1 | House Joint Resolution |
2 | A joint resolution proposing an amendment to Section 25 of |
3 | Article I of the State Constitution to expand the |
4 | Taxpayers' Bill of Rights to entitle a full and fair |
5 | opportunity to challenge the property appraiser's |
6 | assessment of the value of property, specify criteria for |
7 | such challenges, and require the Legislature to adopt |
8 | implementing legislation by a certain date. |
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10 | Be It Resolved by the Legislature of the State of Florida: |
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12 | That the following amendment to Section 25 of Article I of |
13 | the State Constitution is agreed to and shall be submitted to |
14 | the electors of this state for approval or rejection at the next |
15 | general election or at an earlier special election specifically |
16 | authorized by law for that purpose: |
17 | ARTICLE I |
18 | DECLARATION OF RIGHTS |
19 | SECTION 25. Taxpayers' Bill of Rights.-- |
20 | (a) By general law the legislature shall prescribe and |
21 | adopt a Taxpayers' Bill of Rights that, in clear and concise |
22 | language, sets forth taxpayers' rights and responsibilities and |
23 | government's responsibilities to deal fairly with taxpayers |
24 | under the laws of this state. This section shall be effective |
25 | July 1, 1993. |
26 | (b)(1) Every taxpayer or other person contesting the |
27 | assessment of ad valorem taxes is entitled to a full and fair |
28 | opportunity to challenge a property appraiser's assessment of |
29 | the value of the property for purposes of all taxation. |
30 | (2) In any challenge to an assessment brought by the |
31 | taxpayer or person contesting the assessment: |
32 | a. The property appraiser's assessment shall enjoy no |
33 | presumption of correctness and the property appraiser shall bear |
34 | the burden of proving by a preponderance of the evidence that |
35 | the assessment does not exceed the property's just value. |
36 | b. Evidence that an assessment is based upon appraisal |
37 | practices that differ from those applied to comparable property |
38 | within the state shall be relevant in determining whether the |
39 | assessment exceeds just value. |
40 | (c) Following voter approval of this amendment, the |
41 | legislature shall adopt legislation implementing this section |
42 | and having an effective date no later than January 1, 2009. |
43 | BE IT FURTHER RESOLVED that the following statement be |
44 | placed on the ballot: |
45 | CONSTITUTIONAL AMENDMENT |
46 | ARTICLE I, SECTION 25 |
47 | TAXPAYERS' BILL OF RIGHTS.--Proposing an amendment to the |
48 | State Constitution to entitle persons contesting the assessment |
49 | of ad valorem taxes to a full and fair opportunity to challenge |
50 | the property appraiser's assessment of the value of property; to |
51 | specify in any challenge to the property appraiser's assessment |
52 | of value for purposes of taxation that the property appraiser's |
53 | assessment enjoys no presumption of correctness, require the |
54 | property appraiser to prove by a preponderance of the evidence |
55 | that the assessment does not exceed the property's just value, |
56 | and declare the relevance of evidence that the assessment is |
57 | based on appraisal practices differing from practices applied to |
58 | comparable property; and to require the Legislature to adopt |
59 | implementing legislation effective no later than January 1, |
60 | 2009. |