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Florida Statute 194.032 | Lawyer Caselaw & Research
F.S. 194.032 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE
Chapter 194
ADMINISTRATIVE AND JUDICIAL REVIEW OF PROPERTY TAXES
View Entire Chapter
F.S. 194.032
194.032 Hearing purposes; timetable.
(1)(a) The value adjustment board shall meet not earlier than 30 days and not later than 60 days after the mailing of the notice provided in s. 194.011(1); however, no board hearing shall be held before approval of all or any part of the assessment rolls by the Department of Revenue. The board shall meet for the following purposes:
1. Hearing petitions relating to assessments filed pursuant to s. 194.011(3).
2. Hearing complaints relating to homestead exemptions as provided for under s. 196.151.
3. Hearing appeals from exemptions denied, or disputes arising from exemptions granted, upon the filing of exemption applications under s. 196.011.
4. Hearing appeals concerning ad valorem tax deferrals and classifications.
5. Hearing appeals from determinations that a change of ownership under s. 193.155(3), a change of ownership or control under s. 193.1554(5) or s. 193.1555(5), or a qualifying improvement under s. 193.1555(5) has occurred.
1(b) Notwithstanding the provisions of paragraph (a), the value adjustment board may meet prior to the approval of the assessment rolls by the Department of Revenue, but not earlier than July 1, to hear appeals pertaining to the denial by the property appraiser of exemptions, tax abatements under s. 197.3195, tax refunds under ss. 197.3181 and 197.319, agricultural and high-water recharge classifications, classifications as historic property used for commercial or certain nonprofit purposes, and deferrals under subparagraphs (a)2., 3., and 4. In such event, however, the board may not certify any assessments under s. 193.122 until the Department of Revenue has approved the assessments in accordance with s. 193.1142 and all hearings have been held with respect to the particular parcel under appeal.
(c) In no event may a hearing be held pursuant to this subsection relative to valuation issues prior to completion of the hearings required under s. 200.065(2)(c).
(2)(a) The clerk of the governing body of the county shall prepare a schedule of appearances before the board based on petitions timely filed with him or her. The clerk shall notify each petitioner of the scheduled time of his or her appearance at least 25 calendar days before the day of the scheduled appearance. The notice must indicate whether the petition has been scheduled to be heard at a particular time or during a block of time. If the petition has been scheduled to be heard within a block of time, the beginning and ending of that block of time must be indicated on the notice; however, as provided in paragraph (b), a petitioner may not be required to wait for more than a reasonable time, not to exceed 2 hours, after the beginning of the block of time. The property appraiser must provide a copy of the property record card containing information relevant to the computation of the current assessment, with confidential information redacted, to the petitioner upon receipt of the petition from the clerk regardless of whether the petitioner initiates evidence exchange, unless the property record card is available online from the property appraiser, in which case the property appraiser must notify the petitioner that the property record card is available online. The petitioner and the property appraiser may each reschedule the hearing a single time for good cause. As used in this paragraph, the term “good cause” means circumstances beyond the control of the person seeking to reschedule the hearing which reasonably prevent the party from having adequate representation at the hearing. If the hearing is rescheduled by the petitioner or the property appraiser, the clerk shall notify the petitioner of the rescheduled time of his or her appearance at least 15 calendar days before the day of the rescheduled appearance, unless this notice is waived by both parties.
(b) A petitioner may not be required to wait for more than a reasonable time, not to exceed 2 hours, after the scheduled time for the hearing to commence. If the hearing is not commenced within that time, the petitioner may inform the chairperson of the meeting that he or she intends to leave. If the petitioner leaves, the clerk shall reschedule the hearing, and the rescheduling is not considered to be a request to reschedule as provided in paragraph (a).
(c) Failure on three occasions with respect to any single tax year to convene at the scheduled time of meetings of the board is grounds for removal from office by the Governor for neglect of duties.
(3) The board shall remain in session from day to day until all petitions, complaints, appeals, and disputes are heard. If all or any part of an assessment roll has been disapproved by the department pursuant to s. 193.1142, the board shall reconvene to hear petitions, complaints, or appeals and disputes filed upon the finally approved roll or part of a roll.
History.s. 4, ch. 69-140; ss. 21, 35, ch. 69-106; s. 27, ch. 70-243; s. 12, ch. 73-172; s. 6, ch. 74-234; s. 7, ch. 76-133; s. 3, ch. 76-234; s. 1, ch. 77-174; s. 13, ch. 77-301; ss. 1, 9, 37, ch. 80-274; s. 5, ch. 81-308; ss. 14, 16, ch. 82-208; ss. 9, 11, 23, 26, 80, ch. 82-226; ss. 20, 21, 22, 23, 24, 25, ch. 83-204; s. 146, ch. 91-112; s. 979, ch. 95-147; s. 5, ch. 96-204; s. 4, ch. 97-117; s. 2, ch. 98-52; s. 3, ch. 2002-18; s. 2, ch. 2004-349; s. 11, ch. 2012-193; s. 8, ch. 2013-109; s. 10, ch. 2016-128; s. 14, ch. 2018-118; s. 35, ch. 2022-5; s. 4, ch. 2022-97; s. 2, ch. 2022-272.
1Note.Section 7, ch. 2022-272, provides that “[t]he Department of Revenue may, and all conditions are deemed met to, adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, to administer the creation of ss. 197.3181 and 197.3182, Florida Statutes, and the amendment made to s. 194.032, Florida Statutes, by this act. Notwithstanding any other law, emergency rules adopted pursuant to this section are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules. This section expires July 1, 2024.”

