• Comment

Fla. justices hear homestead exemption argument

Posted: May 8, 2012 - 4:20am

TALLAHASSEE (AP) — The Florida Supreme Court heard arguments Monday in the case of a Honduras couple that could determine if they and other non-resident homeowners, whether they are from foreign countries or other states, can obtain homestead property tax exemptions.

The decision will affect non-residents who seek exemptions if they have legal or natural dependents, including minor children or elderly or disabled adults, living in their primary homes who are permanent residents of Florida. The justices did not indicate when they will rule.

"This is not an immigration case," said Assistant Miami-Dade County Attorney Melinda Thornton. "This would apply to anyone from out of state."

No one disputed that assertion, but several justices questioned Thornton's views on a state constitutional provision that grants exemptions for homes occupied by permanent resident dependents.

She contended David and Ana Andonie, who came to Florida from Honduras on investment visas, should be denied a 2006 exemption on their $1 million Key Biscayne home despite the fact their three then-minor children were born in Miami, were U.S. citizens and never lived anywhere else.

Arguing on behalf of Miami-Dade Property Appraiser Pedro J. Garcia, Thornton said under common law the children were residents of Honduras because that was the permanent residence of their parents. Therefore, an exemption should not have been allowed, she said.

The county's Value Adjustment Board overruled the appraiser's office and granted the exemption. Garcia is appealing a 3rd District Court of Appeal ruling that affirmed a trial court's ruling upholding the board's decision.

In support of the exemption, David Andonie had submitted a sworn statement saying the children were permanent Florida residents. Thornton argued that wasn't good enough to ensure they would not leave Florida if their parents returned to Honduras.

"The property appraiser really, I think, is here on what-ifs, what if something happens in the future," said the Andonies' lawyer, Daniel A. Weiss.

Chief Justice Charles Canady then noted even permanent residents always have the option of leaving Florida.

"To rely on that to establish ineligibility here seems to be quite bizarre," Canady said. "I'm sure you would agree."

Weiss did.

Justice Barbara Pariente said the claim the children were residents of Honduras was "absolutely incredible."

Thornton suggested the parents could have overcome the common law presumption the children were Honduras residents if they had obtained a court order appointing a guardian to take care of them in Florida if the mother and father were to leave the state.

Justice R. Fred Lewis, though, noted there's nothing in the constitution or state law requiring a court order. Thornton acknowledged that and said there were other ways to ensure the children would stay in Florida.

"We're saying that's the cleanest way," she said, later adding that property appraisers should "not be expected to grant or deny homestead exemptions just upon self-serving statements."

Pariente, though, questioned why the sworn statement wasn't good enough, noting there was no evidence of fraud or manipulation.

"I just don't see where the problem is," she said.

While one of the children is 12 and still a minor, the other two now are adults, ages 18 and 19, Weiss said.

The appraisers' office also denied the family's exemption for subsequent tax years, and the adjustment panel continued to overrule those decisions, Thornton said.

Homeowners could get a $25,000 exemption in 2006. Now, they can get an additional $25,000 exemption on non-school taxes. Another benefit is a 3 percent cap on annual assessment increases for homesteads.

The Florida Association of Property Appraisers has submitted a "friend of the court" brief supporting Garcia's argument. The Florida Department of Revenue has filed a brief siding with the Andonies.

The case is Pedro J. Garcia, etc., et al. v. David Andonie, et al., SC11-554.

  • Comment
Your rating: None
Comments (1) Add comment
DaveFrancis 05/08/12 - 09:07 pm
The War Within America

Here is what the Constitutional TEA PARTY immigration reform want: 1) an end to mass LEGAL immigration to the US annually; according to NumbersUSA, over a million more legal immigrants are admitted; and 2) an end to family reunification visas; chain migration refers to the endless and often-snowballing chains of foreign nationals who are allowed to immigrate because the law allows citizens and lawful permanent residents to bring in their extended, non-nuclear family members; and 3) abolish sanctuary city policies and punish all the perpetrators; and 4) improve security over voting and introduce mandatory government photo ID, to cast a vote in all elections; and 5) make it a mandatory felony on stealing or impersonating a U.S. citizen to gain work or use their credit; and 6) Enact mandatory E-Verify nationwide that employers must use or be heavily fined or face imprisonment; and 7) in a report this month it was revealed that illegal immigrants are filing tax returns and claiming nephews and nieces that live in Mexico as dependents. They're claiming up to 20 dependents and collecting $30,000 income tax refunds. The IRS is doing nothing about it even though they know it's occurring; and 8) an amendment to the 14th amendment that only children born in the United States, must have at least one parent who is already a citizen, to gain birthright citizenship; and 9) secure our border.

