1. The Plaintiff, LAKE V/ALES RETIREMENT CENTER, [NC., (hereinafter
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1 LAKE WALES RETIREMENT CENTER, INC., IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA CASE NO. lol.t- C.4 - po I I sj v.' Plaintiff, MARSHA M. FAUX, as the Property Appraiser for Polk County, Florida; JOE G. TEDDER, as the Tax Collector for Polk County, Florida: and LEON M. BIEGALSKI, as the Executive Director of the Florida Department of Revenue, Defendants. / COMPLAINT COMES NOW the Plaintiff, LAKE WALES RETIREMENT CENTER, INC., by and through its undersigned attorneys, and sues the Defendants, MARSHA M. FAUX, as the Property Appraiser for Polk County, Florida (hereinafter the "Property Appraiser"); JOE G. TEDDER, as the Tax Collector for Polk County, Florida (hereinafter the "Tax Collector"); and LEON M. BIEGALSKI, as the Executive Director of the Florida Department of Revenue (hereinafter the "DOR"), and, as its causes of action, the Plaintiff would state as follows: 1. The Plaintiff, LAKE V/ALES RETIREMENT CENTER, [NC., (hereinafter "Plaintiff' or "Lake Wales Retirement Center ") owns real property located in Polk County, Florida, the valuation of which property for ad valorem tax purposes is the subject matter of this action. 2. Plaintiffis a Florida not-for-profit corporation properly registered with the Florida Department of State Division of Corporations. -1-
2 3. The Plaintiff's property consists of various tax parcels comprising a retirement community in Polk County, Florida, commonly known as Water's Edge of Lake Wales. 4. Sixty-seven (67) separate parcels are included in this complaint for 2016, although these parcels are to be combined into a single parcel for tax purposes for The Property Appraiser used the same improper methodology in valuing each of these 67 parcels for The commonality of the claims against the 2016 assessments justify trying these 67 parcels together for purposes ofjudicial economy and efficiency. 7. This is an action brought by Plaintiff, as owner of the subject real property and the party responsible for the payment of the ad valorem taxes thereon. 8. This is an appeal of the 2016 ad valorem assessments on the 67 subject parcels identified as the following parcel identification numbers: t r l r t r I l l r 63 s r I fi t t t r t t t rtr t I t r t r t r t t I t t I I I t I I I t I t t I I t I t t t t t L-
3 t I t t3 t I t I t2t t t I r l t I t t t r t I t2t t l s t2t r l I t t2t r r r t t2t r t I 6 I I t I tzt t I I t t t2t n t t t I t2t t t63 I L I I t This action is brought pursuant to Sections l94.l7l and of the Florida Statutes. 10. The Defendants in this Count are MARSHA M. FAUX, as the Property Appraiser for Polk County, Florida, JOE G. TEDDER, as the Tax Collector for Polk County, Florida, and LEON M. BIEGALSKI, as the Executive Director of the Florida Department of Revenue. 11. The Defendant, MARSHA M. FAUX, is sued herein in her official capacity as Property Appraiser for Polk County, Florida, and not individually. 12. The Defendant, JOE G. TEDDER, is sued herein in his official capacity as the Tax Collector for Polk County, Florida, and not individually. 13. The Defendant, LEON M. BIEGALSKI, is sued herein in his official capacity as the Executive Director of the Florida Department of Revenue, and not individually. -3-
4 14. This is a suit to contest the 2016 ad valorem assessment (market value and assessed value) imposed on the 67 parcels identified in Paragraph 8, above. 15. Plaintiffis now, and was on January I,2016, responsible for the property taxes on this property located in Polk County, the legal description of which is contained in the Property Appraiser's records as listed in Paragraph 8, above. 16. The Polk County Value Adjustment Board issued its Final Decisions on the subject property on March 31,2017. These final decisions were mailed on April 3, At all times material to this cause of action, the Property Appraiser was responsible for properly assessing the value of the Plaintiffs parcels in accordance with Florida law 18. The Tax Collector has the statutory duty to collect the taxes resulting from the assessment of the Plaintiffs property. The Tax Collector is joined as a nominal party defendant for the purpose of providing timely notice of this action and to provide this Court with jurisdiction over the Tax Collector to direct a refund of taxes paid upon granting the relief requested herein. 19. The DOR is joined as a party defendant pursuant to Section of the Florida Statutes. 20. The real property owned by Plaintiff is subject to assessment by the Property Appraiser for ad valorem tax purposes. Section (12) of the Florida Statutes defines "real property" to mean "land, buildings, fixtures, and all other improvements to land." 21. Upon information and belief the Property Appraiser has assessed more than just the real property and has, in fact, also assessed ad valorem taxes on the going concern value and business value ofthese parcels. -4-
