CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No. 1

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  The Committee on Comprehensive Planning, Local and Military

12  Affairs recommended the following amendment:

13

14         Senate Amendment (with title amendment) 

15         Delete everything after the enacting clause

16

17  and insert:

18         Section 1.  Section 192.0105, Florida Statutes, is

19  created to read:

20         192.0105  Taxpayer rights.--There is created a Florida

21  Taxpayer's Bill of Rights for property taxes and assessments

22  to guarantee that the rights, privacy, and property of the

23  taxpayers of this state are adequately safeguarded and

24  protected during tax levy, assessment, collection, and

25  enforcement processes administered under the revenue laws of

26  this state. The Taxpayer's Bill of Rights compiles, in one

27  document, brief but comprehensive statements that summarize

28  the rights and obligations of the property appraisers, tax

29  collectors, clerks of the court, local governing boards, the

30  Department of Revenue, and taxpayers. The rights afforded

31  taxpayers to assure that their privacy and property are

                                  1
    10:48 AM   04/18/00                                s1918.ca.01




                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No. 1





 1  safeguarded and protected during tax levy, assessment, and

 2  collection are available only insofar as they are implemented

 3  in other parts of the Florida Statutes or rules of the

 4  Department of Revenue. The rights so guaranteed to state

 5  taxpayers in the Florida Statutes and the departmental rules

 6  include:

 7         (1)  THE RIGHT TO KNOW.--

 8         (a)  The right to be mailed notice of proposed property

 9  taxes and proposed or adopted non-ad valorem assessments (see

10  ss. 194.011(1), 200.065(2)(b) and (d) and (13)(a), and

11  200.069). The notice must also inform the taxpayer that the

12  final tax bill may contain additional non-ad valorem

13  assessments (see s. 200.069(12)).

14         (b)  The right to notification of a public hearing on

15  each taxing authority's tentative budget and proposed millage

16  rate and advertisement of a public hearing to finalize the

17  budget and adopt a millage rate (see s. 200.065(2)(c) and

18  (d)).

19         (c)  The right to advertised notice of the amount by

20  which the tentatively adopted millage rate results in taxes

21  that exceed the previous year's taxes (see s. 200.065(2)(d)

22  and (3)). The right to notification by first-class mail of a

23  comparison of the amount of the taxes to be levied from the

24  proposed millage rate under the tentative budget change,

25  compared to the previous year's taxes, and also compared to

26  the taxes that would be levied if no budget change is made

27  (see ss. 200.065(2)(b) and 200.069(2), (3), (4), and (9)).

28         (d)  The right that the adopted millage rate will not

29  exceed the tentatively adopted millage rate. If the tentative

30  rate exceeds the proposed rate, each taxpayer shall be mailed

31  notice comparing his or her taxes under the tentatively

                                  2
    10:48 AM   04/18/00                                s1918.ca.01




                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No. 1





 1  adopted millage rate to the taxes under the previously

 2  proposed rate, before a hearing to finalize the budget and

 3  adopt millage (see s. 200.065(2)(d)).

 4         (e)  The right to be sent notice by first-class mail of

 5  a non-ad valorem assessment hearing at least 20 days before

 6  the hearing with pertinent information, including the total

 7  amount to be levied against each parcel. All affected property

 8  owners have the right to appear at the hearing and to file

 9  written objections with the local governing board (see s.

10  197.3632(4)(b) and (c) and (10)(b)2.b.).

11         (f)  The right of an exemption recipient to be sent a

12  renewal application for that exemption, the right to a receipt

13  for homestead exemption claim when filed, and the right to

14  notice of denial of the exemption (see ss. 196.011(6),

15  196.131(1), 196.151, and 196.193(1)(c) and (5)).

16         (g)  The right, on property determined not to have been

17  entitled to homestead exemption in a prior year, to notice of

18  intent from the property appraiser to record notice of tax

19  lien and the right to pay tax, penalty, and interest before a

20  tax lien is recorded for any prior year (see s.

21  196.161(1)(b)).

