Florida Property Tax Appeals and Value Adjustment Boards (VABs)

On June 4th, at 9:30 am, the Governor will sign HB 521. And the Value Adjustment Boards will change in a huge way for this bill puts conditions on the Presumption of Correctness afforded to property appraisers.

More later ...

House Bill 521 was sent to the Governor on May 26th. There is a limited period time, since that date, when he can sign the bill, veto the bill, or let the bill pass into law without signature.

In the meantime, the property appraisrs have enlisted local governmental entities, such as county commissions and school boards, to oppose the bill. Fiduciary obligations of elected officials to taxpayers don't count.

The typical "sky is falling" ar… Continue

Last week, at the Value Adjustment Board rule-making workshop(s), DOR was talking about two topics which are troubling as follows:

1 Requiring attorneys and agents to provide "letters of authorization" to property appraisers as part of the VAB evidence exchange.

A There is nothing in the petition litany or the evidence exchange, both enumerated in Chapter 194, which requires such a document. According to the plain English in Section 120.52(8), an agency cannot expand upon… Continue

Assessments standards in Florida include the requirement that values, for ad valorem purposes, should be unencumbered fee simple. Effectively, that means a hypothetical should be used, and the assumption should be that any building is considered vacant on January 1st, the assessment date. Then the question becomes: On January 1st, what would the property command if offered to the market, for lease or for sale?

So, what's going on at the Mia… Continue

In 2002, Attorney General Bob Butterworth signed an Attorney General's Opinion, in which he said, effectively, that Value Adjustment Boards could not exceed the authority granted to them legislatively. The Opinion related to an attempt, in Miami, to create criteria affecting agents who are engaged by taxpayers to appeal assessments.

However, numerous counties ignored that Opinion, also appeared to ignore the Administrative Procedures Act, specifically FS 120.52(8… Continue