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Frequently Asked Questions |
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1.
What is the "Value
Adjustment Board?"
The
Value Adjustment Board's membership consists of the following:
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Three (3) members of the Miami-Dade County Board of County
Commissioners
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Two (2) members of the School Board of Miami-Dade County
The
Clerk of the Circuit and County Courts is the Clerk of the Value
Adjustment Board (VAB). The VAB as a panel considers and renders
a decision on all appeals of property assessed values, classifications
and exemptions. The VAB has no jurisdiction or control over
taxes or tax rates established by Taxing Authorities. The VAB's
primary function is to hear evidence as to whether or not properties,
petitioned for their consideration, are assessed at their proper
value and/or whether tax exemptions or agricultural classifications
should be approved. The VAB cannot change your assessed value
or grant an exemption or agricultural classification for any
other reason, such as inability to pay.
To assist the VAB, the VAB appoints Special Magistrates who
are either qualified real estate appraisers, personal property
appraisers, or attorneys, to conduct hearings and make recommendations
to the VAB on all petitions. The primary issue for an Appraiser
Special Magistrate to decide is whether or not the assessed
value of the petitioned property exceeds its actual market value
as of JANUARY 1ST of the relevant tax year. The primary issues
to be determined by Attorney Special Magistrates are whether
exemptions or agricultural classifications should be granted
based on the evidence presented.
Both
the VAB and the Special Magistrates are independent of the Property
Appraiser's Office. In fact, the Property Appraiser is merely
another party before the VAB or the Special Magistrate, just
as is the petitioner (taxpayer).
If the VAB decides that it does not agree with the Property
Appraiser's Office regarding the assessed value of a petitioner's
property, the VAB has the authority to reduce the property’s
assessed value to its actual fair market value. If the VAB reduces
an assessment within the limits described below, then the Property
Appraiser must accept the reduction and may not appeal the VAB
decision by filing a suit in the Circuit Court. If, however,
the VAB decision results in a reduction exceeding the limits
described below, the Property Appraiser may appeal the VAB decision
by filing suit in Circuit Court.
| ASSESSED
VALUE |
MAXIMUM
ADJUSTMENT PERMITTED |
| $50,000
or less |
15%
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In
excess of $50,000,
but not more than $500,000 |
10% |
In
excess of $500,000,
but not more than $1,000,000 |
7.5%
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| In
excess of $1,000,000 |
5%
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2. How
do I go about appealing my property taxes?
If
you are contesting the Property Appraiser's denial of your application
for tax exemption or agricultural classification, you must file
a petition with the VAB no later than 30 days following the
mailing of the Property Appraiser's denial notice. (Note: Denial
notices are generally mailed on July 1st).
If you are contesting the "Market and/or Assessed"
value of your property, you must file a petition with the VAB
no later than 25 days following the mailing of the Property
Appraiser's "Notice of Proposed Property Taxes". (NOTE:
Proposed Property Tax Notices are mailed the last week of August).
Petition forms are available at the Property Appraiser's Office
and the VAB. A filing fee of $15.00 per parcel of property (identified
by a "Folio" number) is required when the petition
is filed with the VAB. (NOTE: In certain cases only a $5.00
filing fee per folio is required when joint petitions are filed
by condominium associations, cooperatives and others). After
the petition is filed, the VAB will schedule you to appear before
a VAB appointed Special Magistrate who will hear testimony and
consider evidence presented by you and the Property Appraiser's
representative. After the hearing, the Special Magistrate will
make a recommendation to the VAB as to whether or not an adjustment
to your tax assessment should be granted, and the VAB will later
consider and act on the Special Magistrate's recommendation
without further hearing.
3.
Is
there any way to resolve my property tax problem without having
to file an appeal with the VAB?
Yes.
You may request an informal conference with a representative
from the Property
Appraiser's Office to
discuss the problem. If it is determined that an obvious error
of "Omission" or "Commission" was made by
the Property Appraiser's Office, the error can be corrected
without having to file a petition with the VAB. However, if
it is determined that no such error was made, and it is just
a matter of a "Difference of Opinion" as to what the
Market and/or Assessed value of your property should be, then
you should file a petition with the VAB.
4.
Where will my VAB hearing be held?
