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ED CRAPO, AS PROPERTY APPRAISER OF ALACHUA COUNTY, FLORIDA, ERVIN A. HIGGS, AS PROPERTY APPRAISER OF MONROE COUNTY, FLORIDA, TIMOTHY "PETE" SMITH, AS PROPERTY APPRAISER OF OKALOOSA COUNTY, FLORIDA vs LISA ECHEVERRI, EXECUTIVE DIRECTOR OF THE FLORIDA DEPARTMENT OF REVENUE, 11-001080RU (2011)

Court: Division of Administrative Hearings, Florida Number: 11-001080RU Visitors: 13
Petitioner: ED CRAPO, AS PROPERTY APPRAISER OF ALACHUA COUNTY, FLORIDA, ERVIN A. HIGGS, AS PROPERTY APPRAISER OF MONROE COUNTY, FLORIDA, TIMOTHY "PETE" SMITH, AS PROPERTY APPRAISER OF OKALOOSA COUNTY, FLORIDA
Respondent: LISA ECHEVERRI, EXECUTIVE DIRECTOR OF THE FLORIDA DEPARTMENT OF REVENUE
Judges: EDWARD T. BAUER
Agency: Department of Revenue
Locations: Tallahassee, Florida
Filed: Feb. 28, 2011
Status: Closed
DOAH Final Order on Wednesday, June 22, 2011.

Latest Update: May 08, 2012
Summary: The issues in this case are: (1) whether portions of Florida Administrative Code Rules 12D-9.020 and 12D-9.025 constitute invalid exercises of delegated legislative authority; (2) whether sections of Modules Four and Six of the 2010 Value Adjustment Board Training are unpromulgated rules; and (3) whether Property Tax Oversight Bulletin 11-01 is an unpromulgated rule.To the extent that rule 12D-9.020 provides that taxpayers are under no obligation to disclose their evidence prior to VAB hearings,
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11001080 MANDATE



JON S. WHEELER CLERK OF THE COURT

DISTRICT COURT OF APPEAL

,wn s2

FIRST DISTRICT

STATE oF FLORIDA 2012 12 A 11:

TALLAHASSEE, FLORIDA 32399-0950


April 11, 2012


(850) 488-6151


Claudia Llado, Clerk Division Of Admin. Hearings 1230 Apalachee Parkway Desoto Bldg.

Tallahassee, FL 32399-3060


RE: Ed Crapo, as Property Appraiser etc. et al.

Docket No: lDll-3829

v. Florida Department of Revenue et al.

Lower Tribunal Case No.: 11-0677RU, 1l-1080RU


Dear Ms. Llado:


;-,/.

I have been directed by the court to issue the attached mandate in the above-styled cause. It is enclosed with a certified copy of this Court's opinion.


Yours truly,


Jon S. ¥/heeler Clerk of the Court


JSW/se

Enclosures

c: (letter and mandate only) Robert J. Telfer, I I I Loren E. Levy

Marshall C. Stranburg, G.

C.

William D. Shepherd Carrol Y. Cherry, A.A.G. Joseph C. Mellichamp, I I I,A.A.G.


John C. Dent, Jr. Thomas M. Findley Thomas W. Logue

E. Gary Early

Timothy E. Dennis, A. A.

G.

Grady H. Williams, Jr.


Ana C. Torres Jennifer A. Mcclain Robert I. Scanlan Jeffrey M. Clyman Victoria L. Weber


M A N D A T

From lBJZ , PR 12 A II: 52

DISTRICT COURT OF APPEAL OF FLORIDA FIRST DISTRICT


To Edward T. Baker, Division of Administrative Hearings WHEREAS, in the certain cause filed in this Court styled:



ED CRAPO, AS PROPERTY APPRAISER ETC.ET AL.


Case No: lDll-3829


v. Lower Tribunal Case No: ll-0677RU, 11-

lOS0RU


FLORIDA DEPARTMENT OF REVENUE ET AL.


The attached opinion was issued on March 26, 2012.

YOU ARE HEREBY COMMANDED that further proceedings, if required, be had in accordance with said opinion, the rules of Court, and the laws of the State of Florida.

