Resolution 002-2007 --4
RESOLUTION NO. VAB 002-2007
A RESOLUTION OF THE VALUE ADJUSTMENT BOARD OF MONROE
COUNTY, FLORIDA, AUTHORIZING CHANGES TO THE ADMINISTRATIVE
RULES AND CHANGES TO ADDITIONAL FORMS.
WHEREAS, it is deemed in the best interest of the public to periodically update the
rules, procedures and forms regarding the operation of the Value Adjustment Board and hearings
regarding property assessments and exemptions;
NOW,THEREFORE, BE IT RESOLVED,THAT:
1. Board hereby adopts the changes to the Administrative Rules as shown by strike-
through of deletions and underline for additions, attached as Exhibit A.
2. Board hereby adopts the addition to the Agreement for Special Magistrate
Services, Section 4.5, VAB Form 2005-01, attached as Exhibit B.
3. Board hereby adopts the addition to the Special Magistrate's Opening Statement
for Valuation Hearings, VAB Form 2005-02; and Exemption & Classifications
Hearings, VAB Form 2005-02, as shown by underlines — end of statement,
Exhibits C & D respectively.
4. Board hereby adopts the additions to the Good Cause for Late File Rulings as
shown by underlines, attached as Exhibit E.
5. Board hereby adopts the Special Magistrate Opening Statement for Late File
Determinations, Exhibit F.
PASSED AND ADOPTED by the Value Adjustment Board of Monroe County, Florida,
at their Organizational Meeting held on the 28th day of September, 2007.
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
Commissioner Dixie Spehar Absent
School Board Representative John Dick Yes
School Board Representative Duncan Mathewson Not Present
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Exhibit A
MONROE COUNTY VALUE ADJUSTMENT BOARD
ADMINISTRATIVE RULES
1.0 Membership of Value Adjustment Board; Quorum; Attorney. Florida law requires that there be five
members of the Value Adjustment Board who shall be selected from the membership of the Board of County
Commissioners of Monroe County and the Monroe County School Board.
1.1 Three Members are County Commissioners. The Board of County Commissioners annually
elects three of its members to be members of the Value Adjustment Board, and the Mayor of the Board of County
Commissioners may thereafter temporarily appoint replacement commissioner members.
1.2 Two Members are School Board Members. The School Board of Monroe County annually
elects two of its members to be members of the Value Adjustment Board, and the School Board Chairman may
thereafter temporarily appoint School Board member replacements.
1.3 Quorum. A quorum shall consist of any three members, provided, however, that at least one
member of the quorum is a county commissioner and at least one member is a school board member.
1.4 Attorney. The Value Adjustment Board shall be represented either by the County Attorney,either
in person or by an Assistant County Attorney, or by a private attorney appointed by the Value Adjustment Board.
Florida law prohibits the Value Adjustment Board from holding a meeting unless the attorney representing the
Board is present.
(History: Adopted 12/20/2004. Effective: 01/01/2005)
2.0 Meeting Dates, Times, and Locations; Clerk to Schedule Meetings. It shall be the responsibility of the
Clerk to the Value Adjustment Board to schedule all meetings of the Value Adjustment Board, after taking into
consideration dates and times when members will be available, convenient locations, and availability of meeting
rooms. The number of meetings to be scheduled will be dependent upon a number of variables, including but not
limited to the number of petitions filed; the availability of hearing officers; the availability of the members and the
County Attorney, or as appropriate, the private attorney appointed to represent the Value Adjustment Board; the
number of appeals of Special Magistrate recommendations; and the preparation of the tax rolls for certification.
(History: Adopted 12/20/2004. Effective: 01/01/2005)
3.0 Organizational Meeting. At the organizational meeting, the Value Adjustment Board shall, among other
things, address the following agenda items: election of Chairman and Vice-Chairman; Clerk's Report on filed
Petitions; changes to Administrative Rules of the Value Adjustment Board; resolution on filing fee schedule for
petitions; Property Appraiser's report; review of Special Magistrate applications and selection of Special
Magistrates; contracts with Special Magistrates; hearing schedule for Special Magistrates; setting of date, time, and
location of Final Meeting. In addition to these matters, the Value Adjustment Board may consider other items as
may be appropriate or timely.
(History: Adopted 12/20/2004. Effective: 01/01/2005)
4.0 Qualifications,Selection and Appointment of Special Magistrates.
4.1 Qualifications and Prohibitions Regarding Special Magistrates.
4.1.1 A special magistrate need not be a resident of Monroe County.
4.1.2 An individual cannot serve as a special magistrate in the same tax year in which he or she
represents anyone before the Value Adjustment Board.
4.1.3 A special magistrate may not be an elected or appointed official or employee of Monroe
County.
(As amended by Editorial Changes, 04/03/2007) 1
4.1.4 A special magistrate may not be an elected or appointed official or employee of a taxing
jurisdiction.
4.1.5 A special magistrate may not be an elected or appointed official or employee of the State
of Florida.
4.1.6 A special magistrate may not hold another`office"within the State of Florida.
4.1.7 A special magistrate may not represent any person or entity against either Monroe
County or the School Board, Monroe County in a court case or administrative hearing at the time of appointment.
Any such representation which arises from the appointment until the final meeting of the Value Adjustment Board
will disqualify the special magistrate from any further hearings and the Clerk shall reschedule another special
magistrate to hear the matters scheduled for the disqualified magistrate.
4.1.;8 To hear petitions involving issues related to exemptions and classifications, the special
magistrate must be a member of The Florida Bar with no less than 5 years' experience in the area of ad valorem
taxation.
4.1.S9 To hear petitions involving issues regarding the valuation of real estate, the special
magistrate must be a state certified real estate appraiser with not less that 5 years' experience in real property
valuation.
4.1.910 To hear petitions involving issues regarding the valuation of tangible personal property,
the special magistrate must be a member of a nationally recognized appraiser's organization with no less than 5
years' experience in tangible personal property valuation.
(History:Adopted 12/20/04.Effective 01/01/2005)
4.2 Selection of Special Magistrates.
4.2.1 Advertisement; Notice to Prior Special Magistrates; Department of Revenue List.
The Clerk shall, each year during the months of April and May, advertise a Request for Special Magistrate
Applicants in two or more newspapers of general circulation in Monroe County. Additionally, the Clerk may solicit
applications from individuals previously serving as Special Magistrates to the Value Adjustment Board, and may
also contact individuals identified in the Florida Department of Revenue's Special Magistrate List. The Clerk may
also notify the appropriate professional associations of the opportunities available for qualified individuals to serve
as Special Magistrates.
4.2.2 Clerk to Establish List of Qualified Applicants. The Clerk shall establish a list of
qualified individuals who have applied and who are willing to serve as Special Magistrates, and shall present the list
and supporting application documentation to the Value Adjustment Board at its organizational meeting.
4.2.3 Appointment of Special Magistrates. The Value Adjustment Board, each year at its'
organizational meeting, shall appoint one or more Special Magistrates to conduct hearings on petitions filed by
taxpayers with the Value Adjustment Board. Special Magistrates shall be appointed from the list of qualified
applicants established by the Clerk. Individuals appointed to be Special Magistrates shall execute a contract with the
Value Adjustment Board in such form and content as may be approved by the Value Adjustment Board from time to
time.
