Florida Senate - 2022 SB 572 By Senator Garcia 37-00717-22 2022572__ 1 A bill to be entitled 2 An act relating to property appraisers; amending s. 3 193.011, F.S.; revising factors that a property 4 appraiser must consider in deriving just valuation; 5 amending s. 194.036, F.S.; revising the thresholds for 6 variance in assessed value which allow a property 7 appraiser to appeal decisions of the value adjustment 8 board; providing an 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: 14 193.011Factors 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 shall take into 17 consideration all of 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 arms 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 property 25 appraisers valuation must be based on the legally permissible 26 use of the property, including as of the assessment date, as 27 limited by any applicable judicial limitation, local or state 28 land use regulation, or historic preservation ordinance, and any 29 zoning changes, concurrency requirements, or and permits 30 necessary to achieve the highest and best use, and considering 31 any moratorium imposed by executive order, law, ordinance, 32 regulation, resolution, or proclamation adopted by any 33 governmental body or agency or the Governor when the moratorium 34 or judicial limitation prohibits or restricts the development or 35 improvement of property as otherwise authorized by applicable 36 law. The applicable governmental body or agency or the Governor 37 shall notify the property appraiser in writing of any executive 38 order, ordinance, regulation, resolution, or proclamation it 39 adopts imposing any such limitation, regulation, or moratorium. 40 The property appraiser may not consider the highest and best use 41 if the necessary zoning changes, concurrency requirements, or 42 permits to achieve the highest and best use are not in place on 43 January 1 of the assessment year.; 44 (3)The location of the said property.; 45 (4)The quantity or size of the said property.; 46 (5)The cost of the said property and the present 47 replacement value of any 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. When the net proceeds 55 of the sale of any property are utilized, directly or 56 indirectly, in the determination of just valuation of realty of 57 the sold parcel or any other parcel under the provisions of this 58 section, the property appraiser, for the purposes of such 59 determination, shall exclude any portion of such net proceeds 60 attributable to payments for household furnishings or other 61 items of personal property. 62 Section 2.Subsection (1) of section 194.036, Florida 63 Statutes, is amended to read: 64 194.036Appeals.Appeals of the decisions of the board 65 shall be as follows: 66 (1)If the property appraiser disagrees with the decision 67 of the board, he or she may appeal the decision to the circuit 68 court if one or more of the following criteria are met: 69 (a)The property appraiser determines and affirmatively 70 asserts in any legal proceeding that there is a specific 71 constitutional or statutory violation, or a specific violation 72 of administrative rules, in the decision of the board, except 73 that nothing herein authorizes shall authorize the property 74 appraiser to institute any suit to challenge the validity of any 75 portion of the constitution or of any duly enacted legislative 76 act of this state; 77 (b)There is a variance from the property appraisers 78 assessed value in excess of the following: 25 15 percent 79 variance from any assessment of $50,000 or less; 20 10 percent 80 variance from any assessment in excess of $50,000 but not in 81 excess of $500,000; 17.5 7.5 percent variance from any 82 assessment in excess of $500,000 but not in excess of $1 83 million; or 15 5 percent variance from any assessment in excess 84 of $1 million; or 85 (c)There is an assertion by the property appraiser to the 86 Department of Revenue that there exists a consistent and 87 continuous violation of the intent of the law or administrative 88 rules by the value adjustment board in its decisions. The 89 property appraiser shall notify the department of those portions 90 of the tax roll for which the assertion is made. The department 91 shall thereupon notify the clerk of the board who shall, within 92 15 days of the notification by the department, send the written 93 decisions of the board to the department. Within 30 days of the 94 receipt of the decisions by the department, the department shall 95 notify the property appraiser of its decision relative to 96 further judicial proceedings. If the department finds upon 97 investigation that a consistent and continuous violation of the 98 intent of the law or administrative rules by the board has 99 occurred, it must shall so inform the property appraiser, who 100 may thereupon bring suit in circuit court against the value 101 adjustment board for injunctive relief to prohibit continuation 102 of the violation of the law or administrative rules and for a 103 mandatory injunction to restore the tax roll to its just value 104 in such amount as determined by judicial proceeding. However, 105 when a final judicial decision is rendered as a result of an 106 appeal filed pursuant to this paragraph which alters or changes 107 an assessment of a parcel of property of any taxpayer not a 108 party to such procedure, such taxpayer shall have 60 days after 109 from the date of the final judicial decision to file an action 110 to contest such altered or changed assessment pursuant to s. 111 194.171(1), and the provisions of s. 194.171(2) may shall not 112 bar such action. 113 Section 3.This act shall take effect July 1, 2022.