Amendment
Bill No. 0261
Amendment No. 169697
CHAMBER ACTION
Senate House
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1Representative(s) Attkisson, Lopez-Cantera, and Saunders offered
2the following:
3
4     Amendment (with title amendment)
5     Remove line(s) 298-328, and insert:
6     194.301  Burden of proof in ad valorem tax assessment
7challenges Presumption of correctness.--In any administrative or
8judicial proceeding action in which a taxpayer challenges an ad
9valorem tax assessment of value is challenged, the burden of
10proof shall be upon the party initiating the proceeding and such
11party shall have the burden of proving by a preponderance of the
12evidence that the assessment, as established by the property
13appraiser or the value adjustment board, is incorrect property
14appraiser's assessment shall be presumed correct. This
15presumption of correctness is lost if the taxpayer shows by a
16preponderance of the evidence that either the property appraiser
17has failed to consider properly the criteria in s. 193.011 or if
18the property appraiser's assessment is arbitrarily based on
19appraisal practices which are different from the appraisal
20practices generally applied by the property appraiser to
21comparable property within the same class and within the same
22county. If the presumption of correctness is lost, the taxpayer
23shall have the burden of proving by a preponderance of the
24evidence that the appraiser's assessment is in excess of just
25value. If the presumption of correctness is retained, the
26taxpayer shall have the burden of proving by clear and
27convincing evidence that the appraiser's assessment is in excess
28of just value. In no case shall the taxpayer have the burden of
29proving that the property appraiser's assessment is not
30supported by any reasonable hypothesis of a legal assessment. If
31the property appraiser's assessment is determined to be
32erroneous, the Value Adjustment Board or the court can establish
33the assessment if there exists competent, substantial evidence
34in the record, which cumulatively meets the requirements of s.
35193.011. If the record lacks competent, substantial evidence
36meeting the just value criteria of s. 193.011, the matter shall
37be remanded to the property appraiser with appropriate
38directions from the Value Adjustment Board or the court.
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40======= T I T L E  A M E N D M E N T =======
41     Remove line(s) 36-40 and insert:
42imposing a burden of proof on a party challenging an
43ad valorem tax assessment of value; deleting
44provisions providing a presumption of correctness of
45property appraiser's assessments and imposing
46requirements on taxpayers to prove assessments
47excessive; providing an


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