| 1 | A bill to be entitled |
| 2 | An act relating to just valuation of real property; |
| 3 | amending ss. 192.011, 193.011, 193.015, and 193.017, F.S.; |
| 4 | deleting requirements for property appraisers to consider |
| 5 | the highest and best use of property in determining just |
| 6 | valuation; providing applicability; providing an effective |
| 7 | date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Section 192.011, Florida Statutes, is amended |
| 12 | to read: |
| 13 | 192.011 All property to be assessed.--The property |
| 14 | appraiser shall assess all property located within the county, |
| 15 | except inventory, whether such property is taxable, wholly or |
| 16 | partially exempt, or subject to classification reflecting a |
| 17 | value less than its just value at its present highest and best |
| 18 | use. Extension on the tax rolls shall be made according to |
| 19 | regulation promulgated by the department in order properly to |
| 20 | reflect the general law. Streets, roads, and highways which have |
| 21 | been dedicated to or otherwise acquired by a municipality, a |
| 22 | county, or a state agency may be assessed, but need not be. |
| 23 | Section 2. Subsection (2) of section 193.011, Florida |
| 24 | Statutes, is amended to read: |
| 25 | 193.011 Factors to consider in deriving just |
| 26 | valuation.--In arriving at just valuation as required under s. |
| 27 | 4, Art. VII of the State Constitution, the property appraiser |
| 28 | shall take into consideration the following factors: |
| 29 | (2) The highest and best use to which the property can be |
| 30 | expected to be put in the immediate future and the present use |
| 31 | of the property, taking into consideration any applicable |
| 32 | judicial limitation, local or state land use regulation, or |
| 33 | historic preservation ordinance, and considering any moratorium |
| 34 | imposed by executive order, law, ordinance, regulation, |
| 35 | resolution, or proclamation adopted by any governmental body or |
| 36 | agency or the Governor when the moratorium or judicial |
| 37 | limitation prohibits or restricts the development or improvement |
| 38 | of property as otherwise authorized by applicable law. The |
| 39 | applicable governmental body or agency or the Governor shall |
| 40 | notify the property appraiser in writing of any executive order, |
| 41 | ordinance, regulation, resolution, or proclamation it adopts |
| 42 | imposing any such limitation, regulation, or moratorium; |
| 43 | Section 3. Subsection (1) of section 193.015, Florida |
| 44 | Statutes, is amended to read: |
| 45 | 193.015 Additional specific factor; effect of issuance or |
| 46 | denial of permit to dredge, fill, or construct in state waters |
| 47 | to their landward extent.-- |
| 48 | (1) If the Department of Environmental Protection issues |
| 49 | or denies a permit to dredge, fill, or otherwise construct in or |
| 50 | on waters of the state, as defined in chapter 403, to their |
| 51 | landward extent as determined under s. 403.817(2), the property |
| 52 | appraiser is expressly directed to consider the effect of that |
| 53 | issuance or denial on the value of the property and any |
| 54 | limitation that the issuance or denial may impose on the present |
| 55 | highest and best use of the property to its landward extent. |
| 56 | Section 4. Subsection (4) of section 193.017, Florida |
| 57 | Statutes, is amended to read: |
| 58 | 193.017 Low-income housing tax credit.--Property used for |
| 59 | affordable housing which has received a low-income housing tax |
| 60 | credit from the Florida Housing Finance Corporation, as |
| 61 | authorized by s. 420.5099, shall be assessed under s. 193.011 |
| 62 | and, consistent with s. 420.5099(5) and (6), pursuant to this |
| 63 | section. |
| 64 | (4) If an extended low-income housing agreement is filed |
| 65 | in the official public records of the county in which the |
| 66 | property is located, the agreement, and any recorded amendment |
| 67 | or supplement thereto, shall be considered a land-use regulation |
| 68 | and a limitation on the highest and best use of the property |
| 69 | during the term of the agreement, amendment, or supplement. |
| 70 | Section 5. This act shall take effect upon becoming a law |
| 71 | and shall apply to assessments for tax years beginning January |
| 72 | 1, 2009. |