Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1766
       
       
       
       
       
       
                                Barcode 141838                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2011           .                                
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       The Committee on Community Affairs (Storms) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 44 - 183
    4  and insert:
    5  their supervision and control, except upon court order or order
    6  of an administrative body having quasi-judicial powers in ad
    7  valorem tax matters, and such returns are exempt from the
    8  provisions of s. 119.07(1). The deliberate or intentional
    9  disclosure of any such records without the written consent of
   10  the taxpayer constitutes misfeasance or malfeasance and may be
   11  grounds for removal from office.
   12         Section 2. Subsection (4) of section 194.011, Florida
   13  Statutes, is amended to read:
   14         194.011 Assessment notice; objections to assessments.—
   15         (4)(a) At least 15 days before the hearing the petitioner
   16  must shall provide to the property appraiser a list of evidence
   17  to be presented at the hearing, together with copies of all
   18  documentation to be considered by the value adjustment board and
   19  a summary of evidence to be presented by witnesses.
   20         (b) At least No later than 7 days before the hearing, if
   21  the petitioner has provided the information required under
   22  paragraph (a), and if requested in writing by the petitioner,
   23  the property appraiser must shall provide to the petitioner a
   24  list of evidence to be presented at the hearing, together with
   25  copies of all documentation to be considered by the value
   26  adjustment board and a summary of evidence to be presented by
   27  witnesses. The evidence list must contain the property record
   28  card if provided by the clerk. Failure of the property appraiser
   29  to timely comply with the requirements of this paragraph shall
   30  result in a rescheduling of the hearing.
   31         (c) The value adjustment board may not consider evidence or
   32  documentation that the petitioner or property appraiser failed
   33  to provide within the time specified in this subsection to the
   34  other party.
   35         Section 3. Section 194.034, Florida Statutes, is amended to
   36  read:
   37         194.034 Hearing procedures; rules.—
   38         (1)(a) A petitioner Petitioners before the board may be
   39  represented by an attorney or agent and present testimony and
   40  other evidence. The property appraiser or his or her authorized
   41  representative representatives may be represented by an attorney
   42  in defending the property appraiser’s assessment or opposing an
   43  exemption and may present testimony and other evidence. The
   44  property appraiser, each petitioner, and all witnesses shall be
   45  required, upon the request of either party, to testify under
   46  oath as administered by the chairperson of the board. Hearings
   47  shall be conducted in the manner prescribed by rules of the
   48  department. The rules must allow a party to cross-examine, which
   49  rules shall include the right of cross-examination of any
   50  witness.
   51         (b) This section does not prohibit Nothing herein shall
   52  preclude an aggrieved taxpayer from contesting his or her
   53  assessment in circuit court pursuant to the manner provided by
   54  s. 194.171, whether or not he or she has initiated an action
   55  pursuant to s. 194.011.
   56         (c) Hearings shall be conducted in the manner prescribed by
   57  rules of the department. The rules must:
   58         1. Allow a party to cross-examine any witness; The rules
   59  shall provide that no evidence shall be considered by
   60         2. Prohibit the board from considering evidence except when
   61  presented during the time scheduled for the petitioner’s hearing
   62  or at a time when the petitioner has been given reasonable
   63  notice;
   64         3. Require the board to make that a verbatim record of the
   65  proceedings shall be made, to preserve and proof of any
   66  documentary evidence presented, and to make the evidence shall
   67  be preserved and made available to the Department of Revenue, if
   68  requested; and
   69         4. State that the petitioner may appeal the decision of the
   70  board pursuant to s. 194.171 or further judicial proceedings
   71  shall be as provided in s. 194.036.
   72         (d) Notwithstanding the provisions of this subsection, no
   73  petitioner may present for consideration, nor may a board or
   74  special magistrate accept for consideration, testimony or other
   75  evidentiary materials that were requested of the petitioner in
   76  writing by the property appraiser of which the petitioner had
   77  knowledge and denied to the property appraiser.
   78         (d)(e) Chapter 120 does not apply to hearings of the value
   79  adjustment board.
