PTO Hearing 11/01/2016 Patricia L. Morgan
From: DORPTO <DORPTO@dor.state.fl.us>
Sent: Monday, October 17, 2016 2:44 PM
To: DORPTO
Subject: Rule Development Workshop on November 1, 2016
The Department of Revenue announces that it will hold a rule development workshop on November 1, 2016, at 10:00
a.m. in Tallahassee for proposed amendments to rule Chapter 12D-9, F.A.C. In response to a Joint Administrative
Procedure Committee (JAPC) staff review,the department is amending the listed rules:
12D-9.007- Role of the Clerk of the Value Adjustment Board
12D-9.015- Petition; Form and Filing Fee
12D-9.019 - Scheduling and Notice of a Hearing
The Property Tax Oversight Program published a Notice of Rule Development in the October 17, 2016, edition of the
of for this rule proceeding (see Vol.42, Number 202, p.4573).The program has posted the
proposed rule amendments on its website at =, under"Chapter
12D-9,VAB."
If you would like to submit a comment before the workshop, please send your comment or question to
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IIS
NOTICE OF RULE DEVELOPMENT
DEPARTMENT OF REVENUE
PROPERTY TAX OVERSIGHT PROGRAM
RULE NO: RULE TITLE:
12D-9.007 Role of the Clerk of the Value Adjustment Board
12D-9.015 Petition;Form and Filing Fee
12D-9.019 Scheduling and Notice of a Hearing
PURPOSE AND EFFECT:In response to a Joint Administrative Procedure Committee(JAPC) staff review,the
Department is amending the listed rules.The proposed amendment to Rule 12D-9.007,F.A.C.,is to remove
subsection(15),which does not meet the definition of a rule based on a JAPC staff finding.The proposed
amendment to Rule 12D-9.015(2)(e),F.A.C.,is to implements. 10 of Chapter 2016-128,L.O.F.,which amended s.
194.032(2),F.S.,removing the requirement of a check box for the petitioner to request a copy of the property record
card on the petition forms. Section 194.032(2)(a),F.S.,instructs the property appraiser,when he or she receives a
petition from the clerk,to provide a copy of the property record card or notify the petitioner the property record card
is available online.The purpose of the proposed amendment to Rule 12D-9.019(5)(b),F.A.C.,is to implement s. 8
of Chapter 2013-109 and s.2 of Chapter 2012-193,L.O.F.,to add amended provisions from Chapter 194,F.S.,and
remove outdated language.This amendment will allow the value adjustment board(VAB)to hear a petition within a
block of time and limit the petitioner's wait time to two hours after the scheduled time for the hearing to commence.
The effect of amending these rules is to have statutorily current procedures for VAB activities and proceedings
available to all interested parties.
SUBJECT AREA TO BE ADDRESSED:The subject area of the proposed rule amendments is addressing JAPC
findings in the value adjustment board proceedings.
Rule text is posted on the Department's website at http://dor.myflorida.com/dor/property/legislation/rules/.
RULEMAKING AUTHORITY: 194.011(5), 194.034(1), 195.027(1),213.06(1)FS.
LAW IMPLEMENTED: 193.155, 194.011, 194.013, 194.015, 194.032, 194.034, 194.035, 194.036, 195.022,
196.151, 197.2425 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN
BELOW:
DATE AND TIME:November 1,2016, 10:00 a.m.
PLACE: Capital Circle Office Complex,Building 1,Room 1220,2450 Shumard Oak Blvd.,Tallahassee,Florida.
The agenda for this hearing will include specific information about how to participate in this electronic meeting and
will be on the Department's website at http://dor.myflorida.com/dor/property/legislation/rules,'.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY
OF THE PRELIMINARY DRAFT,IF AVALIABLE,IS:Mike Cotton,Property Tax Oversight Program,
Department of Revenue,P.O.Box 3000,Tallahassee,Florida 32315-3000,at CottonM(n),dor.state.fl.us or 850-617-
8870.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:Available at no charge from the
contact person listed above.
PUBLIC WORKSHOP AGENDA
Florida Department of Revenue
Property Tax Oversight
November 1, 2016, 10:00 a.m., until all items are discussed
Building 1, Room 1220, Capital Circle Office Complex
2450 Shumard Oak Blvd., Tallahassee, FL
This meeting is open to the public
Agenda Topics—Tuesday, November 1 , 2016
CALL TO ORDER, OPENING REMARKS, MEETING Moderator 5 minutes
PROCEDURES
NEW BUSINESS: Not
Discussion of the following proposed amended rules: All Parties limited
• 12D-9.007, Role of the Clerk of the Value Adjustment Board
• 12D-9.015, Petition; Form and Filing Fee
• 12D-9.019, Scheduling and Notice of a Hearing
CLOSING COMMENTS Moderator 5 minutes
Please send written comments to DORPTOdor.state.fl.us.
Handouts: Workshop agenda and draft rule text as posted on the department's
website at:
http://dor.myflorida.com/dor/property/legislation/rules/
To register for this meeting (if not attending in person) go to the following
link: https://attendee.gotowebinar.com/register/5628522446351548931
•
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Instructions for Joining
You can join this meeting by:
• Attending in person or;
• Using your computer for a Webinar broadcast(a"virtual meeting").