Arizona and a number of other states have been caught up in the illegal alien invasion financially, while other states like California, New York, Nevada who prefer to ignore the consequences forced on them by ‘Unfunded Mandates” by the courts still carry heavy billion dollar deficits. Arizona has been incessantly hit hard by foreign nationals crossing the borders and taking advantage of welfare programs, but the U.S. government has always remained invulnerable to public outcry and believes they are blameless? With Arizona carrying a burden of $2.4 billion payout for uncompensated health care, education and other free assistance programs, that undermines citizen’s rights by pampering elected officials for unwelcome invaders. All 50 states should stand their ground and its legitimate residents should undertake to evict all lawmakers from their seats in the federal or state capitals, and replace them with TEA PARTY leadership.

Mitt Romney better be carefully aware, that part of the deciding vote will depend on the gargantuan TEA PARTY vote. Flip Flopping on any immigration enforcement, could have consequences. He had already inspired thousands of usually non voters by stating that self deportation or ‘Attrition through Enforcement’ would be his illegal immigration banner, so he cannot renege upon this ultimatum. Agricultural and farming owners should pay towards Guest Workers who pick crops and furnish the labor a fair wage and well regulated immigration system of temporary workers and that they must leave when their visa expires. In addition, only a special allowance of the most highly credentialed scientists, engineers of this caliber should be allowed expedited and visa fraud must be eliminated and the culprits held responsible. Such is an example of Senator Grassley outlining concerns of abuse within the H-1B visa program that raises questions about Boeing's use of B-1 visas, to bring Russian contract engineers into the country?

If you cherish your liberty from the corruption in Congress that benefits all of us, we need a balanced tax code with no subsidies, loopholes for corporations, sugar industry or anybody else; a right to drill on the Peoples public lands and sea with its massive reservoirs of oil, natural gas for the consumer and to alleviate our out-of-control 16 trillion dollar deficit. No more government bail outs for the friends of the Oval Office. Throw out all the profiteering lawmakers and clean house; put familiar TEA PARTY leaders in their place. Introduce a waste and reduction law, which begins the process of shrinking the size of government. Voters need to insist from Congress, specifically from GOP House speaker, John Boehner of Ohio and Dave Camp of Michigan, as the Chairman of the powerful Ways and Means Committee to stop blocking the 50-state E-Verify bill. Call the Washington switchboard at 202-224-3121 Washington, DC. For further truth, not propaganda on this crisis matter, check with NumbersUSA website, where even Congress consults on immigration matters.

Rep. Lamar Smith (R-Texas) has introduced a major piece of legislation that would require most employers to use E-Verify within two years of enactment. Large employers, federal, state, and local agencies and federal and state contractors would need to conform within six months. The bill would also make the E-Verify program permanent and reinstate the no-match letter program to help identify the 7 million illegal aliens currently holding non-agriculture jobs. "E-Verify is a flourishing program to help ensure that jobs are reserved for citizens and legal workers," Rep. Smith said. But it’s only on a voluntary basis at this time. It takes just a few minutes to use and easily confirms 99.5% percent of work-eligible employees. There is no other legislation that can be enacted that will create more jobs for American workers." There is a total 79 Sponsors and we need every American, who believes in the “Rule of Law” to aggressively call their Senators and House Representatives to pass this law.

The United States government currently recognizes any person born on American soil as a “natural born” citizen and ignores the Constitutional requirement that one must also be “subject to the jurisdiction” of the United States in order to automatically gain citizenship. The U.S. is one of only two industrialized nations (Canada) to still grant automatic citizenship to newborns. Despite several media reports, the U.S. Supreme Court has never ruled on whether or not children born to illegal-alien parents, or to parents visiting the United States with temporary visas, are entitled to birthright citizenship. Rep. Steve King (R-Iowa) has introduced the Birthright Citizenship Act of 2011 that would, eliminate the practice of Birthright Citizenship by requiring at least one parent of children born in the United States to be a U.S. citizen or legal permanent resident. Birthright citizenship for illegal aliens not only rewards illegal immigration and adds to the population growth, it also acts as a “foothold” for illegal-alien family members to remain in the United States and eventually legalize their status. There are 87 Sponsor for the Birthright Citizenship Act of 2011 (H.R.140) and needs every patriotic American assistance to get this amendment passed.

Back to Top