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.