4.2.4 Compensation of Special Magistrates. The compensation of Special Magistrates shall
be established annually by the Value Adjustment Board at its' organizational meeting.
(History: Adopted 12/20/2004. Effective: 01/01/2005)
5.0 Special Magistrates to Hear Taxpayer Appeals; VAB Not to Hear Petitions.
(As amended by Editorial Changes, 04/03/2007) 2
5.1 Special Magistrates to Act as Hearing Officers. Special Magistrates appointed by the Value
Adjustment Board shall act as hearing officers to conduct hearings and render recommended decisions on issues
presented in taxpayer's petitions filed with the Value Adjustment Board.
5.2 VAB Not to Hear Petitions. The Value Adjustment Board shall generally not act as an initial
hearing authority but shall only act upon recommendations submitted to it by the Special Magistrates. All petitions
filed with the Value Adjustment Board shall,as a rule,be initially heard and ruled upon by a Special Magistrate.
(History: Adopted 12/20/2004. Effective: 01/01/2005)
6.0 Taxpayer Appeals and Petition Procedures.
6.1 Informational Requests. Upon receipt of the Truth Required In Millage (TRIM) notice, or
receipt of written notice of a denial of an exemption, the taxpayer who has any questions or desires more
information concerning the exemption or assessment should contact the Property Appraiser at one of the following
telephone numbers:
Key West:(305)292-3420 Marathon: (305)289-2550 Plantation Key:(305)852-7130
6.2 Informal Conference. Upon receipt of the Truth Required In Millage (TRIM) notice, or receipt
of a written notice of a denial of an exemption, the taxpayer who desires to contest or object to the assessment or
denial of exemption may request an informal conference with a representative of the Property Appraiser to discuss
the reasons for the taxpayer's objections or basis for contesting the assessment or denial of exemption. (The law
does not require the taxpayer to have an informal conference with the Property Appraiser prior to filing a petition for
hearing with the Value Adjustment Board, but experience has shown that in most cases the informal conference
results are satisfactory to the taxpayer and there is no need for further proceedings.) The taxpayer should contact the
Property Appraiser at one of the following telephone numbers and request an appointment for the informal
conference:
Key West: (305)292-3420 Marathon:(305)289-2550 Plantation Key:(305)852-7130
The Property Appraiser has exclusive jurisdiction over the informal conference, and the Value Adjustment Board is
neither a party to,nor can intervene in, the conference process. If the taxpayer is dissatisfied with the results of the
informal conference, the taxpayer may file a petition for hearing with the Clerk of the Value Adjustment Board, or
may file an action in Circuit Court contesting a tax assessment in accordance with Section 194.171,Florida Statutes.
6.3 Filing the Petition. A petition to the Value Adjustment Board must be filed with the Clerk to the
Board. Filing may be made in person by the taxpayer, by an authorized agent, or by mail, and should be either
delivered or addressed as follows:
By Personal/Overnight Delivery: By U.S.Mail:
Clerk,Value Adjustment Board Clerk,Value Adjustment Board
Monroe County Courthouse,Room 101 P.O.Box 1980
500 Whitehead Street Key West,FL 33041-1980
Key West,FL 33040
6.4 Time for Filing Petitions. All petitions concerning issues of valuation may be filed at any time
during the taxable year,but must be filed not later than the 25th day following the mailing of the TRIM notice. All
petitions concerning exemptions. classifications or deferrals may be filed at any time during the taxable year, but
must be filed not later than the 30th day following the mailing of the notice by the Property Appraiser or the Tax
Collector.
6.5 Late Filing of Petitions. Petitions delivered to the Clerk after the filing dates listed in Rule 6.4
shall be accepted by the Clerk and notated to the effect that the petition was filed late. In order for the petition to be
assigned for hearing, the petitioner may be required to show to the Value Adjustment Board or Special Magistrate
(As amended by Editorial Changes, 04/03/2007) 3
(1) good cause justifying a hearing of the petition and (2) the delay in filing the petition will not, in fact, be
prejudicial to the performance of the Value Adjustment Board's functions in the taxing process.
6.5.1 Deadline for Late Filing of Petitions. Notwithstanding that good cause must be shown for
any late filing of a petition.the VAB may set a deadline after which no late filings shall be considered,regardless of
the petitioner's ability to show good cause. The deadline may be set on the day of the Organizational Meeting, if
said meeting is held after November 1 of the tax year, or at a date subsequent to the date of the Organizational
Meeting.if convened prior to November 1,but not later than November 1 of the tax year.
6.6 Form of the Petition and Contents;Acknowledgment Form; Scheduling of Hearing.
6.6.1 Form for Tangible Personal Property. A petition seeking review and adjustment of the
value of tangible personal property shall be filed on Florida Department of Revenue Form DR-486T.
6.6.2 Form for Real Property. A petition involving issues relating to real property shall be
filed on Florida Department of Revenue Form DR-486.
6.6.3 Obtaining Forms. Petition forms may be obtained from the Property Appraiser's office
or may be downloaded from the Property Appraiser's website at http://www.mcpafl.org/forms/petvab.asp.
Additionally, the forms may be viewed and downloaded from the Florida Department of Revenue's website at
http://www.myflorida.com/dorifonns/downloadPadval.html.
6.6.4 Petition Contents and Number of Copies to File. A petition must be fully completed in
all applicable respects,and should include(1)a list of evidence the taxpayer intends to present at the hearing on the
petition;(2) copies of all documentation the taxpayer wishes to be considered at the hearing; and(3)a summary of
evidence to be presented by witnesses for the taxpayer at the hearing. (If the items identified in(1)through(3)are
not submitted with the petition, the taxpayer must, in any event, provide this information to the Property Appraiser
not later than fifteen(15) days before the scheduled hearing on the taxpayer's petition, and failure to provide this
information means that it will not be considered at the hearing.) It shall be the duty of the Clerk to examine the
petition and to return a petition that is incomplete as not meeting the statutorily-mandated minimum requirements,or
where the petitioner's signature has not been notarized. One original and two copies of completed petitions(and any
attachments) shall be filed with the Clerk. If the petitioner is an agent for the taxpayer, a signed, written
authorization by the taxpayer authorizing the agent to proceed on behalf of the taxpayer must be attached to the
petition at the time of filing. Provided that the petition has to be in the name of the taxpayer/owner(see Greens of
Inverrary v.Johnson 445 sold 1096).
6.7 Filing Fee To Accompany Petition; Exemption; Waiver Of Filing Fee. Section 194.013(3),
Florida Statutes,provides that if the required filing fee is not paid to the Clerk at the time of the filing of a petition,
that petition shall be deemed invalid and rejected.
6.7.1 Amount of Filing Fee. A current schedule of filing fees may be obtained from the Clerk
or from the Property Appraiser. If a petition is received and it is not accompanied by the appropriate filing fee, it
shall not be accepted for filing; however, the Clerk shall attempt to notify the petitioner that the appropriate filing
fee has not been received and how to resolve the problem. It is the ultimate responsibility of the petitioner to insure
compliance with the law concerning filing fees, and the failure of the Clerk to contact the petitioner concerning an
inappropriate or lack of a filing fee shall not entitle the petitioner to have the petition filed and set for hearing.
6.7.2 Filing Fee Non-Refundable. Upon the acceptance and filing of a petition by the Clerk,
the accompanying filing shall be nonrefundable.
