CASON v. FLORIDA DEPT. OF MANAGEMENT SERVS.

No. SC05-1484.

944 So.2d 306 (2006)

P. Dewitt CASON, etc., et al., Petitioners, v. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES, Respondent.

Supreme Court of Florida.

November 16, 2006.


Attorney(s) appearing for the Case

George T. Reeves of Davis, Schnitker, Reeves and Browning, P.A., Madison, FL, Andrew J. Decker, IV of the Law Office of Andrew J. Decker, III, P.A., Live Oak, FL, and Laura Beth Faragasso of Henry, Buchanan, Hudson, Suber and Carter, P.A., Tallahassee, FL, for Petitioners.

Benjamin K. Phipps of The Phipps Firm, Tallahassee, FL, S. Austin Peele of Darby, Peele, Bowdoin, and Payne, Lake City, FL, and Anthony W. Garcia, Assistant General Counsel, Department of Management Services, Tallahassee, FL, for Respondents.

Charles J. Crist, Jr., Attorney General, Christopher M. Kise, Solicitor General, Louis Hubener, Chief Deputy Solicitor General, and Christine M. Guard, Assistant General Counsel, Tallahassee, FL, on behalf of the State of Florida, as Amicus Curiae.


PARIENTE, J.

In State Department of Management Services v. Cason, 909 So.2d 378 (Fla. 1st DCA 2005), the First District Court of Appeal certified the following as a question of great public importance:

DO THE JURISDICTIONAL NON-CLAIM PROVISIONS OF SECTION 194.171, FLORIDA STATUTES, APPLY TO BAR A CLAIM OF THE STATE THAT ASSERTS AN ASSESSMENT IS VOID BECAUSE IT WAS MADE ON PROPERTY IMMUNE FROM AD VALOREM TAXATION...

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