What does the Property
Appraiser do?
The Property Appraiser is the elected official constitutionally responsible
for determining the just value of all real and tangible property in the
county. Additionally, the Property Appraiser's Office administers the
various property exemptions and maintains an extensive property information
system available to the public.
What determines Your Property Taxes?
Basically there are two factors that affect the amount of Property Taxes
you pay. They are your property assessment, determined by the Property
Appraiser, the amount of money budgeted to run the county, the school
board, the city in which you live (if any) and any special taxing authorities.
The current Property Appraiser has stated that he has nothing to do with
the amount of Property Taxes you pay and that is not true.
The Property Appraiser determines the percentage of the overall tax burden
that you have to pay.
If the Property Appraiser incorrectly values someone else’s property
too low or value’s yours too high, then you are paying more than
your fair share of Property Taxes, causing you to pay part of someone
else’s taxes.
How Is Property Appraised?
At least once every three years, the Property Appraiser or a staff appraiser
will visit and inspect each property. However, individual property values
may be adjusted between visits in light of sales activity or other factors
affecting real estate values in your neighborhood. Sales of similar properties
are strong indicators of value in the real estate market.
To estimate the value of a property, the Property Appraiser must identify
the properties that have sold, their sale prices and the terms and conditions
of the each sale. Each transaction must be studied to make sure that it
is an arms-length transaction.
An arm's length transaction is a sale involving a willing seller and
a willing buyer without any undue pressure or special incentives (such
as family relationships). An arm's length transaction also means that
the property was on the market for neither an excessive nor short period
of time.
Once this is determined, the property appraiser can base the value of
a property on sales of comparable properties. That is why Property Appraisers
are suppose to maintain an accurate database of real estate information.
This type of evaluation is called Market Approach.
Another method used is the Cost Approach. When this
type of evaluation the Property Appraiser can also evaluate the value
of your property by basing it upon how much it would cost, at current
market rates for material and labor costs, to replace your property. If
your property is not new, the Property Appraiser must determine how the
property has depreciated, if any, and use that depreciation in determining
your property's current value.
The third approach on determining just value is the Income Approach.
This approach comes into play and can be applied along with the preceding
two approaches if you own property that is generally used to provide you
with an income, such as an apartment building, rental office building,
warehouse, or shopping center. In using this approach, the Property Appraiser
must consider such facts as income, vacancies, operating expenses, insurance,
maintenance costs, the degree of financial risk taken in earning income
from your property, and finally, the monetary return one would normally
expect to receive from the property based on typical market rates.
Florida Property Tax Definitions
"Ad valorem tax" means a tax based upon the
assessed value of property. The term "property tax" may be used
interchangeably with the term "ad valorem tax."
"Ad valorem tax roll" means the roll prepared
by the property appraiser and certified to the tax collector for collection.
"Assessed value of property" means an annual
determination of the just or fair market value of an item or property
or the value of the homestead property as limited pursuant to s. 4(c),
Art. VII of the State Constitution or, if a property is assessed solely
on the basis of character or use or at a specified percentage of its value,
pursuant to s. 4(a) or (b), Art. VII of the State Constitution, its classified
use value or fractional value.
"County property appraiser" means the county
officer charged with determining the value of all property within the
county, with maintaining certain records connected therewith, and with
determining the tax on taxable property after taxes have been levied.
He or she shall also be referred to in these statutes as the "property
appraiser" or "appraiser."
"County tax collector" means the county officer
charged with the collection of ad valorem taxes levied by the county,
the school board, any special taxing districts within the county, and
all municipalities within the county.
"Couple" means a husband and wife legally
married under the laws of any state or territorial possession of the United
States or of any foreign country.
"Department" means the Department of Revenue.
"Enterprise zone" means an area designated
as an enterprise zone pursuant to s. 290.0065. This subsection shall stand
repealed on December 31, 2005.
"Extend on the tax roll" means the arithmetic
computation whereby the millage is converted to a decimal number representing
one one-thousandth of a dollar and then multiplied by the taxable value
of the property to determine the tax on such property.
