October 17, 2019
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       Florida Senate - 2010                                    SB 2160
       
       
       
       By Senator Storms
       
       
       
       
       10-01757-10                                           20102160__
    1                        A bill to be entitled                      
    2         An act relating to real property assessment; creating
    3         s. 193.1552, F.S.; providing legislative intent;
    4         requiring property appraisers to adjust the assessed
    5         value of certain properties affected by defective
    6         building materials or construction techniques under
    7         certain circumstances; providing for a nominal just
    8         value of $0 under certain circumstances; providing for
    9         application to certain properties; providing for
   10         nonapplication to certain property owners; specifying
   11         certain remediation or repair as not being a change or
   12         improvement to property for certain purposes;
   13         prohibiting consideration of homestead property as
   14         abandoned under certain circumstances; providing for
   15         assessment of certain property after completion of
   16         remediation or repair; providing application;
   17         providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 193.1552, Florida Statutes, is created
   22  to read:
   23         193.1552 Assessment of properties affected by defective
   24  building materials or construction techniques.—
   25         (1) The Legislature intends to provide property tax relief
   26  to property owners that discover, after purchase, that the
   27  property was constructed using defective building materials or
   28  construction techniques that have a significant negative impact
   29  on the just value of their property and that include, but are
   30  not limited to, tainted imported drywall.
   31         (2) When a property appraiser determines that a property is
   32  affected by defective building materials or construction
   33  techniques and needs remediation to bring that property up to
   34  current building standards, the property appraiser shall adjust
   35  the assessed value of that property by taking into consideration
   36  the presence of the defective material or construction technique
   37  and the impact of that defect on the assessed value. If the
   38  building is not marketable without remediation or repair, the
   39  value of such remediation or repair shall be assessed at the
   40  nominal just value of $0.
   41         (3) This section applies only to properties in which:
   42         (a) A defective building product or construction technique
   43  was used in the construction of the property or an improvement
   44  to the property.
   45         (b) The defective product or construction technique has a
   46  significant negative impact on the just value of the property or
   47  improvement.
   48         (c) The purchaser was unaware of the defective product or
   49  construction technique at the time of purchase.
   50         (4) This section does not apply to property owners who were
   51  aware of the presence of a defective building material or
   52  construction technique at the time of purchase.
   53         (5) For the purpose of assessment limitations, remediation
   54  or repair shall not be considered a change or improvement to the
   55  property.
   56         (6) Homestead property shall not be considered abandoned
   57  when a homeowner vacates such property for the purpose of
   58  remediation and repair under this section, provided the
   59  homeowner does not establish a new homestead.
   60         (7) Upon the substantial completion of remediation and
   61  repairs, the property shall be assessed as if such defective
   62  building materials or construction techniques had not been
   63  present.
   64         Section 2. This act shall take effect upon becoming a law,
   65  and applies to the 2010 and subsequent assessment rolls.

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