1 | A bill to be entitled |
2 | An act relating to real property just value; amending s. |
3 | 193.011, F.S.; limiting the just value of real property |
4 | determined by property appraisers; providing an effective |
5 | date. |
6 |
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7 | Be It Enacted by the Legislature of the State of Florida: |
8 |
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9 | Section 1. Section 193.011, Florida Statutes, is amended |
10 | to read: |
11 | 193.011 Factors to consider in deriving just |
12 | valuation.--In arriving at just valuation as required under s. |
13 | 4, Art. VII of the State Constitution, the property appraiser |
14 | shall take into consideration the following factors: |
15 | (1) The present cash value of the property, which is the |
16 | amount a willing purchaser would pay a willing seller, exclusive |
17 | of reasonable fees and costs of purchase, in cash or the |
18 | immediate equivalent thereof in a transaction at arm's length; |
19 | (2) The highest and best use to which the property can be |
20 | expected to be put in the immediate future and the present use |
21 | of the property, taking into consideration any applicable |
22 | judicial limitation, local or state land use regulation, or |
23 | historic preservation ordinance, and considering any moratorium |
24 | imposed by executive order, law, ordinance, regulation, |
25 | resolution, or proclamation adopted by any governmental body or |
26 | agency or the Governor when the moratorium or judicial |
27 | limitation prohibits or restricts the development or improvement |
28 | of property as otherwise authorized by applicable law. The |
29 | applicable governmental body or agency or the Governor shall |
30 | notify the property appraiser in writing of any executive order, |
31 | ordinance, regulation, resolution, or proclamation it adopts |
32 | imposing 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 |
36 | value 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 |
40 | received by the seller, after deduction of all of the usual and |
41 | reasonable fees and costs of the sale, including the costs and |
42 | expenses of financing, and allowance for unconventional or |
43 | atypical terms of financing arrangements. When the net proceeds |
44 | of the sale of any property are utilized, directly or |
45 | indirectly, in the determination of just valuation of realty of |
46 | the sold parcel or any other parcel under the provisions of this |
47 | section, the property appraiser, for the purposes of such |
48 | determination, shall exclude any portion of such net proceeds |
49 | attributable to payments for household furnishings or other |
50 | items of personal property. |
51 |
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52 | Notwithstanding the factors specified in this section or any |
53 | rule of the Department of Revenue, the just value of any real |
54 | property as determined by a property appraiser may not exceed 70 |
55 | percent of the market value of such property as determined by |
56 | the Department of Revenue, reduced by any reasonable sales |
57 | costs as determined by the property appraiser. |
58 | Section 2. This act shall take effect upon becoming a law. |