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Taxes Affecting Florida Real Estate

Marion County, FL Property Tax Estimator  |  Exemption Filing  |   
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City, county, school board, and numerous special tax districts are empowered to impose taxes
directly on real property in Florida as part of the powers delegated to them by the state government.
The U.S. Constitution prohibits the federal government from taxing real property, passing that
right on to the state and local governments. Florida is one of the states, however, that does not tax
real estate at the state level.

Florida Homeowners, Look out for your TRIM Notice - realtorusman

City and County Property Taxes

Property taxes provide the bulk of local government revenues in Florida. They account for a large
portion of the revenue needed to provide law enforcement, fire protection, and other services.

The Real Property Taxation Process

Real estate taxes (property taxes) are ad valorem taxes (based according to the value of the property). The county property appraiser assesses all properties w/in the county, called the assessed
value. Florida law requires that the county property appraiser asses real property for all levels of
government, therefore avoiding duplication and possible controversy. All real property assessments
must be updated annually.

Property taxes in Florida are levied on a calendar-year basis. Taxes are paid in arrears (at the end
of the tax year) for the period January 1 through December 31 each year (see the illustration below).
Property taxes become a lien on all RE in FL on January 1 each year. This lien is legally
superior to any other lien, regardless of date. Taxes are payable to the county tax collector on or after November 1 each year. Property owners may pay property taxes in four installments or
in a single payment. A discount system permits property owners to realize a discount through
prompt payment of taxes. All payments made on or after March 1 must be for the full amount of
taxes levied. Property taxes for the previous year become delinquent on April 1.


Determining Just Value

Property taxes are levied against land and all improvements (houses, buildings) to the land. The assessed values of the land and improvements are arrived at separately and then combined to reflect a single assessed value. The state supreme court has interpreted Florida Statutes as requiring that all
real property be assessed at just value. Just value is the fair and reasonable value based on
objective valuation methods. Just value has been interpreted by the Florida courts to represent
market value. County property appraisers take into consideration property characteristics such
as location, size, and condition of the property. The county property appraiser also considers
the highest and best use of the property and, if county property appraiser also considers the
highest and best use of the property and, if the property is income-producing, the income generated from the property is also considered.

Property appraisers apply three approaches to value:

  1. The sales comparison,
  2. Cost, and
  3. Income approaches.

If the property is sold during the year, the sale price becomes a factor for consideration in
assessing the value of the property, but it is not the controlling factor. Representatives of the
property appraiser’s office typically go into the community to assess select properties, collecting data
using specified forms and recording procedures. The info obtained from field trips is then processed through a computer, using appropriate valuation formulas to render an objective
estimate of assessed value.

Once an assessment has been placed on a property, the owner must be informed. A Notice of
Proposed Property Taxes is mailed to the property owner at the address of record. The notice
is also called a TRIM (truth in millage) notice. It is the responsibility of each property owner to
see that a current mailing address is on file for all properties owned. Current addresses are
needed to ensure that owners receive a notice of change in assessment before the time
allowed for protest has expired.

Any property owner is entitled to protect a property assessment, but not every protest will be
successful.
For example, an owner of a home on a standard lot in a large, completely developed
subdivision who complains that the assessment of the lot was too high will have little hope of
getting the assessment changed. If the assessed value of the lot were changed, all the owners
of similar lots could protest their assessments.

The same homeowner might have a better chance of obtaining a lowered assessment if the
evidence indicates the house was assessed at a value greater than justified. The county
property appraiser has fairly complete details on the square footage, construction materials,
year built, and amount of estimated depreciation since the date of construction, as well as
records showing the assessed values of similar structures in the neighborhood.

Protest Procedure

When a Florida property owner believes the assessed value is inaccurate or does not reflect fair
market value, the owner can use the following three-step protest (tax appeal) procedure.

Step 1. The first step is to seek an adjustment by contacting the county property appraiser or a
representative of that office. If the arguments of the property owner are valid and have a basis
in fact, the county property appraiser is authorized to make a change and to lower the
assessed value.

Step 2. If the property owner’s request for an adjustment is rejected, the owner may file an
appeal (petition) with the Value Adjustment Board. A property owner is allowed 25 days after
the Notice of Proposed Property Taxes (TRIM notice) is mailed to file an assessment appeal.
The board is composed of five members: two county commissioners, one school board
member, and two citizen members. If the board agrees with the taxpayer that the assessed
value of the property is too high, the board has the authority to change the assessment. If the
board decides that the county property appraiser assigned the correct assessment value, the
board will reject the taxpayer's request.

Step 3. The final step available to a property owner seeking a change in assessed value is
litigation in the courts. The taxpayer may pay the taxes under protest and file a suit (a certiorari proceeding, meaning a review of the matter by the courts) against the county property
appraiser and the county tax collector. The property owner’s petition must be filed within the
statutory period (Chapter 194, F.S.). The court may not arbitrarily assign an assessment value
to a property. It may, however, specify the methods and procedures that the county property
appraiser should use in reassessing the subject property. If the court judges the original
assessed value to be just and equitable, the property owner has used all the steps available
under the protest process, other than to appeal to a higher court.

Disclaimer: This post does not constitute legal advice. For legal advice, please contact an attorney directly.
Source of content.

Usman Murtaza
REALTOR®  |  Foxfire Realty

M: 352.388.1188  F: 352.732.1664
A: 615 E. Silver Springs Blvd, Ocala, FL 34470

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