Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for CS for HB 521 Barcode 221228 LEGISLATIVE ACTION Senate . House . . . Floor: 1b/WD/3R . 05/01/2009 02:46 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 is66retained, the taxpayer shall have the burden of proving by clear67and convincing evidence that the appraiser’s assessment is in68excess 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