachovia Appraisal review services arep(now . .Wells Far gio) and other goverriinental :agencies: The following is a partial list of clients:::.: Fiorida Communities-Trust Florida Department of Erivironmental.Protection (DEP) :.::South Fioi ida Water Management Dig t. ict :.. St. Johns River Water Management District..: ; St::Lucie County Martin County .: :..: :... .... Brevard County:: Indian River.County BOYI,E &.DRAKE, INC. ' The following is' a partial lisvof banks, .governmental agencies, for which we have perforimed appraisal or -consulting work... • . . Banks &FinancialInstitutions: Aflaritic States Bank: at Pilin Beach:N ional Bank Bank of America::::: .. PNC Bank. 'of Boston: = = RBC Republic Bank• JP Morgan Chase Beal Service Corporation : Republic: Security Barik -'Citibank :..: eacoast�Bank - •• Comerica Bank thSBank: S ou tate - 'C.oun 'County • Farm Credit of $.outh Florida . Shelli State Bank Shelby Harris'Trust SunTrust Huntington Bank Bank - - 'Bank.:' ::.. = Bank and Trust alley Ba : . :.National :Commerce:Bank ::: •; :Wells Fargo: New York Comunity Bank' : NorthernTrust Bank , . Governmental Agencies:: . :... :. FL Department of Transportation City of Ft. Pi rce - • The �De artment of Environmental:Isrotection-(DEP).: p =:: � Martin County::: • .. - .. Florida Communities Trust (FCT) of Stuart : - :Federal-A�iiatiori -Administration (FAA):, .8revaid County.:. . "Freddie Internal Revenue Service Mae.. ::. .-) . merit. St: Jdhn's River Water.IVlanageDistrict Fannie Mae' Florida Water: Management District gown o f Jupiter . :-South Indian River County Trust for'PubliaLanci ... IND):: Florida Inland Navigation District. 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LC-+f'J � '"�"'w'r�'�,--r"`f•'�t 'i"r �-$ - - Finding. of fact for petition number 2020 -00564 List of Property Appraiser's witnesses and exhibits: Tony James representing the Property Appraiser's Office. Property record card, the request for evidence, photos of the subject, a location map, information regarding the subject property's services and rooms, a brief market analysis, a cost approach with land sales and information from Marshall Valuation Service to support the cost approach inputs, and building permit information for the subject property. List of Petitioner's witnesses and exhibits: Greg Kennedy and John Trewhitt from and John Thigpen, MAI and Brad Johnson, MAI from Integra Realty Resources. An appraisal of the subject property. Summary of evidence presented by the property appraiser: The subject property is an Assisted — Care Living facility known in Indian Harbor Beach. The property record card indicated that the subject property was comprised of three (3) buildings for a total of 97,486 SF of gross building area and located on 4.02 acres. The original building was a hotel, containing 69 units, and built around 1968 per the petitioner, but shown as 1986 on the property record card. In 2016, the original building was renovated plus one building, containing 15 units, was added. In 2019, the 3rd building was added that contains 31 units. The facility contains a total of 115 units. The Property Appraiser established a market (just) value at $12,420,270. The property appraiser's valuation was based on a cost approach only. Because the subject property is a special purpose property just a cost approach was presented. The PA presented four comparable land sales that sold between $3.58 per SF and $9.22 per SF. All of the comparable sales were considered inferior to the subject's beachside location and as a result the property appraiser concluded at the upper end of the range or at $10 per SF. The value conclusion, for the land as vacant, was very similar to the vacant land conclusion by the petitioner at $10.50 per square foot. The property appraiser classified the subject buildings as a "Good Quality Class C Assisted -Living Condominium" and utilized a base rate of $170.65 per SF after adding in for fire sprinklers. The appropriate multipliers were applied for each -73- building and an adjusted base cost from between $157 per SF to $166 per SF was utilized for the three different buildings. In the cost summary sheets provided on pages 17, 18 and 19 of the property appraiser's evidence, the replacement cost new of the improvements was indicated at $4,303,915 for building 1, $3,569,371 for building 2 and $5,330,948 for building 3, for a total of $13,203,344. Based on the dollar figures shown in each summary, including the open porches, screen porches, utility area and carports, not all of these figures summed to the total improvement value correctly. Based on the cost numbers shown on pages 17-19, the correct total improvement values were as follows: $4,503,049 for building 1, $3,630,714 for building 2 and $5,336,445 for building 3, or a total of $13,470,208. Adding land, valued at approximately $1,840,000, indicates a value by the cost approach of $15,310,000 or approximately $270,000 higher than shown on page 19 of the property appraiser's evidence at $15,043,000. The PA utilized the cost approach at $15,310,000 (corrected) or $157 SF and concluded the subject's market (just) value of $12,420,270 is reasonably supported. The admitted evidence was determined sufficiently relevant and credible to reach the preponderance of the evidence standard of proof, Rule 1213- 9.025 and 12D-9.027. It is noted that the just value of $12,420,270 is approximately 19% below the revised indicated value by the cost approach. It appears that the implied market (just) value of $12,420,270 did consider the eighth criterion per Section 193.011, FS. Summary of evidence presented by the petitioner: An appraisal of the subject property was prepared by John Thigpen, MAI and Bradford Johnson, MAI from Integra Realty Resources. The appraisal was submitted and accepted in to evidence. The purpose of the appraisal was to provide a range of just value of the real estate for ad valorem tax purposes as of January 1, 2020. The appraisal indicated that the facility is an assisted -living, memory care facility with the original building constructed in 1986 per the property record card (testified to actually being constructed in 1968 as a hotel), with renovations and additions added in 2016 and 2019. The buildings contain 115 units and is a total of 106,333 SF of gross building area. (It is noted that the petitioner's estimate of gross building area included the porches, carports and utility rooms not just A/C -74- area.) The property was 92% occupied as of the data of value. The intended users of the appraisal report include Zon Management Inc. (the owner's) and the Brevard County Property Appraiser. The definition of just value was provided from the Florida administrative code 1230 -1.002 (2). The three approaches to value were utilized to develop the going concern value. An allocation of value was provided to estimate the real estate value. The real estate value was used to develop the just value of the subject property. The contributory value (market value) of the real estate only was estimated to be in the range of $10,594,662 to $11,782,312. An assessment ratio of 85% was applied to estimate the range in just value of $9,000,0000 to $10,000,000. The appraisal classifies the building as a "Class C, Multiple Residence, Elderly AFL structure of Average to Good quality" by the Marshall Valuation Service. (This differs from the property appraiser's classification of the building and quality of the building been rated as just "good quality".) The condition of the subject was rated as good overall and it is noted that the facility was expanded and renovated in 2016 and 2019. The effective age was concluded at an average of 15 years with the remaining economic life of 35 years and a total economic life of 50 years. The highest and best uses was for continued use as a senior housing facility. In the valuation of the going concern, an income approach and a sales comparison approach were presented. The subject's rental rate structure was compared to five local facilities that were all within 9 miles or less of the subject. The subject's assisted living and memory care rents were determined to be within the range of the comparables. Historical income and expense for years ending 2018 and 2019 were compared to the projected pro forma for January 1, 2020. The projected net operating income for 2020 was estimated at approximately $1,835,000. A capitalization rate of 8% was utilized and indicated a stabilized value of $22,900,000 for the going concerned value of the subject property. Sales comparison approach was presented with six comparable sales of similar facilities within the state of Florida. The comparable sold between June 2017 and August 2018. The comparables varied in age and size and included from between 34 to 189 units. The comparable sales indicated a range from $116,667 to a high of $292,900 per unit and a sale price per square foot ranging from $174 to $347. The sales indicated effective gross income multipliers from between 3.872 to 5.29 and overall rates ranging from 6.5% to a high of 7.81%. -75- Based on the comparable sales analyze, the appraisal concluded between $185,000-$195,000 per unit or a value range of $21,300,000-$22,400,000. Based on the effective gross income multiplier of 2.75 to 3.25 a range of value between $19,900,000 to $23,500,000 was indicated. The appraisal concluded both units of comparison were well supported, weighed roughly equally and indicate a going concern value of $21,900,000. Again, to estimate the value of the real estate only, the cost approach was used. In the cost approach three comparable land sales were presented which range between $8.81 SF to $12.18 per SF. The appraisal concluded at $10.50 a SF or $1,840,000 for the land as vacant. This was similar to the property assessors estimate of land value at $10 per square foot. In cost approach, the appraisal utilized Section 12 page 20 from Marshall Valuation Service for Multiple Residences, Elderly ALF properties. The quality of the building was considered to be between "average and good" quality with an average of approximately $104 per square foot. To the base cost, adjustments were made for the sprinkler system, current cost and local cost multipliers. The adjusted cost was calculated at approximately $100 per SF. This