Correspondence - Good Cause Late Petition #2019-00708 Patricia L. Morgan
From: J. Christopher Woolsey <yjwools@hotmail.com>
Sent: Friday, October 4, 2019 4:26 PM
To: value adjustment board
Cc: Lorraine Lagana;Jay Wood; Annabel Ybaceta
Subject: Petition 2019-00708 - Shinn
Attachments: Petition 2019-00708 Request for Full Board Review with Exhibit.pdf
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Good afternoon Ms. Kinzel,
Please see the attached communication.
Thank you and have a good weekend,
Chris Woolsey
J. Christopher Woolsey
Wood & Stuart, P.A.
P.O. Box 1987
Bunnell, FL 32110
386 437 9400
Virus-free. www.avq.com
1
Wood & Stuart, P.A.
Attorneys at Law P.O. Box 1987
Bunnell, FL 32110
Gaylord A. Wood, Jr. Telephone (386) 437-9400
B. Jordan Stuart (1943-2016) Fax: (386) 437-9414
J. Christopher Woolsey
October 4, 2019
Ms. Crystal K. Kinzel, Clerk
Collier County Value Adjustment Board
3299 Tamiami Trail E, Suite 401
Naples, FL 34112
VIA EMAIL ONLY: vabclerk@collierclerk.com
Re: Shinn, Petition 2019-00708, Request for Full Board Review and
Clarification.
Dear Ms. Kinzel:
Our firm represents Abe Skinner, as Collier County Property
Appraiser. We are in receipt of a Clerk's Notice for the Petition listed above,
granting good cause for a late-filed petition. The Property Appraiser respectfully
requests that the full Value Adjustment Board ("VAB") to review its decision and
provide clarification on one part of the decision.
The Petitioner sought to apply for the Senior Exemption after the
September 13, 2019 deadline for late filing. The Petitioner late-filed this
petition with the VAB on October 2, 2019. Upon the insistence of the VAB
Attorney, the Property Appraiser's office created a Notice of Pending Exemption
Application, and submitted it to the VAB. Copy Attached. The VAB Attorney
found good cause for accepting the late petition.
The VAB Counsel concludes the"Explanation" portion of the decision with
the following paragraph:
Counsel Will note, additionally, that the PAO is placing the onus on rhe
VAB to rnake decisions on the good cause of a VAB petition. prior to
considering late filed applications with the PAO. This is wholly
improper and unlawful behavior. The PAO must operate
independently ofthe VAB and should not base PAO operations on
VAB good cause decisions and activities.
Applications for exemption must be filed by March 1. Section 196.011(a),
Florida Statutes. See also Rule 12D-7.001(2), Florida Administrative Code.
Pursuant to Section 196.011(8), Florida Statutes, the Property Appraiser's office
Page 2 of 2
accepts late-file applications for exemptions from any applicant, up to or on the
25th day following the mailing by the property appraiser of the notices required
under s. 194.011(1), Florida Statutes. After that date, the Property Appraiser's
office does not accept applications. That policy has been in place for many years
and was followed in this case.
Section 196.011(8), Florida Statutes applies the same deadline for filing
petitions to the VAB. Rule 12D-9.015(14) of the Florida Administrative Code
applies the late-file responsibilities to the VAB, yet it is silent as to applicability
to the Property Appraiser. Until the VAB makes its determination of good cause,
the Property Appraiser is constrained by Section 196.011(8), Florida Statutes
and cannot accept applications after the deadline established therein.
The Property Appraiser contends that it is the Department of Revenue,
via Rule 12D-9.015(14), F.A.C. which placed the onus on the VAB to make
decisions as to good cause for late filing VAB petitions, not his office. With that
in mind, Mr. Skinner respectfully requests that the full board review its decision,
and clarify its statement cited above with a full explanation of exactly how his
office is behaving improperly or unlawfully in this case or others in which this
policy is followed.
Thank you for your attention to this matter.
Very truly yours,
“I21Y-----
3. Christopher Woolsey
For the firm.
cc: Annabel Ybaceta
Abe Skinner
Enc.
COLLIER COUNTY PROPERTY APPRAISER
to
?s SKINNER, CFA
Parcel # RYI-3 Don (f ?s
Date: 1( ` 7 //
ARE. `3 K 1 N N F R Entered By:
Applicant/Co-applicant Nameland Address: Legal Description: Snte4 C w �J SdCU �L 1, r
77541 bduo /7)
y/ 0 ? 65)td,o, T / 51.
NOTICE OF PENDING EXEMPTION APPLICATION
Your application for homestead or other personal exemption has not been completed. To complete the
application we require the following information listed below:
•
CA-U) l S16 - ov r Ct,<� HD AL-C-L.,v-a (z -),6
Sekkti L C / r C_.�-1�L%ti� �-� T a,
Li-11.4-4_24-a__11-26--1}c, 04_ C, S
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t 'n C� � 9-c GAP .17b-)1 �0 G' ik- C_ v�
tYJt4L' 6c)(4,-1 .0
If the above listed information is not received prior to the final filing date of March 1st, please consider this application
denied. A petition may be filed with the Clerk of the Courts or reapplication may be made at a future date.
