1 | A bill to be entitled |
2 | An act relating to just valuation of real property; |
3 | amending ss. 192.011, 193.011, 193.015, and 193.017, F.S.; |
4 | deleting requirements for property appraisers to consider |
5 | the highest and best use of property in determining just |
6 | valuation; providing applicability; providing an effective |
7 | date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Section 192.011, Florida Statutes, is amended |
12 | to read: |
13 | 192.011 All property to be assessed.--The property |
14 | appraiser shall assess all property located within the county, |
15 | except inventory, whether such property is taxable, wholly or |
16 | partially exempt, or subject to classification reflecting a |
17 | value less than its just value at its present highest and best |
18 | use. Extension on the tax rolls shall be made according to |
19 | regulation promulgated by the department in order properly to |
20 | reflect the general law. Streets, roads, and highways which have |
21 | been dedicated to or otherwise acquired by a municipality, a |
22 | county, or a state agency may be assessed, but need not be. |
23 | Section 2. Subsection (2) of section 193.011, Florida |
24 | Statutes, is amended to read: |
25 | 193.011 Factors to consider in deriving just |
26 | valuation.--In arriving at just valuation as required under s. |
27 | 4, Art. VII of the State Constitution, the property appraiser |
28 | shall take into consideration the following factors: |
29 | (2) The highest and best use to which the property can be |
30 | expected to be put in the immediate future and the present use |
31 | of the property, taking into consideration any applicable |
32 | judicial limitation, local or state land use regulation, or |
33 | historic preservation ordinance, and considering any moratorium |
34 | imposed by executive order, law, ordinance, regulation, |
35 | resolution, or proclamation adopted by any governmental body or |
36 | agency or the Governor when the moratorium or judicial |
37 | limitation prohibits or restricts the development or improvement |
38 | of property as otherwise authorized by applicable law. The |
39 | applicable governmental body or agency or the Governor shall |
40 | notify the property appraiser in writing of any executive order, |
41 | ordinance, regulation, resolution, or proclamation it adopts |
42 | imposing any such limitation, regulation, or moratorium; |
43 | Section 3. Subsection (1) of section 193.015, Florida |
44 | Statutes, is amended to read: |
45 | 193.015 Additional specific factor; effect of issuance or |
46 | denial of permit to dredge, fill, or construct in state waters |
47 | to their landward extent.-- |
48 | (1) If the Department of Environmental Protection issues |
49 | or denies a permit to dredge, fill, or otherwise construct in or |
50 | on waters of the state, as defined in chapter 403, to their |
51 | landward extent as determined under s. 403.817(2), the property |
52 | appraiser is expressly directed to consider the effect of that |
53 | issuance or denial on the value of the property and any |
54 | limitation that the issuance or denial may impose on the highest |
55 | and best use of the property to its landward extent. |
56 | Section 4. Subsection (4) of section 193.017, Florida |
57 | Statutes, is amended to read: |
58 | 193.017 Low-income housing tax credit.--Property used for |
59 | affordable housing which has received a low-income housing tax |
60 | credit from the Florida Housing Finance Corporation, as |
61 | authorized by s. 420.5099, shall be assessed under s. 193.011 |
62 | and, consistent with s. 420.5099(5) and (6), pursuant to this |
63 | section. |
64 | (4) If an extended low-income housing agreement is filed |
65 | in the official public records of the county in which the |
66 | property is located, the agreement, and any recorded amendment |
67 | or supplement thereto, shall be considered a land-use regulation |
68 | and a limitation on the highest and best use of the property |
69 | during the term of the agreement, amendment, or supplement. |
70 | Section 5. This act shall take effect upon becoming a law |
71 | and shall apply to assessments for tax years beginning January |
72 | 1, 2008. |