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Filing # 82083861 E-Filed 12/13/2018 02:50:06 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 18-12371 CA 34
RAUL MEJIA and VIRGINIA LOPEZ,
Plaintiff,
VS.
PEDRO GARCIA, as Property Appraiser of
Miami-Dade County Florida) LEON M
BIEGALSKI, as the Executive Director of the
Florida Department of Revenue; MARCUS
SAIZ DE LA MORA, as Tax Collector of
Miami Dade County Florida,
Defendants.
/
PROPERTY APPRAISER’S SUPPLEMENTAL RESPONSES
TO PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION
Defendant PEDRO J. GARCIA, as Property Appraiser of Miami-Dade County, Florida, by
and through undersigned counsel, pursuant to Fla. R. Civ. P. 1.350, and in response to Plaintiffs’
Motion to Compel and Response to County Defendants’ Objections, hereby files these
supplemental responses to Plaintiffs’ RAUL MEJIA and VIRGINIA LOPEZ First Request for
Production of Documents as follows:
1. A copy of any and all communication between County Defendants, related to the
Plaintiffs and/or the subject property.
Response:
To the extent that this Request asks for communication between the Property Appraiser and
Tax Collector related to the Plaintiffs and the subject property for tax years 2011 through
2017, neither the Property Appraiser nor the Tax Collector has any such documents or
communications in its possession, custody, or control that are responsive to this RequestCase No. 18-12371 CA 34
A copy of any and all internal communication between the agents and employees [of]
each County Defendant that is related to the Plaintiffs [and] the subject property.
Response:
To the extent that this Request asks for communication between the agents and employees
of each County Defendant that is related to the Plaintiffs and the subject property for tax
years 2011 through 2017, and to the extent that production does not violate confidentiality
statutes, work product and/or attorney client privilege, the Property Appraiser’s has
produced all documents within its possession, custody or control that are responsive to this
Request, with the exception of Exhibit A, attached hereto.
Any and all documents obtained by the County Defendants prior to the imposition of
retroactive tax liens for tax years 2011 through 2016, or upon which the County
Defendants rely upon to support of retroactive tax liens for tax years 2011 through
2016.
Response:
To the extent that this Request asks for all documents upon which the County Defendants
rely to support the retroactive tax liens for tax years 2011 through 2016, and to the extent
that production does not violate confidentiality statutes, work product and/or attorney client
privilege, the Property Appraiser has produced all documents within its possession,
custody or control that are responsive to this Request, with the exception of Exhibit B,
attached hereto.
A copy of any and all documents that formed the basis for the County Defendants’
determination that the subject property was rented for tax years 2011, 2012, 2014,
2015, 2016.
Response:
To the extent that production does not violate confidentiality statutes, work product and/or
attorney client privilege, the Property Appraiser has produced all documents in its
possession, custody, and control that are responsive to this Request, with the exception of
Exhibit B, attached hereto.By
Case No. 18-12371 CA 34
Respectfully submitted,
ABIGAIL PRICE-WILLIAMS
Miami-Dade County Attorney
Stephen P. Clark Center
111 N.W. Ist Street, Suite 2810
Miami, FL 33128-1993
/s/Michael J. Mastrucci
Michael J. Mastrucci
Assistant County Attorney
Florida Bar No. 86130
Telephone: (305) 375-5151
Facsimilie: (305) 375-5611
Email: mastrucc@miamidade.gov
Wilma.Morillo@miamidade.gov
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served this 13th
day of December, 2018 via e-mail generated by the Florida Courts E-Filing Portal to: Andre A
Gibson, Esq., 45 NE 67th Street, North Miami Beach, FL 33162, AAGibson@Gibsontaxlaw.com,
Efile@Gibsontaxlaw.com
By: — 4s/ Michael J. Mastrucci
Assistant County Attorney
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Filing # 82083861 E-Filed 12/13/2018 02:50:06 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 18-12371 CA 34 RAUL MEJIA and VIRGINIA LOPEZ, Plaintiff, VS. PEDRO GARCIA, as Property Appraiser of Miami-Dade County Florida) LEON M BIEGALSKI, as the Executive Director of the Florida Department of Revenue; MARCUS SAIZ DE LA MORA, as Tax Collector of Miami Dade County Florida, Defendants. / PROPERTY APPRAISER’S SUPPLEMENTAL RESPONSES TO PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION Defendant PEDRO J. GARCIA, as Property Appraiser of Miami-Dade County, Florida, by and through undersigned counsel, pursuant to Fla. R. Civ. P. 1.350, and in response to Plaintiffs’ Motion to Compel and Response to County Defendants’ Objections, hereby files these supplemental responses to Plaintiffs’ RAUL MEJIA and VIRGINIA LOPEZ First Request for Production of Documents as follows: 1. A copy of any and all communication between County Defendants, related to the Plaintiffs and/or the subject property. Response: To the extent that this Request asks for communication between the Property Appraiser and Tax Collector related to the Plaintiffs and the subject property for tax years 2011 through 2017, neither the Property Appraiser nor the Tax Collector has any such documents or communications in its possession, custody, or control that are responsive to this RequestCase No. 18-12371 CA 34 A copy of any and all internal communication between the agents and employees [of] each County Defendant that is related to the Plaintiffs [and] the subject property. Response: To the extent that this Request asks for communication between the agents and employees of each County Defendant that is related to the Plaintiffs and the subject property for tax years 2011 through 2017, and to the extent that production does not violate confidentiality statutes, work product and/or attorney client privilege, the Property Appraiser’s has produced all documents within its possession, custody or control that are responsive to this Request, with the exception of Exhibit A, attached hereto. Any and all documents obtained by the County Defendants prior to the imposition of retroactive tax liens for tax years 2011 through 2016, or upon which the County Defendants rely upon to support of retroactive tax liens for tax years 2011 through 2016. Response: To the extent that this Request asks for all documents upon which the County Defendants rely to support the retroactive tax liens for tax years 2011 through 2016, and to the extent that production does not violate confidentiality statutes, work product and/or attorney client privilege, the Property Appraiser has produced all documents within its possession, custody or control that are responsive to this Request, with the exception of Exhibit B, attached hereto. A copy of any and all documents that formed the basis for the County Defendants’ determination that the subject property was rented for tax years 2011, 2012, 2014, 2015, 2016. Response: To the extent that production does not violate confidentiality statutes, work product and/or attorney client privilege, the Property Appraiser has produced all documents in its possession, custody, and control that are responsive to this Request, with the exception of Exhibit B, attached hereto.By Case No. 18-12371 CA 34 Respectfully submitted, ABIGAIL PRICE-WILLIAMS Miami-Dade County Attorney Stephen P. Clark Center 111 N.W. Ist Street, Suite 2810 Miami, FL 33128-1993 /s/Michael J. Mastrucci Michael J. Mastrucci Assistant County Attorney Florida Bar No. 86130 Telephone: (305) 375-5151 Facsimilie: (305) 375-5611 Email: mastrucc@miamidade.gov Wilma.Morillo@miamidade.gov CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served this 13th day of December, 2018 via e-mail generated by the Florida Courts E-Filing Portal to: Andre A Gibson, Esq., 45 NE 67th Street, North Miami Beach, FL 33162, AAGibson@Gibsontaxlaw.com, Efile@Gibsontaxlaw.com By: — 4s/ Michael J. Mastrucci Assistant County Attorney