VAB
hearings are normally held at the Stephen P. Clark Center, 6th
Floor, 111 NW First Street, Downtown Miami. Hearings may also
be held at various other locations throughout the County depending
on the number and type of cases filed.
5.
What happens at the hearing?
First,
the Clerk of the VAB will schedule each petitioned property
for a hearing at a certain date and time, during which hearing
the petitioner may present evidence in support of his or her
case. The Clerk will send the petitioner a written notice of
the date, time and location of the hearing. An appearance by
the taxpayer at the hearing is generally required, and the appeal
will be determined by the Special Magistrate based on the merits
of the evidence presented. Hearings before the Special Magistrate
are informal. An authorized attorney or professional agent may
represent a petitioner at this hearing, but such representation
is not required.
At
the hearing, the Special Magistrate will ask the petitioner
to present evidence and testimony to support the appeal. After
input from all parties, the Special Magistrate will make a written
recommendation to the VAB; and the VAB will mail the petitioner
a written copy of this recommendation within 20 days thereafter.
Later, the VAB will also mail to the petitioner a final “Record
of Decision Notice” after it officially adopts the Special
Magistrate’s recommendation and certifies the assessment.
6.
How do I prepare for my VAB hearing?
If
you are contesting the value of your property, you should be
prepared to provide evidence to support your claim, such as
comparable sales, income and financial statements, appraisal
reports, photographs, etc...
If
you are contesting the denial of an application for Tax Exemption
or Agricultural Classification, you should be prepared to show
that the Property Appraiser's reasons for denying the application
were wrong. For example, a "Green Card" can be presented
to establish U.S. residency requirements for Homestead Exemption,
and dated aerial photographs of farm crops may be used to provide
proof of agricultural use in Agricultural Classification cases.
7.
Am I required to submit any supporting documentary evidence
to the VAB and/or the Property Appraiser prior to the day of
my hearing?
You
are required to submit to the Property Appraiser at a reasonable
time prior to the scheduled hearing all documentation requested
by the Property Appraiser, in the VAB petition form, that you
intend to rely on as evidence at the hearing.
In
addition, if you submit all such documentation to the Property
Appraiser at least fifteen (15) days prior to the hearing, then
you will be entitled to receive copies of all the documentation
that the Property Appraiser intends to rely on at the hearing.
The current, specific rules and procedures relating to the exchange
of information and documentation between the taxpayer and the
Property Appraiser are substantially as follows*:
SPECIAL NOTICE REGARDING DOCUMENT EXCHANGE WITH PROPERTY APPRAISER
Pursuant
to the provisions of Florida Statute §194.011 and Department
of Revenue Rule 12D-10.0044, you are advised as follows:
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If
the taxpayer/petitioner desires to initiate an evidence
exchange process, the taxpayer/petitioner must provide the
Property Appraiser, at least 15 days before the scheduled
hearing, a written list and summary of evidence, along with
copies of all documentation, to be presented at the hearing.
All such information and documentation must be transmitted
to the Miami-Dade County Property Appraisal Dept. in one
of the following ways:
(1) Email to pavabsubmission@miamidade.gov;
(2) fax to (305) 375-5164;
(3) mail to P.O. Box 12840, Miami, FL 33101-2840; or
(4) drop off at 111 N.W. 1st Street, Suite 710, Miami, FL.
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No later than 7 days after the Property Appraiser receives
the petitioner's documentation, the Property Appraiser must
provide the petitioner with a written list and summary of
evidence, along with copies of all documentation, to be
presented at the hearing. The evidence list must contain
the property record card if provided by the Clerk. In computing
this 7 day period, intermediate Saturdays, Sundays and legal
holidays are excluded in the computation.
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If the taxpayer does not provide the
information to the Property Appraiser at least 15 days prior
to the hearing pursuant to #1 above, the Property Appraiser
need not provide the information to the taxpayer pursuant
to #2.
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If the Property Appraiser does not provide the information
within the time required under #2, the taxpayer will be
entitled to reschedule the hearing. In such event, the taxpayer
must notify the Clerk that the Property Appraiser did not
fully comply, the details of such non-compliance, and request
a reschedule in writing. After appropriate verification,
the Clerk will reschedule the hearing. The taxpayer's timely
submission of the information and documentation under #1
above shall qualify as a written request for rescheduling
under #8 below even though the taxpayer's actual written
request may not be submitted to the Clerk at least 5 calendar
days before the scheduled appearance.
