| 1 | A bill to be entitled |
| 2 | An act relating to just valuation of property; amending s. |
| 3 | 193.011, F.S.; specifying prohibited conditions precedent |
| 4 | to use of present cash value of property as a just |
| 5 | valuation factor; revising the condition of property just |
| 6 | valuation factor; requiring property appraisers to use |
| 7 | only the income factor in arriving at just value of |
| 8 | certain income-producing properties; creating s. 193.018, |
| 9 | F.S.; authorizing owners of certain properties to enter |
| 10 | into deed-restriction agreements with counties for certain |
| 11 | purposes; requiring property appraisers to consider deed- |
| 12 | restriction agreements in determining just value; |
| 13 | providing for payment of back taxes plus interest if the |
| 14 | deed-restriction agreement is terminated early; amending |
| 15 | s. 194.011, F.S.; requiring property appraisers to |
| 16 | establish receipt of disputed receipt of assessment |
| 17 | notices; revising provisions relating to provision of |
| 18 | evidence by petitioners and property appraisers; amending |
| 19 | s. 194.013, F.S.; requiring value adjustment boards to |
| 20 | waive a petition filing fee for taxpayers eligible for |
| 21 | certain constitutional exemptions; amending s. 194.015, |
| 22 | F.S.; revising the membership of value adjustment boards, |
| 23 | appointment criteria, and quorum requirements; amending s. |
| 24 | 194.032, F.S.; providing for criteria for rescheduling |
| 25 | certain hearings under certain circumstances; amending s. |
| 26 | 194.034, F.S.; requiring value adjustment boards to order |
| 27 | refund of certain filing fees if a determination of a |
| 28 | property appraiser is overturned; amending s. 194.192, |
| 29 | F.S.; providing for judgments against property appraisers |
| 30 | under certain circumstances; providing for assessment and |
| 31 | award of attorney fees to taxpayers under certain |
| 32 | circumstances; amending s. 194.301, F.S.; requiring |
| 33 | property appraisers to provide evidence of correctness of |
| 34 | assessments in certain actions; deleting provisions |
| 35 | providing a presumption of correctness of property |
| 36 | appraiser's assessments and imposing requirements on |
| 37 | taxpayers to prove assessments excessive; providing an |
| 38 | effective date. |
| 39 |
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| 40 | Be It Enacted by the Legislature of the State of Florida: |
| 41 |
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| 42 | Section 1. Effective upon this act becoming a law and |
| 43 | applicable to assessments beginning January 1, 2008, section |
| 44 | 193.011, Florida Statutes, is amended to read: |
| 45 | 193.011 Factors to consider in deriving just valuation.-- |
| 46 | (1) In arriving at just valuation as required under s. 4, |
| 47 | Art. VII of the State Constitution, the property appraiser shall |
| 48 | take into consideration the following factors: |
| 49 | (a)(1) The present cash value of the property, which is |
| 50 | the amount a willing purchaser would pay a willing seller, |
| 51 | exclusive of reasonable fees and costs of purchase including |
| 52 | costs of removal of tangible personal property, in cash or the |
| 53 | immediate equivalent thereof in a transaction at arm's length, |
| 54 | which does not require as a condition precedent to the proposed |
| 55 | use of the property: |
| 56 | 1. The granting of a variance from existing zoning; |
| 57 | 2. A change in zoning; |
| 58 | 3. Relief from any existing local ordinance or regulation; |
| 59 | 4. Relief from any judicial limitation; or |
| 60 | 5. The permitting of the intended use of the property by |
| 61 | the state or any state agency, local or regional agency, local |
| 62 | or regional government, or taxing authority; |
| 63 | (b)(2) The highest and best use to which the property can |
| 64 | be expected to be put in the immediate future, which does not |
| 65 | require satisfaction of any of the conditions precedent |
| 66 | enumerated in paragraph (a), and the present use of the |
| 67 | property, taking into consideration any applicable judicial |
| 68 | limitation, local or state land use regulation, or historic |
| 69 | preservation ordinance, and considering any moratorium imposed |
| 70 | by executive order, law, ordinance, regulation, resolution, or |