WITNESS the Honorable Robert T. Benton, II, Chief Judge

of the District Court of Appeal of Florida, First District,

and the Seal of said Court done at Tallahassee, Florida, on this 11th day of April 2012.

( Clerk

Disttict Court of Appeal of F101ida, First Disttict



IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA


ED CRAPO, AS PROPERTY APPRAISER OF ALACHUA COUNTY, FLORIDA, ERVIN A. HIGGS, FORMER PROPERTY APPRAISER OF MONROE COUNTY, FLORIDA, NOW KARL BORGLUM, AS PROPERTY APPRAISER OF MONROE COUNTY, FLORIDA, and TIMOTHY "PETE" SMITH, AS PROPERTY APPRAISER OF OKALOOSA COUNTY, FLORIDA, THE PROPERTY APPRAISERS' ASSOCIATION OF FLORIDA, INC. AND FLORIDA ASSOCIATION OF PROPERTY APPRAISERS,

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED


CASE NO. IDI 1-3829


                                    _.....""""=..".":·:':"':··-----···

ICERTIFY THE ABOV

TOGEATR


JON S. WHEELER

ERK DISTRICT COURT OF

APPEAL, FIRST DISTRICT


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,_,

.......

Appellants,


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DEPARTMENT OF REVENUE, ROB TURNER, AS HILLSBOROUGH COUNTY PROPERTY APPRAISER, and ROGER A. SUGGS, AS CLAY COUNTY PROPERTY APPRAISER, FLORIDA ASSOCIATION OF PROPERTY APPRAISERS, GARY R. NIKOLITS, AS PALM BEACH COUNTY PROPERTY APPRAISER, ET AL., DEPARTMENT OF REVENUE, AND FLORIDA UNITED TAX

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-


Ul


MANAGERS, ASSOCIATION (FTMA) and LISA ECHEVERRI, EXECUTIVE DIRECTOR OF THE FLORIDA DEPARTMENT OF REVENUE,


Appellee.


                                                      I


Opinion filed March 26, 2012.


An appeal from an order of the Division of Administrative Hearings. Edward T. Baker, Judge.


John C. Dent, Jr., and Jennifer A. McClain of Dent & McClain, Chartered, Sarasota, for Appellants Ed Crapo, Ervin A. Higgs (now Karl Borglum), and Timothy "Pete" Smith; and Loren E. Levy and Ana C. Torres of The Levy Law Firm, Tallahassee, for Appellant The Property Appraisers' Association of Florida, Inc.


R. A. Cuevas, Jr., Miami-Dade County Attorney and Thomas W. Logue, Assistant County Attorney, Miami, for Amicus Curiae Pedro J. Garcia, as Property Appraiser of Miami-Dade County.


Pamela Jo Bondi, Attorney General, and Joseph C. Mellichamp, III, Timothy E. Dennis, and Carrol Y. Cherry, Assistant Attorneys General, Tallahassee, for Appellee Department of Revenue; Robert I. Scanlan, Juno Beach, and Victoria L. Weber of Hopping, Green & Sams, Tallahassee, for Appellee, Florida United Tax Managers Association; Jeffrey M. Clyman, General Counsel, West Palm Beach, for Appellee, Gary Nikolits, Palm Beach County Propery Appraiser; William D. Shepherd, General Counsel, Tampa, for Appellee Hillsborough County Property Appraiser; and Thomas M. Findley, Robert J. Telfer, and E. Gary Early of Messer, Caparello & Self, Tallahassee, for Appellee, Florida Association of Property Appraisers.


2

..


PERCURIAM.


AFFIRMED.


ROBERTS, CLARK, and SWANSON, JJ., CONCUR.