22         (h)  The right to be informed during the tax collection

23  process, including: notice of tax due; notice of back taxes;

24  notice of late taxes and assessments and consequences of

25  nonpayment; opportunity to pay estimated taxes and non-ad

26  valorem assessments when the tax roll will not be certified in

27  time; notice when interest begins to accrue on delinquent

28  provisional taxes; notice of the right to prepay estimated

29  taxes by installment; a statement of the taxpayer's estimated

30  tax liability for use in making installment payments; and

31  notice of right to defer taxes and non-ad valorem assessments

                                  3
    10:48 AM   04/18/00                                s1918.ca.01




                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No. 1





 1  on homestead property (see ss. 197.322(3), 197.3635, 197.343,

 2  197.363(2)(c), 197.222(3) and (5), 197.2301(3),

 3  197.3632(8)(a), 193.1145(10)(a), and 197.254(1)).

 4         (i)  The right to an advertisement in a newspaper

 5  listing names of taxpayers who are delinquent in paying

 6  tangible personal property taxes, with amounts due, and giving

 7  notice that interest is accruing at 18 percent and that,

 8  unless taxes are paid, warrants will be issued, prior to

 9  petition made with the circuit court for an order to seize and

10  sell property (see s. 197.402(2)).

11         (j)  The right to be mailed notice when a petition has

12  been filed with the court for an order to seize and sell

13  property and the right to be mailed notice, and to be served

14  notice by the sheriff, before the date of sale, that

15  application for tax deed has been made and property will be

16  sold unless back taxes are paid (see ss. 197.413(5),

17  197.502(4)(a), and 197.522(1)(a) and (2)).

18         (2)  THE RIGHT TO DUE PROCESS.--

19         (a)  The right to an informal conference with the

20  property appraiser to present facts the taxpayer considers to

21  support changing the assessment and to have the property

22  appraiser present facts supportive of the assessment upon

23  proper request of any taxpayer who objects to the assessment

24  placed on his or her property (see s. 194.011(2)).

25         (b)  The right to petition the value adjustment board

26  over objections to assessments, denial of exemption, denial of

27  agricultural classification, denial of historic

28  classification, denial of high-water recharge classification,

29  disapproval of tax deferral, and any penalties on deferred

30  taxes imposed for incorrect information willfully filed.

31  Payment of estimated taxes does not preclude the right of the

                                  4
    10:48 AM   04/18/00                                s1918.ca.01




                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No. 1





 1  taxpayer to challenge his or her assessment (see ss.

 2  194.011(3), 196.011(6) and (9)(a), 196.151, 196.193(1)(c) and

 3  (5), 193.461(2), 193.503(7), 193.625(2), 197.253(2),

 4  197.301(2), and 197.2301(11)).

 5         (c)  The right to file a petition for exemption or

 6  agricultural classification with the value adjustment board

 7  when an application deadline is missed, upon demonstration of

 8  particular extenuating circumstances for filing late (see ss.

 9  193.461(3)(a) and 196.011(1), (7), (8), and (9)(c)).

10         (d)  The right to prior notice of the value adjustment

11  board's hearing date and the right to the hearing within 4

12  hours of scheduled time (see s. 194.032(2)).

13         (e)  The right to notice of date of certification of

14  tax rolls and receipt of property record card if requested

15  (see ss. 193.122(2) and (3) and 194.032(2)).

16         (f)  The right, in value adjustment board proceedings,

17  to have all evidence presented and considered at a public

18  hearing at the scheduled time, to be represented by attorney

19  or agent, to have witnesses sworn and cross-examined, and to

20  examine property appraisers or evaluators employed by the

21  board who present testimony (see ss. 194.034(1)(a) and (c) and

22  (4), and 194.035(2)).

23         (g)  The right to be mailed a timely written decision

24  by the value adjustment board containing findings of fact and

25  conclusions of law and reasons for upholding or overturning

26  the determination of the property appraiser, and the right to

27  advertised notice of all board actions, including appropriate

28  narrative and column descriptions, in brief and nontechnical

29  language (see ss. 194.034(2) and 194.037(3)).

30         (h)  The right at a public hearing on non-ad valorem

31  assessments or municipal special assessments to provide

                                  5
    10:48 AM   04/18/00                                s1918.ca.01




                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No. 1





 1  written objections and to provide testimony to the local

 2  governing board (see ss. 197.3632(4)(c) and 170.08).

