Florida Statute 193.011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 193
ASSESSMENTS

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F.S. 193.011

193.011 Factors to consider in deriving just valuation.—In arriving at just valuation as required under s. 4, Art. VII of the State Constitution, the property appraiser shall take into consideration the following factors:

(1) The present cash value of the property, which is the amount a willing purchaser would pay a willing seller, exclusive of reasonable fees and costs of purchase, in cash or the immediate equivalent thereof in a transaction at arm’s length;

(2) The highest and best use to which the property can be expected to be put in the immediate future and the present use of the property, taking into consideration the legally permissible use of the property, including any applicable judicial limitation, local or state land use regulation, or historic preservation ordinance, and any zoning changes, concurrency requirements, and permits necessary to achieve the highest and best use, and considering any moratorium imposed by executive order, law, ordinance, regulation, resolution, or proclamation adopted by any governmental body or agency or the Governor when the moratorium or judicial limitation prohibits or restricts the development or improvement of property as otherwise authorized by applicable law. The applicable governmental body or agency or the Governor shall notify the property appraiser in writing of any executive order, ordinance, regulation, resolution, or proclamation it adopts imposing any such limitation, regulation, or moratorium;

(3) The location of said property;

(4) The quantity or size of said property;

(5) The cost of said property and the present replacement value of any improvements thereon;

(6) The condition of said property;

(7) The income from said property; and

(8) The net proceeds of the sale of the property, as received by the seller, after deduction of all of the usual and reasonable fees and costs of the sale, including the costs and expenses of financing, and allowance for unconventional or atypical terms of financing arrangements. When the net proceeds of the sale of any property are utilized, directly or indirectly, in the determination of just valuation of realty of the sold parcel or any other parcel under the provisions of this section, the property appraiser, for the purposes of such determination, shall exclude any portion of such net proceeds attributable to payments for household furnishings or other items of personal property.

History.—s. 1, ch. 63-250; s. 1, ch. 67-167; ss. 1, 2, ch. 69-55; s. 13, ch. 69-216; s. 8, ch. 70-243; s. 20, ch. 74-234; s. 1, ch. 77-102; s. 1, ch. 77-363; s. 6, ch. 79-334; s. 1, ch. 88-101; s. 1, ch. 93-132; s. 1, ch. 97-117; s. 1, ch. 2008-197.

Note.—Former s. 193.021.

F.S. 193.011 on Google Scholar

F.S. 193.011 on Casetext

Amendments to 193.011

Arrestable Offenses / Crimes under Fla. Stat. 193.011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 193.011.

Annotations, Discussions, Cases:

Cases Citing Statute 193.011

Total Results: 20

Bill Furst, etc. v. Susan K. DeFrances

Court: Fla. | Date Filed: 2021-09-02T00:53:00-07:00

Snippet: 4 lots should be valued according to section 193.011, Florida Statutes (2013). Their inclusion in an…presumed consideration of the factors in Section 193.011, F.S., or the conclusion arrived at with regard…valuation” as required by the Florida Constitution, § 193.011, Fla. Stat. (2014). The law requires that this …assessment using the factors set forth in section 193.011. What the law explained above means for this…fraction of its just value in violation of section 193.011. This is because it then “appear[ed]” that “ad

MIRAMAR MARINA CORP. v. PEDRO J. GARCIA, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-09T23:53:00-08:00

Snippet: the marina using the income approach of section 193.011(7) of the Florida Statutes. Miramar’s marina occupies

Darden Rests., Inc. v. Singh

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-01T00:00:00-08:00

Citation: 266 So. 3d 228

Snippet: assessment was arrived at by complying with s. 193.011, any other applicable statutory requirements relating…methodology that complies with the criteria of s. 193.011 and professionally accepted appraisal practices…record which cumulatively meets the criteria of s. 193.011 and professionally accepted appraisal practices…Appraiser considered the criteria set forth in section 193.011. The statutes cited in this opinion were the

Darden Rests., Inc. v. Singh

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-01T00:00:00-08:00

Citation: 266 So. 3d 228

Nikolits v. Haney

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-31T00:00:00-07:00

Citation: 221 So. 3d 725, 2017 WL 2350298, 2017 Fla. App. LEXIS 7829

Snippet: opinion on value based upon the factors of section 193.011, Florida Statutes. It amounted to either a mathematical

Sowell v. State Department of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-21T00:00:00-07:00

Citation: 168 So. 3d 355, 2015 Fla. App. LEXIS 10954, 2015 WL 4464693

Snippet: .J., BENTON and LEWIS, JJ., concur. . Section 193.011, Florida Statutes (2012), lists the eight factors

Scott Morris v. City of Cape Coral, etc.

