Today’s real estate appraisals can be very expensive, however you need to know how much your home and property is worth. Having a real estate appraisal is a good idea when you’re about ready to sell your property or after you have had work done on your property such as a renovation or remodeling because this increase the value of your house and property by a significant amount if the renovations or remodeling were extensive.
Real estate appraisals are done by a certified appraiser that will come to your home and appraised value of your house based on the structure of your house not on the contents of your house. So anything that has been done structurally to your house such as adding and bathroom or remodeling the kitchen or expanding the living room will increase the appraisal value of your property.
Without a real estate appraisal, you are just guessing at what the value of your home is and you could be coming up short with the asking price if you’re going to sell your house and property. The appraisal will give you an exact amount of the value of your house and property so that you know how much to ask when selling or for personal property tax reasons.
Real estate appraisals – are they worth it? Yes they are, in many circumstances, it is best to have an appraisal to make sure you’re getting the most out of your home and property when you go to sell it after your had renovations done.
Cheryl Criswell: I am also a registered builder, and build 2 spec houses a year for the market. I also provide project management for those wanting to be their own builder. For more information got to http://www.renovatingreferral.com Find out how this website can find the best contractor, project manager, or remodeler for you and your project.
Article Source:
http://EzineArticles.com/?expert=Cheryl_Criswell
Florida beachfront rentals are a great way to enjoy a Florida vacation. Florida beachfront rentals and Florida beachfront vacation homes can be found in all the most popular beach areas year-round. Besides the fabulous Florida beaches you have to choose from, there’s so much to do while on vacation.
You can easily find Florida beaches that are great for walking, swimming and beachcombing. Salt-water fishing right off the beach is a fun way to have a chance to enjoy very fresh seafood. Of course, local restaurants will await you if your sea bounty comes up short that day. There’s a wide variety of water sports such as fishing, sailing, jetskiing, parasailing, scuba diving, canoeing, kayaking and more to be found in the larger Florida beach towns. Surfing in Florida can be extremely fun, as you can find waves for amateur and experienced surfers alike. Conquering large waves makes ones adrenaline rush like crazy.
With so much to enjoy while at the Florida beaches, why stay in a cramped hotel or motel room at a time when you want to really relax and enjoy your time together? Instead of being stuck in a single hotel room, you can be together while having your own rooms with the space and comfort that comes with Florida beachfront vacation homes.
Is having your privacy important? There is very little privacy in a hotel room, of course. Florida beachfront rentals come with privacy. How about a bedroom for mom and dad with separate beds and rooms for the kids or friends? Everyone sleeps better! After all, isn’t the idea to rest up while on vacation?
Bathrooms? In a hotel or motel, there will likely be only one bathroom. You’ll enjoy two or more bathrooms in Florida beachfront vacation homes. Use the refrigerator to keep the drinks chilled and enjoy anytime you want. And you might want to sit down to a home-cooked meal made in your Florida beachfront rentals home.
If you are staying in a hotel or motel, in the commons area, you’re sharing it with strangers. In Florida beachfront rentals, you share the common space with your family and friends, the way you probably want it while on vacation!
What is the fastest and best way to find Florida beachfront rentals? Online, of course! Online, you can actually see the properties where you might want to stay.
Whether you will vacation during the hot busy summer months, the leisurely fall months or in winter with Florida’s non-freezing beauty, you’ll be glad you stayed in one of the thousands of the Florida beachfront vacation homes. Check them out today for your next fun Florida vacation.
Copyright 2005 InfoSearch Publishing
Find great Florida vacation rentals and beachfront vacation homes online. Kevin Buster is a travel writer for InfoSearch Publishing and http://www.bestvacationrentalsonline.com – visit the website to find beachfront rentals, log cabin rentals, pet friendly lodging, places to get married, discount hotel rooms and other vacation fun.
Article Source:
http://EzineArticles.com/?expert=Kevin_Buster
Real estate appraisals are totally subjective and often are not an accurate way to determine the value of a property in some markets. Since the recent sharp decline of property values and the new loan guidelines by lenders, not even the most professional appraiser can any longer say with absolute certainty what a property is worth. Real estate appraisers can and will give a subjective value for what a property should be worth, but even these numbers are open to scrutiny.
