House Bill hb1941

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    Florida House of Representatives - 2002                HB 1941

        By the Committee on Fiscal Policy & Resources and
    Representative Wallace





  1                      A bill to be entitled

  2         An act relating to property tax administration;

  3         amending s. 195.062, F.S.; authorizing the

  4         Department of Revenue to update certain

  5         guidelines for tangible personal property

  6         assessment; authorizing incorporation of

  7         certain information into the guidelines under

  8         certain circumstances; specifying

  9         nonapplication of certain administrative

10         procedures; amending s. 197.182, F.S.;

11         establishing procedures and time periods for

12         approval or denial of property tax refund

13         claims; providing duties of the department,

14         property appraiser, and tax collector; amending

15         s. 200.069, F.S.; revising and clarifying

16         requirements for the notice of proposed

17         property taxes and non-ad valorem assessments;

18         authorizing the department to adjust the

19         placement of required information on certain

20         forms; providing an effective date.

21

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

23

24         Section 1.  Subsection (1) of section 195.062, Florida

25  Statutes, is amended to read:

26         195.062  Manual of instructions.--

27         (1)  The department shall prepare and maintain a

28  current manual of instructions for property appraisers and

29  other officials connected with the administration of property

30  taxes. This manual shall contain all:

31         (a)  Rules and regulations.

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  1         (b)  Standard measures of value.

  2         (c)  Forms and instructions relating to the use of

  3  forms and maps.

  4

  5  Consistent with s. 195.032, the standard measures of value

  6  shall be adopted in general conformity with the procedures set

  7  forth in s. 120.54, but shall not have the force or effect of

  8  such rules and shall be used only to assist tax officers in

  9  the assessment of property as provided by s. 195.002.

10  Guidelines may be updated annually to incorporate new market

11  data, which may be in tabular form. Such new data may be

12  incorporated into the guidelines on the approval of the

13  executive director if after notice in substantial conformity

14  with s. 120.54 there is no objection filed with the department

15  within 45 days, and the procedures set forth in s. 120.54 do

16  not apply.

17         Section 2.  Paragraphs (e), (f), (g), (h), (i), (j),

18  (k), and (l) are added to subsection (1) of section 197.182,

19  Florida Statutes, to read:

20         197.182  Department of Revenue to pass upon and order

21  refunds.--

22         (1)

23         (e)  If funds are available from current receipts and,

24  subject to subsection (3), if a refund is approved, the

25  taxpayer is entitled to receive a refund within 100 days after

26  a claim for refund is made, unless the tax collector, property

27  appraiser, or department states good cause for remitting the

28  refund after that date. The times stated in this paragraph and

29  paragraphs (g) through (j) are directory and may be extended

30  by a maximum of an additional 60 days if good cause is stated.

31

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  1         (f)  If the taxpayer contacts the property appraiser

  2  first, the property appraiser shall refer the taxpayer to the

  3  tax collector.

  4         (g)  If a correction to the roll by the property

  5  appraiser is required as a condition for the refund, the tax

  6  collector shall, within 30 days, advise the property appraiser

  7  of the taxpayer's application for a refund and forward the

  8  application to the property appraiser.

  9         (h)  The property appraiser has 30 days after receipt

10  of the form from the tax collector to correct the roll if a

11  correction is permissible by law. After that time, the request

12  is considered to be denied. If a refund is denied under this

13  paragraph and no good cause has been shown, the tax collector

14  shall issue the denial in writing to the taxpayer.

15         (i)  If the refund is not one that can be directly

16  acted upon by the tax collector and for which an order from

17  the department is required, the tax collector shall forward

18  the claim for refund to the department upon receipt of the

19  correction from the property appraiser or 30 days after the

20  claim for refund, whichever occurs first. This provision does

21  not apply to corrections resulting in refunds of less than

22  $400 which the tax collector shall make directly without order

23  from the department and from undistributed funds and may make

24  without approval of the various taxing authorities.

