November 16, 2019
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_h0965c1
CS/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 tainted imported drywall
6under certain circumstances; providing for a nominal just
7value of $0 under certain circumstances; providing for
8application to certain properties; providing for
9nonapplication to certain property owners; specifying
10certain remediation or repair as not being a change or
11improvement to property for certain purposes; prohibiting
12consideration of homestead property as abandoned under
13certain circumstances; providing for assessment of certain
14property after completion of remediation or repair;
15providing application; providing for future repeal unless
16reviewed and reenacted; 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 tainted
23imported drywall.-
24     (1)  The Legislature intends to provide property tax relief
25to property owners who discover, after purchase, that the
26property was constructed using tainted imported drywall that has
27a significant negative impact on the just value of their
28property.
29     (2)  When a property appraiser determines that a property
30is affected by tainted imported drywall and needs remediation to
31bring that property up to current building standards, the
32property appraiser shall adjust the assessed value of that
33property by taking into consideration the presence of the
34tainted imported drywall and the impact of such drywall on the
35assessed value. If the building is not marketable without
36remediation or repair, the value of such building shall be
37assessed at the nominal just value of $0.
38     (3)  This section applies only to properties in which:
39     (a)  Tainted imported drywall was used in the construction
40of the property or an improvement to the property.
41     (b)  The tainted imported drywall has a significant
42negative impact on the just value of the property or
43improvement.
44     (c)  The purchaser was unaware of the tainted imported
45drywall at the time of purchase.
46     (4)  This section does not apply to property owners who
47were aware of the presence of tainted imported drywall at the
48time of purchase.
49     (5)  For the purpose of assessment limitations, remediation
50or repair shall not be considered a change or improvement to the
51property.
52     (6)  Homestead property shall not be considered abandoned
53when a homeowner vacates such property for the purpose of
54remediation and repair under this section, provided the
55homeowner does not establish a new homestead.
56     (7)  Upon the substantial completion of remediation and
57repairs, the property shall be assessed as if such tainted
58imported drywall had not been present.
59     (8)  This section is repealed July 1, 2017, unless reviewed
60and reenacted by the Legislature on or before that date.
61     Section 2.  This act shall take effect upon becoming a law
62and shall apply to the 2010 and subsequent assessment rolls.


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