This open letter has been sent and can be copied and used by others since it is now considered a public record. This letter can be applied to each and every Property Appraiser in the sixty-seven Counties of the State of Florida if Paragraph 2 were excepted. This letter contains an abbreviated Constitutional argument that defines some of the reasons the State can not require the People to register their Social Security Numbers in order to claim a Homestead Exemption. In addition, some of the reasoning may be able to be applied to similar Sections of other State Constitutions.

You may believe you have protected your private property and have removed yourself from the grasp of the money lenders and money handlers. However, once you read the following, you may understand why a Federal Declaration of Homestead or exercise of your right to claim a Homestead Exemption does not secure your private property if you innocently register your Federal Social Security Number with agencies of the State without first registering a Complaint against such registration and presenting adequate argument that may be used to release you [and your private property] from the collection of illegal taxes and unconstitutional maneuvers and abate any future Court action (brought by others against you) in this same matter.
_________________________________________________Subj: SSN requirement for Homestead Exemption is unconstitutional
Date: 1/20/01 4:55:10 PM Eastern Standard Time
From: Julie a doherty
To: taxinfo@bcpa.net

TO: Broward County Property Appraiser [William Markham]
Broward County Governmental Center
115 South Andrews Avenue -- Room 111F
Fort Lauderdale, Florida 33301-1899
(E-mail Address -- taxinfo@bcpa.net ; Internet Online Comment Form -- http://bcpa.net/FEEDBACK.htm )
re: Provision of Social Security Number to maintain the claim to Homestead Exemption.

Dear Mr. Markham:

I am in receipt of your letter dated January 2001 mailed to all Broward County homeowners regarding the State Law that orders the providing of my Social Security Number (and that of a spouse, if married) in order to maintain my claim to a Homestead Exemption on my residential property.

The third sentence of the second paragraph declares, "Thus, we still need your SSN on file to preserve your Homestead Exemption in the future." You state further in the fourth sentence of the third paragraph, "Be assured: my office will safeguard the confidentiality of your SSN and not make it available to any third parties except in those rare instances (if any) as narrowly and explicitly required by state law." And you follow your thought by the statement in the next sentence which is underlined, "As an aside, I support legislation that will repeal this law."

In ANSWER to your letter, I present the following:

The testimony presented to you is that you do not have the power or authority to call for any of the People (who declare a Homestead Right) to report a Social Security Number because the United States Congress has no power or authority to order the States to report the Social Security Numbers of the People when the People make a claim for the right of a Homestead Exemption that is found as a guarantee within their State Constitution. Article VII, Section 6(a) of our State Constitution guarantees the right to claim Homestead Exemption [through the declaration, "Every person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, or another legally or naturally dependent upon the owner, shall be exempt from taxation thereon, except assessments for special benefits, up to the assessed valuation of five thousand dollars, upon establishment of right thereto in the manner prescribed by law."]. This 'exemption' from taxation of a certain amount of money is not income or wages but is a right conferred by Constitutional decree upon the People of this State who chose to exercise such a right, and this right vested in the People can not be removed by you or any other person without the consent of the People that is both freely and knowingly given. Correspondingly, I do not relinquish my Social Security Number to you to have or to use in any way whatsoever, and I do not permit you to remove my Homestead Exemption.

The right of the People to be protected through a Declaration of Homestead (which is also recognized by a Federal Government filing through Act of Congress) was given over to the States on December 15th, 1791 when the Bill of Rights was ratified -- more specifically through the dictate of Article X [of the Bill of Rights] of the United States Constitution [which declares, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."] This right supersedes any power given to (the Internal Revenue Service of) the United States Taxing Authority through any Act of the Congress that relied on either Article I, Section 8, Clause 1 or Amendment XVI [which declare individually, "[The Congress shall have Power] To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States." and "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."]

Not in argument is the fact that it is the Constitutional right of the Congress to act as a body of Commissioners to regulate, lay, and collect taxes on the District of Columbia and all Federal Lands and Territories through the edict of Article I, Section 8, Clause 17 of the United States Constitution. On that account, the United States Congress has the Constitutional power and authority to pass legislation regarding the taxing of the people they oversee and the property that is in the dominion of the Congress (including any grant of Homestead Exemptions over such lands). Together with the taxing power, the Congress may even have the right to issue Identification Numbers to the supervised property (or Social Security Numbers to the people) that are required to be reported when laying claim to some supplementary benefit. However, Florida is no longer a Territory of the United States and under the governance of such a Taxing Authority as sits over an area like Washington D.C. inasmuch as Florida exercised its right to become a State and Congress officially ratified Statehood as Article IV, Section 3 instructs (through Act of Congress [5 Statute 742] in 1845). Also, the land on which my residential home sits has not been considered Federal Land since full Statehood recognition; and, this particular piece of land is not recognized as one of the sections of the one-sixteenth of each and every mile that is supposed to be used for public school purposes as legislated when the United States transferred the Federal Lands of the Territory of Florida to the State of Florida (which was subsequently protected under another Act of Congress known as 'The Arkansas Swamp Act of 1850').