6.7.3 Exemption from Filing Fee. No filing fee is required to accompany a petition appealing
the disapproval of homestead exemption or the denial of a tax deferral by the Property Appraiser.
6.7.4 Waiver of Filing Fee. No filing fee is required with respect to a petition filed by a
taxpayer who demonstrates at the time of filing, by an appropriate certificate or other documentation issued by the
(As amended by Editorial Changes, 04/03/2007) 4
Department of Children and Family Services and submitted with the petition, that the petitioner is then an eligible
recipient of temporary assistance under Chapter 414,Florida Statutes.
6.8 Acknowledgment of Receipt of Petition; Distribution of Copies of Petition. The Clerk, upon
filing of a petition, shall assign a unique, identifying number to the petition and shall provide the petitioner with an
acknowledgment(in the form of a copy of the petition with the Clerk's time stamp) that the petition has been filed
with the Clerk. One copy of the petition (and any attachments) shall be promptly forwarded to the Property
Appraiser,and the original petition(and any attachments)shall be retained by the Clerk for official record purposes.
6.9 Receipt and Statement of Understanding by Petitioner. Upon the filing of a petition with the
Clerk,the Clerk shall provide the petitioner with a copy of the Administrative Rules of the Value Adjustment Board.
The petitioner shall sign VAB Form 2004-01 which, among other information provided, acknowledges receipt of a
copy of the Administrative Rules. If a petitioner fails to sign the form, such fact shall be noted in the official
petition record and may be considered by the hearing officer in evaluating the testimony of the petitioner and the
documentary evidence offered into the record by the petitioner.
6.10 Clerk to Schedule Hearing on Petition. The Clerk shall notify the petitioner of the scheduled
date, time,and location of the hearing to be held on the Petition. Such Notice of Hearing shall be sent not less than
twenty-five(25)days prior to the scheduled hearing. The Notice of Hearing to the petitioner shall be deemed to be
received by petitioner unless returned to the Clerk as undeliverable by the U.S.Postal Service.
6.11 Rescheduling by Petitioner. Upon receipt of the notification from the Clerk, the petitioner shall
have the right to reschedule the hearing a single time by submitting to the Clerk a written request to reschedule the
hearing. The written request must be received by the Clerk not less than five(5)calendar days before the date of the
scheduled hearing. The rescheduled hearing shall be set on the date, and at the time and location, to be determined
by the Clerk based upon available resources and circumstances. The petitioner shall be notified by the Clerk of the
date,time,and location of the rescheduled hearing as expeditiously as possible under the circumstances.
6.12 Withdrawal of Petition. Once a petition has been filed with the Clerk, it may be withdrawn at
any time by the petitioner or petitioner's agent.The notice of withdrawal must be in writing and must be received by
the Clerk prior to the scheduled date and time for hearing the petition. Oral or telephonic petition withdrawals will
not be accepted, and unless a withdrawal in writing is received by the Clerk, the petition will be heard on the
scheduled date and time and a finding and recommendation will be made by the Special Magistrate based upon the
record at the hearing.
6.13 Americans with Disabilities Act Accommodation. Any petitioner, on behalf of the petitioner
or any witness for the petitioner, who requires special accommodation in order to participate in any proceedings of
the Value Adjustment Board shall notify the Clerk at(305)295-3130, either at the time of the filing of the petition
or at least seven(7)days prior to the proceeding at which such accommodation is required.
(History:Adopted 12/20/2004. Effective: 01/01/2005)
7.0 Special Magistrate Hearing Procedures/Information and Evidence Exhan¢e.
7.1 General Rules. The following general rules shall apply to all hearings before a Special Magistrate:
7.1.1 The Special Magistrate has the power to swear witnesses and take their testimony under
oath. All persons testifying shall be sworn if requested by either the petitioner or the Property Appraiser.
7.1.2 Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other
evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be
admissible,whether or not such evidence would be admissible in a trial in the courts of Florida.
7.1.3 Any part of the evidence may be received in written form. Documentary evidence may
be received in the form of a copy or excerpt. Upon request, a party shall be given the opportunity to compare the
copy with the original, if available.
(As amended by Editorial Changes, 04/03/2007) 5
7.1.4 A party shall be permitted to conduct cross-examination when testimony is taken or
documents are made part of the record.
7.1.5 A party shall have an opportunity to respond, to present evidence and argument on all
issues involved,and to submit rebuttal evidence.
7.1.6 A party shall have the right to be represented by an attorney or other person during the
hearing.
7.1.7 Hearsay evidence may be used for the purpose of supplementing or explaining other
evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in
civil actions.
7.1.8 A party may make a short opening statement prior to the presentation of that party's
evidence and testimony,and may make a short closing statement after the presentation of all evidence and testimony
by both parties.
7.1.9 If a qualified property appraiser or evaluator has been hired by the Value Adjustment
Board under the provision of Section 194.035(2), Florida Statutes, he or she may present testimony as to the just
value of any property and shall be subject to examination by the Special Magistrate,the petitioner,and the Property
Appraiser.
7.1.10 If a representative of a municipality, pursuant to Section 193.116(1), Florida Statutes,
wishes to be heard on a petition relating to property located within the municipality,he or she may present testimony
and shall be subject to examination by the Special Magistrate,the petitioner,and the Property Appraiser.
7.1.11 The Florida Evidence Code may be considered as a guideline by the Special Magistrate in
conducting hearings.
7.1.12 The Special Magistrate may liberally interpret these Rules for petitioners who are
representing themselves and are not represented by an attorney or other authorized agent.
7.1.13 Subsequent to the mailing or sending of the hearing notice, and at least 15 days before the
scheduled hearing, the petitioner shall provide the Property Appraiser with a list and summary of evidence to be
presented at the hearing. The list and summary must be accompanied by copies of documentation to be presented at
the hearing.
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7.1.14 No later than 7 days before the hearing, if the Property Appraiser receives the petitioner's
documentation and if requested in writing by the petitioner, the Property Appraiser shall provide the petitioner with
a list and summary of evidence to be presented at the hearing. The list and summary must be accompanied by
copies of documentation to be presented at the hearing. The evidence list must contain the property record card if
provided by the Clerk.
(As amended by Editorial Changes, 04/03/2007) 6
7.1.15 (a) If the taxpayer does not provide the information to the Property Appraiser at least 15
days prior to the hearing pursuant to subsection 7.1.13, the Property Appraiser need not provide the information to
the taxpayer pursuant to subsection 7.1.14.
(b) If the Property Appraiser does not provide the information within the time required by
subsection 7.1.14,the hearing shall be rescheduled.
f c) No evidence shall be considered by the Special Magistrate except when presented during the
time scheduled for the petitioner's hearing, or at a time when the petitioner has been given reasonable notice(F.S.S.
194.034(1)(c)).
7.1.16(a) The exchange in subsections 7.1.13 and 7.1.14 shall be delivered by regular or certified
U.S. Mail, personal delivery, overnight mail. FAX or email. It shall be sufficient if at least 3 FAX or email
attempts are made to such address. If more that one FAX number is provided, 3 attempts must be made for each
number to satisfy this requirement. The taxpayer and Property Appraiser may agree to a different timing and
method of exchange. "Provided" means made available in the manner designated by the Property Appraiser or by
the petitioner in his/her submission of information,as via email, facsimile,U.S.Mail,or at the Property Appraiser's
Office for pick up. If the petitioner does not designate his/her desire manner for receiving the Property Appraiser's
information,the information shall be provided by the Property Appraiser by depositing in the U.S.Mail.
