Bill Text: FL S0686 | 2012 | Regular Session | Introduced

Florida Senate Bill 686 (Prior Session Legislation)

Introduced

Bill Title: Ad Valorem Taxation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-11-15 - Withdrawn prior to introduction -SJ 58 [S0686 Detail]

Download: Florida-2012-S0686-Introduced.html

       Florida Senate - 2012                                     SB 686
       
       
       
       By Senator Bennett
       
       
       
       
       21-00519-12                                            2012686__
    1                        A bill to be entitled                      
    2         An act relating to ad valorem taxation; amending s.
    3         193.011, F.S.; revising the factors that a property
    4         appraiser must use in deriving the just valuation of
    5         property for the purposes of ad valorem taxation;
    6         amending s. 194.011, F.S.; requiring the Department of
    7         Revenue to adopt policies and procedures by rule to be
    8         used by property appraisers in proceedings before a
    9         value adjustment board; 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 and apply the following factors, if applicable:
   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 a transaction at arm’s length;
   23         (2) The highest and best use to which the property can be
   24  expected to be put in the immediate future and the present use
   25  of the property. The present value of the property shall be the
   26  primary factor considered in deriving the just value for
   27  assessment purposes. This determination must take, taking into
   28  consideration the legally permissible use of the property,
   29  including any applicable judicial limitation, local or state
   30  land use regulation, or historic preservation ordinance, and any
   31  zoning changes, concurrency requirements, and permits necessary
   32  to achieve the highest and best use, and considering any
   33  moratorium imposed by executive order, law, ordinance,
   34  regulation, resolution, or proclamation adopted by any
   35  governmental body or agency or the Governor when the moratorium
   36  or judicial limitation prohibits or restricts the development or
   37  improvement of property as otherwise authorized by applicable
   38  law. The applicable governmental body or agency or the Governor
   39  shall notify the property appraiser in writing of any executive
   40  order, ordinance, regulation, resolution, or proclamation it
   41  adopts imposing any such limitation, regulation, or moratorium;
   42         (3) The location of the said property;
   43         (4) The quantity or size of the said property;
   44         (5) The cost of the said property, including the value of
   45  the underlying land, and the present replacement value of any
   46  improvements on the land, taking into consideration any
   47  depreciation or obsolescence of the improvements thereon;
   48         (6) The condition of the said property;
   49         (7) The income from the said property; and
   50         (8) The net proceeds of the sale of the property, as
   51  received by the seller, after deduction of all of the usual and
   52  reasonable fees and costs of the sale, including the costs and
   53  expenses of financing, and allowance for unconventional or
   54  atypical terms of financing arrangements. If When the net
   55  proceeds of the sale of any property are used utilized, directly
   56  or indirectly, in the determination of just valuation of realty
   57  of the sold parcel or any other parcel under the provisions of
   58  this section, the property appraiser, for the purposes of such
   59  determination, shall exclude any portion of the such net
   60  proceeds attributable to payments for household furnishings or
   61  other items of personal property.
   62         Section 2. Subsection (5) of section 194.011, Florida
   63  Statutes, is amended to read:
   64         194.011 Assessment notice; objections to assessments.—
   65         (5)(a) The department shall by rule prescribe uniform
   66  procedures for hearings before the value adjustment board which
   67  include requiring:
   68         1. Procedures for the exchange of information and evidence
   69  by the property appraiser and the petitioner consistent with s.
   70  194.032.
   71         2. That the value adjustment board hold an organizational
   72  meeting for the purpose of making these procedures available to
   73  petitioners.
   74         (b) The department shall develop a uniform policies and
   75  procedures manual that shall be used by value adjustment boards,
   76  special magistrates, property appraisers, and taxpayers in
   77  proceedings before value adjustment boards. The manual shall be
   78  made available, at a minimum, on the department’s website and on
   79  the existing websites of the clerks of circuit courts.
   80         Section 3. This act shall take effect July 1, 2012.