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Value Adjustment Board
(386) 740-5164
jsjones@co.volusia.fl.us
Petition information
Petitions to the VAB
Appeals to the VAB
Petition contents
Deadlines for petition filing
Petition filing fees
Waiver of filing fees
Where to file
VAB hearing information/procedures
Print the petition
Petition information
The Value Adjustment Board (VAB) accepts petitions submitted by
any taxpayer who objects to the valuation placed on their taxable real or
personal property. Petitions are heard by impartial Special Magistrates in
a quasi-judicial forum. Hearings are tentatively scheduled during October
and November each year. Complete instructions for completing a petition
for property located in the County of Volusia are below. A copy of the
petition can be downloaded at the bottom of this page and is available at
any Property Appraiser's office in the state of Florida. Petitions are
accepted at the property tax offices in Daytona Beach, DeLand, Orange
City, and New Smyrna Beach.
Petitions to the VAB
A taxpayer who objects to the Property Appraiser’s assessment
of the taxpayer’s real or personal property may file a petition with the
VAB.
Appeals to
the VAB
A taxpayer may file a petition with the VAB if the Property
Appraiser has denied the taxpayer’s application for any of the following
exemptions or special use classifications: 1) homestead exemption; 2) any
other tax exemption as provided by Chapter 196, Florida Statutes; or 3)
any special use classification as provided by Chapter 193, Florida
Statutes. A taxpayer whose application for homestead tax deferral has been
denied by the county tax collector may also file an appeal (petition) to
the VAB.
Petition contents
Information furnished in the petition is essential to the VAB’s decision
in each case. The VAB will rely on the petitioner’s estimate of fair
market value as stated in the petition in addition to any evidence
submitted at the hearing in deciding the merits of the petition. Each
petition must include the following in order to be considered complete:
- All information requested in the
petition must be included. In the event that the information requested
is not pertinent to a particular petition or if it is unknown or
unavailable to the petitioner, the petitioner should indicate that such
is the case on the line provided.
- Petitioners name and current MAILING
address should be put on the front of the petition. All information,
including hearing notices and Records of Decision, will be mailed to the
address appearing on the petition unless we are notified of a change in
writing. If an attorney is representing you please put their information
on the petition in order for the VAB to inform them of all hearing
dates.
- Parcel Number.
- Owner of Record.
-
Authorization Form
(required if an agent or tax consultant is representing the owner of
record) with notarized signature of owner.
- Notarized signatures of the owner or
designated agent, as appropriate.
- Time limit estimate (a presentation
should not exceed 20 minutes.)
- Exhibits or attachments must be
submitted to the Deputy Clerk in DUPLICATE and identified with the
property’s parcel/alternate key number and owner of record.
Note: A
petition which is not fully completed, signed and notarized, accompanied
by a properly completed authorization form (if applicable) and filed with
the appropriate filing fee (if applicable) will be returned to the
petitioner and will not be considered timely. DO NOT SEPARATE THE PETITION
PAGES. A copy of the petition will be returned to you after processing by
the Deputy Clerk.
Deadlines for petition filing
All petitions must be filed before the deadlines established by law. The
filing date is the date on which the petition is actually received by the
VAB. It is not the date when the petition was deposited in the US mail for
delivery to the VAB. Filing deadlines are as follows
- Assessment petitions must be filed on or
before the 25th day following the mailing date of the Notice of Proposed
Taxes (commonly called the TRIM Notice) by the Property Appraiser.
- Appeals of denials of homestead or other
tax exemptions and special use classifications must be filed on or
before the 30th day following the mailing date of the notice of denial
by the Property Appraiser. (Please include copy of denial with
Petition.)
- Appeals of denials based on untimely
filing for homestead exemption must be filed on or before the 25th day
following the mailing date of the notice of proposed taxes by the
Property Appraiser. (Please include copy of denial with Petition.)
- Appeals of denials based on untimely
filing for agricultural classification must be filed on or before the
25th day following the mailing date of the notice of proposed taxes by
the Property Appraiser. (Please include copy of denial with Petition.)
- Appeals of denials of homestead tax
deferrals must be filed within 30 days after the taxpayer’s receipt of
the county tax collector’s notice of disapproval. (Please include copy
of denial with Petition.)
Petition filing fees
(Effective January 1, 2001 all filing fees are non-refundable.)
Assessment Petitions - $15 for each separate parcel.
Joint Parcels - $5 per parcel for each contiguous undeveloped (adjoining)
parcel of equal value in the petition ($15 minimum fee per petition). A
single joint petition may be filed by a condominium association,
cooperative association, homeowners association or timeshare/interval
ownership type entity with the approval of its Board of Directors or
Administration.
