Florida Regulations 12D-9.014: Prehearing Checklist
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(1) The board clerk shall not allow the holding of scheduled hearings until the board legal counsel has verified that all requirements in Florida Statutes Chapter 194, and department rules, were met as follows:
(a) The composition of the board is as provided by law;
(b) Board legal counsel has been appointed as provided by law;
(c) Board legal counsel meets the requirements of Florida Statutes § 194.015;
(d) No board members represent other government entities or taxpayers in any administrative or judicial review of property taxes, and citizen members are not members or employees of a taxing authority, during their membership on the board;
(e) In a county that does not use special magistrates, either all board members have received the department’s training or board legal counsel has received the department’s training;
(f) The organizational meeting, as well as any other board meetings, will be or were noticed in accordance with Florida Statutes § 286.011, and will be or were held in accordance with law;
(g) The department’s uniform value adjustment board procedures, consisting of this rule chapter, were made available at the organizational meeting and copies were provided to special magistrates and board members;
(h) The department’s uniform policies and procedures manual is available on the existing website of the board clerk, if the board clerk has a website;
(i) The qualifications of special magistrates were verified, including that special magistrates received the department’s training, and that special magistrates with less than five years of required experience successfully completed the department’s training including any updated modules and an examination, and were certified;
(j) The selection of special magistrates was based solely on proper experience and qualifications and neither the property appraiser nor any petitioners influenced the selection of special magistrates. This provision does not prohibit the board from considering any written complaint filed with respect to a special magistrate by any party or citizen;
(k) The appointment and scheduling of special magistrates for hearings was done in a manner in which the board, board attorney, and board clerk did not consider any assessment reductions recommended by any special magistrate in the current year or in any previous year.
(l) All procedures and forms of the board or special magistrate are in compliance with Florida Statutes Chapter 194, and this rule chapter;
(m) The board is otherwise in compliance with Florida Statutes Chapter 194, and this rule chapter; and,
(n) Notice has been given to the chief executive officer of each municipality as provided in Florida Statutes § 193.116
(2) The board clerk shall notify the board legal counsel and the board chair of any action needed to comply with subsection (1).
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, 194.035 FS. History-New 3-30-10, Amended 9-19-17.
Terms Used In Florida Regulations 12D-9.014
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(b) Board legal counsel has been appointed as provided by law;
(c) Board legal counsel meets the requirements of Florida Statutes § 194.015;
(d) No board members represent other government entities or taxpayers in any administrative or judicial review of property taxes, and citizen members are not members or employees of a taxing authority, during their membership on the board;
(e) In a county that does not use special magistrates, either all board members have received the department’s training or board legal counsel has received the department’s training;
(f) The organizational meeting, as well as any other board meetings, will be or were noticed in accordance with Florida Statutes § 286.011, and will be or were held in accordance with law;
(g) The department’s uniform value adjustment board procedures, consisting of this rule chapter, were made available at the organizational meeting and copies were provided to special magistrates and board members;
(h) The department’s uniform policies and procedures manual is available on the existing website of the board clerk, if the board clerk has a website;
(i) The qualifications of special magistrates were verified, including that special magistrates received the department’s training, and that special magistrates with less than five years of required experience successfully completed the department’s training including any updated modules and an examination, and were certified;
(j) The selection of special magistrates was based solely on proper experience and qualifications and neither the property appraiser nor any petitioners influenced the selection of special magistrates. This provision does not prohibit the board from considering any written complaint filed with respect to a special magistrate by any party or citizen;
(k) The appointment and scheduling of special magistrates for hearings was done in a manner in which the board, board attorney, and board clerk did not consider any assessment reductions recommended by any special magistrate in the current year or in any previous year.
(l) All procedures and forms of the board or special magistrate are in compliance with Florida Statutes Chapter 194, and this rule chapter;
(m) The board is otherwise in compliance with Florida Statutes Chapter 194, and this rule chapter; and,
(n) Notice has been given to the chief executive officer of each municipality as provided in Florida Statutes § 193.116
(2) The board clerk shall notify the board legal counsel and the board chair of any action needed to comply with subsection (1).
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, 194.035 FS. History-New 3-30-10, Amended 9-19-17.