Because of infrequent sales, the offering prices of homes in some areas of the country are sinking faster than homes are selling. So anyone looking at comparable sales is seeing sales from months before that traded well above what a similar home can be bought for currently. This phenomenon occurs when home sellers become desperate to sell and believe that only the price of the home matters to a buyer. Unfortunately, for other homeowners, this panic to sell brings down values throughout the neighborhood.
An appraiser will readily admit that his price estimate or appraised value of a home is an educated, but always subjective guess. In the final analysis, his strongest parameter for pricing a single family residence is a comparable sale in the same neighborhood. Unfortunately, these comparable sales can be skewed by a number of factors including distressed sales, seller concessions at closing that are not part of the public record, transfers for estate or tax purposes, realtor commissions included in the sales price, long periods between sales, and property exchanges that use a factious market value as a basis for the transfer.
I know an individual who recently sold his home for $ 405,000, which was well above fair market value of $ 340,000 for his neighborhood. At closing he paid a $ 24,300 realtor’s commission, gave the buyer a $ 15,000 seller’s concession at closing, included his new furniture which he just paid $ 16,700, and paid closing costs for the buyer of $ 5,800. His net on this transaction was $ 343,200. However, an appraiser will see $ 405,000 on the public record and if he used this value to determine the cost per square foot as a guideline, his appraisal would be too high for the next property. The appraiser will see that the property was sold through a realtor®, but he will not know about the seller concession or furniture which overvalue the sale by $ 31,700. Similar homes in this area were listed at the same time for $ 310,000 to $ 330,000 but hadn’t sold, so how much value should be placed in the $ 405,000 sale?
I recently received a call from an excited investor about a seller who was asking $ 200,000 for her property which, according to ten comparable sales, was worth $ 280,000. The investor had used a ½ mile radius and six months previous sales as his parameters. By simply adjusting the comparables to a ¼ mile radius and two months back, the comparables showed $ 212,000 as a fair market value. What a difference a ¼ mile and a few months make to the expected sales price or value of the property. Had the investor jumped at the “opportunity” to purchase the property below market value, he certainly would have suffered a loss when you include carrying, sales, and repair costs.
In summary, in this market, the way for an investor or homeowner to get the best estimate of what a property is worth is to start with the most stringent guidelines, specifically, one month previous sales and only those within ¼ mile of the subject property. Next the seller or buyer should look out ½ mile and back three months at actual sales to get comparable values. Most importantly, it is now imperative that buyers and sellers look at open listings on the MLS (Multiple Listing Service) or on Realtor.com and carefully check the sale by owner offerings in the neighborhood. Armed with this information, a buyer or seller can get a significantly better idea of FMV, even if it is not what he expects.
Dave Dinkel has over 35 years experience in real estate investing which has given him a unique perspective into the real estate market. Dave is the author of the best-selling e-courses http://www.fsbopowersellingsystem.com/ and many other e-courses for investors and homeowners.
Dave’s focus in the past few years is educating the public in a manner that doesn’t amount to paying for a master’s degree. His recent contribution to this end is the e-course “48 Ways to Create a Massive Buyers List” which can be seen at http://www.MakingaBuyersList.com.
Article Source:
http://EzineArticles.com/?expert=Dave_Dinkel
PULLING THE PLUG
I once incensed a friend (okay, he was former Tampa Bay Times metro columnist Howard Troxler) by showing him how, years ago, the medical stories on House were so formulaic you could set your watch by the symptoms patients endured (a seizure by 15 …
Read more on Tampabay.com
Tampa Bay leads nation in foreclosure filings
Lenders delivered initial default notices to 1755 homeowners around Tampa Bay and 12784 in Florida. Nationally, the 188780 filings on US properties in April was the lowest monthly total since July 2007. RealtyTrac attributes the decrease to lenders …
Read more on Tampabay.com
Emergency officials pick RNC as subject of hurricane disaster drill
The odds of a hurricane hitting the Tampa Bay area between Aug. 27-30, when the convention takes place, are mercifully slim — less than 1 percent, according to the National Weather Service. But officials are preparing for the worst, just in case.