THIS WILL BE YOUR ONLY REMINDER
3950 Radio Rd.,Naples, Florida 34104-3750 (239)252-8141 Fax(239)252-2071
www.collierappraiser.com
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Administrator Version Current(her:JENCEARL
' O Name Screen 09!21!2018 ---..-
Folio: 61130840001 Flag: 0 AppType: NEW Date:
MI Owner 1
O Docs Req. Year; —jOID File Type: PRE FILE Status: REPLACED Entered by: KARACONN
0 Pending — — _J
❑Exemptions
—Owner 1 -Required Documentfs)and/or Information Missing- ----,
rAdditional Requirements: -- _
Fi.,› I 17 Additional Documentf s)and/or inffoo_rmm� n Required
WE ARE NOT TAKEiGALATE HOMESTEAD APPLICATION UNLESS A GOOD CAUSE LATE
PETITION IS GRANTED BY THE VALUE ADJUSTMENT BOARD. PER JE
I
Delete I Edit I Print J < Back I Next) I Finish I'
10/29/18 02:29:57 PM
Jennifer C. Earle
111E
IX
VALUE ADJUSTMENT BOARD DR-4850 CN/17
CLERK'S NOTICE Rule 120-16.002
F,A,C,
y Effective 01/17
FLORIDA Collier
CUUrtt
To SHINN, CAROL J From Crystal K. Kinzel, Clerk
7754 EMERALD CIR #104 Clerk, Value Adjustment Board
Address Value Adjustment Board
NAPLES, FL 34109 3299 Tamiami Trail E,Ste 401
Naples,FL 34112
Petition #2019-00708 Phone 239-252-7240
Representative# Email vabclerk@collierclerk.corn
This notice will inform the parties of the following action taken on the petition.
❑ You have 10 days to complete the petition and return it to the value adjustment board. (Rule 120-9.015(9), F.A.C.)
❑ The petition will not be set for hearing because it was not completed and filed as specified in the previous clerk's
notice. (Rule 12D-9.015(9), F.A.C.)
• The board found good cause for your failure to file your petition on time. The clerk will schedule a hearing by
separate notice (Rule 12D-9.015(11), F A.C.)
❑ The board did not find good cause for your failure to file your petition on time Your petition will not be scheduled for
hearing (Rule 12D-9.015(11), F.A.C.)
❑ Your petition was returned. There was no filing fee included with the petition.
❑ We received duplicate petitions for this property. The VAB is trying to resolve this issue Please contact the clerk
when you receive this notice.
❑ The property appraiser has produced a revised assessment after remand (attached). If you do not agree with the
revised assessment, you have the right to present additional evidence at a continuation hearing. You must notify
the VAB clerk and request a continuation hearing within 25 days of the date of this notice. (Rule 120-9.029, F.A.C.)
❑ The board found good cause to reschedule your hearing. Your new hearing date will be sent to you.
❑The board did not find good cause to reschedule your hearing. Your hearing will be held on
at
❑ Other, specify
Certificate of Service _I certify a true copy was served by US mail or the method Q petitioner SHINN, CAROL J
requested on the petitioner's form on ❑ other
❑ A copy was provided to the property appraiser
Crystal K. Kinzel, Clerk 10/03/2019
Signature, deputy clerk Date
2019-00708 Page 1 of 2
Good Cause Late File Review Form - Collier 2019-708.pdf
Collier County VAB — Late File/Good Cause Review - 2019
Petition Number 20I9-00708
Filing Date 10/2/19
Review Date 10/3/19
Accept/Reject Accept
Explanation This petition was dated and received on 10/2/19. The deadline for
filing petitions in Collier County was 9/13/19, therefore this petition is
untimely tiled and petitioner must submit a good cause statement in
order for this petition to be considered for acceptance. Petitioner
submitted a good cause statement. stating that petitioner has a series of
issues which prevented her from tending to the filing of'this petition, to
include hospitalizations. euthanizing a pet and mental issues. As a
normal course of review, VAB Counsel will request further
information with regards to dates of certain instances. however, VAB
Administration has confirmed petitioner's condition and advised that
petitioner is noticeably impaired. Pursuant to F.A.C. 12D-
9.015(14)(a)(I) "Personal, family, or business crisis or emergency at a
critical time or for an extended period of time that would cause a
reasonable person's attention to be diverted from filing,'' and F.A.C.
I 2D-9.015(14)(a)(2) "Physical or mental illness, infirmity, or disability
that would reasonably affect the petitioner's ability to timely file,"
good cause has been shown and this petition should be accepted. VAR
Counsel will note, additionally, that the PAO is placing the onus on the
VAB to make decisions on the good cause of a VAB petition. prior to
considering late tiled applications with the PAO. This is wholly
improper and unlawful behavior. The PAO must operate
independently of the VAB and should not base PAO operations on
VAB good cause decisions and activities.
2019-00708 Page 2 of 2