| 71 | proclamation adopted by any governmental body or agency or the |
| 72 | Governor when the moratorium or judicial limitation prohibits or |
| 73 | restricts the development or improvement of property as |
| 74 | otherwise authorized by applicable law. The applicable |
| 75 | governmental body or agency or the Governor shall notify the |
| 76 | property appraiser in writing of any executive order, ordinance, |
| 77 | regulation, resolution, or proclamation it adopts imposing any |
| 78 | such limitation, regulation, or moratorium; |
| 79 | (c)(3) The location of said property; |
| 80 | (d)(4) The quantity or size of said property; |
| 81 | (e)(5) The cost of said property and the present |
| 82 | replacement value of any improvements thereon; |
| 83 | (f)(6) The condition of said property. Each property's |
| 84 | individual characteristics shall be considered when determining |
| 85 | physical deterioration, functional obsolescence, and external |
| 86 | obsolescence; |
| 87 | (g)(7) The income from said property; and |
| 88 | (h)(8) The net proceeds of the sale of the property, as |
| 89 | received by the seller, after deduction of all of the usual and |
| 90 | reasonable fees and costs of the sale, including the costs and |
| 91 | expenses of financing, and allowance for unconventional or |
| 92 | atypical terms of financing arrangements. When the net proceeds |
| 93 | of the sale of any property are utilized, directly or |
| 94 | indirectly, in the determination of just valuation of realty of |
| 95 | the sold parcel or any other parcel under the provisions of this |
| 96 | section, the property appraiser, for the purposes of such |
| 97 | determination, shall exclude any portion of such net proceeds |
| 98 | attributable to payments for household furnishings or other |
| 99 | items of personal property. |
| 100 | (2) Notwithstanding the requirement that property |
| 101 | appraisers consider all of the factors enumerated in subsection |
| 102 | (1) in arriving at just valuation, property appraisers shall |
| 103 | consider only the income from income-producing property in the |
| 104 | case of all residential rental property and all commercial |
| 105 | property that is leased to more than one legal entity, each of |
| 106 | which conducts a separate business activity on the property, in |
| 107 | determining the just valuation of such property. |
| 108 | Section 2. Section 193.018, Florida Statutes, is created |
| 109 | to read: |
| 110 | 193.018 Assessment of deed-restricted property.-- |
| 111 | (1) The owner of residential rental property providing |
| 112 | affordable housing, multiunit commercial rental property, |
| 113 | property used as a marina, or property rented for use by mobile |
| 114 | homes may enter into a deed-restriction agreement with the |
| 115 | county to maintain the property at its current use for a period |
| 116 | of at least 5 years. |
| 117 | (2) The property appraiser shall consider the deed- |
| 118 | restriction agreement in determining the just value of the |
| 119 | property. |
| 120 | (3) If, prior to the expiration of the deed-restriction |
| 121 | agreement, the property is not used for the purposes set forth |
| 122 | in the deed-restriction agreement, the deed-restriction |
| 123 | agreement shall be terminated and the property owner shall pay |
| 124 | to the county an amount equal to the additional taxes that would |
| 125 | have been paid in prior years had the deed-restriction agreement |
| 126 | not been in effect, plus 12 percent interest. |
| 127 | Section 3. Paragraph (d) of subsection (3) and subsection |
| 128 | (4) of section 194.011, Florida Statutes, are amended to read: |
| 129 | 194.011 Assessment notice; objections to assessments.-- |
| 130 | (3) A petition to the value adjustment board must be in |
| 131 | substantially the form prescribed by the department. |
| 132 | Notwithstanding s. 195.022, a county officer may not refuse to |
| 133 | accept a form provided by the department for this purpose if the |
| 134 | taxpayer chooses to use it. A petition to the value adjustment |
| 135 | board shall describe the property by parcel number and shall be |
| 136 | filed as follows: |
| 137 | (d) The petition may be filed, as to valuation issues, at |
| 138 | any time during the taxable year on or before the 25th day |
