Senate Bill sb0010B

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    Florida Senate - 2007                                  SB 10-B

    By Senator Fasano





    11-2700-07

  1                      A bill to be entitled

  2         An act relating to just valuation of real

  3         property; amending ss. 192.011, 193.011,

  4         193.015, and 193.017, F.S.; deleting

  5         requirements for property appraisers to

  6         consider the highest and best use of property

  7         in determining just valuation; providing

  8         applicability; providing for construction of

  9         the act in pari materia with laws enacted

10         during the 2007 Regular Session or any 2007

11         special session of the Legislature; providing

12         an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Section 192.011, Florida Statutes, is

17  amended to read:

18         192.011  All property to be assessed.--The property

19  appraiser shall assess all property located within the county,

20  except inventory, whether such property is taxable, wholly or

21  partially exempt, or subject to classification reflecting a

22  value less than its just value at its present highest and best

23  use. Extension on the tax rolls shall be made according to

24  regulation promulgated by the department in order properly to

25  reflect the general law. Streets, roads, and highways which

26  have been dedicated to or otherwise acquired by a

27  municipality, a county, or a state agency may be assessed, but

28  need not be.

29         Section 2.  Section 193.011, Florida Statutes, is

30  amended to read:

31  

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    Florida Senate - 2007                                  SB 10-B
    11-2700-07




 1         193.011  Factors to consider in deriving just

 2  valuation.--In arriving at just valuation as required under s.

 3  4, Art. VII of the State Constitution, the property appraiser

 4  shall take into consideration the following factors:

 5         (1)  The present cash value of the property, which is

 6  the amount a willing purchaser would pay a willing seller,

 7  exclusive of reasonable fees and costs of purchase, in cash or

 8  the immediate equivalent thereof in a transaction at arm's

 9  length;

10         (2)  The highest and best use to which the property can

11  be expected to be put in the immediate future and the present

12  use of the property, taking into consideration any applicable

13  judicial limitation, local or state land use regulation, or

14  historic preservation ordinance, and considering any

15  moratorium imposed by executive order, law, ordinance,

16  regulation, resolution, or proclamation adopted by any

17  governmental body or agency or the Governor when the

18  moratorium or judicial limitation prohibits or restricts the

19  development or improvement of property as otherwise authorized

20  by applicable law. The applicable governmental body or agency

21  or the Governor shall notify the property appraiser in writing

22  of any executive order, ordinance, regulation, resolution, or

23  proclamation it adopts imposing any such limitation,

24  regulation, or moratorium;

25         (3)  The location of said property;

26         (4)  The quantity or size of said property;

27         (5)  The cost of said property and the present

28  replacement value of any improvements thereon;

29         (6)  The condition of said property;

30         (7)  The income from said property; and

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    Florida Senate - 2007                                  SB 10-B
    11-2700-07




 1         (8)  The net proceeds of the sale of the property, as

 2  received by the seller, after deduction of all of the usual

 3  and reasonable fees and costs of the sale, including the costs

 4  and expenses of financing, and allowance for unconventional or

 5  atypical terms of financing arrangements.  When the net

 6  proceeds of the sale of any property are utilized, directly or

 7  indirectly, in the determination of just valuation of realty

 8  of the sold parcel or any other parcel under the provisions of

 9  this section, the property appraiser, for the purposes of such

10  determination, shall exclude any portion of such net proceeds

11  attributable to payments for household furnishings or other

12  items of personal property.

13         Section 3.  Subsection (1) of section 193.015, Florida

14  Statutes, is amended to read:

15         193.015  Additional specific factor; effect of issuance

16  or denial of permit to dredge, fill, or construct in state

17  waters to their landward extent.--

18         (1)  If the Department of Environmental Protection

19  issues or denies a permit to dredge, fill, or otherwise

20  construct in or on waters of the state, as defined in chapter

21  403, to their landward extent as determined under s.

22  403.817(2), the property appraiser is expressly directed to

23  consider the effect of that issuance or denial on the value of

24  the property and any limitation that the issuance or denial

25  may impose on the highest and best use of the property to its

26  landward extent.

27         Section 4.  Subsection (4) of section 193.017, Florida

28  Statutes, is amended to read:

29         193.017  Low-income housing tax credit.--Property used

30  for affordable housing which has received a low-income housing

31  tax credit from the Florida Housing Finance Corporation, as

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    Florida Senate - 2007                                  SB 10-B
    11-2700-07




 1  authorized by s. 420.5099, shall be assessed under s. 193.011

 2  and, consistent with s. 420.5099(5) and (6), pursuant to this

 3  section.

 4         (4)  If an extended low-income housing agreement is

 5  filed in the official public records of the county in which

 6  the property is located, the agreement, and any recorded

 7  amendment or supplement thereto, shall be considered a

 8  land-use regulation and a limitation on the highest and best

 9  use of the property during the term of the agreement,

10  amendment, or supplement.

11         Section 5.  If any law that is amended by this act was

12  also amended by a law enacted during the 2007 Regular Session

13  or any 2007 special session of the Legislature, such laws

14  shall be construed as if they had been enacted during the same

15  session of the Legislature, and full effect should be given to

16  each if that is possible.

17         Section 6.  This act shall take effect upon becoming a

18  law and shall apply to assessments for tax years beginning

19  January 1, 2008.

20  

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22                          SENATE SUMMARY

23    Deletes provisions requiring property appraisers to
      consider the highest and best use of property in
24    determining just valuation.

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