was applied to the total building area of 106,333 SF for a building cost new of approximately $10,668,000. Site improvement cost for landscaping, signage, sidewalks, parking lot, etc. were added for a total replacement cost new of $11,278,000 or approximately $106 per square foot. Soft costs were added for financing, marketing and income loss during lease up, for a total of 10% plus entrepreneurial incentive of 15% for a total cost new of approximately $14,202,000 or approximately $140 per SF. In the cost approach summary, the total cost new was re -analyzed at both a 10% and 15% entrepreneurial incentive and indicated a range from approximately $13,600,000-$14,202,000. Depreciation was then subtracted. From the low-end of the cost new range, 36% depreciation was subtracted. From the high end of the range, 30% depreciation was subtracted. The result was a depreciated value of the improvements ranging from approximately $8,754,000 to $9,942,000. Land value was then added for a total estimate of market value of the real property that ranged from $10,600,000 to $11,800,000. The depreciated value of the FF&E was added at $710,000 for a final range from $11,300,000-$12,500,000. Because the FF&E is not included in the Real Property assessment, the value indications ranging from $10,600,000 to $11,800,000 or an average of $11,200,000 is applicable to this Finding. Again, an assessment ratio of 85% was applied to the -76- range of market value to estimate the range of just value from $9,000,0000 to $10,000,000. During testimony, the petitioner concluded to a just value of $9,500,000. Rebuttal: None Special magistrate's analysis and finding of facts: Both the PA and the petitioner agreed that the cost approach was the only approach necessary for a credible valuation of the real estate. Both used MVS for their cost .information. The main variation between the two valuations in the cost approach was the PA used of good quality rating and a base cost at $170 SF versus the appraisal that used of an average to good quality rating and a base cost of $104 SF. In addition, the appraisal used a different classification of the building type. In the property appraiser's evidence, the recent building permit information was provided. Based on the building permit information, the cost for building 3, which was built in 2018-19, equated to approximately $3,653,225 or $119 per SF for the 30,771 SF. It is not known if the estimated cost shown on the permits included soft. cost. Assuming soft costs were not included and adding 25%, as indicated on page 49 of the appraisal submitted by the petitioner, this would indicate a total cost new for the building improvements of approximately $148 per square foot. When compared to the total improvement value as shown for building 3 on page 19 of the property appraiser's evidence, the total cost new including the open porches and extra features equates to $5,336,445 or $173 per square foot. As a result, it appears that the property appraiser's rating of the building as "Good Quality" has overstated the actual quality rating. The appraisal's rating of the building improvements between Average to Good quality, appears more supportable. The replacement cost new in the appraisal's cost approach of $14,202,000 equates to $134 per square foot. Property appraiser established the presumption of correctness by a preponderance of evidence that the just value assessment was arrived at by complying with section 193.011 FS and professionally accepted appraisal practices, however, the petitioner provided a preponderance of evidence that the property appraiser's estimate of just valuation does not represent just value. However, the record contains competent substantial evidence that cumulatively meets the requirements of section 193.011 FS and professionally accepted -77- appraisal practices. Therefore, the special master has established a revised just value at $11,200,000, based on excluding the FF&E from the petitioner's valuation of the real property as discussed above. Although stated in the evidence submit by the petitioner that just value of the real estate represents 85% of the value allocation attributed to the real estate, no additional evidence was submitted to support the 85% reduction. Therefore, no additional reduction was been applied. As a result, the revised estimate of just value, that was based on the evidence presented was established at $11,200,000. Conclusions of law for petition 2020-00564 Provisions of section 194.301, FS require that the just valuation standards of section 193.011, FS, which includes the eight criteria, must be followed regardless of whether the property was sold, the valuation approaches used, whether single property appraisal techniques or mass appraisal techniques were used. Based on the evidence submitted and accepted in to the record, the petitioner provided a preponderance of evidence that the property appraiser's just value does not represent just value as a result of not fully considering the 5'h criterion. As part of an administrative review under Chapter 194 Part I and III, F.S., a revised just value was established because the record contains competent substantial evidence of just value, that meets the necessary criteria and supports the just value as of January 1. The establishment of the revised just value is authorized by law under section 194.301 FS. and as a result, it has been applied in this administrative review. The petitioner is granted partial relief. -78- a SPECIAL MAGISTRATE APPLICATION s INDIAN RIVER -COUNTY VALUE ADJUSTMENT :BOARD .(APPLI,CANTS.MUSTMEET.QUALIFICATIONSOUTLINEb.INTPLA-STAT. &•194.0351 Please type or print. If more space is needed, attach additional sheeis. Applicants may supplement their application . with a resume. However, a resume cannot be used in lieu of an application. Application for: [] Attorney Special Magistrate X Appraiser Special Magistrate for.;: Q Real Property and/or X Tangible Personal Property If appointed; how much time would you be available to conduct hearings and complete your recommendations? As needed &scheduled. 1 to:8 hours per week; ❑ 9 to '20 hours per -week; 0 21 to 30 hours per week; El 31 to 40 hours per week. ® .i I' 1" L 1 L .11V 1 1 .• F V Ani .1 Flame: Pamela B. Andrea A.S.A. Home Address:. 6149 Kissen en S rin s Ct. Jacksonville F132258 ; Mailing Address: sarne.as above Business Name: FE' & E Valuation Service . Business Address: same as:ab_ ove Phone: 1-16me/904-800-2411 Business/954-5584858 Ce1U954-55811858 Fax: E -Mail: ffevalservia)aol:com • Copy -of license referenced.below. • Documentation to support membership in professional organizations listed below under Organizations. • A writing;$ample, -which'--may consist. of an, opinion letter or other business-related,documentation that contains one or. more .written .pages of. original . material. If you. have. served as a special ' magistrate previously;please submit a recommended decision as your sample. Do not submit a copy of an appraisal as a writing sample. • Prior to conducting hearings, all applicants are required under Fla. stat. § 194.035. to certify completion of the current year:training.proAddd by the Department of Revenue. To'obtain the #raining,go online to the Departmeni's.website at Iittylldor mvflorid'a com/dor/proneity/vab/trainine.htraL Re{gru your completion certificate to the VAB clerk. Attorney Magistrate Applicant: Bar Number: Date of Admission: How many years of experience do you have in the area.of ad valorem taxation: . Appraiser Magistrate Applicant: Residential Appraiser License #: Valid Through: General Appraiser License #: Valid Through: Provide number of years of experience you have in the area of real property valuation: Describe experience, and number of years •you have in the area of tangible property valuation:: over.20 -years Page i Al/1312015 -79- i . Educational Background : See attached Resume 2. List any experience and/or specialty for the following property types: Served as a special magistrate, please pmunicipality the mnicipality or county and 3. If you currently or previously have dates served. See attached list. 4. Have you ever been dismissed,: terminated or denied appointment as'a'special magistrate for poor or improper performance? X No Q Yes (please explain) 5. List any additional information which makes you qualified to serve. as a special magistrate. Also provide name and contacifinformation of at least two individuals who Bari attest to your years of experience in ad valorem' taxation, tangible.personal property or real property appraisals: HeatherPele VAB Duval'Coubty Ann Clar VAB Palin Beach Co 6. Are you will ing:to accept -the Value, -Adjustment Boara established schedule of fees? [],Yes [] No If no, please indicate your schedule o of fees to be charged the board on ane --hour basis. . see attached,- per last ear's schedule 7. Explain your level of knowledge and experience with computers and list the applications you are familiar with, including Axia. Familiar with Word Excel & Axia. on, .recog 1. List each organizatinized'by the real estate appraisal industry or the professionals .in.that field,in which you are currently or have previously been a designated member. ORGANIZATION DESIGNATION DATE MEMBER # See Resume AS, 1997. 9513 2. Of those organizations describe aiiy.possible conflict of interest that.'could occur or the appearance of a conflict of interest that may prevent you from fairly conducting a hearing: None Paget' vol/13/2015 -80- G� SPECIAL: MAGISTRATE APPLICATION MIAN•RIVER CO[TNTY VA�.CT ADZUSTIVIF BOARD 3. Have you ever been disbarred, suspended . or received tiny other disciplinary acuon iron, uuy 6K assotiation',-or from the State of Florida? X No CJ Yes (please explain) 4. List any peisonal•.of business relationship you have ever had withany officer.or employee ofAe office -of the property appraiser,. office of the clerk o£ the circuit court, office of the county attorney or the'value adjustment . board of any of the counties to which you are applying: Nppe 5. List any clubs;organizations,. associations, or other emities•to which youbeIong or.psrticipate.in and in which.a possibie confiici.of interest could occur'or.the. appearance of a conflict of interest might arise that would prevent YOU from fairly conducting the •hearing between the property appraiser and the property owner taxpayer. None ' i Pursuant tq FIa..Stat1:-§ ].94.b35, a persoia`cannot serve 'as a special magistrate ifhe/she :is an elected or appointed official of a county,;a.taxing jurisdictionOr-the 'state; is an;emoloyee,of;a county, 4 -taxing jurisdiction, or the state; .servicas the Board as a special•magistrate, represents a` party before the Board hi or in the same taz year that he/she any administrative review of propeity.taxes. Are you an elected:or appointed`ofl cial of employee of a county, a taxing jurisdiction, or. -the state? [] Yes X No If yes; please provide details; , i..;- . J ` than each item contained in this The •undersigned,-certi�es;.under'pentiliv ofdisgualificatron from consideration,. Application, or any.'oYher' document furnished by or on •behalf of the;applicdnt is true and cbmplete as of the date it bears. 