1 | A bill to be entitled |
2 | An act relating to real property assessment; creating s. |
3 | 193.1552, F.S.; providing legislative intent; requiring |
4 | property appraisers to adjust the assessed value of |
5 | certain properties affected by defective building |
6 | materials or construction techniques under certain |
7 | circumstances; providing for a nominal just value of $0 |
8 | under certain circumstances; providing for application to |
9 | certain properties; providing for nonapplication to |
10 | certain property owners; specifying certain remediation or |
11 | repair as not being a change or improvement to property |
12 | for certain purposes; prohibiting consideration of |
13 | homestead property as abandoned under certain |
14 | circumstances; providing for assessment of certain |
15 | property after completion of remediation or repair; |
16 | providing application; providing an effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. Section 193.1552, Florida Statutes, is created |
21 | to read: |
22 | 193.1552 Assessment of properties affected by defective |
23 | building materials or construction techniques.- |
24 | (1) The Legislature intends to provide property tax relief |
25 | to property owners that discover, after purchase, that the |
26 | property was constructed using defective building materials or |
27 | construction techniques that have a significant negative impact |
28 | on the just value of their property that include, but are not |
29 | limited to, tainted imported drywall. |
30 | (2) When a property appraiser determines that a property |
31 | is affected by defective building materials or construction |
32 | techniques and needs remediation to bring that property up to |
33 | current building standards, the property appraiser shall adjust |
34 | the assessed value of that property by taking into consideration |
35 | the presence of the defective material or construction technique |
36 | and the impact of that defect on the assessed value. If the |
37 | building is not marketable without remediation or repair, the |
38 | value of such remediation or repair shall be assessed at the |
39 | nominal just value of $0. |
40 | (3) This section applies only to properties in which: |
41 | (a) A defective building product or construction technique |
42 | was used in the construction of the property or an improvement |
43 | to the property. |
44 | (b) The defective product or construction technique has a |
45 | significant negative impact on the just value of the property or |
46 | improvement. |
47 | (c) The purchaser was unaware of the defective product or |
48 | construction technique at the time of purchase. |
49 | (4) This section does not apply to property owners who |
50 | were aware of the presence of a defective building material or |
51 | construction technique at the time of purchase. |
52 | (5) For the purpose of assessment limitations, remediation |
53 | or repair shall not be considered a change or improvement to the |
54 | property. |
55 | (6) Homestead property shall not be considered abandoned |
56 | when a homeowner vacates such property for the purpose of |
57 | remediation and repair under this section, provided the |
58 | homeowner does not establish a new homestead. |
59 | (7) Upon the substantial completion of remediation and |
60 | repairs, the property shall be assessed as if such defective |
61 | building materials or construction techniques had not been |
62 | present. |
63 | Section 2. This act shall take effect upon becoming a law |
64 | and shall apply to the 2010 and subsequent assessment rolls. |