Florida Senate - 2011                              CS for SB 880
       
       
       
       By the Committee on Budget; and Senator Garcia
       
       
       
       
       576-04968-11                                           2011880c1
    1                        A bill to be entitled                      
    2         An act relating to value adjustment boards; creating
    3         s. 194.014, F.S.; requiring a petitioner challenging
    4         the assessed value of property before the value
    5         adjustment board to pay a specified percentage of the
    6         taxes by a certain date; requiring a petitioner
    7         challenging the denial of a classification or
    8         exemption, or the assessment on specified grounds,
    9         before the value adjustment board to pay the amount of
   10         tax which the taxpayer admits in good faith to be
   11         owing by a certain date; providing for a penalty if
   12         the taxpayer’s payment is grossly disproportionate to
   13         the amount of tax found to be due and the taxpayer’s
   14         admission was not made in good faith; requiring the
   15         board to deny the petition in writing by a certain
   16         date if the required amount of taxes is not timely
   17         paid; requiring the payment of interest on certain
   18         unpaid taxes; requiring the payment of interest on
   19         certain overpayments of taxes; providing that s.
   20         194.014, F.S., does not apply to petitions for ad
   21         valorem deferrals pursuant to ch. 197, F.S.; amending
   22         s. 194.034, F.S.; conforming provisions to changes
   23         made by the act; amending s. 197.162, F.S.; revising a
   24         provision providing for a discount for ad valorem
   25         taxes paid within 30 days after the mailing of a
   26         corrected tax notice resulting from the action of a
   27         value adjustment if the corrected tax notice is issued
   28         before the taxes become delinquent; providing for
   29         application of the act; providing an effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 194.014, Florida Statutes, is created to
   34  read:
   35         194.014 Partial payment of ad valorem taxes; proceedings
   36  before value adjustment board.—
   37         (1)(a) A petitioner before the value adjustment board who
   38  challenges the assessed value of property must pay all of the
   39  non-ad valorem assessments and make a partial payment of at
   40  least 75 percent of the ad valorem taxes, less the applicable
   41  discount under s. 197.162, before the taxes become delinquent
   42  pursuant to s. 197.333.
   43         (b)1. A petitioner before the value adjustment board who
   44  challenges the denial of a classification or exemption, or the
   45  assessment based on an argument that the property was not
   46  substantially complete as of January 1, must pay all of the non
   47  ad valorem assessments and the amount of the tax which the
   48  taxpayer admits in good faith to be owing, less the applicable
   49  discount under s. 197.162, before the taxes become delinquent
   50  pursuant to s. 197.333.
   51         2. If the value adjustment board determines that the amount
   52  of the tax that the taxpayer has admitted to be owing pursuant
   53  to this paragraph is grossly disproportionate to the amount of
   54  the tax found to be due and that the taxpayer’s admission was
   55  not made in good faith, the tax collector shall collect a
   56  penalty at the rate of 10 percent of the deficiency per year
   57  from the date the taxes became delinquent pursuant to s.
   58  197.333.
   59         (c) The value adjustment board shall deny the petition by
   60  written decision by April 20 if the petitioner fails to make the
   61  payment required by this subsection. The clerk, upon issuance of
   62  the decision, shall, on a form provided by the Department of
   63  Revenue, notify by first-class mail each taxpayer, the property
   64  appraiser, and the department of the decision of the board.
   65         (2) If the value adjustment board determines that the
   66  petitioner owes ad valorem taxes in excess of the amount paid,
   67  the unpaid amount accrues interest at the rate of 12 percent per
   68  year from the date the taxes became delinquent pursuant to s.
   69  197.333, until the unpaid amount is paid. If the value
   70  adjustment board determines that a refund is due, the overpaid
   71  amount accrues interest at the rate of 12 percent per year from
   72  the date the taxes became delinquent pursuant to s. 197.333,
   73  until a refund is paid. Interest does not accrue on amounts paid
   74  in excess of 100 percent of the current taxes due as provided on
   75  the tax notice issued pursuant to s. 197.322.
   76         (3) This section does not apply to petitions for ad valorem
   77  tax deferrals pursuant to chapter 197.
   78         Section 2. Subsection (2) of section 194.034, Florida
   79  Statutes, is amended to read:
   80         194.034 Hearing procedures; rules.—
   81         (2) In each case, except when a complaint is withdrawn by
   82  the petitioner, or is acknowledged as correct by the property
   83  appraiser, or is denied pursuant to s. 194.014(1)(c), the value
   84  adjustment board shall render a written decision. All such
   85  decisions shall be issued within 20 calendar days of the last
   86  day the board is in session under s. 194.032. The decision of
   87  the board shall contain findings of fact and conclusions of law
   88  and shall include reasons for upholding or overturning the
   89  determination of the property appraiser. When a special
   90  magistrate has been appointed, the recommendations of the
   91  special magistrate shall be considered by the board. The clerk,
   92  upon issuance of the decisions, shall, on a form provided by the
   93  Department of Revenue, notify by first-class mail each taxpayer,
   94  the property appraiser, and the department of the decision of
   95  the board.
   96         Section 3. Section 197.162, Florida Statutes, is amended to
   97  read:
   98         197.162 Discounts; amount and time.—On all taxes assessed
   99  on the county tax rolls and collected by the county tax
  100  collector, discounts for early payment thereof shall be at the
  101  rate of 4 percent in the month of November or at any time within
  102  30 days after the mailing of the original tax notice; 3 percent
  103  in the month of December; 2 percent in the following month of
  104  January; 1 percent in the following month of February; and zero
  105  percent in the following month of March or within 30 days prior
  106  to the date of delinquency if the date of delinquency is after
  107  April 1. When a taxpayer makes a request to have the original
  108  tax notice corrected, the discount rate for early payment
  109  applicable at the time the request for correction is made shall
  110  apply for 30 days after the mailing of the corrected tax notice.
  111  A discount shall apply at the rate of 4 percent for 30 days
  112  after the mailing of a tax notice resulting from the action of a
  113  value adjustment board if the corrected tax notice is issued
  114  before the taxes become delinquent pursuant to s. 197.333.
  115  Thereafter, the regular discount periods shall apply. For the
  116  purposes of this section, when a discount period ends on a
  117  Saturday, Sunday, or legal holiday, the discount period shall be
  118  extended to the next working day, if payment is delivered to a
  119  designated collection office of the tax collector.
  120         Section 4. This act shall take effect July 1, 2011, and
  121  applies to petitions filed with value adjustment boards on or
  122  after July 1, 2011.