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Florida Statute 192.042 | Lawyer Caselaw & Research
F.S. 192.042 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE
Chapter 192
TAXATION: GENERAL PROVISIONS
View Entire Chapter
F.S. 192.042
192.042 Date of assessment.All property shall be assessed according to its just value as follows:
(1) Real property, on January 1 of each year. Improvements or portions not substantially completed on January 1 shall have no value placed thereon. “Substantially completed” shall mean that the improvement or some self-sufficient unit within it can be used for the purpose for which it was constructed.
(2) Tangible personal property, on January 1, except construction work in progress shall have no value placed thereon until substantially completed as defined in s. 192.001(11)(d).
History.s. 4, ch. 70-243; s. 57, ch. 80-274; s. 9, ch. 81-308; s. 5, ch. 2006-312.

F.S. 192.042 on Google Scholar

F.S. 192.042 on Casetext

Amendments to 192.042


Arrestable Offenses / Crimes under Fla. Stat. 192.042
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 192.042.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DARDEN RESTAURANTS, INC. GMRI, v. SINGH,, 266 So. 3d 228 (Fla. App. Ct. 2019)

. . . Pursuant to section 192.042(2), the valuation date for both years was January 1. § 192.042(2), Fla. . . .

SOWELL, v. PANAMA COMMONS L. P., 192 So. 3d 27 (Fla. 2016)

. . . The First District reached this conclusion by relying on section 192.042, Florida Statutes (2013); however . . . Section 192.042 simply provides that on January 1 of each tax year “[a]ll property shall be assessed . . .

IN RE BOS, Jr., 561 B.R. 868 (Bankr. N.D. Fla. 2016)

. . . . §§ 192.042, 192.053, & 197.122 Fla. Stat. (2015). . § 197.333 Fla. Stat. (2015). . . . .

STRANBURG, v. PANAMA COMMONS L. P., 160 So. 3d 160 (Fla. Dist. Ct. App. 2015)

. . . The majority opinion relies ultimately on a single statutory subsection, section 192.042(1), Florida . . . Corp., 355 So.2d 1202, 1204 (Fla.1978) (relying on section 192.042[ (1) ], Florida Statutes); Page v. . . . taxable or tax exempt status of real property is determined on January 1 of each year under section 192.042 . . .

J. GARCIA, v. ANDONIE,, 101 So. 3d 339 (Fla. 2012)

. . . See §§ 192.042, 193.155, 196.011, 196.031, Fla. Stat. (2006). . . .

In COLON,, 474 B.R. 330 (Bankr. D.P.R. 2012)

. . . . § 192.042 provides in pertinent part; “All property shall be assessed according to its just value as . . . Stat. § 192.042 Fla. . . . Stat. §§ 192.042, 197.333. See United States v. Falcone, 2008 WL 5111236, at *2-3, 2008 U.S. Dist. . . .

ORANGE COUNTY PROPERTY APPRAISER, v. D. SOMMERS P., 84 So. 3d 1277 (Fla. Dist. Ct. App. 2012)

. . . See § 192.042(1), Fla. Stat. . . .

In READ,, 442 B.R. 839 (Bankr. M.D. Fla. 2011)

. . . . §§ 192.042, 192.053, and 197.122 (2008). . Fla. Stat. § 194.171(2) (2009). . . . .

WELLINGTON REALTY COMPANY LIMITED PARTNERSHIP, a v. COLORALL TECHNOLOGIES INTERNATIONAL, INC. a, 951 So. 2d 921 (Fla. Dist. Ct. App. 2007)

. . . (citing § 192.042(1), Fla. Stat. (1983)). . . . Section 192.042(1), Florida Statutes (1983), provided: Date of assessment. — All property shall be assessed . . .

D. KLEIN M. v. W. ROBBINS,, 947 So. 2d 623 (Fla. Dist. Ct. App. 2007)

. . . At issue is the status of the home in relation to section 192.042(1), Florida Statutes (2001), which . . .

D. KLEIN, v. W. ROBBINS,, 934 So. 2d 1294 (Fla. 2006)

. . . Robbins, 837 So.2d 1181 (Fla. 3d DCA 2003) (declaring unconstitutional section 192.042, Florida Statutes . . .

