Reply – Re: Property Tax
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Re: Property Tax
— by iamsomedude iamsomedude
The attorneys in the county do not and will not get involved until summoned. Therefore, the County Attorney can only be involved when there is an issue the one receiving payment has to make a determination upon. That is when you do the CR(tm) to the Attorney for these matters.

Let's just examine a bit where one SHOULD be sending the CR(tm) for these matters:

192.001 Definitions:

(3) “County property appraiser” means the county officer charged with determining the value of all property within the county, with maintaining certain records connected therewith, and with determining the tax on taxable property after taxes have been levied. He or she shall also be referred to in these statutes as the “property appraiser” or “appraiser.”
(4) “County tax collector” means the county officer charged with the collection of ad valorem taxes levied by the county, the school board, any special taxing districts within the county, and all municipalities within the county.
(5) “Department,” unless otherwise designated, means the Department of Revenue.
(7) “Governing body” means any board, commission, council, or individual acting as the executive head of a unit of local government.


Taxation and Finance: Florida Statute 215.02: Manner of paying money into the Treasury.—Whenever any officer of this state or other person desires to pay any money into the Treasury of the state on account of his or her indebtedness to the state, the person shall first go to the Department of Financial Services, ascertain from the department’s books the amount of his or her indebtedness to the state, and pay over to the Chief Financial Officer the amount ascertained. The Chief Financial Officer shall receive the money, make a proper entry thereof, and give to the party paying over the money a receipt for the amount and enter a credit on the party’s account in his or her books for the amount thus paid by him or her.


From just the definitions, I can deduce that the "County Tax Collector" would receive the payment on the assessment issued by the "County Property Appraiser" based upon the rates determined by the "Governing body" and all of em operate on behalf of "Department" and if one had to escalate, one would go from the County Tax Collector to the Department of Revenue, since that is the ultimate recipient of the tax-payment; One could probably also escelate to the CFO of the State as instructed in Florida Statute 215.02.

Now, when any of these AGENCIES reject, it will come thru the Attorney and THAT is when the Attorney is engaged. Otherwise, there is nothing to go on; no determination by the Attorney, unlike when a court case is initiated, or some random debt collection is attempted.

Now, if there is further issue with non-acceptance by the attorney, complete the CR(tm) "process," then send the Verification of Complaint up to the Supreme Court, just like everything else; I know the statutes (194.171) read "the circuit courts have original jurisdiction at law of all matters relating to property taxation" but the Florida Constitution clearly reads that the Supreme Court is the one who both regulates and disciplines the attorneys and THAT is the one making the determination when the Tender is refused.

OR

Bring the matter into Supreme Court and present the Present and then go from there because the Supreme Court has original jurisdiction and (6) May review a question of law certified by the Supreme Court of the United States or a United States Court of Appeals which is determinative of the cause and for which there is no controlling precedent of the supreme court of Florida, such as Scott v. McNeal, 154 U.S. 34 (1894)


~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.