Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 695, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Flores moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective October 1, 2015, paragraph (b) of
    6  subsection (3) of section 129.03, Florida Statutes, is amended
    7  to read:
    8         129.03 Preparation and adoption of budget.—
    9         (3) The county budget officer, after tentatively
   10  ascertaining the proposed fiscal policies of the board for the
   11  next fiscal year, shall prepare and present to the board a
   12  tentative budget for the next fiscal year for each of the funds
   13  provided in this chapter, including all estimated receipts,
   14  taxes to be levied, and balances expected to be brought forward
   15  and all estimated expenditures, reserves, and balances to be
   16  carried over at the end of the year.
   17         (b) Upon receipt of the tentative budgets and completion of
   18  any revisions, the board shall prepare a statement summarizing
   19  all of the adopted tentative budgets. The summary statement must
   20  show, for each budget and the total of all budgets, the proposed
   21  tax millages, balances, reserves, and the total of each major
   22  classification of receipts and expenditures, classified
   23  according to the uniform classification of accounts adopted by
   24  the appropriate state agency. The board shall specify the
   25  proportionate amount of the proposed county tax millage and the
   26  proportionate amount of gross ad valorem taxes attributable to
   27  the budgets of the sheriff, the property appraiser, the clerk of
   28  the circuit court and county comptroller, the tax collector, and
   29  the supervisor of elections, respectively. The board shall cause
   30  this summary statement to be advertised one time in a newspaper
   31  of general circulation published in the county, or by posting at
   32  the courthouse door if there is no such newspaper, and the
   33  advertisement must appear adjacent to the advertisement required
   34  pursuant to s. 200.065. The board may advertise the summary
   35  statement in a newspaper or other publication more than once and
   36  may post the statement on its website.
   37         Section 2. Paragraph (f) of subsection (2) of section
   38  192.0105, Florida Statutes, is amended to read:
   39         192.0105 Taxpayer rights.—There is created a Florida
   40  Taxpayer’s Bill of Rights for property taxes and assessments to
   41  guarantee that the rights, privacy, and property of the
   42  taxpayers of this state are adequately safeguarded and protected
   43  during tax levy, assessment, collection, and enforcement
   44  processes administered under the revenue laws of this state. The
   45  Taxpayer’s Bill of Rights compiles, in one document, brief but
   46  comprehensive statements that summarize the rights and
   47  obligations of the property appraisers, tax collectors, clerks
   48  of the court, local governing boards, the Department of Revenue,
   49  and taxpayers. Additional rights afforded to payors of taxes and
   50  assessments imposed under the revenue laws of this state are
   51  provided in s. 213.015. The rights afforded taxpayers to assure
   52  that their privacy and property are safeguarded and protected
   53  during tax levy, assessment, and collection are available only
   54  insofar as they are implemented in other parts of the Florida
   55  Statutes or rules of the Department of Revenue. The rights so
   56  guaranteed to state taxpayers in the Florida Statutes and the
   57  departmental rules include:
   58         (2) THE RIGHT TO DUE PROCESS.—
   59         (f) The right, in value adjustment board proceedings, to
   60  have all evidence presented and considered at a public hearing
   61  at the scheduled time, to be represented by a person specified
   62  in s. 194.034(1)(a) an attorney or agent, to have witnesses
   63  sworn and cross-examined, and to examine property appraisers or
   64  evaluators employed by the board who present testimony (see ss.
   65  194.034(1)(a) and (c) and (4), and 194.035(2)).
   66         Section 3. Paragraph (d) is added to subsection (2) of
   67  section 193.0235, Florida Statutes, to read:
   68         193.0235 Ad valorem taxes and non-ad valorem assessments
   69  against subdivision property.—
   70         (2) As used in this section, the term “common element”
   71  includes:
   72         (d) Property located within the same county as the
   73  subdivision and used for at least 10 years exclusively for the
   74  benefit of lot owners within the subdivision.
   75         Section 4. Effective July 1, 2017, subsection (3) of
   76  section 193.122, Florida Statutes, is amended to read:
   77         193.122 Certificates of value adjustment board and property
   78  appraiser; extensions on the assessment rolls.—
   79         (3) When the tax rolls have been extended pursuant to s.