F.S. 194.032 on Google Scholar

F.S. 194.032 on Casetext

Amendments to 194.032


Arrestable Offenses / Crimes under Fla. Stat. 194.032
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 194.032.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, v. ECHEVERRI,, 991 So. 2d 793 (Fla. 2008)

. . . .; see also §§ 194.032, 194.062, Fla. Stat. (1969). . . . More significantly, that same year the Legislature amended section 194.032, Florida Statutes, to provide . . . Newly created subsection 194.032(6) provided that a taxpayer could file an action in the circuit court . . . section 194.181(1) to include an appraiser appealing from a decision of the board pursuant to section 194.032 . . . to as an “appeal" of the board’s decision, actions brought in the circuit court pursuant to section 194.032 . . .

ALLEN, v. A. BUTTERWORTH, v. A. v., 756 So. 2d 52 (Fla. 2000)

. . . action in circuit court seeking to enjoin the Board from enforcing its decision, pursuant to section 194.032 . . . On appeal, this Court ruled that the proceeding established by section 194.032(6) was not an appellate . . . See id. at 1287 (“[Section 194.032(6)(a) ] clearly contemplates that in-junctive relief shall be sought . . .

PALM BEACH GARDENS COMMUNITY HOSPITAL, INC. a v. NIKOLITS, K. H., 754 So. 2d 729 (Fla. Dist. Ct. App. 1999)

. . . decisions shall be issued within '20 calendar days of the last day the board is in session under s. 194.032 . . .

WAL- MART STORES, INC. v. M. DAY,, 742 So. 2d 408 (Fla. Dist. Ct. App. 1999)

. . . Said certificate indicates that “all hearings required by s. 194.032, Florida Statutes, have been held . . . VAB to mail its written decision within 20 days of the last day the board is in session under section 194.032 . . .

R. NIKOLITS, K. H. v. S. BALLINGER, A. THE WYNNE, 736 So. 2d 1253 (Fla. Dist. Ct. App. 1999)

. . . Under section 194.032(l)(b), “the value adjustment board may meet prior to the approval of the assessment . . .

MARKHAM, v. W. MORIARTY,, 575 So. 2d 1307 (Fla. Dist. Ct. App. 1991)

. . . county commissioners pursuant to s. 197.323, if applicable, and again after all hearings required by s. 194.032 . . .

SEITLIN, v. B. BYSTROM,, 514 So. 2d 368 (Fla. Dist. Ct. App. 1987)

. . . decisions shall be issued within 20 calendar days of the last day the board is in session under s. 194.032 . . .