As you can plainly see, if my Homestead Exemption is removed based on a Law you can determine to be manufactured and passed under a mere color of authority, I will be harmed in malice. Besides, if you continue to rely on this illegitimate Law when you have knowledge this Law is illegitimate and if you still persist in the undertaking of a process against me by removing my Homestead Exemption because I refuse to give to you a Social Security Number, you will commit a greater wrong as you would have known that your actions would be without foundation. Moreover, you must acknowledge that it would be your action in following what is recognized as bad Law that would injure me if you remove my Homestead Exemption because the 'Save Our Homes Amendment' would no longer apply to my home and it would be reassessed at a higher value. The (unconstitutional) removal of my Homestead Exemption (borne out of an ill-conceived origin) would automatically force you to follow Constitutional decree which would mandate your Office revalue my property. Accordingly, the true value of my property would be adjusted to a higher cost which would make my tax payments higher and could cause a more egregious harm.

As you know, because home prices were constantly being manipulated upwards, the Save Our Homes Constitutional protection was added by the People through the adoption in 1992 of Article VII, Section 4(c) of our State Constitution [which declares, "All persons entitled to a homestead exemption under section 6 of this Article shall have their homestead assessed at just value as of January 1 of the year following the effective date of this amendment. This assessment shall change only as provided herein."] More to the point, this Constitutional Amendment limits the ways that the assessment can be changed to a higher quantity with a proviso [as declared in Article VII, Section 4(c)6, "In the event of a termination of homestead status, the property shall be assessed as provided by general law."]. For this reason, it can be clearly shown that your Office would create harm to me and benefit to your Office if you proceed with your own baseless desire to surrender my Homestead Exemption if you are not furnished with my Social Security Number.

To state further, I have the right to privacy as is guaranteed by Article I, Section 23 [of the Declaration of Rights] of our State Constitution [which declares, "Every natural person has the right to be let alone and free from governmental intrusion into his private life except as provided herein."] together with the extraordinary right as a Freeholder to exercise such a right (of a Freeholder) in order to contract with the State of which said right to contract is protected by Article I, Section 10 [which declares, "No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed"]. Article VII, Section 12(a) recognizes this right to contract which is peculiar to only Freeholders [through the declaration, "to finance or refinance capital projects authorized by law and only when approved by vote of the electors who are owners of freeholds therein not wholly exempt from taxation."]. Article VII, Section 9(b) gives the same authority to Freeholders to enter into contracts [through the declaration, "Ad valorem taxes, exclusive of taxes levied for the payment of bonds and taxes levied for periods not longer than two years when authorized by vote of the electors who are the owners of freeholds therein not wholly exempt from taxation."]

In case you are unaware of the problem we Freeholders have brought to the attention of County and State officialdom and Federal authorities, I testify and present to you another matter that appears to wait for an ultimate decision from an uncorrupted Court. There is a huge debt that is outstanding in this County from a collection of Bonds that have been issued. However, these Bonds were illegally passed through the political units and subdivisions of the State to whom I am beholding when they let every registered voter vote on a contract for debt instead of following the Constitutionally mandated allowance to let only (Freeholders who are) Electors who claim a Homestead Exemption vote on such a contract. This issue has not been resolved yet because of the inordinate amount of corruption in the State Courts of Florida. And, it appears that the Court to hear the issue would have to be a State Court as the jurisdiction of the Judicial Branch would be invoked by Article VII, Section 13 of our State Constitution (which does give the taxpayer a way to seek a remedy and relief from illegal taxes [through the declaration, "Until payment of all taxes which have been legally assessed upon the property of the same owner, no court shall grant relief from the payment of any tax that may be illegal or illegally assessed."]).

You must be familiar with the Federal Government's power and authority over bankruptcy matters as you have been sworn to uphold the Federal Constitution which implicitly gives such power and authority to the United States Congress through Article I, Section 8, Clause 4 which declares "[The Congress shall have Power] To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States". What would your Office (of County Property Appraiser) do if the County were to declare bankruptcy? Would the [Federal] Court in which the case must be filed be obliged to order a complete list of all individuals holding the contractual obligation to repay the Bond debts of the County? Would the Court order you to provide a list of homeowners and hold you in contempt if the Order is not followed? If you refuse to divulge the homeowners' Social Security Numbers, what would be the repercussions? Would you be removed from Office because of what might be recognized as insolence to a proper Court ruling? After your removal, would the next person who holds the position you now occupy not be as reticent as you (say you are) to divulge such information? Would the bondholders be permitted to list all owners of property holding a Homestead along
with their Social Security Numbers if such homeowners are recognized as surety for the General Obligation or Ad Valorem Bonds? Would the spouse also be considered a debtor even though the spouse's name is not on the property but the Social Security Number has been made a part? Would the homeowners lose title to their property (that was used as collateral) as well as carry a debt (as a surety)?

