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08/08/2024
Ryan, L. Butler Clerk_of Circuit Court & Comptroller Clerk to the Board.and Value Adjustment Board 1801 27t Street y 5..... INTRODUCTIONS & CONTACT INFORMATION::— :° .... A. Introduction of Board Members/Board Clerk B. Board Members list and designated Board Clerk's contact .information....«...:.........1.w. .. t .... b. APPROVE RENEWAL OF THE:: AGREEMENT BETWEEN INDIAN RIVER r: . COUNTY VALUE ADJUSTMENT BOARD AND :MICHELLE D. NAPIER; ESQ:,... AND NICHOLAS BYKOWSKY, ESQ.,_:OF NAPIER & ROLL-IN, PL LC ATTORNEYS � AT LAW FOR LEGAL SERVICES,: PURSUANT TO.DOR RULE 12D-9.#113(1) (C): .. y A. Attorney Contract.........................................................................................................2_5.:. E: 7. APPROVAL OF THE MINUTES {A. VAB Final Meeting Minutes of April ......................................... .. y 8. APPROVE RESOLUTION. SETTING. THE FILING FEE TO .BE NO. MORE THAN ! . " $15 PER PARCEL FOR THE 2024 PETITION FILING PERIOD; PURSUANT TO F.S. 194.013. A. VAB Resolution 2024-1................................................................... 10:11 9. 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 i.: A. Claudette Pelletier, Esq...........................:.::.::........:::..........................:.::.:.........:.12=18 4 B. James Haynes Davis .............................. . ..19-38- : 10. SET THE RATE OF PAY FOR ATTORNEY" SPECIAL MAGISTRATES ' Rate: of pay for Attorney Special Magistrates is $125.00 per hour. y 11. DISCUSSION AND APPOINTMENT OF APPRAISER APPLICANTS TO SERVE AS . . SPECIAL MAGISTRATES FOR REAL PROPERTY VALUATION,-PURSUANT TO i F.S. 194.035. A. Stephen Boyle............::.....«................ ........ ....... ....:......... .............. .,..... :;.......,::.......39-49 .. i B. Terrie Peltier :...........:.:...,...............:..:........«:.........:.:.::................:.......:... ,,..........SQ: 59 C. Robert Busler...... ..:.:.:................ .............:................:...............:........««.»....:...:.::.:::.60-67 ... _. D. Scott Sehr...::...........................::....................««..:...........................:«..::...........::... 68-76 2024 VAB Organizational Meering Agenda Page 2 August 8, 2024 .... 2024 VAB Organizational Meeting Agenda Page 3 August 8, 2024 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. 2024 VAB Organizational Meeting August 8, 2024 AGREEMENT BETWEEN THE INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD and NAPIER & ROLLIN, PLLC FOR LEGAL SERVICES This Agreement is made and entered into by and between the Indian River County Value Adjustment Board, 1801 27th Street, Vero Beach, Florida 32960 (hereinafter referred to as "Board"), and Michelle D. Napier, Esq., and Nicholas Bykowsky, Esq., of Napier & Rollin, PLLC Attorneys At Law, 2066 14'' Avenue, Suite 201, Vero Beach, Florida 32960 (hereinafter referred to as "Counsel "), on this 8th day of August 2024. WITNESSETH: WHEREAS, the Board needs the services of an attorney (and not the County Attorney) as provided by Chapter 194, Florida Statutes, for the purpose of representing the Board, giving legal advice to the Board, attendance at Board meetings and appeals; and WHEREAS, Counsel desires to provide such services to the Board as an independent contractor, WHEREAS, Counsel confirms she meets the qualifications of §194.035 Fla. Stat. (2008) in that she/he is not an elected or appointed official or an employee of Indian River County; she/he is a member of the Florida Bar for more than five years; and she/he shall not represent the Property Appraiser, the Tax Collector, any taxing authority or any property owner in any administrative or judicial review of property taxes during the time she shall serve as Counsel. NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payment hereinafter set forth, the Board and Counsel agree as follows: ARTICLE 1: SERVICES 1.1 The above recitals are true and correct and are hereby incorporated into this agreement. 1.2 Counsel shall perform professional services to the Board as outside, independent contract Counsel. The Counsel's services shall include, but not be limited to the following: a. Attending all meetings of the Board pursuant to Chapter 194, Florida Statutes; b. Providing prompt professional legal advice to the Board including, but not limited to research legal issues and prepare such opinions, memoranda and reports as requested by the Board or the administrative support staff of the Board; c. Counsel to the Board will advise Board members, Board staff and at times, special magistrates on the interpretation and application of relevant statutes, regulations and policies, including Chapters 193 through 196. -2- 1.3 Counsel shall be responsible for complying with all federal, state and local rules, regulations, statutes, laws or ordinances, regarding payment for services under this Agreement, and any reporting requirements there under. Counsel agrees that she/he will not display or distribute business cards or otherwise advertise for business while serving as Counsel for the Board. 1.4 During any hours Counsel provides services to Board, Counsel shall devote her/his full time and effort to the services being performed for the Board. Counsel shall truthfully and accurately maintain all records and make such reports as the Board may require. Counsel shall comply with all requirements of Chapter 119 F.S. with all Board matters. 1.5 Should Counsel find that there may be the potential for a conflict of interest, the Counsel shall notify the Board and/or the Clerk to the Board in a timely manner. ARTICLE 2: FEES 2.1 The Board shall pay Counsel the rate of $175.00 per hour for her/his services, $100.00 per hour for paralegal services and $50.00 per hour for clerical services. 2.2 No travel expenses or travel time shall be paid for routine travel to and from the County Administration Building at 1801 27th Street, Vero Beach, Florida. Normal office supplies consumed in the course of this project will not be reimbursable. ARTICLE 3: TERM OF SERVICE 3.1 The term of this Agreement shall begin on August 8, 2024 and shall continue for a period of three years, terminating on August 9, 2027. If agreed upon by both the Board and Counsel, this agreement may be extended for an additional two-year period upon giving written notice to Counsel no less than sixty (60) days prior to the original expiration date. Counsel shall notify the Clerk to the Board of any scheduling conflicts so that they may be resolved in a timely manner. It is intended by both parties that Counsel's pay rate is to be negotiable annually, regardless of the contract term. 3.2 This Agreement may be terminated by the Board, with or without cause, by written notice to Counsel of the intent to terminate. Such termination shall be effective immediately upon receipt of such written notice of intent to terminate. Counsel may terminate with or without cause, upon 30 days written notice, to enable the Board to retain replacement Counsel. 3.3 In the event of termination, Counsel shall be entitled to compensation for services rendered and costs incurred through the effective date of termination. All finished or unfinished documents prepared by Counsel shall become the property of the Board and shall be delivered by Counsel to the Clerk to the Board immediately upon the effective date of termination. ARTICLE 4: METHOD OF BILLING AND PAYMENT 4.1 Counsel shall submit billings for payment of services actually rendered on a monthly basis to the Clerk of the Board for processing. Billings shall provide the nature of the services 2 -3- performed and shall include a summary of any amounts previously billed and any credits for amounts previously paid. 4.2 Counsel acknowledges that each billing must be reviewed and approved by the Clerk of the Board or its designee. Should the Clerk of the Board or its designee determine that the billing is not commensurate with services performed, work accomplished or hours expended, Counsel shall adjust billing accordingly. However, Counsel shall be entitled to payment of any portion of a billing not in dispute. 4.3 The Board shall pay Counsel's billings in accordance with Section 218.70 through 218.79, Florida Statues, the Local Government Prompt Payment Act. ARTICLE 5: STANDARDS AND CORRECTIONS 5.1 Counsel shall perform or furnish to the Board her/his professional services in accordance with the generally accepted standards of Counsel's services and with any laws, statutes, ordinances, codes, policies, rules and regulations governing Counsel's services hereunder. 5.2 Counsel shall, without additional compensation, correct and revise any errors, omissions, or other deficiencies in her/his work product, services, or materials arising from the negligent act, error or omission of Counsel. The foregoing shall be construed as an independent duty to correct rather than waiver of the Board's rights under any applicable statute of limitations. The review of, approval of, or payment for any of Counsel's work product, services, or materials shall not be construed to operate as a waiver of any of the Board's rights under this Agreement. ARTICLE 6: NO CONTINGENT FEES 6.1 Counsel certifies that she has not employed or retained any company or person, other than a bona fide employee working solely for Counsel, to solicit or secure this Agreement and that she has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Counsel, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Board shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 7: NO ASSIGNMENT 7.1 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by Counsel without the prior written consent of the Board. Further, no portion of this Agreement may be performed by subcontractors or subconsultants without written notice to and approval of such action by the Board. ARTICLE 8: SEVERABILITY AND WAIVER 8.1 In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either 3 -4- party of any breach of any provision, term, condition or covenant shall not be construed by the other party as a waiver of any subsequent breach. ARTICLE 9: GOVERNING AND LAW VENUE 9.1 This Agreement shall be governed and construed in accordance with Florida law. In the event litigation arises involving the parties in connection with this Agreement, venue for such litigation shall be in Indian River County, Florida. ARTICLE 10: INDEPENDENT CONTRACTOR STATUS 10.1 Counsel is an independent contractor and is not an employee, servant, agent, partner or joint venturer of the Board. IN WITNESS WHEREOF the Board and Counsel has caused these presents to be executed in their names, the day and year first above written. (NAME) Signature of Counsel, for the Firm NAPIER & ROLLIN, PLLC WITNESS: Attest: Ryan L. Butler Clerk of Circuit Court and Comptroller Deputy Clerk 4 -5- VALUE ADJUSTMENT BOARD OF INDIAN RIVER COUNTY, FLORIDA VAB Approved: , Chairman 5. APPROVAL OF MINUTES A. VAB Organizational Meeting of August 16, 2023 ................................................1-6 ON MOTION by Commissioner Earman, SECONDED by School Board Member Dr. Jones, the Board voted 4-0 (Vice Chairman Wykoff was absent) to approve the Value Adjustment Board Organizational Meeting Minutes of August 16, 2023 as presented. 6. 2023 VAB Recap.............................................................................................................. 7 VAB Clerk Terri Collins -Lister provided a recap of the 2023 VAB Tax Year and a comparison to the previous tax years. 7. APPROVEAND 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. 2023 Special Magistrates' Recommendations.......................................................8-9 VAB Clerk Terri Collins -Lister presented the 2023 Special Magistrates' Recommendations. Attorney Napier confirmed that she had carefully reviewed each recommendation for legal sufficiency and also introduced Attorney Bykowsky, who had assisted in the review process. Commissioner Earman referred to the Special Magistrates' Recommendations and engaged in a discussion with Billy Anton from the Property Appraiser's Office regarding Petitions 2023-007 and 2023-154. Mr. Anton provided details, explaining that Petition 2023-007 was filed by Sommers Family Land Farm LLC to increase the agricultural classification on their property from 5.4 acres to approximately 10 acres. Petition 2023-154 pertaining to a vacant oceanfront property lot with a newly constructed building near the Kansas City Colony Club. Following this, there was a discussion where Mr. Anton clarified why the majority of the recommendations were denied due to insufficient evidence provided by the Petitioners to support their claims against the Property Appraiser's valuation. Additionally, Mr. Edgar Valdes, Taxpayer for Petition 2023-001, expressed his concern about being denied a homestead exemption. He sought guidance on the steps he needed to take to appeal the Special Magistrate's decision. Value Adjustment Board Final Meeting Minutes- 2023 Tax Year Page 2 April 11, 2024 - 7 � 10. PUBLIC COMMENT ..... There was none. 11. OTHER BUSINESS There was none. 12. ADJOURNMENT There being no further business, the meeting adjourned at 12:10 p.m. Value Adjustment Board Final Meeting Minutes- 2023 Tax Year Page 4 April 11, 2024 -9- i -11-- SPECIAL MAGISTRATE APPLICATION " s INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD '20Rt04' (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. 4 194.035) 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 o f 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; [:121 to 30 hours per week -,X 31 to 40 hours per week. Name: Home Mailing APPLICANT INFORMATION rsusmess name: Business Address: Phone: Home/ Business/ Cell/ %. - If I Fax: _ E -Mail: • 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.inyflorida.comJdoLpropegy/vab/training.litml. Return your completion certificate to the VAB clerk. Attorney Magistrate Applicant: Bar Number: /�-1 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 mmnber of years you have in the area of tangible property valuation: Page 1 -12- v01/13/2015 SPECIAL MAGISTRATE APPLICATION n INDIAN RLYER COUNTY VALDE ADJUSTMENT 130A R1) (APPLICAIM MUST WET QC .1F1CA;noNs OUTLWLD QV Fi A _ S IAT 19d tt3S) 1. Educ tonal Background 1- 2. List any experience and/or specialty for the following property types: PROPERTYTYPE. EXPERIENCWSPECLkLTY Residential Real Property Commercial Real PmpertN r f Tan Ne Pro ; other (pleasespecify) 3, if you currently or previously have served as a special magistrate, please provide the municipadi'ty� or county and dates served. T:r,Q i t %ZO 1P 4. Have �rou ever n dismissed, terminated or denied appoin rncni as a speci;l magistrate for poor or unproper performance? PNo [i Yes (please explain) 5. List any additional htforfn*1011 Which makes you qualified to serve as a special magistrate. Also pKrvide name and contact information of at least two individuals who can attest to your years of experience in ad valorem to tangible sonal properi * o teal pro sacs. f i-i� 6. Are you willing to accept the Value Adjustment Board established schedule of fees?XYes ❑ 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 oxpaience with computers and list lite applications you arc familiar with, including Mia. .... ORGANIZATIONS 1. List each organization, recognized by the real cstatc appraisal industry or the professionals in that held. in which you are currently or have previously been a designated member: ORGANIZATION DESIGNATION DATE , MEMBER # or these nraani2ations describe ami ocadble conflict of interest that could occur or thea pPenranet of a conflict of interest that may prevent you frornjh v conducting a hearing: VZ 9 70,71 2 -13- SPECIAL MAGISTRATE APPLICATION #'2oRio4 INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. � 194.035) Have you ever been disbarred, suspend dor received any other disciplinary action from any organized association, or from the State of Florida? ( No [l Yes (please explain) 4. List any personal or business relationslup 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: x e X l_ 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. ,1 A)Z- 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? El Yes V No 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 of law in fidfilling the duties of special magistrate. e. Signature of Applicant Printed Name of Applicant Page 3 -14- v01/13/2015 Claudette A. Pelletier P.O Box 644041 Vero Beach. VL 32964 Phone: (772) 713-1088 Email: Pelletierlaw-a:aol.com Education Northeastern University. B.A. - top 1/3 University of Baltimore. J.D. —top 10% Law Review Editorial Staff Hague Academy of International Law. Certificate Employment History Vero Beach. FL 32963 The United States Treasury 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 Lobbyist- 1975 Florida Legislative Session: City Attorney for City of Lake Buena Vista and Citv of Bav Lake: Counsel to Reedy Creek Improvement District. r Securities Fraud Project- 18 month LEAA 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. -15- rase M3mber Singooe� Claudette A Feil:,OtW -16- Other Assistant General Counsel- Broward County., Florida Responsibility for general litigation. as well as land and airspace acquisition. property dedications and vacations. leases. property 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 Property Appraisal Adjustment Board. Private Practice of Law - Handling civil litigation in the ad valorem tax areas of the law- from county court. circuit. District Courts of Appeal. and the Supreme Court of Florida. Representation of private clients in the areas of. securities law. bankruptcy 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 I Vh Circuit Court of Appeals Admitted to Federal District Court. Middle District Florida Academy of Trial Lawyers. Member Aviation Law- 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 County Special 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 Indian River County Real Property Council Member CPA/Law Forum of the Treasure Coast (appointed 1995) Board of Directors/Secretarm--Treasurer of the North Count -v- Charter School Exchange Club of the Treasure Coast. Board of Directors/Vice President Vero Beach Museum of Art — Member and Benefactor. -17- Findings of Fact: Page 2 of 2 The Petitioner was present. The Property Appraiser's Office was represented by Margo Maxwell. All witnesses took an oath prior to presenting testimony and there were no issues raised in regards to the submission or presentation of any evidence. The timely filed homestead exemption application was reviewed and denied by the Property Appraiser's Office due to the limited fact that as of January 1, 2017 Petitioner did not have a Florida driver's license. Petitioner testified that he has owned the subject property since 2012, moved into the condominium in September 2014 due to the impending divorce, was granted as part of his Pennsylvania divorce proceedings exclusive use and possession of the condominium in 2015, and in 2016 the court removed his now former wife's name from the property as evidenced by a deed executed in December 2016. Petitioner did have two of his three cars registered in Florida during this time, and one in Pennsylvania. Petitioner explained that he retained his Pennsylvania driver's license during this time as it did not expire until 2018. Various bills, including utility bills, evidence Petitioner's residency in the condominium prior to January 1, 2017. In fact, the Property Appraiser's Office admits that the denial of his application is solely due to the fact that he did not obtain a Florida driver's license until after January 1, 2017. Conclusions of Law: When a taxpayer seeks a preferential tax treatment such as relief from an ad valorem tax, the statute under which he claims the benefit must be strictly construed against the taxpayer. DeQuervain v. Desguin, 927 So. 2d 232, 236 (Fla. 2d DCA 2006). Furthermore, the person claiming the exemption or beneficial classification has the burden of proving by testimony or evidence that he qualifies for such preferential treatment. Schooley v. Judd, 149 So. 2d 587, 590 (Fla. 2d DCA 1963). The burden of proof in an exemption or classification hearing falls upon the Petition to prove eligibility by at least a preponderance of the evidence. In this case, Petitioner was able to put forth evidence of other statutory indicia of residency as of January 1, 2017. Under Section 196.015, Petitioner is not per se barred from obtaining a current year's exemption due to the fact that he did not have a Florida driver's license. Petitioner carried his burden of proof and is entitled to the 2017 homestead exemption. Accordingly, the petition is granted. -18- SPECIAL MAGISTRATE APPLICATiON •D INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFiCATtONS AUTLINED IN LI.A. S"1;11'. � 194,935) Please type or print. If more space Is needed, attach additional sheets. Applicants into- supplement their application with a resume. llrnvever, a resume cannot be mecl in tic -it of'air applieertlon. Application for: 1@ Attorney Special Magistrate Q Appraiser Sial Magistrate for... Real Property and/or ❑ Tangible Personal Property Ifappointed, how much time would you be available to conduct hearings and complete your recommendations? n 1 to 8 hours per week; ❑ 9 to 20 hours per week; [] 2l to 30 hours per week; 2331 to 40 hours per week. APPLICANT INFORMATION Name: JOSEPH HAYNES DAVIS, ESQUIRE Address:. 