In LITESTREAM TECHNOLOGIES, LLC,, 337 B.R. 705 (Bankr. M.D. Fla. 2006)

. . . Florida Statutes, Section 192.042. The assessment is to be made at “just value.” Fla. Const. Art. . . .

SUNSET HARBOUR CONDOMINIUM ASSOCIATION, v. ROBBINS,, 914 So. 2d 925 (Fla. 2005)

. . . PER CURIAM- We have on appeal a decision of the Third District Court of Appeal declaring section 192.042 . . . Section . 192.042 requires property appraisers to assess all real property according to its just value . . . is unconstitutional; and (2) section 192.042 reasonably implements the provisions of article VII, section . . . We also address the constitutionality of section 192.042. I. . . . Section 193.071 was repealed and section 192.042 took its place. . . . He argued that section 192.042 was unconstitutional. . . . The trial court adopted the General Master’s finding that section 192.042 was unconstitutional. . . . three-judge panel of the Third District Court of Appeal reversed the decision and held that section 192.042 . . . rehearing en banc, the Third District affirmed the decision of the circuit court, holding that section 192.042 . . . The trial court in Fuchs declared section 192.042(1), Florida Statutes, unconstitutional. . . .

PARRISH, v. PIER CLUB APARTMENTS, LLC, a, 900 So. 2d 683 (Fla. Dist. Ct. App. 2005)

. . . . § 192.042(1), Fla. Stat. . . .

GILREATH, Jr. v. WESTGATE DAYTONA, LTD., 871 So. 2d 961 (Fla. Dist. Ct. App. 2004)

. . . and in light of the requirement that the assessment must be made as of January 1 pursuant to section 192.042 . . . All real property shall be assessed according to its just value on January 1 of each year. § 192.042, . . . Robbins, 837 So.2d 1181 (Fla. 3d DCA 2003), which held section 192.042 unconstitutional, citing Fuchs . . .

In MOLTECH POWER SYSTEMS, INC., 296 B.R. 63 (Bankr. N.D. Fla. 2003)

. . . states that the debtor's taxes were assessed in November of 1991, in truth, however, pursuant to § 192.042 . . .

SUNSET HARBOUR NORTH CONDOMINIUM ASSOCIATION v. ROBBINS,, 837 So. 2d 1181 (Fla. Dist. Ct. App. 2003)

. . . valuation for the tax year 1997 in the amount of $22,000,000.00, arguing that, pursuant to Section 192.042 . . . up a general denial with an affirmative defense asserting the constitutional invalidity of Section 192.042 . . . The trial judge agreed with the property appraiser and held Section 192.042 unconstitutional. . . . Employing that reasoning and analysis, we agree with the trial judge and hold that Section 192.042, Florida . . .

PALM BEACH COMMUNITY CHURCH, a v. R. NIKOLITS, K., 835 So. 2d 1274 (Fla. Dist. Ct. App. 2003)

. . . As of January 1, 2000, the date on which the taxable status of the property was determined, § 192.042 . . .

FUCHS, v. W. ROBBINS, v. W. v., 818 So. 2d 460 (Fla. 2002)

. . . The Third District additionally declared section 192.042, Florida Statutes (1993) (the “substantial completion . . . doing, the appraiser challenged the constitutionality of the “substantial completion” statute, section 192.042 . . .

PINELLAS COUNTY, v. STATE, 776 So. 2d 262 (Fla. 2001)

. . . See § 192.042(1), Fla. Stat. (1999). . . .

COLLIER COUNTY, v. STATE, 733 So. 2d 1012 (Fla. 1999)

. . . .” § 192.042. . . . Section 192.042(1) provides that real property is to be assessed on January 1 of each year and that “ . . . Section 192.042(1) makes clear that partial year assessments are not authorized for improvements to real . . . or some self-sufficient unit within it can be used for the purpose for which it was constructed.” § 192.042 . . .