Read more on Tampabay.com
New York, NY (PRWEB) January 13, 2012
As a tepid economic recovery and a faltering European credit situation sustained fears of a double dip U.S. recession and roiled financial markets in 2011, investors did what they always do flee to safety. But the usual flight paths had hitches. Seeking refuge in the traditional safe harbor of Treasury securities meant foregoing any real return on savings. Ditto money markets. Certificates of deposit offered only marginally better returns. Going long on high quality corporate bonds could give a relatively acceptable yield, but the continuing inability of Congress to tackle the deficit and mounting federal debt suggested considerable risk of future inflation and erosion of purchasing power of bond principal.
During the past few years, investors have concluded that a partial shift from financial assets to hard assets was a prudent path. For many investors the decision represents a tactical retreat until the volatility and uncertainty of financial markets stabilize. For others, particularly retirees and pre-retirees, the hostile environment has offered the opportunity to evaluate long-term strategies and to take a page from the playbook of institutional investors, such as pension and endowment funds, which must of necessity, focus on the long term. That page calls for diversification via allocation of a portion of every portfolio to alternative investments.
Increasingly the investment vehicles of choice to accomplish this objective are direct participation programs, or DPPs, non-listed real estate investment trusts (REITs), and non-listed business development companies (BDCs). These are publicly registered companies whose securities offer investors the opportunity to own an interest in a professionally managed portfolio of assets, but which are not listed or traded on the stock market. These companies file financial reports to the Securities and Exchange Commission and observe the same rules of disclosure, transparency and governance as comparable publicly traded securities. DPPs are typically structured as limited partnerships, general partnerships, or limited liability companies; REITs and BDCs are corporations which follow specific regulatory and tax rules to be exempt from corporate taxation. All of these securities are designed to provide attractive levels of current income and the potential for income growth, capital appreciation and inflation protection.
Most classes of direct participation programs and non-listed REITs available today offer the average investor a way to own interests in otherwise non-affordable tangible assets, which tend to respond to broad economic and capital market changes differently than exchange traded stocks. BDCs provide financing to small and mid-sized businesses, and in recent years have sought to capitalize on the relative lack of debt capital in these markets as banks restricted lending to build their capital reserves.
Non-Listed REITs and BDCs Pace Market Growth
With consumer confidence surveys still hovering at less than half their level in 2007, and with the stock market returning only 2.3 percent in 2011 and still down 19.6 percent from its high in October 2007 (as measured by the S&P 500 Index), it is no surprise investors are taking increased notice of alternative investments, including DPPs, non-listed REITs and BDCs. Capital raised during 2011 topped $ 10 billion, up 16 percent from 2010 and 47 percent from 2009. With no near term awakening from Wall Streets slumber in sight and with the expectation that the Fed will continue to keep interest rates near record lows during 2012 to add momentum to the slow recovery, continued strong investor interest in alternatives to stock and bond investing is expected.
Robert A. Stanger & Company, the Shrewsbury N.J.-based investment-banking firm that specializes in the Direct Investment securities markets, credits a significant part of the increase in fundraising to the emergence of non-listed BDCs. Approximately $ 1.1 billion of the $ 1.4 billion increase in overall capital raised in this sector is attributable to the expansion of demand for BDCs this year, said Keith D. Allaire, managing director of Stanger. The BDC investment thesis is simple and has been compelling: Since many banks have significantly restricted their lending, the supply of funds to growing businesses, particularly middle market and smaller companies, has dwindled. BDCs seek to fill the void and at the same time earn premium yields relative to the risk profile of the businesses they finance.