8421 SHADY GLEN DRIVE ROLANDO FLORIDA 3819 Mailing Address: 2750 TAYLOR AVENUE B207 ORLANDO FLORIDA 32806 M _ Business Name: LAW OFFICES OF JOSEgH HAYNES DAVIS. PA Business Address: 2750 TAYLOR AVE. 8207 ORLANDO FLORIDA 32806 Phone: Home! Business/407 839 3725 Cell/407 I6 6961 Fax: 407 839 4708 E -Mail: JOSEPH.DAVi.50WI-IDI_AW.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 oforiginal material. 11 �t+u ir<i%e s4r%ell t+� a apt vis+i nr.itEistr-la&! l,rc:%>i),i, lw. . Irae yuhm;t a rcc++r»nnnsl� d +ic c: i;iun a . uur +a7ptc. Do not submit a copy of an appraisal as a writing sample. • Prior to conducting hearings, all applicants are required under Fla. Stat. j 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:.,7dor.mj&rid„a gnt'dur�propert „ ►,� traini� litix t. Return your completion certificate to the VAB clerk. LICENSURE/EXPERIENCE Attorney Magistrate Applicant: Bar Number: 0458058 Date of Admission: 1/230-001 How many years of experience do you have in the area of ad valorem taxation; SINCE 2908 _ Appraiser Magistrate Applicant: Residential Appraiser License !i: Valid Through: General Appraiser License N: 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 properly valuation: PUSS: I WVU2015 -19 . iwrrr SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT )BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN P'1.x1. "1;1 I. y 104.033) 1. Educational Background ILLINOISSTATE UNIVERSITY.B.S,; UNIVERSITY OF PENNSYLVANIA, MSW. R R A CAMDEN, J.D. 2. List any experience and/or specialty for the following property types: PROPERTY TYPE EXPERIENCE/SPECIALTY i Residential Real Property CLOSINGS SINCE 2001 Commercial Beal Property Tangible Property CLOSINGS SINCE 2001 BANKRUPTCY ATTORNEY Other (please seci ) 3. 1 f you currently or previously have served as a special magistrate, please provide the municipality or county and dates served. SEE ATTACHED 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 ATTACHED Appointed as the Sumter County f lorida Valpe Adjusttnent Boeld Ic-eal counsel on ApEil 11. 7023. U. 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. ?. Explain your level of knowledge and experience with computers and list the applications you are familiar with. including Axia. AXIA IN ORANGE, OSCEOLA.BREVARD. VO USIA PINELLAS HILSSBQR0QgH.A — SEE ATTACHED ORGANIZATIONS L 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 MEM13ER# N/A 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: Pam , vbtt1312015 -20- SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUAL[fiCATioNS OUTLINED IN I' iA S'Ll 1 $ 110151 3. Have you ever been disbarred, suspended or received any other disciplinary action from any organized association, or from the State of Florida? ® No Q 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: NONE S. 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 conflict of interest might arise that would prevent you from fairly conducting the hearing between the property appraiser and the property owner and taxpayer. NONE 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 M No Ifyes, please provide details: lite undersigned certifies, under penalty of clisqualiTcmion from consideration, that each !tett contained in this applicailon, or any other doctanent furnished 4- or on hehalf of the applicant is true and complete as of the date it bears. The undersigned artthorizes the !slue Adjustment Board to obtain *ormation from other sources to ver?& each iteJJ�C l/tt[U71N drain. Tito undersigned acknotrledges that. ifselected. he/she trill fr /Mis all requirements and mandaft��lllbtg the ditties gfspeclal magistrate. of of Date: IN2024 2024 Page 3 rt)1! 131201 S -2f- 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 joseph.davisgjhdlaw.com • Website www.jhdIaw.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 91h 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 121h 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, 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, 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 magistrate by Bay County, Florida. -22- • 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. • Appointed as the Sumter County Florida Value Adjustment Board legal counsel on April 11, 2023. Areas of Expertise Business Civil & Transactions Criminal Legal Experience Personal Real Estate Sports & Family Injury Estate Planning Entertainment Law Law Offices of 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, Civil 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. • Personal Injury: Routinely handle all aspects of wide range of plaintiff's personal injury cases from client interview through settlement or trial. • Family: Represent 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. P -23- • 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 2000). Youngest brother to the late trumpeter and music icon, Miles Davis. Education and Professional Development J.D. Rutgers Law School, Camden, NJ, 1996 Dean's List, Spring 1996 M.S.W. University of Pennsylvania, School of Social Work, Philadelphia, PA, 1992 B.S. (Communications/Journalism) Illinois State University, Normal, IL, 1981 Recipient, Outstanding Graduate in Communications, 1998 Regularly attend continuing education (CLE) courses and professional seminars. Bar Admissions • State of Florida, 2001; U.S. Middle District of Florida 2001; U.S. Southern District of Florida 2012 Professional Affiliations • Orange County Bar Association • Central Florida Real Estate Investors • Business Opportunities Group Incorporated (BOGI) • Rutgers Law School Alumni Association • Sanford Housing Authority, Board Chairman (04/01 to 02/02) Computer Skills • Westlaw • Lexis -Nexis • WordPerfect -24- • Microsoft Word • Internet • E-mail • Axia (Value Adjustment Board, Florida program) -25- • Westlaw 30 years • Lexis -Nexis 30 years • WordPerfect 32 years • Microsoft Word 32 years • Internet 32 years • E-mail 27 years • Axia 15 plus years • FindLaw 16 plus years Computer Experience VAB 2024 JOSEPH HAYNES DAVIS. ESQUIRE -26- INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD ATTORNEY SPECIAL MAGISTRATE APPLICATION 2024: NAME AND CONTACT OF INDIVIDUALS WHO CAN ATTEST TO THE YEARS OF EXPERIENCE IN AD VALOREM TAXATION JOSEPH HAYNES DAVIS, ESQ. 1. 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 karenwonsetlergyahoo.com. 2. 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 3. Aaron Thalwitzer, Esq. 257 N. Orlando Ave. Cocoa Beach, FL 32931; (321) 799-4777; Aaron@BrevardLegal.com -27- JOSEPH HAYNES DAVIS, ESQUIRE INDIAN RIVER COUNTY FLORIDA VAS SPECIAL MAGISTRATE APPLICATION 2024 EXPERIENCE IN AD VALOREM TAXATION ISSUES AIDDITIO.NAL INFORMATION THAT QUALIFIES ME TO SERVE 1 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, l 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. 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. For 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 application for Veterans total disability exemption based on extenuating circumstances pursuant to Section 1%.01 t(8) Florida Statutes (2010) and Section 196.081 Florida Statutes (2010.) no 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 lnfWda Statute 193.15 5(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 b 96:011(8) Florida SMWLO-s (2U11) The issuc(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 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 pennanent 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. 12. Appointed as the Sumter County Florida Value Adjustment Board legal counsel on April 11, 2023. 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 clerk 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 cleric 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 as a VAB -29- Special Magistrate in the counties listed in this application and on my resume, and because of my 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 counties in the capacity as a Special Attorney Magistrate. And, I thank you for considering me for this 2024 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 #13207 Orlando, Florida 32806 Telephone: (407) 839-3725 Facsimile: (407) 839-4708 Joseph.davis@jhdlaw.com -30- ATTORNEY -SPECIAL MAGISTRATE HEARING OFFICER FOR VALUE ADJUSTMENT BOARDS, AROUND THE STATE OF FLORIDA 2024 JOSEPH HAYNES DAVIS, ESQUIRE • 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, 2011, 2022, and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Manatee County, Florida • In 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2019, 2021, 2022 and 2023 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, 2019, 2020, 2021 and 2022 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, 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Brevard County, Florida • In 2013, 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Indian River County, Florida • In 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Volusia County, Florida • In 2013, 2019, 2020, 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Citrus County, Florida 1 -31- • In 2013, 2015, 2017, 2018, 2019, 2020, 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Marion County, Florida • In 2014, 2015, 2020, 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Bay County, Florida • In 2014, 2015, 2016, 2018, 2019, 2020, 2021 and 2022 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Lee County, Florida • In 2014 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Nassau County, Florida • In 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Leon County, Florida • In 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Pasco County, Florida • In 2016, 2017, 2018, 2019, 2020, and 2022 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Polk County, Florida • In 2018, 2019, 2020, 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Pinellas County, Florida • In 2018, 2019, 2020, 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Alachua County, Florida. • In 2019, 2020, 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by St. Johns County, Florida • In 2017, 2018, 2019, 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Osceola County, Florida • In 2020, 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Santa Rosa County, Florida • In 2019, 2020, 2021, and 2022 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Sarasota County, Florida 2 -32- • In 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Okaloosa County, Florida • In 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Walton County, Florida • In 2021, 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Escambia County, Florida • In 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Palm Beach County, Florida • In 2022 and 2023 appointed to serve as an exemption/classification Value Adjustment Board Special Magistrate by Collier County, Florida 3 -33- -34- 1/18/2024 930a m Petition #39 PETITIONER: PETITION 39 - SKILES DON LEWIS 7601 N WHIPPOORWILL TER, HERNANDO Parcel I D : 19 E 17529 12300 SKILES DON LEWIS 7601 N WHIPPOORWILL TER, HERNAND Name: DON LEWIS SKILES Mailing Address7601 N WHIPPOORWILL TER. HERNANDO FL 34442 2031 PARCEL KEY: Altkey: 1575460 ISSUE: Denial of Agriculture Classification STATUTE: FLORIDA STATUTE: 193.461 MAGISTRATE: Joseph Haynes Davis PROPERTY VALUES WERE READ INTO THE RECORD BY THE PROPERTY APPRAISER PROPERTY APPRAISER: HERB MACK/ DAN ROBBINS/LORI OLSEN ALL PARTIES WERE SWORN APPLICABLE STATUTE: Florida Statute 193.461; EVIDENCE EXCHANGE BEFORE HEARING. PROPERTY APPRAISER EVIDENCE #1 WAS ADMITTED WITHOUT OBJECTION. PETITIONER EVIDENCE #1 WAS ADMITTED WITHOUT OBECTION. FINDINGS OF FACT: ISSUE OF VALUES: LORI OLSEN from the Citrus County Property Appraiser's Office read into the record the values for the related parcel during the hearing. VALUES READ INTO THE RECORD- JUST, ASSESSSED AND TAXABLE VALUES: No classification on the property. PETITIONER: Appeared. DON LEWIS SKILES HERB MACK from the Citrus County Property Appraiser's office testified that in the instant matter, that the matter was about a reduction in the use of the property after a 5 -year review of the property. Testified that the Property Appraiser's Office reduced the amount of acreage that was granted an agricultural classification in prior years. The total acreage is 87.46 acres. Testified that in prior years, the aquacultural classification was 22.59 nursery, 52.88 acres grazing land. Testified that the first agricultural classification was granted in 1992. 10 acres were vacant and did not have agricultural classification and 1 -35- to acres were for the homestead. Testified that it was 75.47 total agricultural classification. That was reduced to 41.27 acres agricultural with 22.59 nursery and 18.68 acres grazing. The grazing was reduced by 34.20 acres because of the non-use. Testified that the site inspections were the basis for the reduction along with the aerial views along with speaking to the Petitioner and no fencing for cattle, no cattle on the property, no evidence of cattle for the lease. Testified that the site visits were 6/8/2022, 11/17/2022 and the aerial visits were 9/25/2022 through 10/2022. Testified that the notice for the reductions were mailed 6/30/2023. Testified that the Petitioner applied on 2/22/2023 with the letter to the Petitioner noticing the Petitioner to re -apply going out on 12/21/2022 for non- use. Property Appraiser's evidence was relevant, admissible and credible. PETITIONER:: DON LEWIS SKILES testified. Testified that the Petitioner disputed the issue that the property had no cows. Testified that the property was being used to satisfy the "bona fide agricultural purposes" means good faith commercial agricultural use of the land clause of the Florida Statute 193.4613 (b) (1) language because cows were on the property. Testified to and disputed the results of the dates of the site visits by the Property Appraiser (site visits were 6/8/2022, 11/17/2022 and the aerial visits were 9/25/2022 through 10/2022) and the results of the site visits as testified to by the Property Appraiser' Office. Testified to and disputed the results of those inspections by the Property Appraiser's Office which were the basis for the reduction of the 75.47 prior total agricultural classification, now reduced to 41.27 acres agricultural with 22.59 nursery and 18.68 acres grazing. Testified that the Petitioner objected to and disputed the grazing reduction by 34.20 acres because of the non-use as alleged by the Property Appraiser's Office. Testified to and disputed the aerial photos which were part of the evidence package submitted by the Property Appraiser's Office, without objection by the Petitioner, which depicted the property without cows on it and which was part of the basis for the reduction of the 34.20 acres because of the non-use as alleged by the Property Appraiser's Office. Testified that the cows were not on the property full time and that the Petitioner has had fencing issues which allowed the cattle to leave the property. Testified that the Petitioner moved the cows to an adjacent property on 2022. Petitioner's evidence was relevant, admissible and credible. CONCLUSIONS OF LAW: The undersigned Special Magistrate finds that the following below is controlling and or persuasive in the recommendation: Florida Statute 193.461 Agricultural lands; classification and assessment; mandated eradication or quarantine program; natural disasters.— (3) (b) Subject to the restrictions specified in this section, only lands that are used primarily for bona fide agricultural purposes shall be classified agricultural. The term "bona fide agricultural purposes" means good faith commercial agricultural use of the land is the guideline and the basis for the denial. 1. In determining whether the use of the land for agricultural purposes is bona fide, the following factors may be taken into consideration: a. The length of time the land has been so used. b. Whether the use has been continuous. -36- c. The purchase price paid. d. Size, as it relates to specific agricultural use, but a minimum acreage may not be required for agricultural assessment. e. Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted commercial agricultural practices, including, without limitation, fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural practices. f. Whether the land is under lease and, if so, the effective length, terms, and conditions of the lease. g. Such other factors as may become applicable. PETITION: Petitions #39 is recommended to be DENIED on the issue of the statutory criterion of only lands that are used primarily for bona fide agricultural purposes shall be classified agricultural along with the term "bona fide agricultural purposes" which means good faith commercial agricultural use of the land. ANALYSIS In the instant matter, a preponderance of the evidence shows that the parcel did not meet the test of "only lands that are used primarily for bona fide agricultural purposes shall be classified agricultural" along with the term "bona fide agricultural purposes" which means "good faith commercial agricultural use of the land" on the acreage that was reduced. In the instant matter, the acreage was reduced to 41.27 acres agricultural with 22.59 nursery and 18.68 acres grazing with the grazing reduced by 34.20 acres because of the non-use. A preponderance of the evidence shows that the Property Appraiser's allegations of non-use of the 34.20 acres were justified. A preponderance of the evidence shows that the site inspections which were the basis for the reduction along with the aerial views along with the Property Appraiser speaking to the Petitioner about the non- use along with the evidence no fencing for cattle on the property, no cattle on the property, no evidence of cattle for the lease were persuasive in the instant denial for the relief that the Petitioner seeks. A preponderance of the evidence shows that the acreage which was reduced by the Property Appraiser did not comport with the (b) prong of the statute and the "Whether the use has been continuous" because the preponderance of the evidence shows that the use has not been continuous. A preponderance of the evidence shows that the acreage which was reduced by the Property Appraiser did not comport with the (e ) prong of the statute and the "Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted commercial agricultural practices, including, without limitation, fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural practices" because of the preponderance of the evidence showing that the property had no fencing for cattle, no cattle on the property, no evidence of cattle as per the testimony of the Property Appraiser and that the Petitioner's testimony that cows were not on the property full time and that the Petitioner by and through his testimony showed that the Petitioner has had fencing issues which allowed the cattle to leave the property along with the Petitioner's testimony that the Petitioner moved the cows to an adjacent property on 2022. A preponderance of the evidence shows that this analysis is evidence of the statutory criterion of "only lands that are used primarily for bona fide agricultural purposes shall be classified agricultural" along -37- with the term "bona fide agricultural purposes" which means good faith commercial agricultural use of the land was not met by the Petitioner and as a result, it is recommended that Petition #39 be DENIED for the relief sought. 