(1) The board legal counsel shall have the responsibilities listed below consistent with the provisions of law.

Terms Used In Florida Regulations 12D-9.009

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Quorum: The number of legislators that must be present to do business.
    (a) The primary role of the board legal counsel shall be to advise the board on all aspects of the value adjustment board review process to ensure that all actions taken by the board and its appointees meet the requirements of law.
    (b) Board legal counsel shall advise the board in a manner that will promote and maintain a high level of public trust and confidence in the administrative review process.
    (c) The board legal counsel is not an advocate for either party in a value adjustment board proceeding, but instead ensures that the proceedings are fair and consistent with the law.
    (d) Board legal counsel shall advise the board of the actions necessary for compliance with the law.
    (e) Board legal counsel shall advise the board regarding:
    1. Composition and quorum requirements;
    2. Statutory training and qualification requirements for special magistrates and members of the board;
    3. Legal requirements for recommended decisions and final decisions;
    4. Public meeting and open government laws; and,
    5. Any other duties, responsibilities, actions or requirements of the board consistent with the laws of this state.
    (f) Board legal counsel shall review and respond to written complaints alleging noncompliance with the law by the board, special magistrates, board clerk, and the parties. The legal counsel shall send a copy of the complaint along with the response to the department. This section does not refer to routine requests for reconsideration, requests for rescheduling, and pleadings and argument in petitions.
    (2) The board legal counsel shall, upon appointment, send his or her contact information, which shall include his or her name, mailing address, telephone number, fax number, and e-mail address, to the department by mail, fax or email to:
Department of Revenue
Property Tax Oversight Program
Attn.: Director
P.O. Box 3000
Tallahassee, FL 32315-3000
Fax Number: (850)488-9482
Email Address: VAB@floridarevenue.com.
Rulemaking Authority 194.011(5), 194.034(1), 195.027(1), 213.06(1) FS. Law Implemented 194.011, 194.015, 213.05 FS. History-New 3-30-10.