Florida Senate - 2015                              CS for SB 972
       
       
        
       By the Committee on Finance and Tax; and Senator Flores
       
       
       
       
       
       593-03125-15                                           2015972c1
    1                        A bill to be entitled                      
    2         An act relating to value adjustment boards; amending
    3         s. 192.0105, F.S.; conforming a provision to changes
    4         made by the act; amending s. 193.122, F.S.;
    5         establishing deadlines for value adjustment boards to
    6         hear petitions and issue the second tax roll
    7         certification; providing applicability; amending s.
    8         194.011, F.S.; specifying procedures for filing
    9         petitions to the value adjustment board; amending s.
   10         194.014, F.S.; revising the interest rate upon which
   11         unpaid and overpaid ad valorem taxes accrue; amending
   12         s. 194.015, F.S.; authorizing the district school
   13         board and county commission to audit certain expenses
   14         of the value adjustment board; amending s. 194.032,
   15         F.S.; requiring a property appraiser to notify a
   16         petitioner when property record cards are available
   17         online; requiring a petitioner to show good cause to
   18         reschedule a hearing related to an assessment;
   19         limiting a petitioner to rescheduling a hearing twice;
   20         amending s. 194.034, F.S.; revising the entities that
   21         may represent a taxpayer before the value adjustment
   22         board; providing effective dates.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraph (f) of subsection (2) of section
   27  192.0105, Florida Statutes, is amended to read:
   28         192.0105 Taxpayer rights.—There is created a Florida
   29  Taxpayer’s Bill of Rights for property taxes and assessments to
   30  guarantee that the rights, privacy, and property of the
   31  taxpayers of this state are adequately safeguarded and protected
   32  during tax levy, assessment, collection, and enforcement
   33  processes administered under the revenue laws of this state. The
   34  Taxpayer’s Bill of Rights compiles, in one document, brief but
   35  comprehensive statements that summarize the rights and
   36  obligations of the property appraisers, tax collectors, clerks
   37  of the court, local governing boards, the Department of Revenue,
   38  and taxpayers. Additional rights afforded to payors of taxes and
   39  assessments imposed under the revenue laws of this state are
   40  provided in s. 213.015. The rights afforded taxpayers to assure
   41  that their privacy and property are safeguarded and protected
   42  during tax levy, assessment, and collection are available only
   43  insofar as they are implemented in other parts of the Florida
   44  Statutes or rules of the Department of Revenue. The rights so
   45  guaranteed to state taxpayers in the Florida Statutes and the
   46  departmental rules include:
   47         (2) THE RIGHT TO DUE PROCESS.—
   48         (f) The right, in value adjustment board proceedings, to
   49  have all evidence presented and considered at a public hearing
   50  at the scheduled time, to be represented by a person specified
   51  in s. 194.034(1)(a) an attorney or agent, to have witnesses
   52  sworn and cross-examined, and to examine property appraisers or
   53  evaluators employed by the board who present testimony (see ss.
   54  194.034(1)(a) and (c) and (4), and 194.035(2)).
   55         Section 2. Effective July 1, 2017, subsection (3) of
   56  section 193.122, Florida Statutes, is amended to read:
   57         193.122 Certificates of value adjustment board and property
   58  appraiser; extensions on the assessment rolls.—
   59         (3) When the tax rolls have been extended pursuant to s.
   60  197.323, the second certification of the value adjustment board
   61  shall reflect all changes made by the board together with any
   62  adjustments or changes made by the property appraiser. The value
   63  adjustment board must hear all petitions and issue its second
   64  certification by June 1 following the year in which the taxes
   65  were assessed. Upon the value adjustment board’s second such
   66  certification, the property appraiser shall recertify the tax
   67  rolls with all changes to the collector and shall provide public
   68  notice of the date and fact of recertification pursuant to
   69  subsection (2).
   70         Section 3. The amendment to s. 193.122, Florida Statutes,
   71  made by this act first applies to the 2017 tax roll.
   72         Section 4. Subsection (3) of section 194.011, Florida
   73  Statutes, is amended to read:
   74         194.011 Assessment notice; objections to assessments.—
   75         (3) A petition to the value adjustment board must be in
   76  substantially the form prescribed by the department.
   77  Notwithstanding s. 195.022, a county officer may not refuse to
   78  accept a form provided by the department for this purpose if the
   79  taxpayer chooses to use it. A petition to the value adjustment
   80  board must be signed by the taxpayer or accompanied by the
