ZINGALE v. POWELL

No. SC03-1270.

885 So.2d 277 (2004)

James A. ZINGALE, Petitioner, v. Robert O. POWELL, et al., Respondents.

Supreme Court of Florida.

Rehearing Denied October 21, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Mark T. Aliff, Assistant Attorney General, Christopher M. Kise, Solicitor General, and Louis F. Hubener, Chief Deputy Solicitor General, Tallahassee, FL, for Petitioner.

Harry S. Raleigh, Jr. of Dobbins, Meeks, Raleigh and Dover, LLP, Fort Lauderdale, FL, for Respondent.

Sherri L. Johnson and John C. Dent, Jr. of Dent and Associates, Sarasota, FL, on behalf of Ed Crapo, as Property Appraiser of Alachua County, FL, Ervin Higgs, as Property Appraiser of Monroe County, FL, Ken Wilkinson, as Property Appraiser of Lee County, FL, and Timothy "Pete" Smith, as Property Appraiser of Okaloosa County, FL; Robert A. Ginsburg, Miami-Dad County Attorney and Melinda S. Thornton, Assistant County Attorney, Miami, FL on behalf of Miami-Dade County Property Appraiser; Larry E. Levy and Loren E. Levy, of the Levy Law Firm, Tallahassee, FL, on behalf of Property Appraisers' Association of Florida, Inc.; Eddie Stephens of Christiansen and Jacknin, West Palm Beach, FL, on behalf of Gary R. Nikolits, Palm Beach County Property Appraiser; and Gaylord A. Wood, Jr., B. Jordan Stuart and J. Christopher Woolsey of Wood and Stuart, P.A., New Smyrna Beach, Florida on behalf of Morgan Gilbreath, as Volusia County Property Appraiser, H.W. "Bill" Suber, as Seminole County Property Appraiser, Sharon Outland, as St. Johns County Property Appraiser and Alvin Mazourek, as Hernando County Property Appraiser, Amici Curiae for Petitioner.

Arthur I. Jacobs and Lisa G. Satcher of Jacobs and Associates, P.A., Fernandina Beach, FL, on behalf of Stephen M. Klein, et al., Amicus Curiae for Respondent.


PARIENTE, C.J.

In this case, we construe article VII, section 4(c) of the Florida Constitution, known as the "Save Our Homes" amendment, which limits the annual change in property tax assessments on homestead exempt property to three percent of the previous assessment or the change in the Consumer Price Index, whichever is less. We must decide whether a homeowner qualifies for the provision's limit on increases in property tax assessments immediately upon meeting...

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