The Value Adjustment Board clerk will
schedule a hearing date and time for all petitioners. Each petitioner
should receive a written notice of hearing at least 25 calendar days
prior to the hearing. The address used to mail these notices will be the
same address appearing on the petition form.
A petitioner has the right, one single
time, to reschedule a hearing by submitting a written request to the
Value Adjustment Board at least 5 days before the originally scheduled
hearing. See
Fla. Stat. § 194.032(2)
You can participate in an evidence
exchange with the property appraiser. You may still present evidence if
you do not participate in evidence exchange. However, if the property
appraiser asks in writing for evidence before the hearing, and you have
this evidence but refuse to give it to the appraiser, the evidence
cannot be used during the hearing. If you choose to participate in an
exchange of evidence, you should:
1. Give the property appraiser a list of
evidence and copies of documents that you will present at the hearing,
at least 15 days before your hearing date.
2. Ask in writing for the property
appraiser to give you a list and summary of the evidence that he or she
will present at the hearing. If you did not provide your information at
least 15 days before the hearing, the property appraiser does not need
to provide this information to you.
3. If you make the request, the property
appraiser must provide the information at least 7 days before the
hearing. If the property appraiser does not provide the information at
least 7 days before the hearing, your hearing will be rescheduled.
4. If an agent represents you, he or she
may ask the property appraiser for confidential information. Before the
property appraiser can release any confidential information, your agent
must provide a copy of written authorization from you. Please refer to
Fla. Stat. § 194.011 for more information regarding evidence
exchange.
You may represent yourself at the
hearing. Hearings before a value adjustment board are not proceedings
that require an attorney or agent. However, depending on the complexity
or value of your property, you may want an attorney or tax agent to
represent you at the hearing. You or the property appraiser may ask that
all witnesses be sworn in at the time of your hearing. You and the
property appraiser will have an opportunity to present evidence. There
will be no bias toward or against either party at the hearing.
The hearing schedule should be followed
as closely as possible without interfering with each party’s right to be
heard. If your hearing has not started within four hours of the
scheduled time, you can request to be heard immediately, have the
hearing rescheduled, or you may withdraw your petition.
After the hearing the special magistrate
will make a more thorough review of the information and will make a
recommendation to the Board. Once the Special Magistrate finalizes
his/her recommendation, the clerk will promptly send a copy of that
recommendation form to you and notify you of the date, time, and place
where the board will meet to review that recommendation and make its
final decision. You are not required to attend these meetings; however,
all meetings are open to the public. If a special magistrate heard your
petition, the value adjustment board may adopt the magistrate’s
recommendations. If the board determines the magistrate failed to
consider evidence or made an incorrect legal determination, the board
can make a different decision than the recommendation. The copy of the
special magistrate recommendation that you will be receiving is only a
recommendation to the board. The Board will make the final decision.
The clerk of the value adjustment board
will notify you in writing of the Board’s final decision on your
petition. The notice will explain whether any changes were made and will
list the information that the board relied on, as well as the legal
reason for reaching the decision that was made. This notification will
be mailed to you within 20 days of the Final Board Meeting. See
Fla. Stat. § 194.034(2)
You may file a claim with the Circuit
Court if you do not agree with the decision of the Board. See
Fla. Stat. § 194.171(2) and
Fla. Stat. § 194.171(6).
If you are considering appealing any
decision of the value adjustment board pursuant to
Fla. Stat. § 194.171, please be advised that you may need a
record of the proceedings before the board and that preparation of a
proper record transcript is the responsibility of the appealing party.
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