Loading...
VAB Agenda 02/10/2020 Item # 3B ITEM 3B VAB 2019 Compliance Checklist 02/10/2020 Item 3B EXECUTIVE SUMMARY Collier County 2019 Value Adjustment Board Compliance Checklist OBJECTIVE: The Value Adjustment Board to review the written checklist prepared by the VAB Legal Counsel for verification of process compliance for the current VAB Year(2019). CONSIDERATIONS: Pursuant to Florida Statute (F.S.) §194.011(5), Florida Administrative Code (F.A.C.) §12D-9.013 and F.A.C. §12D-9.014 Verification, Florida Department of Revenue (DOR) form, DR-488P needs to be completed in full. The information for verification needs to occur prior to, during or after the VAB Organizational Meeting each year. The Checklist that has been prepared supports and supplements DR-488P. RECOMMENDATION: The Value Adjustment Board to review the written Checklist and include the submission of the Checklist into the 2019 VAB official record as documentation and verification of compliance by the Collier County Value Adjustment Board. Attachments: • Collier County 2019-20 VAB Verification of VAB Compliance and Prehearing Checklist • DR-488P (Real Property)—Initial Certification of the Value Adjustment Board • DR-488P (Tangible Personal Property) — Initial Certification of the Value Adjustment Board Page 1 COLLIER COUNTY 2019-20 VALUE ADJUSTMENT BOARD VERIFICATION OF VAB COMPLIANCE and PREHEARING CHECKLIST (to supplement Form DOR-488p) Information to be verified prior to, during or after the Organizational Meeting, and pursuant to F.S. §194.011(5), F.A.C.§12D-9.013 and F.A.C.§12D-9.014 Verification: Pre-Organizational Meeting C VAB comprised of two(2)County Commissioners, one(1)School Board Member, one (1) 7/29/19 Citizen Member appointed by the BOCC and one (1)Citizen Member appointed by the School Board—Org. Mtg. Agenda Item 3A& Verbatim )) HEC Citizen Members met all criteria pursuant to F.S. §194.015 and F.A.C. §12D-9.004— 7/-9/19 Org. Mtg.Agenda Item 3C,BoCC & School Board verify,Verbatim EC VAB Attorney meeting the requirements of F.S. §194.015 has been appointed or ratified - 7/29/19 Org. Mtg.Agenda Item 6& Verbatim No VAB members represent other governmental entities or taxpayers in any administrative or ot 7/29/19 judicial review of property taxes—Org. Mtg. Agenda Items 3A and 3C, BoCC & School Board verify & Verbatim C Citizen members are not members or employees of a taxing authority for the current VAB cytE' /29/19 session—Org. Mtg.Agenda Item 3C, BoCC & School Board verify& Verbatim HEC The organizational meeting,as well as any other board meetings,will be or were noticed in 7/29/19 accordance with F.S. §286.011,and will be held in accordance with law-Verbatim for Org. Mtg. Agenda Item 2/Additional statement re: Affidavit of Publication HEC The organizational meeting notice includes the date,time, location,purpose of the meeting, c.3) /29/19 and information required by F.S. §286.0105 -Verbatim for Org. Mtg. Agenda Item 2/Additional statement re: Affidavit of Publication The DOR's uniform value adjustment board procedures,were made available at the 29/19 organizational meeting and copies were provided to special magistrates and board members - Org. Mtg.Agenda Item 11G& Verbatim ( 41EEC The DOR's uniform policies and procedures manual is available on the existing website of \ )( 7/29/19 the board clerk- Org. Mtg. Agenda Item 11G & Verbatim t* EC The qualifications of special magistrates were verified- Org. Mtg. Agenda Items 7& 8 V / 9/19 (reviewed by procurement services); Verbatim EC VAB Attorney has received the DOR training and has passed the corresponding exam—Org. 7/29/19 Mtg. Agenda Item 10 All appointed special magistrates have received the DOR training and have completed the 7/31 Dube same and passed any corresponding exam,and special magistrates with less than five years of 8/12 Chadwel 9/10 Pelletier required experience successfully completed the DOR's training including any updated 9/26 Watson modules and an examination, and were certified - Org. Mtg. Agenda Item 10-VAB will request Certificates of Completion HEC The selection of special magistrates was based solely on proper experience and qualifications 7/ 9 and neither the property appraiser nor any petitioners influenced the selection of special magistrates. -Org. Mtg. Agenda Items 7& 8 (reviewed by procurement services); Verbatim HE The VAB is willing to consider any written complaint filed with respect to a special 9/19 magistrate by any party or citizen [F.A.C. 12D-9.009(1)(f)] - Org. Mtg. Agenda Items 11B and 13; Verbatim