MIKE WELLS, PROPERTY APPRAISER FOR PASCO COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
JOHN P. VALLIER AND EMILY B. VALLIER, APPELLEES

Fla. 2d DCA | 2000-12-06
No. 2D99-2767
ALTENBERND, A.C.J., and WHATLEY, J., Concur.
773 So. 2d 1197 Florida District Court of Appeal, Second District (2000) Positive Treatment
Cited by 2 cases

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Synopsis

The Property Appraiser for Pasco County appealed a summary judgment granting homestead tax exemption to the Valliers, arguing that their receipt of a residency-based property tax credit in New Hampshire disqualified them as permanent Florida residents. The court affirmed, holding that while such a credit may be a factor in determining permanent residency, it is not conclusive, and the overwhelming evidence demonstrated the Valliers were permanent Pasco County residents entitled to the exemption.


Holding

The receipt of a residency-based property tax credit in another state is merely one factor to consider in determining permanent residency and is not conclusive on the issue. The Valliers, with overwhelming evidence of permanent Florida residency over sixteen years, qualified for homestead tax exemption despite the New Hampshire credit.


Headnotes

[1] Receiving a residency-based property tax credit in another state is not, by itself, conclusive evidence that a taxpayer is not a permanent resident of Florida for homeste…

[2] A taxpayer's permanent residency for homestead tax exemption purposes is determined by a totality of circumstances, not by a single factor.

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Key Quotes

“While the fact that a property owner receives a residency-based property tax credit in another state may be a factor considered in determining whether Florida is their permanent residence, that fact alone is not conclusive on the issue.”

Establishes the legal standard that a residency-based tax credit in another state is relevant but not determinative of permanent residency status.

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Facts & Procedural History

For approximately sixteen years, the Valliers applied for and received homestead tax exemptions for their Florida residence, maintained valid Florida …

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Opinion of the Court
STRINGER, Judge.

[*1198] STRINGER, Judge.

Appellant, Mike Wells, the Property Appraiser for Pasco County, Florida, challenges a trial court order granting a final summary judgment in favor of appellees, John and Emily Vallier. Appellant argues that appellees should not be considered permanent residents of Pasco County for homestead tax exemption purposes because they received a residency-based property tax credit in the State of New Hampshire. We disagree.

The undisputed facts show that for approximately sixteen years, appellees:

(1) applied for and received homestead tax exemptions for their residence in the State of Florida;

(2) have maintained valid Florida driver’s licenses and have not maintained driver’s licenses from any other state;

(3) have had one or more motor vehicles registered in the State of Florida and have not had any other vehicles registered in any other state;

(4) have been registered voters in the State of Florida and in no other state;

(5) have listed their Florida residence as their address for federal income tax purposes and have not used any other address for such purposes;

(6) have maintained their primary personal checking and savings accounts within the State of Florida;

(7) have been physically present in the State of Florida, on average, seven to eight months of each calendar year;

(8) have had their primary physicians, accountants, brokers and church within the State of Florida;

(9) have maintained their family keepsakes within their Florida residence;

(10)have executed their last will and testament within the State of Florida; and (11)have received a $100 per year residency-based property tax credit in the State of New Hampshire for a summer home they own in that state.

The sole basis for appellant’s argument that appellees should not be considered permanent residents of Pasco County, Florida, is the fact that appellees received the $100 per year residency-based property tax credit in the State of New Hampshire. Appellant asserted that this alone was sufficient to render appellees ineligible to receive homestead tax exemption as permanent residents of Pasco County, Florida. The trial court concluded that appellees were permanent residents of Pasco County, Florida, and were therefore entitled to receive a homestead tax exemption despite the fact that they also received a residency-based property tax credit in the State of New Hampshire. We agree with the trial court’s conclusions.

While the fact that a property owner receives a residency-based property tax credit in another state may be a factor considered in determining whether Florida is their permanent residence, that fact alone is not conclusive on the issue. In this case, appellant argues no other basis for not considering appellees permanent residents of Pasco County, Florida. Appellant maintains this argument in spite of the overwhelming evidence showing that appellees were permanent residents of Pasco County, Florida, and had been for sixteen years. It is clear from this record that appellees are permanent residents of Pasco County, Florida, and have complied with the requirements for receiving a homestead tax exemption in this state.

Accordingly, we affirm.

Affirmed.

ALTENBERND, A.C.J., and WHATLEY, J., Concur.


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Citator

Cited By

  • Venice L. Endsley v. Broward Cnty., 189 So. 3d 938 (Fla. 4th DCA 2016)
    …does not apply to this situation and is limited to situations, liké Brkladc, where both residences are in Florida. The Second District Court of Appeal considered a family claiming residency-based tax benefits in multiple states in Wells v. Vallier, 773 So. 2d 1197 (Fla. 2d DCA 2000). The court concluded that the couple was “entitled to receive a homestead tax exemption [in Florida] despite the fact that they also received a residency-based property tax credit in the State of New Hampshire,” because the couple…

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