| 139 | following the mailing of notice by the property appraiser as |
| 140 | provided in subsection (1). If the actual receipt of the notice |
| 141 | is disputed, the burden of proof shall be on the property |
| 142 | appraiser to establish receipt by clear and convincing evidence. |
| 143 | With respect to an issue involving the denial of an exemption, |
| 144 | an agricultural or high-water recharge classification |
| 145 | application, an application for classification as historic |
| 146 | property used for commercial or certain nonprofit purposes, or a |
| 147 | deferral, the petition must be filed at any time during the |
| 148 | taxable year on or before the 30th day following the mailing of |
| 149 | the notice by the property appraiser under s. 193.461, s. |
| 150 | 193.503, s. 193.625, or s. 196.193 or notice by the tax |
| 151 | collector under s. 197.253. |
| 152 | (4)(a) At least 15 days before the hearing, the petitioner |
| 153 | shall provide to the property appraiser a list of evidence to be |
| 154 | presented at the hearing, together with copies of all |
| 155 | documentation to be considered by the value adjustment board and |
| 156 | a summary of evidence to be presented by witnesses. Failure of |
| 157 | the petitioner to timely comply with the requirements of this |
| 158 | paragraph shall result in the rescheduling of the hearing. |
| 159 | (b) At least 15 No later than 7 days before the hearing, |
| 160 | if the petitioner has provided the information required under |
| 161 | paragraph (a), and if requested in writing by the petitioner, |
| 162 | the property appraiser shall provide to the petitioner a list of |
| 163 | evidence to be presented at the hearing, together with copies of |
| 164 | all documentation to be considered by the value adjustment board |
| 165 | and a summary of evidence to be presented by witnesses. The |
| 166 | evidence list must contain the property record card if provided |
| 167 | by the clerk. Failure of the property appraiser to timely comply |
| 168 | with the requirements of this paragraph shall result in a |
| 169 | rescheduling of the hearing. |
| 170 | Section 4. Subsection (2) of section 194.013, Florida |
| 171 | Statutes, is amended to read: |
| 172 | 194.013 Filing fees for petitions; disposition; waiver.-- |
| 173 | (2) The value adjustment board shall waive the filing fee |
| 174 | with respect to a petition filed by a taxpayer who is eligible |
| 175 | to receive one or more of the exemptions under s. 6(c), (f), or |
| 176 | (g), Art. VII of the State Constitution, regardless of whether |
| 177 | the taxpayer's local government grants the additional local |
| 178 | homestead exemptions. The filing fee also shall be waived for a |
| 179 | taxpayer who demonstrates at the time of filing, by an |
| 180 | appropriate certificate or other documentation issued by the |
| 181 | Department of Children and Family Services and submitted with |
| 182 | the petition, that the petitioner is then an eligible recipient |
| 183 | of temporary assistance under chapter 414. |
| 184 | Section 5. Section 194.015, Florida Statutes, is amended |
| 185 | to read: |
| 186 | 194.015 Value adjustment board.-- |
| 187 | (1) There is hereby created a value adjustment board for |
| 188 | each county, which shall consist of five members. |
| 189 | (2)(a)1. Three members shall be appointed by of the |
| 190 | governing body of the county, as follows: |
| 191 | a. One member must own a homestead property within the |
| 192 | county. |
| 193 | b. One member must own a business that occupies commercial |
| 194 | space located within the county. |
| 195 | c. An appointee may not be a member or an employee of any |
| 196 | taxing authority. |
| 197 | 2. as elected from the membership of the board of said |
| 198 | governing body, One of such appointees whom shall be elected |
| 199 | chairperson. |
| 200 | (b) , and Two members shall be appointed by of the school |
| 201 | board, as follows: |
| 202 | 1. One member must own a business that occupies commercial |
| 203 | space located within the school district. |
| 204 | 2. One member must be eligible to receive one or more of |
| 205 | the exemptions under s. 6(c), (f), or (g), Art. VII of the State |
| 206 | Constitution, regardless of whether the taxpayer's local |
| 207 | government grants the additional local homestead exemptions. |