7We undersigned authorizes the Value Adjustment Board to vbtaih-* 0ormaYfon from other sources to verify each item ;contained •herein. The undersigned acknowledges that, if selected, he/she will follow all requirements and mandates of law in fu flling the duties of special magistrate. Daie:` 02 Piatnure of Applicant Pamela B. Andrea Printed Name of Applicant Page,3 v01/13/2015 _81- i INDIAN RIVER-COUNTY'-Vp;LUE..ADJ STMENT`BOARD ;AND PAME:A B. ANi7REA; A:S.A, SPECIAI,.IVIAGiiSTiZATE:AtEE]VIENT (TANGIBLE) EXHIBIT "As' ARTICLE --2. :FEES 2.1 ThejBOARD shall pay or reimburse the.SPECIAL.M ISTRATE at the rate of $1.05.00 per hour for his/her services. 8'. —A shall be •paid for. a minimum•of two (2)•hours of his or her'time for each day the SPECIAL .MAOiSTitA•'TE is scheduled'-and.repoits for*hearings.-.. 2.2 Travel expenses pursuaxit to. §112.061-• F.S shall lie paid to :the SPECIAL 1vIAGISTRATE for travel to and . from the -SPECIAL MAGISTRATE'S -business office and i6 IndianRiver.County.Adbiinistration Building.at 1801 27th. Street,i Bldg "�'--'; Vero Beach; Florida, provided the distance -between the Special-Magistrate'•s businesso`ffice, or residence, whichever is closer, and the aforesaid County Administtation Building- exceeds twenty-five (25) iiiiles, one-way. . 2.3 Lodging.Expenses,-puisuatit to- 112:061.F.-$. dor hotel 66ni mpdations.shall be paid:to the SPECIAL MAGISTRATE M :rate not to exceed $ i-60.00 per night.: Receipts are -to be: submitted with your invoices. 2A Nolmai office supplies consumed in the course of thisprojecf Will riot bo reimbursable -82- • Appraiser ' of ..Machinery • and Equlpinent with' expertise: An furniture, fixtures, automotive; bakery, bankirig- CNC/metal_ =fabricating, computer/rretworkin'g, cozistructioiitpaving, deli/food processing, fa.rm�/Togging, golf. course, - hotel/resorts,- lawn/garden/landscape, manufacturing, ; medical, movie- theater/video production, 'musical instruments, nursery, off ce,: outpatient surgery,. printing, radio station, restaurant, sawmill' and screen printing: • Office: Manager for various real, estate and litigation- lata firms, including equipmeiif purchasing-and•financial-account. management. • ;Healtfi Care... administration -.and` consulting; development and 'maraagefhent of public, relations and marketing plans ; and • •budget, `coordination .of real - estate purchase eAd' renovation of medical center; design, layout and purchasing: of furniture and:equiprrient for.•medicai . practices; development. of training programs for support staff; financial Account.mariagement. • Expert Witness Testimony: - • Special .Magistrate., .Value Adjustment. Board.: (last & Present) ---Bay County., Brevard- County, buval*County, IHerriaiido,:'Cotnity,:Indian River County., .,,Leon County,: Martin ' rCounty, .Miami -made . 0Wity, Nassau CQunty, Orange County, Osceola. County; Pasco County,: Palm. Beach County, St: Lucie'Coiunty, Seminole County and-Volusia County, Florida. PROFA16NALIAEMBEPtSHIPS: • American. Society of -Appraisers Accredited Senior -AP praiser., Machinery 8yZ`echnical Specialties,. .1997 President, South.Florida Atlantic Chapter, 2001-2002. Firstslice President, South Florida Atlantic Chapter, -2000-2001 Second 'Vice President, South Florida Atlantic Chapter, 1999-2000. Secretary, South .16rida Atlantic Chapter, 1"8-1999 Treasurer, South Florida Atlantic Chapier;:1997 -1998 Co -Chairperson .'of Personal. Property -Committee, South Florida Atldhtic:Chapter, -1995 =1997 Chairperson of;Education Committee, South Fioriaa`Atlantic .Chapter; ].995 -7997 -83- • i Qualifications. of Pamela j3-.Aarea, A.B.A. Page •2 EDUCATI61C. American Society of Appraisers, Appraisal --Courses ME 201 Introduction to ' MacliinerY aiid' ' Equipr-neAt.Valuation, i 1.993 ME 202 iViachinery and Equipnient'Valuation Methodology, 1993 ME 203 Machinery and Eq!iiprn.ent.Valuation:• - Advarics4-Topics and Cage'Stuclies, 1993 ME 204 Machinery and EquipmentValuation: Advanced.Topics acid Repoi.rt•WAting,• 1.996 Uniforin Staridards of Professional Appraisal Practice (USPAP), 2020. A-11,303. Appraisers as Expert Witriesses, 2002 ME 209 :Coriiputer Valuation and Portfolio Analysis; 2002. A11301.Asset and Value- Differences Aniong Disciplines, 2003 All 300 'Appraisal Review for the Practicing Appraiser; 2004 I .All 207 Introduction.: Advanced-Applicatinnof the Cost Approach, 2005 :.. All 220* Fthics and the Appraiser, .2011.- Economic Obsolescence, 2013 'Sharpening Your Appraisal Toois3;2015 f ABCs of testiri ony:•Attorney•Tricks.and Witness Traps, 2020 'The Producer Price Index: What is it and how to use it properly, 2022 • Miarhi-Dade Junior College, Miami, Florida, 1967-1969 : ' • I Katharine Gibbs: School, Neu' York, Ne%k. York; .1969-1970 84- is omw �,giOp p►Y;'lfdPi''. VAS 'U00"No tD Dow Date d{earin$: Attendees Special M$ strafe'• ' PtL 1.ieia-B. Antlreg,.A 'i .. i tS' p ppii aiser d?► heli ProperE�V °Pe i Taiigibl"e,{sitC4* � ' - ':'r�gt`151e;Atiditbr. •' ... - :Tahgibld Auditor • ent fiir F'.etttigner;. . • . .. :Ytii�ic aiYd �n eTl�l$„t''aC@5 • .. .. • • . = are; the : PAPS' 6 va 5� s 10c0tians. mid. , of .the': " eafftg: The s'ubjects h_ _ rfv 1 P#�? , :Pl'j: of.:a3 3`altpyeYs_7ciutitri$�; _ }�_•t!1� yy j...: - � (tj �� ;; �dithii%• t�ii�b ::7'he hearmg.was-. . coniuenced;arid $p y �';I+RagisEzate`gavea.�horh'avotisnew',of;#�►er+�lds;cf'�r�c�duie,:adniiri$tive is3ues :. . anii'opemng stAteitteh[.necessaryko:'con$uct•`t�i��ta (deeiiiie,I2i?-�:2U4(�)•Arid.(4}atid{b1,F.tA.�`_� Both.'pas ties. aTe .sesponsii le . dr: presetzi g ;iblevAYit at d `LredrliTe: gidence to support;ihoii, voluatiotis. to must con9icler tYiC`tveig t o }I = tridii3k 'fiq`A st iiiietd.vf proof under . After: i eviedt, tiie Speiaal'I�IiagtstYa �• .. ,.. ;.. F.S: 194:301 ancl;Ruie:1 L)=x.02 (3).{b)� F=A.G.;.wttsch is..pr�pondeta�iCe'bfthr-6ddcui& . ' ThcPAand'Agcrit,.a$teed t�iat•.�ill::af;}Yiese k�eiii�pns:t�!bt�id-be�fie.�t�,-Ya etjsa't.-azx�.t3'fete3fimoriy�and•:� _• evidence aotilci: bt tt a s�tne; = ritlz aom�;v iataons 9 the Agent requested a. copy of the"recording and'staffeii that.he•Yvfluld lso`:bc rerodditig.tlYe,test�rtiin�r 'die Sp al::lulA94rda�'e-asked ' ;the Agei►i. o cbarify,Yssu@s,tir'tth regard.to 1atk: of evidexide>or: raa�ia{ tan ceitairi pieti�tioiis'.gn, the:•�isY - provided: Thi Agent stated 'that-:` P .! iad;: egidefice SiiliYiiiLfed-fQ' the:; PA, 'PVA ,is: antht�rZ!t1; - t?� vi+iflidre}+m:.. ''T4ie ; clerk .wili Prepare the . 2iecesssrypapeiY�iozk,bi?'itioepeiti0lis.' Pmpcaty Appl4dr:(PA); The Propeity Appraiser (PA) indicated fhe A$sessea Vaiue-ior.eai : pi. thc.•36;pYoperges being .petiiianect Tkie ziext •issue. i3 wvheiti@r the 3?1Y •stab7ished-a FYtestimpiioiT.tif::doitictriess:.(Ru1e i2D-9 024(71,:fc.C. . The asses$ed values;per.tritts notice areas $ollovas:• i• Petition No..TP Petition;No.'fiP;. ' Petition 1Vo..�T'-tom`* 'Petition i46 --T.' PS . ,Owo • I' 'i�etitiori)Vo::Tl'�.' � . Petition i�io.'TP=.�: _ `� . -88- 'bo0'.}�tibn :iv�3l tie;�iliect;n' er:Q£t8;assesssritvf eius: ' As per Amendfh⁢l,. .�2.0 :..• •. :' . -: '..''• _ . -� . ' � � . 3ioa3:'•,:�asscssnieat;vrgs_,:�i'r."spared,.;: •fir �eacl}�:�itxi ��.. e:�� ed tts v�i�ie; M - ` a °a l3iinctcs..,. uaiii a..... The PA . t ., ariitiiO. Olo®! :. g': atiaiY;aof:. srs;':1�pi a Cody: �quipnpani: cludixi$ .'confides d_S3b"2a e.epeaant^`=' n"s: 19.oi'i.,:�tesxr''sf„ tes; n©it : elms- Ali' de;reciaiari tib aid < ' 1 Sanftey taple'1701t- PP7f isat:;;g iid. 1&0, -llife, -tablet aszctiProPef;V v 0Us base;.. Codes '3vlarkhai 0`wiith iris ctiosie�arpay.. rd:C1;;_�x .+C�vwtY` , calculation-, `Dl?.. ciiGe Pies; ynni�es'?'se a►s: vu�th dealers� 'list'of °store'c10 ' azld hl oo .. tis. asset �;. - :;fdr:v�no .. � .. .- . � C1a110tL. CheC�Gg:��•b�.;''¢ .. �g� '. Carotiav��;-�•.: ... :�... � 'rei�t� ��a �e p�iy�iitio�:of • •:: ''' articles:rPlatil�g ta_ •.� ar.iJ went af:tiie�(:tu�'�Y. A- $•. s data statement'irorii'C * tigii+d 'on `Valuaiioart' of i?21 i coped rC�ised'' coirtp� COQler; arstl IA-610 W a[ doiibie,'ds esdment ffor 207.8: � • ' ' •'' � •�• • - ' .. � . ' .: .. " :.. � . • •.: •.' '. ". .: ' .•. • . - • �. - df. isb 4' of &16 ihe.PA's-;Con&4ia#6ir:'..axu3.:EtppkCation`•nf:tie eoieerioe'Ana aes«►bed`as fouovc�i:` ' . isbr dphydigTllinPaeifir..a ixsi'se 9i.: • ' - . hkh�itrhemuoiw:o»7fAog�'. •• - � :, (iJ.' TF¢ preaea! �u votive of rht P►o1��' 1� �regftR'a oYmlaacll?nim!rrr� e:leiigr?:'.','-. , .. � , - ' . rid; fp" 1rc0�ko+ u.11 atvx 93J6#�m�rtemlthtet'sfiypa li°`k ba sia itl'esdbjeet8 �4:i{ictrl�His{`T 4 y meetha.sti�l � Y- ` siwoi7tih6eptmbrraf cnmtmTlf p f are�'1lestla.i�° d v■Cn.6ids►PrbYY�e-. t ;{ s. eorieat tad • iritet:+rttvalpeattiii.�gY*I`a��ard'��?�y�pdEsEd-�o.sii�isR f�p1!. . yia'Y;q�y-1'�aoilai+aDe+ty' _ x .. ussaetflaxPPyd v■lasati>te;'otiik-�k'" ep ritta and dreeloeed to df+'iifa.prEaa!t ..y yjTo'tigrGitlff h+fiiKdtqfefv»de.®idlhersitdliaepj' ? t2f: lr+eirig7re:idKrn uiait ichrhtpra�nrscni+b{ %aehe ► Yaof� Jgdids1`trRIWOK ' .y�q �rati iluledaitY.P�M3u1l�Ce use:ijfrhe DroGe+'4t i,�Y ra�rt,a,d�. • • . - ' :<foeado?slhrd?med mF.iariebaaildp►Q�rvat- rnora�orfaiai�pasadbYbcEei?Ird°'d°rlgsu t1rcl>ttriradbt5lusamrdcontlderfr�mlk oa'rl+itroYF�+orwhdarthe ' ' arapemrn3 kte � br proelae�mfoar cdoptM(0' a++9. bod ar _ ... - :� brdrnahc4-iegedarf !f■i�fodbnp+'4 br �1»'aDe+'tya�btTidmUeauf)rbMeB, • -. - rdbttr oriz+lifexe rhe tkval8pn!� � : Ur ivrttfr� • .:rrordiaNp!^u�fudt4�1 e6btd overtime+�riil/ori,b+'c!'