"Exempt use of property" or "use of property
for exempt purposes" means predominant or exclusive use of property
owned by an exempt entity for educational, literary, scientific, religious,
charitable, or governmental purposes, as defined in this chapter.
"Fee timeshare real property" means the land
and buildings and other improvements to land that are subject to timeshare
interests which are sold as a fee interest in real property.
"Governing body" means any board, commission,
council, or individual acting as the executive head of a unit of local
government.
"Homestead" means that property described
in s. 6(a), Art. VII of the State Constitution.
"Levy" means the imposition of a tax, stated
in terms of "millage," against all appropriately located property
by a governmental body authorized by law to impose ad valorem taxes.
"Mill" means one one-thousandth of a United
States dollar.
"Millage" may apply to a single levy of taxes
or to the cumulative of all levies.
"Non-ad valorem assessment roll" means a roll
prepared by a local government and certified to the tax collector for
collection.
"Permanent resident" means a person who has
established a permanent residence as defined in subsection (18).
"Permanent residence" means that place where
a person has his or her true, fixed, and permanent home and principal
establishment to which, whenever absent, he or she has the intention of
returning. A person may have only one permanent residence at a time; and,
once a permanent residence is established in a foreign state or country,
it is presumed to continue until the person shows that a change has occurred.
"Personal property," for the purposes of ad
valorem taxation, shall be divided into four categories as follows:
(a) "Household goods" means wearing apparel, furniture, appliances,
and other items ordinarily found in the home and used for the comfort
of the owner and his or her family. Household goods are not held for commercial
purposes or resale.
(b) "Intangible personal property" means money, all evidences
of debt owed to the taxpayer, all evidences of ownership in a corporation
or other business organization having multiple owners, and all other forms
of property where value is based upon that which the property represents
rather than its own intrinsic value.
(c) "Inventory" means only those chattels consisting of items
commonly referred to as goods, wares, and merchandise (as well as inventory)
which are held for sale or lease to customers in the ordinary course of
business. Supplies and raw materials shall be considered to be inventory
only to the extent that they are acquired for sale or lease to customers
in the ordinary course of business or will physically become a part of
merchandise intended for sale or lease to customers in the ordinary course
of business. Partially finished products which when completed will be
held for sale or lease to customers in the ordinary course of business
shall be deemed items of inventory. All livestock shall be considered
inventory. Items of inventory held for lease to customers in the ordinary
course of business, rather than for sale, shall be deemed inventory only
prior to the initial lease of such items. For the purposes of this section,
fuels used in the production of electricity shall be considered inventory.
(d) "Tangible personal property" means all goods, chattels,
and other articles of value (but does not include the vehicular items
enumerated in s. 1(b), Art. VII of the State Constitution and elsewhere
defined) capable of manual possession and whose chief value is intrinsic
to the article itself. "Construction work in progress" consists
of those items of tangible personal property commonly known as fixtures,
machinery, and equipment when in the process of being installed in new
or expanded improvements to real property and whose value is materially
enhanced upon connection or use with a preexisting, taxable, operational
system or facility. Construction work in progress shall be deemed substantially
completed when connected with the preexisting, taxable, operational system
or facility. Inventory and "Predominant use of property" means
use of property for exempt purposes in excess of 50 percent but less than
exclusive household goods are expressly excluded from this definition.
"Predominant use of property" means use of
property for exempt purposes in excess of 50 percent but less than exclusive.
"Procedure" The property appraiser is the
elected constitutional officer responsible for determining and listing
the value of all property in each county. All questions of assessment
are initially determined by him. If a property owner objects to a proposed
assessment, the owner may appeal to the Value Adjustment Board (VAB) for
that county. The Board consists of three members of the county commission
and two members of the school board. The Board members must employ special
masters to conduct the VAB hearing for them. The Department of Revenue,
Ad Valorem Tax Division, assesses the property of railroad and private
car line companies and certifies the assessed values to the counties.