3


Docket for Case No: 11-001080RU
Issue Date Proceedings
May 08, 2012 Transmittal letter from Claudia Llado forwarding the one-volume Transcript, along with depositions and exhibits, to the agency.
Apr. 18, 2012 Joint Notice of Withdrawal of Motions for Attorneys Fees (filed in Case No. 11-001080RU).
Apr. 18, 2012 Joint Notice of Withdrawal of Motions for Attorneys Fees filed.
Apr. 12, 2012 Mandate (11-0677) filed.
Apr. 12, 2012 Mandate (11-1080) filed.
Mar. 27, 2012 Opinion (Per Curiam Affirmed in 11-0677RU) filed.
Mar. 27, 2012 Opinion (Per Curiam Affirmed) filed.
Jan. 31, 2012 BY ORDER OF THE COURT: Notice of Oral Argument filed.
Dec. 29, 2011 BY ORDER OF THE COURT: Appellant's motion for extension of time for service of the reply brief is granted. Appellant's reply brief shall be served on or before January 13, 2012.
Dec. 09, 2011 BY ORDER OF THE COURT: The show cause order of November 23, 2011, is hereby dismissed filed.
Nov. 28, 2011 BY ORDER OF THE COURT: Within 20 days from the date of this order, Appellant shall ensure the filing of the record or show cause why this appeal should not be dismissed filed.
Nov. 07, 2011 BY ORDER OF THE COURT: The unopposed motion to appear as amicus curiae in support of appellants, filed November 2, 2011, is granted filed.
Nov. 04, 2011 Index, Record, and Certificate of Record sent to the First District Court of Appeal.
Nov. 03, 2011 BY ORDER OF THE COURT: Appellee's motion filed October 28, 2011, is granted. The answer brief shall be filed on or before December 7, 2011 filed.
Nov. 02, 2011 Amended Index (of the Record) sent to the parties of record.
Oct. 13, 2011 BY ORDER OF THE COURT: The motion for leave to fine notice of joinder in appeal, filed September 22, 2011, is denied as unnecessary filed.
Oct. 11, 2011 BY ORDER OF THE COURT: Appellee's motion filed October 5, 2011, is granted. The answer brief shall be filed on or before November 16, 2011 filed.
Oct. 06, 2011 BY ORDER OF THE COURT: The motion for consolidation filed on September 13, 2011, is granted filed.
Aug. 18, 2011 Invoice for the record on appeal mailed. (DOAH CASE No. 11-0677)
Aug. 18, 2011 Index (of the Record) sent to the parties of record. (DOAH CASE NO. 11-0677)
Aug. 17, 2011 Invoice for the record on appeal mailed. (DOAH CASE NO. 11-1080)
Aug. 17, 2011 Index (of the Record) sent to the parties of record. (DOAH CASE NO. 11-1080)
Jul. 27, 2011 BY ORDER OF THE COURT: appellant failed to tender the required $300 filing fee filed.
Jul. 27, 2011 Respondent Florida Department of Revenue's Response in Opposition to Petitioner Turner's Motion for Attorneys Fees filed.
Jul. 22, 2011 Notice of Appearance (Jeffrey Dikman) (filed in Case No. 11-001080RU).
Jul. 22, 2011 Respondent, Florida Department of Revenue's Motion for Attorney's Fees and Costs filed.
Jul. 22, 2011 Acknowledgment of New Case, First DCA Case No. 1D11-3848 filed.
Jul. 22, 2011 Acknowledgment of New Case, First DCA Case No. 1D11-3829 filed.
Jul. 20, 2011 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
Jul. 20, 2011 Turner's Notice of Appeal filed.
Jul. 20, 2011 Motion for Attorney's Fees filed.
Jul. 19, 2011 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
Jul. 19, 2011 Notice of Appeal filed.
Jun. 22, 2011 Summary Final Order (hearing held May 11, 2011) CASE CLOSED.
May 26, 2011 Respondent Department of Revenue's Proposed Summary Final Order (on CD) filed.
May 26, 2011 Joinder of Co-Petitioner and Intervenor Roger A. Suggs, Clay County Property Appraiser, filed.
May 26, 2011 Corrected Proposed Summary Final Order filed.
May 25, 2011 (FUTMA's) Proposed Summary Final Order filed.
May 25, 2011 Respondent, Department of Revenue's Proposed Summary Final Order filed.
