Florida Senate - 2009                                    SB 1522
       
       
       
       By Senator Storms
       
       
       
       
       10-00189-09                                           20091522__
    1                        A bill to be entitled                      
    2         An act relating to the appraisal of property; amending
    3         s. 193.011, F.S.; deleting a requirement that the
    4         property appraiser consider the property's highest and
    5         best use when determining the just value of the
    6         property; amending ss. 192.011, 193.015, and 193.017,
    7         F.S.; conforming provisions; providing an effective
    8         date.
    9         
   10  Be It Enacted by the Legislature of the State of Florida:
   11         
   12         Section 1. Section 192.011, Florida Statutes, is amended to
   13  read:
   14         192.011 All property to be assessed.—The property appraiser
   15  shall assess all property located within the county, except
   16  inventory, whether such property is taxable or, wholly or
   17  partially exempt, or subject to classification reflecting a
   18  value less than its just value at its present highest and best
   19  use. Extension on the tax rolls shall be made according to rules
   20  adopted regulation promulgated by the department in order
   21  properly to reflect the general law. Streets, roads, and
   22  highways that which have been dedicated to or otherwise acquired
   23  by a municipality, a county, or a state agency may be assessed,
   24  but need not be.
   25         Section 2. Section 193.011, Florida Statutes, is amended to
   26  read:
   27         193.011 Factors to consider in deriving just valuation.—In
   28  arriving at just valuation as required under s. 4, Art. VII of
   29  the State Constitution, the property appraiser shall take into
   30  consideration the following factors:
   31         (1) The present cash value of the property, which is the
   32  amount a willing purchaser would pay a willing seller, exclusive
   33  of reasonable fees and costs of purchase, in cash or the
   34  immediate equivalent thereof in a transaction at arm's length;
   35         (2) The highest and best use to which the property can be
   36  expected to be put in the immediate future and the present use
   37  of the property, taking into consideration the legally
   38  permissible use of the property, including any applicable
   39  judicial limitation, local or state land use regulation, or
   40  historic preservation ordinance, and any zoning changes,
   41  concurrency requirements, and permits necessary to achieve the
   42  highest and best use, and considering any moratorium imposed by
   43  executive order, law, ordinance, regulation, resolution, or
   44  proclamation adopted by any governmental body or agency or the
   45  Governor when the moratorium or judicial limitation prohibits or
   46  restricts the development or improvement of property as
   47  otherwise authorized by applicable law. The applicable
   48  governmental body or agency or the Governor shall notify the
   49  property appraiser in writing of any executive order, ordinance,
   50  regulation, resolution, or proclamation it adopts imposing any
   51  such limitation, regulation, or moratorium;
   52         (3) The location of said property;
   53         (4) The quantity or size of said property;
   54         (5) The cost of said property and the present replacement
   55  value of any improvements thereon;
   56         (6) The condition of said property;
   57         (7) The income from said property; and
   58         (8) The net proceeds of the sale of the property, as
   59  received by the seller, after deduction of all of the usual and
   60  reasonable fees and costs of the sale, including the costs and
   61  expenses of financing, and allowance for unconventional or
   62  atypical terms of financing arrangements. When the net proceeds
   63  of the sale of any property are utilized, directly or
   64  indirectly, in the determination of just valuation of realty of
   65  the sold parcel or any other parcel under the provisions of this
   66  section, the property appraiser, for the purposes of such
   67  determination, shall exclude any portion of such net proceeds
   68  attributable to payments for household furnishings or other
   69  items of personal property.
   70         Section 3. Subsection (1) of section 193.015, Florida
   71  Statutes, is amended to read:
   72         193.015 Additional specific factor; effect of issuance or
   73  denial of permit to dredge, fill, or construct in state waters
   74  to their landward extent.—
   75         (1) If the Department of Environmental Protection issues or
   76  denies a permit to dredge, fill, or otherwise construct in or on
   77  waters of the state, as defined in chapter 403, to their
   78  landward extent as determined under s. 373.4211 s. 403.817(2),
   79  the property appraiser is expressly directed to consider the
   80  effect of that issuance or denial on the value of the property
   81  and any limitation that the issuance or denial may impose on the
   82  highest and best use of the property to its landward extent.
   83         Section 4. Section 193.017, Florida Statutes, is amended to
   84  read:
   85         193.017 Low-income housing tax credit.—Property used for
   86  affordable housing which has received a low-income housing tax
   87  credit from the Florida Housing Finance Corporation, as
   88  authorized by s. 420.5099, shall be assessed under s. 193.011
   89  and, consistent with s. 420.5099(5) and (6), pursuant to this
   90  section.
   91         (1) The tax credits granted and the financing generated by
   92  the tax credits may not be considered as income to the property.
   93         (2) The actual rental income from rent-restricted units in
   94  such a property shall be recognized by the property appraiser.
   95         (3) Any costs paid for by tax credits and costs paid for by
   96  additional financing proceeds received under chapter 420 may not
   97  be included in the valuation of the property.
   98         (4) If an extended low-income housing agreement is filed in
   99  the official public records of the county in which the property
  100  is located, the agreement, and any recorded amendment or
  101  supplement thereto, shall be considered a land-use regulation
  102  and a limitation on the highest and best use of the property
  103  during the term of the agreement, amendment, or supplement.
  104         Section 5. This act shall take effect January 1, 2010.