Court: Fla. | Date Filed: 2015-05-07T00:00:00-07:00

Citation: 163 So. 3d 1174, 40 Fla. L. Weekly Supp. 237, 2015 Fla. LEXIS 987, 2015 WL 2095788

Snippet: determine this value. See *1180 § 193.011(5), Fla. Stat. (2014). We find that this is a reasonable

CVS EGL Fruitville Sarasota FL, LLC v. Todora

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-18T00:00:00-07:00

Citation: 124 So. 3d 289, 2013 WL 5225769, 2013 Fla. App. LEXIS 14817

Snippet: consider properly” the criteria set forth in section 193.011, Florida Statutes (2005),2 or (2) arbitrarily used…considered each of the eight criteria in section 193.011 and did not arbitrarily use appraisal practices…consider the eight factors set forth in section 193.011, Florida Statutes (1997). Although the property…practices and the criteria contained in section 193.011, but observed that “as sensible as CVS’s position…properly considered the criteria identified in § 193.011, and that the appraiser’s assessed value of the

Jones v. Portofino Tower One Homeowners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-13T00:00:00-08:00

Citation: 77 So. 3d 242, 2012 Fla. App. LEXIS 352, 2012 WL 104466

Snippet: to properly consider the criteria under section 193.011, Florida Statutes; and (III) whether the trial

Siegel v. Rowe

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-05T00:00:00-07:00

Citation: 71 So. 3d 205, 2011 Fla. App. LEXIS 15722, 2011 WL 4578543

Snippet: facts to each of the criteria set forth in section 193.011. Trial courts must be cautious not to award attorney

Ago

Court: Fla. Att'y Gen. | Date Filed: 2009-11-23T23:53:00-08:00

Snippet: assessment was derived by complying with section 193.011, Florida Statutes, any other applicable statutory…record which cumulatively meets the criteria of s. 193.011 and professionally accepted appraisal practices…. 2 Section 4, Art. VII, Fla. Const. 3 Section 193.011(1) — (8), Fla. Stat. 4 Section 6(a),

CARABELLE PROPERTIES LIMITED v. Pendleton

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-21T00:00:00-07:00

Citation: 10 So. 3d 1118, 2009 Fla. App. LEXIS 3377, 2009 WL 1044893

Snippet: improperly applied the criteria set out in section 193.011, Florida Statutes (2005), and on that basis remanded…considered all of the criteria set out in section 193.011, Florida Statutes (2006), and upheld the 2006 assessment…the property appraiser failed to apply section 193.011(2), Florida Statutes (2006), properly, in that

Holly Ridge Ltd. Partnership v. Pritchett

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-04T00:53:00-07:00

Citation: 936 So. 2d 694

Snippet: appraiser complied with the requirements of sections 193.011 and 420.5099, Florida Statutes, in assessing the…Robbins, 914 So.2d 925, 932 (Fla.2005). Section 193.011 sets forth various factors which a property appraiser… the property for ad valorem taxation under s. 193.011, neither the tax credits, nor financing generated… the property for ad valorem taxation under s. 193.011, neither the tax credits, nor financing generated…or using the market or cost approaches under s. 193.011, neither the costs paid for by tax credits nor

DeQuervain v. Desguin

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-05T00:53:00-07:00

Citation: 927 So. 2d 232

Snippet: residency for homestead exemption purposes. Compare § 193.011 et seq., Fla. Stat. (2005) (listing factors appraiser

Sunset Harbour Condo. Ass'n v. Robbins

Court: Fla. | Date Filed: 2005-11-03T00:00:00-08:00

Citation: 914 So. 2d 925

Snippet: improvement of existing structures. § 193.11(4), Fla. Stat. (1967). Section 193.11 was renumbered in 1969 as section…this Court upheld the constitutionality of section 193.11,[5] the predecessor to section 192.042,[6] under…Schuler, 176 So.2d 81, 85-86 (Fla.1965). [5] Section 193.11 provided: All taxable lands upon which active

Florida Dept. of Revenue v. Howard

Court: Fla. | Date Filed: 2005-06-30T00:53:00-07:00

Citation: 916 So. 2d 640

Snippet: just value, the Legislature has enacted section 193.011, Florida Statutes (2001), which lists eight factors…consider in determining just valuation. Section 193.011 provides: Factors to consider in deriving just …weight to be given the factors set out in section 193.011 are left to the discretion of the appraiser. See…essence, a "ninth factor" to section 193.011the VAB's reduced assessment in the prior year…along with those other factors set out in section 193.011, when assessing tangible personal property. The

Ago

Court: Fla. Att'y Gen. | Date Filed: 2005-02-08T23:53:00-08:00

Snippet: s. 193.011, the value according to its classified use and its value as assessed under s. 193.011. (e)…The just value (using the factors set out in s. 193.011) of all property. (c) When property is wholly or

Ward v. Brown

Court: Fla. | Date Filed: 2004-10-21T00:00:00-07:00

Citation: 894 So. 2d 811, 2004 WL 2360129

Snippet: challenges to tax assessments. See §§192.001—.123, 193.011-.155, 194.011-.037, 195.0011-.207,196.001—.32 Fla

Gilreath v. Westgate Daytona, Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-01T23:53:00-08:00

Citation: 871 So. 2d 961

Snippet: property be assessed in accordance with section 193.011. We also conclude, based on our analysis of these…for assessing timeshare property under section 193.011. Because the POS was approved in November 1998,… Stat. (2002). The Legislature enacted section 193.011, Florida Statutes, which lists eight factors that…assessed as timeshare property pursuant to section 193.011(2), Florida Statutes, which provides in pertinent…property as otherwise authorized by applicable law. § 193.011(2), Fla. Stat. (2002). We conclude that when Gilreath

Florida Department of Revenue v. Howard

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-26T00:00:00-08:00

Citation: 859 So. 2d 619, 2003 Fla. App. LEXIS 18069, 2003 WL 22799000

Snippet: just valuations for all types of property. See § 193.011, Fla. Stat. When the legislature has departed from…previously indicated, the legislature enacted section 193.011 in compliance with article VII, section 4, which…property for purposes of ad valorem taxation. Section 193.011 specifies a list of eight factors which “the property