1 | Representative(s) Attkisson, Lopez-Cantera, and Saunders offered |
2 | the following: |
3 |
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4 | Amendment (with title amendment) |
5 | Remove line(s) 298-328, and insert: |
6 | 194.301 Burden of proof in ad valorem tax assessment |
7 | challenges Presumption of correctness.--In any administrative or |
8 | judicial proceeding action in which a taxpayer challenges an ad |
9 | valorem tax assessment of value is challenged, the burden of |
10 | proof shall be upon the party initiating the proceeding and such |
11 | party shall have the burden of proving by a preponderance of the |
12 | evidence that the assessment, as established by the property |
13 | appraiser or the value adjustment board, is incorrect property |
14 | appraiser's assessment shall be presumed correct. This |
15 | presumption of correctness is lost if the taxpayer shows by a |
16 | preponderance of the evidence that either the property appraiser |
17 | has failed to consider properly the criteria in s. 193.011 or if |
18 | the property appraiser's assessment is arbitrarily based on |
19 | appraisal practices which are different from the appraisal |
20 | practices generally applied by the property appraiser to |
21 | comparable property within the same class and within the same |
22 | county. If the presumption of correctness is lost, the taxpayer |
23 | shall have the burden of proving by a preponderance of the |
24 | evidence that the appraiser's assessment is in excess of just |
25 | value. If the presumption of correctness is retained, the |
26 | taxpayer shall have the burden of proving by clear and |
27 | convincing evidence that the appraiser's assessment is in excess |
28 | of just value. In no case shall the taxpayer have the burden of |
29 | proving that the property appraiser's assessment is not |
30 | supported by any reasonable hypothesis of a legal assessment. If |
31 | the property appraiser's assessment is determined to be |
32 | erroneous, the Value Adjustment Board or the court can establish |
33 | the assessment if there exists competent, substantial evidence |
34 | in the record, which cumulatively meets the requirements of s. |
35 | 193.011. If the record lacks competent, substantial evidence |
36 | meeting the just value criteria of s. 193.011, the matter shall |
37 | be remanded to the property appraiser with appropriate |
38 | directions from the Value Adjustment Board or the court. |
39 |
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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: |
42 | imposing a burden of proof on a party challenging an |
43 | ad valorem tax assessment of value; deleting |
44 | provisions providing a presumption of correctness of |
45 | property appraiser's assessments and imposing |
46 | requirements on taxpayers to prove assessments |
47 | excessive; providing an |