No. SC03-520.

914 So.2d 925 (2005)

SUNSET HARBOUR CONDOMINIUM ASSOCIATION, et al., Appellants, v. Joel ROBBINS, etc., Appellee.

Supreme Court of Florida.

As Revised on Denial of Rehearing November 3, 2005.

Attorney(s) appearing for the Case

Arnaldo Velez, Coral Gables and Mitchell A. Feldman, Miami, and Charles J. Crist, Jr., Attorney General, Eric J. Taylor, Senior Assistant Attorney General, Louis Hubener, and Mark T. Aliff, Assistant Attorneys General, Tallahassee, FL, for Appellants.

Robert A. Ginsburg, Miami-Dade County Attorney, Thomas W. Logue, Jay W. Williams, and James K. Kracht, Assistant County Attorneys, Miami, FL, for Appellees.

David L. Powell and Dan R. Stengle of Hopping, Green and Sams, P.A., Tallahassee, FL, and Robert M. Rhodes, Executive Vice President, Jacksonville, FL, on behalf of the St. Joe Company as Amicus Curiae.

Victoria L. Weber of Hopping, Green and Sams, P.A., Tallahassee, FL, and Kenneth M. Rubin, Senior Attorney, Juno Beach, FL, on behalf of Florida Power and Light Company as Amicus Curiae.

Joseph C. Mellichamp of Carlton Fields, P.A., Tallahassee, FL, on behalf of Florida Home Builders Association as Amicus Curiae.

Benjamin K. Phipps of The Phipps Firm, Tallahassee, FL, on behalf of Florida Association of Homes for the Aging and National Association of Real Estate Investment Trusts as Amici Curiae.

Larry E. Levy and Loren E. Levy of the Levy Firm, Tallahassee, FL, on behalf of Property Appraisers' Association of Florida, Inc. as Amicus Curiae.

Paul F. King, Assistant County Attorney of Palm Beach County, West Palm Beach, FL, on behalf of Palm Beach County as Amicus Curiae.

Heather J. Encinosa of Nabors, Giblin and Nickerson, P.A., Tallahassee, FL, on behalf of Florida Association of Counties, Florida Association of County Attorneys and Florida League of Cities, as Amici Curiae.

Gaylord A. Wood, Jr., of Wood and Stuart, P.A., New Smyrna Beach, FL, on behalf of William Markham, as Broward County Property Appraiser; Francis Akins, as Levy County Property Appraiser; Kristina Kulpa, as Henry County Property Appraiser; Alvin Mazourek, as Hernando County Property Appraiser; Laurel Kelly, as Martin County Property Appraiser; Morgan Gilreath, as Volusia County Property Appraiser; and H.W. "Bill" Suber, as Seminole County Property Appraiser, as Amici Curiae.


We have on appeal a decision of the Third District Court of Appeal declaring section 192.042, Florida Statutes (1997), unconstitutional.1 Section 192.042 requires property appraisers to assess all real property according to its just value as of January 1 of each year. However, if improvements to a parcel of property are not substantially completed on January 1, no valuation is to be placed on those improvements for that year...


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