Florida Senate - 2010 CS for SB 2160
By the Committee on Finance and Tax; and Senators Storms and
Crist
593-04255-10 20102160c1
1 A bill to be entitled
2 An act relating to real property assessment; creating
3 s. 193.1552, F.S.; providing a definition; requiring
4 property appraisers to adjust the assessed value of
5 certain properties affected by imported drywall under
6 certain circumstances; providing for a nominal just
7 value of $0 under certain circumstances; providing for
8 application to certain properties; providing for
9 nonapplication to certain property owners; specifying
10 homestead property as damaged for certain purposes;
11 prohibiting consideration of homestead property as
12 abandoned under certain circumstances; providing for
13 assessment of certain property after completion of
14 remediation or repair; providing for future repeal
15 unless reviewed and reenacted; providing for
16 application; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 193.1552, Florida Statutes, is created
21 to read:
22 193.1552 Assessment of properties affected by imported
23 drywall.—
24 (1) As used in this section, the term “imported drywall”
25 means drywall that contains elevated levels of elemental sulfur
26 that results in corrosion of certain metals.
27 (2) When a property appraiser determines that a single
28 family residential property is affected by imported drywall and
29 needs remediation to bring that property up to current building
30 standards, the property appraiser shall adjust the assessed
31 value of that property by taking into consideration the presence
32 of the imported drywall and the impact of such drywall on the
33 assessed value. If the building cannot be used for its intended
34 purpose without remediation or repair, the value of such
35 building shall be assessed at the nominal just value of $0.
36 (3) This section applies only to properties in which:
37 (a) Imported drywall was used in the construction of the
38 property or an improvement to the property.
39 (b) The imported drywall has a significant negative impact
40 on the just value of the property or improvement.
41 (c) The purchaser was unaware of the imported drywall at
42 the time of purchase.
43 (4) This section does not apply to property owners who were
44 aware of the presence of imported drywall at the time of
45 purchase.
46 (5) Homestead property to which this section applies shall
47 be considered damaged by misfortune or calamity under s.
48 193.155(4)(b), except that the 3-year deadline does not apply.
49 (6) Homestead property shall not be considered abandoned
50 when a homeowner vacates such property for the purpose of
51 remediation and repair under this section, provided the
52 homeowner does not establish a new homestead.
53 (7) Upon the substantial completion of remediation and
54 repairs, the property shall be assessed as if such imported
55 drywall had not been present.
56 (8) This section is repealed July 1, 2017, unless reviewed
57 and reenacted by the Legislature on or before that date.
58 Section 2. This act shall take effect upon becoming a law,
59 and applies to the 2010 and subsequent assessment rolls.