1 | A bill to be entitled |
2 | An act relating to residential property just valuation; |
3 | amending s. 193.011, F.S.; providing an alternative |
4 | methodology for deriving just valuation of residential |
5 | property; providing for retroactive application; providing |
6 | an effective date. |
7 |
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8 | Be It Enacted by the Legislature of the State of Florida: |
9 |
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10 | Section 1. Section 193.011, Florida Statutes, is amended |
11 | to read: |
12 | 193.011 Factors to consider in deriving just valuation.-- |
13 | (1) In arriving at just valuation as required under s. 4, |
14 | Art. VII of the State Constitution, the property appraiser shall |
15 | take into consideration the following factors: |
16 | (a)(1) The present cash value of the property, which is |
17 | the amount a willing purchaser would pay a willing seller, |
18 | exclusive of reasonable fees and costs of purchase, in cash or |
19 | the immediate equivalent thereof in a transaction at arm's |
20 | length; |
21 | (b)(2) The highest and best use to which the property can |
22 | be expected to be put in the immediate future and the present |
23 | use of the property, taking into consideration any applicable |
24 | judicial limitation, local or state land use regulation, or |
25 | historic preservation ordinance, and considering any moratorium |
26 | imposed by executive order, law, ordinance, regulation, |
27 | resolution, or proclamation adopted by any governmental body or |
28 | agency or the Governor when the moratorium or judicial |
29 | limitation prohibits or restricts the development or improvement |
30 | of property as otherwise authorized by applicable law. The |
31 | applicable governmental body or agency or the Governor shall |
32 | notify the property appraiser in writing of any executive order, |
33 | ordinance, regulation, resolution, or proclamation it adopts |
34 | imposing any such limitation, regulation, or moratorium; |
35 | (c)(3) The location of said property; |
36 | (d)(4) The quantity or size of said property; |
37 | (e)(5) The cost of said property and the present |
38 | replacement value of any improvements thereon; |
39 | (f)(6) The condition of said property; |
40 | (g)(7) The income from said property; and |
41 | (h)(8) The net proceeds of the sale of the property, as |
42 | received by the seller, after deduction of all of the usual and |
43 | reasonable fees and costs of the sale, including the costs and |
44 | expenses of financing, and allowance for unconventional or |
45 | atypical terms of financing arrangements. When the net proceeds |
46 | of the sale of any property are utilized, directly or |
47 | indirectly, in the determination of just valuation of realty of |
48 | the sold parcel or any other parcel under the provisions of this |
49 | section, the property appraiser, for the purposes of such |
50 | determination, shall exclude any portion of such net proceeds |
51 | attributable to payments for household furnishings or other |
52 | items of personal property. |
53 | (2) In lieu of the factors specified in subsection (1), in |
54 | arriving at just valuation of residential property as required |
55 | by s. 4, Art. VII of the State Constitution, the property |
56 | appraiser may consider the purchase price of the property, |
57 | exclusive of any portion of the price attributable to payments |
58 | for household furnishing or other items of personal property, |
59 | the assessed value of a comparable home in the same area that |
60 | has been continuously assessed as provided in s. 4(c), Art. VII |
61 | of the State Constitution for at least 5 years, and the assessed |
62 | value of a comparable home in the same area that has been |
63 | continuously assessed as provided in s. 4(c), Art. VII of the |
64 | State Constitution for at least 10 years, and use the average of |
65 | the three values as the just valuation. |
66 | Section 2. This act shall take effect upon becoming a law |
67 | and shall apply retroactively to assessments made for tax years |
68 | beginning January 1, 2002. |