194.171 Circuit court to have original
jurisdiction in tax cases. ---
(1) The circuit courts have original jurisdiction at law of all
matters relating to property taxation. Venue is in the county where the
property is located, except that venue shall be in Leon County when the
property is assessed pursuant to s. 193.085(4).
(2) No action shall be brought to contest a tax assessment after
60 days from the date the assessment being contested is certified for
collection under s. 193.122(2), or after 60 days from the date a decision is
rendered concerning such assessment by the value adjustment board if a
petition contesting the assessment had not received final action by the value
adjustment board prior to extension of the roll under s. 197.323.
(3) Before an action to contest a tax assessment may be brought,
the taxpayer shall pay to the collector not less than the amount of the tax
which the taxpayer admits in good faith to be owing. The collector shall issue
a receipt for the payment, and the receipt shall be filed with the complaint.
Notwithstanding the provisions of chapter 197, payment of the taxes the
taxpayer admits to be due and owing and the timely filing of an action
pursuant to this section shall suspend all procedures for the collection of
taxes prior to final disposition of the action.
(4) Payment of a tax shall not be deemed an admission that the
tax was due and shall not prejudice the right to bring a timely action as
provided in subsection (2) to challenge such tax and seek a refund.
(5) No action to contest a tax assessment may be maintained, and
any such action shall be dismissed, unless all taxes on the property assessed
in years after the action is brought, which the taxpayer in good faith admits
to be owing, are paid before they become delinquent.
(6) The requirements of subsections (2), (3), and (5) are
jurisdictional. No court shall have jurisdiction in such cases until after the
requirements of both subsections (2) and (3) have been met. A court shall
lose jurisdiction of a case when the taxpayer has failed to comply with the
requirements of subsection (5).
History: s. 1, ch. 8586, 1921; CGL 1038; s. 2, ch. 29737, 1955; s. 1, ch. 67-538;
ss. 1, 2, ch. 69-55; s. 8, ch. 69-102; s. 6, ch. 69-140; ss. 30, 31, ch.
70-243; s. 1, ch. 72-239; s. 6, ch. 74-234; s. 17, ch. 82-226; s. 7, ch.
83-204; s. 56, ch. 83-217; s. 211, ch. 85-342; s. 3, ch. 88-146; s. 151, ch.
91-112; s. 32, ch. 94-353; s. 1470, ch. 95-147.
Note. Former ss. 192.21, 194.151, 196.01.