IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA

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1 Electronically Filed 11/22/ :49:47 AM ET IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA DUKE ENERGY FLORIDA, INC., d/b/a DUKE ENERGY, a Florida corporation, CASE NO.: GENERAL CIVIL DIVISION Plaintiff, vs. GEOFFREY N.D. GREENE, as Property Appraiser of Citrus County, Florida; JANICE A. WARREN, as Tax Collector Of Citrus County, Florida; and MARSHALL C. STRANBURG, as Executive Director of the State of Florida Department of Revenue, Defendants. COMPLAINT Plaintiff, DUKE ENERGY FLORIDA, INC., a Florida corporation, doing business as DUKE ENERGY (hereinafter "Duke Energy Florida"), by and through undersigned counsel, sues GEOFFREY N.D. GREENE, as Property Appraiser of Citrus County, Florida (hereinafter the "Property Appraiser"), JANICE A. WARREN, as Tax Collector of Citrus County, Florida (hereinafter the "Tax Collector"), and MARSHALL C. STRANBURG, as Executive Director of the State of Florida Department of Revenue, and alleges: INTRODUCTION 1. This is an action brought by Duke Energy Florida pursuant to Section , Florida Statutes, contesting illegal ad valorem tax assessments made by the Property Appraiser for the tax year 2013, to enforce compliance with Florida law, including without limitation Sections and , Florida Statutes, and for refund of ad valorem taxes paid under Page 1 of 8

2 protest to the Tax Collector in excess of amounts lawfully due. 2. At all times material hereto, Duke Energy Florida was the owner of certain real property located in Citrus County, Florida. 3. Section (3)(b), Florida Statutes, provides that lands that are used primarily for bona fide agricultural purposes shall be classified agricultural for ad valorem property tax purposes. 4. As of January 1, 2013, Duke Energy Florida owned land within Citrus County that was used primarily for bona fide agricultural purposes and that qualified for agricultural classification under Section The Property Appraiser assigned excessive taxable values to Duke Energy Florida's real property located in Citrus County as of January 1, As a result, the Property Appraiser has made an illegal and excessive valuation of Duke Energy Florida's property. THE PARTIES 7. Duke Energy Florida is a Florida corporation authorized to transact business in the State of Florida, with its principal place of business in St. Petersburg, Florida. At all times material hereto, Duke Energy Florida has been engaged in the generation, transmission, and distribution of electricity to customers in 38 Florida counties, including Citrus County. Prior to a name change effective April 29, 2013, Duke Energy Florida was named Florida Power Corporation and did business as Progress Energy Florida, Inc. 8. The Property Appraiser is and has been the Property Appraiser of Citrus County, Florida, at all times material hereto, and is the official charged by law with rendering assessments of real and tangible personal property for ad valorem tax purposes in Citrus County. Page 2of8

3 The Property Appraiser is a named defendant pursuant to Sec6on 194. I 81 (2), Florida Statutes. 9. The Tax Collector is and has been the Tax Collector of Citrus County, Florida, at all times material hereto, and is the official charged by law with collecting ad valorem taxes levied on property assessed by the Property Appraiser. The Tax Collector is a named defendant pursuant to Section (3), Florida Statutes. 10. Defendant Stranburg is the Executive Director of the State of Florida Department of Revenue and is the official charged by law with the overall supervision of the assessment and collection of ad valorem taxes throughout the State of Florida. JURISDICTION AND VENUE 11. On November 21, 2013, Duke Energy Florida paid to the Tax Collector $588,701.53, wruch is not less than the amount of taxes Duke Energy Florida admits in good faith to be owing. The tax receipts reflecting payment are attached hereto as Composite Exhibit A, as required by Section (3), Florida Statutes. 12. All conditions precedent to the filing of this action have been fulfilled or have occurred. 13. This Court has jurisdiction pursuant to Sections (1) and (2)(e), Florida Statutes, and Article V, Section 20(c)(3), of the Florida Constitution. Venue is proper in this Court pursuant to Section (1) because the property at issue is located in Citrus County, Florida. GENERAL ALLEGATIONS 14. As of January 1, 2013, Duke Energy Florida was the owner of the following property located in Citrus County, Florida which the Property Appraiser has assessed as real Page 3of8

4 property and assigned the parcel identification numbers and taxable values indicated: PARCEL ID TAXABLE VALUE PER PROPERTY APPRAISER 16E17S03 l COOO 0010 $224, E17S03 2AOOO 0211 $233, El7S $79,025, E17S $7,402, EI 7S * $5,302, E 17S $1,094, El 7S * $1,393, E l7s * $1,867, E17S * $2,885, El 7S $510, E l 7S $1,330, E17S $2,700, l 7El 7S3 I 41000* $955, E 17S3 l 44000* $1,522, El 7S $992, l 7El 7S $585, El 7S $5,488, E17S $1,217, E17S $127, El7S $1,370, E17S $697, El 7S $680, El 7S $2,105, E1 7S $370, E l 7S $279, E17S $1,925, El 8S $6,365, I 7El 8S $176, El8SIO $1,286, El8S $3 18, El SS $274, El8S $353, l 7El 8S $583, El 8S $396, E1 8S OOOCO 0280 $443, E18S OOOGO 0010 $155, E18S $5,321, El9S $403, E 17S $31, El 7S $121, E17S $292, Page 4 of8

