House Bill hb1941
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    Florida House of Representatives - 2002                HB 1941
        By the Committee on Fiscal Policy & Resources and
    Representative Wallace
  1                      A bill to be entitled
  2         An act relating to property tax administration;
  3         amending s. 195.062, F.S.; authorizing the
  4         Department of Revenue to update certain
  5         guidelines for tangible personal property
  6         assessment; authorizing incorporation of
  7         certain information into the guidelines under
  8         certain circumstances; specifying
  9         nonapplication of certain administrative
10         procedures; amending s. 197.182, F.S.;
11         establishing procedures and time periods for
12         approval or denial of property tax refund
13         claims; providing duties of the department,
14         property appraiser, and tax collector; amending
15         s. 200.069, F.S.; revising and clarifying
16         requirements for the notice of proposed
17         property taxes and non-ad valorem assessments;
18         authorizing the department to adjust the
19         placement of required information on certain
20         forms; providing an effective date.
21
22  Be It Enacted by the Legislature of the State of Florida:
23
24         Section 1.  Subsection (1) of section 195.062, Florida
25  Statutes, is amended to read:
26         195.062  Manual of instructions.--
27         (1)  The department shall prepare and maintain a
28  current manual of instructions for property appraisers and
29  other officials connected with the administration of property
30  taxes. This manual shall contain all:
31         (a)  Rules and regulations.
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  1         (b)  Standard measures of value.
  2         (c)  Forms and instructions relating to the use of
  3  forms and maps.
  4
  5  Consistent with s. 195.032, the standard measures of value
  6  shall be adopted in general conformity with the procedures set
  7  forth in s. 120.54, but shall not have the force or effect of
  8  such rules and shall be used only to assist tax officers in
  9  the assessment of property as provided by s. 195.002.
10  Guidelines may be updated annually to incorporate new market
11  data, which may be in tabular form. Such new data may be
12  incorporated into the guidelines on the approval of the
13  executive director if after notice in substantial conformity
14  with s. 120.54 there is no objection filed with the department
15  within 45 days, and the procedures set forth in s. 120.54 do
16  not apply.
17         Section 2.  Paragraphs (e), (f), (g), (h), (i), (j),
18  (k), and (l) are added to subsection (1) of section 197.182,
19  Florida Statutes, to read:
20         197.182  Department of Revenue to pass upon and order
21  refunds.--
22         (1)
23         (e)  If funds are available from current receipts and,
24  subject to subsection (3), if a refund is approved, the
25  taxpayer is entitled to receive a refund within 100 days after
26  a claim for refund is made, unless the tax collector, property
27  appraiser, or department states good cause for remitting the
28  refund after that date. The times stated in this paragraph and
29  paragraphs (g) through (j) are directory and may be extended
30  by a maximum of an additional 60 days if good cause is stated.
31
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  1         (f)  If the taxpayer contacts the property appraiser
  2  first, the property appraiser shall refer the taxpayer to the
  3  tax collector.
  4         (g)  If a correction to the roll by the property
  5  appraiser is required as a condition for the refund, the tax
  6  collector shall, within 30 days, advise the property appraiser
  7  of the taxpayer's application for a refund and forward the
  8  application to the property appraiser.
  9         (h)  The property appraiser has 30 days after receipt
10  of the form from the tax collector to correct the roll if a
11  correction is permissible by law. After that time, the request
12  is considered to be denied. If a refund is denied under this
13  paragraph and no good cause has been shown, the tax collector
14  shall issue the denial in writing to the taxpayer.
15         (i)  If the refund is not one that can be directly
16  acted upon by the tax collector and for which an order from
17  the department is required, the tax collector shall forward
18  the claim for refund to the department upon receipt of the
19  correction from the property appraiser or 30 days after the
20  claim for refund, whichever occurs first. This provision does
21  not apply to corrections resulting in refunds of less than
22  $400 which the tax collector shall make directly without order
23  from the department and from undistributed funds and may make
24  without approval of the various taxing authorities.