"Real estate used and owned as a homestead"
means real property to the extent provided in s. 6(a), Art. VII of the
State Constitution, but less any portion thereof used for commercial purposes,
with the title of such property being recorded in the official records
of the county in which the property is located. Property rented for more
than 6 months is presumed to be used for commercial purposes.
"Real property" means land, buildings, fixtures,
and all other improvements to land. The terms "land," "real
estate," "realty," and "real property" may be
used interchangeably. Real property includes all other permanent improvements
on the land and is broadly classified, based on land use, as follows:
a. Single family and multi-family residential, condominiums, cooperatives,
townhouses, time-share developments and mobile homes; Vacant residential
and unimproved acreage; Commercial/Industrial, vacant or improved; and,
Agricultural.
b. By July 1 of each year, the property appraiser must report the just
value of all real property in the county as of January 1. Factors to be
considered in determining just value are: present cash value; use; location;
quantity or size; cost; replacement value of improvements; condition;
income from property; and net proceeds if the property is sold.
c. The tax due for each parcel is calculated by multiplying the taxable
value by the tax rate (millage) levied by the taxing authorities within
that county. The proposed tax bill is mailed to the taxpayer, usually
in August or September. Any timely appeal of the tax assessment shall
be made against this notice. The actual tax bill is mailed to the taxpayer,
usually by November 1. The payment must be made to the tax collector by
April 1 of the following year. There are discounts for early payment and
penalties for delinquency.
"Taxable value" means the assessed value of
property minus the amount of any applicable exemption provided under s.
3 or s. 6, Art. VII of the State Constitution and chapter 196.
"Tax certificate" means a legal document,
representing unpaid delinquent real property taxes, non-ad valorem assessments,
including special assessments, interest, and related costs and charges,
issued in accordance with this chapter against a specific parcel of real
property and becoming a first lien thereon, superior to all other liens,
except as provided by s. 197.573(2).
"Tax notice" means the tax bill sent to taxpayers
for payment of any taxes or special assessments collected pursuant to
this chapter, or the bill sent to taxpayers for payment of the total of
ad valorem taxes and non-ad valorem assessments collected pursuant to
s. 197.3632.
"Tax rate (millage)" is set by the taxing
authority for the governmental unit within which the property is located.
The Florida Constitution directly authorized counties, school districts,
and municipalities to levy ad valorem taxes. It also provides that special
districts may be created and authorized by law to levy ad valorem taxes.
The total tax rate is the combined tax rates (millage's) of all taxing
authorities having jurisdiction over property in the county. That part
of the rate for general county operations and maintenance is constitutionally
limited to a maximum of ten mills and is set by the county commissioners.
The remainder of the county tax rate consists of various referendum-approved
debt service millage for bonds and millage required by state law. Also,
school districts and municipalities are limited to a maximum of ten mills
for operations and maintenance. The Florida Constitution provides that
no state ad valorem tax will be levied. However, each year the legislature
prescribes a required local millage for each school district to provide
revenue for the Florida Education Finance Program. Each special district
tax rate is levied by the district taxing authority against the property
lying within the special district itself. Such districts include hospital,
drainage, and lighting districts. Special districts are usually less than
county-wide; some districts, such as the water management districts, may
cover several counties. Each tax bill consists of the total of all millage
applicable to the particular property. The tax bill also includes the
related taxes due for all the taxing authorities having jurisdiction over
the property.
"Tax receipt" means the paid tax notice.
"Tax rolls" and "assessment rolls"
are synonymous and mean the rolls prepared by the property appraiser pursuant
to chapter 193 and certified pursuant to s. 193.122.
"Taxpayer" means the person or other legal entity in whose
name property is assessed, including an agent of a timeshare period titleholder.
"Timeshare period titleholder" means the purchaser
of a timeshare period sold as a fee interest in real property, whether
organized under chapter 718 or chapter 721.
"Totally and permanently disabled person"
means a person who is currently certified by two licensed physicians of
this state who are professionally unrelated, by the United States Department
of Veterans Affairs or its predecessor, or by the Social Security Administration,
to be totally and permanently disabled.
"Use" means the exercise of any right or power
over real or personal property incident to the ownership of the property.
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