CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 134

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Horne moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 1, delete everything after the enacting clause

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16  and insert:

17         Section 1.  Subsection (7) is added to section 194.171,

18  Florida Statutes, to read:

19         194.171  Circuit court to have original jurisdiction in

20  tax cases.--

21         (7)  In any administrative or judicial action in which

22  a taxpayer challenges an ad valorem tax assessment of value,

23  the property appraiser's assessment shall be presumed correct.

24  This presumption of correctness is lost if the taxpayer shows

25  by a preponderance of the evidence that either the property

26  appraiser has failed to consider properly the criteria in s.

27  193.011 or if the property appraiser's assessment is

28  arbitrarily based on appraisal practices which are different

29  from the appraisal practices generally applied by the property

30  appraiser to comparable property within the same class and

31  within the same county. If the presumption of correctness is

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                                                  SENATE AMENDMENT

    Bill No. SB 134

    Amendment No.    





  1  lost, the taxpayer shall have the burden of proving by a

  2  preponderance of the evidence that the appraiser's assessment

  3  is in excess of just value. If the presumption of correctness

  4  is retained, the taxpayer shall have the burden of proving by

  5  clear and convincing evidence that the appraiser's assessment

  6  is in excess of just value. In no case shall the taxpayer have

  7  the burden of proving that the property appraiser's assessment

  8  is not supported by any reasonable hypothesis of a legal

  9  assessment. If the property appraiser's assessment is

10  determined to be erroneous, the Value Adjustment Board or the

11  Court can establish the assessment if there exists competent,

12  substantial evidence in the record, which cumulatively meets

13  the requirements of s. 193.011. If the record lacks competent,

14  substantial evidence meeting the just value criteria of s.

15  193.011, the matter shall be remanded to the property

16  appraiser with appropriate directions from the Value

17  Adjustment Board or the Court.

18         Section 2.  This act shall take effect upon becoming a

19  law and shall first apply to assessments included in the

20  January 1, 1997 tax roll.

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23  ================ T I T L E   A M E N D M E N T ===============

24  And the title is amended as follows:

25         On page 1, delete everything before the enacting clause

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27  and insert:

28                      A bill to be entitled

29         An act relating to ad valorem tax

30         administration; amending s. 194.171, F.S.;

31         providing that the property appraiser's

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                                                  SENATE AMENDMENT

    Bill No. SB 134

    Amendment No.    





  1         assessment or determination is presumed correct

  2         in an administrative or judicial action in

  3         which a taxpayer challenges an ad valorem tax

  4         assessment of value; providing for a loss of

  5         the presumption under certain conditions;

  6         providing the taxpayer's burden of proof;

  7         providing for the establishment of the

  8         assessment if the property appraiser's

  9         assessment is determined to be erroneous;

10         providing for a remand of the assessment to the

11         property appraiser under certain conditions;

12         providing an effective date.

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