1 | A bill to be entitled |
2 | An act relating to ad valorem taxation; amending s. |
3 | 193.011, F.S.; clarifying factors that a property |
4 | appraiser must consider in deriving just valuation; |
5 | amending s. 193.461, F.S.; revising criteria for |
6 | classifying agricultural lands; amending s. 194.011, F.S.; |
7 | requiring the Department of Revenue to develop a uniform |
8 | policies and procedures manual for use in proceedings |
9 | before value adjustment boards; specifying availability |
10 | requirements for such manual; amending s. 194.035, F.S.; |
11 | requiring certain persons in certain counties to attend |
12 | special magistrate training under certain circumstances; |
13 | providing a fee exemption; requiring value adjustment |
14 | boards to verify the qualifications of special magistrates |
15 | prior to appointment; providing selection criteria; |
16 | requiring the department to provide and conduct training |
17 | for special magistrates; providing training requirements; |
18 | requiring the department to charge tuition fees; providing |
19 | for deposit of such fees; amending s. 194.037, F.S.; |
20 | revising information required to be provided on the |
21 | disclosure of tax impact form; providing legislative |
22 | intent; specifying that taxpayers are precluded from |
23 | having certain burdens of proof; amending s. 195.002, |
24 | F.S.; conforming provisions to changes made by the act; |
25 | amending s. 195.052, F.S.; specifying requirements for |
26 | data to be published by the Department of Revenue; |
27 | extending the publication period; providing an effective |
28 | date. |
29 |
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30 | Be It Enacted by the Legislature of the State of Florida: |
31 |
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32 | Section 1. Section 193.011, Florida Statutes, is amended |
33 | to read: |
34 | 193.011 Factors to consider in deriving just |
35 | valuation.--In arriving at just valuation as required under s. |
36 | 4, Art. VII of the State Constitution, the property appraiser |
37 | shall take into consideration the following factors: |
38 | (1) The present cash value of the property, which is the |
39 | amount a willing purchaser would pay a willing seller, exclusive |
40 | of reasonable fees and costs of purchase, in cash or the |
41 | immediate equivalent thereof in a transaction at arm's length; |
42 | (2) The highest and best use to which the property can be |
43 | expected to be put in the immediate future and the present use |
44 | of the property, taking into consideration the legally |
45 | permissible use of the property, including any applicable |
46 | judicial limitation, local or state land use regulation, or |
47 | historic preservation ordinance, and any zoning changes, |
48 | concurrency requirements, and permits necessary to achieve the |
49 | highest and best use, and considering any moratorium imposed by |
50 | executive order, law, ordinance, regulation, resolution, or |
51 | proclamation adopted by any governmental body or agency or the |
52 | Governor when the moratorium or judicial limitation prohibits or |
53 | restricts the development or improvement of property as |
54 | otherwise authorized by applicable law. The applicable |
55 | governmental body or agency or the Governor shall notify the |
56 | property appraiser in writing of any executive order, ordinance, |
57 | regulation, resolution, or proclamation it adopts imposing any |
58 | such limitation, regulation, or moratorium; |
59 | (3) The location of said property; |
60 | (4) The quantity or size of said property; |
61 | (5) The cost of said property and the present replacement |
62 | value of any improvements thereon; |
63 | (6) The condition of said property; |
64 | (7) The income from said property; and |
65 | (8) The net proceeds of the sale of the property, as |
66 | received by the seller, after deduction of all of the usual and |
67 | reasonable fees and costs of the sale, including the costs and |
68 | expenses of financing, and allowance for unconventional or |
69 | atypical terms of financing arrangements. When the net proceeds |
70 | of the sale of any property are utilized, directly or |
71 | indirectly, in the determination of just valuation of realty of |
72 | the sold parcel or any other parcel under the provisions of this |
73 | section, the property appraiser, for the purposes of such |
74 | determination, shall exclude any portion of such net proceeds |
75 | attributable to payments for household furnishings or other |
76 | items of personal property. |
77 | Section 2. Paragraph (b) of subsection (3) of section |
78 | 193.461, Florida Statutes, is amended to read: |
79 | 193.461 Agricultural lands; classification and assessment; |
80 | mandated eradication or quarantine program.-- |
81 | (3) |
82 | (b) Subject to the restrictions set out in this section, |
83 | only lands which are used primarily for bona fide agricultural |
84 | purposes shall be classified agricultural. "Bona fide |
85 | agricultural purposes" means good faith commercial agricultural |
86 | use of the land. In determining whether the use of the land for |
87 | agricultural purposes is bona fide, the following factors may be |
88 | taken into consideration: |
89 | 1. The length of time the land has been so used. utilized; |
90 | 2. Whether the use has been continuous.; |
91 | 3. The purchase price paid.; |
92 | 4. Size, as it relates to specific agricultural use, but |
93 | in no event shall a minimum acreage be required for agricultural |
94 | assessment.; |
95 | 5. Whether an indicated effort has been made to care |
