HB 163

1
A bill to be entitled
2An act relating to just valuation of real property;
3amending ss. 192.011, 193.011, 193.015, and 193.017, F.S.;
4deleting requirements for property appraisers to consider
5the highest and best use of property in determining just
6valuation; providing applicability; providing an effective
7date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Section 192.011, Florida Statutes, is amended
12to read:
13     192.011  All property to be assessed.--The property
14appraiser shall assess all property located within the county,
15except inventory, whether such property is taxable, wholly or
16partially exempt, or subject to classification reflecting a
17value less than its just value at its present highest and best
18use. Extension on the tax rolls shall be made according to
19regulation promulgated by the department in order properly to
20reflect the general law. Streets, roads, and highways which have
21been dedicated to or otherwise acquired by a municipality, a
22county, or a state agency may be assessed, but need not be.
23     Section 2.  Subsection (2) of section 193.011, Florida
24Statutes, is amended to read:
25     193.011  Factors to consider in deriving just
26valuation.--In arriving at just valuation as required under s.
274, Art. VII of the State Constitution, the property appraiser
28shall take into consideration the following factors:
29     (2)  The highest and best use to which the property can be
30expected to be put in the immediate future and the present use
31of the property, taking into consideration any applicable
32judicial limitation, local or state land use regulation, or
33historic preservation ordinance, and considering any moratorium
34imposed by executive order, law, ordinance, regulation,
35resolution, or proclamation adopted by any governmental body or
36agency or the Governor when the moratorium or judicial
37limitation prohibits or restricts the development or improvement
38of property as otherwise authorized by applicable law. The
39applicable governmental body or agency or the Governor shall
40notify the property appraiser in writing of any executive order,
41ordinance, regulation, resolution, or proclamation it adopts
42imposing any such limitation, regulation, or moratorium;
43     Section 3.  Subsection (1) of section 193.015, Florida
44Statutes, is amended to read:
45     193.015  Additional specific factor; effect of issuance or
46denial of permit to dredge, fill, or construct in state waters
47to their landward extent.--
48     (1)  If the Department of Environmental Protection issues
49or denies a permit to dredge, fill, or otherwise construct in or
50on waters of the state, as defined in chapter 403, to their
51landward extent as determined under s. 403.817(2), the property
52appraiser is expressly directed to consider the effect of that
53issuance or denial on the value of the property and any
54limitation that the issuance or denial may impose on the highest
55and best use of the property to its landward extent.
56     Section 4.  Subsection (4) of section 193.017, Florida
57Statutes, is amended to read:
58     193.017  Low-income housing tax credit.--Property used for
59affordable housing which has received a low-income housing tax
60credit from the Florida Housing Finance Corporation, as
61authorized by s. 420.5099, shall be assessed under s. 193.011
62and, consistent with s. 420.5099(5) and (6), pursuant to this
63section.
64     (4)  If an extended low-income housing agreement is filed
65in the official public records of the county in which the
66property is located, the agreement, and any recorded amendment
67or supplement thereto, shall be considered a land-use regulation
68and a limitation on the highest and best use of the property
69during the term of the agreement, amendment, or supplement.
70     Section 5.  This act shall take effect upon becoming a law
71and shall apply to assessments for tax years beginning January
721, 2008.


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