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Sunset Harbour v. Robbins

District Court of Appeal of Florida, Third District
Feb 26, 2003
837 So. 2d 1181 (Fla. Dist. Ct. App. 2003)

Summary

declaring unconstitutional section 192.042, Florida Statutes

Summary of this case from Klein v. Robbins

Opinion

Case No. 3D02-2258, 3D02-2316.

Opinion filed February 26, 2003.

An appeal from the Circuit Court for Miami-Dade County, Florida, Barbara S. Levenson, Judge. Lower Tribunal No. 97-28404.

Charlie Crist, Attorney General, and Mark T. Aliff, Assistant Attorney General (Tallahassee); Arnaldo Velez, Coral Gables, for appellants.

Robert A. Ginsburg, County Attorney, and Thomas W. Logue and Jay W. Williams, Assistant County Attorneys, for appellee.

Before GREEN, RAMIREZ, JJ., and NESBITT, Senior Judge.


The taxpayer, a condominium under construction, challenged property appraiser's valuation for the tax year 1997 in the amount of $22,000,000.00, arguing that, pursuant to Section 192.042, Florida Statutes, it should have received a zero value for ad valorem taxation because it was not "substantially completed" as of January 1 of the tax year. The property appraiser put up a general denial with an affirmative defense asserting the constitutional invalidity of Section 192.042, Florida Statutes, supra. The trial judge agreed with the property appraiser and held Section 192.042 unconstitutional. We agree with the trial court.

An extended discussion of the issue is unwarranted in light of Judge Fletcher's able, comprehensive and well-reasoned opinion en banc for this Court in Fuchs v. Robbins, 738 So.2d 338, 341- 348 (Fla. 3d DCA 1999). We incorporate and adopt Judge Fletcher's opinion as though it were set out fully. Employing that reasoning and analysis, we agree with the trial judge and hold that Section 192.042, Florida Statutes is unconstitutional.

That en banc decision was reversed by the Supreme Court in Fuchs v. Robbins, 818 So.2d 460 (Fla. 2002), on the basis that, under the procedural setting in Fuchs, the property appraiser did not have standing to challenge the constitutionality of the statute. The parties here do not dispute the property appraiser's right to raise the unconstitutionality of the statute when defending against the taxpayer's challenge to the appraiser's assessment.

Affirmed.


Summaries of

Sunset Harbour v. Robbins

District Court of Appeal of Florida, Third District
Feb 26, 2003
837 So. 2d 1181 (Fla. Dist. Ct. App. 2003)

declaring unconstitutional section 192.042, Florida Statutes

Summary of this case from Klein v. Robbins
Case details for

Sunset Harbour v. Robbins

Case Details

Full title:SUNSET HARBOUR NORTH CONDOMINIUM ASSOCIATION and STATE OF FLORIDA…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 26, 2003

Citations

837 So. 2d 1181 (Fla. Dist. Ct. App. 2003)

Citing Cases

Sunset Harbour Condo. Ass'n v. Robbins

The trial court held that the statute was unconstitutional and granted summary judgment in Robbins' favor.…

Klein v. Robbins

PER CURIAM. We have on appeal Klein v. Robbins, 873 So.2d 593 (Fla. 3d DCA 2004), in which the Third District…