25         (j)  The department shall approve or deny all refunds

26  within 30 days after receiving from the tax collector the

27  claim for refund unless good cause is stated for delaying the

28  approval or denial beyond that date.

29         (k)  Subject to and after meeting the requirements of

30  s. 194.171 and this section, an action to contest a denial of

31  refund may not be brought later than 60 days after the date

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  1  the tax collector issues the denial to the taxpayer, which

  2  notice must be sent by certified mail or 4 years after January

  3  1 of the year for which the taxes were paid, whichever is

  4  later.

  5         (l)  In computing any time period under this section,

  6  when the last day of the period is a Saturday, Sunday, or

  7  legal holiday, the period is to be extended to the next

  8  working day.

  9         Section 3.  Section 200.069, Florida Statutes, is

10  amended to read:

11         200.069  Notice of proposed property taxes and non-ad

12  valorem assessments.--Pursuant to s. 200.065(2)(b), the

13  property appraiser, in the name of the taxing authorities and

14  local governing boards levying non-ad valorem assessments

15  within his or her jurisdiction and at the expense of the

16  county, shall prepare and deliver by first-class mail to each

17  taxpayer to be listed on the current year's assessment roll a

18  notice of proposed property taxes, which notice shall contain

19  the elements and use the format provided be in substantially

20  the following form. Notwithstanding the provisions of s.

21  195.022, no county officer shall use a form other than that

22  provided in this section by the department for this purpose,

23  except as provided in s. 200.065(13). The department may

24  adjust the spacing and placement on the form of the elements

25  listed in this section as the department considers necessary

26  based on changes in conditions necessitated by various taxing

27  authorities. If the elements are in the order listed, the

28  placement of the listed columns may be varied at the

29  discretion and expense of the property appraiser and the

30  property appraiser may use printing technology and devices to

31  complete the form, spacing, and placement of the information

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  1  in the columns. A county officer may use a form other than

  2  that provided by the department for purposes of this part but

  3  only if his or her office pays the related expenses and he or

  4  she obtains prior written permission from the executive

  5  director of the department; however, a county officer may not

  6  use a form the substantive content of which is at variance

  7  with the form prescribed by the department. The county officer

  8  may continue to use such an approved form until the law that

  9  specifies the form is amended or repealed or until the officer

10  receives written disapproval from the executive director.

11         (1)  The notice shall read:

12

13                NOTICE OF PROPOSED PROPERTY TAXES

14                  DO NOT PAY--THIS IS NOT A BILL

15

16         The taxing authorities which levy property taxes

17  against your property will soon hold PUBLIC HEARINGS to adopt

18  budgets and tax rates for the next year.

19         The purpose of these PUBLIC HEARINGS is to receive

20  opinions from the general public and to answer questions on

21  the proposed tax change and budget PRIOR TO TAKING FINAL

22  ACTION.

23         Each taxing authority may AMEND OR ALTER its proposals

24  at the hearing.

25

26         (2)  The notice shall further contain information

27  applicable to the specific parcel in question.  The

28  information shall be in columnar form. There shall be five

29  column headings which shall read:  "Taxing Authority," "Your

30  Property Taxes Last Year," "Your Taxes This Year IF PROPOSED

31  Budget Change is Made," "A Public Hearing on the Proposed

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  1  Taxes and Budget Will be Held:", and "Your Taxes This Year IF

  2  NO Budget Change is Made."

  3         (3)  There shall be under each column heading an entry

  4  for the county; the school district levy required pursuant to

  5  s. 236.02(6); other operating school levies; the municipality

  6  or municipal service taxing unit or units in which the parcel

  7  lies, if any; the water management district levying pursuant

  8  to s. 373.503; the independent special districts in which the

  9  parcel lies, if any; and for all voted levies for debt service

10  applicable to the parcel, if any.

11         (4)  For each entry listed in subsection (3), there

12  shall appear on the notice the following:

13         (a)  In the first column, a brief, commonly used name

14  for the taxing authority or its governing body. The entry in

15  the first column for the levy required pursuant to s.

