VAB Backup Documents 02/10/2020 Item # 4 '11/70/Zrc
My significant other, Kay Mitschele, is with me today as at the October 11th hearing. She has
Parkinson's disease, of which one symptom is loss of balance resulting in frequent falls (Now several
times a week). She cannot live alone and I am happy to have been with her since the middle of 2017
after losing my wife to cancer in 2014.
We have been staying primarily at her house in Southeast Naples, 13 miles from my home in Marco
Island since then but she is selling her house for financial reasons and we are moving to mine and plan
to remain there as long as we are able. She is 80 and I am 83 and in good health.
I am appealing denial of Homestead exemption which was based on the presumption that I had
"Abandoned"my property to live elsewhere. I contend that I have not abandoned my home at 742
Nautilus Court,Marco Island,Florida.
I have to admit that I made some serious mistakes that led to my being here today. The first was to have
my mail forwarded to Kay's home. That turned out to be unnecessary since I don't get much mail of any
importance and am at my home often enough to get it within a few days. Forwarding resulted in my
Homestead exemption receipts sent out in January to be returned.
The second was that I had the misfortune of having the 10 year expiration of my drivers license on my
birthday in October 2018 and gave them Kay's address which I didn't know at the time led to automatic
changes on my auto and boat registration and voter registration. These changes resulted in denial of
my homestead exemption for the 2020 tax year. The voter registration also prevented me voting for a
friend and neighbor that was running for City Counsel. It is now back to my precinct on Marco Island.
In her Denial recommendation letter under"Conclusions of Law"The Magistrate cites Section
196.012(17), Fla. Stat. Which I had cited in my defense at the hearing in November.
"Permanent residence" is defined as "That place where a person has his or her true, fixed, and
permanent and principal establishment to which,whenever absent, he or she has the
intention of returning." I have always had that intention.
At the hearing, I stated that the property in question was purchased in 1984 and since moving there in
1992 it is the only property anywhere that I have any financial interest in and I intend to leave it to my
only children,two daughters. I am not a snowbird like many of my neighbors that are up north in their
other home for half the year but are in residence in January when the Homestead receipt with the"Do
not forward. Return to sender." stamp on it arrives.
Not included in the magistrate's letter was a discussion about Kay's decision to sell her house in Treviso
Bay and move permanently to my house in Marco Island. It was in question whether or not that
decision was prompted by my denial of Homestead Exemption.A copy of a document informing me of
that denial was projected on a screen. That was the first and only time that I have seen it. They said it
was mailed to me on May 17,2019. I did not find out about the denial until I received my"Notice of
Proposed Taxes"in August 2019 and saw that they had gone up by more than double the year before.
We since checked and determined that Kay's house was listed for sale on May 1"2019. So, even if I
had received the May 17 notice,the decision had already been made. We have been moving her
belongings since then so that she already has much more of her things in my house than I have in hers.
All I have ever had there is one suitcase load of clothes. Everything else I own remains at 742 Nautilus
Court except my car and laptop computer when I am at Kay's house.
Clarification on the Magistrate's report:
The Magistrate wrote "In January 2018,petitioner called the PAO and spoke with an unknown
individual about his situation. He was told that he was fine."
That phone call was actually made sometime around March 2018, perhaps a month after I had
returned the questionnaire which they sent me so metime after my homestead receipt had been returned
to them. I had filled it out explaining my situation and returned it. In the phone call I asked if they had
sent a reply and she said"We don't send replies but you are fine." I filled out another one in 2019 but
didn't call them because I was expecting the same result.
The Magistrate also wrote "Petitioner stays overnight at his home with his family when they visit."
I believe I said"We stay there." I meant Kay and I stay there. It sounds like I abandon Kay to be with
my family when they visit(about 6 weeks a year).
She also wrote"Maintains food and beverages in the refrigerator for his personal use." Kay goes there
with me frequently and sometimes we stay overnight. We keep a supply of both of our medications
there. We also both go to Marco Island for Doctor's appointments.