All procedures and forms of the board or special magistrate are in compliance with F.S. §194 /19 and F.A.C. §12D-9—Org. Mtg. Agenda Items 11 and 13; Verbatim; VAB Attorney oversees throughout VAB session Page 1 of 3 `/ 10/3/19 Notice(s)has/have been given to the chief executive officer of each municipality as provided �' C ALL in F.S. §193.116 The VAB is in compliance with F.S. §194 and F.A.C. 12D-9—Org. Mtg. Agenda Item 13; /29/19 Verbatim; VAB Attorney oversees throughout VAB session Organizational Meeting: July 30, 2019 The VAB held organizational meeting prior to the holding of value adjustment board hearings —Org. Mtg.Agenda,Org. Mtg. Agenda Item 12D,Affidavit of Publication& Verbatim The VAB introduced the members of the board and provided contact information-Org. Mtg. le Agenda Exhibit 3A & Verbatim The VAB introduced the board clerk and any designee of the board clerk and provided the oard clerk's contact information-Org. Mtg. Agenda Exhibit 3B & Verbatim 62C-- The VAB appointed and/or ratified special magistrates- Org. Mtg. Agenda Items 7& 8; -.'''bVerbatim The VAB made F.A.C. 12D-9 available to the public, special magistrates and board members, containing the uniform rules of procedure for hearings before value adjustment boards and (-1,),/,*7 special magistrates—available at organizational meeting and on the website of the board clerk - Org.Mtg. Agenda Exhibit 11G & Verbatim The VAB made F.A.C. 12D-10 available to the public, special magistrates and board members, containing the rules applicable to the requirements for hearings and decisions— 1 • available at organizational meeting and on the website of the board clerk- Org. Mtg. Agenda Exhibit 11G & Verbatim e VAB made the requirements of Florida's Government in the Sunshine/open government aws including information on where to obtain the current Government-In-The-Sunshine manual available to the public, special magistrates and board members—available at organizational meeting and on the website of the board clerk- Org. Mtg. Agenda Exhibit 11 Verbatim e VAB made F.A.C. 12D-51.001, 12D-51.002 and 12D-51.003 available to the public, 011 special magistrates and board members—available at organizational meeting and on the website of the board clerk- Org. Mtg. Agenda Exhibit 11G & Verbatim The VAB made the associated forms that have been adopted by the DOR available to the c �, public, special magistrates and board members—available at organizational meeting and on the website of the board clerk -Org. Mtg. Agenda Exhibit 11G & Verbatim ' e VAB made all local administrative procedures and forms of the board or special magistrates available to the public, special magistrates and board members—available at organizational meeting and on the website of the board clerk-Org. Mtg. Agenda Exhibit 11B & Verbatim e VAB made F.S. Chapters 192-195 available to the public, special magistrates and board 4members as reference information containing the guidelines and statutes applicable to assessments and assessment administration—available at organizational meeting and on the website of the board clerk- Org. Mtg. Agenda Exhibit 11G & Verbatim '' e VAB discussed, took testimony on and adopted or ratified with any required revision or M amendment any local administrative procedures and forms of the board,as necessary- Org. Mtg. Agenda Exhibit 11B & Verbatim .\ The VAB local procedures are ministerial in nature and are not inconsistent with governing "' statutes, case law,attorney general opinions or rules of the department- Org. Mtg.Agenda Item 13; Verbatim & VAB Attorney oversees thro ghout VAB session ` wrt T hVAm tBhis discussed general informationities onto Florparticidaipate's propeinthe systemrty tax systemd,respective roles . system,taxpayer opportun , anproperty taxpayer rights—this issue has a separate agenda item, supplemented with additional local Page 2 of 3 informational handouts; this discussion will be reflected in the verbatim record and minutes - Org. Mtg. Agenda Exhibits 11A & 11G; Verbatim b --'F The VAB adopted/ratified, by resolution, any filing fee for petitions for the current VAB (._ \_,),.) session, in an amount not to exceed $15.00 - Org. Mtg. Agenda Exhibit 11D & Verbatim The VAB announced the tentative schedule for the value adjustment board, taking into consideration the number of petitions filed, the possibility of the need to reschedule and the N requirement that the board stay in session until all petitions have been heard - Org. Mtg. Agenda Exhibit 12D & Verbatim I, Holly E. Cosby, Esq., Collier County Value Adjustment Board Attorney, hereby verify the following on July 29, 2019 and July 30, 2019: 1) the above information regarding pre-hearing, pre-organizational and organizational requirements were verified, reviewed and considered, where applicable, on July 29, 2019 and July 30, 2019. 