Joshua Jordan v. Bob Henriquez, in his official capacity as Hillsborough County Property Appraiser

CourtDistrict Court, M.D. Florida
DecidedJanuary 5, 2026
Docket8:25-cv-01800
StatusUnknown

This text of Joshua Jordan v. Bob Henriquez, in his official capacity as Hillsborough County Property Appraiser (Joshua Jordan v. Bob Henriquez, in his official capacity as Hillsborough County Property Appraiser) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joshua Jordan v. Bob Henriquez, in his official capacity as Hillsborough County Property Appraiser, (M.D. Fla. 2026).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

JOSHUA JORDAN,

Plaintiff,

v. Case No: 8:25-cv-1800-MSS-CPT

BOB HENRIQUEZ, in his official capacity as Hillsborough County Property Appraiser,

Defendant.

ORDER THIS CAUSE comes before the Court for consideration of Defendant Hillsborough County Property Appraiser’s Opposed Motion to Dismiss Verified Second Amended Complaint, (Dkt. 47), and Plaintiff’s response thereto. (Dkt. 51) Upon consideration of all relevant filings, case law, and being otherwise fully advised, the Court GRANTS Defendant’s Motion. I. BACKGROUND This case arises from a dispute over whether certain real property located at 3306 S. Omar Ave. Tampa, FL 33629 (the “Property”) is entitled to an exemption from ad valorem taxation because it is used for a religious purpose. See Fla. Stat. § 196.196. Plaintiff Joshua Jordan is the Executive Director and Senior Pastor of Faith Action Church, Inc. (the “Church”). (Dkt. 44 at ¶ 33) Plaintiff incorporated the Church as a Florida not-for-profit corporation on April 17, 2024. (Dkt. 44-13 at 12– 13) On April 18, 2024, Royce Ann Joyce Jordan, Plaintiff’s spouse, created the Faith Action Church Parsonage Trust (the “Trust”) and granted the Property to the Trust. (Dkts. 44-2; 44-13 at 25) Ms. Jordan is the Trustee of the Trust, while Plaintiff and his

progeny are the beneficiaries of the Trust. The Church is not a beneficiary of the Trust. The Property is designated as a parsonage in the Trust documents. (Dkt. 44-2) On October 6, 2024, the state of Florida issued a Consumer’s Certificate of Exemption, which provides that the Church is “exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible

personal property purchased or rented, or services purchased.” (Dkt. 44-3) The Certificate categorized the Church’s exemption category as “Religious-Physical Place.” (Id.) The Church also submitted an application for the Property to be exempt from ad valorem taxes because it is used for a religious purpose.1 (Id. at ¶ 66) On April 11,

2025, Henry McCloud, Manager of the Exemption Compliance Department in the Hillsborough County Property Appraiser’s Office, informed Plaintiff that his application was being denied because (1) he did not currently reside at the Property, and (2) the Property was generating rental income. (Id. at ¶ 67) Plaintiff then advised Mr. McCloud that all rental income was going back to the Church and being used for

exempt purposes and therefore it should not be considered profit making. (Id. at ¶¶ 67–

1 The Church was listed as the “applicant name” on the application, and the application was signed by Plaintiff as “Senior Pastor” and Royce Jordan as “trustee/director.” (Dkt. 44-13 at 7–9) 72; Dkt. 44-4) See Fla. Stat. § 196.196(4) (stating that property claimed as exempt for religious purposes which is used for profitmaking purposes shall be subject to ad valorem taxation, but “[u]se of property for functions not requiring a business or

occupational license conducted by the organization at its primary residence, the revenue of which is used for wholly exempt purposes, shall not be considered profit making.”). On June 27, 2025, Defendant Bob Henriquez, in his official capacity as Hillsborough County Property Appraiser, denied Plaintiff’s request for the exemption.

(Dkt. 44-5) The letter and notice of denial (“Denial Letter”) stated that the application was denied because (1) applicant was not the owner of record on January 1 or had a proportional interest to the real estate, (2) lacked evidence of religious activity or services, and (3) the applicant did not meet the statutory criteria for a charitable or nonprofit entity. (Id.) Plaintiff challenges these reasons. First, Plaintiff asserts that the

Trust owned the Property on January 1.2 Plaintiff then notes that Defendant’s office never requested any documentation of religious activity or services. Among others, Plaintiff points to online services, physical services in the Church’s Tokyo, Japan location, and charitable support as examples of the Church’s religious activity. (Dkt. 44 at ¶ 97) The Denial Letter advised Plaintiff that appeals could be made to the Value

2 From Defendant’s perspective, the issue is that the Church is listed as the applicant on the exemption application, and the Church did not own the Property (the Trust did). (Dkt. 44-13 at 2–3) Plaintiff alleges that the Trust is an “integrated auxiliary” of the Church and thus shares in the Church’s “exempt religious status.” (Dkt. 44 at ¶ 44) Adjustment Board within 30 days. (Dkt. 44-5) Because the constitutional issues involved, however, Plaintiff opted to seek a resolution in federal court. After receiving the Denial Letter, Plaintiff submitted a public records request to

Defendant’s office seeking data on its denials of religious exemption applications since Defendant took office in 2013. (Dkt. 44 at ¶ 132) Plaintiff alleges that these records demonstrate a “clear pattern of unconstitutional religious determinations by Defendant’s office,” because they often indicate more denials than applications. (Id. at ¶ 134) For example, in 2024, Defendant issued 31 denial letters despite receiving

only 10 applications. (Id.) Plaintiff also discovered that Defendant did not retain records from 2013–2018, despite the requirement for property appraisers to maintain such records for 10 years.3 (Id. at ¶¶136–37) From here, Plaintiff also alleges that, “[u]pon information and belief, Defendant has engaged in a pattern and practice of intentional misconduct and discriminatory

application of religious exemption standards, applying lenient review standards and favorable presumptions to Catholic religious organizations while subjecting Protestant religious groups to heightened scrutiny, fabricated denial reasons, and discriminatory treatment.” (Dkt. 44 at ¶ 116) After further attempts to resolve the exemption denial, Plaintiff initiated this action. Plaintiff asserts that he is not seeking any tax-related

relief. Instead, Plaintiff challenges Defendant’s “unlawful practice of imposing unlawful religious sufficiency tests on churches seeking tax exemption.” (Id. at ¶ 10)

3 Plaintiff raises various related challenges to Defendant’s internal operations, including the delegation of religious exemption denials to others in his office. The Second Amended Complaint brings eighteen claims against Defendant: (1) Violation of Florida Statutes Chapter 196; (2) Procedural Due Process Violations; (3) Violation of Article I, Section 3 of the Florida Constitution; (4) Violation of the Florida

Religious Freedom Restoration Act; (5) Violation of the Free Exercise Clause of the First Amendment; (6) Violation of the Establishment Clause of the First Amendment; (7) Violation of the Equal Protection Clause of the Fourteenth Amendment; (8) Violation of the Religious Land Use and Institutionalized Persons Act (“RLUIPA”); (9) Fraudulent Misrepresentation; (10) Gross Negligence; (11) Fraudulent

Misrepresentation; (12) Gross Negligence; (13) Procedural Due Process Violations; (14) Due Process Violations; (15) Fraud and Misrepresentation; (16) Conspiracy to Violate Civil Rights pursuant to 42 U.S.C. § 1985; (17) Unjust Enrichment; and (18) Municipal Liability – Monell Claim. (Dkt. 44) Defendant moves to dismiss the Second Amended Complaint, arguing that the

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