   80  197.323, the second certification of the value adjustment board
   81  shall reflect all changes made by the board together with any
   82  adjustments or changes made by the property appraiser. The value
   83  adjustment board must hear all petitions and issue its second
   84  certification by June 1 following the year in which the taxes
   85  were assessed. If the number of petitions filed increases by
   86  more than 10 percent over the prior year, the June 1 deadline is
   87  extended until December 1. Upon the value adjustment board’s
   88  second such certification, the property appraiser shall
   89  recertify the tax rolls with all changes to the collector and
   90  shall provide public notice of the date and fact of
   91  recertification pursuant to subsection (2).
   92         Section 5. The amendment to s. 193.122, Florida Statutes,
   93  made by this act first applies to the 2017 tax roll.
   94         Section 6. Subsection (3) of section 194.011, Florida
   95  Statutes, is amended to read:
   96         194.011 Assessment notice; objections to assessments.—
   97         (3) A petition to the value adjustment board must be in
   98  substantially the form prescribed by the department.
   99  Notwithstanding s. 195.022, a county officer may not refuse to
  100  accept a form provided by the department for this purpose if the
  101  taxpayer chooses to use it. A petition to the value adjustment
  102  board must be signed by the taxpayer or accompanied by the
  103  taxpayer’s written authorization for representation by a person
  104  specified in s. 194.034(1)(a). A written authorization is valid
  105  for 1 tax year, and a new written authorization by the taxpayer
  106  shall be required for each subsequent tax year. A petition must
  107  also shall describe the property by parcel number and shall be
  108  filed as follows:
  109         (a) The property appraiser shall have available and shall
  110  distribute forms prescribed by the Department of Revenue on
  111  which the petition shall be made. Such petition shall be sworn
  112  to by the petitioner.
  113         (b) The completed petition shall be filed with the clerk of
  114  the value adjustment board of the county, who shall acknowledge
  115  receipt thereof and promptly furnish a copy thereof to the
  116  property appraiser.
  117         (c) The petition shall state the approximate time
  118  anticipated by the taxpayer to present and argue his or her
  119  petition before the board.
  120         (d) The petition may be filed, as to valuation issues, at
  121  any time during the taxable year on or before the 25th day
  122  following the mailing of notice by the property appraiser as
  123  provided in subsection (1). With respect to an issue involving
  124  the denial of an exemption, an agricultural or high-water
  125  recharge classification application, an application for
  126  classification as historic property used for commercial or
  127  certain nonprofit purposes, or a deferral, the petition must be
  128  filed at any time during the taxable year on or before the 30th
  129  day following the mailing of the notice by the property
  130  appraiser under s. 193.461, s. 193.503, s. 193.625, s. 196.173,
  131  or s. 196.193 or notice by the tax collector under s. 197.2425.
  132         (e) A condominium association, cooperative association, or
  133  any homeowners’ association as defined in s. 723.075, with
  134  approval of its board of administration or directors, may file
  135  with the value adjustment board a single joint petition on
  136  behalf of any association members who own parcels of property
  137  which the property appraiser determines are substantially
  138  similar with respect to location, proximity to amenities, number
  139  of rooms, living area, and condition. The condominium
  140  association, cooperative association, or homeowners’ association
  141  as defined in s. 723.075 shall provide the unit owners with
  142  notice of its intent to petition the value adjustment board and
  143  shall provide at least 20 days for a unit owner to elect, in
  144  writing, that his or her unit not be included in the petition.
  145         (f) An owner of contiguous, undeveloped parcels may file
  146  with the value adjustment board a single joint petition if the
  147  property appraiser determines such parcels are substantially
  148  similar in nature.
  149         (g) The individual, agent, or legal entity that signs the
  150  petition becomes an agent of the taxpayer for the purpose of
  151  serving process to obtain personal jurisdiction over the
  152  taxpayer for the entire value adjustment board proceedings,
  153  including any appeals of a board decision by the property
  154  appraiser pursuant to s. 194.036.