   80         (e)(f) An assessment may not be contested until a return
   81  required by s. 193.052 has been filed.
   82         (2) In each case, except when a complaint is withdrawn by
   83  the petitioner or is acknowledged as correct by the property
   84  appraiser, the value adjustment board shall render a written
   85  decision. All such decisions shall be issued within 20 calendar
   86  days of the last day the board is in session under s. 194.032.
   87  The decision of the board shall contain findings of fact and
   88  conclusions of law and shall include reasons for upholding or
   89  overturning the determination of the property appraiser. If When
   90  a special magistrate is has been appointed, the recommendations
   91  of the special magistrate must shall be considered by the board.
   92  The clerk, upon issuance of the decisions, must shall, on a form
   93  provided by the Department of Revenue, notify by first-class
   94  mail each taxpayer, the property appraiser, and the department
   95  of the decision of the board.
   96         (3) Appearance before an advisory board or agency created
   97  by The county may not require a taxpayer to appear before an
   98  advisory board or agency created by the county be required as a
   99  prerequisite condition to appearing before the value adjustment
  100  board.
  101         (4) A condominium homeowners’ association may appear before
  102  the board to present testimony and evidence regarding the
  103  assessment of condominium units that which the association
  104  represents. Such testimony and evidence must shall be considered
  105  by the board with respect to hearing petitions filed by
  106  individual condominium unit owners, unless the owner requests
  107  otherwise.
  108         (5) For the purposes of review of a petition, the board may
  109  consider assessments among comparable properties within
  110  homogeneous areas or neighborhoods.
  111         (6) For purposes of hearing joint petitions filed pursuant
  112  to s. 194.011(3)(e), each included parcel shall be considered by
  113  the board as a separate petition. Such separate petitions shall
  114  be heard consecutively by the board. If a special magistrate is
  115  appointed, such separate petitions must shall all be assigned to
  116  the same special magistrate.
  117         Section 4. Subsection (1) of section 194.035, Florida
  118  Statutes, is amended to read:
  119         194.035 Special magistrates; property evaluators.—
  120         (1)(a) In counties having a population of more than 75,000,
  121  the board shall appoint special magistrates for the purpose of
  122  taking testimony and making recommendations to the board, which
  123  recommendations the board may act upon without further hearing.
  124  These special magistrates may not be elected or appointed
  125  officials or employees of the county but shall be selected from
  126  a list of those qualified individuals who are willing to serve
  127  as special magistrates. Employees and elected or appointed
  128  officials of a taxing jurisdiction or of the state may not serve
  129  as special magistrates. The clerk of the board shall annually
  130  notify such individuals or their professional associations to
  131  make known to them that opportunities to serve as special
  132  magistrates exist. The Department of Revenue shall provide a
  133  list of qualified special magistrates to any county with a
  134  population of 75,000 or less. Subject to appropriation, the
  135  department shall reimburse counties with a population of 75,000
  136  or less for payments made to special magistrates appointed for
  137  the purpose of taking testimony and making recommendations to
  138  the value adjustment board pursuant to this section. The
  139  department shall establish a reasonable range for payments per
  140  case to special magistrates based on such payments in other
  141  counties. Requests for reimbursement of payments outside this
  142  range shall be justified by the county. If the total of all
  143  requests for reimbursement in any year exceeds the amount
  144  available pursuant to this section, payments to all counties
  145  shall be prorated accordingly. If a county having a population
  146  less than 75,000 does not appoint a special magistrate to hear
  147  each petition, the person or persons designated to hear
  148  petitions before the value adjustment board or the attorney
  149  appointed to advise the value adjustment board shall attend the
  150  training provided pursuant to subsection (3), regardless of
  151  whether the person would otherwise be required to attend, but
  152  shall not be required to pay the tuition fee specified in
  153  subsection (3). A special magistrate appointed to hear issues of
  154  exemptions and classifications shall be a member of The Florida
  155  Bar with no less than 5 years’ experience in the area of ad
  156  valorem taxation. A special magistrate appointed to hear issues
  157  regarding the valuation of real estate shall be a state
  158  certified real estate appraiser with not less than 5 years’
  159  experience in real property valuation. A special magistrate
  160  appointed to hear issues regarding the valuation of tangible
  161  personal property shall be a designated member of a nationally
  162  recognized appraiser’s organization with not less than 5 years’
  163  experience in tangible personal property valuation. A special
  164  magistrate need not be a resident of the county in which he or
  165  she serves. A special magistrate may not represent a person
  166  before the board in any tax year during which he or she has
  167  served that board as a special magistrate. Before appointing a
  168  special magistrate, a value adjustment board shall verify the
  169  special magistrate’s qualifications. The value adjustment board
  170  shall ensure that the selection of special magistrates is based
  171  solely upon the experience and qualifications of the special
  172  magistrate and is not influenced by the property appraiser. The
  173  special magistrate shall accurately and completely preserve all
  174  testimony and, in making recommendations to the value adjustment
  175  board, shall include proposed findings of fact, conclusions of
  176  law, and reasons for upholding or overturning the determination
  177  of the property appraiser. The expense of hearings before
  178  magistrates and any compensation of special magistrates shall be
  179  borne three-fifths by the board of county commissioners and two
  180  fifths by the school board.