_�;.rheGo6�'Mrii',eTiaH'�BP�PP+O'+4rP►:. ' •. .7,5'appltecblelmv l7apptr g tuysa87t11uertatlaaSrpgulalicii. reguiaNioit.YesoiiAiai+ p4 Arotbn Jt °�!;. = : - •, "rii,•iwornintirmrc.';: �. -::�.:• ,� -•� '' theYtti9ti�:?��n•:��yb)ed.. '. -. . . � ..: �ctie�ulc�tproper!y:te3�eurnroe�witliies�r�inf�igd�., �, .' : •- _ ' •' 0 �4:wasdiidSuedtbtreysa .sa;e coi[ieatltie _ j {jj .Thelocadrahoftaid!�1' ,. fttio-,vhiitii9ac7wlc'• Ctw'pio �?Y�CQ�' 6k��;io�o.. �?��.'iifd,PineHtll�latll�". lGO" f t�oit''., .- .. , s�i 'di[tbki8dtd0al�, '-:3`slk+-pre" '... •. ''. - - ....- . � • •."(d) .; T�egaancuy;arsaabftiri8 piopery�' .. � • •• " `... -", , ::: •� :..'i'hepropartj!ibWOee/1siQ?y�Yi`'ot9rnedt![elja�s�tyeftbe�al!1ee�fir�Brtyyiti#fYt�85:.' ::, hdid ,.� vnr ¢ The "cav ofsartd prDPw {Yund,fra pte;u,epacs',uau r>na:oj�cwj' f 7�iaproper?y 4!viieruutii+eogihssteo9itirttib#ati�ieerap■.tY V18 U(tylos: r6j 7f,.eondtRon. �d�pr attiti rep . !► H ° "+a ul!*arm■arf _ !Ae atS p mb;ae;� atm oases tse7asss s to detlCibt....... eeayfRs�■etsYe: met ar. 1a ad e .c'eu�iptoe,a isDek�!► ?Y rhe .wia.QR�1oa: tbe' " indoi�Ye� - e�dlplt'Fsd? to be fn loms�uaEniihBitlati:. f 1)". Yhs'iuom►:i! saidpia�pam ":j `'er5bs{ " fNet dorb. irieon to .::�7ia36bierfyeopY t� a ea°a °f"eY�'po�eat.yao o friit.js■tc 1 diiei�pr3se' • •:tbe Ii+dtvtdsut++�lser:tonbafbe bn�ea. �O'stieoNe`ir� t�rt';P�'"okf'r�eaeoedd�k o9i�■y:bo,i+eQai�ia iii• - oeedt rlrrl atetfu$ ' ro Yas.'eeefved"rA�e#a8aidtrcrtdiecllajrhavav�"redroiinbt�' {8)•.7her�8tpr.....:4r... p.. . ;. fee;; and cwdrarthe salF firakrdk�g t� eo3ft mrd txpdttes' Orf J!►mti'�p• edd aTldwaieCe,�a' »tc6v�►�entlbticl arau7•trrma " '-:.:.n�j1,b;�GN�mr�t�+:wj,.Nrha,artprartier*Qrrlk�areQf'?�vr��aar4s�radda'eery:a.i�redly.:id!�? .... - •'drrtrxnsat}av�afjadva�rorial+s�+:ojr7reaotdlpm�c}totm+ya�rpm!elrhe�ttdrj.ofthitk.the -. ddser, jorthi psrpcsar/+oheiiub+ciiody skal! •oi3'po►tid!+h?ulac�eldt Ofbl6ufu_.:-3fr . YPY efeald . P3 for f fidnirhltig+ ofthn lteatt ofPsrsbb?f jaopar7Y . . • 'the"ais�dYglsam�P.raesedaai!tL4sub)trtproQertytias'�tfud;eperadtt�il�hi6hllst•Yg6•bkit�setsw• ". .• ■ccardsa�e Mirk feetmr3 Gt6ove FS.193.811. {hb nem lbatilte Qppkvel•oitrai bode! t7■dei• a ■io eaarta t9�ne t, a6l tis aaiecra a atiovt the�t ul est _ liid by tks atau�xlt�ty■per vlr for' Wcamrl !.pr�t6nOd aga bg3a nmi6sbaa Syrdyl■fanthnhb itar itraicnstiwp by .< :.;u�ia�naYpgger gfa Ofr;40snsa�aar'1e3Ie saes'i ►' eti3t:rea�oitndtiQea In YLo 6epD�4 srtiani r«, aatsrmlaaa;o:� of - ,wl COikYl Thc:PA':staaed tbat:the fj''s �epiciahbiX iafiles=ai�°:'Gia$r9iet1 ltsing::data:froai the,:A1VIA:' systetri arid'sssigzieii equiprifiel�t'coilesr,'ly•iiSi?g.tie=mean:8s'.iec�ietT,':stiwi�ial: ciui�es ar'dCvel4ped. Yg.:. ' a'ss3si'in ;ajiistirig:foi ailci#C?i2i®l:obso�esCei}ce;phis:;roceS.icYfbmpe8:ybar73!r`'Plie PA -sated "t:gtoe. :'.. r w el`fos 'ad it3driai jlepcetic[>=nv3 �tl'ie:i'iet�i: tisthicii • basee ore:, . f'ixt;iiee are•ciiiYeatly,taei�[g• .:. �... .. •&ll of•;:::=_.;, :,• . AN tore o eri i 'clCsiii$§.stl}scit sail;'iii: N- ff-Tilb,-P� Iie.PApreseiils"fk�,iY tetiiiew'da#s'pf:v rioi s.cs:','-.::;': reaetlets`in' he tri=caul y; a'rga." ;'f'lie's e§eIltrs stdGe''ilygt t3ie'.ti;iexit:th go ey�ecetve:i§:�:��:yeAm 7. - �'#h�ti •#1%ey base: theiT�ic�B ofi coiltiiticiri•;,•iaox. �lge.: _ .. . The Y 1st�ied:tha#` ilia:: ides• are=.•javvrril`.5[t1'o1d: .T3ie'A? . discussed•:t11•Ctli'Cr,•@-U6e`; ,Co»ti.''s:#bie;9;. :>g•reieatiol��a.co�iin •- i :19 adSiplir►ent for.ecoiio?h c,:o. sofesC�ii'ce.' it 'PA m:;.S'ectiori ire Cnted''ariicles ela#ai=to:Cty�Tiif;: 't`Y;e' PAsa#ed:xhatthe;asse0snfeFit';s?fiaailsasgf:il3�2Oiicl'tiier£ore,Cb:ijiiouldiz6tave.arieeatari ' . � .-the:piyipai-izy"assets ciirteirtij�:ift?d��Appeal.. • '.: _ • The PP; prlesenfed: rd•tA'k3}e. lie stabFtf:. that•irian of dies'.-lowil is were t gbere. utel Y,,-�: t also: ted ;tfa leas°e:tustol`c�al;eosYo tFie"at8��tt. as:ti$ei3'ari s:Ilocated i ast'ia their calcuie#ions:':This'v?fi d' 41f.6 Jig tiie:st2iting:poiiitixsdd (oYiii�at:cosh"fo'.dvsidp tiie • assesstrceitfaridthe:Agen[t's`rec�uesEaii.valtie.• • : - .• . The Pik' discasbed;hodv..$evet81`.Sjbes ari :retneiwsil::ion•prexids'arrd: l e;gffeCi:pm`tli� coiirtty's:ilevelbliment of its'}ireseiif';virorth tables;; :Th' l'A pqsenied �afa:aticl"iiiscu'sse�i:the;baiXi�az-cd��;'`wYiere the'GirctiifaCourt :...: was 'ciiicizil`aiicl itXe,-:AppBlte;:urC teiiis?ded::cgseak;•reggrl ii'ig filie'eviiiinae:preseii;fedby!` Tfie:•PA• said: that the.;eanrti founddefots,:inirteil5odology>. dcrifiaationofariris-lengtti:treiiactitinsaYl ari#ity`ofeomaratiles.Sririeti�:devel6pritvaltie:.:;TEi_PA riCludea.a:ba ; 11 cit;oiY:: retie=�hiA??j l Sit biz: 'c `PW: sfatecT t3is :the .'sales fiats;as'ui_relialige aiiri.�ir* '' ..., of;ezi:ijr •tTie, 1. - t 1, .. T i i�A>fu; ei•`stattcl'thst :' - ih�•:tab;'es•iliat �he`l�gent��ilsed,are f�gaG i'lte'PA:tlisititssetl-�ii�•'issu�s'-:•i3ie' ta:'a�e;as follows : listitt s are' itot: s2les `seilI6rs `ales itg:;t a :ijeal 2irig i al sasti;' a Yl;'lack;of aiillts�7le: cotitpatabW . !sales tb•.average.{riot jtisi bur. :: bqo v-; 3dr et ;'f3ie`pA-Fe�§ic3:ihe U#9C3:,tle�{ti iri af`iFtar�t value anri l A• : - ;saTls,coutpaCison:8pptoAcll;The ISA: raeiiC rFzttitiig;•tliei'ctiitpsbooltl'coYiiparalles atid:daprccatGzr. calculationsj` aid Yaiseti uici'iviiiril :c�stiDris :with e�eri'b: iNtAnftties' aitr Type g4 ' s Kiri used `to brood `Yiy .dear;' Yifoatiori 'of:: q -' ae§et:'ai;_'.comp �Ai]e ,,-A , -6, e;=Com ld shipping%height%ius Nati ii :e lculalaoir$ upe :of.selleYs`su efited est:price r[of'.a>�ai7vfaCtiisei's grit ing; . lack of ability to`-:ietun'•ihe �Lennii$:lac(Cf:,:ivaiiraittie vans t3seof'ijif%Yefii' aci ti5i list when corre�tsr'.:das. STso':iXidcateti'lire'r?eotrip;.ixe,a•luIS1R, andngt.lisf}�riCe;..and- tliffer�ricee:;jn .4esciiptiotis.bf-thC'.asset.*it 'h:attacli�eats:.:Ti7�e:PA:sated'I is #�e.�f� tii3eti'tiyr .is �spt•citii�aitf' ; a�jich •.skews tis''Olo : od' calciiliitiri : ' =1 Tie `.pA' iase lacai dafa::fioi•;esel io :iissist in°• ;$u Sl;:..., 1.. cts the ' ' . '�de�iometit.of•atl(litbi� o •'solescet' "' ear f :. • • .. i P.etitioneij'Agent: Elie AgenG;statefl: tllaf aka staiccls'fot'12eaixuigccinbi'ic...at?e':c3ne1$petl 8x a'g'e/life: tlYrota h:.friar}tet:tl a e•.ci*iticitce;, Tag g ei#ed; dot :+ll: and W. s Creii`spbs@l. ' Tree A er; . gcYes#ion�i-:viae':P��:=fo<shticv:iifs=evi3eiirkas`-�pli0ar:�tlie:silea�s:. .f, culatio •-ii�ere � t? .. • . ,...., �ed�aiy:•� CANiA�i mal" ias, lilai3e. 'lh'e' pJ.::etatecl';tta at` 301.' i' :gvifleiiie_ : 7f oi�gi::tfie- egiiipiritei�t;codes fbrs�ovj ,• the. pa :caa identify ;dt9 otigiiitai.:cost;' agC, ;life; aispo5adstiii' �x►eaa` 8aiY`; C.;A; tf��fl'' looks to the iaailoef' " (auctigiisj.for"ricizig;.`ziricla}ricItds:ai enuiiiri'aiit}iipj3i$'T3ie Aeiitasiiefl #?e:PA to:sYiaw:lio�a that ..' ti... ideritz es obsele8cetice aiic ovh t:isw8lie�vr►,� i tilos ANilillisysif:•to es`E6litli'ecoYiaiiiic bbsoTesteriCe_ :,`!'he P11`iespbndedby.stating icy�evieiotheb2?4U5s' r:egiYif ler reainvaTG;.=T1ia gerit,AsTCedif.thd.PA. deteim{iied :cvlietlie'.r these t+vcre j'elir i` assefi . or, tl'tfiej+�`90 :to a:sacoiuialy mtrl#et::: Tk e -PA• stateii that, - .:` :_ through spealaiig xpit i, h o�aiY�e;iz' v ilei► t e�y, e;;lt•w'as::tl ;.. - >rti; ftdt?t c asset`s. go -.to. lie set o daffy' . rilarket ie Ag ent•th,6n,Ai!VOsed'1iiast aesets tli�af may�ori ilia books aud.ai-e beat '.assessed_. - i Thr Agefit "slated: tls: thy Pltfs tartlet:fables •a>}ds _ til 8 liline'd ior:ttiert=is''a sitixilari 'ta•g_'ass"et: The Agent. ter 37 7R's a d: ,ou»ty iati%s ilt rise th" of!an asset;to`:cau gte: .T- he:PA: stated r isA'"`i8":itsirig the de3fh;` that _tliep aft Ciiirenfiy :Y evS,e`pvirig::Slata oa aclg.:in: ofder::tn reduce.tbe:life #roiri8 �re'drs:xa:yesirS: Ag' dictrsse tli�.ietzc•?n:iisirig.o:ata:oi °I50Ita data..7iieplgeiltals6�:diciit9sedtlie:c(isposal.sYtade;by'eiesviants`;A$acting=ll2Y=I'iie':Jlgeritatated t}iat the 1'Arhas #ivt':ititcltided alI ot'ms oiatisdT�s oe :in big yalu6.— TW:Agerit:.�bes:not'�elieve,tYie esti claim::ttiai:,his taE1]es include an foi.......soideVifieitton . 3'fie:°Z?P,:` tat d •th t;Ii�e'•}ias ta. eiy on::t�ne ' Iaiepayer:rePdrting bn'•tixe:fetii }i ;- stated"tFia '• i A>ls:aril3?:irie stiiirig.Viie3;death of Wi assei,. 'the AgeriC dfscw sed:•• . � •.. •... °: -• :•=!'•:AlOcal-data:' ``; : `' = :: : to: i�lg1'sYiall.$b'. i obsiSbescence kot,641c).. Tile: :l whicH •is a•iritirt�l??y''cti?rVe;•ita�tl)`:s4tsnlWarf.-i�iifh' .. �t:;foim�.of:,. �:riecess. s��''>:•�'��' •• g dbles% db:iiat'itidlitde, eC piSw6T aoas:iiG .: fvlg=siz$II'.&.:Swift.{Ioais:;cutve L:.. uncl.'atieck giid:_ a faitiily=.•;: t:a2 :stafcd�tt�at:4i�,b�ck - �. •. A ��, Vie..•... - e.�; issed'. Ate' eO ave=di Xi : d' notfirici_ .�iri�ai��izen s� -'?�h f�??t .-The isle report s'n, Id riok:? : sf91 that iie eou uses_ttia eta .. g iisiness: , 3'ize i?A: ciatuiiaableTi�it. s:hi§ value f owssed •ti : ed` tbeit Doan rle e - , value but 1xe .rltd Yt6 :iil gin hbdi•. ;preciously ems}?. rif shbtttliiricfuded in. tha teiuie�?'si :'i1ie: p�gen't.8tated �. con `ad3 °data . . I . en F.: saes;: believes ;ttiat'a : ti .?Ithe #?A s.. # #u P11 s' rala'e ;iif tlie`.mar�eeiP e§t. ' the .Agent:q of'cdnfacf; .oitef (it�Is: raga#an:lacics riie;�eli::''' th ISFICI;C.gr�Y';. that th6 info . $ irl-M f�eJ''a ld h� e`tiSt3 i Used th dAt2. 7,_: heuc:#rd�le ' -:{ems, s. - ..::...; a sales how P7'. e. $$ :. , 'ssCd':t�ie: is 3 etcst iy;aT i sy:: disci tioar :fey';rgdid.at tiiLVV he.Agent.disc�?• .. tla&iavctiifYYe &re evaluated. -• exit: o`es riot:btZive•.tlist:fli '. Y comparison •approa Ii: •'ii?e; 6 } lbMi'CYIe_ A SYB values;: i evitaveti the: in it affiec and sales are _ewed,for.i4CXt?., - . • - : ' , : •:•.: : asserribY$c when:in:. the inal+rt'to:iea# Iii§ isble5: lie ntr.t9blefi:.tl�f`inot iii�e'_ . , ' lie Agdd.f*entte :idenff ;�6vedm er:tkfe: aL T t`belieredtile:PP =tias for otiiitigt�`.sahs ittsts�gertY►a: z.'also'.