CITY OF FERNANDINA BEACH, APPELLANT,
v.
JAMES PAGE, IN HIS CAPACITY AS PROPERTY APPRAISER FOR NASSAU COUNTY, FLORIDA, AND L.H. FUCHS, IN HIS CAPACITY AS EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE, APPELLEES
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The City of Fernandina Beach appealed the dismissal of its challenge to a Nassau County Value Adjustment Board decision, arguing the statutory 60-day filing deadline should be tolled due to alleged procedural irregularities. The court affirmed the dismissal, holding that the city's failure to comply with the strict statutory deadline was not tolled because the irregularities did not involve notice defects and the city received actual notice of the Board's decision.
The court held that the 60-day deadline was not tolled. While statutory notice procedure irregularities may toll the deadline, none of the Board's alleged irregularities related to notice of the Board's decision. Because the City received actual notice of the decision and there was no statutory requirement to notify the City's attorney separately, tolling did not apply.
[1] A statutory 60-day period for filing a complaint challenging a Value Adjustment Board decision is jurisdictional and requires strict compliance.
[2] The 60-day period for challenging a Value Adjustment Board decision may be tolled if alleged irregularities relate to the notice of the Board's decision.
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“The failure to strictly comply with the statutory notice procedures may toll the running of the 60-day period in section 194.171(2).”
Establishes the general rule that notice defects can toll statutory deadlines
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Join FLexlaw to unlock all legal intelligenceThe City of Fernandina Beach filed a complaint challenging a decision by the Nassau County Value Adjustment Board, but failed to file the complaint wi…
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PER CURIAM.
The City of Fernandina Beach appeals a final judgment dismissing its complaint which challenged a decision of the Nassau County Value Adjustment Board (the Board). We affirm.
The trial court dismissed the City’s complaint because it had not been filed within 60 days of the rendering of the Board’s decision, as required by section 194.171(2), Florida Statutes (1995). The City argues on appeal that the operation of this jurisdictional non-claim statute should be tolled in the instant case because of certain alleged irregularities in the Board’s proceedings. We find this argument without merit. The failure to strictly comply with the statutory notice procedures may toll the running of the 60-day period in section 194.171(2). Chihocky v. Crapo, 632 So. 2d 230 (Fla. 1st DCA 1994); and Joyner v. Roberts, 642 So. 2d 826 (Fla. 1st DCA 1994). Because none of the Board’s alleged irregularities related to the notice given regarding entry of the Board’s decision and because the City received actual notice of the Board’s decision, however, no tolling of the 60-day period has occurred here. Joyner, 642 So. 2d at 828; and State, Dept, of Revenue v. Ray Const, of Okaloosa County, 667 So. 2d 859, 862 (Fla. 1st DCA 1996).
Further, we find no merit to the City’s argument that the statute should be tolled because the City’s attorney was not provided a copy of the notice of the Board’s decision. The “taxpayer” is required to receive a copy of the decision of a value adjustment board, section 194.034(2), Florida Statutes (1995), and it is undisputed that the taxpayer here, the City, received a copy of the Board’s decision. Although, where a taxpayer is represented by counsel before the Board, it may be the preferred practice for the Board to also provide a copy or notice of its decision to counsel, there is no statutory requirement that the taxpayer’s attorney be provided a copy of the Board’s decision.
Finally, the City’s argument that it was entitled an additional 5 days to file a complaint by operation of Rule 1.090(e), Florida Rules of Civil Procedure, is plainly without merit. Rule 1.090(e) clearly does not apply to the computation of the time periods under section 194.171(2), Florida Statutes (1995).
The final judgment of dismissal is therefore AFFIRMED.
BOOTH, JOANOS and VAN NORTWICK, JJ., concur.
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- Gore v. State, 632 So. 2d 230 (Fla. 2d DCA 1994)
- State v. Ray Constr. of Okaloosa Cnty., 667 So. 2d 859 (Fla. 1st DCA 1996)
- Williams A. Joyner & Island Pine Corp. v. Lynwood Roberts, 642 So. 2d 826 (Fla. 1st DCA 1994)