Florida Senate - 2011                                    SB 1796
       
       
       
       By Senator Altman
       
       
       
       
       24-00640A-11                                          20111796__
    1                        A bill to be entitled                      
    2         An act relating to the assessment of real property for
    3         ad valorem taxation; amending s. 193.011, F.S.;
    4         requiring a property appraiser to consider sales
    5         completed during a specified period after the
    6         assessment date in determining just valuation of real
    7         property under certain circumstances; providing an
    8         effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 193.011, Florida Statutes, is amended to
   13  read:
   14         193.011 Factors to consider in deriving just valuation.—In
   15  arriving at just valuation as required under s. 4, Art. VII of
   16  the State Constitution, the property appraiser must consider
   17  shall take into consideration the following factors:
   18         (1) The present cash value of the property, which is the
   19  amount a willing purchaser would pay a willing seller, exclusive
   20  of reasonable fees and costs of purchase, in cash or the
   21  immediate equivalent thereof in a transaction at arm’s length.;
   22         (2) The highest and best use to which the property can be
   23  expected to be put in the immediate future and the present use
   24  of the property, taking into consideration the legally
   25  permissible use of the property, including any applicable
   26  judicial limitation, local or state land use regulation, or
   27  historic preservation ordinance, and any zoning changes,
   28  concurrency requirements, and permits necessary to achieve the
   29  highest and best use, and considering any moratorium imposed by
   30  executive order, law, ordinance, regulation, resolution, or
   31  proclamation adopted by any governmental body or agency or the
   32  Governor if when the moratorium or judicial limitation prohibits
   33  or restricts the development or improvement of property as
   34  otherwise authorized by applicable law. The applicable
   35  governmental body or agency or the Governor shall notify the
   36  property appraiser in writing of any executive order, ordinance,
   37  regulation, resolution, or proclamation it adopts imposing any
   38  such limitation, regulation, or moratorium.;
   39         (3) The location of said property.;
   40         (4) The quantity or size of said property.;
   41         (5) The cost of said property and the present replacement
   42  value of any improvements thereon.;
   43         (6) The condition of said property.;
   44         (7) The income from said property.; and
   45         (8) The net proceeds of the sale of the property, as
   46  received by the seller, after deduction of all of the usual and
   47  reasonable fees and costs of the sale, including the costs and
   48  expenses of financing, and allowance for unconventional or
   49  atypical terms of financing arrangements. If When the net
   50  proceeds of the sale of any property are used utilized, directly
   51  or indirectly, in the determination of just valuation of realty
   52  of the sold parcel or any other parcel under the provisions of
   53  this section, the property appraiser, for the purposes of such
   54  determination, shall exclude any portion of such net proceeds
   55  attributable to payments for household furnishings or other
   56  items of personal property.
   57         (9) The net proceeds of the sale of properties sold by
   58  March 31 in the year of assessment if:
   59         (a) The net proceeds of the sales are reasonable evidence
   60  of the value of properties on January 1; and
   61         (b) The value of real property is declining in the area
   62  where the properties were sold.
   63         Section 2. This act shall take effect July 1, 2011.