(b) The information shall be sent to the address listed on the petition form; however, it may be
submitted to an email or FAX address if given.
(c) In computing any period of time prescribed or allowed by these rules,the day of the act,event,
or default from which the designated period of time begins to run shall not be included. The last day of the period
so computed shall be included unless it is a Saturday. Sunday, or legal holiday, in which event the period shall run
until the end of the next day which is neither a Saturday,_Sunday, or legal holiday. If the fifteenth day before a
hearing is a Saturday. Sunday. or legal holiday, the information under subsection 7.1.13 shall be provided no later
than the previous business day.
7.1.17 Level of detail on evidence summary: The summary pursuant to subsections 7.1.13 and
7.1.14 shall be sufficiently detailed as to reasonably inform a party of the general subject matter of the witness'
testimony.and the name and address of the witness.
7.1.18 If the Property Appraiser has made a written request to the petitioner for information of
which the petitioner has knowledge, and the petitioner does not provide this information to the Property Appraiser,
the Special Magistrate shall not consider and shall not allow into evidence the information that was not provided.
7.1.19 Notwithstanding the above exchange of evidence, if the Property Appraiser has made a
written request to the petitioner for information of which the petitioner has knowledge and the petitioner does not
provide this information to the Property Appraiser the Special Magistrate shall not consider and shall not allow into
evidence the information that was notprovided(F.S.S. 194.034(1)(d):Higgs v.Goode).
7:1.1 g I4earan2-proced r s: N .11w Board tv: -Elie Spseial M-aciat-rat64, a-11 ta1Q‘--art y t neral
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(As amended by Editorial Changes, 04/03/2007) 7
7.1.20 The petitioner may reschedule the hearing one time by submitting a written request to the
Clerk of the Board no less than 5 calendar days before the scheduled appearance.
7.2 Petitioner to Present First; Burden of Proof. The petitioner shall first present his or her
position on the issues by the introduction of documentary and testimonial evidence,if any.
7.2.1 In valuation issues,the petitioner has the burden of proof to overcome the presumption of
correctness the law gives to the assessment made by the Property Appraiser.
7.2.2 The property appraiser's assessment shall be presumed correct. This presumption of
correctness is lost if the taxpayer shows by a preponderance of the evidence that either the property appraiser has
failed to consider properly the criteria in s. 193.011 or if the property appraiser's assessment is arbitrarily based on
appraisal practices which are different from the appraisal practices generally applied by the property appraiser to
comparable property within the same class and within the same county.
7.2.3 If the presumption of correctness is lost,the taxpayer shall have the burden of proving by
a preponderance of the evidence that the appraiser's assessment is in excess of just value.
7.2.4 If the presumption of correctness is retained, the taxpayer shall have the burden of
proving by clear and convincing evidence that the appraiser's assessment is in excess of just value.
7.2.5 In no case shall the taxpayer have the burden of proving that the property appraiser's
assessment is not supported by any reasonable hypothesis of a legal assessment.
7.2.6 If the property appraiser's assessment is determined to be erroneous, the assessment can
be established if there exists competent, substantial evidence in the record, which cumulatively meets the
requirements of s. 193.011. If the record lacks competent, substantial evidence meeting the just value criteria of s.
193.011,the matter must be remanded to the property appraiser with appropriate directions.
7.3 Property Appraiser to Present Second; Motion to Deny. Following the presentation by the
petitioner, the Property Appraiser may make a motion for the Special magistrate to recommend to the Value
Adjustment Board denial of the petition for failure of the petitioner to meet the burden of proof required by law.
The Special Magistrate shall consider the record in making a ruling, and shall either grant the motion or deny the
motion. If the motion is denied, the Property Appraiser may present his or her position on the issues by the
introduction of documentary and testimonial evidence, if any. At the end of the Property Appraiser's presentation,
the motion to recommend denial of the petition may be renewed and ruled upon by the Special Magistrate.
(History:Adopted 12/20/2004. Effective: 01/01/2005)
8.0 Special Magistrate's Findings and Recommendation. By statutory and Department of Revenue Rule
requirements, the Special Magistrate's recommendation to the Value Adjustment Board must contain findings of
fact and conclusions of law and shall include reasons for upholding or overturning the determination of the Property
Appraiser. The recommendation must contain specific and detailed fmdings of fact which shall include both
ultimate findings of fact and basic and underlying findings of fact. Each basic and underlying finding must be
properly annotated to its supporting evidence.
8.1 Ultimate Finding. An ultimate finding is a determination of fact. An ultimate fmding is usually
expressed in the language of a statutory standard and must be supported by and flow rationally from adequate basic
and underlying findings.
8.2 Basic and Underlying Facts. Basic and underlying findings are those facts on which the
ultimate findings rest and which are supported by evidence.Basic and underlying fmdings are more detailed than the
ultimate findings but less detailed than a summary of the evidence.
8.3 Reasons. Reasons are those clearly stated grounds upon which the Special Magistrate or Property
Appraiser acted.
(As amended by Editorial Changes, 04/03/2007) 8
8.4 Change Information. All recommendations by the Special Magistrate shall include the nature of
the change made and indicate the just,taxable,and exempt value before and after the change.
(History: Adopted 12/20/2004. Effective: 01/01/2005)
8.5 Disposition by Legal Opinion. Should the petitioner and Property Appraiser agree that a legal
opinion by the County Attorney will be dispositive of the issues under the petition. the County Attorney,may be
substituted for,and deemed adopted as.the Special Magistrate's recommendation. r h .1
9.0 Appeal by Taxpayer or Property Appraiser of Special Magistrate's Findings and Recommended
Order to Value Adjustment Board. Either the taxpayer or the Property Appraiser aggrieved by a finding and
recommendation of a Special Magistrate may appeal such fmding and recommendation to the Value Adjustment
Board. Any appeal shall be made and processed in accordance with these Rules. No re-hearing of the issues raised
in the petition will be conducted by the Value Adjustment Board, except when at least a majority plus one members
of the Value Adjustment Board vote to conduct a re-hearing. If no re-hearing is authorized, the Value Adjustment
Board members shall only review the appellate record before them.
(History: Adopted 12/20/2004. Effective: 01/01/2005)
10.0 Review of Appeals by Value Adjustment Board.
10.1 Appeal of Recommendation of Special Magistrate. Either the petitioner or the Property
Appraiser may appeal the recommendation of the Special Magistrate to the Value Adjustment Board.
10.2 Time for Appeal. An appeal of the recommended order of a Special Magistrate must be received
by the Clerk within ten (10) calendar days from the date a copy of the recommended order was received by the
taxpayer or the Property Appraiser. If a copy of the recommended order was mailed to the petitioner or Property
Appraiser, it shall be presumed that such mailing was received 3 days after the date of mailing. Any appeal
attempted to be filed late will not be accepted by the Clerk for filing and will be returned to the person signing the
appeal.