BYSTROM, v. MOSES,, 23 Fla. Supp. 2d 49 (Fla. Cir. Ct. 1987)

. . . Pursuant to § 194.032(6)(a)(l) and (2), Fla. . . .

B. BYSTROM, v. FLORIDA ROCK INDUSTRIES, INC., 502 So. 2d 35 (Fla. Dist. Ct. App. 1987)

. . . An appeal of a property appraisal adjustment board decision pursuant to section 194.032(6)(a) 1. or 2 . . .

HIGH POINT CONDOMINIUM RESORTS, LTD. v. DAY,, 494 So. 2d 508 (Fla. Dist. Ct. App. 1986)

. . . assessment roll, are entitled to petition the property appraisal adjustment board (§§ 194.011(3), 194.013, 194.032 . . .

CERTAIN BALMORAL CONDOMINIUM UNIT OWNERS v. BYSTROM,, 17 Fla. Supp. 2d 88 (Fla. Cir. Ct. 1986)

. . . As codified, § 194.032(11), Florida Statutes (1981) [renumbered § 194.034(5), Florida Statutes (1983) . . . Interpretation and application of § 194.032(11), Florida Statutes (1981), by the PAAB as a provision . . . Section 194.032(11), Florida Statutes (1981), does not authorize the PAAB or the courts to equalize assessments . . . Assuming arguendo that § 194.032(11) creates an equalization or equal protection cause of action in favor . . . Reid, 396 So.2d 1182 (Fla. 4th DCA 1981); § 194.032(11) Florida Statutes (1981). . . .

F. REDFORD, Jr. G. B. B. v. DEPARTMENT OF REVENUE,, 478 So. 2d 808 (Fla. 1985)

. . . position and forwarded the corrected assessment rolls to the board for hearings in accordance with section 194.032 . . . requested that the appraiser appeal the board’s decisions in accordance with sections 193.122(2) and 194.032 . . . Under section 194.032(l)(c), the board may hear appeals from taxpayers on exemptions which the appraiser . . . The procedures set forth in section 194.032 contemplate that there will be adversary parties before the . . . Petitioners urge that the department had no authority to bring this action under sections 194.032(6) . . .

B. BYSTROM, v. UNION LAND INVESTMENTS, INC., 477 So. 2d 585 (Fla. Dist. Ct. App. 1985)

. . . Section 194.032(6)(c), Florida Statutes (1981) provides: “The circuit court proceeding shall be de novo . . . Blake, 416 So.2d 2 (Fla. 3d DCA 1982); § 194.032(6)(c), Fla.Stat. (1981). . . . The Property Appraiser filed an action pursuant to Section 194.032(6)(a) 1. and 2., Florida Statutes . . .

MILLER, v. C. NOLTE,, 453 So. 2d 397 (Fla. 1984)

. . . appraisal adjustment board had failed to timely perform a duty it owed to the taxpayer under section 194.032 . . . [T]he legislature made it clear in section 194.032 that the taxpayer is entitled to notification of the . . . When the taxpayer has not been provided with a written decision of the board complying with section 194.032 . . .

B. BYSTROM, v. FLORIDA ROCK INDUSTRIES, INC., 452 So. 2d 1053 (Fla. Dist. Ct. App. 1984)

. . . and (4), Florida Statutes (1981) as requiring that the PAAB conduct all hearings required by Section 194.032 . . . property appraisal adjustment board shall certify each assessment roll after all hearings required by s. 194.032 . . . collector even though there are parcels subject to judicial or administrative review pursuant to paragraph 194.032 . . .

TAX ADJUSTMENT EXPERTS OF FLORIDA, INC. v. BRINKER,, 12 Fla. Supp. 2d 34 (Fla. Cir. Ct. 1984)

. . . The relevant statute, Section 194.032(2), Florida Statutes, requires the Clerk of the Board of County . . . The Court therefore considers Section 194.032(2), Florida Statutes, to require the Defendants to provide . . . Since these records fall within the provisions of Section 194.032, F.S., they should have been provided . . .