4 -38- SPECIAL MAGISTRATE APPLICATION �ORIOp' * 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. APPLICANT INFORMATION Name: Stephen J Boyle MAI Home Address: 2257 W Ocean Oaks Circle Vero Beach FL 32963 Mailing Address: Same Business Name: Boyle Appraisal Service Business Address: 2257 W Ocean Oaks Circle Vero Beach, FL 32963 Phone: Home/ Business/772-538-1303 Cell/772-538-1303 Fax: E -Mail: Stephen Boyledrake 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.myflorida.com/dor/propeM/vab/training.htmi. Return your completion certificate to the VAB clerk. LICENSURE/EXPERIENCE 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 #: RZ 699 Valid Through: 11/30/24 Provide number of years of experience you have in the area of real property valuation: 41+ years Describe experience, and number of years you have in the area of tangible property valuation: None Page 1 v01/13/2015 -39- $ SPECIAL MAGISTRATE APPLICATION O` INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD �ORIO4' (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. $ 194.035) QUALIFICATIONS/EXPERIENCE 1. Educational Background BS in Business Administration and Finance MAI designation from the Appraisal Institute 2. List any experience and/or specialty for the following property types: PROPERTY TYPE EXPERIENCE/SPECIALTY Residential Real Property 41+ years for typical and high end residential property Commercial Real Property 41+ years All types of commercial property Tangible Property None Other leasespecify) Industrial, Agricultural, Marinas, Subdivision Development 3. If you currently or previously have served as a special magistrate, please provide the municipality or county and dates served. Brevard County 2020-2023 Palm Beach Martin St Lucie and Indian River Counties 2022 &2023 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. I served as a special magistrate in Brevard County over the past 4 years Most of my cases were complex commercial properties I have also testified in numerous tax appeals in Martin St. Lucie and Indian River counties over the recent ast Please contact Mike Umphrgy 772-226-1478 at the Indian River County PA's office and Nicole Summers Deputy Clerk Value Adjustment Board Brevard County 321-637-2001. 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 used Axia Word Excel and Zoom for several years 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 MAI 10/1993 32473 2. Of those organizations describe any possible conflict of interest that could occur or the appearance of a conflict Page 2 -40- vol/13/2015 SPECIAL MAGISTRATE APPLICATION FcoeroA INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. S 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: None 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. Quail Valley, however, it would not create a conflict In addition if I personally know the petitioner, I would withdraw from the hearing - 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 consideration, that each item contained in this application, or any other document furnished by or on behalf of the applicant is trite 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 of law in fulfilling the ditties of special magistrate. Signature of Applicant Stephen J Boyle MAI Printed Name of Applicant -41- Date: 5/31/2024 Page 3 v01/13/2015 -42- Finding of fact for petition number 2023-145 List of Property Appraiser's witnesses and exhibits: Jarrett Hovda, representing the Property Appraiser's Office, appeared by phone. The Property Appraiser's (PA's) evidence package consisted of 36 pages. The evidence included, a summary of the evidence to be submitted, a summary of details for the subject property, aerials of the subject and photos, a Costar summary of the recent sale of the subject and a project in Naples, mortgage recordings for both properties, an income approach, summary charts with rent comparables, operating expenses and occupancy rates, the floor plans with asking rents for most of the subject units, capitalization rate support from CoStar, 6 sales of apartment complexes presented in a chart and sales summary sheets, the property record cards for the subject and an article from Cushman & Wakefield regarding South Florida Multifamily 2023 Forecast. The above evidence was submitted in to Axia and was admitted in to evidence. List of Petitioner's witnesses and exhibits: Maksym Marchenko, with Property Tax Services, representing the property owner, appeared by phone. The petitioner submitted an evidence package that consisted of 48 pages. The evidence included a summary sheet of the evidence submitted, the property record information from Martin County, the TRIM notices, aerials and a photo of the subject, the DR -493 for Martin County, an income analysis proforma, Property Analytics from CoStar showing rents, vacancy, concessions for the subject and the submarket (data as of 1/16/2024), cap rate support from CoStar, a rent comparable analysis from Moody's Analytics (data as of 3/2023), Cost of Sale (COS) information from the FL DOR, various surveys and articles regarding overall rates, occupancy levels, expense rates, insurance, mortgage and equity rates from RERC, CoStar, RealtyRates, PwC and inhouse data. The evidence also included 17 pages of information from the 2023 VAB Training manual regarding the COS deduction, 78 pages from the Florida Department of Revenue regarding the 8th Criterion and the correct method of deducting cost of sale (COS) in income capitalization approach. The petitioner submitted 2 pages of rebuttal evidence showing a comparison of the income approach used by the petitioner and the PA. 1 -43- The above evidence was submitted in to Axia and was admitted in to evidence. Overview of the Subject Property: The property is a Class D, average plus quality, apartment complex with 284 units. The buildings contain a total of 353,468 SF of gross building area and 290,934 SF of net leasable area. There are 122 one bedroom units, 131 two bedroom units and 31 three bedroom units. The buildings were completed in 2021. The project was leased up in 2021 and sold March of 2022, along with a project in Naples FL. (The purchase price for the subject was not available.) The property is located at 2221 Federal Hwy in Stuart. Summary of evidence presented by the property appraiser: The PA stated that the property has a Just Value of $55,798,350 or $196,473 per unit at the beginning of the hearing. The PA presented an income approach. The PA use a rental rate of $1,998 per month for the 1 bedroom units, $2,445 for the two bedroom units and $2,950 for the three bedroom units. This resulted in a blended rate of $2,308 per unit per month. The rent rate was applied to the 284 unit and resulted in an estimate of annual rent of $7,866,012. Other income was estimated at 2.5% of total rent or $196,650. This resulted in a PGI of $8,062,662 or $2,366 per unit per month. A 5% vacancy and collection loss and 4.5% for concessions was deducted from the PGI, for an EGI of $7,296,709 or $2,141 per unit per month. Expenses of 28.5% of EGI (excluding real estate taxes) or $2,079,562 and 2% of EGI or $145,934 for reserves were deducted and resulted in a NOI of $5,071,213 or $1,488 per unit per month. The net operating income was capitalized at 5.5%, plus a tax load of 1.5567% (18.3141 mills X 85%) for a loaded cap rate of 7.06% (r). This indicated a value of $71,863,819 or $253,042 per unit. The TPP of $1,299,407 was deducted. This indicated a preliminary value for the real estate of $70,654,412. A 15% cost of sale deduction was made and indicated a just value of $59,979,750 or $211,196 per unit. This supported the current assessment. The PA presented rent comparable charts with asking rental data from the subject's website (as of 2/9/2023) and average asking rents from 10 apartment complexes (including the subject) from the Stuart area (as of 1/2023). The 10 complexes showed average rents of $1,970 per month for the 1 bedroom units, $2,417 for the two bedroom units and $2,980 for the three bedroom units. These asking rents 2 -44- supported the PA's estimate of rent for the subject. Two other charts were provided with information, based on actual data collected over 2022 from 34 apartment complexes from 4 counties, showing operating expenses and occupancy rates. The cap rate support was from a survey by CoStar. This information was provided to support the income approach inputs. The PA presented a sales comparison approach with 6 comparable sales in a chart (including the implied sale price of the subject at $102,937,500 or $362,456 per unit). The sales were from the Stuart, Port St. Lucie and Melbourne markets. The comparables sold between October 2021 to October 2022. The sales ranged from $237,500 to $362,456 per unit. (Excluding the sale of the subject, the range was from $237,500 to $325,500 per unit.) No discussion was provided other than showing the mean of the sales was $286,872 per unit and a concluded (preliminary) value for the subject at $286,000 per unit. A 15% COS deduction was deducted from the preliminary value per unit and resulted in $243,100 per unit. This was applied to the 284 units and resulted in a just value indication of $69,040,400. This supported the subject's assessment. (It is noted that without the sale of the subject, the average sale price was $271,755 per unit and after a COS deduction, $230,992 per unit. This would result in a just value indication of $65,601,705 and would still support the PA's just value.) The PA summarized the two just value indications and stated that most weight was given to the income approach. Summary of evidence presented by the petitioner: The petitioner requested a Just Value of $50,113,000 or $176,453 per unit at the beginning of the hearing. The petitioner valued the subject property with an income approach. The petitioner utilized a blended rental rate of $2,000 per unit per month. The rental rate was applied to the 284 unit and resulted in an estimate of annual rent of $6,816,000. Other income was estimated at 3.0% of total rent or $204,480. This resulted in a PGI of $7,020,480 or $2,060 per unit per month. A 10% vacancy and collection loss and 4.5% for concessions was deducted from the PGI, for an EGI of $6,002,510 or $1,761 per unit per month. Expenses of 29.0% of EGI or $1,740,728 (excluding real estate taxes), $7,850 for non -ad valorem taxes and 1% of EGI or $85,200 for reserves were deducted and resulted in aNOI of $4,168,733 or $1,223 per unit per month. -45- The net operating income was capitalized at 5.5%, plus a tax load of 1.47% (r) (16.7 mills X 85%) for a loaded cap rate of 6.92% (r). This indicated a value of $60,255,405 or $212,180 per unit. The TPP of $1,299,407 was deducted. This indicated a preliminary value for the real estate of $58,955,998. A 15% cost of sale deduction was made and indicated a just value of $50,112,598 or $176,453 per unit. The just value was rounded to $50,113,000. This was the petitioner's requested just value. The petitioner presented a Property Analytics report for the subject property from Costar. (The report was as of 1/16/2024.) The report indicated a vacancy rate at the subject of 14.1%, a blended market asking rental rate of $2,094 per unit per month and concessions at 7.5%. For the submarket, the vacancy rate was indicated at 16.2%, the market asking rent was $1,948 per month per unit and concessions of 4.3%. (The report also indicated that the vacancy rate as of January 2023 was just over 6%, market rent for the subject was just over $2,200 per unit per month and rent concessions were approximately 4% at the beginning of 2023 and increase 2 over 7% by the end of 2023.) The report indicated that market effective rent per square foot was just over $2.00 at the beginning of 2023 and drop to approximately $1.90 by the end of 2023 and cap rates for the Stuart market were approximately 5.4% at the beginning of 2023 and had increased to approximately 5.6% by the end of 2023. The petitioner also presented a report for the subject property and the Fort Pierce market area from Moody's Analytics. The data in the report was as of the 3rd Quarter of 2023. The report covered 11 comparable projects from Fort Pierce, Port Saint Lucie, Jensen Beach and Stuart. The report indicated an average asking rent of $1940 per unit per month, a vacancy rate of 8.5%, and an average project size of 274 units. The average year built for the projects was 2009. Of the 11 projects two were in Stuart and two were in Jensen Beach. These four projects indicated a rental range from $1,907 to $2,425 per unit per month. The cap rate support was surveys from Costar, and RERC. Operating expenses, reserves and yield rates were supported from surveys from RealtyRates, PwC and data compiled by Property Tax Alliance Group from client information on apartments. This information was provided to support the income approach inputs. Rebuttal Testimony: The PA testified that their rental data was from the beginning of 2023 and based on asking rents for the subject and other local projects. The petitioner used 4 -46- $2,000/month for all unit even though over half are 2 and 3 bedroom units. The petitioner's support for the rental rates is from 1/2024, way past the valuation date. The PA testified that the petitioner's evidence on page 15 supports 6% vacancy and page 35 of their evidence supports 5% not the 10% used. The PA noted that the petitioner used an incorrect tax rate. The petitioner did not include a Sales approach and all the sales (presented by the PA) point to over $200,000 per unit. The petitioner stated that the total sale price for properties such as the subject include "bricks and sticks" and tangible personal property and the intangible personal property (the workforce and business value). The PA used their (assumed) sale price for the subject ($362,456/unit) and it is the biggest outlier in the data. Page 6 of the PA's evidence shows a total of $122,000,000 for both properties. The total area of the 2 properties is 608,440 SF or $200.51 SF. Multiply that by 250,000 gross SF (based on the SF shown on the Costar summary on page 6 of the PA's evidence) and you get $50,127,500, before the COS deduction and this shows the value is significantly lower. Their (the petitioner) rental data may be newer, but is telling what the property and submarket are renting for. The $2,094 per month is for a mix of 1, 2 and 3 bedroom units. The PA testified that the CoStar writeup for the subject was incorrect. No other new information was presented or discussed during rebuttal by either party. Special magistrate's analysis and finding of facts: The actual income and expenses for the subject property were not provided. Based on the information presented by both parties, the blended rental rate used by the PA of $2,308 per unit per month appeared to be too high. The petitioner's blended rental rate of $2,000 per month per unit was based on data as of January 1, 2024 not January 1, 2023. However, it did show that the market rent declined over 2023. In addition, the evidence presented showed that vacancy increased from the beginning of 2023 to the beginning of 2024. The 5% vacancy rate used by the PA appeared too low and the 10% vacancy rate used by the petitioner appeared too high. Both parties used a 4.5% deduction for concessions. The percentage estimate of expenses at 28.5% and 29% was similar. Both parties included reserves and the petitioner included the non -ad valorem tax of $7,850 but the PA did not. Both parties used a base cap rate of 5.5% and loaded it for the tax rate. Both parties deducted the tangible personal property (TPP) of $1,299,407. -47- The main difference in the two valuations was the rental rate and the estimate of vacancy and collection loss. Based on the data presented by both parties a blended monthly rental rate of $2,200 per unit and the vacancy and collection loss of 7.5%, as of January 1, 2023 is supported. In order to check the reasonableness of the two just value indications, the income approach was remodeled using a rental rate $2,200 per unit per month or $7,497,600 and other income of 3% or $187,440 for a PGI of $7,685,040. A vacancy and collection loss of 7.5% and concessions of 4.5% of PGI were deducted and resulted in an EGI of $6,762,835 or $1,984 per unit per month. Expenses of 28.5% of EGI ($1,927,408) plus reserves of 2.0% ($135,257) and non - ad valorem tax of $7,850 for total expenses of $2,070,515 were deducted from the EGI. This resulted in an NOI of $4,692,320. Capitalizing the NOI at 7.0567% (including the tax load) provided a value of $66,494,544. Deducting the TPP of $1,299,407 results in a preliminary value indication of $65,195,137 or $229,560 per unit. After a 15% COS deduction, a just value of $55,415,866 or $195,126 per unit. This is less than 1% different then the PA's just value of $55,798,866, but substantially above the petitioner's just value of $50,113,000. The presumption of correctness for the assessment was established because the PA proved by the preponderance of the evidence that the PA's just value methodology complied with the eight criteria of Section 193.011 of the Florida Statutes and professionally accepted appraisal practices. The petitioner's evidence did not overcome the presumption of correctness. Conclusions of law for petition 2023-145 The admitted evidence was determined sufficiently relevant and credible to reach the preponderance of the evidence standard of proof, Rule 12D-9.025 and 12D- 9.027. The admitted evidence provides by a preponderance of the evidence that the property appraiser's just valuation methodology complies with section 193.011, F.S. and professionally accepted appraisal practices. Therefore, the petition is denied. 