| In
the 2000 Legislative Session, the Florida Legislature created section 192.0105,
Florida Statutes, which summarizes ad valorem property taxpayers' rights.
Section 192.0105,
Florida Statutes, reads:
192.0105 Taxpayer
rights.--There is created a Florida Taxpayer's Bill of Rights for property
taxes and assessments to guarantee that the rights, privacy, and property
of the taxpayers of this state are adequately safeguarded and protected
during tax levy, assessment, collection, and enforcement processes administered
under the revenue laws of this state. The Taxpayer's Bill of Rights complies,
in one document, brief but comprehensive statements that summarize the
rights and obligations of the property appraisers, tax collectors, clerk
of the court, local governing boards, the Department of Revenue, and taxpayers.
The rights afforded taxpayers to assure that their privacy and property
are safeguarded and protected during tax levy, assessment, and collection
are available only insofar as they are implemented in other parts of the
Florida Statutes or rules of the Department of Revenue. The rights so guaranteed
to state taxpayers in the Florida Statutes and the departmental rules include:
(1)
The Right to Know
(a) The right to be mailed notice of proposed property taxes
and proposed or adopted non-ad valorem assessments (see ss. 194.011(1),
200.065(2)(b) and (d) and (13)(a), and 200.069). The notice must also inform
the taxpayer that the final tax bill may contain additional non-ad valorem
assessments (see ss. 200.069(12)).
(b) The right to notification of a public hearing on each taxing
authority's tentative budget and proposed millage rate and advertisement
of a public hearing to finalize the budget and adopt a millage rate (see
ss. 200.065(2)(c) and (d)).
(c) The right to advertise notice of the amount by which the
tentatively adopted millage rate results in taxes that exceed the previous
year's taxes (see ss. 200.065(2)(d) and (3)). The right to notification
by first-class mail of a comparison of the amount of the taxes to be levied
from the proposed millage rate under the tentative budget change, compared
to the previous year's taxes, and also compared to the taxes that would
be levied if no budget change is made (see ss. 200.065(2)(b) and 200.069(2),
(3), (4), and (9)).
(d) The right that the adopted millage rate will not exceed
the tentative adopted millage rate. If the tentative rate exceeds the proposed
rate, each taxpayer shall be mailed notice comparing his or her taxes under
the tentative adopted millage rate to the taxes under the previously proposed
rate, before a hearing to finalize the budget and adopt millage (see s.
200.065(2)(d)).
(e) The right to be sent notice by first- class mail of a non-ad
valorem assessment hearing at least 20 days before the hearing with pertinent
information, including the total amount to be levied against each parcel.
All affected property owners have the right to appear at the hearing and
to file written objections with the local governing board (see ss. 197.3632(4)(b)
and (c) and (10)(b)2.b.).
(f) The right of an exemption recipient to be sent a renewal
application for that exemption, the right to a receipt for homestead exemption
claim when filed, and the right to notice of denial of exemption (see ss.
196.011(6), 196.131(1), 196.151, and 196.193(1)(c) and (5)).
(g) The right, on property determined not to have been entitled
to homestead exemption in a prior year, to notice of intent from the property
appraiser to record notice of tax lien and the right to pay tax, penalty,
and interest before a tax lien is recorded for any prior year (see ss.
196.161(1)(b)).
(h) The right to be informed during the tax collection process,
including: notice of tax due; notice of back taxes; notice of late taxes
and assessments and consequences of nonpayment; opportunity to pay estimated
taxes and non-ad valorem assessments when the tax roll will not be certified
in time; notice when interest begins to accrue on delinquent provisional
taxes; notice of the right to prepay estimated taxes by installment; a
statement of the taxpayer's estimated tax liability for use in making installment
payments; and notice of right to defer taxes and non-ad valorem assessments
on homestead property (see ss. 197.322(3), 197.3635, 197.363(2)(c), 197.222(3)
and (5), 197.2301(3),197.3632(8)(a), 193.1145(10)(a), and 197.254(1)).).
(i) The right to an advertisement in a newspaper listing names
of taxpayers who are delinquent in paying tangible personal property taxes,
with amounts due, and giving notice that interest is accruing at 18 percent
and that, unless taxes are paid, warrants will be issued, prior to petition
made with the circuit court for an order to seize and sell property (see
ss. 197.402(2)).
(j) The right to be mailed notice when a petition has been
filed with the court for an order to seize and sell property and the right
to be mailed notice, and to be served notice by the sheriff, before the
date of sale, that application for tax deed has been made and property
will be sold unless back taxes are paid (see ss. 197.413(5), 197.502(4)(a),
and 197.522(1)(a) and (2)).
(2)
The Right to Due Process
(a) The right to an informal conference with the property appraiser
to present facts the taxpayer considers to support changing the assessment
and to have the property appraiser present facts supportive of the assessment
upon proper request of any taxpayer who objects to the assessment placed
on his or her property (see ss. 194.011(2)).
