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Appealing the Property Appraiser's Market Value Appraisal
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When you receive your "Truth In Millage" Notice, or TRIM Notice, if you think
that the market value noted is incorrect or if you think that you have evidence
that the value exceeds the actual fair market value of your property, you are
encouraged to contact the Property
Appraiser's Office to speak with an appraiser. The appraiser can discuss the
information, which was used to determine your property's value. The Property Appraiser welcomes the
opportunity to review all pertinent facts regarding your property. The addresses and
telephone numbers of the main office and the four branch offices
are:
North Brevard
Brevard County Property Appraiser Main Office
Brevard County Government Complex - North
400 South Street, 5th Floor
Titusville, Florida 32780
Telephone: 321-264-6700
Central Brevard
Brevard County Property Appraiser (Viera Office)
Brevard County Government Center
2725 Judge Fran Jamieson Way
Melbourne, Florida 32940
Telephone: 321-690-6880
South Brevard
Brevard County Property Appraiser (Melbourne Office)
Brevard County South Services Complex
1515 Sarno Road
Melbourne, Florida 32935
Telephone: 321-255-4440
Brevard County Property Appraiser (Palm Bay Office)
450 Cogan Drive SE
Palm Bay, Florida 32909
Telephone: 321-952-4574
It is the duty of the Property Appraiser to
determine that your property is appraised
correctly. The Property Appraiser's objective is to be fair and accurate using the most
current resources and considering those forces which impact property values in your
neighborhood. The Property Appraiser does not control property values, they are
determined by the rise and fall of the real estate market.
If after meeting with an appraiser and examining
all of the relevant data, if you still
think that your market value is higher than it should be, then you have a right to file a
petition with the Value Adjustment Board (VAB). Please note that
regarding homestead properties, State law permits only the appeal of market
value not assessed value. The petition forms that you will need can be
obtained from any of the Property Appraiser's Offices. The deadline for filing a petition
will always be printed on the Truth In Millage (TRIM) notice that you will receive each
year as a property owner or as an authorized agent. A VAB petition
must be filed on or before the indicated deadline to have your assessment considered;
carefully follow the instructions provided with the petition forms. Please note that the
amount of taxes or the percentage of assessment increases are not grounds for lowering
the market value.
The Value Adjustment Board's membership consists of the following:
Three (3) members of the Brevard County Board of County Commissioners
Two (2) members of the School Board of Brevard County
The Clerk of the County and Circuit Courts
is the Clerk to the Value Adjustment Board
(VAB). The VAB as a panel considers and renders a decision on all appeal petitions
relating to property value assessments, classifications and exemptions. The VAB has no
jurisdiction or control over taxes or tax rates established by
Taxing Authorities. The VAB's one and only function is
to hear evidence as to whether or not properties, petitioned for their consideration, are
appraised at their fair market value and determine if an exemption or agricultural
classification should be approved. The VAB cannot change your appraised value for any
other reason, such as inability to pay.
To assist the VAB, the VAB has chosen to appoint Special
Masters, 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 single question for a
Special Master to decide is whether or not the appraised value of the petitioned property
exceeds its actual market value as of JANUARY 1ST of the applicable tax year or should an
exemption be approved based on evidence presented.
Both the VAB and the Special Masters are independent of the Property Appraiser's
Office; in fact, the Property Appraiser is merely another party before the VAB and/or the
Special Master, just as the petitioner (taxpayer).
If the VAB decides that it does not agree with the Property Appraiser's Office
regarding the market value of a petitioner's property, the VAB has the authority to change
the appraised value within certain limits according to the following schedule. The
Property Appraiser must accept these limits without rebuttal. Changes exceeding these
limits can be challenged by the Property Appraiser.
| MARKET VALUE |
MAXIMUM ADJUSTMENT PERMITTED |
| $50,000 or less |
15% |
| 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% |
| In excess of $1,000,000 |
5% |
In order to obtain a reduction
in the appraised value before the VAB, the property
owner must prove that the market value of his/her property, as established by the Property
Appraiser's Office, exceeds actual market value. Petitioners must keep in mind that an
increase in value from one year to the next, in itself, is not a valid reason to reduce
the appraised value.
A petitioner's presentation before
the Special Master must be based upon hard facts and
details, not generalities. A sound routine that will assist a property owner to prepare
for a hearing is to gather evidence regarding sales of comparable properties that sold in
the neighborhood of the petitioner's property or a comparable neighborhood before JANUARY
1ST (pictures may be included). A petitioner should keep in mind that positive and
negative factors common to the neighborhood within which the property is located have
probably already been considered by the Property Appraiser's Office. Information
concerning sales can be obtained from the Property Appraiser's Office, local realtors, or
private appraisers.
First, the Clerk to the VAB
will schedule each petitioned property an assigned date and
time in which the petitioner may present evidence. The Clerk will then send the petitioner
a notice of the date, time and location of the hearing. An appearance is not required,
however, the appeal will be reviewed upon the merit of the evidence submitted. Hearings
before the Special Master are informal. An authorized attorney or agent may represent a
petitioner at this session, but one is not required or needed.
At the hearing, the Special Master
will ask the petitioner to present evidence and
testimony to support the appeal. After input from all parties, the Special Master will
make a written recommendation to the Value Adjustment Board (VAB). The VAB will mail the
petitioner a written copy of its final decision within 20 days after the VAB has rendered
its final 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 established market value, the petitioner must file a civil lawsuit
in the Circuit Court under the provisions of Chapter 194.171 Florida Statutes. By doing
so, the petitioner places into the hands of the Court the determination as to whether the
market value by the Property Appraiser's Office exceeds the market value of the
petitioner's property. 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 a petition was filed to the VAB or not.
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