Current through Reg. 50, No. 187; September 24, 2024
(1) The
property appraiser of each county, duly authorized representatives of the
Department, and duly authorized representatives of the Auditor General shall
have the right to inspect and copy financial records relating to non-homestead
property which are reasonably necessary to determine the property assessment of
the property in question.
(a) Access to a
taxpayer's records shall be provided only where it is determined that such
records are necessary to determine the classification or value of the taxable
non-homestead property.
(b) This
section shall apply to all real and personal property physically located within
the state, and within the county in question on January 1 of the year for which
inspection is sought.
(c) The types
of records which this section covers shall include, but not be limited to, the
following in the case of real property:
1.
Profit and loss statements;
2.
Income tax returns of the person, firm or corporation operating the
property;
3. Leases of tenants in
possession of property, both before and after the January 1 valuation
date;
4. Casualty insurance
policies insuring the premises against damage from fire and other
hazards;
5. Any financial
statements of any person, firm or corporation having an interest in the
property in which the property or an interest in it is listed as an
asset;
6. Mortgage note and other
instruments made in connection with mortgages placed on the property, such as
loan applications;
7. Ledgers
showing construction expenses of any improvements made to the property, and
contracts for the construction or reconstruction of improvements made to the
property, and contracts for the construction or reconstruction of improvements
or additions to the property;
8.
Closing statement between buyer and seller pertaining to the most recent
purchase of the property in question;
9. Appraisals made on the property in
connection with obtaining mortgage financing or the sale
thereof.
(d) The types of
records which this section covers shall include, but not be limited to, the
following in the case of personal property:
1.
Profit and loss statements;
2.
Invoices from purchase of the property in question;
3. Inventories;
4. Federal Income Tax returns for the entity
owning the property, including depreciation schedules;
5. General journal and ledgers showing date
of acquisition and installed price for commercial personal property;
6. Financial statements for the business in
connection with which the property is used, including balance sheets;
7. Insurance policies insuring the property
in question against casualty loss;
8. Leases for leased property;
9. Records by which to determine the value of
inventory, such as opening inventories, acquisitions, sales, cost of goods
sold.
(2) The
following procedures shall govern access to the records of a taxpayer:
(a) The property appraiser or his duly
authorized representative, the duly authorized representative of the
Department, or the duly authorized representative of the Auditor General shall
make request, in writing, of the taxpayer and shall specify in general the
records requested.
(b) The request
shall state the purpose of the request, and the time and place at which the
records shall be produced by the taxpayer. If the records are located without
the county, the taxpayer shall have ten (10) days following the request in
which to make them available for inspection and copying.
(c) All records produced under this section
shall be returned to the taxpayer as expeditiously as possible under the
circumstances, after examination by the requesting agency.
(d) In the event the taxpayer shall refuse,
after written demand, to make production of the books and records requested,
the requesting agency shall have the right to proceed with an original action
in the Circuit Court for an application to the court for a subpoena duces tecum
and production of the records in question.
(3) All records produced by the taxpayer
under this rule shall be deemed to be confidential in the hands of the property
appraiser, the Department, and the Auditor General and shall not be divulged to
any person, firm or corporation.
Rulemaking Authority
195.027(1),
213.06(1) FS.
Law Implemented 193.011,
195.027
FS.
New 10-12-76, Formerly 12D-1.05, Amended
12-28-95.