| 1 | A bill to be entitled |
| 2 | An act relating to real property assessment; creating s. |
| 3 | 193.1552, F.S.; providing legislative intent; requiring |
| 4 | property appraisers to adjust the assessed value of |
| 5 | certain properties affected by defective building |
| 6 | materials or construction techniques under certain |
| 7 | circumstances; providing for a nominal just value of $0 |
| 8 | under certain circumstances; providing for application to |
| 9 | certain properties; providing for nonapplication to |
| 10 | certain property owners; specifying certain remediation or |
| 11 | repair as not being a change or improvement to property |
| 12 | for certain purposes; prohibiting consideration of |
| 13 | homestead property as abandoned under certain |
| 14 | circumstances; providing for assessment of certain |
| 15 | property after completion of remediation or repair; |
| 16 | providing 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 defective |
| 23 | building materials or construction techniques.- |
| 24 | (1) The Legislature intends to provide property tax relief |
| 25 | to property owners that discover, after purchase, that the |
| 26 | property was constructed using defective building materials or |
| 27 | construction techniques that have a significant negative impact |
| 28 | on the just value of their property that include, but are not |
| 29 | limited to, tainted imported drywall. |
| 30 | (2) When a property appraiser determines that a property |
| 31 | is affected by defective building materials or construction |
| 32 | techniques and needs remediation to bring that property up to |
| 33 | current building standards, the property appraiser shall adjust |
| 34 | the assessed value of that property by taking into consideration |
| 35 | the presence of the defective material or construction technique |
| 36 | and the impact of that defect on the assessed value. If the |
| 37 | building is not marketable without remediation or repair, the |
| 38 | value of such remediation or repair shall be assessed at the |
| 39 | nominal just value of $0. |
| 40 | (3) This section applies only to properties in which: |
| 41 | (a) A defective building product or construction technique |
| 42 | was used in the construction of the property or an improvement |
| 43 | to the property. |
| 44 | (b) The defective product or construction technique has a |
| 45 | significant negative impact on the just value of the property or |
| 46 | improvement. |
| 47 | (c) The purchaser was unaware of the defective product or |
| 48 | construction technique at the time of purchase. |
| 49 | (4) This section does not apply to property owners who |
| 50 | were aware of the presence of a defective building material or |
| 51 | construction technique at the time of purchase. |
| 52 | (5) For the purpose of assessment limitations, remediation |
| 53 | or repair shall not be considered a change or improvement to the |
| 54 | property. |
| 55 | (6) Homestead property shall not be considered abandoned |
| 56 | when a homeowner vacates such property for the purpose of |
| 57 | remediation and repair under this section, provided the |
| 58 | homeowner does not establish a new homestead. |
| 59 | (7) Upon the substantial completion of remediation and |
| 60 | repairs, the property shall be assessed as if such defective |
| 61 | building materials or construction techniques had not been |
| 62 | present. |
| 63 | Section 2. This act shall take effect upon becoming a law |
| 64 | and shall apply to the 2010 and subsequent assessment rolls. |