HB 473

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


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