Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 880
       
       
       
       
       
       
                                Barcode 514436                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/26/2011           .                                
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       The Committee on Budget (Margolis) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 194.014, Florida Statutes, is created to
    6  read:
    7         194.014 Partial payment of ad valorem taxes; proceedings
    8  before value adjustment board.—
    9         (1)(a) A petitioner before the value adjustment board who
   10  challenges the assessed value of property must pay all of the
   11  non-ad valorem assessments and make a partial payment of at
   12  least 75 percent of the ad valorem taxes, less the applicable
   13  discount under s. 197.162, before the taxes become delinquent
   14  pursuant to s. 197.333.
   15         (b)1. A petitioner before the value adjustment board who
   16  challenges the denial of a classification or exemption, or the
   17  assessment based on an argument that the property was not
   18  substantially complete as of January 1, must pay all of the non
   19  ad valorem assessments and the amount of the tax which the
   20  taxpayer admits in good faith to be owing, less the applicable
   21  discount under s. 197.162, before the taxes become delinquent
   22  pursuant to s. 197.333.
   23         2. If the value adjustment board determines that the amount
   24  of the tax that the taxpayer has admitted to be owing pursuant
   25  to this paragraph is grossly disproportionate to the amount of
   26  the tax found to be due and that the taxpayer’s admission was
   27  not made in good faith, the tax collector shall collect a
   28  penalty at the rate of 10 percent of the deficiency per year
   29  from the date the taxes became delinquent pursuant to s.
   30  197.333.
   31         (c) The value adjustment board shall deny the petition by
   32  written decision by April 20 if the petitioner fails to make the
   33  payment required by this subsection. The clerk, upon issuance of
   34  the decision, shall, on a form provided by the Department of
   35  Revenue, notify by first-class mail each taxpayer, the property
   36  appraiser, and the department of the decision of the board.
   37         (2) If the value adjustment board determines that the
   38  petitioner owes ad valorem taxes in excess of the amount paid,
   39  the unpaid amount accrues interest at the rate of 12 percent per
   40  year from the date the taxes became delinquent pursuant to s.
   41  197.333, until the unpaid amount is paid. If the value
   42  adjustment board determines that a refund is due, the overpaid
   43  amount accrues interest at the rate of 12 percent per year from
   44  the date the taxes became delinquent pursuant to s. 197.333,
   45  until a refund is paid. Interest does not accrue on amounts paid
   46  in excess of 100 percent of the current taxes due as provided on
   47  the tax notice issued pursuant to s. 197.322.
   48         (3) This section does not apply to petitions for ad valorem
   49  tax deferrals pursuant to chapter 197.
   50         Section 2. Subsection (2) of section 194.034, Florida
   51  Statutes, is amended to read:
   52         194.034 Hearing procedures; rules.—
   53         (2) In each case, except when a complaint is withdrawn by
   54  the petitioner, or is acknowledged as correct by the property
   55  appraiser, or is denied pursuant to s. 194.014(1)(c), the value
   56  adjustment board shall render a written decision. All such
   57  decisions shall be issued within 20 calendar days of the last
   58  day the board is in session under s. 194.032. The decision of
   59  the board shall contain findings of fact and conclusions of law
   60  and shall include reasons for upholding or overturning the
   61  determination of the property appraiser. When a special
   62  magistrate has been appointed, the recommendations of the
   63  special magistrate shall be considered by the board. The clerk,
   64  upon issuance of the decisions, shall, on a form provided by the
   65  Department of Revenue, notify by first-class mail each taxpayer,
   66  the property appraiser, and the department of the decision of
   67  the board.
   68         Section 3. Section 197.162, Florida Statutes, is amended to
   69  read:
   70         197.162 Discounts; amount and time.—On all taxes assessed
   71  on the county tax rolls and collected by the county tax
   72  collector, discounts for early payment thereof shall be at the
   73  rate of 4 percent in the month of November or at any time within
   74  30 days after the mailing of the original tax notice; 3 percent
   75  in the month of December; 2 percent in the following month of
   76  January; 1 percent in the following month of February; and zero
   77  percent in the following month of March or within 30 days prior
   78  to the date of delinquency if the date of delinquency is after
   79  April 1. When a taxpayer makes a request to have the original
   80  tax notice corrected, the discount rate for early payment
   81  applicable at the time the request for correction is made shall
   82  apply for 30 days after the mailing of the corrected tax notice.
   83  A discount shall apply at the rate of 4 percent for 30 days
   84  after the mailing of a tax notice resulting from the action of a
   85  value adjustment board if the corrected tax notice is issued
   86  before the taxes become delinquent pursuant to s. 197.333.
   87  Thereafter, the regular discount periods shall apply. For the
   88  purposes of this section, when a discount period ends on a
   89  Saturday, Sunday, or legal holiday, the discount period shall be
   90  extended to the next working day, if payment is delivered to a
   91  designated collection office of the tax collector.
   92         Section 4. This act shall take effect July 1, 2011, and
   93  applies to petitions filed with value adjustment boards on or
   94  after July 1, 2011.
   95  
   96  ================= T I T L E  A M E N D M E N T ================
   97         And the title is amended as follows:
   98         Delete everything before the enacting clause
   99  and insert:
  100                        A bill to be entitled                      
  101         An act relating to value adjustment boards; creating
  102         s. 194.014, F.S.; requiring a petitioner challenging
  103         the assessed value of property before the value
  104         adjustment board to pay a specified percentage of the
  105         taxes by a certain date; requiring a petitioner
  106         challenging the denial of a classification or
  107         exemption, or the assessment on specified grounds,
  108         before the value adjustment board to pay the amount of
  109         tax which the taxpayer admits in good faith to be
  110         owing by a certain date; providing for a penalty if
  111         the taxpayer’s payment is grossly disproportionate to
  112         the amount of tax found to be due and the taxpayer’s
  113         admission was not made in good faith; requiring the
  114         board to deny the petition in writing by a certain
  115         date if the required amount of taxes is not timely
  116         paid; requiring the payment of interest on certain
  117         unpaid taxes; requiring the payment of interest on
  118         certain overpayments of taxes; providing that s.
  119         194.014, F.S., does not apply to petitions for ad
  120         valorem deferrals pursuant to ch. 197, F.S.; amending
  121         s. 194.034, F.S.; conforming provisions to changes
  122         made by the act; amending s. 197.162, F.S.; revising a
  123         provision providing for a discount for ad valorem
  124         taxes paid within 30 days after the mailing of a
  125         corrected tax notice resulting from the action of a
  126         value adjustment if the corrected tax notice is issued
  127         before the taxes become delinquent; providing for
  128         application of the act; providing an effective date.