Florida Statutes

Fla. Stat. § 194.034 (2025)

Hearing procedures; rules.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

194.034 Hearing procedures; rules.—

(1)(a) Petitioners before the board may be represented by an employee of the taxpayer or an affiliated entity, an attorney who is a member of The Florida Bar, a real estate appraiser licensed under chapter 475, a real estate broker licensed under chapter 475, or a certified public accountant licensed under chapter 473, retained by the taxpayer. Such person may present testimony and other evidence.

(b) A petitioner before the board may also be represented by a person with a power of attorney to act on the taxpayer’s behalf. Such person may present testimony and other evidence. The power of attorney must conform to the requirements of part II of chapter 709, is valid only to represent a single petitioner in a single assessment year, and must identify the parcels for which the taxpayer has granted the person the authority to represent the taxpayer. The Department of Revenue shall adopt a form that meets the requirements of this paragraph. However, a petitioner is not required to use the department’s form to grant the power of attorney.

(c) A petitioner before the board may also be represented by a person with written authorization to act on the taxpayer’s behalf, for which such person receives no compensation. Such person may present testimony and other evidence. The written authorization is valid only to represent a single petitioner in a single assessment year and must identify the parcels for which the taxpayer authorizes the person to represent the taxpayer. The Department of Revenue shall adopt a form that meets the requirements of this paragraph. However, a petitioner is not required to use the department’s form to grant the authorization.

(d) The property appraiser or his or her authorized representatives may be represented by an attorney in defending the property appraiser’s assessment or opposing an exemption and may present testimony and other evidence.

(e) The property appraiser, each petitioner, and all witnesses shall be required, upon the request of either party, to testify under oath as administered by the chair of the board. Hearings shall be conducted in the manner prescribed by rules of the department, which rules shall include the right of cross-examination of any witness.

(f) Nothing herein shall preclude an aggrieved taxpayer from contesting his or her assessment in the manner provided by s. 194.171, regardless of whether he or she has initiated an action pursuant to s. 194.011.

(g) The rules shall provide that no evidence shall be considered by the board except when presented during the time scheduled for the petitioner’s hearing or at a time when the petitioner has been given reasonable notice; that a verbatim record of the proceedings shall be made, and proof of any documentary evidence presented shall be preserved and made available to the Department of Revenue, if requested; and that further judicial proceedings shall be as provided in s. 194.036.

(h) Notwithstanding the provisions of this subsection, a petitioner may not present for consideration, and a board or special magistrate may not accept for consideration, testimony or other evidentiary materials that were requested of the petitioner in writing by the property appraiser of which the petitioner had knowledge but denied to the property appraiser.

(i) Chapter 120 does not apply to hearings of the value adjustment board.

(j) An assessment may not be contested unless a return as required by s. 193.052 was timely filed. For purposes of this paragraph, the term “timely filed” means filed by the deadline established in s. 193.062 or before the expiration of any extension granted under s. 193.063. If notice is mailed pursuant to s. 193.073(1)(a), a complete return must be submitted under s. 193.073(1)(a) for the assessment to be contested.

(2) In each case, except if the complaint is withdrawn by the petitioner or if the complaint is acknowledged as correct by the property appraiser, the value adjustment board shall render a written decision. All such decisions shall be issued within 20 calendar days after the last day the board is in session under s. 194.032. The decision of the board must contain findings of fact and conclusions of law and must include reasons for upholding or overturning the determination of the property appraiser. Findings of fact must be based on admitted evidence or a lack thereof. If a special magistrate has been appointed, the recommendations of the special magistrate shall be considered by the board. The clerk, upon issuance of a decision, shall, on a form provided by the Department of Revenue, notify each taxpayer and the property appraiser of the decision of the board. This notification shall be by first-class mail or by electronic means if selected by the taxpayer on the originally filed petition. If requested by the Department of Revenue, the clerk shall provide to the department a copy of the decision or information relating to the tax impact of the findings and results of the board as described in s. 194.037 in the manner and form requested.

(3) Appearance before an advisory board or agency created by the county may not be required as a prerequisite condition to appearing before the value adjustment board.