FUCHS, v. W. ROBBINS,, 738 So. 2d 338 (Fla. Dist. Ct. App. 1998)

. . . the Property Appraiser’s original assessment of the Miami Beach Ocean Resort and declaring section 192.042 . . . , but found that section 192.042 was unconstitutional. . . . The Property Appraiser challenged the validity of section 192.042 after the taxpayer put forth evidence . . . Bayrock Investment Co., 530 So.2d 938 (Fla. 5th DCA 1988)(finding that the validity of section 192.042 . . . Stat. § 192.042 (1997). The Order appealed from is reversed. . . . We grant rehearing en banc and affirm the decision of the trial court which held section 192.042(1), . . . The owners, however, invoked section 192.042, Florida Statutes (1991) which provides in relevant part . . . Nonetheless, the owner urges us to conclude that section 192.042(1), even though it leads inexorably . . . While section 192.042(1) is a timing regulation, it is also a substantive one. . . . Section 192.042(1) does exactly that. . . . (concurring) I agree with the majority opinion that section 192.042(1) Florida Statutes (1991), is unconstitutional . . . amicus curiae both argue that the Appraiser lacks standing to challenge the constitutionality of section 192.042 . . .

PAGE, M. L. H. v. CITY OF FERNANDINA BEACH, a, 714 So. 2d 1070 (Fla. Dist. Ct. App. 1998)

. . . See Section 192.042, Florida Statutes (1973). . . .

LOVE PGI PARTNERS, LP, v. SCHULTZ,, 706 So. 2d 887 (Fla. Dist. Ct. App. 1998)

. . . . § 192.042; Bass v. General Development Corp., 374 So.2d 479 (Fla.1979). . Art. VII, § 4(a), Fla. . . .

In FLORIDA ENGINEERED CONSTRUCTION PRODUCTS, CORP., 157 B.R. 698 (Bankr. M.D. Fla. 1993)

. . . . § 192.053 and § 192.042 (1991), the claim of Tax Collector is clearly a secured claim, albeit a lien . . .

W. MIKOS, v. TWO M. DEVELOPMENT CORPORATION,, 546 So. 2d 1110 (Fla. Dist. Ct. App. 1989)

. . . assessment of the subject twenty-four units as substantially completed shell units is in accord with section 192.042 . . . issue of what constitutes a substantially completed improvement subject to assessment under section 192.042 . . .

S. HAUSMAN, v. BAYROCK INVESTMENT COMPANY,, 530 So. 2d 938 (Fla. Dist. Ct. App. 1988)

. . . Hausman also argues that section 192.042(1), Florida Statutes (1985) is unconstitutional because it excludes . . . The test for substantial completion under section 192.042(1) is similar to that under section 193.071 . . . Section 192.042, Florida Statutes (1985) reads as follows: 192.042 Date of assessment. — All property . . .

In POINT RESTAURANT AND OYSTER BAR,, 86 B.R. 252 (Bankr. N.D. Fla. 1988)

. . . procedure as follows: Property is assessed as of the first day of January of the taxable year as per § 192.042 . . .

INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS OF MIAMI BEACH, INC. v. BYSTROM,, 29 Fla. Supp. 2d 7 (Fla. Cir. Ct. 1988)

. . . See § 192.042, Florida Statutes (1985). . . .

SECURITY MANAGEMENT CORP. a P. No. v. MARKHAM, P., 516 So. 2d 959 (Fla. Dist. Ct. App. 1987)

. . . Section 192.042, Florida Statutes (1983) provides: Date of assessment. — All property shall be assessed . . .

B. BYSTROM, v. UNION LAND INVESTMENTS, INC., 477 So. 2d 585 (Fla. Dist. Ct. App. 1985)

. . . Holley, 234 So.2d 152 (Fla. 2d DCA), cert. denied, 238 So.2d 428 (Fla.1970); § 192.042, Fla.Stat. (1979 . . .

MARKHAM, v. YANKEE CLIPPER HOTEL, INC. a, 427 So. 2d 383 (Fla. Dist. Ct. App. 1983)

. . . substantially completed, i.e., they were not at the point at which they could be used; and 2) that section 192.042 . . . Section 192.042(1), Florida Statutes (1977), provides for the just valuation of property as follows: . . .

ST. JOE PAPER COMPANY St. v. JAMES, Jr. W. S., 429 So. 2d 705 (Fla. Dist. Ct. App. 1983)

. . . week Treasury Bills is within discretion of the property appraiser and is not a violation of Section 192.042 . . . five to five and one-half percent, and that there was no abuse of discretion or violation of Section 192.042 . . .

HANDELSMAN, v. ROYAL TRUST BANK OF PALM BEACH, N. A., 426 So. 2d 1220 (Fla. Dist. Ct. App. 1983)

. . . Section 192.042(1) provides: Date of assessment. — All property shall be assessed according to its just . . .