16  236.02(6) shall be "By State Law." The entry for other

17  operating school district levies shall be "By Local Board."

18  Both school levy entries shall be indented and preceded by the

19  notation "Public Schools:". For each voted levy for debt

20  service, the entry shall be "Voter Approved Debt Payments."

21         (b)  In the second column, the gross amount of ad

22  valorem taxes levied against the parcel in the previous year.

23  If the parcel did not exist in the previous year, the second

24  column shall be blank.

25         (c)  In the third column, the gross amount of ad

26  valorem taxes proposed to be levied in the current year, which

27  amount shall be based on the proposed millage rates provided

28  to the property appraiser pursuant to s. 200.065(2)(b) or, in

29  the case of voted levies for debt service, the millage rate

30  previously authorized by referendum, and the taxable value of

31  the parcel as shown on the current year's assessment roll.

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  1         (d)  In the fourth column, the date, the time, and a

  2  brief description of the location of the public hearing

  3  required pursuant to s. 200.065(2)(c).

  4         (e)  In the fifth column, the gross amount of ad

  5  valorem taxes which would apply to the parcel in the current

  6  year if each taxing authority were to levy the rolled-back

  7  rate computed pursuant to s. 200.065(1) or, in the case of

  8  voted levies for debt service, the amount previously

  9  authorized by referendum.

10         (f)  For special assessments collected utilizing the ad

11  valorem method pursuant to s. 197.363, the previous year's

12  assessment amount shall be added to the ad valorem taxes shown

13  in the second and fifth columns, and the amount proposed to be

14  imposed for the current year shall be added to the ad valorem

15  taxes shown in the third column.

16         (5)  The amounts shown on each line preceding each

17  entry for voted levies for debt service shall include the sum

18  of all ad valorem levies of the applicable unit of local

19  government for operating purposes, including those of

20  dependent special districts (except for municipal service

21  taxing units, which shall be listed on the line for

22  municipalities), and all nonvoted or nondebt service special

23  assessments imposed by the applicable unit of local government

24  to be collected utilizing the ad valorem method.

25         (6)  Following the entries for each taxing authority, a

26  final entry shall show:  in the first column, the words "Total

27  Property Taxes:" and in the second, third, and fifth columns,

28  the sum of the entries for each of the individual taxing

29  authorities.  The second, third, and fifth columns shall,

30  immediately below said entries, be labeled Column 1, Column 2,

31  and Column 3, respectively.  Below these labels shall appear,

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  1  in boldfaced type, the statement:  SEE REVERSE SIDE FOR

  2  EXPLANATION.

  3         (7)  The notice shall further show a brief legal

  4  description of the property and the name and mailing address

  5  of the owner of record.

  6         (8)  The notice shall further read:

  7

  8                 Market       Assessed       Exemp-       Taxable

  9                 Value         Value         tions         Value

10  Your Property

11  Value Last

12  Year         $.........    $.........    $.........    $.........

13  Your Property

14  Value This

15  Year         $.........    $.........    $.........    $.........

16

17         If you feel that the market value of your property is

18  inaccurate or does not reflect fair market value, contact your

19  county property appraiser at ...(phone number)... or

20  ...(location)....

21         If the property appraiser's office is unable to resolve

22  the matter as to market value, you may file a petition for

23  adjustment with the Value Adjustment Board. Petition forms are

24  available from the county property appraiser and must be filed

25  ON OR BEFORE ...(date)....

26

27         (9)  The reverse side of the form shall read:

28

29                           EXPLANATION

30

31  *COLUMN 1--"YOUR PROPERTY TAXES LAST YEAR"

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  1  This column shows the taxes that applied last year to your

  2  property. These amounts were based on budgets adopted last

  3  year and your property's previous taxable value.