5 22. These assessments exceed the just and fair market values of the subject property, are unlawful, invalid, and/or are not within the range of reasonable assessments because: (a) Section of the Florida Statutes was not properly or lawfully considered by the Property Appraiser; (b) The Property Appraiser ignored or did not properly apply the Florida Real Property Appraisal Guidelines adopted in2002 by DOR pursuant to Sections and of the Florida Statutes and DOR's Manual of Instructions for Ad Valorem Taxation; (c) The Property Appraiser has unlawfully, systematically, and intentionally substituted her own assessment policy instead of following the mandates of Section of the Florida Statutes, the Florida Constitution, and the DOR assessment guidelines with regard to valuing real property for ad valorem tax purposes; (d) The assessments are discriminatory in that the assessments are at a higher valuation than other taxable property of like class, nature, character, use, and condition located in Polk County, Florida and/or elsewhere in Florida; (e) The assessments are arbitrarily based on valuation practices which are different from the valuation practices generally applied to comparable property within the same class and within Polk County and elsewhere in the State of Florida; and/or (f) The method of assessment used by the Property Appraiser was unrealistic, unjust, excessive, arbitrary and is in violation of the general laws of the State of Florida cited above and Article I, Section 4 and Article VII of the Florida Constitution, and violates the valuation methods and practices set forth in the Uniform Standards of Professional Appraisal Practice (USPAP). -5-
6 23. As a result of the foregoing over-assessments, the 2016 assessments greatly exceed the just values of the subject parcels, and the ad valorem taxes resulting therefrom substantially exceed the taxes which would have been levied on the subject properties had they been properly assessed. 24. Plaintiffhas paid the full amount of taxes due on these 67 parcels for 2016, less the 4Yo discount for early payment in November, but payment of these taxes is not an admission that the tax was due and does not prejudice the right to bring this action. Attached hereto as Composite Exhibit "A" are copies of receipts from the Tax Collector evidencing payment of these taxes. 25. Plaintiffhas performed all conditions precedent to the bringing of this action. WHEREFORE, the Plaintiff, LAKE WALES RETIREMENT CENTER, INC., prays for the Court to render a judgment decreeing (a) that the assessments of the subject property for 2016 exceed just value and/or the subject property was unlawfully, unequally and/or invalidly over-assessed for 2016; (b) that the Court establish and declare the lawful amounts of the 2016 assessments or, in the alternative, that the Court remand these assessments to the Property Appraiser with instructions to comply with the provisions of the Florida Statutes, the Florida Constitution and the DOR assessment guidelines; (c) that the 2016 assessments and the resulting taxes be set aside to the extent the same exceed the just or fair market values of the property; (d) that LAKE WALES RETIREMENT CENTER, INC. is entitled to a refund of taxes paid to the extent that the amount previously paid exceeds the amount of taxes which would be owed on corrected assessments; and (e) that the Tax Collector is directed to refund to LAKE WALES RETIREMENT CENTER, INC. any excess ad valorem taxes previously collected within thiny (30) days of entry of a Final Judgment by this Court. Further, LAKE WALES RETIREMENT -6-
7 CENTER, INC. would request that it be granted such other and further relief as the Court may deem just and proper, as well as the costs of this action. LOWNDES, DROSDICK, DOSTER, KANTOR & REED, P.A. Florida Bar No.V brendan. lowndes-law. com com lowndes-law. com Phone: N. Eola Drive P.O. Box 2809 Orlando, Florida Fax: Counsel for Plaintiff \174548\41 l3894vl -7
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