�Se},t?g thEA.s.!ilCs aTe=�1i°rfsl�ty:tab] �ssut `t3se-. :tht develQptde. ris11 8s SwE(iowa 4 ea,�h,ari iiot iiitiutieleQQitit8tedi PA t$1slesonly accotuXt far. iJlatajYbWed-cotCeri]�S Tire. Agent. ,.... aiid.j�. use:.of;lowa Cii�tvts':; - e odpiti Duly lodlts= f.tlie':1(iC�1:iiYorta�tylV a. '1'lieiefore.. p}iysicai.obsgiestenee: nr)• liis: gpr2isa'-iri i Sy, e, YVt i Ytd'6 ;Gr;tenon;rh osier _ ot,.tlre vacs that°ths' A:;� s:dot:tpiet Elie'staiida d'' ::� • - •the Agent: belie ,. >.. .. .. .., . - : "- :. • - • • POA•tcs:Yeiain tfie•piesp�o ;• .. r:: . • • :: : , .. • :,-; :�•• .. •:; : •. • . • , ., • . - .. }A revi we f ihe', R-405s; _dost as3ets, Them was.'discussiori• tietu*eeiz:ihe; Pi$eztt:and t3i}e PA: wktli::xeg ested: tuicd they vvtre `'•' and the Validity o•Aaial?yxYII6vals.: ''Tlie i'Pi. stated:iiltiis:vvFiy; Vs3it5'9?eYs:iecf(i': t sola .bite.`t.o S.-.arc pernaifte&c. •s lie .A etit'sdisctzss ir2.l adv. fine ata i$ riot jpeiu�3i#iet3:.."1`heAgei?, : dg aizi tliere: -tee:Agent:egau,Yo'ren':�ridutiy,: akEwed }e:Ri4 p7aiined~tlXd. •t?a�e 3s' net `engl gli; tie P objCated :fo't I�. ;Silica ..t bis'-r'epott was` s8't- shared m°:;t�ie'.�vidence. $. repbrt',from B a�g tfiecei$ iii aais:?f�oT�86bi-to• reading ;'M e': ABcl tLreite ate . . .. '`" -. •�: ` ;. • • � iice:� •'�'he;Ag�nf Pre�eiitCdsri�::b[ecutive. SUr�a�• • Section;C ti the'1?A'S exhdiiis'iiieliXdeS e.Agerit'#i eiriiie �, of.a .8._faCYois;, . discu86uig. the o)lowu?! tvx, §asses msrit.:iitst •repzes i3t% t ma `Ct�tiside fessYD accepted: tart, tli apiniDii_`bf: }ilei:• :.vofth t?a 3*,': irisnfCiciieiit'eyidef►ce::.:#o°:st1Y?P � P.-. County iiepreCiz�hoiL. •. a r"distil, racCices;'3nc(uS1.and appIyg-ail't{oirips.¢f-olisolsceri.' .. pP a YedatiOn<sce�lule;Iioi#I=t:eir:flpitiiUne:of:. tables..:`i'lie _Agin used ati:`lasd d.' •:~ valu'e;.'alcing secon3;.pmach:i�s'riig::tki a; e::age%iife::rrie[Iiacl-:z: Th• fbvfT]-ti'9;;�iritfi iridene:i• stiii§tantiate;Yiir request The'=Afgrnts' :: eoonoaiic'rilisolesceiice•io c1iidett the: ofio lin&`. 9L:.Py?o$e-bftte'sppeal;: coenpenY:PioIIe :p?vi� ' . : Eiceci�tive::su y, • i iioris~ frari ::varib>Ys::so res . •Floud,- t taes;.(F S,J.=B •factors;: thr e criptigtz;. t ; Valise ti iii Dar':tse'ajrid:ailier'Coiiirt'd?.c�siaiis aQprdacYies to;vai 8; k ' o'Cbn?I?ly with I _ .,1J4. Ol biriiii igs: d`Qiovir:fiaiu. lie:standaidii:w:cte i.Ttie Agent's evidence also stated tli$t;t3e:l'A must-to 1Cs p, t stated fiht.•`the 11A:has<�nip applies-:-ltsng w4h Cd;taitlera tin_ of: ',fotnts oi' obsolescence 1E5:<..;gea1 appliedS1iy5ical obsolese}ir�e:°i' _3 4�22.of:lie .Ague's etrtderii e_sessede lUiarsha4'�s'SvnfY#ables . ' ancL' Iowa Gttizves- l' e::2 :;of lle 31petLfA--rin C 4Ce :preseti GeCl tile: tom_ Stl2 i1,-w-7 f'ta4 for. Atirriiisis native EZeviews:'.ages'24�2i5.:oe Ages;svierine:'sctYssadtla.fbTl6vniicdi ofytoof;.resmpiigh oi'coiYecfiiess; do•'cvibe aiigti tesri: A: andwmg;%oar'the t lii¢s: pvei ;calci iatecl; f?ts t.con8idei ti0r :br;: economic:bbsolesccticcdgtg}+fiBAs~Lit)t:;mid::IAAQ:i?o?ortnatson;tetasiag.tothe!>aiof:as3siagroulSs' I daveid ui •` 'atriI._.. e'ti£> iYd±I? y'?bazT .4iased:,del? ctaton gi' dOd es.." Yi¢ Agbnti.atated:_. p'" g -_ttend :lYnesj:: u t'�. :at ji t iliscixssed lidiv:the that :ASP►: is' .doing'.a •useful life;•s dy':whcki.w. 1L"iiictttde'tf}e`Cli4:: ata:has.baen ictviewed`li}r AS/i'•and coverSjail:b#-deprec`sati0ri:' xkie>Agei} sta#ed•thats_ contacted the lhuyeis axic : selleis :ta coli Zrti» Y. ... of.:ariy..a�tarities;: "ihe A tit assign$ - i isle asset c and ilses:IS rode#actors.to ,esfi%liisia;RcQtacetiueiit;ost NevV . ' Pipe ..: Agent also' as$igna'the•.P%v gtiod fi`oitz='the:;tYiarc%p ity':ifeprCcia#oil:sctzecliiie tb...esfabf sh:hls .ltequeatie ripe.:Alyettt::inchid'ed:a•Paxtion'9f.t e 'eit'2V[eu�kef• q�Wl3tneliti l ConaYnic'.ISepieC Scheiiules .cl iielo d: by... A�enit �velo 3et1;.'atT .a$ /life .'iisIiiir :(i�£L): support ... .. requested valuer, tl`he:Agent:s�tgd ilia s]tvays:ae'�frer a a1:8Xt aftrl.ii�irCr•goaS to zeto;"�1Jitli iege7d=:',. to isle ,.e:AgeYit-t�>exi.the:costf.iot:�ac�jisied�_13efore'9itjr.-etiYesrieiiis•: "T3i'e• • PA'°su'll'Iielieired`ft:d%as'•an.slloc�te�:ctisti•d-�todiem.':;'LYig�Agerifhe7ie!veii:•: . -93- 1 atm .hatte;iieeg roi riAgeotva _ s6:toliat'is oi3 the sEat+e-iii ;-�.describe'isii,;�io�rt►a:&.`f�a��'4,:�-.:-�:':hes.�:' 'i'8e Int:staterl.ttiat*h't•PA;ik.::Y 5'oz-fir`: orciei xo iova.$_el��'! of bdrreiess:_;e;':. occui ted; :t}ie ?A ties isot ftp .. f; Tbtse e;: tiie A' .iias owediii t3ie:.seen A BiY ''t3�at the 7?A per : was 6.6t. :.The -. • :� . table vP $3ibtit atmerits = essts: of;5., 94;3U1. `life :'A is"titiiorttY �•• -- - - coi►furrri� tx; . h :. he` lbol to t slug +.inbetneti.sales-szul:: - re The:PA-gtafthat r 1 for-aii• form$ -of a, - e- s tit the thisr�^pe3tY:aepre.-. -'d�ta•mc-•Meirdeprec�ation.� t71�•.:� t :,. .. : consideieii itae tA`�Oi1: �� r } 0 :� 7i�C O LAG Jlit��lCt1 d upori retluesi..Tii 1lgenc fbd f1at.ti►e:nst.provice i#a iouppoi' _ tTYie�,idbTes.'rhe PA �}u°cuts-� tr tab uaiiy's' =1'ls i'Jl; gegtidnid: whji:�aye o ga�?ablese�c�:' A�out•$tsteri thatp - Sth `atcheedrittiiaenhalactntihCy, ae:il F dTsda `ti''tie iikbs�e :T +tCs?oitLd net oeAKaitsc..gdtvnT�e'tise:pca:- ITt,e�en�'s request�d:4• ..----,"�_ -'�_._.._._� pefition.No. 'I`l'-' etitian l+io. TP Pei�tiaYi' Nq �. •Petitioii:No: Tp - PL ?'t' �Petitiorr - .. � .�.��eiiFiori�N6e•TP.-. � .. , _ Petition i!rc:;�'P,-' ..' .. .. • : ' ' ' . Petition• TTo. 'I'P� •: .: . PetitioiY Noi- I Petition No: TP-. .. Petition: ia. TP-. .Petitioft 440.''t`Y��,: -94- ' •.• ''. PC11[iOfl�i30a'TL?:i; . . ,' ..' ... Pctiti9n.Ng. V., • awn Nq•� ��- -' .`-� - ..: . . . 3?ei o .ri'No. 7'i'- Petiuoii No: TP -v. .. _ Petition Pto:'1- PetitioriNo: 3 won -14d: tP=.. ' �T.etitioii i•Petrtion .$Va •, Tp-; ' ' As,"pei Rine-I�D�.02�{'?i, �:A.�,•:t#ucSpect�%�ate s3u�•:ltesietiv;WC..evidetl�Ce:aetittlt�itkerovltctlsea'#ho .... e(iiderice:i$ ble;'tlii n adsiit,: id.cQriBicler the it'd' ems:' The. fust:issue.; if;. ar�ieth& tie #A-.*- d, listieci;$ie`;pXtsi itioia of-' Coriet�ie�s 'per �:5.;.�=194.301 `Eip' proving i+ s pre}io} der� ce sf..tiiE% d ttce at'the just velliie friv'etl 'fit -bp coi4P Mg. �ritii`t�.S: 1'iieri, the -Petitioner iiivst: Vroiie';i y: a . pi eponiiec�ni t bi: #Yie.:evi Relic 3ti�r the QA's jitsi .value represent just tr2l id -:orris `:rN.r.aj y': 'sedgy ons; Qppr ai-- iraeticeB, ti�at; are differ it ;from",EL p ai$a# I - piacCice's.geiier'a1 j+�ppjt�d :bS' t3 i�A to of if*r b e l .i:tY • be Vie• c ltiii . . tY'' All .,tho. evidenct.;. .4.ltroC l 4". alas :inta�ttie secorii;,a xleecribed `.aboxe Yiiple issues' with`] a .comp rables.tised'•to der' op #fid, �a ket et i 'depn ation-xd eduiee relat*.to: age. of: Yi e:assets.:,age=..of ctiaip�r8bfes'::vse':a orae: earn T bie:.•to estabiis$ `•#kie tiiaslatt;'2v d... attachiiieiits;'capacities: an4i: prig$ serf fipi i se ar= §`a .".•. dace": F ai`'d%=PT `the roriPa�alWe ,.._ 'Poyota;#oiltli i 3s :8'° O1& }'.%hd'vvu g. :z avv Ck; and a".2b14'assei for `ilia sed:prii e:' :As i�ie'=i?A:: .•. fiidicaitecl Hie use 'off ii8;r para[ileis:r�of.a'iis r�m�nt�firiaYinetvaIu :'.:'Als*b,Ahe:iise'-oftheiorkW compsri '';ui'.t3it• /o: c�liafiofi skeyus':tlie otrcta?1'::groit sri `:calcitlat�on. `.• m a ' comps ablea: iria]ude:liet3u s:;oi::•-�ssefis .fiori fide;'tithei '+ ip�s = �EuFiy..ivil3�t".,:"Uppiiitiftg clpcurnentatitiri"or3i8trif18o useiri :rheo'gooil daIciilatigAe: file Agent-: stated;iiat:tig COgi13_feb§!iit':aCt:cagBYy_xad:9'a ggi5rl.itrctdr.i #o:be_apglied.fneacii line - itiem...: Aitex:.trvpiiuig th�:.:v3eI#ice..for• r;'ot :.1es=r#iehfiQifs' #die ;Sp6ciat 111! Vi to lied .tiiTt3Y.. jy # a, QI1CgitUT13; :' a$ ; il`::i-Af :leid ,O' :.#i1C' GfiTlLtC6:liuR"+:-Y1C{i` OIS:: �11C.,:.-at'i�19C r depreciation"sctiedRies.:."Ci1e'asaeS�.ent 3s'&s df Y: J 1-1.1d,aid'xriaxYyflf die cpazafiles &ate?back tp 014. Ttie asset• rst v g f6` f the ijill'1 fiifoil does nod 1aavE an l e . ug:b :caiiegdry_ iyitii; a:; o 'do %i .s1r10tirit'iyy'year:.:-Tluss• iqp o :retia Ti id69-iioi:: fiAow fhhc P .to appropriate':life agplicgfions;._.'1 $etit's s "r tf`si�ieefs< ioi''ale jj::deIlineatte di6W the`16v s or 'asset ' categories :vve E=detgrniuSeel.;;au i apgli�d` to'the aAsbb a ..P►is ai gtsoThe Sg cfel differCcicesti farecn=th'T'A's.;o Cost;: a' r�git,sl artc:ttit Agei�'s=iiriiiafcost :'i`lie.Ageit.used.bis: t • .. .�igtlres�`in. devcloping:his�zegitested i�ie: 3'iie:iy,A.zidi,�1'��fftaitscea;iri�re . c ai�iCiel:.� . . . �`oat •oil =ti�to p$�Qs�= eridmade Aajustc�ierite: :tYie:#af t?a seasingiit,:bvheie }�ce jr:-` Yia:originalcost•:is`%ited-byb6t1IAeI3�,A •: and tYie Ageii#:to celciilat�;rtYieai aa1i es rSc e;ai tfie PAaddit?oa's se5ate:to;naetscLt.*dzv - i6fjnc4, • iro'm'.previbtla•�rea�rg.e�t2•ctir��d�to�'�sC'aderitifie�°a�'•tlis eii.�''1'�iet�'o -the PA` . . ... . . - - ...- , • 1� - , i'a,'., - `incltdi:cl'tliese aseeiii u. ' •ici.<Efiei'r•��aiCuiatio .-.a:�?'he`largest'�cfi�'gr�it�s?-aFe�vJitYi"�' o e,' •' :. . r'd tzdus.* :iY�t:w�rert' . pu> ch'ased by`-=he'i?A.peas,tir�`�tile to Che}te:si�ep'oed77=--Z .a;ch ni:#fie' • .. •pY-7Yi.arid,orig�taI.Inst..'r�C�.PA:£jetieveci�•that:th`��Ag�ntisiY,�iiig.�.�pc�ied:r,'o�t;'iiotli;sfoccai:-.�,.�• - . The -A- 8xit do s:Udt'�belift that:lhe- A lids rifet'#be S•tanddidS in ��:5. 194,SOI Tufa fo: .8 - Q . .... ..• .ttie�:faczoia.ia...•.: : :iirdei #b: achieve - the :pemittoii,-bi:prcectiie:: 'lie PA 3ias':istaties ,ari: ,tle,.4geisa mer =d ipcf • eruGti; depreci8�ion sclil di33ea •Yierai se~iSt ie;er f t}�; it levaacy. ;. da ii¢y.arI liis'•ist{�dence to :," ' the:pregitmption _�ffeoi�ctfless.• " ,' `� _ ' ...: •,. t _ . . The the 9,%ptott vele Cori&iiiererl s :TIi Agenit:questiorieii fihe:legi .-of data .,owing . now:'ttie:PA�iully;ioYnp:ia tti;;lacoors:'3 :�v:ix�=�i:. ?1'Stce PA'.irae'the':rlasut•ii;cY:bf=itar!e::ic at thee he iiiig.:j[iie I'A stabrci-iliaf,",iiy tiie fiiEi2re'..tlie<: 6i:ivill ki ptod'u'' ' he PA: 'air d`:that-tlieit:u+ere rneiiy dscCeericies foa:iri-Y}olm ta;?wiChti•ttjbO?Y:#i2C�GonTp3es-i.4ecl of:YT�e tilscteaiespfesiat8iib tie�I;A=#�'tiil:tiesec7'ab'teiete ti.i(iie 9'a•gebd.caleiltioas dei]o d iised, .tl e' i A:lr gre.de nitiive:tiesctii' .b9.n. bY- �AP� , . :. ptiait off'::`C'hC�cariiertiB 8rea.