0 -48- TERRIE PELTLER STATE-CERTIFIED RESIDENTIAL REAL ESTATE APPRAISER RD #6210 6800 SW 40 Street #64 MIAMI, FL. 33155 TERRIE2012-0MQ. - - 305-771-60" 62. May 31, 2024 Teri# Collins -Lister, Supervisor Clerk of the Board and VAB ISO! Nth Street, Bldg}. A. Vero Beach, R. 32960 AX A*derkt ind1an-riyer.ora Deur Ms. Collins -Lister: I would likre to be considered for the position of Appraiser Special Ma istrate. I have over 31 years of residential appraising experienico and'20 years ofreal esta a investing experience. In Florida, I have alsos+erved-w Specie Mdgistrate for13 Counties in FloridcL Due to my many years of Special Magistrote experience and Real Estate experience, I feel that I would make a grew Appraiser Special Magistrate again for Indian River County. Attached please find the Special Magistrate Application, Resume, License, Writing Sample (Recommended Decision. of Spedal Magistrate) and 2023 VAB Training .Certificate. Your considetion of my application is greatly appredated. Sincerely, Terrie Peltier -50- -V C, SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD WFLICAMI MUST MMT QUALIFICATIONS OUTLMD IN." UAL I 1"A) 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 trek of an application .Application for ❑ Attorney special Magistrate. Appraiser special Magistrate for... 0 RW Property and/or F-1 Tangible Personal Prop" .If appointed, hoWuch time would you be available to conduct hearings end complete your recommendations? I to a h week Q.9 to 20 hours per hours p 110 week, 0 21 to. 36 per Week, 0 31 to 40 ho per week. Name- Terrie Peltier Home Address: 883OSWl23Court. Unit f-30&.Miami. FI.33186 Mailing -Address: 6800 SW40 Street #644, Miami, Fl. 33155 Business Naive Peltier Aggrahm-ds. LIG Business Address: 6800SW 46 Street #644, Miami.. Fl. 331,55 Phone- Horne(305472,6662 BusineW305-772-6062 Cell/30-4724" Fax: N/A P -Mall: Tatid2010bellsouth.net 0 Copy of license re&mneed below. . a Documentation to support membership. In pro*ujorW organizatiotis listed below under Organizedons. A writing sample, which may consist of an Opinion letter or other businost-related documentation that contains one or more written pages of original material. Ifyou haveservedasaspecial magistrate mvwly., please submit a recommended decision as your sample. Do not submit a COPY otAn appraisal as A writing sample. Prior to conducting hearings, all applicants am required under Fla. Stat: § 194.035 to ceW* 003110100A Of the. current year training: provided by the Department of Reveoob. To obtain the training, go online -to -the Department's website athagggLmflorida.com/dor-kr-opgWAWI&WningbbW. Return your completion certificate to the VAB clerk. Attorney Magistrate Applicant* Bar Nurnbet- — Date -of-Admission: 1(ow trimly Years of experience;do you have In the area of ad valorem taxation - Appraiser Magistrate Applicant. Residential Appraiser L1cem#.- RD0210 valid Through- 1-1/3024 General Appraiser License YaJid Through! Provide number of years of experience you have in the area of real property valuation: 31+ Years Describe experience, and number of years you have in the area of tangible property valuation.- 4pnb P*9j. -51- Vol/13J201.5 SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST WRT QUADURCAMNS -OUTLINED IN 1. Educational Background See Attached Agme 2. List any experlence. and/or specialty for the following property types: PROPERTY TYPE LX"=NCWPjC"TY Residential. Real Property Single Family,24 L?Amfly, Condominvacant LIM& it- commercI413W.P—ropqrty Em. tZo� TA#�-bla koperty Other fpleases pqc*). I If you currently or previously have served as a special magistrate, please provide the municipality or county and dates served. Seo.Attached Resume 4. Have you ever been dismissed, terminated or denied appointment as a special magistra* for poor or improper performance? H No [:] Yes (please, explain) 5. List any additional information which makes you qualified -to serve as a special magistrsto. Also provide name and contact information Of at least two individuals wbo can attest t to your years of experience In, ad valorem taxation, Uqoble personal property Or real property OPTUISAIt institutions. I haveserved as Appraiser ial Migisttate in 13: MLn§a in Florida over t I he past to years. RobertBLecl_id305-274!!9-415and .Karen Muni 305-2984080. 6. Are you willing to accept the Value Adj 4ftent. Board established. schedule of fees! 9 ydk 0 No Itno, Please indicat o your schedule of 7c"03 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 ,fiddliar with, including Axia. li have experience with Microsoft Word Alamode appraisal software and Axia 1. List, each organWtjon, recognized by the real estate appraisal Industry or the professionals in that Held, in which You are outtentlY or have previously been a designated member. ORGANrZATTOK D9SIGNATION DATE .None Pago 2 - 52 - *()1n3&615 SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICAM MUST M= QUAPWAMNS OUMMD IN aA.: 5W, t 194& 1 MEN"= 45) 2. Of thoso-organizations describe any possiblo conflict of interest drat could occur or the,appearaoce of a cotmict of interest that. may prevent you from -fairly conducting a hearing., N/A Have you ever been disbarr4 suspandod or received any otherdisciplinary action from any organized association, or from the State of Florida? 0 No 0 Yes (ply explain) 4. List any personal or business relationship you hive 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 attoxnqy or the value adjustment board of any of the counties to which you are applying: None S. List any clubs, organizations, associations. or other datitles to which you belong or participate in and in which a. possible conflict of interest could occur or the appeamp ofa,QqfiftofJW ' jm'. in ightarlse.thatwould prevent you frons fairly conducting the hearing between the "arty appraiser and the property owner and taxpayer. None Pursuant to Fla. Stat, § 194.03$, a person cannot *serve: as a, special inagistraft if he/she is an elected or aMointed official of a county, a taxing jurisdiction, or the state; is an employee, of a county, a taxing Jur! diction. or the state; or in the same tax year that he./she services the Board as a special magistrate, represents 6 porty be fore the Board oardin. any aftinistrative review of property taxes. Are you an elected or appointed official or employee of a county, ataxing jurisdiction, orthe.state? [] Yes 0 No if Yes, please provide details; The, undersigned certifies, under penalty of disquali4bation froth o0*Aikraav;% AW each item contained in Or apW other document furn ished by . or on behay of the applicant is true and co M#018. q* q(Me date it Narl The WWWsigned authorizes the Nue A41ywnent Board to QUM$ 110mation each item contained n. fivM; other sowees to' ver hereioyr Me Wdersigned acknowledges that fselected, hekhe will repirements and mandates of aw infiYUling the duties of special meWirtmia '77ate- 5/31/24 Slgaature _Ot�AVVflcant Tenie Peltier Printed Name of Applicant PAP3 - 53 - x914=015 TERRIE PELTIER 6800 5W 40 STREET #544 MIAMI, FL, 33155 305-772-6062 TERRIE2 01@BELLSOUTH.NET SUMMARY OF QUALIFICATIONS • Appraised Residential Real Estate for 31 years in Miami -Dade, Broward and Palm Beach Counties. Appraising for past S 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, Volusia and Brevard Counties. • Real Estate Investor with 20 years of experience as a buyer, seller, landlord, property manager and renovation specialist EXPERIENCE 2018 -Present Peltier Appraisals, LLC 2023-2024 Appraiser Special Magistrate for Broward Hillsborough Orange Brevard -54- , Indian River and Volusia Counties 2022-2023 Appraiser Special Magistrate for Broward, Hillsborough, Orange, Sarasota Brevard and Indian River Counties 2021-2022 Appraiser Special Magistrate for Broward, Martin, Hillsborough, Orange, Sarasota, Brevard, Osceola and Indian River Counties 2020-2021 Appraiser Special Magistrate for Broward, Martin, Hillsborough, Orange, St. Lucie, Sarasota, Brevard and Osceola Counties 2019-2020 Appraiser Special Magistrate for Broward, Martin, Hillsborough, Orange Pasco, St. Lucie, Sarasota and Brevard Counties 2017-2019 Appraiser Special Magistrate for Broward, Martin, Hillsborough, Orange, Pasco; St. Lucie and Brevard Counties 2016-2017 Appraiser Special Magistrate for Broward, Martin, Hillsborough, Orange, Osceola, Pasco, Lee, and Polk Counties 2015-2016 Appraiser Special Magistrate for Broward, Martin and Hillsbarough County 2014-2015 Appraiser Special Magistrate for Martin County 2009-2018 Terrie Peltier (Appraiser) 2008-2024 Amerifirst Consulting, LLC (Real Estate Investor) 1993-2009 Investors Appraisal Service 1984-1993 Myron W. Peltier, Inc. (Appraiser Retired) LICENSURE 2007 Mortgage Broker's License 2006 State -Certified Residential Real Estate Appraiser 1993 State -Registered Real Estate Appraiser EDUCATION 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 -213) 1993 Miami -Dade Community College — Registered Appraiser Course 1(AB-1) 1986 Century 21– Principles & Practices of Real Estate SEMINARS, CONFERENCES, CONTINUING EDUCATION 2014-2023 Department of Revenue Value Adjustment Board Yearly Training 1994-2022 30 Hr. Continuing Education/USPAP (Every 2 Years) 2010 Defaulted Mortgage Note Training 2009 14 Hr. Mtg Broker Continuing Education -54- V -55- 9 h DECISION OF THE VALUE ADJUSTMENT BOARD DR -485V VALUE PETITION Rule 12o -16, 0 02 F.A.C, FLORIDA Broward County Eff. 01117 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 # 2022- Parcel iD Petitioner name Property #1 The petitioner is: ❑ taxpayer of record Q taxpayer's agent address PEMBROKE PINES, FL 330243120 ❑ other, explain: Decision Summary © Denied your petition Value Lines 1 and 4 must be completed 1. Just value, required 2. Assessed or classified use value,* if 3. Exempt value,* enter "0" if none 4. Taxable value,* required ❑ Granted your petition ❑ Granted your petition in part Value from Before Board Action After Board TRIM Notice Value presented by property appraiser Rule 12D-9.025(10), F.A.C, Action 443420 443420 443420 443420 443420 443420 0 0 0 443420 4443420 443420. All values entered should be county taxable values. School and Reasons for Decision Findings of Fact (See Attached) Conclusions of Law (See Attached) fields will expand or add pages, as needed. O Recommended Decision of Special Magistrate Finding and conclusions above are recommendations. PELTIER, TERRIE PELTIER, TERRIE 04/11/2023 Signature, special magistrate Printname VAB Clerk .Date. VAB Clerk 04/13/2023 Signature, VAB clerk or special representative Print name Data If this is a recommended decision, the board will consider the recommended decision on Address at 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 El Final Decision of the chair, adjustment ue Adjustment Board Print name 2022-I` - 56 - ro l Page 1 of 3 Findinp of Fact for Petition 2022 The.Peptionmis Agent, attend W -tile hearing via telephone. Barbara IVlinyard was present via tolephorie representing the Property Appraisers office. The subject is located on.4 lake and is a 3 bedrooM/2 bath home in the Rainbow Lakes sub built subject was built in 1977 and has 2,538 square feet of adjustedviiding area. The .subjects lot sire is 7,150 a feet. The subject has.a 2 garage and dock: The subject is in aveer�agge condition and has been purchased.oaa 9/7.2/21 for $479,600 as a qualified 6010 and was listed on the iv1L in the p he. subject was The PropertyApiserprovided the })toward Counfy'PropertyAppaiset's certification evidence, Subjects . Mord card,'SpbJects MLS, Subjects exterior photos, Aerials of subject,; of 5 c J lPo location magg: Property record cards and MLS for all con comparable ail Comparable County resideial time trend, DR -493,193:011 r ll comparable sales, X021 , Tied subdivision sales, Hrovaard Department. of Revenue's guidance on time trend analysis,, Florida Statutes and mise. information. The Special Magistrate ftdo the ProperiyAppraisers evidence admissible, relevant and credible. The Proporty-Appraiser provided as rebuttal evidence the Petitioner's Broward ` ed sales oompamble sales with vmpro report 2022 with 8 Property Appraiser s comments and Petitioners comparable location with data for 8 credible... � gamble sales. The Special Magistrate finds the Property�Appraisers rebuttal evidence AAQrssible, recant and The. Property Appraiser utilized 5 comparable sales in the The comparables form an adjusted purchase price range between $514,131 $54�131zto $579,829.p 79 82g moble #3 xs: the subjects sate: The Petitioner provided as evidence the Sub'eets property record card, Zillow printout for subject, S_ 'ects.MLS, Zillovv Printout for 1$81 NW 84 Avenue, Z'ow printout fbr 8640 NW 17 Co* Ziliow printout for0 SW 99 Avenue, 2:illow printout for 10261 SW 13 Street, Exterior photos of subject, Monthlymarket Single P'amily Homes $toward Coun��B dig-1eiMber 2021 mblls�imapwithparaesaes,Bxowardimproved ales report 2U22 with 1comparable roward improvesl solos 11dagistrate finds the Peittioner's ort evidence is admissible, credible and levaal# 2 with 8 comparal}le salee. The Special The Petitioner provided as rebuttal evidence a list of sold . eties from subject$ pairing code. The Special Magistrate finds the Pet._ errs rebuttal January ce is admissib e, credible and .2021 to March, 14,2022 in �e relevant. . The Petitioner provided 8 comparable sales. The comparables were located outside the subjects section except fbr the cunt.�parabk located at. 9440. NW 23 Street, which was the subjects sale! The sales prices form a range between $405,000 to $530,000. The Property Appraiser's time adjustment of 1.8%per month is excessive. The Pro evidence showing how she arrived at the 1.8% time Property Appraiser did not provide: any only provided DOR trainin . an fiime adjustment for the subjects pain. ng code. The Propel Appraiser g adjustments and a Broward County residential time. trend The BrQward t residential !time tmud.is fot all of Broward County and not for the subjects market area or _icing code, The Pete provided a list of sales four the year in the subjects . g pa Y , J pairin code; but thef is rust. encu inf adjustment, The Special Magistrate domed the time mases s to determine a time aciJustment from the �yAppt'aiser's sales, The Property Appraiser provided the DR -493, which indicates as 14°!a cost of sale for the subjects use code. The Petitioner did not provide any testimony or evidence regarding !the cast of sale and the DR -493. In Conclusion, the beat indicator of value is the subject's sale. The subject closed on 9/22/2021 for ?5!,600 olid was an arms length transaction. By utilizin the sul{jacts sales price of $479 600 plus a time. )resent cash value-. for the subject is $508,4010. p adjust�ent af$2$,800; the Special 1Vlagstirate`s revised rhe Property A , P rty .praiser did not tale into consideration F.S. 193.011(1) . which is the present cash value of tate property, which is.the amounta Willingp Y g } n cash or a immediate purchaser would a a willin seller, exclusive of regia d ni a fees. and costs ofpurchase, equivalent thereof in a tt�saction.at arias length. 2022 -OW -57- Page 57 - Page 2 of 3 Although the fto e* Appraiser's evidence did not $443,420, which a 57.296 of the subject's revised 'resp Cash Value of $508,4QQ 193,01 Vii), �e objects just/market value is 4 'Wherefore, the petition is Denied Coneludons of Law for Nation zon.Mo Vlod4a law requires the Property Appraiser to establish, a presumption of correctness, .For the Pro e +establish a presumption of correctness for the assessn the adnutted e�ndezlce must.. .-Per Appraiser to evidence that the FropertyA giaasser's just.valuotion methodology ova 1� a Preponderance of tho, i 1t with Section 1 ..Q11t Florida Statutes attd pro:�essonally accepted appraisal practices. Its the instant matter, the Pro : .Appraiser wed tb establish a Presumption of correctness for the assessment because the admitted M Go f to prove, bar a rr� pa©ttcter n+ a of the evidence that the Property Appraiser's just valuation Methodology complies W Se 193.t?i Florida 3tatutet and profesa%ainallyy aaccep%d appiraW practices, particular 193.011 1 . cam: value which i vely meets tfic critei ia► of S rou 193 011., orida� Stmpetentes sqb eVtdeneo of present apPratsal 4MUCes exists in. the record for the special Magistrate to esitablish a revised �°u cash value Ali 1 criteria aiecrio 1 X3:011, Florida 8tetutes have been met. 'i'lisrefore, the Petition, is denied. 2022 - 58 - Page 3 of 3 1M�1M P "Woo MWE M own I" ccl amp Mehl 0 co s CAS2..9 q 1M�1M P "Woo MWE M own I" ccl amp -59- Mehl 0 co s CAS2..9 q Nam F 0 CD M+j CD 13, Iowa -59- SPECIAL MAGISTRATE APPLICATION •R INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. 4 194.035) 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. APPLICANT INFORMATION Name: Robert Busler Home Address: 2711 Old Donald Ross Rd. Palm Beach Gardens, FL Mailing Address: Same Business Name: RA -Bus Corp. Business Address: Same as above Phone: Home/ 561-310-2449 Business/ Same Cell/ Same Fax: E -Mail: RaBusCorp@gmail.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.myflorida.com/dor/property/yab/training.htmi. 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 #: RD7712 Valid Through: 11-30-24 General Appraiser License #: Valid Through: Provide number of years of experience you have in the area of real property valuation: 20 Describe experience, and number of years you have in the area of tangible property valuation: Page 1 -60- v01/13/2015 SPECIAL MAGISTRATE APPLICATION ` INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. § 194.035) 1. Educational Background Bachlor in Business from Florida Atlantic University 2. List any experience and/or specialty for the following property types: PROPERTY TYPE EXPERIENCE/SPECIALTY Residential Real Property Single Family, Condominiums and Land Commercial Real Property Tangible Property Other (please secif 3. If you currently or previously have served as a special magistrate, please provide the municipality or county and dates served. Palm Beach 2020,2021,2022,2023 - Broward 2022,2023 - St. Lucie 2021, 2022,2023 - Brevard 2023 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 personal property or real property appraisals. Fred Locke - lockeappraisalgroup@gmail.com Mark Holmes - mark(a)markholmesrealestate.com 6. Are you willing to accept the Value Adjustment Board established schedule of fees? R1 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. Axia, general data bases, word, excel 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 # N/A 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: Page 2 -61- v01/13/2015 SPECIAL MAGISTRATE APPLICATION 0*"'mo' INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. § 194.035) Have you ever been disbarred, suspended or received any other disciplinary action from any organized association, or from the State of Florida? E 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: None 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. None 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 0 No 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 of law in fuUttlling the duties of special magistrate. Go &� Date: 5/1/2024 Signature of Applicant Robert Busler Printed Name of Applicant Page 3 -62- v01/13/2015 Qualifications of Robert A. Busler Business Address RA -Bus Corp 2711 Old Donald Ross Rd. Palm Beach Gardens, Florida 33410 Phone: 561-310-2449 Email: RaBusCorp@gmail.com Tax ID# 45-5429381 Education Florida Atlantic University — College of Business Bachelor of Science Degree Marketing/Management Real Estate Education 30 -Hour Continuting Education (2022) 7 -Hour National USPAP Update (2020-2021) 3 -Hour Florida Appraisal Law Update — 2020 5 -Hour Appraisal Regulatory Process - 2020 4 -Hour The Inspection - 2020 4-USPAP Compliant Appraisal Reviews - 2020 7 -Hour Small Residential Income Property - 2020 L&R - Appraisal Laws and Rules — 2018 N/USPAP - USPAP UPDATE — 2018 APPRAISER VS FORM FILLER - 2018 NEIGHBORHOOD MARKET ANALYSIS — 2018 BACK 2 BASICS — 2018 FHA PROPERTY ANALYSIS - 2016 BETTER SAFE THAN SORRY — 2016 LAW AND STANDARDS - 2016 -63- Qualifications of Robert A. Busler (Continued) Real Estate Education (Continued) 7 HOUR USPAP UPDATE - 2016 L&R - Appraisal Laws and Rules Appraisal Review of Residential Properties Green in Residences and Appraisals Methodology and Application of Sales Comparison USPAP 7 Hour Updates Florida Real Estate Appraisal Laws and Rules Even Odder: More Oddball Appraisals Dirty Dozen Florida Appraisal Laws and Regulations FHA Today The Nuts and Bolts of Green Building for Appraisers Supervisor/Trainee Roles & Relationships National USPAP Update Mastering Unique & Complex Appraisals Florida Appraisal Law Update IAAO 101 - Fundamentals of Real Property Appraisal IAAO 102 - Income Approach to Valuation IAAO 300 - Fundamentals of Mass Appraisal IAAO 601 - Cadastral Mapping Methods and Applications -64- Qualifications of Robert A. Busler (Continued) Professional Experience August 2017 — Present Mueller Reports - RA -Bus Corp — EXP Realty, LLC Palm Beach Gardens, Florida Staff Appraiser Mueller Reports / President, RA -Bus Corp — Associate / Consultant, EXP Realty, LLC June 2012 — August 2017 Property Tax Professionals - Landmark Realty Professionals Patin Beach Gardens, Florida Associate / Consultant 2008 — June 2012 Palm Beach County Property Appraiser — Commercial Department West Palm Beach, Florida Appraiser II 2004 —2008 Palm Beach County Property Appraiser — Condominium Department West Palm Beach, Florida Appraiser I -65- Qualifications of Robert A. Busler (Continued) Licenses Licensed Real Estate Sales Associate License No. 3269790 - Florida State -Certified Residential Real Estate Appraiser License No. RD7712 — Florida -66- Findings of Fact for Petition 2023-154: At the hearing, the following individuals were present. From the Property Appraiser's Office was Robert Taylor, Alisa Barkett, John Vordermeier, and PAO Attorney Eric Barkett. The Petitioner was represented by their Attorney P.K. Barrie and Stephen M. Boyle with Boyle and Drake, Inc. After both parties were given the opportunity to be heard, special magistrate finds property appraiser's just valuation methodology complies with section 193.011, F.S., and professionally accepted appraisal practices. Property Appraiser established a presumption of correctness for the assessment. The property appraiser (PAO) submitted evidence consisting of a comparative market analysis (CMA) utilizing seven improved sales which closed between July 2020 and August 2022. The subject is a unit located at 2020 S Highway AIA, within Vero Beach. The subject has 11,808 SF of gross living area (GLA) and originally constructed in 2022. The sales utilized ranged in price from $5,300,000 to $27,000,000 (rounded to nearest $1,000). The subject is located on a 5.10 acre lot. The comparable sales are located on lots between 1.03 acres and 5.02 acres. The size of the sales ranged from 7266 SF (GLA) to 28,793 SF (GLA). The just value determination by the PAO of $25,877,648 appears generally supported by the evidence submitted. All of the written evidence and testimony provided by the PAO was reviewed, considered and appropriately weighted by the magistrate in determining the conclusion of law. The petitioner (PET) submitted evidence and testimoney consisting of a Comparative Market Analysis consisting of six sales of improved units from the same general area; the sales closed between July 2020 and September 2022. The sales ranged in price from $8,870,000 to $27,000,000 (rounded to nearest $1,000). The living square foot range of these comparables was stated to be between 6714 SF (GLA) to 28,793 SF (GLA). The site size of the comparables ranged from between 1.41 acres and 15.22 acres. The estimate of value based on PET evidence was $20,000,000. The written evidence and testimony provided by the PET was reviewed, considered and appropriately weighted by the magistrate in determining the conclusion of law. A remarkable amount of rebutal was provided by both PAO and PET. Of note from the exchange was that PET agreed with PAO land portion of the just value and only expressed concern with building value. Petitioner overcame the presumption of correctness established at the hearing by the property appraiser's evidence. Petitioner's evidence proved by a preponderance that property appraiser's valuation does not represent just value or is arbitrarily based on appraisal practices that are different from the appraisal practices generally applied by the property appraiser to comparable property in Indian River. There is competent substantial evidence in the record to establish a revised value. Based on the totality of evidence, there were several considerations. The median of the PET sales was $21,220,000 (rounded). The magistrate is of the opinion that due to similarities in site size and location, the most comparable property used among the PAO and PET (and shared by both) was PAO sale 4 and PET sale 6. Magistrate places most weight on this sale. The adjustments for market condition and GLA made by PET to sale 6 resulted in an indicated adjusted sale price of $22,034,900. A value of $22,034,900 was considered and the just value revised to $22,035,000 (PAO sale 4 and PET sale 6 with adequate market adjustments rounded to nearest $5,000 increment). Conclusions of Law for Petition 2023-154: Petitioner overcame the presumption of correctness established by property appraiser at the hearing [Section 194.301, F.S.]. There is competent substantial evidence in the record to establish a revised just value of $22,035,000 [Rule 1213-9.027, F.A.C.]. The petition is granted and the assessment shall be adjusted according to this decision. 2023-154 -67- SPECIAL MAGISTRATE APPLICATION * * INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD �ARIO4' (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. b 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. APPLICANT INFORMATION Name: Scott Sehr Home Address: 4672 SW Carib St Port St Lucie FL 34953 Mailing Address: 4672 SW Carib St Port St Lucie FL 34953 Business Name: Scott Sehr Inc Business Address: 1440 Coral Ridge Dr #124 Coral Springs FL 33071 Phone: Home/ Business/ 954-254-6740 Cell/ 954-254-6740 Fax: E -Mail: ssincfl cgr gmail 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.mvflorida.com/dor/property/Vab/trainiilg.html. Return your completion certificate to the VAB clerk. LICENSURE/EXPERIENCE 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 #: RD5072 Valid Through: 11/30/2024 General Appraiser License #: Valid Through: Provide number of years of experience you have in the area of real property valuation: 20+ years Describe experience, and number of years you have in the area of tangible property valuation: Page 1 v01/13/2015 -68- O SPECIAL MAGISTRATE APPLICATION * INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD �ORlO4' (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. & 194.035) 1. Educational Background 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 leasespecify) 3. If you currently or previously have served as a special magistrate, please provide the municipality or county and dates served. Broward County 2010 to present Martin County 2014 2015 2016 Indian River County 2023 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. Independent impartial unbiased with various types of valuation experience (traditional fee appraiser, review appraiser, prior expert witness and Special Magistrate experience) Broward County VAB 954-357-7205 _ 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. Windows Office suite web browsers Zoom/Teams Axia 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 # 2. Of those organizations describe any possible conflict of interest tnat could occur or the appearance or a of interest that may prevent you from fairly conducting a hearing: Page 2 v01/13/2015 11MM SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD �oR,oA (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. & 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? ® 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. 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 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 follow all requirements and mandates of law in fulfr'lling the duties of special magistrate. Date:05/02/2024 Signature of Applicant Scott Sehr Printed Name of Applicant -70- Page 3 v01/13/2015 The Appraiser Special Magistrate (SM) conducted a hearing that occurred on Jan 12, 2017 for the correctness of the 2016 assessed value of 851 NE Town Ter in Jensen Beach. At the hearing were two representatives from Martin County Property Appraisers Office (PAO) and Asmaa Metwally & Mohammad Sallam the petitioners (PET). Both parties presented evidence in support of their opinions for the subject value. The PAO evidence consisted of a comparable grid of sales from the subject market area. The subject data consisted of the property tax card, sketch plan and aerial/ground level photos. A sales comparison grid with 4 sales. Map showing the subject and comparables location. Exterior photos of the comparables properties and their MLS listing/photos. Rebuttal data was presented at the hearing. The PET evidence consisted interior/exterior photos of the subject, expense report list and one line list of Martin County sales. Upon examination of the evidence submitted, the PET provided 17 photos of the subject interior & exterior. The date of the photos were not supplied. The photos show repairs required with some repairs in progress to the subject and clutter/personal items from previous occupier of the dwelling left behind. The PAO addressed the subject condition being poor and that they applied a $60,000 adjustment. The PAO provided support for their adjustment as the assessment for the structure was $70,620. They applied a condition reduction to the assessment down to $10,620 for the improvements/structure. The PET provided an expense report of one -line transactions to various home improvement stores and payments to vendors/contractor. No details of what was purchased or services rendered were provided. The one line sales grid presented were for properties indifferent market areas of Martin County. The PAO provided the lot sizes and lot values for these properties in rebuttal as that was not included in the grid. The PAO sales grid had 4 sales from the subject market area. The PAO applied adjustments for the differences in features. Sales 1, 2 & 3 are the best indicators of the subject value. These sales adjusted to $234,600, $238,800 & $222,300 without the condition adjustment applied. The PAO applied the $60,000 adjustment for the subjects inferior condition to the comparables based on the subject not being habitable as of the effective date. The PAO applied the condition adjustment as a temporary reduction as the subject was not habitable as of the effective date. The subject market value at $195,620 is supported by the sales prior to the condition adjustment applied. After applying the temporary reduction for condition the three sales return an average value of $171,900. Then applying the 15% cos (cost of sale) adjustment per the -72- DR493 is $146,115. With the inclusion of the PAO 4th sale (which has a premium pond view) the four average $161,625, minus the 15% cos is $137,301. The PAO provided a reduction to the structure assessment as noted earlier which is satisfactory for the condition noted in the evidence provided by the PET. In conclusion, it is the magistrate's opinion that the PAO estimate of value with the temporary reduction applied is adequately supported and the PET failed to overcome the evidence presented by the PAO based on all the data presented. Factoring all the evidence provided the Just/Market Value of $135,620 for the subject is supported. The PET request for a lower valuation is denied based on the evidence presented. -73- The Appraiser Special Magistrate (SM) conducted a hearing that occurred on Dec 02, 2016 for the correctness of the 2016 assessed value of 4971 SW Bimini Cir N in Palm City. At the hearing were two representatives from Martin County Property Appraisers Office (PAO) and Paul Prezzemolo the petitioners (PET). Also present for the PET was Robert Juliano. Both parties presented evidence in support of their opinions for the subject value. The PAO evidence consisted of a comparable grid of sales from the subject market area. The subject data consisted of the property tax card, sketch plan, interior photos and aerial/ground level photos. A sales comparison grid with 5 sales. Map showing the subject and comparables location. Exterior photos of the comparables properties and theirviews. One line grid of 2015 sales and additional comparable property cards. The PET evidence consisted of a email letter with 8 comparables, property cards for the 8 comparables, grid with 5 comparables, construction contract (12 pages). Upon examination of the evidence submitted, the PET provided a 12 page contract. The contract did not provide any details into the size of the dwelling, quality of interior finish products (kitchen cabinets, counters, bathroom fixtures, flooring etc) or cost breakdowns. The sketch/floor plan dated 11/04/2014 that was included in the PAO evidence package indicated a living area of 2,879 sf and the final size indicated in the records is 3,044 sf. It is not known if there was a change order or any price revisions in the contract. Visual support for the interior finishes were not presented by the PET into evidence and the PAO was not granted access for verification. The interior photos in the construction phase indicate that it was an upper level home consistent with the neighborhood. The bathroom photo shows that the tiles were not low level grade product. The PAO also presented that one of the owners of the construction company was a family member of the PET. The PAO provided a sales comparison grid with 5 sales. These 5 sales were also utilized by the PET. The PET emphasized the comparable assessed values and not the sale prices. The PET did not apply any adjustments for differences in features. The PAO applied reasonable market supported adjustments to the differences in features to the sales in the grid. The average value from all five sales is $576,960 which would equate to $490,416 with a 15% cost of sale (cos) per the county DR493. Both parties agree that sale 1 was the most similar to the subject. This property sold for $575,000 and adjusted to $545,800 after adjustments are applied. This value minus the 15% cos is $463,930. The difference between the current value of $466,670 to $463,930 is approx a 1/2% which would not require an adjustment. The current value of the subject is approx 19% all 5 comparables at $576,960. The PAO presented a value of $560,000 based on the comparable grid which equates to a 16.6% cos of sale adjustment. -74- The SM reviewed the data presented and concurs with the current market value. The PET did not provide credible evidence to indicate lower end products in the building of the subject. The SM cannot utilize the other market values in determining the subject value. The differences in their sale prices to their values had some below the 15% and some above the 15% cos per DR493. The PAO utilizes mass appraisal technology in their valuation. The evidence presented by both parties supports a market value of $560,000 for the newly constructed subject dwelling. The PAO commented on the construction price based on a value 13 months prior to the effective date of Jan 1, 2016 and that the construction company owner is a family member of the PET resulting in less than typical cost. The PET commented on low end product used in the construction phase which is not supported by any evidence. The comparable data presented supports the current value. The 1/2% difference from comparable ladjusted value to the current value does not warrant an adjustment. All the evidence presented by both parties support the current market value with the eight factors and criteria from the Florida Statutes applied. In conclusion, it is the magistrate's opinion that the PAO estimate of value is adequately supported and the PET failed to overcome the evidence presented by the PAO based on all the data presented. Factoring all the evidence provided the Just Value of $466,670 for the subject is supported. The PET request for a lower valuation is denied based on the evidence presented. -75- Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number m backup talien, sole For individuals, this is generally your social security number (SSNr However, for a - m ^ resident alien, sole proprietor, or disregarded entity, see lila instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a MI TIN, later. or Note: if the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. n i I i i i l- -MMMENUL Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I ant no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later, Sign Signature of Here I U.S. person ► �` 1 "� - _ .. Date w Fr Z/// Z4 Z'I General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to wwtvJrs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) - Form 1099 -DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) - Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) Form 1099-K (merchant card and third party network transactions) - Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding, later. Cat. No. 1023tX Form Vtf-9 (Rev. 10-2018) -76- UJOKRequest 9 for Taxpayer Give Form to the Form ! 11 Identification Number and Certification requester. Do not (Rev. October 2018) send to the IRS. the Treasury Internal Revenue Service le- Go to wwivtrs.gov/FormW9 for instructions and the latest Information. 1 Name (as shown on your income tax retum). Name is required on this line; do not leave this line blank. Scott Sehr Inc 2 Business nameldisregarded entity name, it different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to rn 0 following seven boxes. certain entities, not individuals; see instructions on page 3): C. o ❑ individua€/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust(estate c single -member LLC Exempt payee code (if any) u❑ Limited liability company. Enterthe tax classification (C=C corporation. S=S corporation, P=Partnership)► Note: Check the appropriate box in the fine above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC If the LLC is ofassified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) 's- -- another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLO that is disregarded from the owner should check Ste appropriate box for the tax classification of its owner. E]OEher(seeinstniotians)>w wpgoroMvwotsM.It dnenvutsdeumusr 6 Address (number, street, and apt. or suite no.) See tnstructions. Requester's name and address (optional) 1440 Coral Ridge Dr #124 6 City, state, and ZIP code Coral Springs, FI_ 33071 7 List account number(s) here (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number m backup talien, sole For individuals, this is generally your social security number (SSNr However, for a - m ^ resident alien, sole proprietor, or disregarded entity, see lila instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a MI TIN, later. or Note: if the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. n i I i i i l- -MMMENUL Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I ant no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later, Sign Signature of Here I U.S. person ► �` 1 "� - _ .. Date w Fr Z/// Z4 Z'I General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to wwtvJrs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) - Form 1099 -DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) - Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) Form 1099-K (merchant card and third party network transactions) - Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding, later. Cat. No. 1023tX Form Vtf-9 (Rev. 10-2018) -76- SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. 