  155         Section 7. Subsection (2) of section 194.014, Florida
  156  Statutes, is amended to read:
  157         194.014 Partial payment of ad valorem taxes; proceedings
  158  before value adjustment board.—
  159         (2) If the value adjustment board or the property appraiser
  160  determines that the petitioner owes ad valorem taxes in excess
  161  of the amount paid, the unpaid amount accrues interest at an
  162  annual percentage rate equal to the bank prime loan rate on July
  163  1, or the first business day thereafter if July 1 is a Saturday,
  164  Sunday, or legal holiday, of the tax the rate of 12 percent per
  165  year, beginning on from the date the taxes became delinquent
  166  pursuant to s. 197.333 until the unpaid amount is paid. If the
  167  value adjustment board or the property appraiser determines that
  168  a refund is due, the overpaid amount accrues interest at an
  169  annual percentage rate equal to the bank prime loan rate on July
  170  1, or the first business day thereafter if July 1 is a Saturday,
  171  Sunday, or legal holiday, of the tax the rate of 12 percent per
  172  year, beginning on from the date the taxes became delinquent
  173  pursuant to s. 197.333 until a refund is paid. Interest does not
  174  accrue on amounts paid in excess of 100 percent of the current
  175  taxes due as provided on the tax notice issued pursuant to s.
  176  197.322. As used in this subsection, the term “bank prime loan
  177  rate” means the average predominant prime rate quoted by
  178  commercial banks to large businesses as published by the Board
  179  of Governors of the Federal Reserve System.
  180         Section 8. Section 194.015, Florida Statutes, is amended to
  181  read:
  182         194.015 Value adjustment board.—There is hereby created A
  183  value adjustment board is created for each county, which shall
  184  consist of two members of the governing body of the county as
  185  elected from the membership of the board of said governing body,
  186  one of whom shall be elected chairperson, and one member of the
  187  school board as elected from the membership of the school board,
  188  and two citizen members, one of whom shall be appointed by the
  189  governing body of the county and must own homestead property
  190  within the county and one of whom must be appointed by the
  191  school board and must own a business occupying commercial space
  192  located within the school district. A citizen member may not be
  193  a member or an employee of any taxing authority, and may not be
  194  a person who represents property owners in any administrative or
  195  judicial review of property taxes. The members of the board may
  196  be temporarily replaced by other members of the respective
  197  boards on appointment by their respective chairpersons. Any
  198  three members shall constitute a quorum of the board, except
  199  that each quorum must include at least one member of said
  200  governing board, at least one member of the school board, and at
  201  least one citizen member and no meeting of the board shall take
  202  place unless a quorum is present. Members of the board may
  203  receive such per diem compensation as is allowed by law for
  204  state employees if both bodies elect to allow such compensation.
  205  The clerk of the governing body of the county shall be the clerk
  206  of the value adjustment board. The board shall appoint private
  207  counsel who has practiced law for over 5 years and who shall
  208  receive such compensation as may be established by the board.
  209  The private counsel may not represent the property appraiser,
  210  the tax collector, any taxing authority, or any property owner
  211  in any administrative or judicial review of property taxes. A No
  212  meeting of the board may not shall take place unless counsel to
  213  the board is present. Two-fifths of the expenses of the board
  214  shall be borne by the district school board and three-fifths by
  215  the district county commission. The district school board and
  216  the county commission may audit the expenses related to the
  217  value adjustment board process.
  218         Section 9. Paragraph (a) of subsection (2) of section
  219  194.032, Florida Statutes, is amended to read:
  220         194.032 Hearing purposes; timetable.—
  221         (2)(a) The clerk of the governing body of the county shall
  222  prepare a schedule of appearances before the board based on
  223  petitions timely filed with him or her. The clerk shall notify
  224  each petitioner of the scheduled time of his or her appearance
  225  at least 25 calendar days before the day of the scheduled
  226  appearance. The notice must indicate whether the petition has
  227  been scheduled to be heard at a particular time or during a
  228  block of time. If the petition has been scheduled to be heard
  229  within a block of time, the beginning and ending of that block
  230  of time must be indicated on the notice; however, as provided in
  231  paragraph (b), a petitioner may not be required to wait for more
  232  than a reasonable time, not to exceed 2 hours, after the
  233  beginning of the block of time. If the petitioner checked the
  234  appropriate box on the petition form to request a copy of the
  235  property record card containing relevant information used in
  236  computing the current assessment, the property appraiser must
  237  provide the copy to the petitioner upon receipt of the petition
  238  from the clerk regardless of whether the petitioner initiates
  239  evidence exchange, unless the property record card is available
  240  online from the property appraiser, in which case the property
  241  appraiser must notify the petitioner that the property record
  242  card is available online. Upon receipt of the notice, The
  243  petitioner or the property appraiser may reschedule the hearing
  244  a single time for good cause by submitting to the clerk a
  245  written request to reschedule, at least 5 calendar days before
  246  the day of the originally scheduled hearing. As used in this
  247  paragraph, the term “good cause” means circumstances beyond the
  248  control of the person seeking to reschedule the hearing which
  249  reasonably prevent the party from having adequate representation
  250  at the hearing. If the hearing is rescheduled by the petitioner,
  251  the clerk shall notify the petitioner of the rescheduled date
  252  and time for his or her appearance at least 15 calendar days
  253  before the date of the rescheduled appearance.