25         (j)  The department shall approve or deny all refunds
26  within 30 days after receiving from the tax collector the
27  claim for refund unless good cause is stated for delaying the
28  approval or denial beyond that date.
29         (k)  Subject to and after meeting the requirements of
30  s. 194.171 and this section, an action to contest a denial of
31  refund may not be brought later than 60 days after the date
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  1  the tax collector issues the denial to the taxpayer, which
  2  notice must be sent by certified mail or 4 years after January
  3  1 of the year for which the taxes were paid, whichever is
  4  later.
  5         (l)  In computing any time period under this section,
  6  when the last day of the period is a Saturday, Sunday, or
  7  legal holiday, the period is to be extended to the next
  8  working day.
  9         Section 3.  Section 200.069, Florida Statutes, is
10  amended to read:
11         200.069  Notice of proposed property taxes and non-ad
12  valorem assessments.--Pursuant to s. 200.065(2)(b), the
13  property appraiser, in the name of the taxing authorities and
14  local governing boards levying non-ad valorem assessments
15  within his or her jurisdiction and at the expense of the
16  county, shall prepare and deliver by first-class mail to each
17  taxpayer to be listed on the current year's assessment roll a
18  notice of proposed property taxes, which notice shall contain
19  the elements and use the format provided be in substantially
20  the following form. Notwithstanding the provisions of s.
21  195.022, no county officer shall use a form other than that
22  provided in this section by the department for this purpose,
23  except as provided in s. 200.065(13). The department may
24  adjust the spacing and placement on the form of the elements
25  listed in this section as the department considers necessary
26  based on changes in conditions necessitated by various taxing
27  authorities. If the elements are in the order listed, the
28  placement of the listed columns may be varied at the
29  discretion and expense of the property appraiser and the
30  property appraiser may use printing technology and devices to
31  complete the form, spacing, and placement of the information
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  1  in the columns. A county officer may use a form other than
  2  that provided by the department for purposes of this part but
  3  only if his or her office pays the related expenses and he or
  4  she obtains prior written permission from the executive
  5  director of the department; however, a county officer may not
  6  use a form the substantive content of which is at variance
  7  with the form prescribed by the department. The county officer
  8  may continue to use such an approved form until the law that
  9  specifies the form is amended or repealed or until the officer
10  receives written disapproval from the executive director.
11         (1)  The notice shall read:
12
13                NOTICE OF PROPOSED PROPERTY TAXES
14                  DO NOT PAY--THIS IS NOT A BILL
15
16         The taxing authorities which levy property taxes
17  against your property will soon hold PUBLIC HEARINGS to adopt
18  budgets and tax rates for the next year.
19         The purpose of these PUBLIC HEARINGS is to receive
20  opinions from the general public and to answer questions on
21  the proposed tax change and budget PRIOR TO TAKING FINAL
22  ACTION.
23         Each taxing authority may AMEND OR ALTER its proposals
24  at the hearing.
25
26         (2)  The notice shall further contain information
27  applicable to the specific parcel in question.  The
28  information shall be in columnar form. There shall be five
29  column headings which shall read:  "Taxing Authority," "Your
30  Property Taxes Last Year," "Your Taxes This Year IF PROPOSED
31  Budget Change is Made," "A Public Hearing on the Proposed
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  1  Taxes and Budget Will be Held:", and "Your Taxes This Year IF
  2  NO Budget Change is Made."
  3         (3)  There shall be under each column heading an entry
  4  for the county; the school district levy required pursuant to
  5  s. 236.02(6); other operating school levies; the municipality
  6  or municipal service taxing unit or units in which the parcel
  7  lies, if any; the water management district levying pursuant
  8  to s. 373.503; the independent special districts in which the
  9  parcel lies, if any; and for all voted levies for debt service
10  applicable to the parcel, if any.
11         (4)  For each entry listed in subsection (3), there
12  shall appear on the notice the following:
13         (a)  In the first column, a brief, commonly used name
14  for the taxing authority or its governing body. The entry in
15  the first column for the levy required pursuant to s.