4 194.035) Please type or print. If more space is needed, attach additional sheets. Applicants may supplement their application with a resume..Howeu)er, a resume cannot be used in lieu oj'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. APPLICANT 1NFORMATIO'N Name: Stephen G. Neill MAI Home Address: 139 Dominion CourtFort Pierce FL 34949 Mailing Address: Same Business Name: Callaway & Price hie. Business Address: 603 Indian River Drive Suite 104 Fort Pierce FL 34950 Phone: Home/ Business/772-464-8607 Cell/561-718-1768 Fax: 772-461-0809 &Mail: s neili callawayandnrice 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. Ifyou have sewed 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,inyflorida.com/dor/properly/vab/trainin .ht* tm1. Return your completion certificate to the VAB clerk. Attorney Magistrate Applicant: Bar Number: Date of Admission: FIow 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: 11/30/24 Provide number of years of experience you have in the area of real property valuation: 26 Describe experience, and number of years you have in the area of tangible property valuation: N/A Page 1 v01/13/2015 -77- SPECIAL MAGISTRATE APPLICATION 2�Rro5' INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. & 194.035} — - -- — QT A L I4`I-+C A T I-0 N S -1-E Ji P G-li 1 E -N C 1J T ---- — — 1. Educational Background See Attached Oualifieations 2. List any experience and/or specialty for the following property types: PROPERTY TYPE EXPERIENCE/SPECIALTY Residential Real Property All types, incl ding high end condos S/F and M/F Commercial Real Property All types, including income-producing, single tenant, multi -tenant andspecial purpose 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 comity and dates served. St Lucie County 2007-2022 Martin County• 2-12-2015 Indian River County: 2010-2022 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 #3 above Angela Riggins & Carrie Lavargna — St Lucie County Value Adiustment 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 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 x01/13/2015 -78- �y{VF SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APP.LICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT. S 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 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 M No If yes, please provide details: The unndersigned certifies, under penalty of disqualification fr•orn consideration, that each item contained in this application, or any other document furnished by or on behalf of the applicant is h•rte and complete as of the date it bears. The undersigned authorizes the Pahre Adjustment Board to obtain information from other sources to verb each item contained herein. The undersigned aclnnou,ledges that, f selected, he%rhe will follow, all requirements and mandates of Im , W frtlfrlling the ditties of special magistrate. -D Date: 05/13/2024 tgn re Eant teplien G. Net Printed Name of Applicant Page 3 v01/13/2015 -79- V Qualifications .Stephen G. Nei//, 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 -80- 47aalificativns - Stephen G. Neill, MAI Qualified Expert Witness 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 Appraising\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 -81- V) wu -u3 �4 0 Ff LLJ 7-4 Awl IV .10 14 1 4-f -, L r7 Findings of Fact for Petition 2019-082: List of Property Appraiser Exhibits/Witnesses: * Travis King, representing the Property Appraisers Office (PAO) * Canda Brown, PAO Attorney * Summary of Testimony, 8 Criteria's, Photos, Aerials * Comparable Sales Approach, Exchange of Evidence, Methodology, 1 st and 8th Case Law, All Supporting Data List of Petitioner's Exhibits/Witnesses: * Petitioner did not show, but wanted evidence considered — VB Sutherland Inc * Property Card, prior sale of the Subject Summary of Evidence presented by the Property Appraiser: The Subject Property is a 963 square foot, single-family residence located at 1635 25th Avenue, Vero Beach. This property that was built in 1952. For valuation, the PAO provided the sales comparison approach to valu,;. The summary of sales indicated a range from $130 to $162 per square foot. Overall the PAO concluded at $105 per square foot or $101,102. The PAO also provided evidence and testimony that they have considered all factors to determine just valuation by doing a sales comparison approach. The PAO provided rebuttal evidence that the petitioners prior sale was not a qualified sale. The PAO presented verbal testimony that they consider a cost of sale adjustment in their CAMA system. Summary of Evidence presented by the Petitioner: The Petitioner submitted evidence that the property was purchased in 2018 for $75,000. There was additional evidence presented that the persons were not related or involved in any of the trust. Magistrate's Analysis and Findings of Facts: Based on the data presented at the hearing it is my opinion that the PAO provided the most complete valuation of this petition. The PAO provided the relevant comparbale sales and supported their value conclusion. The petitioner did not provide any additional data in regards to the value of the Subject Property besides the prior sale of the property. In typical appraisal practices more than one comparable is relied upon to determine value.Considering the valuations that the PAO provided, it is my opinion that the PAO values have also considered any cost of sale adjustments. Conclusions of Law for Petition 2019-082: 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. There was not sufficient evidence that the Property Appraiser's value exceeds just value. Therefore the petition should be denied. 2019-082 -83- • Copy of license referenced below. •Documentationto 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 1 the current year training provided by the Department of Revenue. To obtain the training, go :online to the . Departments website at .hip://dor.mvflorida.9=&or/prooertvbab/braimna.html. Return your completion certificate to the. VAB clerk. i Attorney Magistrate Applicant; Bar Number; Date of Admission: 9 How many years of experience do: you have in the area of ad valorem taxation: Appraiser Magistrate Applicant: Residential Appraiser License #::. Valid T-WoUgh: i General Appraiser License #: RZ-170, ValUThrough:. 11/30/24 f Provide number of ears of experience you have in:the area of real valuation: 45 Y P y. property. � Describe experience, and number of years you have in the area of tangible property valuation: ; 1. Educational Background Bachelor of Science in Business Administration majoring in Real Estate from Universitv:of Florida: 1978 Palm Beach Community College 2. List any experience, and/or specialty for the following property types, PROPERTY TYPE, EXPERIENCE/SPECIALTY Residential. Rear Property Appraised: and Reviewed wide vatxe : of Residential — 45 years, Commercial Real Property: Appraised and Reviewed wide variety of Commercial property — 45 . ears Tan ible. Property Other leasespecify) CMBS raisal Reviewer for 3 ears 3. If you currently or previously have served as a special magistrate lease provide the municipality or coon and Y Y P Y Pe P P Pity county dates served. . _Palin -Beach County: 19 of the:past 37 years, last year served 2023.: Martin :County: 2013.2017.2023 Broward County: 2014-2017. Nami%Dade County 2013-2017. Brevard County: 2023 9 s 4. Have you ever :been dismissed; terminated or denied. appointmient: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 realro P Pe I't3' appraisals. Glenn Lazarus, MAI. CCIM glenalazarusAasitusame.com 561-314-2973 ... John McDonald john owpropertvtax.com 561-627x6551 6. Are you willing to accept the Value Adjustment Board established schedule of fees? Yes Ej No If no, please indicate your schedule of fees to be charged the board on a one-hour basis; :. 7. Ex lam our level of knowledge and experienbe with computers and list the applications you are familiar 'With, P...Y including Axia.: Proficient in all related software products and experienced in Axia:' i 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 PATE MEMBER # Appraisal Institute MAI 1987-2024 7581 y o ; SPECIAL MAGISTRATE APPLICATION ..: INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONSDUTLINED: N FLA. STAT. a 124,031):: ... 3. IUve 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 oountyattomey or the value. adjustment, board of any of:the:counties towhich you are applying: None .. J 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 _ . prevent 1 appearance of a con ict ofinterest,might arise that°would you from fairly conducting the hearing between the property appraiser and the property owner and taxpayer :. None s i. Pursuant to Fla. Stat. § 194.035, a person cannot serve as a special magistrate if he/she-: is an-elected -or aPPou►ted � official of a county, a taxing jurisdicUon;.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 E. . administrative review of property taxes. .. Are you an elected or appointed official: or employee of a county, a taxing jurisdiction, or the state?:0 Yes O No i Tf yes, please provide details: The undersigned certfes, under penalty of disqualification from consideration, that each item''Canrtained in.this application,_ or any other document, furnished by or on beha f 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 thot, f selected he/she will fo11o►v all requirements and mandates of law in fu f fling the duties of special magistrate:::.: f Date:5& 4 :Signature of Applicant.: Douglas B. Lawson, MAI 1 .. Printed Name of Applicant . . s 5... Page 3 .... v01/I31201 DOUGLAS B. LAWSON, MAI QUALIFICATIONS Works as a real estate appraiser and consultant. Mr. Lawson has been actively engaged in various phases of real estate valuation since 1977. He has prepared appraisals encompassing most of the major categories of land and buildings. He has also been actively involved in the review process of appraisals. Mr. Lawson has been a resident of Palm Beach County, Florida, since 1935, currently residing in Jupiter. He received his secondary education from the University of Florida, where he graduated in 1978 with a Bachelor of Science degree in Business Administration. PROFESSIONAL AFFILIATIONS Member of the Appraisal Institute - MAI Certification No. 7581 Qualified as an expert witness in Circuit Courts of Palm Beach and Martin Counties, as well as in Federal Bankruptcy Court Board of Directors, South Florida Chapter of the Appraisal Institute, 1999-2003 Licensed as a Broker with Florida Real Estate Commission -- License BK3001120 State -Certified General Real Estate Appraiser, License RZ 170, by the State of Florida, Department of Professional Regulation, Real Estate Appraisal Board through November 30, 2024 Mr. Lawson has appraisal experience in over 40 states and is currently licensed as a real estate appraiser in six other states and the District of Columbia. APPRAISAL EDUCATION BSBA University of Florida, 1978, majoring in Real Estate and Urban Land Development Appraisal Institute: Comprehensive Examination -- Challenged and Passed, 1987 Completed several hundred hours of a coursework and Continuing Education including: Standards and Ethics for Professionals Florida Appraisal Laws and Regulation Business Practices and Ethics Appraising High Value and Historic Homes Property Tax Assessment i ... ... ... ... ... List of Property. Appraisers' (PA) Witnesses and Exhibits; The Property, Appraiser (PA) was represented by Christian Cao, Faith: Sanderson and Jared .:Oliver..The property appraiser provided a 20 -page evidence package, which indicates a just :value and taxable value i of $3,068,509. The.exhibits included a summary of salient facts, cost approach, Marshall & Swift cost worksheet, sales; . Comparison approach, grid . an .. income approach. The package includes photographs and associated maps. The package. also includes a letter to the property owner with iriformatton on income and :expense . questionnaire requested by the property, appraiser. �. .:Jennifer McClain, attorney for the -property: appraiser made :a brief :statement: that this :: 3: : petition, as well as three others by the. 'same .Petitioner had been heard previously on November 21 2023'.:Ms. McLean stated previous :special : magistrate: ruled in favor of the . PAO: on all four of the::.: petitions., . 1 List of Petitioner's Witnesses and Exhibits: The petitioner was represented by Deneen Maly of FirstPointe Advisors LLC: Petitioner f provided two evidence packages. The :1:1.4 -page package: uicluded 2023 tax year statutory support an cost of sale . package .for proper ies fled by FirstPointe. Advisors..Several .. statutes :and regulatory documents have been included along with : the 2023: value .:: adjustment board training manual, Florida Department. -of Revenue -: Property Tax, Informational Bulletin examples of application -,of the M Criterion Pr.e.Pa..red ' by Advisors. FirstPointe The property evidence package contains 136 pages and includes a summary of salient facts along with the property record card, maps; market and pro forma analyses; market reports, comparable. sales analysis, .pictures, and lease. comparables. The .taxpayers' opinion :of Just/Market Value is $2,2009000 or $442p er square foot. f Overview of the Subject Property: . 1 The subject property is a freestanding fast-food restaurant, or quick serve-esiaut ant (QSR) ' with drive thra occupied by Chick-fil A. Tlie property i' locatedat 393$ Southwest Archer Rd. in Gainesville, Alachua County Florida. The parcel number: is. 06810-003-006.:The . improvements. were completed ' in 2018 and contain 4,983 SgFt: The land area: is 66,211 . :SgFt or 1.52 acres. The property is zoned PD,: Planned Development. The land is valued at $2;3:17,392 and improvements. are valued at $751,117; totaling:$3,068,509. There: have .....been no recent sales of the property, and the highest and best use: is as presently improved. P PertY� . . . :Tangible personal property is not: included in : ' the value . estimate. � Summary of Evidence Presented by the Property. Appraiser: ... ... f PA has: included: the statement: "The property. appraisers office has properly considered all statutory criteria in the valuation process. The methodology used to determine the value of the subject property was consistent with acceptable appraisal practices, and not different fromsimilar properties. All: evidence available to this office at the present time indicates that the 2023 Just. value as published by the Property Appraiser': s Office is welh supported by transactions occurring in the open:market:" The cost: approach included three: _land sales in Alachua County. The transactions all occurred in 2021 and:range in size from 27,060 SgFt to 53;578 SgFt. A sales location map is included. The property appraiser has concluded at $35 per square foot,: which is: below the range of -the sales. This indicates a land value: of $2,31:7;392. A Marshall :& Swift worksheet was included to provide an estimated building value.. Class C .average quality i concrete block restaurant withdrive-in has been utilized to provide abase cost:of $182'p- er square foot. Adjustments and refinements were applied: for HVAC, perimeter current cost, and location. The -final cost was;$171.46 per square foot, indicating a replacement cost of $854,376.: PA deducted 9% for depreciation: resul#ng in a depreciated cost: of $777 482 Miscellaneous extra features were included at $57;954. The cost: approach Indication is $3;152,819: Property Appraiser has. included. a sales comparisonapproach with four comparable sales located in Alachua, Marion and St. John's: Counties: The freestanding :restaurants :contain between 1,880 SgFt and 3,693 SgFt. The sales occurred in 2021 through early 2023. This data indicates a range and sale price of $901 to $1;646 per square foot. The assessed value of the. subj ect property falls below the range at $615.80: per square foot. Photogr#phs of the j sales and a sales location map are provided. : The income approach includes six food restaurants that range in size from 3,693: SgFt to 4,440 SgFt. The rental:rates indicate a range of. $44 to $58 per square foot. PA concluded at $50 per square foot indicating a potential gross income of $249,150. A 5% vacancy Factor was deducted as: well as 5%o for operating expenses. The net operating income was: $224,857. Appraiser has applied a:6% cap rate from both market .and' published rates, indicating. a: market. value of $3:;747,61:7. The property. appraiser's evidence package also, includes. a tenant: 'overview from the j Boulder Group for Chick-fil-A, which indicates: a general cap rate range of 165% to 4.5% based on the length of lease. The typical building size is 4,200 SgFt. The.mostrecent data. indicates. an average sale :price of $2,350;949: with:a:rental rate of $33: per square. foot; a sale price of $637 per square foot, anda. caprate of 5.10%: Net Lease Advisor -report dated 1'/31/23 by Avison. Young was also included. The reportdiscusses:Chick-fil A.'ANet Lease report by Brisky: dated 7/18/23 was: provided; which; discusses : Chick41=A as .one of the most successful :`quick serve restaurant franchises in the world. i Summary of Evidence Presented:hy the: Petitioner; The: Petitioner's (PET. evidence incudes general information on the subject property, .... including the property card,:maps and photographs. The income analysis includes five lease comparables from the Orlando area with starting: rent of $30:40 p g per: square:: foot. The properties have a two -star or three -star rating according :to .Costar. The comps:: include ANF Gyros and Grill built: in 1989. and .located on W Colonial br; Flapjack i Johnny's built in 1984 and located: in the Apopka: area; Marion's Tavern built ip 1997- Dunkin' Donuts built in 201,0; and: a :.Crystal built in 1970. j PA has included a market: survey called Viewpoint prepared by IRR for the Orlando retail ` market. The midyear 2,022 report includes an indication ofcap rates :and asking rents. and vacancy rates :for community: retail and neighborhood retail properties in the: Orlando MSA. In addition, PET has included investment surveys: from SitusAMC for regional: mall j power centers and neighborhood commercial' properties. RERC reports for Orlando and Palm Beach: County were included. An: investor survey. prepared by irealtyrates.cQ was ... . included:for support of an overall cap rate. The survey'includes.retail anchor centers and.. all types of retail properties for first quarter 2023.:A market study by resltyrates.com for class A and B office buildings in various :regions of the state was included:: ' A capitalization rate com son analysis has-been included to: i Ovide a com arison of P P� Y Pr p : � cap rates in January 2022: and January 2023 to show the impact.of increasing interest rates. The analysis is not specific to freestanding restaurant properties and was eared b Master I p 1�� prepared Y , .. CRE and . Haute: Commercial Real Estate, : LLC. The Band of Investment comparison applies a higher mortgage constant due to higher interest rates in 2023, and a higher equity dividend rate in 2023. The result of the example is a 12,63% higher'cap rate. The petitioners package includes numerous survey data tables .from realtyrateg.com°to support equity rates and financial indices: has been provided for the :10-year:treasury rate. Data from PWC Real Estate Investor Survey. for first -.quarter 2023 was included. The data '. relates