November 11, 2019
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_h0965__
HB 965

1
A bill to be entitled
2An act relating to real property assessment; creating s.
3193.1552, F.S.; providing legislative intent; requiring
4property appraisers to adjust the assessed value of
5certain properties affected by defective building
6materials or construction techniques under certain
7circumstances; providing for a nominal just value of $0
8under certain circumstances; providing for application to
9certain properties; providing for nonapplication to
10certain property owners; specifying certain remediation or
11repair as not being a change or improvement to property
12for certain purposes; prohibiting consideration of
13homestead property as abandoned under certain
14circumstances; providing for assessment of certain
15property after completion of remediation or repair;
16providing application; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 193.1552, Florida Statutes, is created
21to read:
22     193.1552  Assessment of properties affected by defective
23building materials or construction techniques.-
24     (1)  The Legislature intends to provide property tax relief
25to property owners that discover, after purchase, that the
26property was constructed using defective building materials or
27construction techniques that have a significant negative impact
28on the just value of their property that include, but are not
29limited to, tainted imported drywall.
30     (2)  When a property appraiser determines that a property
31is affected by defective building materials or construction
32techniques and needs remediation to bring that property up to
33current building standards, the property appraiser shall adjust
34the assessed value of that property by taking into consideration
35the presence of the defective material or construction technique
36and the impact of that defect on the assessed value. If the
37building is not marketable without remediation or repair, the
38value of such remediation or repair shall be assessed at the
39nominal just value of $0.
40     (3)  This section applies only to properties in which:
41     (a)  A defective building product or construction technique
42was used in the construction of the property or an improvement
43to the property.
44     (b)  The defective product or construction technique has a
45significant negative impact on the just value of the property or
46improvement.
47     (c)  The purchaser was unaware of the defective product or
48construction technique at the time of purchase.
49     (4)  This section does not apply to property owners who
50were aware of the presence of a defective building material or
51construction technique at the time of purchase.
52     (5)  For the purpose of assessment limitations, remediation
53or repair shall not be considered a change or improvement to the
54property.
55     (6)  Homestead property shall not be considered abandoned
56when a homeowner vacates such property for the purpose of
57remediation and repair under this section, provided the
58homeowner does not establish a new homestead.
59     (7)  Upon the substantial completion of remediation and
60repairs, the property shall be assessed as if such defective
61building materials or construction techniques had not been
62present.
63     Section 2.  This act shall take effect upon becoming a law
64and shall apply to the 2010 and subsequent assessment rolls.


CODING: Words stricken are deletions; words underlined are additions.
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