16  236.02(6) shall be "By State Law." The entry for other
17  operating school district levies shall be "By Local Board."
18  Both school levy entries shall be indented and preceded by the
19  notation "Public Schools:". For each voted levy for debt
20  service, the entry shall be "Voter Approved Debt Payments."
21         (b)  In the second column, the gross amount of ad
22  valorem taxes levied against the parcel in the previous year.
23  If the parcel did not exist in the previous year, the second
24  column shall be blank.
25         (c)  In the third column, the gross amount of ad
26  valorem taxes proposed to be levied in the current year, which
27  amount shall be based on the proposed millage rates provided
28  to the property appraiser pursuant to s. 200.065(2)(b) or, in
29  the case of voted levies for debt service, the millage rate
30  previously authorized by referendum, and the taxable value of
31  the parcel as shown on the current year's assessment roll.
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  1         (d)  In the fourth column, the date, the time, and a
  2  brief description of the location of the public hearing
  3  required pursuant to s. 200.065(2)(c).
  4         (e)  In the fifth column, the gross amount of ad
  5  valorem taxes which would apply to the parcel in the current
  6  year if each taxing authority were to levy the rolled-back
  7  rate computed pursuant to s. 200.065(1) or, in the case of
  8  voted levies for debt service, the amount previously
  9  authorized by referendum.
10         (f)  For special assessments collected utilizing the ad
11  valorem method pursuant to s. 197.363, the previous year's
12  assessment amount shall be added to the ad valorem taxes shown
13  in the second and fifth columns, and the amount proposed to be
14  imposed for the current year shall be added to the ad valorem
15  taxes shown in the third column.
16         (5)  The amounts shown on each line preceding each
17  entry for voted levies for debt service shall include the sum
18  of all ad valorem levies of the applicable unit of local
19  government for operating purposes, including those of
20  dependent special districts (except for municipal service
21  taxing units, which shall be listed on the line for
22  municipalities), and all nonvoted or nondebt service special
23  assessments imposed by the applicable unit of local government
24  to be collected utilizing the ad valorem method.
25         (6)  Following the entries for each taxing authority, a
26  final entry shall show:  in the first column, the words "Total
27  Property Taxes:" and in the second, third, and fifth columns,
28  the sum of the entries for each of the individual taxing
29  authorities.  The second, third, and fifth columns shall,
30  immediately below said entries, be labeled Column 1, Column 2,
31  and Column 3, respectively.  Below these labels shall appear,
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  1  in boldfaced type, the statement:  SEE REVERSE SIDE FOR
  2  EXPLANATION.
  3         (7)  The notice shall further show a brief legal
  4  description of the property and the name and mailing address
  5  of the owner of record.
  6         (8)  The notice shall further read:
  7
  8                 Market       Assessed       Exemp-       Taxable
  9                 Value         Value         tions         Value
10  Your Property
11  Value Last
12  Year         $.........    $.........    $.........    $.........
13  Your Property
14  Value This
15  Year         $.........    $.........    $.........    $.........
16
17         If you feel that the market value of your property is
18  inaccurate or does not reflect fair market value, contact your
19  county property appraiser at ...(phone number)... or
20  ...(location)....
21         If the property appraiser's office is unable to resolve
22  the matter as to market value, you may file a petition for
23  adjustment with the Value Adjustment Board. Petition forms are
24  available from the county property appraiser and must be filed
25  ON OR BEFORE ...(date)....
26
27         (9)  The reverse side of the form shall read:
28
29                           EXPLANATION
30
31  *COLUMN 1--"YOUR PROPERTY TAXES LAST YEAR"
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  1  This column shows the taxes that applied last year to your
  2  property. These amounts were based on budgets adopted last
  3  year and your property's previous taxable value.