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The
documentation exchanged under #1 and #2 above must be delivered
by regular U.S. mail, fax or e-mail, as may be designated
by the taxpayer in writing. The date of transmission by
e-mail or fax to an address provided by the addressee shall
be deemed to constitute the date of delivery to the recipient.
For such purpose, three e-mail or fax attempts will be deemed
sufficient. If the taxpayer designates delivery by U.S.
mail or does not specifically designate his/her desired
manner for receiving the Property Appraiser's information,
the information shall be made available for pick-up at the
offices of the Property Appraiser at 111 N.W. 1st Street,
#710, Miami, Florida, and shall be deposited by the Property
Appraiser in the U.S. mail. The date of deposit in the U.S.
mail by the Property Appraiser to an address provided by
the addressee, shall be deemed to constitute the date of
delivery to the recipient. The taxpayer and Property Appraiser
may agree to a different timing and method of exchange.
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In computing any period of time prescribed or allowed by
these rules, the day of the act, event, or default from
which the designated period of time begins to run shall
not be included. The last day of the period so computed
shall be included unless it is a Saturday, Sunday, or legal
holiday, in which event the period shall run until the end
of the next day which is neither a Saturday, Sunday, or
legal holiday. If the tenth day before a hearing is a Saturday,
Sunday, or legal holiday, the information under #1 above
shall be provided no later than the previous business day.
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The summary of any testimony submitted pursuant to #1 or
#2 above must be sufficiently detailed so as to reasonably
inform a party of the general subject matter of the witness'
testimony, and should identify the witness with reasonable
certainty (e.g. by name, address, profession, occupation,
etc.). Use form entitled “Value
Adjustment Board Evidence List and Summary for All Parties”
to assist in organizing and submitting your information
and documentation. See note below (*)
- The taxpayer
may reschedule the hearing one time by submitting a written
request to the Clerk of the VAB no less than 5 calendar days
before the scheduled appearance.
*
These rules and procedures may change from time to time and,
therefore, you should frequently visit these websites to verify
the current status.
8.
Why did my taxes increase this year?
There
are various reasons why taxes increase. The most common reason
is a general rise in real estate market values. As property
values appreciate, property taxes tend to increase proportionately.
Of course, the loss of a Tax Exemption and/or Agricultural Classification
will also impact the amount of your property taxes.
9. Why was my Homestead Tax Exemption
removed this year?
The
most common reason occurs when the Property Appraiser mails
his notice of renewal of
Homestead Exemption to taxpayers and said notice
is not delivered due to the taxpayer's filing of a forwarding
address with the Post Office. (NOTE: This notice is not
forwardable to a new address). The Homestead Exemption
is automatically revoked if the taxpayer's notice is returned
undelivered, and the taxpayer also fails to respond to a follow
up questionnaire asking why the address was changed and whether
or not the taxpayer is still entitled to Homestead Exemption.
This questionnaire is forwardable by the Post
Office.
10.
Why was my Agricultural Classification
removed this year?
The
most common reasons are that (1) the property's usage changed
from agricultural, or (2) the property was sold to a new owner
who failed to timely apply for
Agricultural Classification for the year following
the sale.
11. Can my VAB hearing be rescheduled
to another date?
Yes.
Reschedules are granted under certain circumstances, including
medical emergencies, conflicting governmental appointments and
death in the family.
12. If I file an appeal with the VAB,
will I still be required to pay the tax bill that is calculated
on the Assessment I am challenging?
The
filing of this petition does not prevent the taxpayer from paying
the taxes on a timely basis to obtain an early payment discount
and to avoid the possible assessment of interest and penalties
if the appeal is denied.
13.
If my VAB hearing is held after
November, will I still receive the November 4% discount on my
Property Tax Bill if I pay my taxes late?
You
will receive the 4% discount only if your tax assessment is
reduced by the VAB. For example, the "Assessed" value
must be lowered in valuation cases, or requests for Tax Exemptions
and Agricultural Classifications must be granted.
14.
What happens after the VAB decision?