10.3 Appeal in Writing; Contents; Copy to Other Party. An appeal shall be in writing and shall be
signed by either the taxpayer or the taxpayer's authorized agent if the petitioner is filing the appeal, or by a
representative of the Property Appraiser's office if the Property Appraiser is filing the appeal. The appeal shall
not contain any reference to,or attachment of, any evidence or testimony not received into the hearing record by the
Special Magistrate,unless an issue on appeal is that the Special Magistrate wrongfully excluded relevant testimony
or evidence. The appeal shall contain a statement specifying exactly what is being objected to or disagreed with; a
reference to the record, if any, supporting the objection or disagreement; and any legal citations relevant to the
issues being appealed. The original written appeal by the petitioner shall be delivered to the Clerk, and one copy
shall be delivered to the Property Appraiser.The original written appeal by the Property Appraiser shall be delivered
to the Clerk,and one copy shall be delivered to the petitioner.
10.4 Distribution of Appellate Record. The Clerk shall time and date stamp the appeal, shall attach
it to the file compiled at the hearing(including the recommendation of the Special Magistrate)and shall forward one
copy of the record to each VAB member and the County Attorney or, if appropriate, the private attorney appointed
to represent the Value Adjustment Board. The file that is forwarded under this Rule shall be known as the appellate
record.
10.5 Appellate Record to be Reviewed but Not Discussed. Each member of the Value Adjustment
Board shall review the appellate record of each appeal forwarded to him or her by the Clerk. Such review is for
familiarization with the record's contents prior to the date at which the Value Adjustment Board is to consider the
appeal. No member shall discuss or confer with any other member any appeal under review, except when such
discussion is conducted at a public meeting of the Value Adjustment Board.
10.6 Parties Not To Communicate With Value Adjustment Board Members. Neither the taxpayer
nor the Property Appraiser, nor anyone on behalf of the taxpayer or the Property Appraiser, shall communicate in
any way with any member of the Value Adjustment Board, or the Special Magistrate when the hearing is not being
(As amended by Editorial Changes, 04/03/2007) 9
conducted, concerning any aspect of the matter until such time as the Value Adjustment Board has made a final
determination in the matter. Any attempted communication in violation of this rule shall be immediately reported to
the County Attorney, or if appropriate, the private attorney appointed to represent the Value Adjustment Board. The
private attorney or County Attorney shall, at the next meeting of the Value Adjustment Board, cause the public
record of the meeting to contain the information concerning the communication, and render an opinion as to whether
the member of the Value Adjustment Board to whom such communication was made is ineligible to participate in
the appellate review. (Refer to Jennings v. Dade County, 589 So.2d 1337 (Fla. 3rd DCA 1991, review denied 589
So.2d 75(Fla. 1992).)
(History: Adopted 12/20/2004. Effective: 01/01/2005)
11.0 Final Order of Value Adjustment Board.
11.1 Final Order on Non-Appealed Recommendation of Special Magistrate. The Value
Adjustment Board shall approve all recommendations of Special Magistrates which have not been appealed in
accordance with these Rules. No member of the Value Adjustment Board shall, on his or her own motion, request
that a non-appealed recommendation be reviewed or heard by the Board.
11.2 Final Order on Appealed Recommendation of Special Magistrate. The Value Adjustment
Board shall separately consider each recommendation of a Special Magistrate that has been appealed either by the
taxpayer or the Property Appraiser. In its consideration, the Board shall only refer to the appellate record as
compiled by the Clerk, and all discussions involving the appellate record shall be on the date of, and during, the
public meeting of the Value Adjustment Board scheduled for such purpose.
11.2.1 Oral Presentations. Generally, no oral presentations on behalf of the Property
Appraiser or the taxpayer shall be heard by the Value Adjustment Board as part of the appellate proceedings. In
extraordinary circumstances, and only upon a majority plus one vote of the sitting members of the Value
Adjustment Board, will oral presentations be permitted. If permitted, both sides will be given a maximum of five
(5)minutes each to make the presentation.
11.2.2 Requirements to Disapprove Recommendation of Special Magistrate. (Reserved)
11.3 Contents of Final Order. The Final Order of the Value Adjustment Board shall consider the
recommendation of the Special Magistrate, shall contain findings of fact and conclusions of law, and shall include
reasons for upholding or overturning the determination of the Property Appraiser. Rule 12D-10.003(5)(a)and (b),
Florida Administrative Code,provides as follows:
"(a) Every decision of the board must contain specific and detailed findings of
fact which shall include both ultimate findings of fact and basic and underlying findings of fact.
Each basic and underlying finding must be properly annotated to its supporting evidence. For
purposes of these rules,the following are defined to mean:
1. An ultimate finding is a determination of fact. An ultimate finding is usually
expressed in the language of a statutory standard and must be supported by and flow rationally
from basic and underlying findings.
2. Basic and underlying findings are those findings on which the ultimate
findings rest and which are supported by evidence. Basic and underlying findings are more
detailed than the ultimate findings but less detailed than a summary of the evidence.
3. Reasons are those clearly stated grounds upon which the board or property
appraiser acted.
(b) All decisions made shall include the nature of the change made and indicate
the just,taxable,and exempt value before and after the change."
(As amended by Editorial Changes, 04/03/2007) 10
11.4 Prohibitions Regarding Final Order. The Final Order of the Value Adjustment Board, under the
provisions of Rule 12D-10.003(1), Florida Administrative Code:
11.4.1 May not fix the original valuation of property for ad valorem tax purposes.
11.4.2 May not grant an exemption not authorized by law.
11.4.3 May not consider the ultimate amount of tax required in determining the valuation of a
specific property.
11.4.4 May not grant relief, either by adjustment of the value of a property or by the granting of
an exemption,on the basis of hardship to a particular taxpayer.
11.4.5 Must follow the same standards as the Property Appraiser in determining values and
granting exemptions.
(History: Adopted 12/20/2004. Effective: 01/01/2005)
12.0 Appeal of Final Order of Value Adjustment Board to Circuit Court.Either the taxpayer or the Property
Appraiser may appeal a Final Order of the Value Adjustment Board to the Circuit Court of the 16th Judicial Circuit
of Monroe County.
(History: Adopted 12/20/2004. Effective: 01/01/2005)
13.0 Certification of Tax Rolls.
13.1 Extended Assessment Roll. If the Board of County Commissioners, in accordance with Section
197.323, Florida Statutes, orders the assessment roll to be extended prior to the completion of the hearings by the
• Special Magistrates and the Value Adjustment Board, the extended assessment roll shall be certified by the Value
Adjustment Board in accordance with Section 193.122(1),Florida Statutes.
13.2 Final Assessment Roll. After all hearings required by Section 194.032, Florida Statutes, have
been concluded,the Value Adjustment Board shall certify the assessment roll as required by law and in such form as
specified by the Florida Department of Revenue.
