ERVIN HIGGS, PROPERTY APPRAISER FOR MONROE COUNTY, APPELLANT,
v.
LLOYD A. GOOD, JR., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Monroe County Property Appraiser appealed a trial court decision that set aside his 1999 ad valorem tax assessment for Lloyd Good's property. The court reversed, holding that a taxpayer cannot strategically withhold required income data until after receiving a valuation notice, then submit it late to challenge the assessment.
The court held that it was error for the trial court to allow Good to submit income data after the deadline and use that data to demand reduction of his tax assessment. A taxpayer cannot strategically defer submission of required data until learning whether the initial valuation is favorable, then submit it late to challenge an unfavorable assessment.
[1] A property appraiser is statutorily required to consider property income when determining ad valorem tax assessment valuations.
[2] A taxpayer's failure to submit requested income and expense data by a statutory deadline precludes consideration of that data for the current tax year.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a taxpayer could await notice of the assessed valuation and, if it is lower than fair-market value, say nothing and enjoy the break; or if the valuation is higher than the owner likes, then submit the data and insist upon its use. This is precisely what Good did.”
Establishes the opportunistic behavior the court sought to prevent by enforcing submission deadlines
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Appraiser mailed a January 2000 notice to non-homestead taxpayers requiring submission of 1999 income and expense data by April 30, 2000, with exp…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Income Approach cases and more on FLexlaw
FLETCHER, Judge.
Ervin Higgs, the Monroe County Property Appraiser [Appraiser] seeks the reversal of a final order setting aside the ad valorem tax assessment valuation for 1999 on real property of Lloyd A. Good, Jr. We reverse and reinstate the Appraiser’s valuation.
In January, 2000 the Appraiser mailed out a form notice to non-homestead taxpayers in Monroe County requesting them to produce by April 30, 2000 the 1999 income and expense figures for their property, as well as their income tax returns for that year. The form notice explained that income data submitted after April 30 would not be considered for the current tax year and would be objected to if offered in a subsequent administrative or judicial proceeding. As section 193.011(7), Florida Statutes (2000) requires the Appraiser to take into consideration the income from the property, the Appraiser by seeking this data was rightfully carrying out a responsibility placed on him.
Good failed to comply with the notice. Instead he waited until after the Appraiser had carried out his task of placing a value on the various properties in Monroe County — including Good’s.1 It is not difficult to discern that — -in the absence of the enforcement of the submission deadline — -a taxpayer could await notice of the assessed valuation and, if it is lower than fair-market value,2 say nothing and enjoy the break; or if the valuation is higher than the owner likes, then submit the data and insist upon its use. This is precisely what Good did. After he received his valuation notice, he, being unhappy with it, submitted his income data — in August, 2000. Ultimately Good filed suit, contending that the data he tardily submitted did not support the Appraiser’s valuation.3 At trial’s conclusion, the court found that the Appraiser failed to properly consider the untimely submitted income data and set aside the assessment valuation on Good’s property.
We conclude that it was error for the trial court to allow Good to defer the submission of the income data until it pleased him to submit it (tardily), then use the data to demand either administrative or judicial reduction of his property’s tax assessment valuation. It is inappropriate for a taxpayer to conceal an ace-in-the-hole for subsequent play against an official who is attempting to carry out his duties. See Pier House Joint Venture v. Higgs, 555 So. 2d 899 (Fla. 3d DCA 1990)(income data inadmissible because the property owner failed to reveal same in a timely fashion upon request of the property appraiser). If all taxpayers followed Good’s example the Appraiser’s office could be hamstrung.
The decision below is reversed and the Appraiser’s 1999 tax assessment valuation on Good’s property is ordered reinstated.
. The Appraiser had two months after April 30 to complete the tax roll during which time period he valued 1,500 commercial properties. [T.18].
. The Appraiser’s goal is to place on each property an annual assessment valuation equal to the property’s fair market value. E.g., Valencia Center, Inc. v. Bystrom, 543 So. 2d 214 (Fla.1989).
.Notwithstanding Good's failure to submit his income data prior to April 30, the Appraiser was still required to consider the income approach in placing a tax valuation on Good’s property. The Appraiser accomplished this by applying such general income data as was applicable and available to him. See Palm Corp. v. Homer, 261 So. 2d 822 (Fla.1972).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Singh v. Walt Disney Parks & Resorts US, Inc. (Fla. 5th DCA 2020)…trial, Appraiser sought to exclude all evidence of Disney’s actual income and expenses on the basis that it sent Disney an income and expense survey (“Survey”) prior to making its assessment, but Disney failed to respond. It relied on Higgs v. Good, 813 So. 2d 178 (FIa. 3d DCA 2002) (holding that taxpayer may not withhold requested income information from appraiser, then subsequently challenge appraiser’s assessment and use requested information to support its challenge). The trial court reserved ruling on t…
Authorities Cited
- Valencia Ctr., Inc. v. Bystrom, 543 So. 2d 214 (Fla. 1989)
- Palm Corp. v. Porter W. Homer, 261 So. 2d 822 (Fla. 1972)
- Pier House Joint Venture v. Ervin Higgs, 555 So. 2d 899 (Fla. 3d DCA 1990)