House Bill 1555er

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    ENROLLED

    1998 Legislature                      HB 1555, First Engrossed



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  2         An act relating to public notice requirements;

  3         amending s. 170.07, F.S.; revising the time for

  4         providing written notice of assessment for

  5         municipal improvements to property owners;

  6         amending s. 194.032, F.S.; revising the time

  7         period during which a value adjustment board

  8         hearing may be held; revising the time for

  9         notice to a petitioner of the scheduled time of

10         appearance before the board; providing an

11         effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 170.07, Florida Statutes, is

16  amended to read:

17         170.07  Publication of preliminary assessment

18  roll.--Upon the completion of said preliminary assessment

19  roll, the governing authority of the municipality shall by

20  resolution fix a time and place at which the owners of the

21  property to be assessed or any other persons interested

22  therein may appear before said governing authority and be

23  heard as to the propriety and advisability of making such

24  improvements, as to the cost thereof, as to the manner of

25  payment therefor, and as to the amount thereof to be assessed

26  against each property so improved. Thirty Ten days' notice in

27  writing of such time and place shall be given to such property

28  owners.  The notice shall include the amount of the assessment

29  and shall be served by mailing a copy to each of such property

30  owners at his or her last known address, the names and

31  addresses of such property owners to be obtained from the


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    ENROLLED

    1998 Legislature                      HB 1555, First Engrossed



  1  records of the property appraiser or from such other sources

  2  as the city or town clerk or engineer deems reliable, proof of

  3  such mailing to be made by the affidavit of the clerk or

  4  deputy clerk of said municipality, or by the engineer, said

  5  proof to be filed with the clerk, provided, that failure to

  6  mail said notice or notices shall not invalidate any of the

  7  proceedings hereunder.  Notice of the time and place of such

  8  hearing shall also be given by two publications a week apart

  9  in a newspaper of general circulation in said municipality,

10  and if there be no newspaper published in said municipality

11  the governing authority of said municipality shall cause said

12  notice to be published in like manner in a newspaper of

13  general circulation published in the county in which said

14  municipality is located; provided that the last publication

15  shall be at least 1 week prior to the date of the hearing.

16  Said notice shall describe the streets or other areas to be

17  improved and advise all persons interested that the

18  description of each property to be assessed and the amount to

19  be assessed to each piece or parcel of property may be

20  ascertained at the office of the clerk of the municipality.

21  Such service by publication shall be verified by the affidavit

22  of the publisher and filed with the clerk of said

23  municipality.

24         Section 2.  Section 194.032, Florida Statutes, is

25  amended to read:

26         194.032  Hearing purposes; timetable.--

27         (1)(a)  The value adjustment board shall meet not

28  earlier than 30 days and not later than 60 45 days after the

29  mailing of the notice provided in s. 194.011(1); however, no

30  board hearing shall be held before approval of all or any part

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    ENROLLED

    1998 Legislature                      HB 1555, First Engrossed



  1  of the assessment rolls by the Department of Revenue. The

  2  board shall meet for the following purposes:

  3         1.  Hearing petitions relating to assessments filed

  4  pursuant to s. 194.011(3).

  5         2.  Hearing complaints relating to homestead exemptions

  6  as provided for under s. 196.151.

  7         3.  Hearing appeals from exemptions denied, or disputes

  8  arising from exemptions granted, upon the filing of exemption

  9  applications under s. 196.011.

10         4.  Hearing appeals concerning ad valorem tax deferrals

11  and classifications.

12         (b)  Notwithstanding the provisions of paragraph (a),

13  the value adjustment board may meet prior to the approval of

14  the assessment rolls by the Department of Revenue, but not

15  earlier than July 1, to hear appeals pertaining to the denial

16  by the property appraiser of exemptions, agricultural and

17  high-water recharge classifications, and deferrals under

18  subparagraphs (a)2., 3., and 4.  In such event, however, the

19  board may not certify any assessments under s. 193.122 until

20  the Department of Revenue has approved the assessments in

21  accordance with s. 193.1142 and all hearings have been held

22  with respect to the particular parcel under appeal.

23         (c)  In no event may a hearing be held pursuant to this

24  subsection relative to valuation issues prior to completion of

25  the hearings required under s. 200.065(2)(c).

26         (2)  The clerk of the governing body of the county

27  shall prepare a schedule of appearances before the board based

28  on petitions timely filed with him or her.  The clerk shall

29  notify each petitioner of the scheduled time of his or her

30  appearance no less than 15 5 calendar days prior to the day of

31  such scheduled appearance.  A copy of the property record card


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    ENROLLED

    1998 Legislature                      HB 1555, First Engrossed



  1  containing relevant information used in computing the

  2  taxpayer's current assessment shall be included with such

  3  notice, if said card was requested by the taxpayer.  Such

  4  request shall be made by checking an appropriate box on the

  5  petition form.  No petitioner shall be required to wait for

  6  more than 4 hours from the scheduled time; and, if his or her

  7  petition is not heard in that time, the petitioner may, at his

  8  or her option, report to the chairperson of the meeting that

  9  he or she intends to leave; and, if he or she is not heard

10  immediately, the petitioner's administrative remedies will be

11  deemed to be exhausted, and he or she may seek further relief

12  as he or she deems appropriate. Failure on three occasions

13  with respect to any single tax year to convene at the

14  scheduled time of meetings of the board shall constitute

15  grounds for removal from office by the Governor for neglect of

16  duties.

17         (3)  The board shall remain in session from day to day

18  until all petitions, complaints, appeals, and disputes are

19  heard. If all or any part of an assessment roll has been

20  disapproved by the department pursuant to s. 193.1142, the

21  board shall reconvene to hear petitions, complaints, or

22  appeals and disputes filed upon the finally approved roll or

23  part of a roll.

24         Section 3.  This act shall take effect January 1, 1999.

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