HB 849

1	A bill to be entitled
2	An act relating to the appraisal of property; amending s.
3	193.011, F.S.; deleting a requirement that the property
4	appraiser consider the property's highest and best use
5	when determining the just value of the property; amending
6	ss. 192.011, 193.015, and 193.017, F.S.; conforming
7	provisions; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Section 193.011, Florida Statutes, is amended
12	to read:
13	193.011  Factors to consider in deriving just
14	valuation.--In arriving at just valuation as required under s.
15	4, Art. VII of the State Constitution, the property appraiser
16	shall take into consideration the following factors:
17	(1)  The present cash value of the property, which is the
18	amount a willing purchaser would pay a willing seller, exclusive
19	of reasonable fees and costs of purchase, in cash or the
20	immediate equivalent thereof in a transaction at arm's length;
21	(2)  The highest and best use to which the property can be
22	expected to be put in the immediate future and the present use
23	of the property, taking into consideration the legally
24	permissible use of the property, including any applicable
25	judicial limitation, local or state land use regulation, or
26	historic preservation ordinance, and any zoning changes,
27	concurrency requirements, and permits necessary to achieve the
28	highest and best use, and considering any moratorium imposed by
29	executive order, law, ordinance, regulation, resolution, or
30	proclamation adopted by any governmental body or agency or the
31	Governor when the moratorium or judicial limitation prohibits or
32	restricts the development or improvement of property as
33	otherwise authorized by applicable law. The applicable
34	governmental body or agency or the Governor shall notify the
35	property appraiser in writing of any executive order, ordinance,
36	regulation, resolution, or proclamation it adopts imposing any
37	such limitation, regulation, or moratorium;
38	(3)  The location of said property;
39	(4)  The quantity or size of said property;
40	(5)  The cost of said property and the present replacement
41	value of any improvements thereon;
42	(6)  The condition of said property;
43	(7)  The income from said property; and
44	(8)  The net proceeds of the sale of the property, as
45	received by the seller, after deduction of all of the usual and
46	reasonable fees and costs of the sale, including the costs and
47	expenses of financing, and allowance for unconventional or
48	atypical terms of financing arrangements. When the net proceeds
49	of the sale of any property are utilized, directly or
50	indirectly, in the determination of just valuation of realty of
51	the sold parcel or any other parcel under the provisions of this
52	section, the property appraiser, for the purposes of such
53	determination, shall exclude any portion of such net proceeds
54	attributable to payments for household furnishings or other
55	items of personal property.
56	Section 2.  Section 192.011, Florida Statutes, is amended
57	to read:
58	192.011  All property to be assessed.--The property
59	appraiser shall assess all property located within the county,
60	except inventory, whether such property is taxable or, wholly or
61	partially exempt, or subject to classification reflecting a
62	value less than its just value at its present highest and best
63	use. Extension on the tax rolls shall be made according to rules
64	adopted regulation promulgated by the department in order
65	properly to reflect the general law. Streets, roads, and
66	highways that which have been dedicated to or otherwise acquired
67	by a municipality, a county, or a state agency may be assessed,
68	but need not be.
69	Section 3.  Subsection (1) of section 193.015, Florida
70	Statutes, is amended to read:
71	193.015  Additional specific factor; effect of issuance or
72	denial of permit to dredge, fill, or construct in state waters
73	to their landward extent.--
74	(1)  If the Department of Environmental Protection issues
75	or denies a permit to dredge, fill, or otherwise construct in or
76	on waters of the state, as defined in chapter 403, to their
77	landward extent as determined under s. 373.4211 s. 403.817(2),
78	the property appraiser is expressly directed to consider the
79	effect of that issuance or denial on the value of the property
80	and any limitation that the issuance or denial may impose on the
81	highest and best use of the property to its landward extent.
82	Section 4.  Section 193.017, Florida Statutes, is amended
83	to read:
84	193.017  Low-income housing tax credit.--Property used for
85	affordable housing which has received a low-income housing tax
86	credit from the Florida Housing Finance Corporation, as
87	authorized by s. 420.5099, shall be assessed under s. 193.011
88	and, consistent with s. 420.5099(5) and (6), pursuant to this
89	section.
90	(1)  The tax credits granted and the financing generated by
91	the tax credits may not be considered as income to the property.
92	(2)  The actual rental income from rent-restricted units in
93	such a property shall be recognized by the property appraiser.
94	(3)  Any costs paid for by tax credits and costs paid for
95	by additional financing proceeds received under chapter 420 may
96	not be included in the valuation of the property.
97	(4)  If an extended low-income housing agreement is filed
98	in the official public records of the county in which the
99	property is located, the agreement, and any recorded amendment
100	or supplement thereto, shall be considered a land-use regulation
101	and a limitation on the highest and best use of the property
102	during the term of the agreement, amendment, or supplement.
103	Section 5.  This act shall take effect January 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.