•'tlie� tic` i�lec; tiserof o `tiiis`cti siA�i2e°acidci&te':a'' - ., �., ...... - •tab �:'in = �Y P. � `�0 _e8 ••�. ficw�ttue�. xieW%i18�•: verficahon;.:lists:.gf $sets. wit'linuf>:ClaifrFat<o ini�irig.;daf_: .:me , eii�i[c� `�cween' flit ' Ibcationis �. aliocadon. trr:iist>+idet.iisiovp'• `- ;All of _ estxtliYs °icriate . _ to:�liesAgent`6:Requ value calc�llatiitnsi`kie=:Agirit:also, thd.aCia# r0itie ci" "eit�ati B� tli0t vv�re evelo .8ii iie$ oui puoii big Yf etecalined tile: asset •nate lies anii-live� •d •• d`app tat4ie;3nie�iteii�'° - . Therefore;.. Sh,li Agent .dill' ot::prove by.8: p epGriderat>c' 'af ,# ie ° cild8]ice . }iei the . AYs ::vale '.a e o ao't ' fe}�rissent'�isf�va�ue;:or.thgtYt�.is•:.arbi#i�riijr��ecl:onspar8c:;tlt�'e_milt':#c'oia.tjic�se?g�iiecal�gapplieEi.i�y,': tiie: ?A +td. eo npaYable'Isi g f crjy tvit :tf�e b".9A:flI Tiierefoire; Yhe: PA's gs essed: vatujs A �i[i?hela Per'd?e D12=4$5V'#bi egcii of t31e:36: ooatibns_ <a SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS NItJS1 MEt'I-QUAI.11--ICA1l'IONS 011"i1.INIiD IN FI_A. S1 Al � 194.035) Please type or print. If more space is needed, attach additional sheets.Applicants nwa , supplement their application with a resume. However, a resetme cannot he used in lieu njan application. Application for: ❑ Attorney Special Magistrate �( Appraiser Special Magistrate for... ❑ Real Property and/or2Tangible Personal Property If appointed, how much time would you be available to conduct hearings and complete your recommendations? ❑ 1 to 8 hours per week; 9 to 20 hours per week; ❑ 21 to 30 hours per week, ❑ 31 to 40 hours per week. Name: Nome p Mailing Busines BUSlnes Phone: Fax: _� E -Mail: 7 c� • Copy of license referenced below. • Documentation to support membership in professional organizations listed below under Organizations. • A writing sample, which may consist of an opinion letter or other business-related documentation that contains one or more written pages of original material. I f you have served as a special magistrate previously. please submit a recommended decision as your sample. Do not submit a copy of an appraisal as a writing sample. • Prior to conducting hearings, all applicants are required under Fla. Stat. § 194.035 to certify completion of the current year training provided by the Department of Revenue. To obtain the training, go online to the Department's website at ht(p://dor.niyflorida.com/dor/proi)eriv/vah/training.lttml. Return your completion certificate to the VAB clerk. Attorney Magistrate Applicant: Bar Number: Date of Admission: How many years of experience do you have in the area of ad valorem taxation: Appraiser Magistrate Applicant: Residential Appraiser License ii: Valid Through: General Appraiser License #: 2 & '0 Valid Through: C C.G lZC� t A - Provide number of years of experience you have in the area of real property valuation: Describe experience, and number of years you have in the area of tangible property valuation: S O Page I v01/13/2015 —97— SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MF,ET QUALIFICATIONS OUTLINED IN PLA. STAT. 194.035) I. Educational al,63 2. List any experience and/or specialty for the following property types: St PROPFR'i'Y 'TYPE EXPFRIENCE/SPECIALTY Residential Real Property Commercial Real Property 'PfepvY J, 1°S Tangible property *-M, 3 Other (please secif ) 3. If you currently or previously have served as a special magistrate, please provide the municipality or county and 4. Have you ever been dismissed, terminated or denied appointment as a special magistrate for poor or improper performance? 0 No ❑ Yes (please explain) 5. List any additional information which makes you qualified to serve as a special magistrate. Also provide name and contact information of at least two individuals who can attest to your years of experience in ad valorem taxation, tangible personalroperty or real property appraisals. C, f.b C eft 'juleval ►i2P R:Ppllat$c'Y 5 wye Uokcamut . 5�2yC>lj ��blevaltnnl;UriS .Com '4—V [.t IL I'oa uta PV art C& 42 1L I/A-L 5 , 6 0 A 6. Are you willing to accept the Value Adjustnpent Board established schedule of Ices? Yes ❑ No If no, please indicate your schedule of fees to be charged the board on a one-hour bar is. Explain your level of knowledge and experience with computers and list the applications you are familiar with, including Axia. ykOW-ec to fAi6voso � iJiur 1,CA-Ce ( . xiGt---- -- -- T I. List each organization, recognized by the real estate appraisal industry or the professionals in that field, in which you are currently or have previously been a designated member: ORGANIZATION DESIGNATION DATE MEMBER# gni 1 lkl c a rfi pnW:v.n Ce rk i 4e tseYt. i , (� 6 S0 Yl�'1i it�t1 ! OI to 1'.Sr�S iel70 ��St - r- 1A 3 5 - 2. Of those organizations describe any possible conflict of interest that could occur or the appearance of a conflict of interest that may prevent you from fairly conducting a hearing: _ V Page 2 v01113/2015 -98- SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (AI'PLICAN'rS MUS"r MEETt)t1ALIFICATIONS OU1'LINEDIN FI:A. STATJ 194.035) 3. Have you ever been disbarred, suspended or received any other disciplinary action from any organized association, or from the State of Florida? X No ❑ Yes (please explain) 4. List any personal or business relationship you have ever had with any officer or employee of the office of the property appraiser, office of the clerk of the circuit court, office of the county attorney or the value adjustment board of any of the counties to which you are applying: Alta 5. List any clubs, organizations, associations, or other entities to which you belong or participate in and in which a possible conflict of interest could occur or the appearance of a conflict of interest might arise that would prevent you from fairly conducting the hearing between the property appraiser and the property owner and taxpayer. Pursuant to Fla. Stat. § 194.035, a person cannot serve as a special magistrate if he/she is an elected or appointed official of a county, a taxing jurisdiction, or the state; is an employee of a county, a taxing jurisdiction, or the state; or in the same tax year that he/she services the Board as a special magistrate, represents a party before the Board in any administrative review of property taxes. Are you an elected or appointed official or employee of a county, a taxing jurisdiction If yes, please provide details: or the state? ❑ YeSA No The undersigned certifies, under penalty of disqualification from consideration, that each item contained in this application, or any other document fin•nished by at- on behalf of the applicant is true and complete as of the date i1 hears. The undersigned authorizes the Value Adjusumenl Board to obtain it formation from other sources to verif)) each item contained herein. The undersigned acknowledges that, if selected, helshe will follow all requirements and mandates of law i ng the to of special magistrate. Date:` Signature of Ap licant Pf' (2?C 4e�&3 Printed Name of Applicant Page 3 %,01/13/2015 -99- tZ C >702Z - ALEXANDER F. RUDEN, ASA a''d111s. Accredited Senior Appraiser Certified General Real Property Appraiser Business and Intangible Asset Valuer PROFESSIONAL QUALIFICATIONS For over fifty years Mr. Ruden has worked in the areas of corporate finance, mergers / acquisitions, income and/or property taxation, insurance placement / proof of loss, cost segregation analysis, and fixed asset accounting matters relating to the appraisal / valuation of tangible and/or intangible assets. Services have been completed for the purposes of acquisition accounting, Ad Valorem taxation; allocation of sale or purchase; bankruptcy; construction cost segregation; debt and/or equity restructuring; eminent domain; equitable dissolution; estate matters; fair value accounting; federal and/or state income tax compliance and/or planning; financing or refinancing, leasing, sale / leaseback or syndication; fixed asset control and information systems; insurance damage disputes, placement or proof of loss; purchase or sale of assets. Mr. Ruden either directly prepared, supervised, and/or contracted for these services relating to the appraisal / valuation of business enterprises, specific intangible assets, land, land improvements, buildings and structures, machinery and equipment, furniture and fixtures, electronic data processing equipment, office equipment, heavy equipment, rolling stock, inventory, and so forth. He has served as account manager during the installation and/or restructuring / migration of numerous accounting, insurance, and taxation fixed asset systems. Prior to founding Southeast Appraisal in 1988, during his business career Mr. Ruden was employed as an appraiser and as an account executive by A. Frank Ruden and Son (son being his father), Industrial Appraisal, Marshall and Stevens, American Appraisal, Valuation Research, and Arthur D. Little Valuation. He has a working knowledge in the disciplines of accounting, appraising, engineering, finance, taxation, and organizational psychology. EDUCATION Mechanical and Electrical Engineering: Villanova University (2 years) Electronics/Radar Training/Technician. Ground Control / Search: U.S.M.0 (3 years) Bachelor of Arts — Accounting: Rutgers University Graduate School of Business Administration: Rutgers University (75% course work completed) Appraisal Courses: American Society of Appraisers, Appraisal Institute, McKissock, and the Institute of Business Appraisers PROFESSIONAL AFFILIATIONS Accredited Senior Appraiser (ASA), American Society of Appraisers, Machinery & Technical Services (M&TS), Basic Industry, Initial Certification 1970, Recent Recertification 2018, Appraisal Review and Management (ARM), Initial Certification 2008, Accreditation #3961 LICENSING Georgia Certified General Real Estate Appraiser, Liccnse #003680 (1996) -100- SOUTHEAST APPRAISAL 3350 Riverwood Parkway, Suite 1900-19077, Atlanta, Georgia 30339 Phone: (770) 883-6987; Fax: (866) 839-7887 E -Mail: www.seapnraise(a'aol.com, Webpage: wvvNy.seapnyal.cont BRIEF HISTORY OF THE FIRM Objectives, Business Style, Staff and Associates Southeast Appraisal was formed by Alex Ruden in 1988 to provide multi -disciplined (financial, real property, machinery and equipment, and inventory) appraisal and valuation services to firms and individuals located primarily in the southeast United States, and by extension nationally and internationally. Cost Segregation and Fixed Asset Accounting implementation services are also a significant element of our practice. Services have been completed for the purposes of acquisition accounting; Ad Valorem taxation; allocation of sale or purchase; bankruptcy; construction cost segregation; debt and/or equity restructuring; eminent domain; equitable