| 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. |