J. COLDING, v. R. O. KLAUSMEYER,, 387 So. 2d 430 (Fla. Dist. Ct. App. 1980)

. . . Section 192.042(1), Florida Statutes (1977), provides that substantially completed means “that the improvement . . .

DEPARTMENT OF REVENUE v. MARKHAM,, 381 So. 2d 1101 (Fla. Dist. Ct. App. 1979)

. . . section is a comprehensive definition section including definitions previously found in sections 192.031, 192.042 . . . Again, Section 192.042 Florida- Statutes 1977, contains essential provisions with respect to the assessment . . . The Committee Comment following amended Section 192.032 and Section 192.042, added to Chapter 192 by . . .

JOHN HENRY JONES, INC. v. H. LANIER, Jr., 376 So. 2d 450 (Fla. Dist. Ct. App. 1979)

. . . residences located on the lots here involved were substantially complete within the intent and meaning of § 192.042 . . . Section 192.042(1), Florida Statutes (1975) reads in part: “All property shall be assessed according . . .

W. BASS, v. GENERAL DEVELOPMENT CORPORATION, a, 374 So. 2d 479 (Fla. 1979)

. . . Section 192.042, Florida Statutes (1975). . . .

DADE COUNTY TAXING AUTHORITIES, v. CEDARS OF LEBANON HOSPITAL CORP. INC., 355 So. 2d 1202 (Fla. 1978)

. . . See Section 192.042, Florida Statutes (1973). . . .

LEE COUNTY ELECTRIC CO- OPERATIVE, INC. v. LOWE,, 344 So. 2d 308 (Fla. Dist. Ct. App. 1977)

. . . See in particular Sections 192.011, 192.032, 192.042 and 193.-011, Florida Statutes. . . .

MIAMI ATLANTIC DEVELOPMENT CORPORATION v. TAX ASSESSOR,, 41 Fla. Supp. 148 (Dade Cty. Cir. Ct. 1974)

. . . . §192.042(1) (1971); Ammerman v. Markham, 222 So.2d 423 (Fla. 1969). . . .

MANUFACTURERS NATIONAL CORPORATION, v. A. H. BLAKE,, 287 So. 2d 129 (Fla. Dist. Ct. App. 1973)

. . . This case requires careful consideration of Section 192.042(1), Fla.Stat., F.S.A., enacted by the Legislature . . . The instant cause also requires this court to reconcile, if possible, Section 192.042(1) with the provisions . . . The trial court harmonized the condominium law with Section 192.042(1) by ordering the tax assessor to . . . It should be recognized that when the Legislature enacted Section 192.042(1) in 1970, the condominium . . . Section 192.042(1) provides: “All property shall be assessed according to its just value as follows: . . .

MARKHAM, W. H. Jr. v. D. KAUFFMAN G., 284 So. 2d 416 (Fla. Dist. Ct. App. 1973)

. . . upon the application of the term, “substantially completed,” as defined and intended under Section 192.042 . . . S.1969, F.S.A.: “192.042 Date of assessments. — All property shall be' assessed according to its just . . .

FLORIDA EAST COAST RAILWAY COMPANY, v. L. REID,, 281 So. 2d 77 (Fla. Dist. Ct. App. 1973)

. . . of an improvement which was not substantially completed on January 1 of the tax year, contrary to § 192.042 . . .

FORTE TOWERS EAST, INC. v. A. H. BLAKE,, 275 So. 2d 39 (Fla. Dist. Ct. App. 1973)

. . . the asserted ground that the building was not substantially completed on January 1, 1971, citing § 192.042 . . . Applicable to assessment to the real property in question, for the year 1971, was § 192.042(1) Fla.Stat . . . However, under the law as presently amended (§ 192.042(1) Fla.Stat., F.S.A.), portions of improvements . . .

LAKE WORTH TOWERS, INC. a v. GERSTUNG,, 262 So. 2d 1 (Fla. 1972)

. . . The applicable statute now is § 192.042 F.S.1970, F.S.A., which provides as follows : “All property shall . . .

LAKE WORTH TOWERS, INC. v. GERSTUNG, 251 So. 2d 27 (Fla. Dist. Ct. App. 1971)

. . . See Section 192.04, F.S.1967 (now Section 192.042, F.S. 1970) and Johnson v. . . .