May 25, 2011 (Petitioner`s Proposed) Final Order filed.
May 25, 2011 Notice of Filing (Petitioner's) Proposed Final Order.
May 25, 2011 Florida Association of Property Appraisers' Proposed Final Order filed.
May 16, 2011 Transcript of Proceedings (not available for viewing) filed.
May 11, 2011 CASE STATUS: Hearing Held.
May 11, 2011 Joint Pre-hearing Stipulation filed.
May 11, 2011 Respondent, Department of Revenue's Motion for Official Recognition filed.
May 11, 2011 Notice of Appearance (of J. Dikman) filed.
May 06, 2011 Reply Brief filed.
May 05, 2011 Response of Co-Petitioner and Intervenor Roger A. Suggs, filed.
May 05, 2011 Memorandum of Florida United Tax Managers Association in Support of Respondent's Motion for Final Summary Order filed.
May 04, 2011 Intervenor, Sara Cucchi's, Response to Petitioner, Rob Turner's, Memorandum in Support of His Motion for Final Summary Judgment filed.
May 04, 2011 Petitioner Rob Turner's Reply Memorandum filed.
May 04, 2011 The Property Appraisers' Association of Florida, Inc.'s Notice of Filing Recommended Decisions filed.
May 04, 2011 The Property Appraisers' Association of Florida, Inc.'s Reply Brief filed.
May 04, 2011 Respondent, Department of Revenue's Reply to Petitioners-Intervenors' Motions for Summary Final Order filed.
Apr. 28, 2011 Notice of Filing.
Apr. 28, 2011 Appendix to the Property Appraisers' Association of Florida, Inc.'s Motion for Summary Final Order filed.
Apr. 27, 2011 Trial Brief filed.
Apr. 27, 2011 The Property Appraisers' Association of Florida, Inc.'s Motion for Summary Final Order filed.
Apr. 27, 2011 Respondent, Department of Revenue's Motion for Summary Final Order and Memorandum of Law filed.
Apr. 27, 2011 Exhibits to Memorandum of Intervenor Sara Cucchi in Support of Motion for Final Summary Judgment filed.
Apr. 27, 2011 Memorandum of Intervenor Sara Cucchi in Support of Department of Revenue's Motion for Final Summary Judgment filed.
Apr. 27, 2011 Motion for Summary Final Order filed.
Apr. 27, 2011 Brief in Support of Respondent's Motion for Final Summary Order filed.
Apr. 27, 2011 Amicus Curiae Pedro J. Garcia's Memorandum of Law in Support of Petitioners Turner, et. al. Motions for Summary Judgment filed.
Apr. 27, 2011 Turner's Motion for Final Summary Judgment and Memorandum in Support Thereof filed.
Apr. 27, 2011 Palm Beach County Property Appraiser's Memorandum of Law in Support of Petition filed.
Apr. 25, 2011 Notice of Filing (Turner's Response to Request for Production of Documents
Apr. 25, 2011 Undeliverable envelope returned from the Post Office. (Address has been corrected and this envelope remailed 4/26/11)
Apr. 21, 2011 Turner's Amendment to Petition filed.
Apr. 20, 2011 Order Granting Sara E. Cucchi`s Petition for Leave to Intervene.
Apr. 20, 2011 Order Granting Motion to Amend Petition.
Apr. 20, 2011 The Property Appraisers' Association of Florida's Response in Opposition to Florida United filed.
Apr. 20, 2011 Respondent's Response to Sara E. Cucchi's Amended Petition for Leave to Intervene filed.
Apr. 19, 2011 Undeliverable envelope returned from the Post Office.(Address corrected in CMS and envelope remailed 4/25/11)
Apr. 19, 2011 Respondent's Sara E. Cucchi's Amended Petition for Leave to Intervene filed.
Apr. 18, 2011 Turner's Motion to Amend Petition filed.
Apr. 18, 2011 Turner's Amended Objection to Cucchi's Motion to Intervene filed.
Apr. 18, 2011 Notice of Continued Deposition of Stephen Keller filed.
Apr. 15, 2011 Undeliverable envelope returned from the Post Office.( Address corrected in CMS and remailed 4/25/11)
Apr. 15, 2011 Florida United Tax Managers Association's Motion to Strike Rule Challenge Filed by Intervenor filed.
Apr. 14, 2011 Objection to Florida United Tax Managers Association's Motion to Strike filed.
