Loading...
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 AC/ .7j-etle-Ar cc_ rp -‘C_R 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 H '..,'''.1'1,—,--i-' !1 ii.." 1:"a 1 ' • 1,' : a� 1' +. K' ., .. :,,,-.• � :� � ..,-,;;`,e a ,S 5 ,.^� .� :10:,,,f;. •'Y� �b'*�,;-"' -•=7;:.,.=.. ;,,,,',..+4..: ��', ti�'z,� f' { .1���h v,';. 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