  254         Section 10. Paragraph (a) of subsection (1) of section
  255  194.034, Florida Statutes, is amended to read:
  256         194.034 Hearing procedures; rules.—
  257         (1)(a) Petitioners before the board may be represented by a
  258  corporate representative of the taxpayer, an attorney who is a
  259  member of The Florida Bar, a real estate appraiser licensed
  260  under chapter 475, a real estate broker licensed under chapter
  261  475, or a certified public accountant licensed under chapter
  262  473, retained by the taxpayer, or an individual with power of
  263  attorney to act on behalf of the taxpayer who receives no
  264  compensation, an attorney or agent and such person may present
  265  testimony and other evidence. The property appraiser or his or
  266  her authorized representatives may be represented by an attorney
  267  in defending the property appraiser’s assessment or opposing an
  268  exemption and may present testimony and other evidence. The
  269  property appraiser, each petitioner, and all witnesses shall be
  270  required, upon the request of either party, to testify under
  271  oath as administered by the chairperson of the board. Hearings
  272  shall be conducted in the manner prescribed by rules of the
  273  department, which rules shall include the right of cross
  274  examination of any witness.
  275         Section 11. Subsection (1) of section 194.035, Florida
  276  Statutes, is amended to read:
  277         194.035 Special magistrates; property evaluators.—
  278         (1) In counties having a population of more than 75,000,
  279  the board shall appoint special magistrates for the purpose of
  280  taking testimony and making recommendations to the board, which
  281  recommendations the board may act upon without further hearing.
  282  These special magistrates may not be elected or appointed
  283  officials or employees of the county but shall be selected from
  284  a list of those qualified individuals who are willing to serve
  285  as special magistrates. Employees and elected or appointed
  286  officials of a taxing jurisdiction or of the state may not serve
  287  as special magistrates. The clerk of the board shall annually
  288  notify such individuals or their professional associations to
  289  make known to them that opportunities to serve as special
  290  magistrates exist. The Department of Revenue shall provide a
  291  list of qualified special magistrates to any county with a
  292  population of 75,000 or less. Subject to appropriation, the
  293  department shall reimburse counties with a population of 75,000
  294  or less for payments made to special magistrates appointed for
  295  the purpose of taking testimony and making recommendations to
  296  the value adjustment board pursuant to this section. The
  297  department shall establish a reasonable range for payments per
  298  case to special magistrates based on such payments in other
  299  counties. Requests for reimbursement of payments outside this
  300  range shall be justified by the county. If the total of all
  301  requests for reimbursement in any year exceeds the amount
  302  available pursuant to this section, payments to all counties
  303  shall be prorated accordingly. If a county having a population
  304  less than 75,000 does not appoint a special magistrate to hear
  305  each petition, the person or persons designated to hear
  306  petitions before the value adjustment board or the attorney
  307  appointed to advise the value adjustment board shall attend the
  308  training provided pursuant to subsection (3), regardless of
  309  whether the person would otherwise be required to attend, but
  310  shall not be required to pay the tuition fee specified in
  311  subsection (3). A special magistrate appointed to hear issues of
  312  exemptions and classifications shall be a member of The Florida
  313  Bar with no less than 5 years’ experience in the area of ad
  314  valorem taxation. A special magistrate appointed to hear issues
  315  regarding the valuation of real estate shall be a state
  316  certified real estate appraiser with not less than 5 years’
  317  experience in real property valuation. A special magistrate
  318  appointed to hear issues regarding the valuation of tangible
  319  personal property shall be a designated member of a nationally
  320  recognized appraiser’s organization with not less than 5 years’
  321  experience in tangible personal property valuation. A special
  322  magistrate need not be a resident of the county in which he or
  323  she serves. A special magistrate may not represent a person
  324  before the board in any tax year during which he or she has
  325  served that board as a special magistrate. A special magistrate
  326  may not hear a petition by a taxpayer if the special magistrate
  327  has provided services to the taxpayer within the prior 12 months
  328  or if the special magistrate reasonably anticipates providing
  329  services to the taxpayer within the next 12 months. Under such
  330  circumstances, the special magistrate has a duty to recuse
  331  himself or herself immediately upon learning the identity of the
  332  taxpayer. Before appointing a special magistrate, a value
  333  adjustment board shall verify the special magistrate’s
  334  qualifications. The value adjustment board shall ensure that the
  335  selection of special magistrates is based solely upon the
  336  experience and qualifications of the special magistrate and is
  337  not influenced by the property appraiser. The special magistrate
  338  shall accurately and completely preserve all testimony and, in
  339  making recommendations to the value adjustment board, shall
  340  include proposed findings of fact, conclusions of law, and
  341  reasons for upholding or overturning the determination of the
  342  property appraiser. A special magistrate is subject to s.
