Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 972
       
       
       
       
       
       
                                Ì840530oÎ840530                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/16/2015           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Flores) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 65 - 220
    4  and insert:
    5  were assessed. If the number of petitions filed increases by
    6  more than 10 percent over the prior year, the June 1 deadline is
    7  extended until December 1. Upon the value adjustment board’s
    8  second such certification, the property appraiser shall
    9  recertify the tax rolls with all changes to the collector and
   10  shall provide public notice of the date and fact of
   11  recertification pursuant to subsection (2).
   12         Section 3. The amendment to s. 193.122, Florida Statutes,
   13  made by this act first applies to the 2017 tax roll.
   14         Section 4. Subsection (3) of section 194.011, Florida
   15  Statutes, is amended to read:
   16         194.011 Assessment notice; objections to assessments.—
   17         (3) A petition to the value adjustment board must be in
   18  substantially the form prescribed by the department.
   19  Notwithstanding s. 195.022, a county officer may not refuse to
   20  accept a form provided by the department for this purpose if the
   21  taxpayer chooses to use it. A petition to the value adjustment
   22  board must be signed by the taxpayer or accompanied by the
   23  taxpayer’s written authorization for representation by a person
   24  specified in s. 194.034(1)(a). A written authorization is valid
   25  for 1 tax year, and a new written authorization by the taxpayer
   26  shall be required for each subsequent tax year. A petition shall
   27  also describe the property by parcel number and shall be filed
   28  as follows:
   29         (a) The property appraiser shall have available and shall
   30  distribute forms prescribed by the Department of Revenue on
   31  which the petition shall be made. Such petition shall be sworn
   32  to by the petitioner.
   33         (b) The completed petition shall be filed with the clerk of
   34  the value adjustment board of the county, who shall acknowledge
   35  receipt thereof and promptly furnish a copy thereof to the
   36  property appraiser.
   37         (c) The petition shall state the approximate time
   38  anticipated by the taxpayer to present and argue his or her
   39  petition before the board.
   40         (d) The petition may be filed, as to valuation issues, at
   41  any time during the taxable year on or before the 25th day
   42  following the mailing of notice by the property appraiser as
   43  provided in subsection (1). With respect to an issue involving
   44  the denial of an exemption, an agricultural or high-water
   45  recharge classification application, an application for
   46  classification as historic property used for commercial or
   47  certain nonprofit purposes, or a deferral, the petition must be
   48  filed at any time during the taxable year on or before the 30th
   49  day following the mailing of the notice by the property
   50  appraiser under s. 193.461, s. 193.503, s. 193.625, s. 196.173,
   51  or s. 196.193 or notice by the tax collector under s. 197.2425.
   52         (e) A condominium association, cooperative association, or
   53  any homeowners’ association as defined in s. 723.075, with
   54  approval of its board of administration or directors, may file
   55  with the value adjustment board a single joint petition on
   56  behalf of any association members who own parcels of property
   57  which the property appraiser determines are substantially
   58  similar with respect to location, proximity to amenities, number
   59  of rooms, living area, and condition. The condominium
   60  association, cooperative association, or homeowners’ association
   61  as defined in s. 723.075 shall provide the unit owners with
   62  notice of its intent to petition the value adjustment board and
   63  shall provide at least 20 days for a unit owner to elect, in
   64  writing, that his or her unit not be included in the petition.
   65         (f) An owner of contiguous, undeveloped parcels may file
   66  with the value adjustment board a single joint petition if the
   67  property appraiser determines such parcels are substantially
   68  similar in nature.
   69         (g) The individual, agent, or legal entity that signs the
   70  petition becomes an agent of the taxpayer for the purpose of
   71  serving process to obtain personal jurisdiction over the
   72  taxpayer for the entire value adjustment board proceedings,
   73  including any appeals of a board decision by the property
   74  appraiser pursuant to s. 194.036.
   75         Section 5. Subsection (2) of section 194.014, Florida
   76  Statutes, is amended to read:
   77         194.014 Partial payment of ad valorem taxes; proceedings
   78  before value adjustment board.—
   79         (2) If the value adjustment board or the property appraiser
   80  determines that the petitioner owes ad valorem taxes in excess
   81  of the amount paid, the unpaid amount accrues interest at an
   82  annual percentage rate equal to the bank prime loan rate on July
   83  1, or the first business day thereafter if July 1 is a Saturday,
   84  Sunday, or legal holiday, of the tax the rate of 12 percent per
   85  year, beginning on from the date the taxes became delinquent
   86  pursuant to s. 197.333 until the unpaid amount is paid. If the
   87  value adjustment board or the property appraiser determines that
   88  a refund is due, the overpaid amount accrues interest at an
   89  annual percentage rate equal to the bank prime loan rate on July
   90  1, or the first business day thereafter if July 1 is a Saturday,
   91  Sunday, or legal holiday, of the tax the rate of 12 percent per
   92  year, beginning on from the date the taxes became delinquent
   93  pursuant to s. 197.333 until a refund is paid. Interest does not
   94  accrue on amounts paid in excess of 100 percent of the current
   95  taxes due as provided on the tax notice issued pursuant to s.
   96  197.322. As used in this subsection, the term “bank prime loan
   97  rate” means the average predominant prime rate quoted by
