1. As of January L,20L4,legaI title to the Subject Property was vested in The

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1 Filing # Electronically Filed 12112/ :27:51 PM IN THE CiRCUIT COURT OF TI-IE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA CNIL DIVISION BETH E. SEARS, as Successor Trustee of The Errickson Family Trust, Plaintiff, Case No.: 2014-CA vs. Division: ob MARSHA M. FAUX, as Property Appraiser; IOE G. TEDDER, Tax Collector and MARSHALL STRANBURG as Executive Director of the Florida Department of Revenue, COMPLAINT Plaintiff, BETH E. SEARS, as Successor Trustee, sues Defendants MARSHA M. FAUX, as Property Appraiser of Polk County, Florida ("Appraiser"), JOE G. TEDDER as Tax Collector of Polk County, Florida ("Co11ector") and MARSHALL STRANBURG ("Stranburg") as the Executive Director of the Florida Department of Revenue, and alleges: Allegations Common to All Counts 1. As of January L,20L4,legaI title to the Subject Property was vested in The Errickson Family Trust, Plaintiff BETH E. SEARS is Successor Trustee of The Errickson Family Trust. 2. Appraiser is sued herein in her official capacity and is a necessary party to the action pursuant to section ,(2), Florida Statutes.

2 3. Collector is sued herein in his official capacity and is a necessary party to the action pursuant to section ,(3), Florida Statutes. 4. De{endant Stranburg is sued in his official capacity as Executive Director of the Florida Department of Revenue and is a necess ary party to this action pursuant to section ,(5), Florida Statutes. 5. The property which is the subject of this action is located in Polk County, Florida, and identified as Account No , hereinafter referred to as the "Subject Property." 6. Plaintiff has paid the taxes which have been assessed in full, pursuant to section ,(3), Florida Statutes. A copy of the receipt is attached hereto as Plaintiff's Exhibit "A." 7. Plaintiff has performed all conditions precedent which are required to be performed by Plaintiff in establishing the right to bring this action. Specifically, this action has been filed within the time period prescribed by section '(2), Florida Statutes. Count I 8. The allegations contained in paragraphs 1 through 7 are hereby incorporated as if specifically set forth in full and realleged herein. 9. This is an action for declaratory relief concerning a tax assessment and subject matter jurisdiction is predicated upon Chapter 86, Florida Statutes, and section , Florida Statutes.

3 10. On January L,201.4, Harry J. Errickson was in fact residing on the Subject Property and using it as his permanent residence. Mr. Errickson was a trust beneficiary of The Errickson Family Trust and had a beneficial interest and the right to use the Subject Property allowing him to reside there and make the same his permanent residence. 11,. A timely application for homestead exemption was filed Ior the tax year. 12. Appraiser denied the application for homestead exemption on the basis of section (5), Florida statutes, because Mr. Errickson's wife owns real property in Ohio (the "Ohio property") and receives the benefits of an exemption or credit based on her permanent residency in Ohio. 13. At all material times hereto, title to the Ohio property was vested exclusively in Mr. Errickson's wife. Mr. Errickson otherwise disclaimed any interest in the Ohio property through an antenuptial agreement dated August 22, ,4. For tax year 20!4, Plaintiff was entitled to have the Subject Property classified as homestead property for ad valorem tax purposes. 15. Plaintiff is in doubt as to her rights and obligations with respect to the 2014 classification of the Subject Property. There is an actual, present, adverse and bona fide controversy as to the classification for 201,4 and the resulting assessment and a practical need for a declaration to resolve the dispute. 16, Plaintiff requests a speedy hearing in this action in accordance with section 86.11L, Florida Statutes.

4 WHEREFORE, Plaintiff demands that this Court take jurisdiction over this cause and the parties hereto; enter an order directing that the Subject Property be classified as homestead and reassessed in accordance with its classified use; and further, that this Court enter an order directing Collector to cancel the original bill and issue a new tax bill in said reassessed. amoun! and finally, to award Plaintiff her costs incurred in bringing this action pursuant to section , Florida Statutes, and award such other general relief as may be just and equitable. Count II LT. The allegations contained in paragraphs 1 through 7 are hereby incorporated as if specifically set forth in full and realleged herein. 18. This is an action to contest an ad valorem tax assessment for the tax year 2014 and this Court has jurisdiction pursuant to Chapter 194, Florida Statutes, and article V, sections 5 and 20 of the Florida Constitution. 19. Appraiser estimated the Subject Property's just and assessed values for ad valorem purposes as follows: in the amount of $248,102 Account No (hereinafter the "assessment"). ]ust Value $ 248,L03 Assessed Value $237,731, 20. Appraiser failed to comply with section , Florida Statutes, and professionally accepted appraisal practices in assessing the Subject Property.

5 21. The assessment exceeds the market value of the Subject Property as of the lien date and therefore violates article VII, section 4 of the Florida Constitution. WHEREFORE, Plaintiff demands that this Court take jurisdiction over this cause and the parties hereto; enter an order setting aside the assessment on the Subject Property as excessive; establish the proper assessment of the Subject Property in accordance with the Constitution of the State of Florida and section , Florida Statutes; direct the Coliector to cancel the original bill and issue a new tax bill in said reassessed amount; and finall1i, to award Plaintiff its costs incurred in bringing this action pursuant to section , Florida Statutes, and award such other general relief as may be just and equitable. Florida Bar No Shane T. Costello Florida Bar No HILL, WARD & HENDERSON, P.A. 101 E. Kennedy Boulevard, Suite 3700 Tampa, FL rob.kelley@hwhlaw.com shane.costello@hwhlaw.com crystal.boyd@hwhlaw.com (813)221-3e04 (813)221"-2900 FAX Attorneys for Plaintiff 6 I 50834v2 5