(History: Adopted 12/20/2004. Effective: 01/01/2005)
14.0 Approved Local Forms.The following locally created Monroe County Value Adjustment Forms are
hereby Approved for use with matters coming under the jurisdiction of the VAB:
14.1 Form 2004-01: Petitioner's Receipt
14.2 Form 2004-02: Special Magistrate's Certification
14.3 Form 2004-03; General Questions&Answers
14.4 Form 2005-01; Special Magistrate Agreement
14.4 Form 2005-02; Opening Statement-Valuation
14.5 Form 2005-04: Preliminary Matters
14.6 Form 2005-05; Worksheet
14.7 Form 2005-06;Valuation Recommendation
• 14.8 Form 2005-07;Valuation Determination
(As amended by Editorial Changes, 04/03/2007) 11
14.9 Form 2005-08; Exemption Recommendation
14.11 Form 2005-09; Order of Remand
14.12 Form 2006-01; Opening Statement-Exemptions/Classifications
14.13 Form 2206-02;Good Cause for Late File Rulings
•
•
(As amended by Editorial Changes, 04/03/2007) 12
Exhibit B
AGREEMENT BETWEEN
THE MONROE COUNTY VALUE ADJUSTMENT BOARD
and
for
SPECIAL MAGISTRATE SERVICES
This Agreement is made and entered into, on the date last below written, by and between
the MONROE COUNTY VALUE ADJUSTMENT BOARD, 500 Whitehead Street, Key West,
FL 33040 (hereinafter referred to as "VAB"), and the individual identified and executing this
Agreement as the undersigned (hereinafter referred to as "Contractor").
1. RECITALS.
1.1 The VAB needs the services of one or more individuals to act as a Special Magistrate
for the purpose of taking testimony and receiving evidence at the hearings, as provided by
Chapter 194, Florida Statutes, and making recommended findings of fact and conclusions of law
to the VAB.
1.2 Contractor desires to provide such services to the VAB as an independent contractor.
1.3 Contractor certifies that Contractor possesses the minimum qualifications required by
• Section 194.035, Florida Statutes, to provide services as a Special Magistrate.
1.4 In consideration of the mutual terms and conditions, promises, covenants and
payment hereinafter set forth, the VAB and Contractor enter into this Agreement as set forth
herein.
2. SERVICES
2.1 Contractor shall perform professional services to the VAB as a Special Magistrate.
Contractor's services shall include, but not be limited to, the following:
2.1.1 Taking testimony at hearings provided pursuant to Chapter 194, Florida
Statutes.
2.1.2 Receiving evidence into the hearing record.
2.1.3 Ruling of objections made during the hearing by either of the parties to the
hearing.
2.1.4 Making recommended findings of fact and conclusions of law to the VAB.
2.1.5 Preparing and submitting such reports and other documents as the VAB or
• the Clerk of the VAB may from time to time require.
VAB Form 2005-01,Rev. 03/20/2007 1
2.2 Contractor shall be responsible for complying with all federal, state and local rules,
regulations, statutes, laws or ordinances, regarding payment for his or her services under this
Agreement, and any reporting requirements thereunder.
2.3 During any hours Contractor provides services to the VAB, Contractor shall devote
his full time and effort to the services being performed for the VAB. Contractor shall truthfully
and accurately maintain all records and make such reports as the VAB may require.
2.4 Contractor agrees that this contract for Special Magistrate services is not exclusive to
Contractor, and that the VAB may, and probably will, enter into agreements with other
contractors to perform Special Magistrate services for the VAB. Further, Contractor agrees that
this Agreement does not require the VAB to request any services at all to be performed as
requested by the VAB.
3. FEES.
3.1 The VAB shall pay Contractor at the rate of
Dollars ($ ) per hour for Contractor's services under this Agreement, with a
minimum guaranteed payment of 4 hours for each day of scheduled hearings assigned to the
Special Magistrate.
3.2 No travel expenses shall be paid for routine travel to and from the sites of the
hearings and normal office supplies consumed in the course of this project will not be
• reimbursable.
3.3 Contractor agrees that the VAB does not guarantee or promise that Contractor will be
required to perform Special Magistrate services for any minimal or maximum amount of time;
however, once a Special Magistrate is notified of a date and time to appear for scheduled
hearings, the Special Magistrate shall receive a minimum payment equal to 4 hours of services,
unless the scheduled date is cancelled to circumstances beyond the reasonable control of the
VAB or the Clerk to the VAB.
4. TERM/TERMINATION.
4.1 The term of this Agreement shall begin on the date last below written and shall
continue until the conclusion of the VAB hearings for the current calendar year.
4.2 This Agreement may be terminated by either party, with or without cause, by written
notice to the other party of the intent to terminate. Such termination shall be effective
immediately upon receipt of such written notice of intent to terminate. However, no termination
for cause will be effective unless the defaulting party is first given ten (10) calendar days after
receipt of notice of intent to terminate in which to cure the cause for termination.
4.3 In the event of termination, Contractor shall be entitled to compensation for services
rendered and costs incurred through the effective date of termination. All finished or unfinished
•
VAB Form 2005-01,Rev. 03/20/2007 2
documents prepared by Contractor shall become the property of the VAB and shall be delivered
IIby Contractor to the VAB immediately upon the effective date of termination.
4.4 In the event of termination of this Agreement by the Contractor without cause,
Contractor shall be ineligible to be appointed as Special Magistrate to the VAB for a period of
five (5) years from the end of the calendar year in which such termination effected. This
provision shall survive the termination of this Agreement.
4.5 Contractor may not represent any person or entity against either Monroe County or
the School Board, Monroe County in a court case or administrative hearing at the time of
appointment. Any such representation which arises from the appointment until the final meeting
of the VAB will disqualify the Special Magistrate from any further hearings and the Clerk shall
reschedule another Special Magistrate to hear the matters scheduled for the disqualified
magistrate.
5. METHOD OF BILLING AND PAYMENT.
5.1 Contractor shall submit billings for payment of services actually rendered on a
weekly basis to the Clerk of the VAB for processing. Billings hall provide the nature of the
services performed and shall include a summary of any amounts previously billed and any
credits for amount previously paid.
5.2 Contractor acknowledges that each billing must be reviewed and approved by the
III Clerk of the VAB or Clerk's designee. Should the Clerk of the VAB or the Clerk's designee
determine that the billing is not commensurate with services performed, work accomplished or
hours expended, Contractor shall adjust billing accordingly. However, Contractor shall be
entitled to payment of any portion of a billing not in dispute.
5.3 The VAB shall pay Contractor's billings in accordance with Section 218.70 through
218.79, Florida Statutes, the Florida Prompt Payment Act.
6. STANDARDS AND CORRECTIONS ERRORS.
6.1 Contractor shall perform or furnish to the VAB professional services in accordance
with the generally accepted standards of Contractor's profession or occupation and in accordance
with any laws, statutes, ordinances, codes, rules and regulations governing Contractor's services
hereunder.
6.2 Contractor shall, without additional compensation, correct and revise and errors,
omissions, or other deficiencies in Contractor's work product, services, or materials arising from
the negligent act, error or omission of Contractor. The foregoing shall be construed as an
independent duty to correct rather than waiver of the VAB's rights under any applicable statute
of limitations. The review of, approval of, or payment for any of Contractor's work product,
services, or materials shall not be construed to operate as a waiver of any of the VAB's rights
under this Agreement, or cause of action the VAB may have arising out of the performance of
• this Agreement.
VAB Form 2005-01, Rev. 03/20/2007 3
7. NO CONTINGENT FEES. Contractor certifies that Contractor has not employed or
retained any company or person, other than a bona fide employee working solely for Contractor,
to solicit or secure this Agreement and that Contractor has not paid or agreed to pay any person,
company, individual or firm, other than a bona fide employee working solely for Contractor, any
fee, commission, percentage, gift or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of this provision, the VAB shall
have the right to terminate the Agreement without liability at its discretion, to deduct from the
contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
8. NO ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered, under any circumstances by Contractor without the prior
written consent of the VAB. Further, no portion of this Agreement may be performed by
subcontractors or sub-consultants without written notice to and approval of such action by the
VAB.
