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Florida Property Tax Value Appeal Process Simplified
Local governments raise funds by collecting
ad valorem
taxes on real and tangible personal properties located in each
government jurisdiction. These taxes are calculated by multiplying
the millage rate times the taxable value of the property.
Millage rates are set by local taxing authorities. The law requires
that the Property Appraiser assess property at just value as
of January 1 of each year. The just value of property is generally
defined as fair market value (FMV) or the value that a
willing buyer, who is not obliged to buy, would pay to a willing
seller, who is not obliged to sell.
If you believe the
millage rate in your county is excessive,
you may voice your concern to the appropriate taxing authority at
the public hearings scheduled for that purpose. These typically
include the County, City, School, and Water Management Districts.
If you believe the Property Appraiser has assessed your property at
a value greater than just value you may schedule a meeting
with Property Appraiser staff of the county where your property is located.
The first
party to review an appraisal with the property owner is a member of
the Property Appraiser's Office. Usually, objections are settled
during this phase after the property owner's position is considered
and an appraiser gives a complete explanation of how a value was
derived. If unsatisfied after that initial review and possible
adjustment, the property owner may then petition the Value
Adjustment Board VAB). VAB hearings are typically held in October
through February. Whether or not you choose to meet with the Property Appraiser,
you may file a petition with the VAB, which is comprised of two
members of the County Commission, one member of the County School
Board, and two appointed members from the public. VAB was created
by FLORIDA STATUTE 194.015 to provide
citizens a forum to address complaints when they believe the
Property Appraiser has over assessed their property or improperly
denied an exemption or classification or the Tax Collector
improperly denied a tax deferral. It is the petitioner's
responsibility to present evidence to prove their position.
If the VAB
is unable to reach a satisfactory solution, the property owner may
ask to be heard in a Special Master proceeding. The
Value Adjustment Board appoints
Special Masters who are qualified real estate appraisers or
attorneys to conduct hearings on disputed properties. They act
totally independent of the Property Appraiser's Office. The Property
Appraiser is simply a party before the board, just as is the
petitioner. The only
questions the Special Masters are appointed to determine are whether
the appraised value of a petitioned property exceeds its market
value as of January 1 of the tax years or if the exemption applied
for is legitimate. It is important that the petitioner supplies all
the information requested on the petition to make it easier for the
Board to review the appeal. The final appeal is
Property owners may also institute
legal action in circuit court. |