ROBERT BRUNER AND KATHERINE S. BRUNER, HUSBAND AND WIFE, DEBORAH E. PLITNICK, AND STANLEY C. CHAMBERLIN, INDIVIDUALLY AND AS REPRESENTATIVES OF SIMILARLY SITUATED PERSONS, APPELLANTS/CROSS-APPELLEES,
v.
BERT HARTSFIELD, IN HIS OFFICIAL CAPACITY AS PROPERTY APPRAISER OF LEON COUNTY, FLORIDA; DORIS MALOY, IN HER OFFICIAL CAPACITY AS TAX COLLECTOR OF LEON COUNTY, FLORIDA; LEON COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; THE LEON COUNTY SCHOOL BOARD; FRANK DESGUIN, IN HIS OFFICIAL CAPACITY AS PROPERTY APPRAISER OF CHARLOTTE COUNTY, FLORIDA; VICKIE L. POTTS, IN HER OFFICIAL CAPACITY AS TAX COLLECTOR OF CHARLOTTE COUNTY, FLORIDA; CHARLOTTE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; CHARLOTTE COUNTY SCHOOL BOARD; GARY NIKOLITS, IN HIS OFFICIAL CAPACITY AS PROPERTY APPRAISER OF PALM BEACH COUNTY, FLORIDA; ANNE M. GANNON, IN HER OFFICIAL CAPACITY AS TAX COLLECTOR FOR PALM BEACH COUNTY, FLORIDA; PALM BEACH COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; CITY OF NORTH PALM BEACH, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; PALM BEACH COUNTY SCHOOL BOARD, AND LISA ECHEVERRI, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE FLORIDA DEPARTMENT OF REVENUE; AND ALL NAMED DEFENDANTS, INDIVIDUALLY AND AS REPRESENTATIVES OF SIMILARLY SITUATED PERSONS OR ENTITIES, APPELLEES/CROSS-APPELLANTS
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The court affirmed the dismissal of the complaint and the trial court's subject matter jurisdiction ruling, finding prior precedent controlling.
Appellants challenged the constitutionality of the 'Save Our Homes Amendment' and Amendment 1 of the Florida Constitution. They also raised an issue r…
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Appellants seek reversal of the final order which dismissed with prejudice their second amended complaint challenging the constitutionality of certain portions of section 4, Article VII of the Florida Constitution. More particularly, appellants have challenged the constitutionality of (i) the “Save Our Homes Amendment” (SOHA) which placed a cap on the amount the assessed value of homestead property could be increased annually, and (ii) Amendment 1, adopted by popular referendum in 2008, which, among other things, made a portion of a homesteader’s existing exemption portable to newly-purchased homestead property. Art. VII, § 4(c)(1) and (8), Fla. Const. Appellants argue that these amendments violate several federal constitutional provisions.
This court has already considered and rejected virtually identical constitutional challenges to SOHA in Reinish v. Clark, 765 So.2d 197 (Fla. 1st DCA 2000), and Lanning v. Pilcher, 16 So.3d 294 (Fla. 1st DCA 2009). The holdings in Reinish and Lanning that section 4, Article VII is not unconstitutional for the reasons claimed are not changed by the passage of Amendment 1. Accordingly, we affirm the final order of dismissal.
As for the issue raised on cross-appeal, that the trial court erred in concluding it had subject matter jurisdiction despite appellants/cross-appellees’ failure to comply with section 194.171(1), Florida Statutes, this issue is governed by Lanning, 16 So.3d at 296-97. Pursuant to that decision, we affirm the issue raised on cross-appeal.
The appeal and cross-appeal are AFFIRMED.
VAN NORTWICK, and PADOVANO, JJ., BROWNING, JR., EDWIN B., Senior Judge, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Deluccio v. Havill, 25 So. 3d 31 (Fla. 1st DCA 2009)
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Deluccio v. Havill, 43 So. 3d 925 (Fla. 1st DCA 2010)
Authorities Cited
- Reinish v. Clark, 765 So. 2d 197 (Fla. 1st DCA 2000)
- Lanning v. Pilcher, 16 So. 3d 294 (Fla. 1st DCA 2009)