Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 521
       
       
       
       
       
       
                                Barcode 221228                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1b/WD/3R         .                                
             05/01/2009 02:46 PM       .                                
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       Senator Lawson moved the following:
       
    1         Senate Amendment to Amendment (963610) (with title
    2  amendment)
    3  
    4         Delete lines 3 - 60
    5  and insert:
    6         Delete lines 25 - 81
    7  and insert:
    8         Section 1. Subsection (4) of section 193.052, Florida
    9  Statutes, is amended to read:
   10         193.052 Preparation and serving of returns.—
   11         (4) All returns shall be completed by the taxpayer in such
   12  a way as to correctly reflect the owner’s estimate of the value
   13  of property owned or otherwise taxable to him or her and covered
   14  by such return. All returns shall include a statement by the
   15  taxpayer of the original installed cost of the property and the
   16  reproduction or replacement cost thereof and all data and
   17  analysis supporting the statement. The return also shall include
   18  a statement by the taxpayer of the condition of the property,
   19  including, but not limited to, depreciation and obsolescence and
   20  all data and analysis supporting the statement. Failure to
   21  comply with this requirement shall constitute a waiver of the
   22  right to challenge the assessment for that year as determined by
   23  the property appraiser in any subsequent administrative or
   24  judicial proceeding. All forms used for returns shall be
   25  prescribed by the department and delivered to the property
   26  appraisers for distribution to the taxpayers.
   27         Section 2. Paragraph (g) of subsection (3) of section
   28  194.011, Florida Statutes, is amended to read:
   29         194.011 Assessment notice; objections to assessments.—
   30         (3) A petition to the value adjustment board must be in
   31  substantially the form prescribed by the department.
   32  Notwithstanding s. 195.022, a county officer may not refuse to
   33  accept a form provided by the department for this purpose if the
   34  taxpayer chooses to use it. A petition to the value adjustment
   35  board shall describe the property by parcel number and shall be
   36  filed as follows:
   37         (g) The individual, agent, or legal entity that signs the
   38  petition becomes an agent of the taxpayer for the purpose of
   39  serving process to obtain personal jurisdiction over the
   40  taxpayer for the entire value adjustment board proceedings,
   41  including any appeals of a board decision by the property
   42  appraiser pursuant to s. 194.036. An individual, agent, or legal
   43  entity may not contract with a property owner to represent the
   44  property owner based on any agreement whereby the property owner
   45  agrees to pay the individual, agent, or legal entity a
   46  percentage of the amount of taxes saved based on any reduction
   47  in value made by the value adjustment board, and any such
   48  contract or agreement is declared null and void and contrary to
   49  the public policy of this state.
   50         Section 3. Section 194.301, Florida Statutes, is amended to
   51  read:
   52  194.301 Presumption of correctness.—In any administrative or
   53  judicial action in which a taxpayer challenges an ad valorem tax
   54  assessment of value, the property appraiser’s assessment shall
   55  be presumed correct. This presumption of correctness is lost if
   56  the taxpayer shows by a preponderance of the evidence that
   57  either the property appraiser has failed to consider properly
   58  the criteria in s. 193.011 or if the property appraiser’s
   59  assessment is arbitrarily based on appraisal practices which are
   60  different from the appraisal practices generally applied by the
   61  property appraiser to comparable property within the same class
   62  and within the same county. If the presumption of correctness is
   63  lost, the taxpayer shall have the burden of proving by a
   64  preponderance of the evidence that the appraiser’s assessment is
   65  in excess of just value. If the presumption of correctness is
   66  retained, the taxpayer shall have the burden of proving by clear
   67  and convincing evidence that the appraiser’s assessment is in
   68  excess of just value. In no case shall the taxpayer have the
   69  burden of proving that the property appraiser’s assessment is
   70  not supported by any reasonable hypothesis of a legal
   71  assessment. If the property appraiser’s assessment is determined
   72  to be erroneous, the Value Adjustment Board or the court can
   73  establish the assessment if there exists competent, substantial
   74  evidence in the record, which cumulatively meets the
   75  requirements of s. 193.011. If the record lacks competent,
   76  substantial evidence meeting the just value criteria of s.
   77  193.011, the matter shall be remanded to the property appraiser
   78  with appropriate directions from the Value Adjustment Board or
   79  the court.
   80  
   81  ================= T I T L E  A M E N D M E N T ================
   82         And the title is amended as follows:
   83         Delete lines 66 - 76
   84  and insert:
   85         An act relating to ad valorem tax assessments;
   86         amending s. 193.052, F.S.; revising requirements for
   87         preparing and serving returns for property; amending
   88         s. 194.011, F.S.; revising filing procedures for
   89         petitions to a value adjustment board; amending s.
   90         194.301, F.S.; deleting the provision relating to the
   91         retention of the presumption of correction of the
   92         property appraiser’s assessment; providing legislative
   93         intent relating to