  4  *COLUMN 2--"YOUR TAXES IF PROPOSED BUDGET CHANGE IS MADE"

  5  This column shows what your taxes will be this year under the

  6  BUDGET ACTUALLY PROPOSED by each local taxing authority. The

  7  proposal is NOT final and may be amended at the public

  8  hearings shown on the front side of this notice.

  9  *COLUMN 3--"YOUR TAXES IF NO BUDGET CHANGE IS MADE"

10  This column shows what your taxes will be this year IF EACH

11  TAXING AUTHORITY DOES NOT INCREASE ITS PROPERTY TAX LEVY.

12  These amounts are based on last year's budgets and your

13  current assessment. The difference between columns 2 and 3 is

14  the tax change proposed by each local taxing authority and is

15  NOT the result of higher assessments.

16         ASSESSED VALUE means:

17         For homestead property: value as limited by the State

18  Constitution;

19         For agricultural and similarly assessed property:

20  classified use value;

21         For all other property: market value.

22

23  *Note: Amounts shown on this form do NOT reflect early payment

24  discounts you may have received or may be eligible to receive.

25  (Discounts are a maximum of 4 percent of the amounts shown on

26  this form.)

27

28         (10)  The front side of the form required pursuant to

29  this section shall approximate in all essential respects the

30  facsimile set forth in this subsection as it appears in s. 26,

31

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  1  chapter 80-274, Laws of Florida, except for amendments

  2  subsequent to 1980.

  3         (10)(11)  The bottom portion of the notice shall

  4  further read in bold, conspicuous print:

  5

  6         "Your final tax bill may contain non-ad valorem

  7         assessments which may not be reflected on this

  8         notice such as assessments for roads, fire,

  9         garbage, lighting, drainage, water, sewer, or

10         other governmental services and facilities

11         which may be levied by your county, city, or

12         any special district."

13

14         (11)(12)(a)  If requested by the local governing board

15  levying non-ad valorem assessments and agreed to by the

16  property appraiser, the notice specified in this section may

17  contain a notice of proposed or adopted non-ad valorem

18  assessments.  If so agreed, the notice shall be titled:

19

20                NOTICE OF PROPOSED PROPERTY TAXES

21                     AND PROPOSED OR ADOPTED

22                    NON-AD VALOREM ASSESSMENTS

23                  DO NOT PAY--THIS IS NOT A BILL

24

25  There must be a clear partition between the notice of proposed

26  property taxes and the notice of proposed or adopted non-ad

27  valorem assessments.  The partition must be a bold, horizontal

28  line approximately  1/8 -inch thick.  By rule, the department

29  shall provide a format for the form of the notice of proposed

30  or adopted non-ad valorem assessments which meets the

31  following minimum requirements:

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  1         1.  There must be subheading for columns listing the

  2  levying local governing board, with corresponding assessment

  3  rates expressed in dollars and cents per unit of assessment,

  4  and the associated assessment amount.

  5         2.  The purpose of each assessment must also be listed

  6  in the column listing the levying local governing board if the

  7  purpose is not clearly indicated by the name of the board.

  8         3.  Each non-ad valorem assessment for each levying

  9  local governing board must be listed separately.

10         4.  If a county has too many municipal service benefit

11  units or assessments to be listed separately, it shall combine

12  them by function.

13         5.  A brief statement outlining the responsibility of

14  the tax collector and each levying local governing board as to

15  any non-ad valorem assessment must be provided on the form,

16  accompanied by directions as to which office to contact for

17  particular questions or problems.

18         (b)  If the notice includes all adopted non-ad valorem

19  assessments, the provisions contained in subsection (10) (11)

20  shall not be placed on the notice.

21         Section 4.  This act shall take effect January 1, 2003.

22

23            *****************************************

24                          HOUSE SUMMARY

25
      Authorizes the department to update the guidelines for
26    tangible personal property assessment upon the approval
      of the executive director. Establishes procedures and
27    timelines for approval or denial of property tax refund
      claims. Provides that the department may adjust the
28    placement of required information on Truth-In-Millage
      forms.
29

30

31

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