| 208 | 3. An appointee may not be a member or an employee of any |
| 209 | taxing authority as elected from the membership of the school |
| 210 | board. The members of the board may be temporarily replaced by |
| 211 | other members of the respective boards on appointment by their |
| 212 | respective chairpersons. |
| 213 | (3) Any three members shall constitute a quorum of the |
| 214 | board, except that each quorum must include at least one member |
| 215 | appointed by the of said governing body of the county board and |
| 216 | at least one member appointed by of the school board, and no |
| 217 | meeting of the board shall take place unless a quorum is |
| 218 | present. |
| 219 | (4) Members of the board may receive such per diem |
| 220 | compensation as is allowed by law for state employees if both |
| 221 | bodies elect to allow such compensation. |
| 222 | (5) The clerk of the governing body of the county shall be |
| 223 | the clerk of the value adjustment board. |
| 224 | (6)(a) The office of the county attorney may be counsel to |
| 225 | the board unless the county attorney represents the property |
| 226 | appraiser, in which instance the board shall appoint private |
| 227 | counsel who has practiced law for over 5 years and who shall |
| 228 | receive such compensation as may be established by the board. |
| 229 | (b) Meetings No meeting of the board may not shall take |
| 230 | place unless counsel to the board is present. However, counsel |
| 231 | for the property appraiser shall not be required when the county |
| 232 | attorney represents only the board at the board hearings, even |
| 233 | though the county attorney may represent the property appraiser |
| 234 | in other matters or at a different time. |
| 235 | (7) Two-fifths of the expenses of the board shall be borne |
| 236 | by the district school board and three-fifths by the district |
| 237 | county commission. |
| 238 | Section 6. Subsection (2) of section 194.032, Florida |
| 239 | Statutes, is amended to read: |
| 240 | 194.032 Hearing purposes; timetable.-- |
| 241 | (2) The clerk of the governing body of the county shall |
| 242 | prepare a schedule of appearances before the board based on |
| 243 | petitions timely filed with him or her. The clerk shall notify |
| 244 | each petitioner of the scheduled time of his or her appearance |
| 245 | no less than 25 calendar days prior to the day of such scheduled |
| 246 | appearance. Upon receipt of this notification, the petitioner |
| 247 | shall have the right to reschedule the hearing an unlimited |
| 248 | number of times for the failure of the property appraiser to |
| 249 | comply with the requirements of s. 194.011(4)(b). The petitioner |
| 250 | shall also have the right to reschedule the hearing a single |
| 251 | time by submitting to the clerk of the governing body of the |
| 252 | county a written request to reschedule, no less than 5 calendar |
| 253 | days before the day of the originally scheduled hearing. |
| 254 | Additional rescheduling of the hearing may be granted to the |
| 255 | taxpayer upon receipt of an affidavit from a physician which |
| 256 | states a medical reason as to why the petitioner needs to |
| 257 | reschedule the hearing. A copy of the property record card |
| 258 | containing relevant information used in computing the taxpayer's |
| 259 | current assessment shall be included with such notice, if said |
| 260 | card was requested by the taxpayer. Such request shall be made |
| 261 | by checking an appropriate box on the petition form. No |
| 262 | petitioner shall be required to wait for more than 4 hours from |
| 263 | the scheduled time; and, if his or her petition is not heard in |
| 264 | that time, the petitioner may, at his or her option, report to |
| 265 | the chairperson of the meeting that he or she intends to leave; |
| 266 | and, if he or she is not heard immediately, the petitioner's |
| 267 | hearing shall be rescheduled for a time reserved exclusively for |
| 268 | the petitioner administrative remedies will be deemed to be |
| 269 | exhausted, and he or she may seek further relief as he or she |
| 270 | deems appropriate. Failure on three occasions with respect to |
| 271 | any single tax year to convene at the scheduled time of meetings |
| 272 | of the board shall constitute grounds for removal from office by |