  181         (b) The department shall create a process by rule for the
  182  random selection of special magistrates by a value adjustment
  183  board. The process may not allow the property appraiser to have
  184  any influence over the selection of a special magistrate. An
  185  attempt by a property appraiser to influence the selection of a
  186  special magistrate constitutes misfeasance or malfeasance and
  187  may be grounds for removal from office.
  188         Section 5. Subsection (3) of section 195.027, Florida
  189  Statutes, is amended to read:
  190         195.027 Rules and regulations.—
  191         (3)(a) The rules and regulations shall provide procedures
  192  whereby the property appraiser, the Department of Revenue, and
  193  the Auditor General may shall be able to obtain access, if where
  194  necessary, the to financial records of a taxpayer relating to
  195  nonhomestead property which records are required to make a
  196  determination of the proper assessment as to the particular
  197  property in question. Access to a taxpayer’s records shall be
  198  provided only in those instances in which it is determined that
  199  such records are necessary to determine either the
  200  classification or the value of the taxable nonhomestead
  201  property. Access shall be provided only to those records which
  202  pertain to the property physically located in the taxing county
  203  as of January 1 of each year and to the income from such
  204  property generated in the taxing county for the year in which a
  205  proper assessment is made. The failure of a taxpayer to provide
  206  the financial records does not preclude the trier of fact in an
  207  administrative or judicial proceeding from considering those
  208  records to determine the just value of the taxpayer’s property.
  209  All records produced by the taxpayer under this subsection are
  210  shall be deemed to be confidential in the hands of the property
  211  appraiser, the department, the tax collector, and the Auditor
  212  General and may shall not be divulged to any person, firm, or
  213  corporation, except upon court order or order of an
  214  administrative body having quasi-judicial powers in ad valorem
  215  tax matters, and such records are exempt from the provisions of
  216  
  217  ================= T I T L E  A M E N D M E N T ================
  218         And the title is amended as follows:
  219         Delete lines 4 - 17
  220  and insert:
  221         valorem taxation; amending s. 193.074, F.S.; providing
  222         that the disclosure of a confidential property tax
  223         return without the written consent of the taxpayer may
  224         be grounds for removal from office; amending s.
  225         194.011, F.S.; prohibiting the value adjustment board
  226         from considering certain evidence or documentation
  227         that was not timely disclosed; amending s. 194.034,
  228         F.S.; deleting a provision prohibiting a value
  229         adjustment board or special magistrate from
  230         considering certain evidence from a petitioner which
  231         was not timely provided to the property appraiser;
  232         amending s. 194.035, F.S.; requiring the Department of
  233         Revenue to create a process by rule for the random
  234         selection of special magistrates by a value adjustment
  235         board; providing that an attempt to influence the
  236         selection of a special magistrate by the property
  237         appraiser constitutes misfeasance or malfeasance and
  238         may be grounds for removal from office;