Fla. Admin. Code R. 12D-1.005

Current through Reg. 50, No. 235-239, December 10, 2024

Section 12D-1.005 - Access to Financial Records

(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.

Fla. Admin. Code Ann. R. 12D-1.005

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.