Collier County Tax Collector's Verified Petition Asserting Interest in Property to Be Forfeited (Document 81)

Summary

Rob Stoneburner, Tax Collector of Collier County, Florida, petitions in United States v. Daniel Joseph Tisone, Case No. 2:22-cr-39-SPC-NPM in the Middle District of Florida, Fort Myers Division, asserting an interest in real property to be forfeited. The petition cites 21 U.S.C. § 853(n) and Rule 32.2(c) and refers to a preliminary order of forfeiture entered on December 30, 2022 (Doc. 69). The properties are Unit 101 of the Olde Naples Seaport condominium and Lot 5, Block F of The Moorings, both in Naples. The Tax Collector claims 2023 ad valorem taxes and non-ad valorem special assessments as a first lien under Section 197.122, Florida Statutes, and asks for a hearing and that his interest not be forfeited. Luis E. Rivera II of GrayRobinson, P.A. filed it on February 10, 2023.

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Case 2:22-cr-00039-SPC-NPM Document 81 Filed 02/10/23 Page 1 of 3 PagelD 545

FILED

UNITED STATES DISTRICT COURTW2 FEB 10 PH b: 36
MIDDLE DISTRICT OF FLORIDA ys. 3)).0) 2000
FORT MYERS:DIVISION = ME ee canine
UNITED STATES OF AMERICA,
% CASE NO, 2:22-cr-39-SPC-NPM
DANIEL JOSEPH TISONE,

Defendant.
/

COLLIER COUNTY TAX COLLECTOR'S
VERIFIED PETITION ASSERTING
INTEREST IN PROPERTY TO BE FORFEITED

Rob Stoneburner, as Tax Collector of Collier County, Florida ("Tax
Collector"), by and through his undersigned counsel, pursuant to 21 U.S.C.
§ 853(n), and Rule 32.2(c), Federal Rules of Criminal Procedure, asserts an interest
in the property to be forfeited, stating as follows:

1, Rob Stoneburner is the duly-elected, qualified and sworn Tax
Collector of Collier County, Florida.

2. On December 30, 2022, upon motion of the United States of America,
the Court entered a preliminary order of forfeiture for direct assets (Doc. 69)
forfeiting to the United States, amongst other things, the following real property
(the “Real Property”):

The real property located at 1001 10t* Avenue South, Naples, FL

34102, including all improvements thereon and appurtenances
thereto, the legal description for which is as follows:
Case 2:22-cr-00039-SPC-NPM Document 81 Filed 02/10/23 Page 2 of 3 PagelD 546

Unit 101, OLDE NAPLES SEAPORT, a Condominium, according to
the Declaration of Condominium thereof as recorded in Official
Records Book 3869, Page 3913, as amended from time to time, of the
Public Records of Collier County, Florida; and

The real property located at 550 Starboard Drive, Naples, FL 34103,
including all improvements thereon and appurtenances thereto, the
legal description for which is as follows:

Lot 5, Block F, THE MOORINGS, UNIT NO. 6, in accordance with
and subject to the plat thereof, recorded in Plat Book 8, pages 7 and 8,
of the Public Records of Collier County, Florida.

3. The Tax Collector possesses an interest in the Real Property in that
2023 ad valorem real property taxes and non-ad valorem special assessments were
assessed as of January 1, 2023, and will become due and owing on or about
November 1, 2023.

4. Pursuant to Section 197.122, Florida Statutes, the Tax Collector's claim
for ad valorem real property taxes and non-ad valorem special assessments
constitutes "a first lien, superior to all other liens, on [the] property against which
the taxes have been assessed ...." Fla. Stat. § 197.122 (2020).

5. The Tax Collector requests the Court set a hearing to adjudicate the
validity of his interest in the Real Property.

WHEREFORE, Petitioner, Rob Stoneburner, as Tax Collector of Collier
County, Florida, prays that Petitioner's interest in the claimed property not be
forfeited, and for any such other and further relief as the Court deems just and

proper under the circumstances.
Case 2:22-cr-00039-SPC-NPM Document 81 Filed 02/10/23 Page 3 of 3 PagelD 547

VERIFICATION

I declare under penalty of perjury that I have read the foregoing Verified
Petition Asserting Interest in Property to be Forfeited and the facts stated herein

are true and correct to the best of my information and belief.

/s/ Rob Stoneburner
ROB STONEBURNER
Tax Collector of Collier County, Florida

CERTIFICATE OF SERVICE

I CERTIFY that on February 10, 2023, I electronically filed the foregoing with
the Clerk of the Court by using the CM/ECF system which will send a notice of

electronic filing to all registered CM/ECF participants.

GRAYROBINSON, P.A.

Attorneys for Rob Stoneburner, as
Tax Collector of Collier County

1404 Dean St., Suite 300

Fort Myers, FL 33901

Phone No. (239) 254-8460

Email: luis.rivera@gray-robinson.com

By: _/s/ Luis E. Rivera II
Luis E. Rivera II
Florida Bar No. 0013913

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