HB 261

1
A bill to be entitled
2An act relating to factors used in deriving just
3valuation; amending s. 193.011, F.S.; deleting a
4requirement that property appraisers consider the highest
5and best use of property as a factor in arriving at just
6valuation; requiring property appraisers to use only the
7income factor in arriving at just value of income-
8producing properties; amending ss. 192.011, 193.015, and
9193.017, F.S., to conform; providing application;
10providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 193.011, Florida Statutes, is amended
15to read:
16     193.011  Factors to consider in deriving just valuation.--
17     (1)  In arriving at just valuation as required under s. 4,
18Art. VII of the State Constitution, the property appraiser shall
19take into consideration the following factors:
20     (a)(1)  The present cash value of the property, which is
21the amount a willing purchaser would pay a willing seller,
22exclusive of reasonable fees and costs of purchase, in cash or
23the immediate equivalent thereof in a transaction at arm's
24length;
25     (b)(2)  The highest and best use to which the property can
26be expected to be put in the immediate future and the present
27use of the property, taking into consideration any applicable
28judicial limitation, local or state land use regulation, or
29historic preservation ordinance, and considering any moratorium
30imposed by executive order, law, ordinance, regulation,
31resolution, or proclamation adopted by any governmental body or
32agency or the Governor when the moratorium or judicial
33limitation prohibits or restricts the development or improvement
34of property as otherwise authorized by applicable law. The
35applicable governmental body or agency or the Governor shall
36notify the property appraiser in writing of any executive order,
37ordinance, regulation, resolution, or proclamation it adopts
38imposing any such limitation, regulation, or moratorium;
39     (c)(3)  The location of said property;
40     (d)(4)  The quantity or size of said property;
41     (e)(5)  The cost of said property and the present
42replacement value of any improvements thereon;
43     (f)(6)  The condition of said property;
44     (g)(7)  The income from said property; and
45     (h)(8)  The net proceeds of the sale of the property, as
46received by the seller, after deduction of all of the usual and
47reasonable fees and costs of the sale, including the costs and
48expenses of financing, and allowance for unconventional or
49atypical terms of financing arrangements. When the net proceeds
50of the sale of any property are utilized, directly or
51indirectly, in the determination of just valuation of realty of
52the sold parcel or any other parcel under the provisions of this
53section, the property appraiser, for the purposes of such
54determination, shall exclude any portion of such net proceeds
55attributable to payments for household furnishings or other
56items of personal property.
57     (2)  Notwithstanding the requirement that property
58appraisers consider all of the factors enumerated in subsection
59(1) in arriving at just valuation, property appraisers shall
60consider only the income from income-producing property in
61determining the just valuation of such property.
62     Section 2.  Section 192.011, Florida Statutes, is amended
63to read:
64     192.011  All property to be assessed.--The property
65appraiser shall assess all property located within the county,
66except inventory, whether such property is taxable, wholly or
67partially exempt, or subject to classification reflecting a
68value less than its just value at its present highest and best
69use. Extension on the tax rolls shall be made according to
70regulation promulgated by the department in order properly to
71reflect the general law. Streets, roads, and highways which have
72been dedicated to or otherwise acquired by a municipality, a
73county, or a state agency may be assessed, but need not be.
74     Section 3.  Subsection (1) of section 193.015, Florida
75Statutes, is amended to read:
76     193.015  Additional specific factor; effect of issuance or
77denial of permit to dredge, fill, or construct in state waters
78to their landward extent.--
79     (1)  If the Department of Environmental Protection issues
80or denies a permit to dredge, fill, or otherwise construct in or
81on waters of the state, as defined in chapter 403, to their
82landward extent as determined under s. 403.817(2), the property
83appraiser is expressly directed to consider the effect of that
84issuance or denial on the value of the property and any
85limitation that the issuance or denial may impose on the present
86highest and best use of the property to its landward extent.
87     Section 4.  Subsection (4) of section 193.017, Florida
88Statutes, is amended to read:
89     193.017  Low-income housing tax credit.--Property used for
90affordable housing which has received a low-income housing tax
91credit from the Florida Housing Finance Corporation, as
92authorized by s. 420.5099, shall be assessed under s. 193.011
93and, consistent with s. 420.5099(5) and (6), pursuant to this
94section.
95     (4)  If an extended low-income housing agreement is filed
96in the official public records of the county in which the
97property is located, the agreement, and any recorded amendment
98or supplement thereto, shall be considered a land-use regulation
99and a limitation on the present highest and best use of the
100property during the term of the agreement, amendment, or
101supplement.
102     Section 5.  This act shall take effect upon becoming a law
103and shall apply to assessments beginning January 1, 2008.


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