96 | sufficiently and adequately for the land in accordance with |
97 | accepted commercial agricultural practices, including, without |
98 | limitation, fertilizing, liming, tilling, mowing, reforesting, |
99 | and other accepted agricultural practices.; |
100 | 6. Whether such land is under lease and, if so, the |
101 | effective length, terms, and conditions of the lease.; and |
102 | 7. Such other factors as may from time to time become |
103 | applicable. |
104 | Section 3. Subsection (5) of section 194.011, Florida |
105 | Statutes, is amended to read: |
106 | 194.011 Assessment notice; objections to assessments.-- |
107 | (5)(a) The department shall by rule prescribe uniform |
108 | procedures for hearings before the value adjustment board which |
109 | include requiring: |
110 | 1.(a) Procedures for the exchange of information and |
111 | evidence by the property appraiser and the petitioner consistent |
112 | with s. 194.032.; and |
113 | 2.(b) That the value adjustment board hold an |
114 | organizational meeting for the purpose of making these |
115 | procedures available to petitioners. |
116 | (b) The department shall develop a uniform policies and |
117 | procedures manual that shall be used by value adjustment boards, |
118 | special magistrates, and taxpayers in proceedings before value |
119 | adjustment boards. The manual shall be made available, at a |
120 | minimum, on the department's website and on the existing |
121 | websites of the clerks of circuit courts. |
122 | Section 4. Section 194.015, Florida Statutes, is amended |
123 | to read: |
124 | 194.015 Value adjustment board.--There is hereby created a |
125 | value adjustment board for each county, which shall consist of |
126 | two three members of the governing body of the county as elected |
127 | from the membership of the board of said governing body, one of |
128 | whom shall be elected chairperson, and one member two members of |
129 | the school board as elected from the membership of the school |
130 | board, and two citizen members, one of whom shall be appointed |
131 | by the governing body of the county and must own homestead |
132 | property within the county and one of whom must be appointed by |
133 | the school board and must own a business occupying commercial |
134 | space located within the school district. A citizen member may |
135 | not be a member or an employee of any taxing authority, and may |
136 | not be a person who represents property owners in any |
137 | administrative or judicial review of property taxes. The members |
138 | of the board may be temporarily replaced by other members of the |
139 | respective boards on appointment by their respective |
140 | chairpersons. Any three members shall constitute a quorum of the |
141 | board, except that each quorum must include at least one member |
142 | of said governing board, and at least one member of the school |
143 | board, and at least one citizen member and no meeting of the |
144 | board shall take place unless a quorum is present. Members of |
145 | the board may receive such per diem compensation as is allowed |
146 | by law for state employees if both bodies elect to allow such |
147 | compensation. The clerk of the governing body of the county |
148 | shall be the clerk of the value adjustment board. The office of |
149 | the county attorney may be counsel to the board unless the |
150 | county attorney represents the property appraiser, in which |
151 | instance The board shall appoint private counsel who has |
152 | practiced law for over 5 years and who shall receive such |
153 | compensation as may be established by the board. The private |
154 | counsel may not represent the property appraiser, the tax |
155 | collector, any taxing authority, or any property owner in any |
156 | administrative or judicial review of property taxes. No meeting |
157 | of the board shall take place unless counsel to the board is |
158 | present. However, counsel for the property appraiser shall not |
159 | be required when the county attorney represents only the board |
160 | at the board hearings, even though the county attorney may |
161 | represent the property appraiser in other matters or at a |
162 | different time. Two-fifths of the expenses of the board shall be |
163 | borne by the district school board and three-fifths by the |
164 | district county commission. |
165 | Section 5. Section 194.035, Florida Statutes, is amended |
166 | to read: |
167 | 194.035 Special magistrates; property evaluators.-- |
168 | (1) In counties having a population of more than 75,000, |
169 | the board shall appoint special magistrates for the purpose of |
170 | taking testimony and making recommendations to the board, which |
171 | recommendations the board may act upon without further hearing. |
172 | These special magistrates may not be elected or appointed |
173 | officials or employees of the county but shall be selected from |
174 | a list of those qualified individuals who are willing to serve |
175 | as special magistrates. Employees and elected or appointed |
176 | officials of a taxing jurisdiction or of the state may not serve |
177 | as special magistrates. The clerk of the board shall annually |
178 | notify such individuals or their professional associations to |
179 | make known to them that opportunities to serve as special |
180 | magistrates exist. The Department of Revenue shall provide a |
181 | list of qualified special magistrates to any county with a |
182 | population of 75,000 or less. Subject to appropriation, the |
183 | department shall reimburse counties with a population of 75,000 |
