Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. SB 4-D
                        Barcode 831234
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: WD/2R            .                    
       10/17/2007 03:04 PM         .                    
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11  Senator Atwater moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 6, line 8, through
15            page 8, line 11, delete those lines
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17  and insert:  
18         194.301  Burden of proof in assessment challenges
19  Presumption of correctness.--
20         (1)  In any administrative or judicial action in which
21  a taxpayer challenges an ad valorem tax assessment of value,
22  the property appraiser shall have the burden of proving that
23  the assessment was arrived at in compliance with s. 193.011
24  using established standards of professional appraisal
25  practice. If proven, the appraiser's assessment shall be
26  presumed correct. The taxpayer shall then have the burden of
27  proving by a preponderance of the evidence that the assessment
28  of value is in excess of just value or that the assessment is
29  based on appraisal practices that are different from the
30  appraisal practices generally applied by the property
31  appraiser to comparable property within the same class in the
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    6:23 PM   10/16/07                              s0004Dc-25-j16

Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 831234 1 county. This presumption of correctness is lost if the 2 taxpayer shows by a preponderance of the evidence that either 3 the property appraiser has failed to consider properly the 4 criteria in s. 193.011 or if the property appraiser's 5 assessment is arbitrarily based on appraisal practices which 6 are different from the appraisal practices generally applied 7 by the property appraiser to comparable property within the 8 same class and within the same county. If the presumption of 9 correctness is lost, the taxpayer shall have the burden of 10 proving by a preponderance of the evidence that the 11 appraiser's assessment is in excess of just value. If the 12 presumption of correctness is retained, the taxpayer shall 13 have the burden of proving by clear and convincing evidence 14 that the appraiser's assessment is in excess of just value. In 15 no case shall the taxpayer have the burden of proving that the 16 property appraiser's assessment is not supported by any 17 reasonable hypothesis of a legal assessment. 18 (2) If the property appraiser's assessment is found 19 determined to be erroneous, the value adjustment board or the 20 court can determine establish the assessment if there exists 21 competent, substantial evidence in the record, which 22 cumulatively meets the requirements of s. 193.011. If the 23 record lacks such competent, substantial evidence meeting the 24 just value criteria of s. 193.011, the matter shall be 25 remanded to the property appraiser with appropriate directions 26 from the value adjustment board or the court. 27 (3) In any administrative or judicial action in which 28 a grant or denial of an exemption or assessment classification 29 is challenged, the property appraiser shall have the burden of 30 proving that his or her grant or denial is in compliance with 31 laws governing such exemption or assessment classification. 2 6:23 PM 10/16/07 s0004Dc-25-j16
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-D Barcode 831234 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, lines 3-12, delete those lines 4 5 and insert: 6 amending s. 194.301, F.S.; revising criteria, 7 requirements, and assignment of the burden of 8 proof in assessment challenges; requiring a 9 property appraiser to prove that assessment 10 classifications comply with applicable law; 11 providing for the amendments to s. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 6:23 PM 10/16/07 s0004Dc-25-j16