9. SEVERABILITY/NO WAIVERS. In the event any provision of this Agreement shall
be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the
parties. One or more waivers by either party of any breach of any provision, term, condition or
covenant shall not be construed by the other party as a waiver of any subsequent breach.
10. GOVERNING LAW/VENUE. This Agreement shall be governed and construed in
• accordance with Florida law. In the event litigation arises involving the parties in connection
with this Agreement, venue for litigation shall be in Monroe County, Florida.
11. INDEPENDENT CONTRACTOR STATUS. Contractor is an independent contractor
and is not an employee, servant, agent, partner or joint venturer of the VAB or Monroe County
or the Monroe County School Board.
12. CERTIFICATIONS BY CONTRACTOR.
12.1 Contractor understands that Contractor need not be a resident of Monroe County.
12.2 Contractor understands that Contractor cannot serve as a Special Magistrate in the
same tax year in which he or she represents a person before the VAB, and that during the term of
this Agreement Contractor shall not undertake to represent or advise any taxpayer or petitioner
before the VAB.
12.3 Contractor certifies that Contractor is not an elected or appointed official or
employee of Monroe County or of the Monroe County School Board.
12.4 Contractor certifies that Contractor is not an elected or appointed official or
employee of a taxing jurisdiction.
S
VAB Form 2005-01,Rev. 03/20/2007 4
12.5 Contractor certifies that Contractor is not an elected or appointed official or
employee of the State of Florida.
12.6 Contractor certifies that Contractor possesses the following minimum qualifications
(CHECK ALL THAT APPLY):
[ ] Contractor is a member of The Florida Bar with no less than 5 years' experience in the
area of ad valorem taxation, and is qualified to hear petitions involving issues related to
exemptions and classifications.
[ ] Contractor is a state certified real estate appraiser with not less than 5 years'
experience in real property valuation, and is qualified to hear petitions involving issues regarding
the valuation of real estate.
[ ] Contractor is a member of a nationally recognized appraiser's organization with no
less than 5 years' experience in tangible personal property valuation, and is qualified to hear
petition involving issues regarding the valuation of tangible personal property.
IN WITNESS WHEREOF, the parties hereto have caused the execution of these
premises as of the date written below.
CONTRACTOR: VALUE ADJUSTMENT BOARD
MONROE COUNTY, FLORIDA:
By:
Signature of Contractor Chairman
Date:
Printed Name of Contractor
Address of Contractor
City, State, Zip
VAB Form 2005-01,Rev. 03/20/2007 5
. Exhibit C
MONROE COUNTY VALUE ADJUSTMENT BOARD
II SPECIAL MAGISTRATE'S OPENING STATEMENT
(Valuation Hearings)
My name is , and today's date is
20 . The Value Adjustment Board has appointed me as Special Magistrate for 20 , to
receive documentary evidence and hear testimony regarding petitions challenging the assessed
value of property. This is not to be a formal court proceeding. However, I am bound by Florida
law as to the conduct of the hearings, and I have limitations imposed upon me by Administrative
Rules which have the force of law.
The Special Magistrate is independent of the Property Appraiser's Office and is not an
advocate for the Property Appraiser or the property owner. There are at least two attorneys in
this room. One represents the Property Appraiser's Office , another
represents the Value Adjustment Board . As needed, I will take
counsel from the attorney representing the Value Adjustment Board. Also present is a
representative of the Clerk of the Circuit Court's Office who will
accept all evidence and electronically record all testimony.
• All testimony will be taken under oath. Shortly I will swear-in all witnesses who will be
testifying in today's proceedings. During the hearing, all persons speaking are requested to
identify themselves and direct their statements to me. Cross-talk between the parties should be
avoided unless we are having a general discussion.
As Special Magistrate, I will listen fully to each side's presentation. However, I will
advise you when your material is either irrelevant to the hearing, or excessively redundant. The
petitioner will be heard first, then the Property Appraiser's Office next, after which the petitioner
will have the opportunity to make a final statement.
Please consider that I will be hearing all of this for the first time and I do not enjoy your
familiarity with the property. The petitioner knows the property intimately. The Property
Appraiser's Office has had time to study the property, the competitive market, cost analysis,
examine income figures or other evidence provided by the owner, to compare that data with
other file data and come to a conclusion of value. It may take me some time to understand and
compare all this data. When I have brought myself to the point of adequate appreciation of the
• data, I will announce my recommendation and explain it.
(VAB Form 2005-02,Rev.09/04/2007) 1
Please note: The only data the Special Magistrate may consider is that which has been
11, presented to the opposing party on a timely basis and submitted as evidence today. The following
are not relevant to this hearing: assessments of previous years, the amount or percent of increase
from the previous year's assessment, the accuracy of previous year's assessments, personal
considerations such as the petitioner's inability to afford the tax bill, and the fact that similar,
nearby properties are assessed at a lower level. All that matters today is evidence which relates to
a value estimate as of January 1st of this year, and a determination whether the subject property is
assessed higher than the market value for that date.
Under Florida law, the Property Appraiser's Office assessment is presumed to be correct
unless and until, pursuant to the rules, it is proven to be in excess of just value.
The Special Magistrate has authority to control the hearing, listen to testimony, review
evidence, and render recommendations to the Value Adjustment Board. The Value Adjustment
Board may only reject those recommendations if the petitioner shows that the Special Magistrate
did not adhere to the laws and rules governing value adjustment hearings in rendering the
recommendation. In such case, if there is competent substantial evidence in the record to
cumulatively support an assessed value other than that recommended by the Special Magistrate,
the Value Adjustment Board may modify decision. Otherwise, the matter must be remanded to
the Property Appraiser(FS 194.031).
With the exception of members of the Florida Bar, all Agents must be ready to swear to
their statements and present written proof of their authorization to represent the petitioning
owner. All persons who will be testifying today please raise your right hand and I will administer
the oath.
OATH
DO YOU SOLEMNLY SWEAR (OR AFFIRM) THAT THE TESTIMONY YOU ARE
ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE
TRUTH, SUBJECT TO THE PENALTIES OF PERJURY.
NOTE: If there are any petitioners present that were approved at a Late File Hearing, please note the
following: the Value Adjustment Board can approve or deny the Special Magistrates findings with regard
• to the late filing. Should the Board deny the findings with regard to the late filing, then the findings from
today's meeting can not be considered.
(VAB Form 2005-02,Rev.09/04/2007) 2
Exhibit D
MONROE COUNTY VALUE ADJUSTMENT BOARD
SPECIAL MAGISTRATE'S OPENING STATEMENT
II (Exemption & Classification Hearings)
My name is , and today's date is
20 . The Value Adjustment Board has appointed me as Special Magistrate for 20 , to
receive documentary evidence and hear testimony regarding petitions related to exemptions and
classifications. This is not to be a formal court proceeding. However, I am bound by Florida law
as to the conduct of the hearings, and I have limitations imposed upon me by Administrative
Rules which have the force of law.
