Among the many causes of the excessive tax collections, is the unfair method of appraisal by some local property appraisers.  Instead of appraising based on the actual use of a property, some appraisers set the value at the “highest and best” use.  Thus, even for a small mom and pop hotel on the beach – earning a modest income – would be appraised for the “highest and best” use as if it were a luxury hotel or condo. As Senator Haridopolis puts it, this is like taxing a Harvard student for the salary of an experienced Harvard law grad with their own firm. 

Cut Taxes Now applauds plans offered by the Florida Senate to solve this problem. 
Cut Taxes Now Relations chair Rod Moren, has provided the following summary of current Florida law.

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The duties of Florida's 67 county appraisers are established by Florida law. The Florida Constitution requires the Legislature to establish regulations that " shall secure a JUST valuation of all property for ad valorem taxation,"  Florida Constitution article VII, section 4.a.

To comply with this requirement, The Florida legislature created Florida statute 193.11 and it states that the property appraiser shall take into consideration  ( remember this word ) the following eight factors.  They are:

(1 )  - the present cash value of the property a willing purchaser would pay  a willing seller.,

(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 barring any judicial, local or state use regulations, historic preservation ordinance and any executive moratorium, etc.:   This is the factor that appears to be used mainly by the county appraisers to arrive at the excessive high property valuations we are experiencing and is being considered, by various bills recently drafted by the Florida  Senate &  House, to be deleted!!  Let's hope they're successful!!

(3) - The location of the 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 the property;

(7) - the income of said property and finally;

( 8 ) - the net proceeds of the sale of the property as received by the seller after deduction of various fees and costs. 

This statute also states that the appraiser must CONSIDER  (but NOT necessarily use)  each of the above factors and it gives some names of some prior legal cases. 

It also states the case law & statutory provisions require the appraiser to consider ( that  word again ! ) the above eight factors to determine  a just valuation that represents what a willing buyer would pay a willing seller.  Note that some homeowners and some small businesses owners in Indian Rocks Beach and many elsewhere in Florida were NOT really willing sellers!!  Then it states later, that if the appraiser ignores or places little emphasis on ONE factor, and establishes a just value HIGHER than fair market value, the appraisal is also improper. A single factor cannot drive the value determination when it results in a value other than just or fair market value. 

We should, and need , all  the above factors stated above , and the weight or affect in which they were considered,  included on the TRIM notice  that the appraisers considered in order for the average homeowner or businessperson to ensure their just valuation.  It's not a cure all but it's more information that we have now and it's a basis to challenge your appraisal.

Rod Moren

Cut Taxes Now Relations Chair