Florida Senate - 2008 SB 812
By Senator Storms
10-00447-08 2008812__
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A bill to be entitled
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An act relating to the appraisal of property; amending s.
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193.011, F.S.; deleting a requirement that the property
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appraiser consider the property's highest and best use
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when determining the just value of the property; amending
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provisions; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 192.011, Florida Statutes, is amended to
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read:
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192.011 All property to be assessed.--The property
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appraiser shall assess all property located within the county,
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except inventory, whether such property is taxable or, wholly or
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partially exempt, or subject to classification reflecting a value
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less than its just value at its present highest and best use.
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Extension on the tax rolls shall be made according to rules
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adopted regulation promulgated by the department in order
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properly to reflect the general law. Streets, roads, and
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highways that which have been dedicated to or otherwise acquired
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by a municipality, a county, or a state agency may be assessed,
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but need not be.
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Section 2. Section 193.011, Florida Statutes, is amended to
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read:
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193.011 Factors to consider in deriving just valuation.--In
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arriving at just valuation as required under s. 4, Art. VII of
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the State Constitution, the property appraiser shall take into
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consideration the following factors:
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(1) The present cash value of the property, which is the
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amount a willing purchaser would pay a willing seller, exclusive
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of reasonable fees and costs of purchase, in cash or the
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immediate equivalent thereof in a transaction at arm's length;
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(2) The highest and best use to which the property can be
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expected to be put in the immediate future and the present use of
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the property, taking into consideration any applicable judicial
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limitation, local or state land use regulation, or historic
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preservation ordinance, and considering any moratorium imposed by
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executive order, law, ordinance, regulation, resolution, or
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proclamation adopted by any governmental body or agency or the
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Governor when the moratorium or judicial limitation prohibits or
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restricts the development or improvement of property as otherwise
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authorized by applicable law. The applicable governmental body or
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agency or the Governor shall notify the property appraiser in
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writing of any executive order, ordinance, regulation,
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resolution, or proclamation it adopts imposing any such
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limitation, regulation, or moratorium;
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(3) The location of said property;
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(4) The quantity or size of said property;
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(5) The cost of said property and the present replacement
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value of any improvements thereon;
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(6) The condition of said property;
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(7) The income from said property; and
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(8) The net proceeds of the sale of the property, as
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received by the seller, after deduction of all of the usual and
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reasonable fees and costs of the sale, including the costs and
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expenses of financing, and allowance for unconventional or
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atypical terms of financing arrangements. When the net proceeds
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of the sale of any property are utilized, directly or indirectly,
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in the determination of just valuation of realty of the sold
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parcel or any other parcel under the provisions of this section,
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the property appraiser, for the purposes of such determination,
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shall exclude any portion of such net proceeds attributable to
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payments for household furnishings or other items of personal
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property.
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Section 3. Subsection (1) of section 193.015, Florida
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Statutes, is amended to read:
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193.015 Additional specific factor; effect of issuance or
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denial of permit to dredge, fill, or construct in state waters to
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their landward extent.--
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(1) If the Department of Environmental Protection issues or
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denies a permit to dredge, fill, or otherwise construct in or on
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waters of the state, as defined in chapter 403, to their landward
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extent as determined under s. 373.4211 s. 403.817(2), the
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property appraiser is expressly directed to consider the effect
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of that issuance or denial on the value of the property and any
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limitation that the issuance or denial may impose on the highest
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and best use of the property to its landward extent.
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Section 4. Subsection (4) of section 193.017, Florida
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Statutes, is amended to read:
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193.017 Low-income housing tax credit.--Property used for
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affordable housing which has received a low-income housing tax
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credit from the Florida Housing Finance Corporation, as
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and, consistent with s. 420.5099(5) and (6), pursuant to this
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section.
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(4) If an extended low-income housing agreement is filed in
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the official public records of the county in which the property
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is located, the agreement, and any recorded amendment or
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supplement thereto, shall be considered a land-use regulation and
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a limitation on the highest and best use of the property during
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the term of the agreement, amendment, or supplement.
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Section 5. This act shall take effect January 1, 2009.
CODING: Words stricken are deletions; words underlined are additions.