Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/HB 909, 2nd Eng.

373736

CHAMBER ACTION

Senate

Floor: 3/AD/3R

4/30/2008 5:40 PM

.

.

.

.

.

House

Floor: C

5/2/2008 10:08 AM



1

Senator Haridopolos moved the following amendment:

2

3

     Senate Amendment (with title amendment)

4

     Delete line(s) 40-62

5

and insert:

6

     Section 1.  Section 193.011, Florida Statutes, is amended to

7

read:

8

     193.011  Factors to consider in deriving just valuation.--In

9

arriving at just valuation as required under s. 4, Art. VII of

10

the State Constitution, the property appraiser shall take into

11

consideration the following factors:

12

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

13

amount a willing purchaser would pay a willing seller, exclusive

14

of reasonable fees and costs of purchase, in cash or the

15

immediate equivalent thereof in a transaction at arm's length;

16

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

17

expected to be put in the immediate future and the present use of

18

the property, taking into consideration the legally permissible

19

use of the property, including any applicable judicial

20

limitation, local or state land use regulation, or historic

21

preservation ordinance, and any zoning changes, concurrency

22

requirements, and permits necessary to achieve the highest and

23

best use, and considering any moratorium imposed by executive

24

order, law, ordinance, regulation, resolution, or proclamation

25

adopted by any governmental body or agency or the Governor when

26

the moratorium or judicial limitation prohibits or restricts the

27

development or improvement of property as otherwise authorized by

28

applicable law. The applicable governmental body or agency or the

29

Governor shall notify the property appraiser in writing of any

30

executive order, ordinance, regulation, resolution, or

31

proclamation it adopts imposing any such limitation, regulation,

32

or moratorium;

33

     (3)  The location of said property;

34

     (4)  The quantity or size of said property;

35

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

36

value of any improvements thereon;

37

     (6)  The condition of said property;

38

     (7)  The income from said property; and

39

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

40

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

41

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

42

expenses of financing, and allowance for unconventional or

43

atypical terms of financing arrangements. When the net proceeds

44

of the sale of any property are utilized, directly or indirectly,

45

in the determination of just valuation of realty of the sold

46

parcel or any other parcel under the provisions of this section,

47

the property appraiser, for the purposes of such determination,

48

shall exclude any portion of such net proceeds attributable to

49

payments for household furnishings or other items of personal

50

property.

51

52

================ T I T L E  A M E N D M E N T ================

53

And the title is amended as follows:

54

     Delete line(s) 3-4

55

and insert:

56

193.011, F.S.; clarifying factors that a property

57

appraiser must consider in deriving just valuation;

4/30/2008  7:14:00 AM     26-09142B-08

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