In response to a Joint Administrative Procedure Committee (JAPC) staff review, the Department is amending the listed rules. The proposed amendment to Rule 12D-9.007, F.A.C., is to remove subsection (15), which does not meet the definition of a rule ...

 

DEPARTMENT OF REVENUE

Property Tax Oversight Program

RULE NOS.:RULE TITLES:

12D-9.007Role of the Clerk of the Value Adjustment Board

12D-9.015Petition; Form and Filing Fee

12D-9.019Scheduling and Notice of a Hearing

PURPOSE AND EFFECT: In response to a Joint Administrative Procedure Committee (JAPC) staff review, the Department is amending the listed rules. The proposed amendment to Rule 12D-9.007, F.A.C., is to remove subsection (15), which does not meet the definition of a rule based on a JAPC staff finding. The proposed amendment to paragraph 12D-9.015(2)(e), F.A.C., is to implement s. 10 of Chapter 2016-128, L.O.F., which amended s. 194.032(2), F.S., removing the requirement of a check box for the petitioner to request a copy of the property record card on the petition forms. Section 194.032(2)(a), F.S., instructs the property appraiser, when he or she receives a petition from the clerk, to provide a copy of the property record card or notify the petitioner the property record card is available online. The purpose of the proposed amendment to paragraph 12D-9.019(5)(b), F.A.C., is to implement s. 8 of Chapter 2013-109 and s. 2 of Chapter 2012-193, L.O.F., to add amended provisions from Chapter 194, F.S., and remove outdated language. This amendment will allow the value adjustment board (VAB) to hear a petition within a block of time and limit the petitioner’s wait time to two hours after the scheduled time for the hearing to commence. The effect of amending these rules is to have statutorily current procedures for VAB activities and proceedings available to all interested parties.

SUMMARY: Amend Rules in Chapter 12D-9, F.A.C. about the value adjustment board proceedings, based on JAPC findings during a rule review.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) no requirement for an SERC was triggered under Section 120.541(1), F.S.; and, 2) based on past experiences with activities for providing the public tax information and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would exceed any one of the economic analysis criteria in a SERC, as set forth in Section 120.541(2)(a), F.S. Any person who wishes to provide information regarding a SERC, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 194.011(5), 194.034(1), 195.027(1), 213.06(1) FS.

LAW IMPLEMENTED: 193.155, 194.011, 194.013, 194.015, 194.032, 194.034, 194.035, 194.036, 195.022, 196.151, 197.2425 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: January 10, 2017, 10:00 a.m.

PLACE: Capital Circle Office Complex, Building 2, Room 1220, 2450 Shumard Oak Blvd, Tallahassee, Florida.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Mike Cotton at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mike Cotton, Property Tax Oversight Program, Department of Revenue, P.O. Box 3000, Tallahassee, Florida 32315-3000, telephone: [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

12D-9.007 Role of the Clerk of the Value Adjustment Board.

(1) Through (14) No Change.

(15) The board clerk shall have such other duties as set forth elsewhere in these rules and Rule Chapter 12D-10, F.A.C., and in the Florida Statutes and as assigned by the board not inconsistent with law.

Rulemaking Authority 194.011(5), 194.034(1), 195.027(1), 213.06(1) FS. Law Implemented 194.011, 194.013, 194.015, 194.032, 194.034, 194.035, 194.036, 195.022 FS. History–New 3-30-10, Amended 6-14-16,_____.

 

12D-9.015 Petition; Form and Filing Fee.

(1) No change.

(2) Content of Petition. Petition forms as adopted or approved by the department shall contain the following elements so that when filed with the board clerk they shall:

(a) through (d) No change.

(e) Contain a statement that the petitioner has the right, regardless of whether the petitioner initiates the evidence exchange, to receive from the property appraiser a copy of the property record card containing information relevant to the computation of the current assessment, with confidential information redacted, along with a statement that when the property appraiser receives the petition, the property appraiser will either send the property record card to the petitioner or notify the petitioner how to obtain the property record card online. Provide a check box for the petitioner to request a copy of the property record card;

(f) through (h) No change.

(3) through (14) No change.

Rulemaking Authority 194.011(5), 194.034(1), 195.027(1), 213.06(1) FS. Law Implemented 193.155, 194.011, 194.013, 194.032, 194.034, 194.036, 195.022, 196.151, 197.2425 FS. History–New 3-30-10, Amended 11-1-12, 6-14-16,_____.

 

12D-9.019 Scheduling and Notice of a Hearing.

(1) through (4) No change.

(5)(a) If a petitioner’s hearing does not commence as scheduled, the board clerk is authorized to reschedule the hearing. determine good cause exists to reschedule a petition.

(b) In no event shall a petitioner be required to wait more than a reasonable time after from the scheduled time to be heard or, if the petition has been scheduled to be heard within a block of time, after the beginning of the block of time. A reasonable time shall not exceed four hours. The board clerk is authorized to find that a reasonable time has elapsed based on other commitments, appointments or hearings of the petitioner, lateness in the day, and other hearings waiting to be heard earlier than the petitioner’s hearing with the board or special magistrate. If his or her petition has not been heard within a reasonable time, the petitioner may request to be heard immediately. If the board clerk finds a reasonable time has elapsed and petitioner is not heard, the board clerk shall find good cause is present and shall reschedule the petitioner’s hearing. A reasonable time must not exceed two hours. After two hours, the petitioner has the right to inform the board chairperson, or the clerk as board designee, that he or she intends to leave. If the petitioner chooses to leave, the petitioner must first inform the board chairperson or clerk that he or she intends to leave. The clerk must not list the petitioner as a no show. If the hearing does not commence within two hours and the petitioner leaves, the clerk must reschedule the hearing.

(c) No change.

(6) No change.

Rulemaking Authority 194.011(5), 194.034(1), 195.027(1), 213.06(1) FS. Law Implemented 194.011, 194.015, 194.032, 194.034, 195.022 FS. History–New 3-30-10, Amended 9-26-11, 6-14-16, Section 15, Chapter 2016-128, Laws of Florida, 7-1-16, xx-xx-xx.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Cotton

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: The Governor and Cabinet of Florida.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/06/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 17, 2016.