The Special Magistrate is independent of the Property Appraiser's Office and is not an
advocate for the Property Appraiser or the property owner. There are at least two attorneys in
this room. One represents the Property Appraiser's Office , another
represents the Value Adjustment Board . As needed, I will take
41) counsel from the attorney representing the Value Adjustment Board. Also present is a
representative of the Clerk of the Circuit Court's Office who will
accept all evidence and electronically record all testimony.
All testimony will be taken under oath. Shortly I will swear-in all witnesses who will be
testifying in today's proceedings. During the hearing, all persons speaking are requested to
identify themselves and direct their statements to me. Cross-talk between the parties should be
avoided unless we are having a general discussion.
As Special Magistrate, I will listen fully to each side's presentation. However, I will
advise you when your material is either irrelevant to the hearing, or excessively redundant. The
petitioner will be heard first, then the Property Appraiser's Office next, after which the petitioner
will have the opportunity to make a final statement.
•
(Form 2006-01,Rev.09/04/2007)
Please consider that I will be hearing all of this for the first time and I do not enjoy your
familiarity with the property. The petitioner knows the property intimately. The Property
Appraiser's Office has had time to review and study the property. It may take me some time to
understand all of the facts. When I have brought myself to the point of adequate appreciation of
the facts and law, I will announce my recommendation and explain it.
Please note: The only data the Special Magistrate may consider is that which has been
presented to the opposing party on a timely basis and submitted as evidence today. All that
matters today is evidence which relates to the status of the property as of January 1s`of this year.
The Special Magistrate has authority to control the hearing, listen to testimony, review
evidence, and render recommendations to the Value Adjustment Board. The Value Adjustment
Board may only reject those recommendations if the petitioner shows that the Special Magistrate
did not adhere to the laws and rules governing value adjustment hearings in rendering the
recommendation. In such case, if there is competent substantial evidence in the record to
cumulatively support an assessed value other than that recommended by the Special Magistrate,
the Value Adjustment Board may modify decision. Otherwise, the matter must be remanded to
the Property Appraiser (FS 194.031).
With the exception of members of the Florida Bar, all Agents must be ready to swear to
their statements and present written proof of their authorization to represent the petitioning
owner. All persons who will be testifying today please raise your right hand and I will administer
the oath.
OATH
DO YOU SOLEMNLY SWEAR (OR AFFIRM) THAT THE TESTIMONY YOU ARE
ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE
TRUTH, SUBJECT TO THE PENALTIES OF PERJURY.
(Form 2006-01,Rev.09/04/2007)
NOTE: If there are any petitioners present that were approved at a Late File Hearing, please note the
following: the Value Adjustment Board can approve or deny the Special Magistrates findings with regard
to the late filing. Should the Board deny the findings with regard to the late filing, then the findings from
today's meeting can not be considered.
II
•
(Form 2006-01,Rev.09/04/2007)
• Exhibit E
RE# Name
MONROE COUNTY VALUE ADJUSTMENT BOARD
SPECIAL MAGISTRATE
GOOD CAUSE FOR LATE FILE RULINGS
To be completed by Clerk:
Deadline for Petition Filing: Date Petition Filed:
1. The petitioner provided the following:
A. Evidentiary material
B. Testimony by
2. Findings of Fact:
1111 A. The petitioner was unable to file the petition on a timely basis.
B. The reason for the failure to file timely was:
Hospitalized, incarcerated, or in institution indicating non compos mentis
from time TRIM Notice went out until after deadline for filing;
Out of country from time TRIM Notice went out until after deadline for
filing; or
Other. Explain in detail the circumstances and why they precluded
petitioner from filing petition on a timely basis:
3. Conclusions of Law:
A. The reason(s) set forth in 2.B. above: Do Do Not constitute
extraordinary circumstances and establish good cause for the late filing.
Otherwise the petitioner should be denied a hearing&Denial of Petition Recommended.
F.S. 194.011(3)(d) F.A.C. 12D-10.003(8) MCCVAB 6.5 AGO 2003-06
. I have listed to your testimony(and reviewed the documents you have provided). Under
the legal standard which I must apply, you are required to show extraordinary circumstances
(VAB Form 2006-02,revised 09/04/2007)
which PREVENTED you from filing your petition on a timely basis. You must show more than
that it was an inconvenience, or that you weren't attending to your business in a timely manner.
Hospitalization during the time period in which you should have filed has been deemed to be
such extraordinary circumstances as to show just cause. There are circumstances in which
people elect to be unable to conduct business - such as having elective surgery or going out of
country without making arrangements for their business affairs to be handled in their absence.
It is my determination that the evidence:
Supports
Does not support
the requirement of extraordinary circumstances and your request to have your late-filed petition
is:
Approved
Denied
It should be noted that the Value Adjustment Board will make its final decision with
regard to my ruling at their final meeting.
Special Magistrate Date
S
(VAB Form 2006-02,revised 09/04/2007)
Exhibit F
MONROE COUNTY VALUE ADJUSTMENT BOARD
SPECIAL MAGISTRATE'S OPENING STATEMENT
(Late File Determinations)
My name is , and today's date is
20 . The Value Adjustment Board has appointed me as Special Magistrate for 20 , to
receive documentary evidence and hear testimony regarding late filed petitions. This is not to be
a formal court proceeding. However, I am bound by Florida law as to the conduct of the
hearings, and I have limitations imposed upon me by Administrative Rules which have the force
of law.
The Special Magistrate is independent of the Property Appraiser's Office and is not an
advocate for the Property Appraiser or the property owner. There are at least two attorneys in
this room. One represents the Property Appraiser's Office , another
represents the Value Adjustment Board . As needed, I will take
counsel from the attorney representing the Value Adjustment Board. Also present is a
S
representative of the Clerk of the Circuit Court's Office, Pam Hancock, who will accept all
evidence and electronically record all testimony.
All testimony will be taken under oath. Shortly I will swear-in all witnesses who will be
testifying in today's proceedings. During the hearing, all persons speaking are requested to
identify themselves and direct their statements to me. Cross-talk between the parties should be
avoided unless we are having a general discussion.
As Special Magistrate, I will listen fully to each side's presentation. However, I will
advise you when your material is either irrelevant to the hearing, or excessively redundant. The
petitioner will be heard first, then the Property Appraiser's Office next, after which the petitioner
will have the opportunity to make a final statement.
The Special Magistrate has authority to control the hearing, listen to testimony, review
evidence, and render recommendations to the Value Adjustment Board. The Value Adjustment
• Board may only reject those recommendations if the petitioner or the Property Appraiser shows
(VAB Form 2007-01 1
•
' that the Special Magistrate did not adhere to the laws and rules governing value adjustment
hearings in rendering the recommendation. It should be noted that you are required to show
extraordinary circumstances, such as an unplanned and lengthy hospitalization. that prevented
you from filing your petition on a timely basis.
With the exception of members of the Florida Bar, all Agents must be ready to swear to
their statements and present written proof of their authorization to represent the petitioning
owner. All persons who will be testifying today please raise your right hand and I will administer
the oath.
OATH
DO YOU SOLEMNLY SWEAR (OR AFFIRM) THAT THE TESTIMONY YOU ARE
ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE
TRUTH, SUBJECT TO THE PENALTIES OF PERJURY.
111
(VAB Form 2007-01 2