1., This is an action for declaratory reiief conccrniirg certain ad rralorem real. Iriling NN E-Filed 081 todal 09:27:19 AM

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1 Iriling NN E-Filed 081 todal 09:27:19 AM IN TI.IE CIRCUI'f COUI{]' OF I'iI t.j FIIJ]EEN'I'H J UDICiAL CIRCU]T IN AND FOR PALM BEACI{ COUNTY, FLORIDA CiVIL DIVISION FR/CAr- 3 SOUTII FLORIDA,LLC, a foreign corporation and YTG PAT-M BEACH II- NIi, L.P, a folr,:ign corporatiorr, Plaintiffs, Case No. : 50-20'15-CA-OO9O53-XXXX-MB VS. I)ivi.,;ion: GARY Ii. NIKOI-I' S, as Pr:operty Appraiser, ANNE M. GANNON, as -fax Collector and MARSI-IALL STI{AN IlUitG as Executive DirecLor of Lhc Florida Department of Revenue, Dcfer"Ldants. eomplatnt Plair-rtiffs, FR/CAL 3 sourh FLORiDA, LLC, a foreign corporation (,,FR/CAL 3") and YTG I']ALM IIEACI-i il NR, LP, a foreign corporation ("yrg PALM BEACH"), sue Defendants, GAITY Ii. NII(OI.ITS as Pr:oper:ty Appraiser: of Palrn Beach County, Flor:ida ("Appraiscr"), ANNE M. GANNC)N as 'Iax Collcctor of Palm Beach County, Florida ("Cr:liector"), eirrd MARSFIALL ST"RANBURG ("stranburg"), as the Executive Director of the Iilorida Dcpra:.trrent r:f Revcnuc, ancl allege:.a[egelisn5_es1r1nlqu To AU. Co unrs 1., This is an action for declaratory reiief conccrniirg certain ad rralorem real esiate tax assessrnents for the tax yoar 2014.

2 2. Plaintiffs are Delaware corporations. 3. Appraiscr is sucd hcrein in his official capacity and is a necessary party to the action pursuant to section ,(2), Florida Statutes, 4. Collector is sued herein in her official capacity and is a necessary party to the action pursuant to section (3), Florida Statutcs. 5. Defendant Stranburg is sued in his official capacity as Executive Director of tlre Florida Department of Revenue and is a necessary party to this action pursuant to section , (5), Ilorida Statutes. 6. Plaintiff FR/CAL 3 was the owner on January 1, 2014, of certain real property located in Palm Ileach County, Florida, identified by Appraiser using parcel rrumbers 't L0 and L-0010, hereinafter re{erred to as the "subject Property." Plaintiff YTG PALM BEACH purchased the Subject Propcrty in December Plaintiffs have paid the taxes which have been assessed in full, pursuant to section ,(3)(4), Florida Statutes. Copies of the receipts are attached hereto as Plaintiff's Corrposite Exhibit "A." 8. Plaintiffs have performed a1l conditions precedent whjch are required to be performed by Plair-rtiffs in establishing their rights to bring this action and to the relief requested. Specificall, and without limitation, this action has bccn filcd within the time period prescribecl by section \L)4.171(2), Florida Statutes.

3 Count I 9. Plaintiffs reallege and adopt paragraphs 1-8 as if fully set forth herein. The Court has jurisdiction pursuant to Chapters 86 and 194, Florida Statutes. 10. On January 1,, 20L4, the Subject Property was used primarily for a bona fide agricuitural purpose. 11. More specificall/, and at all material times, the Subject Property was used exclusively for grazing herds of cattle and related activities, 1"2. Appraiscr, however, denied agricultural classification for the Subject Property in2014, asserting that the lancls not being used for agricultural purposes. True and correct copies of Appraiser's Notices of Denial Ior the Subject Property are attached hereto as PlaintiIf's Composite Exhibit"B." Thc agriculturai use of the Subject Property has not been abandoned or discontinued, nor has the Subject Property been diverted to any non-agricultural use at any material time. 13. i)laintif{ is in doubt concerning the Subject Property's entitlement to agricuiturai classification for assessment purposes in Plaintiffs are entitled to have that doubt removed by the Court, 1.4. 'Ihere exists a present, real and bona fide controversy between Plaintiffs and Appraiser over the classification of the Subject Property for ad valorcm tax purposes tn201,4. WHEREFORE, Plaintiffs demand that this Court take jurisdiction over this cause and the parties hereto, enter an order setting aside the assessments on the Subject J

4 Property, and direct that the property be classified as agricultural and reassessed in accordance with its classified use; and further, that this Court enter an order directing Collector to cancel the original bills and issue new tax bills in said reassessed amounts; an,j. finally, to awarrcl Plailtiffs their costs incurred in bringing this action pursuant to section 1g4.1g2,F1orida Statutes, and awarcl such other general relief as may be just and equitable. Count II 15. Plaintiffs reallege and adopt paragraphs L-8 as if fully set forth herein. The Court has jurisdiction pursuant to Chapter 194, Florida Statutes. 16. Appraiser assessed the subject property and estimated its just and value for tax year 2074 as fol1or,vs: Boperty Control Number Assessment 00_41,-41_17_00_000_5010 fi4,443, ' $3,093, Appraiser failecl to comply with section , Florida Statutes and professionaily accepted appraisal practices in assessing the Subject Property. 18. The assessments exceed the market value of the Subject Property as of the liel clate and therefore violate article VII, section 4 of the Florida Constitution. WHEREFORE, Plaintiffs clemand that the Court take jurisdiction over this cause and the parties hereto, enter an orclcr sctting asidc thc asscssments on the subiect

5 property as excessive, establish the proper assessnrenis of the Subject Property in accordance with the Constitution of the State of Florida and section ,, Florida Statutes; clirect the Collector to cancel the original bills and issue new tax biils in said rearssessed amounts, and fin.ally to award Plaintiffs their costs incurred in bringing this action pursuant to section , Florida Statutes, and award such other general relief as may be just and equitable. obert E.V. Kelley, ]r. Florida Bar No HILL, WARD & HENDERSON, P.A. 101 E. Kennedy Boulevard, Suite 3700 Tampa, FL (813) 221,-3900 (813) FAX Attorney for Plaintiffs s.2