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Filing # 142782560 E-Filed 01/27/2022 01:34:27 PM
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL ACTION
RAUL MEJIA, and VIRGINIA LOPEZ
Plaintiffs,
CASE NO.: 2018-12371-CA
vs. DIVISION:
PEDRO GARCIA, as Property Appraiser of
Miami Dade County Florida; LEON M.
BIEGALSKI, as Executive Director of
Florida Department of Revenue; MARCUS
SAIZ DE LA MORA, as Tax Collector of
Miami Dade County, Florida
Defendants.
________________________________________/
PLAINTIFFS’ AMENDED FIRST REQUEST FOR ADMISSION TO COUNTY
DEFENDANTS
TO: Michael J. Mastrucci
Miami-Dade County Attorney
Stephen P. Clark Center
111 N.W. 1st Street, Suite 2810
Miami, FL 33128-1993
mastrucc@miamidade.gov
emily@miamidade.gov
In accordance with Fla. R. Civ. P. 1.560, County Defendants, Miami-Dade Property
Appraiser and Miami-Dade Tax Collector, (hereinafter referred to as "you"), within 30 days,
is required to answer in writing and signed under penalty of perjury the following Request
for Admissions:
1. You admit that Plaintiffs, as taxpayers, could orally report the rental of the real
property located at 201 178th Drive, unit 531, Sunny Isles, Florida 33160-2875, and
identified as Parcel No. 31-2211-039-1220 (“Subject Property”) for tax year 2013.
Page 1 of 3
2. You admit that as at August 29, 2013, an oral notification by the Plaintiffs, as
taxpayers and owners of the subject property, could be sufficient for the Property Appraiser
to revoke the taxpayer’s homestead exemption for tax year 2013 on the subject property.
3. You admit that if the Plaintiffs notified the Property Appraiser of the rental of the
subject property on August 29, 2013, Plaintiffs were not required to submit a particular
form nor any writing to the Property Appraiser as confirmation before the property
appraiser to revoke the homestead for 2013.
4. You admit that there is no exclusive method, whether written or oral, for the
Plaintiffs, as taxpayers, to have reported their rental of the subject property for tax year
2013.
5. You admit that Plaintiffs, as taxpayers were not required to exclusively report in
writing their rental of the subject property for tax year 2013.
6. You admit that the Plaintiffs could not obtain a senior exemption a senior citizen
exemption without first obtaining a homestead exemption for tax year 2013.
7. You admit that the property appraiser is not allowed to assess interest and penalties
on the retroactive tax liens for tax years 2013, 2014, 2015, and 2016, if the failure to revoke
the homestead exemption in tax year 2013 was the result of result of a clerical mistake or
an omission, on the part of the Property Appraiser.
8. You admit that Plaintiffs, the taxpayers, could not to apply for a new homestead
exemption for tax year 2014, 2015, or 2016 if the Property Appraiser’s records showed a
homestead exemption was already applied to the subject property.
Page 2 of 3
9. You admit that the taxpayers were not permitted to apply for a homestead
exemption for tax years 2014, 2015, or 2016 unless the property appraiser first revoked or
removed the homestead exemption on the subject property for tax year 2013.
ANDRÉ GIBSON, CHARTERED
/s/ André A. Gibson
André A. Gibson
Attorney for Plaintiffs, Raul Mejia and Virginia
Lopez.
Florida Bar Number: 0635529
45 NE 67th Street,
North Miami Beach, FL 33162
Telephone: (305) 652-4900
Fax: (305) 808-3495
E-Mail: AAGibson@Gibsontaxlaw.com
Secondary E-Mail: Efile@Gibsontaxlaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished via
electronic mail to Timothy Dennis at Timothy.Dennis@myfloridalegal.com,
Jon.Annette@myfloridalegal.com, Rebecca.Padgett@myfloridalegal.com; and
Michael Mastrucci, Assistant County Attorney, mastrucc@miamidade.gov;
emily@miamidade.gov, this 14th 27th day of JanuaryDecember, 20221.