184 | or less for payments made to special magistrates appointed for |
185 | the purpose of taking testimony and making recommendations to |
186 | the value adjustment board pursuant to this section. The |
187 | department shall establish a reasonable range for payments per |
188 | case to special magistrates based on such payments in other |
189 | counties. Requests for reimbursement of payments outside this |
190 | range shall be justified by the county. If the total of all |
191 | requests for reimbursement in any year exceeds the amount |
192 | available pursuant to this section, payments to all counties |
193 | shall be prorated accordingly. If a county having a population |
194 | less than 75,000 does not appoint a special magistrate to hear |
195 | each petition, the person or persons designated to hear |
196 | petitions before the value adjustment board or the attorney |
197 | appointed to advise the value adjustment board shall attend the |
198 | training provided pursuant to subsection (3), regardless of |
199 | whether the person would otherwise be required to attend, but |
200 | shall not be required to pay the tuition fee specified in |
201 | subsection (3). A special magistrate appointed to hear issues of |
202 | exemptions and classifications shall be a member of The Florida |
203 | Bar with no less than 5 years' experience in the area of ad |
204 | valorem taxation. A special magistrate appointed to hear issues |
205 | regarding the valuation of real estate shall be a state |
206 | certified real estate appraiser with not less than 5 years' |
207 | experience in real property valuation. A special magistrate |
208 | appointed to hear issues regarding the valuation of tangible |
209 | personal property shall be a designated member of a nationally |
210 | recognized appraiser's organization with not less than 5 years' |
211 | experience in tangible personal property valuation. A special |
212 | magistrate need not be a resident of the county in which he or |
213 | she serves. A special magistrate may not represent a person |
214 | before the board in any tax year during which he or she has |
215 | served that board as a special magistrate. Before appointing a |
216 | special magistrate, a value adjustment board shall verify the |
217 | special magistrate's qualifications. The value adjustment board |
218 | shall ensure that the selection of special magistrates is based |
219 | solely upon the experience and qualifications of the special |
220 | magistrate and is not influenced by the property appraiser. The |
221 | special magistrate shall accurately and completely preserve all |
222 | testimony and, in making recommendations to the value adjustment |
223 | board, shall include proposed findings of fact, conclusions of |
224 | law, and reasons for upholding or overturning the determination |
225 | of the property appraiser. The board shall appoint special |
226 | magistrates from the list so compiled prior to convening of the |
227 | board. The expense of hearings before magistrates and any |
228 | compensation of special magistrates shall be borne three-fifths |
229 | by the board of county commissioners and two-fifths by the |
230 | school board. |
231 | (2) The value adjustment board of each county may employ |
232 | qualified property appraisers or evaluators to appear before the |
233 | value adjustment board at that meeting of the board which is |
234 | held for the purpose of hearing complaints. Such property |
235 | appraisers or evaluators shall present testimony as to the just |
236 | value of any property the value of which is contested before the |
237 | board and shall submit to examination by the board, the |
238 | taxpayer, and the property appraiser. |
239 | (3) The department shall provide and conduct training for |
240 | special magistrates at least once each state fiscal year in at |
241 | least five locations throughout the state. Such training shall |
242 | emphasize the department's standard measures of value, including |
243 | the guidelines for real and tangible personal property. |
244 | Notwithstanding subsection (1), a person who has 3 years of |
245 | relevant experience and who has completed the training provided |
246 | by the department under this subsection may be appointed as a |
247 | special magistrate. The training shall be open to the public. |
248 | The department shall charge tuition fees to any person attending |
249 | this training in an amount sufficient to fund the department's |
250 | costs to conduct all aspects of the training. The department |
251 | shall deposit the fees collected into the Certification Program |
252 | Trust Fund pursuant to s. 195.002(2). |
253 | Section 6. Subsection (1) of section 194.037, Florida |
254 | Statutes, is amended to read: |
255 | 194.037 Disclosure of tax impact.-- |
256 | (1) After hearing all petitions, complaints, appeals, and |
257 | disputes, the clerk shall make public notice of the findings and |
258 | results of the board in at least a quarter-page size |
259 | advertisement of a standard size or tabloid size newspaper, and |
260 | the headline shall be in a type no smaller than 18 point. The |
261 | advertisement shall not be placed in that portion of the |
262 | newspaper where legal notices and classified advertisements |
263 | appear. The advertisement shall be published in a newspaper of |
264 | general paid circulation in the county. The newspaper selected |
265 | shall be one of general interest and readership in the |
266 | community, and not one of limited subject matter, pursuant to |
267 | chapter 50. The headline shall read: TAX IMPACT OF VALUE |