   81  taxpayer’s written authorization for representation by a person
   82  specified in s. 194.034(1)(a). A written authorization is valid
   83  for 1 tax year, and a new written authorization by the taxpayer
   84  shall be required for each subsequent tax year. A petition shall
   85  also describe the property by parcel number and shall be filed
   86  as follows:
   87         (a) The property appraiser shall have available and shall
   88  distribute forms prescribed by the Department of Revenue on
   89  which the petition shall be made. Such petition shall be sworn
   90  to by the petitioner.
   91         (b) The completed petition shall be filed with the clerk of
   92  the value adjustment board of the county, who shall acknowledge
   93  receipt thereof and promptly furnish a copy thereof to the
   94  property appraiser.
   95         (c) The petition shall state the approximate time
   96  anticipated by the taxpayer to present and argue his or her
   97  petition before the board.
   98         (d) The petition may be filed, as to valuation issues, at
   99  any time during the taxable year on or before the 25th day
  100  following the mailing of notice by the property appraiser as
  101  provided in subsection (1). With respect to an issue involving
  102  the denial of an exemption, an agricultural or high-water
  103  recharge classification application, an application for
  104  classification as historic property used for commercial or
  105  certain nonprofit purposes, or a deferral, the petition must be
  106  filed at any time during the taxable year on or before the 30th
  107  day following the mailing of the notice by the property
  108  appraiser under s. 193.461, s. 193.503, s. 193.625, s. 196.173,
  109  or s. 196.193 or notice by the tax collector under s. 197.2425.
  110         (e) A condominium association, cooperative association, or
  111  any homeowners’ association as defined in s. 723.075, with
  112  approval of its board of administration or directors, may file
  113  with the value adjustment board a single joint petition on
  114  behalf of any association members who own parcels of property
  115  which the property appraiser determines are substantially
  116  similar with respect to location, proximity to amenities, number
  117  of rooms, living area, and condition. The condominium
  118  association, cooperative association, or homeowners’ association
  119  as defined in s. 723.075 shall provide the unit owners with
  120  notice of its intent to petition the value adjustment board and
  121  shall provide at least 20 days for a unit owner to elect, in
  122  writing, that his or her unit not be included in the petition.
  123         (f) An owner of contiguous, undeveloped parcels may file
  124  with the value adjustment board a single joint petition if the
  125  property appraiser determines such parcels are substantially
  126  similar in nature.
  127         (g) The individual, agent, or legal entity that signs the
  128  petition becomes an agent of the taxpayer for the purpose of
  129  serving process to obtain personal jurisdiction over the
  130  taxpayer for the entire value adjustment board proceedings,
  131  including any appeals of a board decision by the property
  132  appraiser pursuant to s. 194.036.
  133         Section 5. Subsection (2) of section 194.014, Florida
  134  Statutes, is amended to read:
  135         194.014 Partial payment of ad valorem taxes; proceedings
  136  before value adjustment board.—
  137         (2) If the value adjustment board determines that the
  138  petitioner owes ad valorem taxes in excess of the amount paid,
  139  the unpaid amount accrues interest at an annual percentage rate
  140  equal to the interest rate determined by the executive director
  141  of the Department of Revenue under s. 213.235 less 4 percentage
  142  points, beginning on the rate of 12 percent per year from the
  143  date the taxes became delinquent pursuant to s. 197.333 until
  144  the unpaid amount is paid. If the value adjustment board
  145  determines that a refund is due, the overpaid amount accrues
  146  interest at an annual percentage rate equal to the interest rate
  147  determined by the executive director of the Department of
  148  Revenue under s. 213.235 less 4 percentage points, beginning on
  149  the rate of 12 percent per year from the date the taxes became
  150  delinquent pursuant to s. 197.333 until a refund is paid.
  151  Interest does not accrue on amounts paid in excess of 100
  152  percent of the current taxes due as provided on the tax notice
  153  issued pursuant to s. 197.322.
  154         Section 6. Section 194.015, Florida Statutes, is amended to
  155  read:
  156         194.015 Value adjustment board.—There is hereby created A
  157  value adjustment board is created for each county, which shall
  158  consist of two members of the governing body of the county as
  159  elected from the membership of the board of said governing body,
  160  one of whom shall be elected chairperson, and one member of the
  161  school board as elected from the membership of the school board,
  162  and two citizen members, one of whom shall be appointed by the
  163  governing body of the county and must own homestead property
