NOTICE TO PETITIONER

 

 

Whenever questions arise concerning tax roll parcel/account records, they are routinely reviewed for accuracy.

 

All filing fees imposed must be paid to the Clerk of the Circuit Court (Clerk), acting as Clerk of the Value Adjustment Board (VAB), at the time of filing.  Petitions are invalid and will be rejected in accordance with s.194.013(3) F.S., if not accompanied by the appropriate filing fee. 

 

As required by VAB Resolution 2005-002, incomplete petitions cannot be accepted by the Clerk  All information requested on the petition must be provided.  Any area or question deemed "not applicable" should be noted as such.  Refer to the sample completed petition attached. 

 

In addition, VAB Resolution 2005-001 requires that those signing petitions as an agent for the property owner  provide a notarized letter of authorization at the time of filing.  Petitions filed by agents cannot be accepted without the authorization letter.  Petitions without the property owner’s notarized signature, or that of  a duly authorized agent, will not be accepted and will be returned.

 

In accordance with s.194.013(1), F.S. and VAB Resolution 83‑65, each petition filed, except those joint petitions filed pursuant to s.194.011(3)(e) or (f), must be accompanied by a non-refundable filing fee of fifteen dollars ($15.00) for each separate parcel covered by the petition.  Only a single filing fee is charged for any particular parcel of property, despite the existence of multiple issues and hearings pertaining to such parcel.  Petitions filed under  subparagraphs (e) and (f) are charged a single filing fee of five dollars ($5.00) per parcel.  A fee is not required for petitions concerning an appeal from the disapproval of a timely filed homestead exemption application, under s. 196.151, or the denial of tax deferral under s.197.253.  Checks should be made out to the Board of County Commissioners.

 

Except as provided in s.196.011(8), F.S., the VAB waives filing fees in accordance with s.194.013(2), for taxpayers who demonstrate by appropriate certificates or other documentation issued by the Department of Health and Rehabilitative Services, that they are eligible recipients of temporary assistance under Chapter 414.  

 

If a petition is filed, please note that hearings are conducted in accordance with the Florida Evidence Code.   For example, each witness is sworn and testimony must be based on first hand knowledge only.  Also, under s.194.301, F.S. , the Property Appraiser’s determination of just value is presumed correct.

 

All petitions must be filed with the Clerk.  If mailed, address as follows:  Charlotte County Administration Building, Value Adjustment Board, 18500 Murdock Circle, Room #416, Port Charlotte, Fl, 33948.  The filing date of a petition to the VAB is the date on which petition is actually received by the Clerk, and not date on which petition is deposited in mail for delivery  (Attorney General's Opinion 081‑43, May, 1981).

 

If the petition is filed, notification of hearing date and time will be mailed by the Clerk at least twenty-five (25) days prior to the scheduled date.   In accordance with s.194.032(2), F.S., upon receiving the hearing notice, petitioner may request a one time rescheduling  by submitting a written request to the Clerk, no less than five (5) calendar days prior to the original scheduled hearing date.  Due to potential scheduling conflicts, written authorization may be provided for a representative to appear on your behalf.

 

Upon filing the petition, you will be mailed a request from the Property Appraiser to provide all evidence to be  presented or relied upon at the hearing.  For example, a copy of any document(s), name(s) of those expected to testify on your behalf and the nature of their testimony, etc.  In accordance with s.194.011(4)(a) and 194.034(1)(d), F.S., evidence requested of the petitioner not provided to the Property Appraiser at least fifteen (15) days before the scheduled hearing, cannot be considered by the Special Magistrate or VAB.  As stated previously, the Clerk is required to notify petitioner of hearing at least twenty-five (25) days prior to scheduled date.

 

IT IS PETITIONER’S RESPONSIBILITY TO PROVIDE A COPY OF ANY EVIDENCE HE/SHE EXPECTS TO PRESENT TO THE CLERK FOR INCLUSION WITH THE PETITION.  One (1) copy should be provided to the Property Appraiser and two (2) copies to the Clerk.

 

Please direct all questions concerning proper completion of your petition to the Property Appraiser's office. 

DR-486, Exemption Denial                              (941) 743-1593

DR-486, Real Property Value                          (941) 743-1498

DR-486, Classified Value Denial                     (941) 743-1483

DR-486T, Tangible Personal Property Value    (941) 743-1476

 

You may download a petition by clicking on the appropriate form above. These forms are in Adobe Acrobat format. If you do not have a viewer you may download it now.

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