 3         (i)  The right to bring action in circuit court to

 4  contest a tax assessment or appeal value adjustment board

 5  decisions to disapprove exemption or deny tax deferral (see

 6  ss. 194.036(1)(c) and (2), 194.171, 196.151, and 197.253(2)).

 7         (3)  THE RIGHT TO REDRESS.--

 8         (a)  The right to discounts for early payment on all

 9  taxes and non-ad valorem assessments collected by the tax

10  collector, the right to pay installment payments with

11  discounts, and the right to pay delinquent personal property

12  taxes under an installment payment program when implemented by

13  the county tax collector (see ss. 197.162, 197.3632(8) and

14  (10)(b)3., 197.222(1), and 197.4155).

15         (b)  The right, upon filing a challenge in circuit

16  court and paying taxes admitted in good faith to be owing, to

17  be issued a receipt and have suspended all procedures for the

18  collection of taxes until the final disposition of the action

19  (see s. 194.171(3)).

20         (c)  The right to have penalties reduced or waived upon

21  a showing of good cause when a return is not intentionally

22  filed late, and the right to pay interest at a reduced rate if

23  the court finds that the amount of tax owed by the taxpayer is

24  greater than the amount the taxpayer has in good faith

25  admitted and paid (see ss. 193.072(4) and 194.192(2)).

26         (d)  The right to a refund when overpayment of taxes

27  has been made under specified circumstances (see ss.

28  193.1145(8)(e) and 197.182(1)).

29         (e)  The right to an extension to file a tangible

30  personal property tax return upon making proper and timely

31  request (see s. 193.063).

                                  6
    10:48 AM   04/18/00                                s1918.ca.01




                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No. 1





 1         (f)  The right to redeem real property and redeem tax

 2  certificates at any time before a tax deed is issued, and the

 3  right to have tax certificates canceled if sold where taxes

 4  had been paid or if other error makes it void or correctable.

 5  Property owners have the right to be free from contact by a

 6  certificateholder for 2 years (see ss. 197.432(14) and (15),

 7  197.442(1), 197.443, and 197.472(1) and (7)).

 8         (g)  The right of the taxpayer, property appraiser, tax

 9  collector, or the department, as the prevailing party in a

10  judicial or administrative action brought or maintained

11  without the support of justiciable issues of fact or law, to

12  recover all costs of the administrative or judicial action,

13  including reasonable attorney's fees, and of the department

14  and the taxpayer to settle such claims through negotiations

15  (see ss. 57.105 and 57.111).

16         (4)  THE RIGHT TO CONFIDENTIALITY.--

17         (a)  The right to have information kept confidential,

18  including federal tax information, ad valorem tax returns,

19  social security numbers, all financial records produced by the

20  taxpayer, Form DR-219 returns for documentary stamp tax

21  information, and sworn statements of gross income, copies of

22  federal income tax returns for the prior year, wage and

23  earnings statements (W-2 forms), and other documents (see ss.

24  192.105, 193.074, 193.114(6), 195.027(3) and (6), and

25  196.101(4)(c)).

26         (b)  The right to limiting access to a taxpayer's

27  records by a property appraiser, the Department of Revenue,

28  and the Auditor General only to those instances in which it is

29  determined that such records are necessary to determine either

30  the classification or the value of taxable nonhomestead

31  property (see s. 195.027(3)).

                                  7
    10:48 AM   04/18/00                                s1918.ca.01




                                                  SENATE AMENDMENT

    Bill No. SB 1918

    Amendment No. 1





 1         Section 2.  This act shall take effect upon becoming a

 2  law.

 3

 4

 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7         Delete everything before the enacting clause

 8

 9  and insert:

10                      A bill to be entitled

11         An act relating to ad valorem taxation;

12         creating s. 192.0105, F.S.; creating the

13         Florida Taxpayer's Bill of Rights for property

14         taxes and assessments, which compiles taxpayer

15         rights as found in the Florida Statutes and

16         rules of the Department of Revenue, including

17         the right to know, the right to due process,

18         the right to redress, and the right to

19         confidentiality; providing an effective date.

20

21

22

23

24

25

26

27

28

29

30

31

                                  8
    10:48 AM   04/18/00                                s1918.ca.01