Florida Senate - 2012                                     SB 928
       
       
       
       By Senator Altman
       
       
       
       
       24-00533-12                                            2012928__
    1                        A bill to be entitled                      
    2         An act relating to property assessments; amending s.
    3         193.011, F.S.; revising the factors that a property
    4         appraiser must consider when deriving the just
    5         valuation of property; providing conditions and
    6         limitations relating to a property appraiser’s use of
    7         certain property transactions to arrive at just
    8         valuation of property; providing for retroactive
    9         application; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 193.011, Florida Statutes, is amended to
   14  read:
   15         193.011 Factors to consider in deriving just valuation.—In
   16  arriving at just valuation as required under s. 4, Art. VII of
   17  the State Constitution, the property appraiser shall take into
   18  consideration the following factors:
   19         (1) The present cash value of the property, which is the
   20  amount a willing purchaser would pay a willing seller, exclusive
   21  of reasonable fees and costs of purchase, in cash or the
   22  immediate equivalent thereof in open market transactions or
   23  transactions a transaction at arm’s length which have occurred
   24  in good faith between unrelated or unaffiliated parties,
   25  including, but not limited to, a distress sale, short sale, bank
   26  sale, or sale at public auction. The property appraiser shall
   27  exercise discretion in using all open market transactions and
   28  shall use such transactions only if the transactions, in the
   29  opinion of the property appraiser, constitute a sufficient
   30  number as to affect market value within any specific
   31  geographical area;
   32         (2) The highest and best use to which the property can be
   33  expected to be put in the immediate future and the present use
   34  of the property, taking into consideration the legally
   35  permissible use of the property, including any applicable
   36  judicial limitation, local or state land use regulation, or
   37  historic preservation ordinance, and any zoning changes,
   38  concurrency requirements, and permits necessary to achieve the
   39  highest and best use, and considering any moratorium imposed by
   40  executive order, law, ordinance, regulation, resolution, or
   41  proclamation adopted by any governmental body or agency or the
   42  Governor when the moratorium or judicial limitation prohibits or
   43  restricts the development or improvement of property as
   44  otherwise authorized by applicable law. The applicable
   45  governmental body or agency or the Governor shall notify the
   46  property appraiser in writing of any executive order, ordinance,
   47  regulation, resolution, or proclamation it adopts imposing any
   48  such limitation, regulation, or moratorium;
   49         (3) The location of said property;
   50         (4) The quantity or size of said property;
   51         (5) The cost of said property and the present replacement
   52  value of any improvements thereon;
   53         (6) The condition of said property;
   54         (7) The income from said property; and
   55         (8) The net proceeds of the sale of the property, as
   56  received by the seller, after deduction of all of the usual and
   57  reasonable fees and costs of the sale, including the costs and
   58  expenses of financing, and allowance for unconventional or
   59  atypical terms of financing arrangements. When the net proceeds
   60  of the sale of any property are utilized, directly or
   61  indirectly, in the determination of just valuation of realty of
   62  the sold parcel or any other parcel under the provisions of this
   63  section, the property appraiser, for the purposes of such
   64  determination, shall exclude any portion of such net proceeds
   65  attributable to payments for household furnishings or other
   66  items of personal property.
   67         Section 2. This act shall take effect upon becoming a law
   68  and shall apply retroactively to January 1, 2012.