If
the petitioner accepts the VAB's decision regarding the petition,
no further action is required. If, however, the petitioner disagrees
with the VAB's decision and wishes to continue to contest the
VAB’s assessed value or the denial of an exemption or
agricultural classification, the petitioner must file a lawsuit
in the Circuit Court in accordance with section 194.171, Florida
Statutes. By doing so, the petitioner places into the hands
of the Court the determination as to whether the assessed value
by the Property Appraiser's Office exceeds the market value
of the petitioner's property, or whether an exemption or agricultural
classification was wrongfully denied. If a property owner does
not file a petition with the VAB, a lawsuit can still be filed
in Circuit Court under Florida Law. Deadlines for filing a case
should be obtained from one's attorney or the Property Appraiser's
Office. The dates are different depending on whether or not
a petition was filed with the VAB.
15.
If I win my case, how long do I have to
wait for a refund of my Property Taxes ?
Tax
refunds are issued only in cases where the VAB reduces the "assessed"
value of the property under appeal or grants an exemption or
agricultural classification resulting in a reduced tax liability.
Tax refunds resulting from VAB hearings usually take six to
eight weeks from the time the hearings are held. However, during
certain times of the year refunds may be issued earlier or later
than usual.
16.
If I succeed in getting my taxes lowered this year, will my
taxes remain the same next year?
Not
necessarily. The Property Appraiser is required by law to assess
your property on an annual basis as of January 1st. As such,
there can be no guarantee that your taxes will remain unchanged.
17.
Where can I obtain a record of my hearing and how much will
it cost?
Contact
the VAB for information on how to order a record of a VAB hearing.
The cost will be determined by the type of record requested
(ie. video tape and/or verbatim transcript).
18.
Where
do I appeal if I am dissatisfied with the decision of the VAB
in my case and what is the deadline for filing the appeal?
Taxpayers
desiring to appeal VAB decisions as to the assessed value of
properties, exemptions (other than homestead exemptions) or
agricultural classifications, must file suit in Circuit Court
no later than 60 days following the mailing of the VAB's notices
of record of decision. These notices are sent to petitioners
via US. Mail after all the VAB hearings have been held and the
related tax rolls are certified. Taxpayer suits regarding the
denial of homestead exemptions must be filed in the Circuit
Court within 15 days after the mailing of the VAB notices of
record of decision.
19.
If
a new deed is filed on my property which changes the name(s)
of the owner, do I have to re-apply for Homestead Exemption?
Yes.
Even if you just add a middle initial to your name on the deed,
the Property Appraiser treats this as a change of ownership,
which requires you to file a new application for Homestead Exemption.
20.
When are the tax rolls certified by the
VAB and the Property Appraiser?
A
"preliminary" certification of the Tax Rolls, including
all properties whether or not under appeal with the VAB, is
performed by the VAB and the Property Appraiser's Office in
October of the subject tax year. A second "final"
certification of only properties under appeal with the VAB (reflecting
all VAB changes) is performed the following October, after all
VAB hearings are completed.
21.
Who will hear my case when I appear
for my VAB hearing?
If
you are appealing the assessed value of your property, your
case will be heard by an "Appraiser Special Magistrate"
who is a qualified professional appraiser familiar with property
valuation. If you are contesting the denial of a tax exemption
or agricultural classification, your case will be heard by an
"Attorney Special Magistrate" who is familiar with
property tax law.
22. Who serves on the VAB?
The
VAB is composed of five members: Three Miami-Dade County Commissioners
and two Miami-Dade County School Board Members. One Commissioner
is required to serve as the VAB chairperson. The Board of County
Commissioners and the Miami-Dade County School Board appoint
their respective members to serve on the VAB. Such service continues
until the particular member resigns or is removed by his/her
chairperson, or ceases holding elected office.
23.
Can I appeal my property tax assessment after the statutory
deadline? (Click on this question)
24.
Can I still file for my property tax exemption after the statutory
deadline?
If you missed the statutory deadline to file for any type of
property tax exemption or agricultural classification, you may
file a petition with the VAB to show extenuating circumstances
for late filing.
NOTE:
A late exemption application must be filed with the Property
Appraiser’s office before filing the VAB petition; proof
of filing of the application must be submitted with the petition
at the time of filing. Due to this requirement, petitions for
this type of hearings are Not available to
download.
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