| 273 | the Governor for neglect of duties. |
| 274 | Section 7. Subsection (2) of section 194.034, Florida |
| 275 | Statutes, is amended to read: |
| 276 | 194.034 Hearing procedures; rules.-- |
| 277 | (2) In each case, except when a complaint is withdrawn by |
| 278 | the petitioner or is acknowledged as correct by the property |
| 279 | appraiser, the value adjustment board shall render a written |
| 280 | decision. All such decisions shall be issued within 20 calendar |
| 281 | days of the last day the board is in session under s. 194.032. |
| 282 | The decision of the board shall contain findings of fact and |
| 283 | conclusions of law and shall include reasons for upholding or |
| 284 | overturning the determination of the property appraiser. If the |
| 285 | determination of the property appraiser is overturned, the board |
| 286 | shall order the refunding of the filing fee required by s. |
| 287 | 194.013. When a special magistrate has been appointed, the |
| 288 | recommendations of the special magistrate shall be considered by |
| 289 | the board. The clerk, upon issuance of the decisions, shall, on |
| 290 | a form provided by the Department of Revenue, notify by first- |
| 291 | class mail each taxpayer, the property appraiser, and the |
| 292 | department of the decision of the board. |
| 293 | Section 8. Subsection (3) is added to section 194.192, |
| 294 | Florida Statutes, to read: |
| 295 | 194.192 Costs; interest on unpaid taxes; penalty; attorney |
| 296 | fees.-- |
| 297 | (3) If the court finds that the amount owed by the |
| 298 | taxpayer is less than the amount of tax paid, the court shall |
| 299 | enter judgment against the appraiser at the rate of 12 percent |
| 300 | per year from the date of payment. If the final assessment |
| 301 | established by the court is lower than the value assessed by the |
| 302 | property appraiser by more than 10 percent, the court shall |
| 303 | assess and award reasonable attorney fees to the taxpayer. |
| 304 | Section 9. Section 194.301, Florida Statutes, is amended |
| 305 | to read: |
| 306 | 194.301 Presumption of correctness.--In any administrative |
| 307 | or judicial action in which a taxpayer challenges an ad valorem |
| 308 | tax assessment of value, the property appraiser shall have the |
| 309 | burden of providing by clear and convincing evidence that the |
| 310 | assessment is correct. In any judicial action, the burden of |
| 311 | proof shall be upon the party initiating the action appraiser's |
| 312 | assessment shall be presumed correct. This presumption of |
| 313 | correctness is lost if the taxpayer shows by a preponderance of |
| 314 | the evidence that either the property appraiser has failed to |
| 315 | consider properly the criteria in s. 193.011 or if the property |
| 316 | appraiser's assessment is arbitrarily based on appraisal |
| 317 | practices which are different from the appraisal practices |
| 318 | generally applied by the property appraiser to comparable |
| 319 | property within the same class and within the same county. If |
| 320 | the presumption of correctness is lost, the taxpayer shall have |
| 321 | the burden of proving by a preponderance of the evidence that |
| 322 | the appraiser's assessment is in excess of just value. If the |
| 323 | presumption of correctness is retained, the taxpayer shall have |
| 324 | the burden of proving by clear and convincing evidence that the |
| 325 | appraiser's assessment is in excess of just value. In no case |
| 326 | shall the taxpayer have the burden of proving that the property |
| 327 | appraiser's assessment is not supported by any reasonable |
| 328 | hypothesis of a legal assessment. If the property appraiser's |
| 329 | assessment is determined to be erroneous, the Value Adjustment |
| 330 | Board or the court can establish the assessment if there exists |
| 331 | competent, substantial evidence in the record, which |
| 332 | cumulatively meets the requirements of s. 193.011. If the record |
| 333 | lacks competent, substantial evidence meeting the just value |
| 334 | criteria of s. 193.011, the matter shall be remanded to the |
| 335 | property appraiser with appropriate directions from the Value |
| 336 | Adjustment Board or the court. |
| 337 | Section 10. This act shall take effect upon becoming a |
| 338 | law. |