(4) A condominium homeowners’ association may appear before the board to present testimony and evidence regarding the assessment of condominium units which the association represents. Such testimony and evidence shall be considered by the board with respect to hearing petitions filed by individual condominium unit owners, unless the owner requests otherwise.

(5) For the purposes of review of a petition, the board may consider assessments among comparable properties within homogeneous areas or neighborhoods.

(6) For purposes of hearing joint petitions filed pursuant to s. 194.011(3)(e), each included parcel shall be considered by the board as a separate petition. Such separate petitions shall be heard consecutively by the board. If a special magistrate is appointed, such separate petitions shall all be assigned to the same special magistrate.

History.—s. 21, ch. 83-204; s. 12, ch. 83-216; s. 3, ch. 86-175; s. 147, ch. 91-112; s. 2, ch. 92-32; s. 980, ch. 95-147; s. 71, ch. 2004-11; s. 2, ch. 2011-181; s. 12, ch. 2012-193; s. 4, ch. 2013-192; s. 11, ch. 2016-128.

Notes of Decisions

Cited in 11 cases, 1985–2019 · leading case: Crossings at Fleming Island Cmty. Dev. Dist. v. Echeverri, 991 So. 2d 793 (Fla. 2008).

Sort: Relevance Newest Treatment

Crossings at Fleming Island Cmty. Dev. Dist. v. Echeverri, 991 So. 2d 793 (Fla. 2008). · cites it 2× “Section 194.034(b), Florida Statutes (1999), which outlines procedures for value adjustment board hearings, provides that "[n]othing herein shall preclude an aggrieved taxpayer from contesting [in circuit court] his or her assessment in the manner provided by s.”

Wal-Mart Stores, Inc. v. Day, 742 So. 2d 408 (Fla. 5th DCA 1999). · cites it 4× “The court observes that section 194.034(2), Florida Statutes (1997), provides a 20-day time period for the VAB to mail its written notice and that the notice in the instant case was timely mailed within that time period.”

Balmoral Condo. Ass'n v. Bystrom, 15 Fla. Supp. 2d 34 (Fla. Cir. Ct. 1985). · cites it 4× “As presently codified, Section 194.034(5), Florida Statutes (1983), provides: For the purposes of review of a [property appraisal adjustment board] petition, the board may consider assessments among comparable properties within homogeneous areas or neighborhoods.”

High Point Condo. Resorts v. Day, 494 So. 2d 508 (Fla. 5th DCA 1986). · cites it 2× “Other real property owners, as taxpayers on the assessment roll and entitled to petition the property appraisal adjustment board, are also entitled to be notified by first-class mail of the board decision (§ 194.034(2), Fla. Stat.) time-share owners are not.”

Seitlin v. Bystrom, 514 So. 2d 368 (Fla. 3d DCA 1987). · cites it 2× “(2) In each case, except when a complaint is withdrawn by the petitioner or is acknowledged as correct by the property appraiser, the property appraisal adjustment board shall render a written decision.”

Edward A. Crapo, in his capacity as Alachua Cnty. Prop. Appraiser v. Academy for Five Element Acupuncture, Inc., a Florida Non-Profit Corp. (Fla. 1st DCA 2019). · cites it 5× “ent year or in any previous year; (l) The right to have evidence presented and considered at a public hearing or at a time when the petitioner has been given reasonable notice; (m) The right to have witnesses sworn and to cross-examine the witnesses; (n) The right to be issued a…”

Palm Beach Gardens Cmty. Hosp., Inc. v. Nikolits, 754 So. 2d 729 (Fla. 4th DCA 1999). · cites it 8× “Section 194.034(2), Florida Statutes (1997), provides for hearing procedures and rules.”

In re 1988 Dade Cnty. Prop. Appraisal Adjustment Bd., 43 Fla. Supp. 2d 193 (Fla. Dep't Rev. 1990). · cites it 5× “By the provisions of § 194.034 and § 194.036(l)(c), the Department of Revenue, on November 2, 1989, wrote the clerk of the PAAB advising it of the Property Appraiser’s assertion of violations of the law by the PAAB and of the PAAB’s duties under § 194.”

