Florida Senate - 2015                              CS for SB 260
       
       
        
       By the Committee on Finance and Tax; and Senator Bradley
       
       
       
       
       
       593-02341-15                                           2015260c1
    1                        A bill to be entitled                      
    2         An act relating to value adjustment board proceedings;
    3         amending s. 194.011, F.S.; requiring the clerk of the
    4         value adjustment board to have available and
    5         distribute specified forms; authorizing the owner of
    6         multiple tangible personal property accounts to file a
    7         single joint petition with the value adjustment board
    8         under certain circumstances; requiring the property
    9         appraiser to include the property record card in an
   10         evidence list for a value adjustment board hearing
   11         under certain circumstances; amending s. 194.013,
   12         F.S.; providing that only a single filing fee may be
   13         charged for specified petitions to the value
   14         adjustment board with respect to real property or
   15         tangible personal property accounts; reenacting s.
   16         196.011(6)(a) and (8), F.S., relating to applications
   17         for certain tax exemptions, to incorporate the
   18         amendment made to s. 194.011, F.S., in references
   19         thereto; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Paragraph (a) of subsection (3) of section
   24  194.011, Florida Statutes, is amended, present paragraph (g) of
   25  that subsection is redesignated as paragraph (h), a new
   26  paragraph (g) is added to that subsection, and paragraph (b) of
   27  subsection (4) of that section is amended, to read:
   28         194.011 Assessment notice; objections to assessments.—
   29         (3) A petition to the value adjustment board must be in
   30  substantially the form prescribed by the department.
   31  Notwithstanding s. 195.022, a county officer may not refuse to
   32  accept a form provided by the department for this purpose if the
   33  taxpayer chooses to use it. A petition to the value adjustment
   34  board shall describe the property by parcel number and shall be
   35  filed as follows:
   36         (a) The clerk of the value adjustment board and the
   37  property appraiser shall have available and shall distribute
   38  forms prescribed by the Department of Revenue on which the
   39  petition shall be made. Such petition shall be sworn to by the
   40  petitioner.
   41         (g) An owner of multiple tangible personal property
   42  accounts may file with the value adjustment board a single joint
   43  petition if the property appraiser determines that the tangible
   44  personal property accounts are substantially similar in nature.
   45         (4)
   46         (b) No later than 7 days before the hearing, if the
   47  petitioner has provided the information required under paragraph
   48  (a), and if requested in writing by the petitioner, the property
   49  appraiser shall provide to the petitioner a list of evidence to
   50  be presented at the hearing, together with copies of all
   51  documentation to be considered by the value adjustment board and
   52  a summary of evidence to be presented by witnesses. The evidence
   53  list must contain the property appraiser’s property record card
   54  if provided by the clerk. Failure of the property appraiser to
   55  timely comply with the requirements of this paragraph shall
   56  result in a rescheduling of the hearing.
   57         Section 2. Subsection (1) of section 194.013, Florida
   58  Statutes, is amended to read:
   59         194.013 Filing fees for petitions; disposition; waiver.—
   60         (1) If so required by resolution of the value adjustment
   61  board, a petition filed pursuant to s. 194.011 shall be
   62  accompanied by a filing fee to be paid to the clerk of the value
   63  adjustment board in an amount determined by the board not to
   64  exceed $15 for each separate parcel of property, real or
   65  personal, covered by the petition and subject to appeal.
   66  However, no such filing fee may not be required with respect to
   67  an appeal from the disapproval of homestead exemption under s.
   68  196.151 or from the denial of tax deferral under s. 197.2425.
   69  Only a single filing fee shall be charged under this section as
   70  to any particular parcel of real property or tangible personal
   71  property account despite the existence of multiple issues and
   72  hearings pertaining to such parcel. For joint petitions filed
   73  pursuant to s. 194.011(3)(e), or (f), or (g), a single filing
   74  fee shall be charged. Such fee shall be calculated as the cost
   75  of the special magistrate for the time involved in hearing the
   76  joint petition and shall not exceed $5 per parcel of real
   77  property or tangible property account. Such Said fee is to be
   78  proportionately paid by affected parcel owners.
   79         Section 3. For the purpose of incorporating the amendment
   80  made by this act to section 194.011, Florida Statutes, in
   81  references thereto, paragraph (a) of subsection (6) and
   82  subsection (8) of section 196.011, Florida Statutes, are
   83  reenacted to read:
   84         196.011 Annual application required for exemption.—
   85         (6)(a) Once an original application for tax exemption has
   86  been granted, in each succeeding year on or before February 1,
   87  the property appraiser shall mail a renewal application to the
   88  applicant, and the property appraiser shall accept from each
   89  such applicant a renewal application on a form prescribed by the
   90  Department of Revenue. Such renewal application shall be
   91  accepted as evidence of exemption by the property appraiser
   92  unless he or she denies the application. Upon denial, the
   93  property appraiser shall serve, on or before July 1 of each
   94  year, a notice setting forth the grounds for denial on the
   95  applicant by first-class mail. Any applicant objecting to such
   96  denial may file a petition as provided for in s. 194.011(3).
   97         (8) Any applicant who is qualified to receive any exemption
   98  under subsection (1) and who fails to file an application by
   99  March 1, must file an application for the exemption with the
  100  property appraiser on or before the 25th day following the
  101  mailing by the property appraiser of the notices required under
  102  s. 194.011(1). Upon receipt of sufficient evidence, as
  103  determined by the property appraiser, demonstrating the
  104  applicant was unable to apply for the exemption in a timely
  105  manner or otherwise demonstrating extenuating circumstances
  106  judged by the property appraiser to warrant granting the
  107  exemption, the property appraiser may grant the exemption. If
  108  the applicant fails to produce sufficient evidence demonstrating
  109  the applicant was unable to apply for the exemption in a timely
  110  manner or otherwise demonstrating extenuating circumstances as
  111  judged by the property appraiser, the applicant may file,
  112  pursuant to s. 194.011(3), a petition with the value adjustment
  113  board requesting that the exemption be granted. Such petition
  114  must be filed during the taxable year on or before the 25th day
  115  following the mailing of the notice by the property appraiser as
  116  provided in s. 194.011(1). Notwithstanding the provisions of s.
  117  194.013, such person must pay a nonrefundable fee of $15 upon
  118  filing the petition. Upon reviewing the petition, if the person
  119  is qualified to receive the exemption and demonstrates
  120  particular extenuating circumstances judged by the value
  121  adjustment board to warrant granting the exemption, the value
  122  adjustment board may grant the exemption for the current year.
  123         Section 4. This act shall take effect July 1, 2015.