(b) The right to petition the value adjustment board over objections
to assessments, denial of exemption, denial of agricultural classification,
denial of historic classification, denial of high-water recharge classification,
disapproval of tax deferral, and any penalties on deferred taxes imposed
for incorrect information willfully filed. Payment of estimated taxes does
not preclude the right of the taxpayer to challenge his or her assessment
(see ss. 194.011(3), 196.011(6) and (9)(a), 196.151, 196.193(1)(c) and
(5), 193.461(2), 193.503(7), 193.625(2), 197.253(2), 197.301(2), and 197.2301(11)).
(c) The right to file a petition for exemption or agricultural
classification with the value adjustment board when an application deadline
is missed, upon demonstration of particular extenuating circumstances for
filing late (see ss. 193.461(3)(a) and 196.011(1), (7) (8) and (9)(c)).
(d) The right to prior notice of the value adjustment board's
hearing date and the right to the hearing within 4 hours of scheduled time
(see ss. 194.032(2)).
(e) The right to notice of date of certification of tax rolls
and receipt of property record card if requested (see ss. 193.122(2) and
(3) and 194.032(2)).
(f) The right, in value adjustment board proceedings, to have
all evidence presented and considered at a public hearing at the scheduled
time, to be represented by attorney or agent, to have witnesses sworn and
cross-examined, and to examine property appraisers or evaluators employed
by the board who present testimony (see ss. 194.034(1)(a) and (c) and (4),
and 194.035(2)).
(g) The right to be mailed a timely written decision by the
value adjustment board containing findings of fact and conclusions of law
and reason for upholding or overturning the determination of the property
appraiser, and the right to advertised notice of all board actions, including
appropriate narrative and column descriptions, in brief and non-technical
language (see ss. 194.034(2) and 194.037(3)).
(h) The right at a public hearing on non-ad valorem assessments
or municipal special assessments to provide written objections and to provide
testimony to the local governing board (see ss. 197.3632(4)(c) and 170.08).
(i) The right to bring action in circuit court to contest a
tax assessment or appeal value adjustment board decisions to disapprove
exemption or deny tax deferral (see ss. 194.036(1)(c) and (2), 194.171,
196.151, and 197.253(2)).
(3)
The Right to Redress.
(a) The right to discounts for early payment on all taxes and
non-ad valorem assessments collected by the tax collected by the tax collector,
the right to pay installment payments with discounts, and the right to
pay delinquent personal property taxes under an installment payment program
when implemented by the county tax collector (see ss. 197.162, 197.3632(8)
and (10)(b)3., 197.222(1), and 197.4155).
(b) The right, upon filing a challenge in circuit court and
paying taxes admitted in good faith to be owing, to be issued a receipt
and have suspended all procedures for the collection of taxes until the
final disposition of the action (see s. 194.171(3)).
(c) The right to have penalties reduced or waived upon a showing
of good cause when a return is not intentionally filed late, and the right
to pay interest at a reduced rate if the court finds that the amount of
tax owed by the tax payer is greater than the amount the taxpayer in good
faith admitted and paid (see ss. 193.072(4) and 194.192(2)).
(d) The right to a refund when overpayment of taxes has been
made under specified circumstances (see ss. 193.1145(8)(e) and 197.182(1)).
(e) The right to an extension to file a tangible personal property
tax return upon making proper and timely request (see s. 193.063).
(f) The right to redeem real property and redeem tax certificates
at any time before a tax deed is issued, and the right to have tax certificates
canceled if sold where taxes had been paid or if other error makes it void
or correctable. Property owners have the right to be free from contact
by a certificate holder for 2 years (see ss. 197.432(14) and (15), 197.442(1),
197.443, and 197.472(1) and (7)).
(g) The right of the taxpayer, property appraiser, tax collector,
or the department, as the prevailing party in a judicial or administrative
action brought or maintained without the support of justiciable issues
of fact or law, to recover all costs of the administrative or judicial
action, including reasonable attorney's fees, and of the department and
the taxpayer to settle such claims through negotiations (see ss. 57.105
and 57.111).
(4)
The Right to Confidentiality.
(a) The right to have information kept confidential, including
federal tax information, ad valorem tax returns, social security numbers,
all financial records produced by the taxpayer, Form DR-219 returns for
documentary stamp tax information, and sworn statements of gross income,
copies of federal income tax returns for the prior year, wage and earnings
statements (W-2 forms), and other documents (see ss.192.105, 193.074, 193.114(6),
195.027(3) and (6), and 196.101(4)(c)).
(b) The right to limiting access to a taxpayer's records by
a property appraiser, the Department of Revenue, and the Auditor General
only to those instances in which it is determined that such records are
necessary to determine either the classification or the value of taxable
non-homestead property (see s. 195.027(3)). |