dissolution; estate matters; fair value accounting; federal and/or state income tax compliance and/or planning; financing or refinancing, leasing, sale / leaseback or syndication; fixed asset control and information systems; insurance damage disputes, placement or proof of loss, purchase or sale of assets. Appraisal / valuation reports are completed for individuals, partnerships, corporations, the SEC, the IRS, other governmental agencies and entities, major national (Big 4) and regional accounting firms,law practices, financial planners, major / regional banks and commercial lenders, and investment banking firms. Our business style is to thoroughly comprehend the direct and indirect ramifications of the appraisal / valuation project. We then analyze and review the relevant value concepts and service levels, considering the relative costs and benefits, with our clients. Through this process, we provide the appropriate level of multi -discipline or single discipline service in a professional and timely manner, for an equitable fee. Certain staff members and associates are listed below (years experience in parenthesis): John B. Allen, CPA, CFF, CVA, financial, BS -Accounting / Economics, Indiana University (20) John Chapman, Jr., MAI, real property, BBA -Finance, Georgia University, MBA -Emory University (25) Mark Dayman, CPA, ABV, CVA, financial, BA -Vermont University (25) David Eichner, ASA, CEA, m&e, machinery broker, industrial contractor (35), Las Vegas located Ryan Kinahan, ASA, CPA, m&e, BS International Business and Finance -Eton University (10) Larry LeDuc, AEA, machinery and equipment, machinery broker (25) Steve Noble, MAI, real property, BS Ag. Econ -NC State, MBA -Wake Forest University (25) Jim Reinhardt, financial, investment banking/financial, AB Econ -Princeton, MBA -Harvard (25) Alex Ruden, ASA, financial, real property, m&e, BA Accounting-Villanova and Rutgers University (45) Shelby St. John, valuation modeling, BS -Florida State University, MS -Georgia State University (15) We are looking forward to being of assistance by generally discussing appropriate appraisal / valuation alternatives, as well as addressing relevant procedures and strategies for your specific service application. Business Enterprise and Intangible Asset Valuations; Real Property, Machinery/Equipment and Inventory Appraisals; Feasibility Studies, Solvency Opinions, Fairness Opinions; Reviews of Appraisals/Valuations of Others - 101 American Society of Appraisers Providing Value Worldwide The American Society of Appraisers Attests that Alexander Ruden Accredited Senior Appraiser has successfully participated in the Society's mandatory Reaccreditation Program and has complied with its continuing education requirements, as set forth in the organization's Constitution, Bylaws and Administrative Rules. Therefore, formal reaccreditation has been granted by the International Board of Governors and will remain valid through May 13, 2023 ChfeExecutive Officer •' ''S�'•=v—"__moi ir o of Crede-66ihng Services 4-- -102- r Appraisal Review & Management ■ Business Valuation r Gains & Jewelry r Machinery & Technical Specialties r personal Property ■ Real Property FAA Current Search Criteria . Search Option All Locations . Search Last Name. Ruden Start New Search Reise My Search WHAT DO APPRAISERS Search Results Sed All Results 8y Lt: I ; tete Appraisers Matching Your Search Criteria 1m Name Discipline specialty Cityl S� tate 1 Country Alexander Ruden, ASA, ARM Appraisal Re -view ew & hUrragarzieM Apprai-al Reiiew & rlanagamen[ Atianla GA United�?S1S States . %Jexander Ruden, ASA. ARIJ ttachtneri & Technical Specialties I.tachmer, & Equipment Atlanta GA United States' Pr.,_ofi�a Alexander Ruden, ASA. ARM Address Phone 3350 Rnverwood M, 1(770)883-5987 AOanta.GA 30339 United States Email GEORGIA REAL ESTATE COMMISSION GEORGIA REAL ESTATE APPRAISERS BOARD ,fir rai c. lcam Website =_eac _,Val Cori FILL OUT THE FOLLOWING FIELDS AND CLICK ON SEARCH: F rid ,i koil I:. till'! AyeN 0 Find an Anpraisar Find a Company Find an hs'nicta First Name Last Name License Numixr RUDEN. ALEXANDER FRANKLIN 3680 Co ACTIVE OOr3012021. -103- Member ID, 3051 yt Discipline; ARLI, BITS Member Since: 04/24.11969 Pfav>rja# t+ANO Waffawidr, Expires; 1&31120.221 Memuership Card Alexander Ruden, ASA, ARM Accredited Senior Appraiser4c.tive -104- -105- i ,U) r.L _ > CL .� � Q tt� s.. CR� i-> 4..FD.... %- a� p C\j , . �� Dc cn d L. --- GNU W r LCL M CL a u CN -105- STATE OF GEORGIA ALEXANDER FRANKLIN RUDEN 3680 IS AUTHORIZED TO TRANSACT BUSINESS IN GEORGIA AS A CERTIFIED GENERAL REAL PROPERTY APPRAISER THE PRIVILEGE AND RESPONSIBILITIES OF THIS APPRAISER CLASSIFICATION SHALL CONTINUE IN EFFECT AS LONG Ac THE APPRAISER PAYS REQUIRED APPRAISER FEES AND COMPLIES WITH ALL OTHER REQUIREMENTS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, CHAPTER 43-39-A, THE APPRAISER IS SOLELY RESPONSIBLE FOR THE PAYMENT OF ALL FEES ON A TIMELY BASIS. D. SCOTT MURPHY JEANMARIE HOLMES Chairperson KEITH STONE WILLIAM A. MURRAY -106- ALEXANDER FRANKLIN RUDEN 9 3680 Status ACTIVE END OF RENEWAL 09/3012022 CERTIFIED GENERAL REAL PROPERTY APPRAISER THIS LICENSE EXPIRES IF YOU FAIL TO PAY RENEWAL FEES OR IF YOU FAIL TO COMPLETE ANY ..` REQUIRED EDUCATION IN A TIMELY MANNER, ' .• State of Geerg(a 'y }; Real Estate Commission Suite 1000 - International Tower �""`- 229 Peachtree Street, N.E. Atlanta, GA 30303-1605 " LYNN DEMPSEY Rea' Estate Commissioner D W 1234032640375006 - r "' D -'m ALEXANDER FRANKLIN RUDEN v p 3680 --1 --47 Status ACTIVE END OF RENEWAL = 0913012022 t— CERTIFIED GENERAL REAL PROPERTY W --i m mmx APPRAISER C) mz THIS LICENSE EXPIRES IF YOU FAIL TO PAY _ —{ [] - RENEWAL FEES OR IF YOU FAIL TO COMPLETE ANY m REQUIRED EDUCATION IN A TIMELY MANNER. N of Geo," I •'.�i" CAState tV -n Real Estate Comm!sswn i.�7,y ,' NSuite 1000 - Intemabonal Tower (.J CA zAtlanta, 229 Peachlree Street, N.E. GA30303-1605 LYNN DEMPSEY Real Estate Commissioner r, z 1234032640375006 -106- NMI DECISION OF THE VALUE ADJUSTMENT BOARD 'k1VALUE PETITION FUMDA Polk County County DR -485V R. 01/ 17 Rule 12D-16.0 02 F.A.C. Eff. 01/17 The actions below were taken on your petition. © These actions are a recommendation only, not final ❑ These actions are a final decision of the VAB If you are not satisfied after you are notified of the final decision of the VAB, you have the right to file a lawsuit in circuit court to further contest your assessment. (See sections 193.155(8)(1), 194.036, 194.171(2), 196.151, and 197.2425, Florida Statutes. Petition # 2021-00208 Parcel ID 20111524 Petitioner name SCOTT TYLER Property 355 PROGRESS RD The petitioner is: ❑ taxpayer of record Z taxpayer's agent address AUBURNDALE, FL 33823 ❑ other, explain: Decision Summary ❑ Denied your petition ❑ Granted your petition ❑ Granted your petition in part Value Lines 1 and 4 must be completed Value from TRIM Notice Before Board Action Value presented by property appraiser Rule 12D-9.025(10), F.A.C. After Board Action 1. Just value, required 4,788,006.00 4,788,006.00 4,788,006.00 2. Assessed or classified use value,* if applicable 4,788,006.00 4,788,006.00 4,788,006.00 3. Exempt value,* enter "0" if none 25,000.00 25,000.00 25,000.00 4. Taxable value,* required 4,763,006.00 4,763,006.00 4,763,006.00 *All values entered should be county taxable values. School and other taxing authority values may differ. Section 196.031(7), F.S. Reasons for Decision Fill-in fields will expand or add pages, as needed. Findings of Fact (See Attached) Conclusions of Law (See Attached) Q Recommended Decision of Special Magistrate Finding and conclusions above are recommendations. Alex Ruden Signature, special magistrate Stephanie May Signature, VAB clerk or special representative Alex Ruden Print name Date Stephanie May Print name Date If this is a recommended decision, the board will consider the recommended decision on at Address If the line above is blank, the board does not yet know the date, time, and place when the recommended decision will be considered. To find the information, please call (863) 534-6502 or visit our web site at https://apps.polkcountyclerk.net/d ❑ Final Decision of the Value Adjustment Board Signature, chair, value adjustment board Print name Date of decision Signature, VAB clerk or representative Print name Date mailed to artier 2021-00208 PagWcd 7 Findings of Fact for Petition 2021-00208: Hearing Scheduled for November 5, 2021 at 10:30 AM Property Appraiser's Office and VAB Representatives Tina Greene, CFE, Karen Price, and Todd Mudge Petitioner's Representative Eric Marrera and Katherine Ortiz for Scott Tyler of Ryan LLC, Houston, Texas Special Magistrate, Tangible Personal Property, Alex Ruden, ASA (MTS, ARM), CG/ Georgia Evidence Packages, 259 pages by PAO exclusive of notices, 154 pages by Petitioner excluding petition and power of attorney The subject business enterprise is referred to as Buckhead Beef Company, located at 355 Progress Road in Auburndale, Florida 33823. The firm operates out of a 110,000 square foot facility. The firm is a beef meat packer providing beef cuts of meat to food markets and restaurants. The firm is a subsidiary of Sysco, per information on the internet Sysco is a global leader in selling, marketing and distributing food and non-food products to restaurants, healthcare and educational facilities, lodging establishments and other customers around the world. Overview of more important evidence presented by the Property Appraiser's Office The Original Cost Value reported by Buckhead Beef is $10,784,272, with an assessed value of $4,788,006, less the Exemption Value of $25,000 netting to the Base Taxable Value of $4,763,006. The valuation considers the Cost Approach, Sales Comparison Approach and Income Approach, with the value estimated being based upon Fair Market Value - Installed. As such, Fair Market Value - Installed must meet the following requirements: 1. Equipment is installed 2. The highest and best use is as installed for the purpose of producing income 3. The equipment is employed or part of a business enterprise used to produce income 4. The equipment is economically feasible The Cost Approach was developed for the purpose of the PAO's analysis, considering Replacement Cost New - Installed, physical depreciation, but not functional nor economic