268 | ADJUSTMENT BOARD. The public notice shall list the members of |
269 | the value adjustment board and the taxing authorities to which |
270 | they are elected. The form shall show, in columnar form, for |
271 | each of the property classes listed under subsection (2), the |
272 | following information, with appropriate column totals: |
273 | (a) In the first column, the number of parcels for which |
274 | the board granted exemptions that had been denied or that had |
275 | not been acted upon by the property appraiser. |
276 | (b) In the second column, the number of parcels for which |
277 | petitions were filed concerning a property tax exemption. |
278 | (c) In the third column, the number of parcels for which |
279 | the board considered the petition and reduced the assessment |
280 | from that made by the property appraiser on the initial |
281 | assessment roll. |
282 | (d) In the fourth column, the number of parcels for which |
283 | petitions were filed but not considered by the board because |
284 | such petitions were withdrawn or settled prior to the board's |
285 | consideration. |
286 | (e)(d) In the fifth fourth column, the number of parcels |
287 | for which petitions were filed requesting a change in assessed |
288 | value, including requested changes in assessment classification. |
289 | (f)(e) In the sixth fifth column, the net change in |
290 | taxable value from the assessor's initial roll which results |
291 | from board decisions. |
292 | (g)(f) In the seventh sixth column, the net shift in taxes |
293 | to parcels not granted relief by the board. The shift shall be |
294 | computed as the amount shown in column 6 5 multiplied by the |
295 | applicable millage rates adopted by the taxing authorities in |
296 | hearings held pursuant to s. 200.065(2)(d) or adopted by vote of |
297 | the electors pursuant to s. 9(b) or s. 12, Art. VII of the State |
298 | Constitution, but without adjustment as authorized pursuant to |
299 | s. 200.065(6). If for any taxing authority the hearing has not |
300 | been completed at the time the notice required herein is |
301 | prepared, the millage rate used shall be that adopted in the |
302 | hearing held pursuant to s. 200.065(2)(c). |
303 | Section 7. It is the express intent of the Legislature |
304 | that a taxpayer shall never have the burden of proving that the |
305 | property appraiser's assessment is not supported by any |
306 | reasonable hypothesis of a legal assessment. It is the further |
307 | intent of the Legislature that any cases of law published since |
308 | 1997 applying the every-reasonable-hypothesis burden of proof to |
309 | uphold the property appraiser's assessment are expressly |
310 | rejected to the extent that they are interpretive of legislative |
311 | intent. |
312 | Section 8. Subsection (2) of section 195.002, Florida |
313 | Statutes, is amended to read: |
314 | 195.002 Supervision by Department of Revenue.-- |
315 | (2) In furtherance of its duty to conduct schools to |
316 | upgrade assessment skills and collection skills, the department |
317 | may establish by rule committees on admissions and |
318 | certification. Additionally, The department may also incur |
319 | reasonable expenses for hiring instructors, travel, office |
320 | operations, certificates of completion, badges or awards, and |
321 | food service incidental to conducting such schools and for |
322 | administering any certification program under s. 145.10, or s. |
323 | 145.11, or s. 194.035. The department may charge a tuition fee |
324 | and an examination fee to any person who attends such a school |
325 | and may charge a fee to certify or recertify any person under |
326 | such a program. The department shall deposit such fees into the |
327 | Certification Program Trust Fund which is created in the State |
328 | Treasury. There shall be separate school accounts and program |
329 | accounts in the trust fund for property appraisers, and for tax |
330 | collectors, and special magistrates. The department shall use |
331 | money in the fund to pay such expenses. |
332 | Section 9. Section 195.052, Florida Statutes, is amended |
333 | to read: |
334 | 195.052 Research and tabulation of data.--The department |
335 | shall conduct constant research and maintain accurate |
336 | tabulations of data and conditions existing as to ad valorem |
337 | taxation, shall annually publish such data as may be appropriate |
338 | to facilitate fiscal policymaking, and shall annually make such |
339 | recommendations to the Legislature as are necessary to ensure |
340 | that property is valued according to its just value and is |
341 | equitably taxed throughout the state. Such data shall include |
342 | the annual percentage increase in total nonvoted ad valorem |
343 | taxes levied by each city and county and shall include |
344 | information on the distribution of ad valorem taxes levied among |
345 | the various classifications of property, including homestead, |
346 | nonhomestead residential, new construction, commercial, and |
347 | industrial properties. Such data shall include the previous |
348 | year's adopted millage rate, the current year's millage rate, |
349 | and the current percentage increase in taxes levied above the |
350 | rolled-back rate. Such data shall be published, at a minimum, on |
351 | the department's website and on the websites of all property |
352 | appraisers of this state, if available. Publication shall occur |
353 | not later than 90 60 days after receipt of extended rolls for |
354 | all counties pursuant to s. 193.122(7). |
355 | Section 10. This act shall take effect September 1, 2008. |