City of Fernandina Beach v. Page, 682 So. 2d 573 (Fla. 1st DCA 1996). · cites it 2× “The “taxpayer” is required to receive a copy of the decision of a value adjustment board, section 194.034(2), Florida Statutes (1995), and it is undisputed that the taxpayer here, the City, received a copy of the Board’s decision.”

Certain Balmoral Condo. Unit Owners v. Bystrom, 17 Fla. Supp. 2d 88 (Fla. Cir. Ct. 1986). “032(11), Florida Statutes (1981) [renumbered § 194.034(5), Florida Statutes (1983)], provides: For the purposes of review of a [property appraisal adjustment board] petition, the board may consider assessments among comparable properties within homogeneous areas or neighborhoods.”

Palm Springs Mile Assocs., Ltd. v. Robbins, 43 Fla. Supp. 2d 158 (Fla. Cir. Ct. 1989). “”); with § 194.034(l)(b) (“Nothing herein shall preclude an aggrieved taxpayer from contesting his assessment in the manner provided by §194.”

— 194.034(1)(i) — 1 case

Edward A. Crapo, in his capacity as Alachua Cnty. Prop. Appraiser v. Academy for Five Element Acupuncture, Inc., a Florida Non-Profit Corp. (Fla. 1st DCA 2019). “ent year or in any previous year; (l) The right to have evidence presented and considered at a public hearing or at a time when the petitioner has been given reasonable notice; (m) The right to have witnesses sworn and to cross-examine the witnesses; (n) The right to be issued a…”

— 194.034(2) — 5 cases

Wal-Mart Stores, Inc. v. Day, 742 So. 2d 408 (Fla. 5th DCA 1999). “The court observes that section 194.034(2), Florida Statutes (1997), provides a 20-day time period for the VAB to mail its written notice and that the notice in the instant case was timely mailed within that time period.”

High Point Condo. Resorts v. Day, 494 So. 2d 508 (Fla. 5th DCA 1986). “Other real property owners, as taxpayers on the assessment roll and entitled to petition the property appraisal adjustment board, are also entitled to be notified by first-class mail of the board decision (§ 194.034(2), Fla. Stat.) time-share owners are not.”

Seitlin v. Bystrom, 514 So. 2d 368 (Fla. 3d DCA 1987). “(2) In each case, except when a complaint is withdrawn by the petitioner or is acknowledged as correct by the property appraiser, the property appraisal adjustment board shall render a written decision.”

Palm Beach Gardens Cmty. Hosp., Inc. v. Nikolits, 754 So. 2d 729 (Fla. 4th DCA 1999). “Section 194.034(2), Florida Statutes (1997), provides for hearing procedures and rules.”

City of Fernandina Beach v. Page, 682 So. 2d 573 (Fla. 1st DCA 1996). “The “taxpayer” is required to receive a copy of the decision of a value adjustment board, section 194.034(2), Florida Statutes (1995), and it is undisputed that the taxpayer here, the City, received a copy of the Board’s decision.”

— 194.034(5) — 2 cases

Balmoral Condo. Ass'n v. Bystrom, 15 Fla. Supp. 2d 34 (Fla. Cir. Ct. 1985). “As presently codified, Section 194.034(5), Florida Statutes (1983), provides: For the purposes of review of a [property appraisal adjustment board] petition, the board may consider assessments among comparable properties within homogeneous areas or neighborhoods.”

— 194.034(b) — 1 case

Crossings at Fleming Island Cmty. Dev. Dist. v. Echeverri, 991 So. 2d 793 (Fla. 2008). “Section 194.034(b), Florida Statutes (1999), which outlines procedures for value adjustment board hearings, provides that "[n]othing herein shall preclude an aggrieved taxpayer from contesting [in circuit court] his or her assessment in the manner provided by s.”

— 194.034(l)(b) — 1 case

— 194.034(l)(c) — 1 case

In re 1988 Dade Cnty. Prop. Appraisal Adjustment Bd., 43 Fla. Supp. 2d 193 (Fla. Dep't Rev. 1990). “By the provisions of § 194.034 and § 194.036(l)(c), the Department of Revenue, on November 2, 1989, wrote the clerk of the PAAB advising it of the Property Appraiser’s assertion of violations of the law by the PAAB and of the PAAB’s duties under § 194.”

— 194.034(l)(d) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.