• To attend the virtual meetings, you must register on the Internet before the meeting.
Register with the following link before the meeting:
https://attendee.gotowebinar.com/register/5628522446351.548931
• Enter your name, contact information and click Register at the bottom of the screen.
• Once you register, a link with instructions to attend the meeting will be sent to the e-mail
address you provided. Your registration ID link is unique to your e-mail.
• IMPORTANT: Save this e-mail electronically—the link is complex—if you save the e-
mail you can just open it and click on the link on the day of the meeting.
• To register additional persons, complete a separate registration at the link above.
• Attendees using Webinar broadcast have 3 options:
1. Telephone with AUDIO PIN—allows you to speak at the meeting. (All calls are muted.
If you wish to ask a question or make a comment, email your request to
DORPTO(a dor.state.fl.us and wait your turn to speak.)
2. Telephone with NO AUDIO PIN—Listen Only. Email your questions or comments to
DORPTO dador.state.fl.us. In the Subject line, use "November 1 Public Workshop."All
emails will be read aloud and entered into the transcript.
3. Computer with mic and speakers allows you to speak at the meeting. Raise your hand
using the Webinar Control and wait your turn.
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What Happens During the Meeting?
The meeting will be recorded and a court reporter will be in attendance for creation of an official
transcript. The transcript will be posted to our web site and available approximately fifteen days
after the conclusion of the meeting.
After you join the session:
• You will hear the meeting moderator:
• Welcome everyone;
• Explain the purpose of the meeting; and,
• Have Department staff that is present introduce themselves.
• Then, the meeting moderator will ask for public comments and questions for each agenda
item—after an item is announced, everyone has an opportunity to share comments or
questions on it;
• After finishing the agenda,the moderator will:
• Establish a time period for the submission of additional comments and questions; and,
• Explain how to submit comments and questions.
• End the meeting when the agenda is completed and all comments are heard.
For Technical Support:
If you have problems accessing the registration, contact Mike Cotton by email at
CottonM(a,dor.state.fl.us or by phone at 850-617-8870.
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STATE OF FLORIDA
DEPARTMENT OF REVENUE
PROPERTY TAX OVERSIGHT PROGRAM
CHAPTER 12D-9,FLORIDA ADMINISTRATIVE CODE
REQUIREMENTS FOR VALUE ADJUSTMENT BOARDS IN
ADMINISTRATIVE REVIEWS;UNIFORM RULES OF PROCEDURE
FOR HEARINGS BEFORE VALUE ADJUSTMENT BOARDS
AMENDING RULES 12D-9.007, 12D-9.015,AND 12D-9.019 :.
12D-9.007 Role of the Clerk of the Value Adjustment Board.
(1)Through(14)No Change.
Ian:
Rulemaking Authority 194.011(5), 194.034(1), 195.027(1), 213.06(1)FS.Law Implemented 194.011,
194.013, 194.015, 194.032, 194.034, 194.035, 194.036, 195.022 FS. History New 3-30-10,Amended 6-
14-16,xx-xx-xx.
12D-9.015'Petition,Form and Filing Fee.
(1)No change.
(2)(a)Through(d)No change.
(e)Contain a statement that the petitioner has the right,regardless of whether the petitioner initiates
the evidence exchange,to receive from the property appraiser a copy of the property record card
containing information relevant to the computation of the current assessment,with confidential
information redacted,along with a statement that when the property appraiser receives the petition,the
property appraiser will either send the property record card to the petitioner or notify the petitioner how to
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obtain the property record card online. ' •• • - •_ .. - •• -• • •- - - _ - .
pret'eft'frem
(f)Through(h)No change.
(3)Through(14)No change.
Rulemaking Authority 194.011(5), 194.034(1), 195.027(1), 213.06(1)FS. Law Implemented 193.155,
194.011, 194.013, 194.032, 194.034, 194.036, 195.022, 196.151, 197.2425 FS.History—New 3-30-10,
Amended 11-1-12, 6-14-16 xx-xx-xx.
12D-9.019 Scheduling and Notice of a Hearing.
(1)through(4)No change.
(5)(a)If a petitioner's hearing does not commence as scheduled,the board clerk is authorized to
reschedule the hearing- : •- .• -• - - - • - - •- • - .
(b)In no event shall a petitioner be required to wait more than a reasonable time after€Fem the
scheduled time to be heard or, if the petition has been scheduled to be heard within a block of time,after
the beginning of the block of time. • - - ••• -•• . 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 boarder 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 •• .. - . _ • - - --
reschedule the petitioner's hearing-A reasonable time must not exceed two hours.After two hours,the
petitioner has the right to inform the board chairperson,or the clerk as board designee,that he or she
intends to leave. If the petitioner chooses to leave,the petitioner must first inform the board chairperson
or clerk that he or she intends to leave.The clerk must not list the petitioner as a no show. If the hearing
does not commence within two hours and the petitioner leaves,the clerk must reschedule the hearing_
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(c)A petitioner is not required to wait any length of time as a prerequisite to filing an action in circuit
court.
(6)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 FS.History New 3-30-10,Amended 9-26-11, 6-14-16 Section 15,
Chapter 2016-128,Laws of Florida, 7-1-16 xx-xx-xx.
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