to malls, power centers, and shopping centers. NAI Realvest Retail Report -from the Orlando metro market was included for fourth-quarter 2022. Additional survey data from PWC was included to provide support for cap rates ;and:expenses Survey data from CBRE research was included for retail ,properties and various markets, the closest market being Orlando. The petitioner has included a table related to rental units for various types: of .. income, producing properties and also included .the ° Florida.:Real . Property Appraisal Guidelines ::prepared. by.I the Florida Department:- of Revenue.::: A sales analysis was included with 12 improved -restaurant sales located in the Orlando and Polk County markets. The properties: were built between 1983. and 2019. The sales occurred:.:: between 2021 and 2022 and indicate a sale price. _range of 3156 to $587 per square .foot with an average of $411 per square foot. Petitioner has deducted a 10% cost of sale to : 1 l provide range of $149 to $529: per square foot with an: average. of $370. Petitioner :has concluded at an initial value of $425 per square foot: indicating: a'value .of $2,120,000. The evidence package includes the Costar information,: as well as other documents.:for each of the 12 comparable sales. :PET discusses that this type of property: typically: has the landlord . finance, the Tenant Improvements. She indicates that Landlord puts: $30 to $35 per .SgFt in their: pocket: and the rest is reimbursements. Tenants pay this back. Rebuttal Testimony: PA states the lease comps used by PET are: from the: Orlando market and the data used by the PA was near the. subject in. the Gainesville market: N Call of. the. data is fast food type restaurants. PA states the sales are not --compardble to the Archer. Road "area that :is the busiest area of the county. PET discussed her sales in the Orlando areabeing: primarily fast food. She. questioned the $88 per SgFt land We used by PA, which she could notlocate and appears to be an outlier. It's possible when the properties sold, the landlord that possibly did the Tenant Improvements, so these improvements: are include These sales are Leased Fee :and not: Fee imp e..: Ms. McClain, the PA attorney rebutted that what the landlord has .possibly and probably done is not relevant credible evidence: I Special Magistrate's Analysis and Finding of Eacts: ' 1 :Based on a review of the .evidence a presumption of correctness has been :granted The PA provided- support for the assessed value. The Presumption of Correctness has been established as the PA provided by the. preponderance of the evidence that :the property d appraiser's just value was arrived at by complying with section 193 011 of the Florida statutes and professionally accepted: appraisal Practices: The PropertyA raiser included a well-�su ortedmarket income axial sis The rental rate PP PP : y was based on similar fast-food restaurants in similar markets. The vacancy, expenses and : cap rate are supported by market data. A sales coimpanson Approach was 'included with comparable sales analyzed_: by the PA: The sales support the.: assessed: value. A Cost approach was also included and : based on comparable land. sales and a reasonable: calculation of the replacementcost of the: improvements. PET has included an abundance of data for market support. Magistrate observes that much of the data provided is not directly comparable to.:the subject. The Archer Road area is a. high: traffic and high: retail demand area. Many of. the sales and rent comps:used by PET t are not reasonably similar due to age, quality and:location.: Most of the Market data and Investor surveys relate to other property types or markets and has been given limitedweight i my conc usion: , t -y, toren ly�otlt+� toiisl�:.htty.�served`as'a, eciad� ' � :•.:;:•. •.�ese� � ' �:.:: �•: �• ';:�.;. e t �v'� : Rjb detiti4 kcil l��r : j:,'•' :.. ;.. :C6rriiriercial'Ite1'.o 'I' •iro -Oiliei; � lease. i "{ � 't• - `��'�'� ��`�-' ^•7"-.> , t -y, toren ly�otlt+� toiisl�:.htty.�served`as'a, eciad� ' � :•.:;:•. •.�ese� � ' �:.:: �•: �• ';:�.;. e t �v'� dgtes tetved: • ; ' t •r � r� ' 4•.=r �,. 71"oti'e�'tae�d�o}i8�'tie�'���qa 'terated::0r. �deiii • }.,-ttn' •"4 �����5c:�:�' ,�t �'�! �•lt< � P'�. . ..'I}al`•:,�.�f"((it�• perfoiiiatice7':X No';i'Yas:(plea;eslj .. . ` l - ..List ah additi© �i�fbtzriatlott- , y���" , Y �. 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A*n ;i0i .pus i rt: o4�ka pc1Sr<pto p;i�th�:°eiiig�c�ot�s:�s�x(�b��her, �t��rPA s �s-that thii:'.dafiriit%ri �is:-�t)a .: e e FIs "m0*b_ :'vjf; - " itis: di ltiad'•� .:�WI��i�i�6.:�?� 1�`�ppr.iSo1 o'gahiporis:: The PA► iitditt�i#'hat its pidf'i td.v! liltrt 1�1 r �fI d 'vet p!� a F1e> tib►: "i : Pce~ +ental :-at . .-'Th' : reSeirit: sl, �i 140 O.•1~ i1e; : ro ' v tiiCh ix the'arrai� t' ;j�► 1' r tiesor: : :would o :e:v�iCli Siler'cc(ujive i�i'.:�easoiii# fe atlas Vii: urih it:ca. {i� cia:firs p p..:::: , to ri e''data:eg iiv s th�i Qf.1n'`a : r00..:a� �;i tfs i r i ; a1'�a�.fi# t se:df WOO nr 'ri a° i :. present ash)Wi+-i� prpl►;. `te.t rni?.rnt'vuiRR�' e..:answer, stru t .tib pprliisal.;prgc .71tg se i;bd` ►hr se_ trt: 1���.tl fif1it� �?r "1sX 1!disiu of ` : Ypas nablo fe acid i st ° # pciir fi S:i oi* appy able rl• 00:40,04, 3ide1: prp Le. ertgar� tan pditiMer':jsarty '.'M@'':l`i'd' t§t� "fir) .aisli g:tfa • .. gjble -• p tra saetaon :-a , � Ig b A r-*s r. tt t ' F :.. q. , .; . i . ; Y �.c�l::. iMatl ug, # :.transection in:tri#'C=&firpi!ititYilPa�piiri�..Idpt�t;tapt''#:tijvyidiit: �i►►oald tre,consi,der tcs-,si ct, .6'.�r lent: :}Iighest.acrd'Lhe:higiidst:aratl`1si irse,' ::Whtcl�tber#y.:j bex"•bg. tft:i'p i;he �iMMedi&t8- f and:. h4 -, pees i use” Qf Q �p lei i =tai fb : i .:. .. ..,. , fig) :. .p rrri�ssible use: o tiiia: #?e j/;' ti tdf "Y" ipok_ ate• jt tiir l: iiia i ipt , :brit lir csi":t -:1111)'d u �egiilatioir; ofr iti ork:: rre�er' volts pKdfr wyriire; art�d.en a iiatl ksr � c rr lr:.trn and detti its rjece ry t�;,e lie�ve: tla 'fit a kit':u f'ar�d ills# 'ip t r� .mot.* 1 :i ti sed-6y''' executive"•order; 4ay�ilitinr , rdgu#iort r0l,:o�'pirit.:sr id by:%rich) 1 : 664^'or:agora y o ttre: ( overnor: when..:the {lioretotii m`or jr�dRie rim t n ` hi63f$ St r C icts:tMe°.:' Y •�developnient :of hp pt&imbnt :of Pffiod as other:eijt.hip i26 ji pppl c i .; taant ,: lie : lir le goiiei'�imential f olly or.' 8gerit�i'or'th' 'QcM1r6dr�Sliili-,notifljl thLi.,* toPert . a ofai§er:'#n-wri#i` exacuL#de drier, oi`di►t race;:-re uratic n;>:t`e 4�lutiQl .°:or�.procl;rtOat�dn:°:fit: o pts'imq�3s#rig. rr r .r: +.. i. ,. 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OIated.a:ppr6)dfpAt __9 e k , 6t ipp� Aid 2 S op".1 eis; mg, c OF g -d& -riis with Wel trt h aper"a drod a -arjqey*les.-. Thefe are 10a vf U M.. lr* h t1b'I, tenter, �*`o w _6Utdo*r'.-0dbI 6t tub,'. bn ys rvi ci'61"i�llfte and 0-6r cb g. e esecond loc8W hIs 6do.',. . . . . . . . . . . . . . . . . . `44ir' if OSUMI i 604;1�ii` oi;i 0 he i"', Ni - 7 .71 The-A6ii h- b .6 1%x d t 6 orlgin'#I... -qt'r#06rt*d y. th payor on the - OM;'Os 4`ppraIs4II -p' d.: 51 4ni 0-.PA.deV4IdOe A:-inarket-�tudy�by':onayzing-,.d�tg'.* rdvied.:b a. pa, e. M.0 T jhb ' Wel 3*. - interne -e 'In i,,s"Ites, price-gu i _�thc I I .. -T� AMMI. the -0"Ohal;. b". .:WlIeft: Md4jV JCa ... .�, ;�<•'s+.i'3 a;Y• �:'^%' •'Cj• :.`i: �T-..... i.'f :,[;: .:,�"' ,uii",.�4,".. .r:>%•.:::'^�= '��'S ,.�:. ! _ p 'N.!>i:iy `' 1t 4 �'� � ..�- �x zt; r L�t" "`?g '�4 'Cf'. _ ;i, ,+."4. � ;,.+,-��Z"•' 0c�e::d . .. 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' - of`:tfae teictbt ik vo - ' : ages' 27=0 ire F o'n4 Std. ti<i id hies,. tai ,gta dart Me = ' i irlg f le Fey' ri r 1?1 A p� l l quid'elites:.: �- s 4'i -ire r m: Mil l 11 $c vuift �eted'Jariva�t ► ' 2b16 intro uctit ri id;d prs i fii�n quid iih�s rai `Of these. 4' it�t�s�r�.fti 11 h e?t ir1 �t 'ti`Ile .. .... _ r :xi s ihrx :of.te: raq. vitii'.. e .e . + .:!` "the Pact 4"t_ . .$ :. .. r s� an t ie: sd :. n coin rr bm.`.:.For- Pa iti9ri N� . ! ' d d . p .:, -ries i~ "".,(1.40 .pages,. P$e .1� pages8 pales, i#'pii _ettles, 3;t. :.pa esj Fiir de i , idrr: ; > he i rit se ectad:o�8 e�t�iary �t�trt erabl „ a es e 5 ebx Alit ti he eY - oia[y 46ti tQt4C ss �.Pgg , � 33 �d =e.`1= -ye G� twit : G[6 :for a i; t . ✓ si : ea -'ah %. 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' s• a -tliscus tI> w trno' d i'1: mile ess+t:etn.� etii . ttte econb .i:ls4 favor: ' The Pkd ..:p. fid e.a_! +fit.. . ,.: .. ► The Pk was: b ned �nritlil: the rtcli�s ori df verlOils:: 'lopes of sets - .s ignage, c spot r . arils : aeasetiolcis 1 he: i�A treats •,e4ery. t i>�peyer: Che satlie:: PA state i that .the s Pet�t�or�er Agent :has net su6ktte'd:eviden 'suppoi fM �r re a ed`4atu :ur trveKco►rie tis .p s�Y rtiion �!# i#tes�e�3 -: :'t•: 4` -: is •..: S` _ ~s•: • ,_� � -J :71tie ' erit stat tl: mouse of tfle la df'tleteil he Lias wsed`a -�{ -►ear iife`arati; 0 ;iriSl"iitar ' f 4:.. :. ... ::... :.. ;; .. tia`the PA's. just vp1We;,fats r qudsted \rWd ;-&i r;ttla .if:iroie dd4afi:f ed been•Oiou oid b�rtfie ..-.. .. jj .. 7e` ii Xp 'Y t� .�. ; :The Special IViagist to `.f view@d, ardi fitted atYd o�sid Red`. eii of the " vi ei s 5�1 " * ". , by bQtfi.. , j parties.' `Rules 1 1 5 . 2D� 27; �A:C °and` I�Q :Tt rr�i IYfod ie :di Cies °ed d d„ r event a4W _ -suf is en ' of vid rare lo�Vg..Al 'th : ndard Of.prbq€ Is4mg."pr��nd�r� 4 tt#�t: modtiies:atso tlis�er�ss the evideiYte. pei_ g ad i % i�r tit s of n�ces rily'stiffic�clt ft 01 ittt firm Am- A� t vhere j r w-Aj es R '14 etwjjm. T t; - . 0 .1 -410 9140 0 ed - &..g% n and. �fcct6 4A anatib 'h -w tod 4a 4air," Oftt-1 'f* 0 4-hot-10st., -r. ft0ow: the.'-. . M 66te :,on t•heke urn.. - •fo rbo -fhi*Mik6s�4-jfi Jl -i�i 0-140 Ofe 4-PO on Updn •r6jeWl•••K • Iwo i*--J!M: t dete -, rigs). - m1he. -4f::,O Oo 'or--.A t 'b e ph4ti!$Ahs: Ft'ti�f1sifaa;`Pd!#i►tti .fid • . clear) -w p Af th fo* id WtM*ot�) F. or... IwM m f jar. Vjft -hin j kgpd�f.., Oata. -'A " 'li * ' Ott mony t -e Ipm A. P :mow ..:.CU '111 ;-d'j dio rta pandIr 0...y. Vk4. lie, wamim: ihe t, A w. -fs4kM$.4.� d -Com e Opt- d 6� 07w-A -Ces 60A 0,! wr U." hoW.-j-he A' -w 'Wt. Ut'd6ta.11% f ce... . . IS fiat-1,. -Age C. 04- Obu r Joe -assei�smqnt-d'Ods-..-�Q"t:l va .'.:lhat eft er.*'s-:- p h 9 �fforgm from thote pfespme.-propenvl -y Ileves. The Agdot be ihit:fi "6iii6 8 I.q qlosy.,4 Ce ' w oirCS,his presumppon- O'clal Mag IgMe. "tat "i e. -ollow ngf .'Y • got •i yptht accepted appre�se)'.?pra tic s. on, 'Optlat-Ot4.ipprals4l. m I "d 8001 —.1 IZI. IA Ap -.: l� h .x >� i a _ ;► ! ••i �<,t 'anri:-�•� l ;' .�' .?Ora :!•:4�. 's 'a�naY .� r► . p��.�t jya�..�, �° a�� 't�miilY withp1See Int ..Bash:: •:' 1.11�4t•L�l 1C'` 4 ,�4".1'....'.....- VS.•�5 r "J'a n . •era ' A tli�+�> iia x'41 :+ :-with. e(t•�otlter..'�j�:�''.�al'statii��r1' stared,�patts'f+�s!''..�ur;��::.: fid:... n'a to �n�. statements' triad ri �{� ?is ',.:.: ale:rjpps :wig.'. Sta:�id'Z�0 (fla:�li):'. a• t.''. A- tea®t b' NO 4a. :'e: jai r. uCit Under -se. ctori:lla. ,�;� 1/:b dpp . .. A?:. :evident exprai tial ;h w he'; ai er.5 i l i. f tier it C v Iu0116 , dedg;'� i, _X li�c.'�i;.:. �bii0..tfa;9th Cir.':; �ctic�r ��Oc)>. fi >>Aha'sfidttra:`4hdrx. ` r` f M f :tt ;:the 'PA od . d f finer' dte .r flsi4.1+ Ctr : ' nting . na hoard o. 6p .. , ; :i a relevant and crddi t ^eve erlcd;in:sy�pbrt Qf itiis of:h i ,'det�a0 Otto n ��� fidl� i2��3�t��,��,:��.�: ds' mention d alioiie'':. tf' -e�tl��ef: pr .... ed b+y° tt�et flit l t everal ju stipns' aia: a'np es d ?des. wfjtch were nu�1��'r. ecf'by I iS::eYid i e or:te5tii i0iryt:::�'fy k . i�$�erf�und b : e G li i stra - � � were a� �fallow9; . ' .. , .. •' - • " .... .. . =a ; ' ' 'tltrrt aen•ht.riitlel'rttii�. $howp oii the `rttYrn' . #�ie�he; •useit 'aint fur�d e ►'VAIC.0 ahid ire�ii a �l vr8) 41 i }.:� ;:'ffaa•�ver� •n �� tw.a n � tx� �t .,. - txf'. '.e ables do: n' -i ate -W r . df f.6 d� tk� corrip r. 1 a yaa:..' w . C. A-4 Ms`sl'�au�d' :fliratltiar:a e:vf.ee:is:no -cum• `rabl su .o�•fara �. - ��y}'`�t��-� �� '_a'�{'� �ilbld tt�ir't•�:edd•�taaJr�set-��tiar�Bai�y�.�{ l`is ftrritir.� afore ' tll� : �;uS�i i desrei ` ;h s : r u , vs : �fle5.: qdt the Ott arid :t�f ro�sf. + 'lir:. .. t!► , ld p. , l"e d f: kh+' , : iYleri", :� A3b i�r r `bfi ' t� :ta :4vl�t»e the P . 5 n' or - .ust. ' , .p .pad . e .tlt ,... 7 .. p. 4� 6,.' The + � : ii riaf ..�y/ +Da!ide:`su.Pp.prtin � It .Opta r�.or�er, tis :�[ r;ti�e����n�e=1r�: � `nate ories. tli _aeleblh#ions. =.7he ` det+`rs:her.' �i�efiite in{A/':t�ri°%tfie A[iMat's: ' t• 1 i_ Av ; .1'"..41 _ _O. :.. ::..:.:. ceiculatton:aAtl:aatetii're ueetvalies; 1i1 : q . ` lfilitfi�'atl'of lh a s . • i s �i a� iso . `d - �s 5' : " fai . i ra • `'haa-t ` :tt of fs .. >F*. � !'�,.:�. � ��:� .. Ntt�� st fie .. - _:;evidenceistio�re�nt�dr��diblC-tb•slu�pprt'h9a�i'e�ue�e#i'valwe�•: - .,•:: •.. : .: `�•:'„ .. , ,e -PA: --.A W :t t:itis`.. biderid.t b•,eight t;�teria:of :5: 0 lied :r. ; rIf ':acini ted 'a rai, l ra-eti es` arse se i'the t s t?''t�.bthe A_n s•.i�tEe d'�vv ounty ::util6d m aO.Orair _�iaT��t r d o file �snr : ff rau Cx'.devei t mdac:':5sf:lif!e� itn nit.: • j '• W aatt;yearly adjust n 'if tided.+raside end �rccpxa� the Taiip er?s';&: trt. ria * air-: Aft e evFeW ing: a'l: of -t a data `a d testiirrio` ! er p ' e l h ,r► riy %;biir'`lt �4:a d-th'e Aei;`ttieaiI!e l ~' .. . ,.' deterriiined-tf�at::the PA : tres roet' the-- approgr(t ;: �ttida s raft did ' retetn fih : corr aftss:.A ::title piesunap orr was ndt t�ver i► e t ' gej �I�d° �i ' ntfar nert;:the PA's'rrialtl gt'�r2ttt�iss"reph$If;tl thb DFk.S�f.iatl,titefiiticir�s:+l�ed, j1:�r1.0, ' ::� "49� .. SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT.BO►AR1? (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT, s 194.05) 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 applicatioix Application for: ❑ Attorney Special Magistrate X Ap iser c][1 IVtag to for... U Real Property andlor X ' n bltPefspttaProd y If appointed, how much time would you be available to conduct hearings and complete your recommendations? ❑1; to 8 hours per week,, to.2Qhnr8 vyeC ❑ 21 to 34 hours per week; 0 31 to_40 hours per waele. O. Name: Alex Ruden Home Address: 311 17ih Street, Atlantic Beach, Florida 32233. Mailing Address, Same Business Name: Southeast ARRraisal Business Address: 3350 Riverwood Parkway, Suite 1900.19077: Atlanta. Georgia 3Q339 Phone: Home/77Q 883 69$7 Businessn70 883 6987 Celil7.70 883 6987 Fax: $66 839 7887 E -Mail: seappraise@aoLcom • Copy of license referenced below. • Documentation to support membership in professional organizations listed below under Organizations. a A writing sample, which may consist of an opinion letter or other business-related documentation that contains one or more written pages of original material. If .you have served as a special magistrate previously, please submit a rccommended decision as your sample. Do not submit a copy of an appraisal as a writing sample. 0 Prior to conducting hearings, all. applicants are required under Fla. Stat. § 1.94.035 to cartify completion of the current year training provided by the Department of Revenue. To obtain the traininlg, go online to the Department's website at htt://p dor.myflorida.com/dorlpmperty/vabluainiu&html. Return your completion certificate to. the VAB clerk. Attorney Magistrate Applicant: Bar Number: Date of Admission: How many years of experience do you have in the area of ad valorem taxation: Appraiser Magistrate Applicant: Residential Appraiser License #: Valid Through: . General Appraiser License #3680 CO Georgia Valid Through 9/3Of24 American Society of Appraisers, ARM & MTS, Reaccredhed to 202$ Provide number of years of experience you have in the area of real property valuation: 26 Describe experience, and number of years you have in the area of tangible property valuation: 50 Page 1 -102- v01/13/2015 c? SPECIAL MAGISTRATE APPLICATION INDIAN ROVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS .OUTLINED IN �P,.�T9T x.124.0 0 1. Educational Background 2yrs engineering day school at Villanova Moved to night school at Rutgers with BS Accounting emphasis on Managerial Accounting and Finance continued at Rutgers MBA program Completing 75% course work Was then transferred from NJ to VA not finishW MBA Many yew ap m isal course work since 1970 2. List any experience and/or specialty for the following properly types: PROPERTY TYPE EXPERIENCE/SPECIALTY Residential Real Property MEMBER Commercial Real Propeq Industrial Primarily, as well as institutional Tanitible Property General experience industrial commercial institutional Other leasespecify) Accredited Senior Appraiser 3. If you currently or previously have served as a special magistrate, please provide the municipality or, county and dates served.. Cigy 2016 to current. Duval 2019,20,22, 23 Seminole 2022.23 Indian River 2022 23 Orange 201% 20.21.22. 23 Hillsborough 23 Polk 22-23 - -- 4. Have you. ever been dismissed, terminated or denied appointment as a special magistrate for poor or improper performance? X No ❑ Yes (please explain) No 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. Business Valuation Real Propla Tangible Personal Prop re ty combined education and experience overall places me at sly the top 100 overall experienced appraisers in the United States For references contact Stevg ftoblevaluations com 1 r•yauftv_ajrbcom 6. Are you willing to accept the Value Adjustment Board established schedule of fees? X Yes ❑ No If no, please indicate your schedule of fees to be charged the board on a one-hour basis. Yes will accept County rates Reasonable compensation for travel and overnights welcomed if schedulipg is demanding 7. Explain your level of knowledge and experience with computers and list the applications you are familiar with. including Axia. 30 ys experienced irk Microsoft 17Vord and Excel also 5 ye�se AXIA and i can type List each organization, recognized by the. real estate appraisalindustry or the professionals in that field, in which you.are currently or have previously been a designated member: ORGANIZATION DESIGNATION DATE MEMBER GA Real Property Comm Certified General Appraiser 1996 3650 American Society of Accredited Senior Appraiser 1970 & 3951 Page 2 -103- vol/13n015 SPECIAL MAGISTRATE APPLICATION INDIAN RIVER COUNTY VALUE ADJUSTMENT BOARD (APPLICANTS MUST MEET QUALIFICATIONS OUTLINED IN FLA. STAT;. s 104.033) Appraisers, ARM: & MTS 2006 2. Of those omanizations describe any possible conflict of interest that could occur or the appearances of a conflict ofinterest may prevent you from fairly conducting a hearing: Norte 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) No 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: None 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. None 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 X No If Yes, please p4ovide.details, The undersigned certifies, 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 verify each item contained herein. The undersigned acknowledges that, if selected, he/she will follow all requirements and mandates ofImv in fuyilling tha duties ofspecial magistrate. Alex Ruden Date: 5/5/14 Signature of Applicant Alex Ru_den Printed Name of Applicant Page 3 -104- v01/13/2015 ALEXANDER F. RUD►EN, ASA Accredited Senior Appraiser Certified General Real Property Appraiser Business and Intangible Asset Valuer PROFESSIONAL QUALIFICATIONS For over forty-nine 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 andior 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; insurancedamage 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, during his business career Mr. Ruden was employed as an appraiser and as an account executive by A. Frank Ruden and Son (son being hisAther), 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/Technieian: ground control and search, U.S.M.0 (3 years) Bachelor of Arts — Accounting;: Rutgers University,. finance managerial accounting emphasis Graduate School of Business Administration: Rutgers University (75°lo course work completed) Appraisal Courses: American Society of Appraisers, Appraisal Institute, 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 LICENSING Georgia Certified General Real Estate Appraiser, No. 00 680 (1996) -105- �I -106- i W i 6 ♦� 5 C -107- Ali d Cc3 a� 0 qj •C G � G c w G POO Cd -107- Ali R r �O FRI -108- CLi � vi o C .a CIS rlz� g od .