Apr. 14, 2011 Turner's Objection to Cucchi's Motion to Intervene filed.
Apr. 14, 2011 Order Modifying Briefing Schedule.
Apr. 13, 2011 Florida United Tax Managers Association's Motion to Strike Rule Challenge by Intervenor filed.
Apr. 13, 2011 Sara E. Cucchi's Amended Petition for Leave to Intervene filed.
Apr. 13, 2011 Notice of Voluntary Dismissal of Petition for Leave to Intervene filed.
Apr. 12, 2011 Sara E. Cucchi's Petition for Leave to Intervene filed.
Apr. 12, 2011 Notice of Continued Deposition of Stephen Keller filed.
Apr. 12, 2011 CASE STATUS: Pre-Hearing Conference Held.
Apr. 11, 2011 Respondent's Response to Motion for Status Conference filed.
Apr. 08, 2011 Order Granting Florida United Tax Managers Association's Petition for Leave to Intervene.
Apr. 05, 2011 Response in Opposition to Florida United Tax Managers Association's Petition for Leave to Intervene filed.
Apr. 04, 2011 Notice of Taking Deposition (of S. Keller) filed.
Apr. 04, 2011 Response to Expedited Request to Produce filed.
Apr. 04, 2011 Turner's Response to Request for Production of Documents filed.
Apr. 01, 2011 Amended Order Granting Petition to Intervene (Clay County Property Appraiser, Roger A. Suggs; Florida Association of Property Appraisers; Palm Beach County Property Appraiser, Gary R. Nikolits; and Property Appraisers' Association of Florida).
Mar. 31, 2011 Notice of Taking Deposition (of T. Wilmath) filed.
Mar. 30, 2011 Respondent?s Request for Production of Documents filed.
Mar. 30, 2011 Respondent?s First Set of Written Interrogatories filed.
Mar. 29, 2011 Expedited Request to Produce filed.
Mar. 29, 2011 Florida United Tax Managers Association's Petition for Leave to Intervene filed.
Mar. 28, 2011 Motion for Status Conference (filed in Case No. 11-001080RU).
Mar. 21, 2011 Order on Petition for Leave to Serve as Amicus Curiae (granting Petition of Pedro J. Garcia, the Property Appriaser of Miami-Dade County, for Leave to Serve as Amicus Curiae).
Mar. 18, 2011 Order Granting Petition to Intervene (Clay County Property Appraiser, Roger A. Suggs; Florida Associatoin of Property Appraisers; Palm Beach County Property Appraiser, Gary R. Nikolits and Property Appraisers' Association of Florida).
Mar. 14, 2011 Petition of Pedro J. Garcia, the Property Appraiser of Miami-Dade County, for Leave to Serve as Amicus Curiae filed.
Mar. 11, 2011 The Property Appraisers' Association of Florida's Petition for Leave to Intervene filed.
Mar. 11, 2011 Notice of Appearance (on behalf of the Property Appraisers' Association of Florida by Loren Levy) filed.
Mar. 09, 2011 Order of Consolidation (DOAH Case Nos. 11-0677RU and 11-1080RU).
Mar. 09, 2011 Notice of Transfer.
Mar. 04, 2011 Joint Motion to Transfer and Consolidate filed.
Mar. 03, 2011 Notice of Appearance (of C. Cherry) filed.
Mar. 03, 2011 Order of Pre-hearing Instructions.
Mar. 03, 2011 Notice of Hearing (hearing set for March 16, 2011; 9:30 a.m.; Tallahassee, FL).
Mar. 02, 2011 Order of Assignment.
Mar. 01, 2011 Rule Challenge transmittal letter to Liz Cloud from Claudia Llado copying Scott Boyd and the Agency General Counsel.
Feb. 28, 2011 Petition filed.

Orders for Case No: 11-001080RU
Issue Date Document Summary
Mar. 26, 2012 Opinion
Mar. 26, 2012 Opinion
Mar. 26, 2012 Mandate
Mar. 26, 2012 Mandate
Jun. 22, 2011 DOAH Final Order To the extent that rule 12D-9.020 provides that taxpayers are under no obligation to disclose their evidence prior to VAB hearings, the rule contravenes section 194.011(4)(a). 2010 VAB Training and PTO Bulletin 11-01 do not constitute unadopted rules.
Source:  Florida - Division of Administrative Hearings

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