Paragraph 12D-9.019(7)(b), F.A.C. (Scheduling and Notice of a Hearing), provides a maximum time frame for a petitioner waiting for a hearing before the Value Adjustment Board. The purpose of the proposed amendment to this rule is to clarify the ...

DEPARTMENT OF REVENUE
Property Tax Oversight Program

Rule No. : RULE TITLE :
12D-9.019: Scheduling and Notice of a Hearing
PURPOSE AND EFFECT: Paragraph 12D-9.019(7)(b), F.A.C. (Scheduling and Notice of a Hearing), provides a maximum time frame for a petitioner waiting for a hearing before the Value Adjustment Board. The purpose of the proposed amendment to this rule is to clarify the length of “a reasonable time” to reflect the stated maximum time limit of four hours in Section 194.032(2), F.S.
SUMMARY: In response to the objection to paragraph 12D-9.019(7)(b), F.A.C., as filed by the Joint Administrative Procedures Committee of the Florida Legislature, the Department is amending the rule to reflect the statutory language in Section 194.032(2), F.S., to address the Committee objections.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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. An SERC has not been prepared by the agency.
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: 194.011, 194.015, 194.032, 194.034, 195.022, 213.05 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 15, 2011, 9:00 a.m.
PLACE: Conference Room 1220, Building 1, Capital Circle Office Complex, 2450 Shumard Oak Blvd., Tallahassee, Florida. The public can also participate in this hearing through a simultaneous electronic broadcast of this event by the Department of Revenue using WebEx and conference calling technology. The requirements to participate are access to the Internet and a telephone. The public can participate in this electronic hearing by accessing the broadcast from their home or office. Specific information about how to participate in this electronic meeting from your home or office will be included in the Agenda for this hearing posted on the Department’s site at: http://dor.myflorida.com/dor/property/legislation/rules/12d9019.html.
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: Janice Forrester 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: Janice Forrester, Tax Law Specialist, Property Tax Oversight Program, Department of Revenue, P.O. Box 3000, Tallahassee, Florida 32315-3000, telephone [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

12D-9.019 Scheduling and Notice of a Hearing.

(1) through (6) No change.

(7)(a) No change.

(b) In no event shall a petitioner be required to wait more than a reasonable time from the scheduled time to be heard. 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.

(c) No change.

(8) 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, 213.05 FS. History–New 3-30-10, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Howard Moyes, Deputy Director, Property Tax Oversight Program, Department of Revenue, P. O. Box 3000, Tallahassee, Florida 32315-3000, telephone [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: The Governor and Cabinet of the State of Florida
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 3, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: According to Section 120.545(3) F.S., a Notice of Proposed Rule Development is not required to be published in the Florida Administrative Weekly before going before the Governor and Cabinet to request approval to publish the Notice of Proposed Rule.