2) the Organizational Meeting for the Collier County 2019-20 VAB Session was held on July 30, 2019, and the above information regarding organizational meeting requirements was verified, reviewed and considered at said meeting, and 3) hearings for the Collier County 2019-20 VAB Session will commence on or after October 11, 2019. r Ho Cosby, Esq. - VAB Counsel I, Holly E. Cosby, Esq., Collier County Value Adjustment Board Attorney, hereby verify the following on July 29, 2019 and July 30, 2019: 1) There are two (2) items above, which could not be verified before or during the organizational meeting, which are: a. All appointed special magistrates have received the DOR training and have completed the same and passed any corresponding exam, and special magistrates with less than five years of required experience successfully completed the DOR's training including any updated modules and an examination, and were certified, and b. Notice has been given to the chief executive officer of each municipality as provided in F.S. §193.116. 2) Item 1(a) could not be verified because the current DOR training became available on July 24, 2019 and it is not reasonable to expect that all special magistrates complete said training in six (6) days from the date the same became available, 3) Item 1(a) will be verified prior to special magistrates holding VAB hearings in Collier County, 4) Item 1(b)could not be verified because no VAB hearings had actually been scheduled prior to the organizational meeting, for such notices to be required. 5) Once the above referenced, unverified items are able to be verified, I will provide the VAB with documentation and verification for the same. I hereby certify that as of October 3, 2019, all remaining items within this compliance checklist were satisfied. 1 h Digitally signed by Holly E.Cosby,Esq. Holly E. Cosby, DN:cn=Holly E.Cosby,Esq.,o=Law Office of Holly E. Cosby, Esq. - VAB Counsel Holly E.Cosby,PA, email=holly@cosbylaw.com,c=US Esq.�' Date:2020.01.13 15:17:50-05'00' Page 3 of 3 INITIAL CERTIFICATION OF DN.R-488P Rule 12D-116002 THE VALUE ADJUSTMENT BOARD Florida Administrative Code 0 Section 193.122, Florida Statutes FLORIDA Tax Roll Year 2019 The Value Adjustment Board of Collier County has not completed its hearings and certifies on order of the Board of County commissioners according to sections 197.323 and 193.122(1), F.S , that the (Check one) (:1 Real Property Tangible Personal Property assessment roll for our county has been presented by the property appraiser to include all property and information required by the statutes of the State of Florida and the requirements and regulations of the Department of Revenue. On behalf of the entire board, I certify that we have ordered this certification to be attached as part of the assessment roll. We will issue a Certification of the Value Adjustment Board (Form DR-488) under section 193.122(1) and (3), F.S., when the hearings are completed. The property appraiser will make all extensions to show the tax attributable to all taxable property under the law. 9 7/30/2019 Signature, Chair of $lue Adj 'ment Board th,,. St US Date DR-488P INITIAL CERTIFICATION OFN.Rule 12D-1 402 THE VALUE ADJUSTMENT BOARD Florida Administrative Code Section 193.122, Florida Statutes FLORIDA Tax Roll Year 2019 The Value Adjustment Board of Collier County has not completed its hearings and certifies on order of the Board of County commissioners according to sections 197.323 and 193.122(1), F.S., that the (Check one.) Real Property i Tangible Personal Property assessment roll for our county has been presented by the property appraiser to include all property and information required by the statutes of the State of Florida and the requirements and regulations of the Department of Revenue. On behalf of the entire board, I certify that we have ordered this certification to be attached as part of the assessment roll. We will issue a Certification of the Value Adjustment Board (Form DR-488) under section 193.122(1) and (3), F.S., when the hearings are completed. The property appraiser will make all extensions to show the tax attributable to all taxable property under the law. OF 7/30/2019 Signature, • r of ' e alue Adj. ment Board (set, Date