/s/ André A. Gibson
André A. Gibson
Attorney for Plaintiffs, Raul Mejia and Virginia
Lopez
Page 3 of 3
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Filing # 142782560 E-Filed 01/27/2022 01:34:27 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL ACTION RAUL MEJIA, and VIRGINIA LOPEZ Plaintiffs, CASE NO.: 2018-12371-CA vs. DIVISION: PEDRO GARCIA, as Property Appraiser of Miami Dade County Florida; LEON M. BIEGALSKI, as Executive Director of Florida Department of Revenue; MARCUS SAIZ DE LA MORA, as Tax Collector of Miami Dade County, Florida Defendants. ________________________________________/ PLAINTIFFS’ AMENDED FIRST REQUEST FOR ADMISSION TO COUNTY DEFENDANTS TO: Michael J. Mastrucci Miami-Dade County Attorney Stephen P. Clark Center 111 N.W. 1st Street, Suite 2810 Miami, FL 33128-1993 mastrucc@miamidade.gov emily@miamidade.gov In accordance with Fla. R. Civ. P. 1.560, County Defendants, Miami-Dade Property Appraiser and Miami-Dade Tax Collector, (hereinafter referred to as "you"), within 30 days, is required to answer in writing and signed under penalty of perjury the following Request for Admissions: 1. You admit that Plaintiffs, as taxpayers, could orally report the rental of the real property located at 201 178th Drive, unit 531, Sunny Isles, Florida 33160-2875, and identified as Parcel No. 31-2211-039-1220 (“Subject Property”) for tax year 2013. Page 1 of 3 2. You admit that as at August 29, 2013, an oral notification by the Plaintiffs, as taxpayers and owners of the subject property, could be sufficient for the Property Appraiser to revoke the taxpayer’s homestead exemption for tax year 2013 on the subject property. 3. You admit that if the Plaintiffs notified the Property Appraiser of the rental of the subject property on August 29, 2013, Plaintiffs were not required to submit a particular form nor any writing to the Property Appraiser as confirmation before the property appraiser to revoke the homestead for 2013. 4. You admit that there is no exclusive method, whether written or oral, for the Plaintiffs, as taxpayers, to have reported their rental of the subject property for tax year 2013. 5. You admit that Plaintiffs, as taxpayers were not required to exclusively report in writing their rental of the subject property for tax year 2013. 6. You admit that the Plaintiffs could not obtain a senior exemption a senior citizen exemption without first obtaining a homestead exemption for tax year 2013. 7. You admit that the property appraiser is not allowed to assess interest and penalties on the retroactive tax liens for tax years 2013, 2014, 2015, and 2016, if the failure to revoke the homestead exemption in tax year 2013 was the result of result of a clerical mistake or an omission, on the part of the Property Appraiser. 8. You admit that Plaintiffs, the taxpayers, could not to apply for a new homestead exemption for tax year 2014, 2015, or 2016 if the Property Appraiser’s records showed a homestead exemption was already applied to the subject property. Page 2 of 3 9. You admit that the taxpayers were not permitted to apply for a homestead exemption for tax years 2014, 2015, or 2016 unless the property appraiser first revoked or removed the homestead exemption on the subject property for tax year 2013. ANDRÉ GIBSON, CHARTERED /s/ André A. Gibson André A. Gibson Attorney for Plaintiffs, Raul Mejia and Virginia Lopez. Florida Bar Number: 0635529 45 NE 67th Street, North Miami Beach, FL 33162 Telephone: (305) 652-4900 Fax: (305) 808-3495 E-Mail: AAGibson@Gibsontaxlaw.com Secondary E-Mail: Efile@Gibsontaxlaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished via electronic mail to Timothy Dennis at Timothy.Dennis@myfloridalegal.com, Jon.Annette@myfloridalegal.com, Rebecca.Padgett@myfloridalegal.com; and Michael Mastrucci, Assistant County Attorney, mastrucc@miamidade.gov; emily@miamidade.gov, this 14th 27th day of JanuaryDecember, 20221. /s/ André A. Gibson André A. Gibson Attorney for Plaintiffs, Raul Mejia and Virginia Lopez Page 3 of 3