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HomeMy WebLinkAbout2025 VAB Reference Materials Including Guidelines DOR State of Florida REFERENCE MATERIALS INCLUDING GUIDELINES For Consideration By Value Adjustment Boards In Conjunction With The Uniform Policies and Procedures Manual and Other Legal Resources Including Statutory Criteria Florida Department of Revenue Revised August 2025 Reference Materials Including Guidelines for Consideration by Value Admustment Boards In Conounction With the Uniform Policies and Procedures Manual: Revised August 2025 Introduction This set of documents titled"Reference Materials Including Guidelines," contains: Taxpayer brochure Checklists General description and internet links to: The Department's training for value adjustment boards and special magistrates; The Florida Real Property Appraisal Guidelines; The Florida Tangible Personal Property Appraisal Guidelines; The Florida Agricultural Classified Use Real Property Appraisal Guidelines; and Florida Attorney General Opinions, Government in the Sunshine Manual, PTO Bulletins and Advisements, and other reference materials. The items listed above do not have the force or effect of law as do provisions of the constitution, statutes, and duly adopted administrative rules. These reference materials are for consideration, where appropriate, by value adjustment boards and special magistrates in conjunction with the Uniform Policies and Procedures Manual and with the Other Legal Resources Including Statutory Criteria. The Department requests that value adjustment board clerks retain and use the title "Reference Materials Including Guidelines"when placing this set of documents on their websites. The Department's guidelines are intended by law as aid and assistance for the production of original assessment rolls by property appraisers. While value adjustment boards and special magistrates are not authorized to produce original assessments, they are authorized to conduct administrative reviews of assessments that include establishing revised assessments when required by law. Therefore, within the scope of their authority, value adjustment boards and special magistrates may consider these guidelines, where appropriate, in the administrative review of assessments produced by property appraisers. These guidelines must be used in conjunction with the Uniform Policies and Procedures Manual and with the Other Legal Resources Including Statutory Criteria. Statutory Provisions Describing the Department's Guidelines for Property Appraisers Section 195.032, Florida Statutes: "In furtherance of the requirement set out in section 195.002, the Department of Revenue shall establish andpromulgate standard measures of value not inconsistent with those standards provided by law, to be used by property appraisers in all counties, including taxing districts, to aid and assist them in arriving at assessments of all property. The standard measures of value shall provide guidelines for the valuation of property and methods for property appraisers to employ in arriving at the just valuation of particular types of property consistent with sections 193.011 and 193.461. The standard measures of value shall assist the property appraiser in the valuation of property and be deemed prima facie correct, but shall not be deemed to establish the just value of any property. However, the presumption of correctness accorded an assessment made by a property appraiser shall not be impugned merely because the standard measures of value do not establish the just value of any property. " Section 195.062(1), Florida Statutes: "Consistent with section 195.032, the standard measures of value shall be adopted in general conformity with the procedures set forth in section 120.54, but shall not have the force or effect of such rules and shall be used only to assist tax officers in the assessment of property as provided by section 195.002. " i Reference Materials Including Guidelines for Consideration by Value Adjustment Boards In Conjunction With the Uniform Policies and Procedures Manual: Revised August 2025 Contents Reference Materials Including Guidelines For Use by Value Adjustment Boards In Conjunction With the Uniform Policies and Procedures Manual Department's Guidelines (internet links) . . ... 1 Department's Training For Value Adjustment Boards And Special Magistrates .. ... 2 Checklists for Value Adjustment Boards Organizational Meeting . .... 3 Prehearing checklist . .... 4 Taxpayer brochure: Petitions to the Value Adjustment Board . . ... 5 Links to Internet Resources (internet links) ..... 6 The Department's training for value adjustment boards and special magistrates; Florida Attorney General Opinions, Government in the Sunshine Manual, PTO Bulletins and Advisements, and other reference materials. Reference Materials Including Guidelines for Consideration by Value Adjustment Boards In Conjunction With the Uniform Policies and Procedures Manual: Revised August 2025 Department's Guidelines for Assessment Development The guidelines are required by law and are intended to be used as aid and assistance in the production of original assessment rolls by property appraisers. The guidelines do not have the force or effect of law. Within the scope of their authority and when appropriate, value adjustment boards and special magistrates may consider these guidelines in the administrative review of assessments. The following guidelines are available at https:Hfloridarevenue.com/property/Pag s/Cofficial—MOI.aspx. Florida Real Property Appraisal Guidelines (FRPAG), 2002 Tangible Personal Property Appraisal Guidelines, 1997 Florida Agricultural Classified Use Real Property Appraisal Guidelines, 2024 1 Reference Materials Including Guidelines for Consideration by Value Adjustment Boards In Conjunction With the Uniform Policies and Procedures Manual: Revised August 2025 Department's Training For Value Adjustment Boards And Special Magistrates Value Adjustment Board Training: http://floridarevenue.com/property/Pales/VAB_Training aspx Information and instructions for receiving the Department's value adjustment board training specified in section 194.035(3), F.S. The Department provides this training to comply with section 194.035, Florida Statutes. The information in this training is not a rule under the laws governing the Florida Administrative Code and does not have the force or effect of law. It contains information about the law, along with the Department's observations, explanations, examples, and recommendations, and its purpose is to assist boards, board attorneys, and special magistrates in performing their duties consistently with Florida law. 2 a 08/2025 Value Adjustment Board (VAB) Checklist Organizational Meeting of the VAB FLORIDA, (Rule 12D-9.013, F.A.C.) This checklist is a guide to help VAB clerks make sure that the VAB performs all the required actions and responsibilities specified in the Florida Department of Revenue's Rule 12D-9.013, Florida Administrative Code. The VAB: El Held at least one organizational meeting before VAB hearings started. El Gave reasonable notice of every organizational meeting as s. 286.0111 F.S., and other provisions of law require, including the: El Date, time, and location of the meeting. 