E. REDFORD, Jr. G. B. B. v. STATE DEPARTMENT OF REVENUE,, 452 So. 2d 961 (Fla. Dist. Ct. App. 1984)

. . . . §§ 194.032 & 196.194, Fla. Stat. (1977). . . .

GREENS OF INVERRARY CONDOMINIUM ASSOCIATION PHASE I, INC. v. JOHNSON,, 445 So. 2d 1096 (Fla. Dist. Ct. App. 1984)

. . . 194.011, Florida Statutes (1981)) or at a hearing before the Property Appraisal Adjustment Board (Section 194.032 . . .

MILLER, v. C. NOLTE,, 427 So. 2d 248 (Fla. Dist. Ct. App. 1983)

. . . Section 194.032(5), Florida Statutes (1981), requires that “[t]he decision of the board shall contain . . .

STATE DEPARTMENT OF REVENUE, v. MARKHAM,, 426 So. 2d 555 (Fla. Dist. Ct. App. 1982)

. . . before the Board could be considered an impediment rather than as an avenue of relief, and section 194.032 . . .

MUSS d b a a v. A. H. BLAKE, L., 416 So. 2d 2 (Fla. Dist. Ct. App. 1982)

. . . The Property Appraiser, as the initiator of the de novo proceeding in the Circuit Court, see Section 194.032 . . .

ST. JOE PAPER COMPANY B. v. METROPOLITAN DADE COUNTY, a A. H. B. W. Jr. L., 418 So. 2d 1013 (Fla. Dist. Ct. App. 1982)

. . . alter the circuit court’s jurisdiction in this respect, but actually affirms it by providing in section 194.032 . . . Secs. 194.032(3) and 194.171, Fla.Stat. (1979); Bystrom v. . . . Strickland, which construed Chapter 194 prior to the 1974 amendment which added the language in section 194.032 . . .

A. H. BLAKE, L. v. OCEANCOAST CORPORATION d b a a, 417 So. 2d 1002 (Fla. Dist. Ct. App. 1982)

. . . Property Appraisal Adjustment Board, supra, involved a Property Appraiser’s action under Section 194.032 . . .

F. B. BYSTROM, v. EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES, a a, 416 So. 2d 1133 (Fla. Dist. Ct. App. 1982)

. . . heard at the administrative level of the Board without undertaking, as he initially might, see Sections 194.032 . . . again, the variance from the property appraiser’s assessed value is within the parameters of Section 194.032 . . . appraiser may not counterclaim in the taxpayer’s action unless the threshold percentages of Section 194.032 . . . See § 194.032(6)(a)2 (allowing the appraiser to bring an action only where the Board has reduced the . . . Revenue, challenged the Board’s reduced valuation by filing suit in the circuit court pursuant to Section 194.032 . . . Section 194.032(6)(c), Florida Statutes (1977) places the burden of proof upon the initiator of the action . . . As previously observed, the burden of proof is upon the party initiating the action. § 194.032(6)(c), . . . final judgment appealed from is reversed and remanded for proceedings not inconsistent herewith. . 194.032 . . . See §§ 194.032(3) and 194.-171, Fla.Stat. (1977). . . .

A. HIGGS, v. PROPERTY APPRAISAL ADJUSTMENT BOARD OF MONROE COUNTY,, 411 So. 2d 307 (Fla. Dist. Ct. App. 1982)

. . . This law suit was brought pursuant to Section 194.032(6)(a)(3), Florida Statutes (1977), which also provides . . . Section 194.032(6)(a)(3)(c), Florida Statutes (1977). . . . trial court denying the Property Appraiser in-junctive and other relief sought pursuant to Section 194.032 . . . the law or administrative rules in that the Board’s “written decisions” did not comply with Section 194.032 . . . Administrative Code Rule 12D-10.-03(5)(a) promulgated by the Department of Revenue to supplement Section 194.032 . . . See § 194.032(3), Fla.Stat. (1977). . . .

