Section 193.011, Florida Statutes, includes a highest and best use criteria in determining the assessed value of real estate for property tax purposes. The statute requires consideration of “the legally permissible use of the property” and “any zoning changes, concurrency requirements, and permits necessary to achieve the highest and best use” as follows:’

(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. 

    Arguably, the legally permissible use criteria is broader than the enumerated criteria of “applicable judicial limitation, local or state land use regulation, or historic preservation ordinance” and the requirement that consideration be given to “any zoning changes, concurrency requirements, and permits necessary” introduces a cost/benefit or aspect to evaluating if permit could be obtained.  The higest and best use is only one of several criteria for just valuation set forth in section 193.011.  

The foregoing discussion is in summary form, and does not, and is not intended to, discuss all of the statutes, regulations and court opinions which affect matters included in the article. It is not intended as legal advice.