1:1 Purpose of the meeting. El Advice that any person who anticipates that he or she will appeal a decision of the VAB should make sure a verbatim record of the proceeding is made(see s.286.0105, F.S.). At this organizational meeting, the VAB: El Regarding private board legal counsel: El Decided to impose a petition filing fee (of no ❑ Appointed or ratified legal counsel as the first more than $50)for the current year by adopting action at the meeting (see s. 194.015, F.S.). or ratifying a resolution to impose it (see s. 194.0133 F.S.). ElIntroduced every VAB member and VAB clerk staff and provided their contact information. El Discussed general information on: ElAppointed or ratified special magistrates (if the El Florida's property tax system. VAB is using them for this year). El Roles of participants in this system. El How taxpayers can participate in this system. El Made available to everyone (VAB-related El Property taxpayer rights. persons and the public): El Rule Chapter 12D-9, F.A.C. (Requirements for 1:1 If it has local administrative procedures and Value Adjustment Boards in Administrative forms: Reviews; Uniform Rules of Procedure for El Discussed the new or revised procedures and Hearings Before Value Adjustment Boards). forms. El Rule Chapter 12D-10, F.A.C. (Value Adjustment ❑ Took testimony on these procedures and forms. Board). El Adopted or ratified the procedures and forms. El All"guidelines"documents adopted by Rule El Made these local procedures and forms Chapter 12D-51, F.A.C. (Standard Assessment available to the public, including on the VAB Procedures and Standard Measures of Value; clerk's website. Guidelines). El Requirements of Florida's Government in the ❑ Announced a tentative schedule for its required Sunshine and open government laws and where activities based on these considerations: to find the manual on Government in the El The number of petitions filed. Sunshine. El The possibility that activities might have to be El Chapters 192, 193, 194, and 195 of the Florida rescheduled. Statutes(see s. 194.011, F.S.). El The requirement that the VAB continue in session until it has heard all petitions(see s. 194.032) F.S.). 3 a Value Adjustment Board (VAB) Checklist 06I01/2015 � Prehearing o (Rule 12D-9.014, F.A.C.) FLORIDA, Prehearing Actions That VAB Legal Counsel Must Verify (see Rule 12D-9.014(1)(a)—(m), F.A.C.) VAB Structure and Requirements Preparing Special Magistrates or the VAB El The VAB complied with s. 194.015, F.S., in that: Members to Hear Petitions El The composition of the VAB met the law's El If the VAB will use special magistrates to hear requirements. petitions, the VAB: El No member represented other government El Verified the qualifications of every special entities or taxpayers in any administrative or magistrate. judicial review of property taxes. El Selected every special magistrate: El No citizen member was a member or employee El Based solely on proper experience and of a taxing authority during his or her service on qualifications. the VAB. El Without influence from the property ❑ The VAB appointed legal counsel as provided appraiser or any petitioner. in and according to the requirements of s. El Verified that every special magistrate received 194.015, F.S. the Florida Department of Revenue(DOR) El The VAB reviewed all VAB and special training and provided a certificate. magistrate procedures and forms to make sure El Verified that every special magistrate with less they complied with Chapter 194, F.S., and Rule than five years of required experience: Chapter 12D-9, F.A.C. El Successfully completed DOR's training, including updates. For All VAB Meetings, the VAB El Passed the training exam. El Provided reasonable notice as S. 286.011, F.S., El Received certification. requires. El If the county does not use special magistrates: El Made sure that it held every meeting as El Every VAB member received DOR's training. provided by law. El Or the VAB's legal counsel received DOR's For Any Organizational Meeting, the VAB training. El Provided the Florida Department of Revenue's Notification to All Municipalities Affected by uniform VAB procedures, as adopted in Rule Filed VAB Petitions Chapter 12D-9, F.A.C., at the organizational meeting. ❑ The VAB has given notice to the chief executive El Gave copies of these procedures to VAB of every municipality in the county whenever it members and special magistrates. has taken an appeal about any property in the municipality, as required by s. 193.116, F.S. El Provided these procedures on the VAB clerk's website, if the clerk had one. General Compliance ❑ The VAB complied with all other requirements of Chapter 194, F.S., and Rule Chapter 12D-9, F.A.C. Prehearing Requirements for the VAB Clerk (see Rule 12D-9.014(1) and (2), F.A.C.) ❑ I notified the VAB's legal counsel and the VAB's El I did not allow the holding of any scheduled chair of any actions which the VAB needs to hearings on petitions until the VAB legal comply with subsection (1) of Rule 12D-9.014, counsel had verified that the VAB had met all F.A.C. requirements of Chapter 194, F.S., and Rule Chapter 12D-9, F.A.C. 4 Taxpayer Brochure Petitions to the Value Adjustment Board http://floridarevenue.coMZproperty/Documents/TtI0I.pdf 5 Reference Materials Including Guidelines for Consideration by Value Adjustment Boards In Conjunction With the Uniform Policies and Procedures Manual: Revised August 2025 Links to Internet Resources Value Adjustment Board Training: hqp:Hfloridarevenue.com/property/Pages/VAB-Training.as]px Attorney General Opinions: http://Myfloridalegal.com/ago.nsf/Opinions Government-in-the-Sunshine Manual: https://www.Myfloridalegal.com/open-govemment/sunshine-manual Value Adjustment Board forms: http://floridarevenue.com/propertv/Pages/Forms.aspx Taxpayer Guide to Petitions to the Value Adjustment Board: htlp:Hfloridarevenue.com/property/Documents/TtI0I.pdf 6