CAPE CAVE CORPORATION, a v. LOWE, L., 411 So. 2d 887 (Fla. Dist. Ct. App. 1982)

. . . his administrative remedies, as appellant did here, the PAAB hearing procedure is governed by Section 194.032 . . . manner provided by s. 194.171, whether or not he has initiated an action pursuant to this section.” § 194.032 . . . However, section 194.032 further provides that following the PAAB’s decision on a petition: “(6) Appeals . . . The PAAB argues that appellant was not required to await its decision, since section 194.032 authorizes . . . As mentioned above, the legislature made it clear in section 194.032 that the taxpayer is entitled to . . .

BATH CLUB, INC. v. DADE COUNTY, 394 So. 2d 110 (Fla. 1981)

. . . Lastly, the Club asserts that section 194.032(4), Florida Statutes (Supp. 1976), which allows the Board . . . Section 194.032(4) obviously provides taxpayers with procedural due process. . . . Wellington, E, F, K, L, H, J, M, & G, Condominium Ass’n, 361 So.2d 128 (Fla.1978). . § 194.032(6)(c), . . .

FREDERICKS, v. A. H. BLAKE,, 382 So. 2d 368 (Fla. Dist. Ct. App. 1980)

. . . tax rolls by the Department of Revenue and all tax complaint hearings to be held pursuant to Section 194.032 . . . then be entitled to a hearing before the Property Appraisal Adjustment Board as provided by Section 194.032 . . .

WILLIAMS, v. LAW, 368 So. 2d 1285 (Fla. 1979)

. . . Therefore, if the action filed by appellant pursuant to section 194.032(6) were an appellate proceeding . . . However, in light of the context within which the term “appeal” is used in sections 194.032(6)(a) and . . . In any case brought by the property appraiser pursuant to s. 194.032(6)(a) 1. or 2., the taxpayer shall . . . In any case brought by the property appraiser pursuant to subparagraph 194.032(6)(a) 3., [the property . . . This provision indicates that an action brought by the property appraiser pursuant to section 194.032 . . .

W. MIKOS, v. PROPERTY APPRAISAL ADJUSTMENT BOARD OF SARASOTA COUNTY,, 365 So. 2d 757 (Fla. Dist. Ct. App. 1978)

. . . Pursuant to the provisions of Section 194.032(6)(a)(3), Florida Statutes (1977) the appellant notified . . . Pursuant to Section 194.032(3), the DOR requested the written transcript of the hearings conducted by . . . We point out, however, that prior to the 1976 amendment of Section 194.032(6) (Ch. 76-234, Laws of Florida . . . Section 194.032(6)(a)(3), Florida Statutes (1977). . . .

PROPERTY APPRAISAL ADJUSTMENT BOARD OF SARASOTA COUNTY, a v. FLORIDA DEPARTMENT OF REVENUE, a, 349 So. 2d 804 (Fla. Dist. Ct. App. 1977)

. . . Upon the assertion of the Sarasota County Property Appraiser pursuant to Section 194.032(6)(a)3, Florida . . .

A. H. BLAKE, v. R. M. S. HOLDING CORP. a, 341 So. 2d 795 (Fla. Dist. Ct. App. 1977)

. . . See sections 193.461(2), 194.011(3), 194.032, and 194.042 Florida Statutes (1973). . . .

SPOONER, v. O D. ASKEW, O D. ASKEW, v. M. OWENBY,, 345 So. 2d 1055 (Fla. 1976)

. . . On October 30, 1973, pursuant to Section 194.032, Florida Statutes (1973), the Gadsden County Board of . . .

BAILEY, v. PLAZA HOTEL CORPORATION, a, 335 So. 2d 16 (Fla. Dist. Ct. App. 1976)

. . . (See F.S. 194.032) We do not here consider the merits of appellee’s case. . . .

J. HORNE, Jr. v. MARKHAM,, 288 So. 2d 196 (Fla. 1973)

. . . Also, Sections 194.032(3) and 196.151, Florida Statutes, accord Plaintiff the right to be accompanied . . .