  164  within the county and one of whom must be appointed by the
  165  school board and must own a business occupying commercial space
  166  located within the school district. A citizen member may not be
  167  a member or an employee of any taxing authority, and may not be
  168  a person who represents property owners in any administrative or
  169  judicial review of property taxes. The members of the board may
  170  be temporarily replaced by other members of the respective
  171  boards on appointment by their respective chairpersons. Any
  172  three members shall constitute a quorum of the board, except
  173  that each quorum must include at least one member of said
  174  governing board, at least one member of the school board, and at
  175  least one citizen member and no meeting of the board shall take
  176  place unless a quorum is present. Members of the board may
  177  receive such per diem compensation as is allowed by law for
  178  state employees if both bodies elect to allow such compensation.
  179  The clerk of the governing body of the county shall be the clerk
  180  of the value adjustment board. The board shall appoint private
  181  counsel who has practiced law for over 5 years and who shall
  182  receive such compensation as may be established by the board.
  183  The private counsel may not represent the property appraiser,
  184  the tax collector, any taxing authority, or any property owner
  185  in any administrative or judicial review of property taxes. A No
  186  meeting of the board may not shall take place unless counsel to
  187  the board is present. Two-fifths of the expenses of the board
  188  shall be borne by the district school board and three-fifths by
  189  the district county commission. The district school board and
  190  the county commission may audit the expenses related to the
  191  value adjustment board process.
  192         Section 7. Paragraph (a) of subsection (2) of section
  193  194.032, Florida Statutes, is amended to read:
  194         194.032 Hearing purposes; timetable.—
  195         (2)(a) The clerk of the governing body of the county shall
  196  prepare a schedule of appearances before the board based on
  197  petitions timely filed with him or her. The clerk shall notify
  198  each petitioner of the scheduled time of his or her appearance
  199  at least 25 calendar days before the day of the scheduled
  200  appearance. The notice must indicate whether the petition has
  201  been scheduled to be heard at a particular time or during a
  202  block of time. If the petition has been scheduled to be heard
  203  within a block of time, the beginning and ending of that block
  204  of time must be indicated on the notice; however, as provided in
  205  paragraph (b), a petitioner may not be required to wait for more
  206  than a reasonable time, not to exceed 2 hours, after the
  207  beginning of the block of time. If the petitioner checked the
  208  appropriate box on the petition form to request a copy of the
  209  property record card containing relevant information used in
  210  computing the current assessment, the property appraiser must
  211  provide the copy to the petitioner upon receipt of the petition
  212  from the clerk regardless of whether the petitioner initiates
  213  evidence exchange, unless the property record card is available
  214  online from the property appraiser, in which case the property
  215  appraiser must notify the petitioner that the property record
  216  card is available online. Upon receipt of the notice, the
  217  petitioner, for good cause, may reschedule the hearing no more
  218  than twice a single time by submitting to the clerk a written
  219  request to reschedule, at least 5 calendar days before the day
  220  of the originally scheduled hearing.
  221         Section 8. Paragraph (a) of subsection (1) of section
  222  194.034, Florida Statutes, is amended to read:
  223         194.034 Hearing procedures; rules.—
  224         (1)(a) Petitioners before the board may be represented by a
  225  corporate representative of the taxpayer, an attorney who is a
  226  member of The Florida Bar, a real estate appraiser licensed
  227  under chapter 475, a real estate broker licensed under chapter
  228  475, or a certified public accountant licensed under chapter
  229  473, retained by the taxpayer, or an individual with power of
  230  attorney to act on behalf of the taxpayer who receives no
  231  compensation, an attorney or agent and such person may present
  232  testimony and other evidence. The property appraiser or his or
  233  her authorized representatives may be represented by an attorney
  234  in defending the property appraiser’s assessment or opposing an
  235  exemption and may present testimony and other evidence. The
  236  property appraiser, each petitioner, and all witnesses shall be
  237  required, upon the request of either party, to testify under
  238  oath as administered by the chairperson of the board. Hearings
  239  shall be conducted in the manner prescribed by rules of the
  240  department, which rules shall include the right of cross
  241  examination of any witness.
  242         Section 9. Except as otherwise expressly provided in this
  243  act, this act shall take effect July 1, 2015.