May 24, 2019
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       Florida Senate - 2010                             CS for SB 2160
       
       
       
       By the Committee on Finance and Tax; and Senators Storms and
       Crist
       
       
       
       593-04255-10                                          20102160c1
    1                        A bill to be entitled                      
    2         An act relating to real property assessment; creating
    3         s. 193.1552, F.S.; providing a definition; requiring
    4         property appraisers to adjust the assessed value of
    5         certain properties affected by imported drywall under
    6         certain circumstances; providing for a nominal just
    7         value of $0 under certain circumstances; providing for
    8         application to certain properties; providing for
    9         nonapplication to certain property owners; specifying
   10         homestead property as damaged for certain purposes;
   11         prohibiting consideration of homestead property as
   12         abandoned under certain circumstances; providing for
   13         assessment of certain property after completion of
   14         remediation or repair; providing for future repeal
   15         unless reviewed and reenacted; providing for
   16         application; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 193.1552, Florida Statutes, is created
   21  to read:
   22         193.1552 Assessment of properties affected by imported
   23  drywall.—
   24         (1) As used in this section, the term “imported drywall”
   25  means drywall that contains elevated levels of elemental sulfur
   26  that results in corrosion of certain metals.
   27         (2) When a property appraiser determines that a single
   28  family residential property is affected by imported drywall and
   29  needs remediation to bring that property up to current building
   30  standards, the property appraiser shall adjust the assessed
   31  value of that property by taking into consideration the presence
   32  of the imported drywall and the impact of such drywall on the
   33  assessed value. If the building cannot be used for its intended
   34  purpose without remediation or repair, the value of such
   35  building shall be assessed at the nominal just value of $0.
   36         (3) This section applies only to properties in which:
   37         (a) Imported drywall was used in the construction of the
   38  property or an improvement to the property.
   39         (b) The imported drywall has a significant negative impact
   40  on the just value of the property or improvement.
   41         (c) The purchaser was unaware of the imported drywall at
   42  the time of purchase.
   43         (4) This section does not apply to property owners who were
   44  aware of the presence of imported drywall at the time of
   45  purchase.
   46         (5) Homestead property to which this section applies shall
   47  be considered damaged by misfortune or calamity under s.
   48  193.155(4)(b), except that the 3-year deadline does not apply.
   49         (6) Homestead property shall not be considered abandoned
   50  when a homeowner vacates such property for the purpose of
   51  remediation and repair under this section, provided the
   52  homeowner does not establish a new homestead.
   53         (7) Upon the substantial completion of remediation and
   54  repairs, the property shall be assessed as if such imported
   55  drywall had not been present.
   56         (8) This section is repealed July 1, 2017, unless reviewed
   57  and reenacted by the Legislature on or before that date.
   58         Section 2. This act shall take effect upon becoming a law,
   59  and applies to the 2010 and subsequent assessment rolls.

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