  343  112.313(1)-(6), (8), (10), and (12). The expense of hearings
  344  before magistrates and any compensation of special magistrates
  345  shall be borne three-fifths by the board of county commissioners
  346  and two-fifths by the school board. When appointing a special
  347  magistrate or scheduling a special magistrate for a specific
  348  hearing, the board, board attorney, and board clerk may not
  349  consider the dollar amount or percentage of any assessment
  350  reductions recommended by any special magistrate in the current
  351  year or in any previous year.
  352         Section 12. The Legislature finds that this act fulfills an
  353  important state interest.
  354         Section 13. Except as otherwise expressly provided in this
  355  act, this act shall take effect July 1, 2015.
  356  
  357  ================= T I T L E  A M E N D M E N T ================
  358  And the title is amended as follows:
  359         Delete everything before the enacting clause
  360  and insert:
  361                        A bill to be entitled                      
  362         An act relating to ad valorem taxation; amending s.
  363         129.03, F.S.; revising the information required to be
  364         included on summaries of adopted tentative budgets;
  365         authorizing a summary statement to be published more
  366         than once in specified locations; amending s.
  367         192.0105, F.S.; conforming a provision to changes made
  368         by the act; amending s. 193.0235, F.S.; revising the
  369         definition of the term “common element” for purposes
  370         of prorating ad valorem taxes for certain properties
  371         under certain circumstances; amending s. 193.122,
  372         F.S.; establishing deadlines for value adjustment
  373         boards to hear petitions and issue the second tax roll
  374         certification; providing applicability; amending s.
  375         194.011, F.S.; specifying procedures for filing
  376         petitions to the value adjustment board; amending s.
  377         194.014, F.S.; revising the entities authorized to
  378         determine under certain circumstances that a
  379         petitioner owes ad valorem taxes or is owed a refund
  380         of overpaid taxes; revising the interest rate upon
  381         which unpaid and overpaid ad valorem taxes accrue;
  382         defining the term “bank prime loan rate”; amending s.
  383         194.015, F.S.; authorizing the district school board
  384         and county commission to audit certain expenses of the
  385         value adjustment board; amending s. 194.032, F.S.;
  386         requiring a property appraiser to notify a petitioner
  387         when property record cards are available online;
  388         authorizing a property appraiser to reschedule a
  389         hearing relating to an assessment; requiring a
  390         petitioner and a property appraiser to show good cause
  391         to reschedule such hearing; defining the term “good
  392         cause”; requiring the clerk to provide certain notice
  393         to a petitioner of a rescheduled hearing requested by
  394         the petitioner; amending s. 194.034, F.S.; revising
  395         the entities that may represent a taxpayer before the
  396         value adjustment board; amending s. 194.035, F.S.;
  397         prohibiting a special magistrate from hearing a
  398         petition by a taxpayer if the special magistrate has
  399         provided services to the taxpayer or reasonably
  400         anticipates providing such services; requiring a
  401         special magistrate to recuse himself or herself under
  402         certain circumstances; providing that a special
  403         magistrate is subject to certain laws relating to
  404         standards of conduct for public officers and
  405         employees; prohibiting consideration to be given in
  406         the appointment of special magistrates to assessment
  407         reductions recommended by a special magistrate;
  408         providing a legislative finding of important state
  409         interest; providing effective dates.