  4  *COLUMN 2--"YOUR TAXES IF PROPOSED BUDGET CHANGE IS MADE"
  5  This column shows what your taxes will be this year under the
  6  BUDGET ACTUALLY PROPOSED by each local taxing authority. The
  7  proposal is NOT final and may be amended at the public
  8  hearings shown on the front side of this notice.
  9  *COLUMN 3--"YOUR TAXES IF NO BUDGET CHANGE IS MADE"
10  This column shows what your taxes will be this year IF EACH
11  TAXING AUTHORITY DOES NOT INCREASE ITS PROPERTY TAX LEVY.
12  These amounts are based on last year's budgets and your
13  current assessment. The difference between columns 2 and 3 is
14  the tax change proposed by each local taxing authority and is
15  NOT the result of higher assessments.
16         ASSESSED VALUE means:
17         For homestead property: value as limited by the State
18  Constitution;
19         For agricultural and similarly assessed property:
20  classified use value;
21         For all other property: market value.
22
23  *Note: Amounts shown on this form do NOT reflect early payment
24  discounts you may have received or may be eligible to receive.
25  (Discounts are a maximum of 4 percent of the amounts shown on
26  this form.)
27
28         (10)  The front side of the form required pursuant to
29  this section shall approximate in all essential respects the
30  facsimile set forth in this subsection as it appears in s. 26,
31
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  1  chapter 80-274, Laws of Florida, except for amendments
  2  subsequent to 1980.
  3         (10)(11)  The bottom portion of the notice shall
  4  further read in bold, conspicuous print:
  5
  6         "Your final tax bill may contain non-ad valorem
  7         assessments which may not be reflected on this
  8         notice such as assessments for roads, fire,
  9         garbage, lighting, drainage, water, sewer, or
10         other governmental services and facilities
11         which may be levied by your county, city, or
12         any special district."
13
14         (11)(12)(a)  If requested by the local governing board
15  levying non-ad valorem assessments and agreed to by the
16  property appraiser, the notice specified in this section may
17  contain a notice of proposed or adopted non-ad valorem
18  assessments.  If so agreed, the notice shall be titled:
19
20                NOTICE OF PROPOSED PROPERTY TAXES
21                     AND PROPOSED OR ADOPTED
22                    NON-AD VALOREM ASSESSMENTS
23                  DO NOT PAY--THIS IS NOT A BILL
24
25  There must be a clear partition between the notice of proposed
26  property taxes and the notice of proposed or adopted non-ad
27  valorem assessments.  The partition must be a bold, horizontal
28  line approximately  1/8 -inch thick.  By rule, the department
29  shall provide a format for the form of the notice of proposed
30  or adopted non-ad valorem assessments which meets the
31  following minimum requirements:
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  1         1.  There must be subheading for columns listing the
  2  levying local governing board, with corresponding assessment
  3  rates expressed in dollars and cents per unit of assessment,
  4  and the associated assessment amount.
  5         2.  The purpose of each assessment must also be listed
  6  in the column listing the levying local governing board if the
  7  purpose is not clearly indicated by the name of the board.
  8         3.  Each non-ad valorem assessment for each levying
  9  local governing board must be listed separately.
10         4.  If a county has too many municipal service benefit
11  units or assessments to be listed separately, it shall combine
12  them by function.
13         5.  A brief statement outlining the responsibility of
14  the tax collector and each levying local governing board as to
15  any non-ad valorem assessment must be provided on the form,
16  accompanied by directions as to which office to contact for
17  particular questions or problems.
18         (b)  If the notice includes all adopted non-ad valorem
19  assessments, the provisions contained in subsection (10) (11)
20  shall not be placed on the notice.
21         Section 4.  This act shall take effect January 1, 2003.
22
23            *****************************************
24                          HOUSE SUMMARY
25
      Authorizes the department to update the guidelines for
26    tangible personal property assessment upon the approval
      of the executive director. Establishes procedures and
27    timelines for approval or denial of property tax refund
      claims. Provides that the department may adjust the
28    placement of required information on Truth-In-Millage
      forms.
29
30
31
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