197.3073 Deferral application. - Florida Statutes

197.3073 Deferral application.

   (1) The application for a deferral of ad valorem taxes and non-ad valorem assessments must be made annually upon a form prescribed by the department and furnished by the county tax collector. The application form must be signed under oath by the property owner applying for the deferral before an officer authorized by the state to administer oaths. The application form must provide notice to the property owner of the manner in which interest is computed. The application form must contain an explanation of the conditions to be met for approval of the deferral and the conditions under which deferred taxes, non-ad valorem assessments, and interest become due, payable, and delinquent. Each application must clearly state that all deferrals pursuant to this section constitute a lien on the property for which the deferral is granted. The tax collector may require the property owner to submit any other evidence and documentation considered necessary by the tax collector in reviewing the application.

   (2) The tax collector shall consider and render his or her findings, determinations, and decision on each annual application for a deferral for affordable rental housing within 45 days after the date the application is filed. The tax collector shall exercise reasonable discretion based upon applicable information available under this section. The determinations and findings of the tax collector are not quasi-judicial and are subject exclusively to review by the value adjustment board as provided by this section. A tax collector who finds that a property owner is entitled to the deferral shall approve the application and file the application in the permanent records.

   (a) A tax collector who finds that a property owner is not entitled to the deferral shall send a notice of disapproval within 45 days after the date the application is filed, giving reasons for the disapproval. The notice must be sent by personal delivery or registered mail to the mailing address given by the property owner in the manner in which the original notice was served upon the property owner and must be filed among the permanent records of the tax collector’s office. The original notice of disapproval sent to the property owner shall advise the property owner of the right to appeal the decision of the tax collector to the value adjustment board and provide the procedures for filing an appeal.

   (b) An appeal by the property owner of the decision of the tax collector to deny the deferral must be submitted to the value adjustment board on a form prescribed by the department and furnished by the tax collector. The appeal must be filed with the value adjustment board within 20 days after the applicant’s receipt of the notice of disapproval, and the board must approve or disapprove the appeal within 30 days after receipt of the appeal. The value adjustment board shall review the application and the evidence presented to the tax collector upon which the property owner based a claim for deferral and, at the election of the property owner, shall hear the property owner in person, or by agent on the property owner’s behalf, concerning his or her right to the deferral. The value adjustment board shall reverse the decision of the tax collector and grant a deferral to the property owner if, in its judgment, the property owner is entitled to the deferral or shall affirm the decision of the tax collector. Action by the value adjustment board is final unless the property owner or tax collector or other lienholder, within 15 days after the date of disapproval of the application by the board, files for a de novo proceeding for a declaratory judgment or other appropriate proceeding in the circuit court of the county in which the property is located.

   (3) Each application for deferral must contain a list of, and the current value of, all outstanding liens on the property for which a deferral is requested.

   (4) For approved applications, the date the deferral application is received by the tax collector shall be the date used in calculating taxes due and payable at the expiration of the tax deferral net of discounts for early payment.

   (5) If proof has not been furnished with a prior application, each property owner shall furnish proof of fire and extended coverage insurance in an amount that is in excess of the sum of all outstanding liens including a lien for the deferred taxes, non-ad valorem assessments, and interest with a loss payable clause to the county tax collector.

   (6) The tax collector shall notify the property appraiser in writing of those parcels for which taxes or assessments have been deferred.

   (7) The property appraiser shall promptly notify the tax collector of changes in ownership or use of properties that have been granted a deferral.

   (8) The property owner shall promptly notify the tax collector of changes in ownership or use of properties that have been granted tax deferrals.

History. s. 6, ch. 2007-198.