HB 19D

1
A bill to be entitled
2An act relating to real property just value; amending s.
3193.011, F.S.; limiting the just value of real property
4determined by property appraisers; providing an effective
5date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Section 193.011, Florida Statutes, is amended
10to read:
11     193.011  Factors to consider in deriving just
12valuation.--In arriving at just valuation as required under s.
134, Art. VII of the State Constitution, the property appraiser
14shall take into consideration the following factors:
15     (1)  The present cash value of the property, which is the
16amount a willing purchaser would pay a willing seller, exclusive
17of reasonable fees and costs of purchase, in cash or the
18immediate equivalent thereof in a transaction at arm's length;
19     (2)  The highest and best use to which the property can be
20expected to be put in the immediate future and the present use
21of the property, taking into consideration any applicable
22judicial limitation, local or state land use regulation, or
23historic preservation ordinance, and considering any moratorium
24imposed by executive order, law, ordinance, regulation,
25resolution, or proclamation adopted by any governmental body or
26agency or the Governor when the moratorium or judicial
27limitation prohibits or restricts the development or improvement
28of property as otherwise authorized by applicable law. The
29applicable governmental body or agency or the Governor shall
30notify the property appraiser in writing of any executive order,
31ordinance, regulation, resolution, or proclamation it adopts
32imposing any such limitation, regulation, or moratorium;
33     (3)  The location of said property;
34     (4)  The quantity or size of said property;
35     (5)  The cost of said property and the present replacement
36value of any improvements thereon;
37     (6)  The condition of said property;
38     (7)  The income from said property; and
39     (8)  The net proceeds of the sale of the property, as
40received by the seller, after deduction of all of the usual and
41reasonable fees and costs of the sale, including the costs and
42expenses of financing, and allowance for unconventional or
43atypical terms of financing arrangements. When the net proceeds
44of the sale of any property are utilized, directly or
45indirectly, in the determination of just valuation of realty of
46the sold parcel or any other parcel under the provisions of this
47section, the property appraiser, for the purposes of such
48determination, shall exclude any portion of such net proceeds
49attributable to payments for household furnishings or other
50items of personal property.
51
52Notwithstanding the factors specified in this section or any
53rule of the Department of Revenue, the just value of any real
54property as determined by a property appraiser may not exceed 70
55percent of the market value of such property as determined by
56the Department of Revenue, reduced by any reasonable sales
57costs as determined by the property appraiser.
58     Section 2.  This act shall take effect upon becoming a law.


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