In Florida , all property is assessed annually. Even if a taxpayer successfully contests its valuation, the county appraiser can increase the assessment the following year.
A 2000 law sought to prevent this for assessments of personal property, such as machinery and equipment, which, unlike real estate, decline in value from year to year. The law stated that, when a taxpayer was granted a reduction in the value of its personal property by the Value Adjustment Board, the property appraiser must consider the adjusted value when making the following year's assessment. Unless the property appraiser presented additional facts to support an increase, the statute prohibited the appraiser from raising the assessment.
This law was held unconstitutional because it prescribed a valuation method applicable only to a special class of property. Accordingly, the property appraiser is again free to raise assessments, even if reduced in a prior year by the VAB.
Julie M. Schwartz
Berman Rennert Vogel & Mandler PA
jschwartz@brvmlaw.com
American Property Tax Counsel (APTC)
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