- Homestead or Homestead Tax Deferral
Appeals - No filing fee.
- Other exemption or Special Use
(Agricultural) Classification Appeals - $15 per parcel.
- Untimely filing for Homestead or other
Exemption or Agricultural Classifications. Denial of homestead or other
exemption or agricultural classification due to taxpayer’s failure to
file prior to March 1 of the applicable tax year - $15 per parcel.
The required filing fee must be paid when
the VAB petition is filed or the petition will be considered invalid and
rejected. Checks or money orders should be made payable to: County of
Volusia, VAB.
Waiver of filing fees
The applicable filing fee will be waived if, at the time of
filing, the petitioner presents a certificate or other document issued by
the Florida Department of Health and Rehabilitative Services demonstrating
that the taxpayer is an eligible recipient of public assistance payments
under Section 490.185, Florida Statutes
Where to file
Petitions may be mailed to Deputy Clerk, Value Adjustment
Board, 123 W. Indiana Avenue, DeLand, FL 32720-4284, 386/740-5164.
Petitions may be hand delivered to any County of Volusia Finance
Department office located in DeLand, Orange City, Daytona Beach, or New
Smyrna Beach, Florida.
VAB Hearing Information/Procedures
Florida law gives the Property Appraiser’s determinations a
presumption of correctness. Consequently, the Property Appraiser’s
decisions regarding assessments, exemptions and special use
classifications are considered correct unless the petitioner rebuts this
presumption of correctness. The presumption of correctness can be rebutted
by the presentation of credible, relevant evidence that the Property
Appraiser failed to follow the requirements of Florida law in developing
the assessment and the Property Appraiser’s value is in excess of just
value.
In order to demonstrate that the Property
Appraiser failed to follow the requirements of Florida law, a petitioner
must present a preponderance of the evidence which demonstrates that: 1)
the Property Appraiser has failed to consider the eight (8) criteria set
out in Section 193.011, Florida State Statutes, for determining just
value; or 2) 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. (See Section 194.301, Florida
Statutes)
If the petitioner rebuts the presumption of
correctness, the petitioner still has the burden of proving by a
preponderance of the evidence that the Property Appraiser’s assessment is
in excess of just value. If the presumption of correctness is not
overcome, then the petitioner must prove by clear and convincing evidence
that the assessment is in excess of just value. Just value is synonymous
with fair market value and is defined as the "price at which a property,
if offered for sale in the open market, with a reasonable time for the
seller to find a purchaser, would transfer for cash or its equivalent,
under prevailing market conditions between parties who have knowledge of
the uses to which the property may be put, both seeking to maximize their
gains and neither being in a position to take advantage of the exigencies
of the other. " Chapter 12-D-1.002(2), Florida Administrative Code.
The quality of the evidence that a
petitioner presents during the VAB hearing will have a direct bearing upon
the VAB’s decision. If a petitioner is contesting an ad valorem
assessment, the petitioner must present evidence of the fair market value
of the petitioned property as of January 1. In proving fair market value,
relevant evidence would include, but not be limited to, an appraisal of
the property dated prior to January 1, or sales of comparable properties
which occurred prior to January 1, or zoning or other restrictions
affecting the property that have not been considered by the Property
Appraiser. The VAB has no legal authority to lower an assessment or grant
an exemption or special use classification based on a petitioner’s
financial hardship or the amount of taxes that a petitioner would be
required to pay.
Petitioners are encouraged to submit two
(2) copies of all supporting evidence with their petition. All submitted
documents should be marked with the appropriate parcel number. The VAB
will provide the duplicate copy of the supporting documents to the
Property Appraiser. Copies of these documents must be provided to the VAB
no later than ten (15) working days prior to their scheduled hearing.
The VAB hearings will be conducted by
Special Magistrates who are appointed by the VAB and who are qualified to
hear the issues involved in these cases because of their training and
professional credentials. After hearing the evidence presented by the
petitioner (which should not exceed 20 minutes) and the Property
Appraiser, the Special Magistrate will make a recommendation to the VAB.
You will be mailed a written copy of the Board's final decision within 20
days of the final board meeting, which should be sometime in December
unless there are mitigating circumstances which prevent this. The Board
will act upon the Special Magistrate’s recommendation without further
notice or hearing. A petitioner who is aggrieved by the Board’s final
decision may file a complaint in the circuit court within sixty- (60) days
of the date a final decision is rendered by the Board. Failure to file a
complaint within the sixty- (60) day time frame may result in the circuit
court dismissing the complaint for lack of jurisdiction. See Sections
194.171(2) and (6), Florida Statutes.
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Petition to
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