What could your Office do to protect my right to privacy and my right to contract as such rights are declared in the State Bill of Rights? What could your Office do to protect the private property used as collateral for all of the General Obligation Bonds and Ad Valorem Bonds? What could your Office do if the Federal Court applies Laches and estops the filing of any new case in the State Courts over illegal taxes? What could your Office do to protect the People from being called into Federal Bankruptcy Court when the Court orders all the electors who claim a Homestead Exemption be listed as sureties? What could your Office do to prevent garnishment of wages to pay a Court ordered debt if the People who gave to you their Social Security Numbers are ruled as sureties? Your Office should take a stand now to fight such an unconstitutional dictate that brings nothing to the People but trouble. If you do not stop the unwarranted enforcement of this nefarious Law now, the People might have to pay the price of your inaction through the loss of their private property at a later date.

I understand that in order to have pursued an elected Office, it is quite evident that you had to have first been put under the Oath of an Elector as required by Article VI, Section 3 of our State Constitution since your registration to vote must reside in the State of Florida for such activity; and, those who witnessed the swearing-in ceremony know that you are aware that, after you were elected, you took the additional Oath of Office, a requirement of Article II, Section 5(b). Therefore, you must be doubly recognized as an Elector under Oath to "protect and defend the Constitution of the United States and the Constitution of the State of Florida" and as a County Officer under Oath to "support, protect, and defend the Constitution and Government of the United States and of the State of Florida".

The two [State] Constitutional Oaths to which you are sworn do not conflict with each other. The Oath of a County (or State) Officer signally commissions the guardianship of the People's Trust to its public servants by legitimately adding the duty to 'the Government' while maintaining the duty to protect and defend the Constitutions and by the lawful addition of 'support' to both the Constitutions and the named Government. Our founding Documents clearly show that the formation of this Nation is conditional to a Government recognized to be 'of, by, and for the People'. Thus and so, your obligations responsibilities, and duties as a public servant (in the employ and dependent on the payroll of the People) are to serve the Government of, by, and for (your rightful commander) the People (at times, referred to as General Public). It must be acknowledged that you are to do the bidding of the People within the allowances of the safeguards of the Federal and State Constitutions, and any directives you follow or issue must be for the benefit to and in the interest of us [the Government of, by, and for the] People over any grant of allowance to a person not Constitutionally considered to be one of the People. In like manner, any person holding title as one of the General Public always takes precedence over any
person holding the title of Private Interest, Major Media, or Captain of Industry, and all public servants, are sworn to (a continual) recognition of whom they serve and how to serve them well -- not as overlords but as overseers.

Let me explain. The entity to which you belong as a County Officer is recognized legally as a person. But, that person has been artificially created by the People, and as a construct of the People can be deconstructed at any time by the People. Furthermore, any entity that can be or is created by the People must be put under the domination of the People's will and not the other way around. You are recognized as a public servant (overseer) instead of a master (overlord) for this reason. The [man-made] position you now occupy was created by the People to benefit the People, not to aggrandize one particular person or empower another (with more equality) over the multitude. The true power and authority of the Government rests with the governed (People) whose free will is inalienable and indestructible and not the governing (officials) whose will is not free but incumbent upon the direction of the People alone.

The rights of the People can not be overruled by any person who has been given the privilege to serve. No grant of privilege is equal to any right held by the People, and any claim by a man-made creation to the allowance of adding the rights of Office to oneself to claim a superior right or higher rank than the General Public is a violation of the Constitutions and can not ever be used to abrogate any of the distinctive, indefeasible, and equal rights the People hold.

My private property belongs to me and not to the entities known as the United States or the State of Florida. Furthermore, my residential property belongs to me as one of the People alone, not as one of the People jointly. The land on which I hold a Homestead Exemption is not Federal land, and the State does not have taxing authority over my land as it would violate Article VII, Sections 1(a) and 5(a) of our State Constitution. You will invade my right to privacy, my right to contract through recognition as a Freeholder, and my right to hold and maintain a Homestead Exemption if you continue to try to seek my Social Security Number as a prerequisite to claim a Homestead in the State of Florida. In addition, you will be unconstitutionally enabling a corrupted Taxing Authority known as the Internal Revenue Service to lay claim to a benefit to which they can not lawfully possess and possibly aiding and abetting an enterprise of moneyhandlers to surreptitiously devise a means to take my private property.

THIS IS A NOTICE TO YOU THAT APPROPRIATE LEGAL ACTION WILL BE TAKEN IF YOU DO NOT CORRECT THE MATTER ADDRESSED BY THIS PLEADING.

GOVERN YOURSELF ACCORDINGLY.

julie a doherty