   98  commercial banks to large businesses as published by the Board
   99  of Governors of the Federal Reserve System.
  100         Section 6. Section 194.015, Florida Statutes, is amended to
  101  read:
  102         194.015 Value adjustment board.—There is hereby created A
  103  value adjustment board is created for each county, which shall
  104  consist of two members of the governing body of the county as
  105  elected from the membership of the board of said governing body,
  106  one of whom shall be elected chairperson, and one member of the
  107  school board as elected from the membership of the school board,
  108  and two citizen members, one of whom shall be appointed by the
  109  governing body of the county and must own homestead property
  110  within the county and one of whom must be appointed by the
  111  school board and must own a business occupying commercial space
  112  located within the school district. A citizen member may not be
  113  a member or an employee of any taxing authority, and may not be
  114  a person who represents property owners in any administrative or
  115  judicial review of property taxes. The members of the board may
  116  be temporarily replaced by other members of the respective
  117  boards on appointment by their respective chairpersons. Any
  118  three members shall constitute a quorum of the board, except
  119  that each quorum must include at least one member of said
  120  governing board, at least one member of the school board, and at
  121  least one citizen member and no meeting of the board shall take
  122  place unless a quorum is present. Members of the board may
  123  receive such per diem compensation as is allowed by law for
  124  state employees if both bodies elect to allow such compensation.
  125  The clerk of the governing body of the county shall be the clerk
  126  of the value adjustment board. The board shall appoint private
  127  counsel who has practiced law for over 5 years and who shall
  128  receive such compensation as may be established by the board.
  129  The private counsel may not represent the property appraiser,
  130  the tax collector, any taxing authority, or any property owner
  131  in any administrative or judicial review of property taxes. A No
  132  meeting of the board may not shall take place unless counsel to
  133  the board is present. Two-fifths of the expenses of the board
  134  shall be borne by the district school board and three-fifths by
  135  the district county commission. The district school board and
  136  the county commission may audit the expenses related to the
  137  value adjustment board process.
  138         Section 7. Paragraph (a) of subsection (2) of section
  139  194.032, Florida Statutes, is amended to read:
  140         194.032 Hearing purposes; timetable.—
  141         (2)(a) The clerk of the governing body of the county shall
  142  prepare a schedule of appearances before the board based on
  143  petitions timely filed with him or her. The clerk shall notify
  144  each petitioner of the scheduled time of his or her appearance
  145  at least 25 calendar days before the day of the scheduled
  146  appearance. The notice must indicate whether the petition has
  147  been scheduled to be heard at a particular time or during a
  148  block of time. If the petition has been scheduled to be heard
  149  within a block of time, the beginning and ending of that block
  150  of time must be indicated on the notice; however, as provided in
  151  paragraph (b), a petitioner may not be required to wait for more
  152  than a reasonable time, not to exceed 2 hours, after the
  153  beginning of the block of time. If the petitioner checked the
  154  appropriate box on the petition form to request a copy of the
  155  property record card containing relevant information used in
  156  computing the current assessment, the property appraiser must
  157  provide the copy to the petitioner upon receipt of the petition
  158  from the clerk regardless of whether the petitioner initiates
  159  evidence exchange, unless the property record card is available
  160  online from the property appraiser, in which case the property
  161  appraiser must notify the petitioner that the property record
  162  card is available online. Upon receipt of the notice, The
  163  petitioner or the property appraiser may reschedule the hearing
  164  a single time for good cause by submitting to the clerk a
  165  written request to reschedule, at least 5 calendar days before
  166  the day of the originally scheduled hearing. As used in this
  167  paragraph, the term “good cause” means circumstances beyond the
  168  control of the person seeking to reschedule the hearing which
  169  reasonably prevent the party from having adequate representation
  170  at the hearing. If the hearing is rescheduled by the petitioner,
  171  the clerk shall notify the petitioner of the rescheduled date
  172  and time for his or her appearance at least 15 calendar days
  173  before the date of the rescheduled appearance.
  174  
  175  ================= T I T L E  A M E N D M E N T ================
  176  And the title is amended as follows:
  177         Delete lines 10 - 19
  178  and insert:
  179         194.014, F.S.; revising the entities authorized to
  180         determine under certain circumstances that a
  181         petitioner owes ad valorem taxes or is owed a refund
  182         of overpaid taxes; revising the interest rate upon
  183         which unpaid and overpaid ad valorem taxes accrue;
  184         defining the term “bank prime loan rate”; amending s.
  185         194.015, F.S.; authorizing the district school board
  186         and county commission to audit certain expenses of the
  187         value adjustment board; amending s. 194.032, F.S.;
  188         requiring a property appraiser to notify a petitioner
  189         when property record cards are available online;
  190         authorizing a property appraiser to reschedule a
  191         hearing relating to an assessment; requiring a
  192         petitioner and a property appraiser to show good cause
  193         to reschedule such hearing; defining the term “good
  194         cause”; requiring the clerk to provide certain notice
  195         to a petitioner of a rescheduled hearing requested by
  196         the petitioner;