5 18E17S $1,085, l 8E l 7S $378, El 7S $270, El 7S $4,437, E18S OOAO $59, El8S $35, El8S30 JAOOO 0090 $214, E1 8S $2,059, E18S $361, EI 8S $1,578, l 8El 9S $1,815, E $526, E19S $232, E l 9S $238, El9S 18 2BOOO 0100 $170, E 19S29 I 0000 $922, El9S $906, E20S10 laolo OOBO $1,167, E20S $1,263, E20S $91, E20S $1,267, E20S $1,262, E20S $1,268, E17S $29, El7S $55, E l 7S $182, El $135, El 7S3 I $894, E17S $190, El7S $601, El 8S $755, E19S $22, E19S $7' 705, E20S2 l l 0000 $104, With respect to the parcels listed above bearing an asterisk next to the identification number, the Property Appraiser determined that portions of such parcels qualified for agricultural classification pursuant to Section , Florida Statutes, and granted agricultural classification to such parcels. 16. True and correct copies of the 2013 Notices of Proposed Property Taxes and Page 5of8

6 Proposed or Adopted Non-Ad Valorem Assessments issued by the Property Appraiser to Duke Energy Florida for the parcels listed above are attached hereto as Composite Exhibit B. 17. True and con-ect copies of the 2013 tax bills issued by the Tax Collector to Duke Energy Florida for the parcels listed above are attached hereto as Composite Exhibit C. SUBSTANTIVE ALLEGATIONS 18. The Prope11y Appraiser determined values for Duke Energy Florida's assessable property substantially in excess of its lawful taxable value. For property classified as agricultural, his valuations exceed the agricultural use value of such property. For the remaining parcels his assessments exceed just value. His assessments are therefore illegal and void. 19. Article VII, Section 4, of the Florida Constitution and Sections and , Florida Statutes, generally require that property be assigned its just valuation as of January I of each year for ad valorem tax purposes, except that agricultural property must be assessed based solely upon its agricultural use. 20. Rule l 2D-l.002(2), Florida Administrative Code, defines "just value" and '1ust valuation" as the price at which a property, if offered for sale in the open market, with a reasonable time for the seller to find a purchaser, would transfer for cash or its equivalent, under prevailing market conditions between parties who have knowledge of the uses to which the property may be put, both seeking to maximize their gains and neither being in a position to take advantage of the exigencies of the other. 21. Section , Florida Statutes, establishes eight factors that every property appraiser must consider in deriving the just value of property. With respect to Duke Energy Florida' s property identified above that is subject to assessment at its just value, the Property Appraiser refused and failed to comply with Section and with the j ust valuation standard Page 6of8

7 in deriving his 2013 assessments, resulting in grossly excessive valuations. 22. Section (6), Florida Statutes, similarly establishes factors that every property appraiser must consider in assessing property classified as agricultural. With respect to Duke Energy Florida's property identified above that is classified as agricultural, the Property Appraiser refused and failed to comply with Section (6) in deriving bis 2013 assessments, resulting in grossly excessive valuations. 23. The Property Appraiser's 2013 assessments are not entitled to any presumption of correctness because he failed to properly consider the factors for deriving just value set forth in Section and failed to properly consider the factors for deriving agricultural use value set forth in Section PRAYER FOR RELIEF WHEREFORE, Duke Energy Florida requests that this Court grant the following relief: A. Take jurisdiction of this matter pursuant to Section (I); B. Set aside the 2013 assessments of Duke Energy Florida's property as being illegal and void; C. Establish the correct taxable value of Duke Energy Florida's property for 2013 ad valorem tax purposes; D. Order the Tax Collector to refund to Duke Energy Florida the difference between the taxes paid and the amount due based on the correct taxable value as established by this Court; E. Order the Property Appraiser to modify the records of the county to reflect the proper taxable values as determined by this Court; F. Award Duke Energy Florida its costs and disbursements; and G. Grant any such further relief as this Court deems appropriate. Page 7of8

8 Respectfully submitted, OLDMAN & HOLCOMB, LLP DATED: November.1.L, 2013 Ro it S. Goldman la. Bar No Primary: Secondary: 1705 Metropolitan Blvd., Suite 101 Tallahassee, Florida Tel. No. (850) Fax No. (850) Attorneys for Plaintiff Duke Energy Florida, Inc. Page 8of8