� cn � � U r rn W W 5 •Q, C o � mono 3 Cd Cd >, o E > N a, V q'0 s, C o O O O N ~ b13 N a� O W CL 'a v >' •� o � � w O. U V3 rn y rn l F' Ctn 's In 'd -109- 0 STATE OF GEORGIA REAL ESTATE APPIMISERS BOARD ALE)$A RIDDEN `.3.680 - IS AUTHORIZED TO.- ' 30il"M 1466PRGIA AS A t "Op - CERTIFIED GE EPA7C,-Re'AL 9,T*f- APPRAISER THE PRIVILEGE AND RESPONSIBILITIES OfiTHIS'APPRAISER CU.SIPit TI THE APPRAISER PAYS REQUIRED APPRAISER FEEOiMQ!po AS- ;4 014 SHALL CONTINUE IN EFFECT AS LONG Ac AkIEW WITH A,4`OTHER REQUIREMENTS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, CHAPTER 43-39-A.,',THEAP . PRAISER'IS SOLELY RESPONSIBLE FOR THE PAYMENT OF ALL FEES t#4,A, T!MELY BASIS. D. SCOTT MURPHY JEANMARIE HOLMES Chairperson KEITH STONE WILLIAM A. MURRAY JEFF A. LAWSON Vice Chairperson ............ --.— ........... ------ �kl-EXANDER • FRANKLIN RUDEN a 3680 Status ACTIVE END OF RENEWAL 0913012024 ,CERTIFIED GENERAL REAL PROPERTY APPRAISER -110– THIS LICENSE EXPIRES If- YOU FAIL TO PAY TO COMPLETE ANY RENEWAL FEES OR IF YOU FAIL REQUIRED EDUCATION INA TIMELY MANNER, State of Georgia Real Estate Commission Suite 1000 - Intemailonal Towur III .' 229 Peachtree Street, NA, AIlanla, GA 30303.1605 LYNN DEMPSEY Real Estate Commissioner > W;u ........ ........... 12,3403.2,640375010. ...... ... --------Q-- ;ALEXANDER FRANKLIN RUDEN > M Z I # 3680 —17 states ACTIVE END OF RENEWAL 17 > 09/30120240 U) r– U3 CERTIFIED GENERAL REAL PROPERTY i M APPRAISER M > 0 z THIS LICENSE EXPIRES IF YOU FAIL TO PAY q 0 RENEWAL FEES OR IF YOU FAIL TO COMPLETE ANY M REQUIRED EDUCATION IN A TIMELY MANNER. cry 17– Slate 03 -n of Georgia Real Estate Commission to Suite 1000 - International Tower C4 z 229 Peachtree Street, N.E. 'Atlent . a, GA 30303-1605 LYNN DEMPSEY Real Estate Commissioner z .......................... 1234032640375010 —.- -110– CAN THE SAME ASSET HAVE DIFFERENT VALUES FOR DIFFERENT BUSINESSES No, an asset may not have different values for different businesses if the value concept is "in -exchange" based. But distance and installation matters and does affect the value. For example, the same asset say in Chicago, as well as in New Zealand, has differing values to a group of Indiana buyers. or, the same asset, assuming the buyer pays for deinstallation, would have differing values based upon the relative costs of removing the asset. This thought is basic. The more challenging question is if the same asset "in continued use" can have differing values. This writer believes so, based upon the relative capital contribution, and relative level of economic support, for the subject asset. The temptation is to claim that any difference should be attributable to the relative level of the intangible assets, Some of this argument is germane. But with the intangible assets being the same in value the contribution to profitability may vary to the level of the tangible personal property. Often this variance is product and/or utilization based. A product based variance example may be a Mazak machining center used to make very close tolerance special metal parts, vs. the same asset being used to produce much greater tolerance carbon steel parts. A utilization based variance example may be the same machining center being used in an 8 hour constant production process, vs. used occasionally in the maintenance machine shop of the same facility (note this is the same business) A test of this logic is an impairment study for Fair Value accounting. Two businesses may have precisely the same assets, but due to any number of entity specific or outside causes, the level of impairment by dip beyond the value of the intangible assets to the tangible personal property. As another example, the same asset within the same business enterprise may have a differing value "in continued use". A specific example may be an automotive parts manufacturer with a number of lines, where the production needs and utilization of one line is different from another, yet many of the assets in each line are identical. Consideration of this issue is particularly important to the "continued use" appraiser working in the areas of Ad Valorem taxation, income tax purchase price allocations, and Fair Value accounting. Standing alone, the M&TS appraiser may not have the information necessary to determine the variance amount based upon the level of economic support. This appraiser should work with the financial appraiser on the assignment to calculate these amounts, being attributable to economic obsolescence.; Insurance Valuations and Loss Preparedness An insurance appraisal fulfills three needs: these are independence, placement value data, and proof of loss preparedness. Differing levels and types of insurance appraisals fulfill each of these needs to differing degrees. Addressing each need in turn below: Independence: the insurance company would like to see an appraisal from act outside firm. This is somewhat obvious so that there is not fraud perpetrated by the assured. Yes some insurance companies now have their own appraisers but nasty loss situations may still occur. Placement: an independent valuation will inform the assured about the amount of insurance to carry. Such an analysis may be completed in great detail with say a+/ -10%o possible variance or in an overview manner with a +/-20% or greater variance. Be wary, just because the insurance carrier does an insurance placement value analysis, as stated before a very nasty loss situation may occur, with the insurance company denying the proper amount of insurance is carried. Proof of Loss: along with having the appropriate amount of insurance, this is the most important element of an insurance appraisal. Directly stated, if one is not prepared to prove one's loss instantly 10% of a fair settlement is gone. If not prepared this lost amount. may he 25%. The strategy is to get a balanced "fair/ equitable and timely" settlement. These thoughts are directly linked. Yes one can get a fair settlement say 5 years hence, but it is not timely. Or one can get a quick timely settlement if one accepts 75 cents on the dollar. Again, not good. One wants the fair settlement at full value in say 6-12 .months or whatever time is appropriate for the loss situation, balancing.the wishes of"fair" and "timely" is the critical concept. So let's address what is adequate Proof of Loss. The fixed asset accounting record most often is ,grossly inadequate for a loss situation. Without going into a long explanation, many fixed asset accounting systems contain data that includes intangibles in the values, non -value entries, allocated values from acquisitions, "ghost" assets, transfers in at'net book, values net of trade-ins, % value upgrades, and on ant- on. Flow diagrams help to prove ones loss. Photographs and movies / videos of specific assets and systems help. Files that have original purchase costs and descriptive detail are wonderful (but rarely are available). Engineering records may help. Sorry, but in the instance of most facilities /.operations the assured is not prepared. Oversight in this regard is strongly suggested: Why. do I say that? Because I worked for the pre-eminent "insurance lossmachineryexpert" firms (my family three generations).. No we were not "mean!', yes helping assureds as professionally / sensitively possible, but ultimately to reasonablyprove one's loss is the assured's reiRonsibilfty. Repeating. it is the assured's reaRonsibilijy to prove the loss, that is. the. essets that ate / were in place: and "in. use" and the values of the assets. Yes, for those facilities where the appraiser has had the opportunity to prepare a detailed valuation for fair value accounting the information may be very good, at that instant. This mumes that -112- physical verification of the assets in place has been completed, yes perhaps even inter -related with a "trend and bend" work effort. No, a sloppy trend and bend job will not provide adequate proof j of loss. Yes, the information must be kept up to date. The asset listings and value information S must be kept up to date either within the fixed asset accounting system or as a separate aside record, j incorporating inflation / deflation adjustments, changes in depreciation if appropriate for the policy /contract form, and of course additions or deletions. Critical property and casualty insurance thoughts: • One may rather deal with the IRS than fight an insurance battle. • Understand the insurance policy ("contract") coinsurance clause where assured shares in the settlement to the extent (say 80% usual) of the insurance that should have been carried. • The fixed asset accounting record is not adequate proof of loss. I repeat, the fixed asset accounting record is not adequate proof of loss. • Understand the difference between a Replacement Cast policy and an Actual .Cash Value policy • Replacement Cost policies are"repair or replace" often up to Actual Cash Value (a litigious issue, also considering the issues of Market Value, depreciation or betterment). • Further, if Replacement Cost, usually the insurance policy (contract) states that Actual Cash Value will be. paid until or if the covered assets are replaced (language varies per differing forms), then if replaced the full Replacement Cost is paid. • .Actual Cash Value generally considers the current cost new for the same functional utility, less physical depreciation / deterioration. But in some instances ACV is considered to mean the cost of replacing the asset at Market Value (another litigious issue), • Being unprepared to prove one's loss may prove to be extremely costly, particularly if one, had not gone through the exercise and cost of perpetually being prepared in advance. • The insurance company will not pay for betterments, meaning if you have an old Model A asset and now a Model B is only available you will not receive the settlement for a Model B loss. Check insurance contracts in this regard concerning betterments. • The insurance company may well not pay for engineering or intangible assets relating to specific tangible assets. Check the policy and/or discuss this matter with the broker. • Understand what the insurance policy says, One can under -insure as well as over -insure. A personal note. Are you prepared for a loss at your home? Do you have the proof of value and listing of the assets, or at least photos or a movie / video of the residence and the contents? Is this information somewhere else other than in your residence? All are encouraged to get prepared for an unfortunate insured event. But imagine in a loss situation how much less of a fair settlement you would receive if such data is not available. Then project this thought into your business situation. Not good? You are encouraged to cure this situation in all regards. Alex Ruden, ASA (M&TS & ARM), CG/GA, Business Valuer, is the fourth generation of his family in the appraisal / valuation business. His great grandfather was a Public Adjuster being a -113- partner in a well known Manhattan insurance district firm. Both his grandfather and father were "machinery experts" assisting staff and independent insurance adjusters -with their Foss work. Alex worked within the firm but eventually moved on into marketing and providing multi -disciplined appraisal / valuation and fixed asset accounting services for financial and tax reporting, property taxation, financing, insurance, fixed asset accounting, and so forth. - 114 - ASSUME ASSET IS 3 YEARS OLD, COST NEW THEN WAS $20,000, TECHNOLOGY ADVANCE 10'%TO NOW FROM WHEN NEW, PHYSICAL DETERIORATION 3 YEARS ON 10 YEAR LIFE THEREFORE 24% PER MARSHALL VALUATION SERVICE AGEILIFE CURVE, FUNCTIONAL OBSOLESCENCE IS 51A DUE MACHINE DESCRIPTION VALUATION DATE i$SEPTEMBER 1. 2022 USED BRIDGEPORT MODEL, VERTICAL MILL COST NEW, FOB,. ELMIRA, NY (3 YEARS AGO) $20,000 DIRECT COSTS (3 YEARS AGO) YEAR LIFE, CALCULATED AS 30% OF FREIGHT $2,000 RIGGING I MILLWRIGHT WORK $2,000 UTILITIES HOOKUP, ELECTRICAL $2,000 SALES TAX 51000 TOTAL DIRECT COSTS $7,000 INDIRECT COSTS (3 YEARS AGO) ENGINEERING / PURCHASING COMMISSIONING TOTAL INDIRECT COSTS TOTAL. DIRECT AND INDIRECT COSTS TOTAL COST (HISTORIC), AMOUNT BOOKED FOR FINANCIAL AND TAX 3 YEARS AGO ACCUMULATED DEPRECIATION, FINANCIAL REPORTING NET BOOK VALUE, FINANCIAL REPORTING NET BOOK VALUE, TAX REPORTING (MACRS, 5 TOTAL COST (REPLACEMENT COST NEW), MODEL B WOULD NOW COST 522,0000 BEING 10%3 MORE BASE, AS WELL AS DIRECT AND NDIRECT.COSTS USED MARKET (DERIVED FROM MARKET RESEARCH) EXCESS CAPITAL COST (TECHNOLOGY) PHYSICAL. DEPRECIATION FUNCTIONAL OBSOLESCENCE (APPRAISERS ESTIMATE) INSTALLATION FACTOR ABOYSARETHEA:SSMED PAC". TOOE APPLIEDMA THI&EXAMM TO DEVELOP LEVELS OF TRADE VALVE.T BELOW $500 um $1;500 $8,500 SM.= SEL "NEW" ASSET CALCULATIONS $9,550 3 YEARS AT 10%6 PER YEAR ON 10 YEAR LIFE, CALCULATED AS 30% OF 5?8"500 $19,950 CALCULATED AS $28,500.$8,550 $4,104 FROM TAXTABLE,ACCELERATED $31,350 $22,000, NOW 10%6 COST MORE BUT 10%3 ADVANCED, PLUS $8500 X 10% INSTALLED ALSO REFLECTING 10% INFLATION 112,000 COST IS F.O.B. FROM DEALER 10% COMPARED TO NEW ASSET 24% PER MVS. NOT LINEAR 5% LOST SOME TOLERANCE SINCE NEW 3 YEARS AGO 39% CALCULATED BY 511,300 INSTALLATION 61VIDCD BY S22000 COST OF THE ASSET -115- LEVELS OF TRADE. VAGUE APPLICATIONS INSURANCE PLACEMENT COST NOW (CALLED REPLACEMENT PRICE FOR INSURANCE POLICIES BUT ACTUALLY IS REPRODUCTION COST NEW, IE:, SAME PRODUCTIVE UTILITY); OR ACTUAL CASA VALUE WHICH IS ESSENTIALLY PHYSICALLY DEPRECIATED REPLACEMENT COST (CANBE OF AS BEING THE SAME FUNCTIONAL UTILITY WITHOUT BETTERMENTS AND CONSIDERING PHYSICAL DETERIORATION) PURCHASE PRICE ALLOCATION, FAIR VALUE UNDER ASC 805, IFRS 3 (ASSUMING ADEQUATE ECONOMIC SUPPORT) PURCHASE PRICE ALLOCATION, IRS, FAIR MARKET VALUE IN CONTINUED USE: (ASSUMING ADEQUATE ECONOMIC SUPPORT) MARKET VALUE, INSTALLED, MAY BE USED FOR FAIR VALUE REPORTING AS AN ALTERNATIVE TO ABOVE NOTED PURCHASE PRICE ALLOCATION FAIR VALUE OF $21,546 MARKET VALUE, REMOVAL FOR ADJUSTED BALANCE SHEET APPROACH, FINANCING. BUSINESS DISSOLUTIONS. ETC. AD VALOREM TAXATION. MARKET VALUE (CERTAIN JURISDICTIONS CONSIDERING"IN USE" INSTALLED VALUE, TREND UP HISTORICAL COST AND DEPRECIATE ON STRAIGHT LINE BASIS NOTE: MOST TAX ASSESSOR'S USE THE MVS AGE/LIFE DEPRECIATION CURVE. IF SO RATTIER THAN THERE, BEING 30% FOR 3 YEARS OF STRAIGHT LINE DEPRECIATION IT WOULD BE 24% WITH THE VALUE BEING HIGHER AT AD VALOREM TAXATION, MARKET' VALUE AS USED PLUS DEPRECIATED INSTALLATION, NOTE THIS MAY BE THE TAXPAYERS APPROACH OLV, FOR FINANCING PURPOSES OLV. FOR FINANCIAL REPORTING (BARGAIN PURCHASE) FLV, FOR FINANCING PURPOSES $28,350 RP, CALCULATED AS $211,500 X I+10%) $21,346 FOR INFLATION X (1-10%) FOR ACV EXCESS CAPITAL COST X ()-S'A) FOR FUNCTIONAL.OBSOLESC:ENCE TO DERIVE CURRENT REPLACEMENT COST OF $28,350, OR FOR ACTUAL CASH VALUE THE REPLACEMENT COST NEW OF 528,)50 LESS 24% FOR 3 YEARS OF PHYSICAL DETERIORATIN, NETMG TO $21,546 $21,546- SAME AS JUST ABOVE FOR ACTUAL CASH VALUE COVERAGE (NOTE, REDUCE FOR ECONOMIC OBSOLESCENCE IF NOT ADEQUATE ECONOMIC SUPPORT) $21.$46, AGAIN. SAME AS JUST ABOVE (NOTE, ALSO REDUCE 1F NOT ADEQUATE ECONOMIC SUPPORT 516,630 CALCULATED AS 512,000 USED MARKET VALUE+ 39% INSTALLATION FACTOR $12,000 ESTIMATE F.O.B. COST BASED UPON DEALER DISCUSSIONS. $20,790 CALCULATED AS $27,000 NET OF INDIRECTCOSTS X(1+10%)FOR INFLATION X (1.30%) FOR 3 YEARS OF STRAIGHT LINE DEPRECIATION, OR ACCORDING TO TAX TABLES (NOTE, LEVEL OF ECONOMIC SUPPORT NOT CONSIDERED, ALSO $1,900 OF INTANGIBLE ASSETS INDIRECT -COSTS IN VALUE NOT INCLUDED $16,680 CALCULATED AS $12,000 USED MARKET VALUE + 30% OF $11,000 FOR DEPRECIATED INSTALLATION $9,600 CALCULATED AS 20% LESS TI IAN $12,000 FMV $8,640 NET OF SEU.ING CQSTS OF I O% $7,200 .CALCULATED AS 605E OF S12,000 -116 - DECISION OF THE VALUE ADJUSTMENT BOARD VALUE PETITION 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. Q 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 The petitioner is: ❑ taxpayer of record © taxpayer's agent El other, explain: Property 355 PROGRESS RD address AUBURNDALE, FL 33823 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 1 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 taw (See Attached) © Recommended Decision of Special Magistrate Finding and conclusions above are recommendations. Alex Ruden Alex Ruden Signature, special magistrate Print name Date Stephanie May Stephanie May 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 (863) 534-6502 or visit our web site at https:Happs.polkcountyclerk.net/in ❑ Final Decision of the Value Adjustment Board Signature, chair, value adjustment board Print name Date of decision Signature, VAB cleric or representative Print name Date mailed to p@Eie7s -117- 2021-00208 117-2021-00208 Page 1 of 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 FAO 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 1 10,000 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 $1.0,784,272, 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 -118- 2021-00208 118-2021-00208 Page 2 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 ofAppraisers 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. _119- 2021-00208 119- 2021-00208 Page 3 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 provided as evidence by the Petitioner is as follows: 1. Executive Summary 2. Purpose of Appeal 3. Company Profile 4. Property Description 5. Reference Sources 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. 1.94.301 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 -120- 2021-00208 Page 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. I Discount for Ownership is addressed, ie. discounts applicable immediately after an asset j is purchased, and offered for sale or sold to a secondary owner (for example a newly purchased automobile immediately sold to a secondary purchaser). f 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 - Co vid-l9 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. -121- 2021-0024$ Page 5 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-1.9 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-l9 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 -122- 2021-00205 Page 6 of 7 importance, the Petitioner offers generalized statements concerning the national impact of Covid-19 on industry, as well as general information concerning Sysco (tile 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. -123- 2021-00208 Page 7 of 7 CL 00 N 0 o A o 0 o w w c a W ^ ADS O 60S G• b9 b9 b9 bs bs 69 ~ ~ N ~ 00 ° O � � k N � � � frD �s • W Ft R � UQ �, CD N O O O � 69 U 0 bs O Ge C> b9 69 0CD �' vo `" P. � W * ** CD (IQ CDCD sn C CD 0 SCD O b9 b9 7 bq b9 '3 O -h 69 00 UIQ th N �j r� �' � N w - " W ol 0 CD O CD (JQCD CD 0 O y a �N � Go) 'EAf s b9 Y C n CT O b9 t kA to O N V CD a O `C o t N o O �"' CD o', Gs * A y CD ro aCD . It ro v�y v ` CD b w ' Q O tro p CO n o O O �• W 0CD oCD ~, CSD �- C1 W o N oo UQ CD w m CD o 5' 0 0 o° � o C� o o w �" C u 00 � b CD CD C) k CD CD CD CD 'C3 0 0 Q- C� o �C A � W N NRO OQ N a Ott bs Com'' `D 0 CDo CD H CD b CD CD O �• O O. 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