obsolescence. It is noted that the PAO indicates that the depreciation schedule developed by Polk County indicates shorter normal useful lives than those provided by Marshall Valuation Service or the American Society of Appraisers. Further, due to the nature of mass appraisal, the PAO relies on the historic or actual age of the TPP to 2021-00208 Pagga of 7 represent its effective age. The Useful Life Study of the Polk County PAO is provided as an addendum within their exhibit package. Neither the Sales Comparison Approach nor the Income Approach was developed by the PAO. Other subjects addressed within the PAO evidence include the concept of Inutility (plant operating at less than its design or rated capacity), and Capacity Utilization Rate (actual output / potential output). It is noted that the PAO requested financial, production, and other information from the Petitioner, with such information not being provided. Further the PAO was not permitted to view the Tangible Personal Property at the subject facility. The PAO provided an account summary by asset category detailing the original cost, replacement cost new, depreciation table, assessed value, overall % good to replacement cost new, item count and oldest to newest date. Following the account summary is an asset by asset listing of each rendered/reported asset by description, year acquired, original cost, index factor, replacement cost new, depreciation table, % good and assessed value. To the original cost by year acquired the PAO applied an index factor, by asset description, to develop the Replacement Cost New. These index factors the PAO states are from the Producer Price Index prepared by the Bureau of Labor Statistics. According to Investopedia on the Internet "the producer price index (PPI) is a family of indexes that gauges the average fluctuation in selling prices received by domestic producers over time." It is noted that some assets, such as a refrigerator, may increase in cost over time. Conversely some assets such as personal computers may decrease in cost over time. Graphed information is provided by the PAO as to its normal useful life studies for kitchen equipment, general office furniture and equipment, computer and accessory equipment, laptop computers, general security equipment, conveyor equipment, molds/ dies, and signage. For each of the noted asset classes Polk County represents that such assets are currently in use, with the applied depreciation for the county being shorter. For example, conveyor equipment of 12-15 years of age is still 46% and 36% respectively in use. For this asset category a 10 year Normal Useful Life was applied. The Industry Sector estimated Normal Useful Lives chart of the American Society of Appraisers is provided. Then the ASA's specific life chart of some 28 pages is presented. The business personal property tax return of Buckhead Beef (Budkhead Florida) is then presented. The 2021 Polk County Department Code Index and trend factor listing is presented. The trend factor chart, 27 pages, utilized by the PAO is presented. 2021-00208 Pagpb of 7 The PAO Consideration, by each of its 8 points, of Florida Statute 193.011 is offered (see pages 242-244). Relating to Covid-19 information is offered concerning the State of Florida's response to the pandemic, noting that Florida has created its own guidance in this regard. Overview of more important evidence presented by the Petitioner The Petitioner was represented by staff of Ryan, LLC. The evidence offered related to both the Fair Market Value -Installed, without consideration of the effect of Covid-19 (ie. economic obsolescence) as well as due to the effect of the pandemic. The more important information 1. Executive Summary 2. Purpose of Appeal 3. Company Profile 4. Property Description 5. Reference Sources provided as evidence by the Petitioner is as follows: 6. Florida Personal Property Assessment Process, noting 8 factors of F.S. 193.011 Key considerations of the evidence are as follows: 1. The assessment must be arrived at by complying with F.S. 193.011 2. The assessment must be arrived at by complying with "professionally accepted appraisal practices, including mass appraisal standards, if appropriate". 3. F.S. 194.301 provides that "The provisions of this subsection preempt any prior case law that is inconsistent with this subsection". The Petitioner's representative then presents the following information: 1. Citations from the VAB training manual 2. Information concerning the Darden Restaurants case 3. Information about the Cost, Sales Comparison and Income Approaches to value, stating that the PAO has not considered Functional Obsolescence nor Economic Obsolescence in its value analysis. 4. Discussion of the Marshall Valuation Service depreciation tables. The Petitioner also utilized the Cost Approach, modified by its analysis to capture depreciation / obsolescence from all causes. Further, the Petitioner cites Willamette (a well respected national appraisal company) stating that 3 economic principles form the basis of the cost approach to valuation, ie. Substitutions, Supply and Demand, and Externalties. Further, the Petitioner cites The Appraisal Foundations USPAP Standard 5 guidance as to the elements that are required to produce a credible mass appraisal. Then the Petitioner cites 16 points of the IAAO and ASA describing appropriate methodology 2021-00208 Pag 4 of 7 for developing depreciation schedules from market derived data. The ASA's concept and application of Remaining Obsolescence Factor is addressed particularly as it relates to asset classification groups. Discount for Ownership is addressed, ie. discounts applicable immediately after an asset is purchased, and offered for sale or sold to a secondary owner (for example a newly purchased automobile immediately sold to a secondary purchaser). The Petitioner cites the work of PTRS in developing depreciation schedules for Tangible Personal Property. It is stated that comparable sales data is utilized in this regard. The Petitioner then offers its value analysis table showing pre-Covid-19 and post- Covid-19 values as they are affected thereby. In this regard much information is provided relating to macro -economic effects of Covid-19. Extensive discussion of economic obsolescence follows. Thereafter the Petitioner essentially presents an extensive essay addressing numerous published and case sources discussing the development and use of depreciation curves. Appendix G. H and I — PTRS Market -derived Depreciation Schedule Guide is addressed. Appendix J is the Petitioner's Asset Detail Valuation Analysis, applying inflation factors and the PTRS depreciation factors. 2021-00208 Pa of 7 Conclusions of Law for Petition 2021-00208: Conclusions of Law The Property Appraiser's Office presented reasonable evidence leading to a credible indication of value. Key elements of this consideration are as follows: 1. Cost Approach data is developed, with both the Sales Comparison Approach and the income Approach considered not being applicable nor capable of reasonable development. 2. The PAO utilizes shorter lives, based upon its own market research, as compared to DOR provided lives and/or ASA developed lives. 3. The PAO astutely indicates that the Cost Approach does not consider either functional or economic obsolescence, nor did it apply additional depreciation factors in this regard. 4. Depreciation factors are based upon the Marshall Valuation Service age/life table, considered by the appraisal industry as being a reasonable indication of "installed" remaining value. 5. Neither functional obsolescence nor economic obsolescence factors, prior to addressing Covid-19 issues, were developed. 6. The PAO did not address any possible economic obsolescence effect of the Covid-19 pandemic, other than offering information concerning how the State of Florida dealt with such issues. 7. Overall, the value information developed by the PAO is considered reasonably persuasive The Petitioner presented evidence relating to the values without consideration of the Covid-19 pandemic, as well as considering the possible level of economic obsolescence resulting from the pandemic. Key elements of this consideration are as follows: 1. The Petitioner states that the PAO analysis does not include all forms of depreciation. However, the PAO does state in its evidence that neither functional obsolescence or economic obsolescence has been applied in its analysis. 2. The Petitioner extensively relates valuation information from a number of respected sources (as previously noted). Such information is considered generally reasonable "guidance" within the profession. 3. The Petitioner applies its essentially straight-line age/life factors, as compared to the age/life curve utilized by the PAO, the latter PAO factors being considered to more appropriately reflect physical deterioration of installed tangible property. 4. The Petitioner relies heavily upon information provided by PTRS, an independent consulting firm, for its development of its age/life factors, as well as Remaining Obsolescence Factors. However, there is not clearly provided or sufficient asset detail information in this regard. 5. Relating to the possible effect of Covid-19 causing additional economic obsolescence, the Petitioner's information is not acceptably developed. As has been noted the PAO requested from Buckhead Beef (not its parent Sysco) detailed financial and production information in this regard. Such requested data was not provided. Further, the PAO requested access to the facility, but such access was denied. Lastly, and of significant 2021-00208 Pafiof 7 importance, the Petitioner offers generalized statements concerning the national impact of Covid-19 on industry, as well as general information concerning Sysco (the Buckhead Beef Company's parent). Such general information is not directly related to this appeal matter and is considered irrelevant. In conclusion, the value information developed by the PAO office is reasonably developed and generally credible. The value information offered by the Petitioner is general in nature and not sufficiently detailed nor supportive as it relates to the subject property. THEREFORE, IT IS THE DECISION OF THE SPECIAL MAGISTRATE THAT THE PETITION IS DENIED. 2021-00208 pw,3 of 7