Investor capital flows to non-listed REITs continued to grow in 2011 (up 3.1 percent at just above $ 8.3 billion) following a dramatic 36 percent increase in 2010. While the amount raised this year is below the high water mark of $ 9.8 billion of new capital reached in 2008, we are confident non-listed REITs will reach and exceed that record level of fundraising in the next few years, said Kevin Hogan, president and chief executive officer of the Investment Program Association (IPA), the industry trade group for Direct Investments. Kevin Gannon, managing director of Stanger concurs. The expanding acceptance of asset allocation, the migration of retirement funding from employers to individuals, the focus of retirees and pre-retirees on income-oriented investments, and the appeal of inflation resistant income to active retirees are fundamental drivers of the non-listed REIT industry, said Gannon. Supporting this belief in a secular shift in portfolio construction by middle income Americans is the fact that non-listed REIT fundraising increased in 2011 despite the reporting of valuations which reflect the declines in real estate values that have occurred following the bursting of the bubble in 2007.
The attractiveness of non-listed REITs is also being enhanced by the positive outlook for real estate investment fundamentals. While near-term growth is still being constrained by the slow economic recovery, occupancy and rental rate trends are encouraging, said Martel Day, chairman of the IPA. The record low cost of debt for real estate buyers and the expectation of attractive acquisition opportunities as hundreds of billions of dollars of CMBS financing come due in the next few years suggest an extraordinary buying opportunity may be at hand.
The other sector contributing to this years fundraising growth was equipment leasing programs, which raised $ 205 million, up 9.1% from 2010. The driver: Todays tight credit markets provide the potential for premium returns for the owners of equipment leased to corporate users.
Investment In Publicly Registered DPPs, Non-Listed REITs and BDCs Chart Available in attachment.
Outlook
While most industry participants are bullish on the long-term demand for DPPs, non-listed REITs and BDCs, the timing and extent of that anticipated growth remain a topic of debate within the industry. Two wildcards which will affect the structure and form of these investments in future years have yet to be turned over, said Allaire. The first is a pending rule change by the Financial Industry Regulatory Authority (FINRA) which will affect the valuation shown on account statements for these securities during the offering period. The second is the emergence of a new product structure which offers investors enhanced liquidity and daily valuations. Several of these so-called daily NAV products are just commencing fundraising, so the jury is still out on their ultimate success, said Gannon.
The industry is on the brink of a sea change made possible by the IRS recent allowance in private letter rulings of multiple share classes in REITs, said Allaire. The ability of non-listed REITs to establish multiple share classes, akin to mutual fund share classes, will enable non-listed REITs to offer securities with different commission structures, thereby potentially lowering front-end fees and expanding avenues of distribution.
Renting a home is not uncommon as it is clear that some people cannot afford to buy their own home. The natural assumption is that it works out cheaper to buy a home over a long period of time. However, where many of us cannot afford the down payment on a new purchase of property, so renting a property on a yearly lease may be the way to go while saving for your first house.
Finding a home for rent in the Florida, Tampa Bay area depends on the availability of seasonal as well as year round property. What you need to consider are all the costs involved with renting a home. The cost of renting a home is normally determined by the value of the property and location. Unlike buying, most landlords require you to make a 3 month rent payment before moving in. This usually encompasses the down payment, the first months rent, and second months rent.
The problem with renting a home is two-fold: you will never get back what you put into your rental property (equity and ownership), and secondly you will have restrictions imposed on you that you would not have while owning your own house. However, as a short term solution, renting a home in a new area can be ideal while you save money and slowly shop for your dream home. I often recommend this to people who are relocating from the north and are not sure of where they want to buy or how big of a house they want to purchase.
The cost of buying a home is not cheap, we all know and respect that. Depending on the location that you choose within the Tampa Bay area, the costs can vary. Buying a home entails many costs especially if you do not have the immediate finances. But the rewards of home ownership make it all worthwhile. Some of the costs to consider are the initial down payment, closing costs, property inspections, taxes and of course homeowners insurance. In a renting situation, the landlord usually covers the costs of maintaining the apartment (fixtures, property landscape, etc). But of course, the rent that you pay will include these things, and rent in this area is getting more and more expensive all the time.
Buying a home opens up the option of choice in terms of architectural style and place of living. While the opposite applies for renting. Often you might be obligated to choose the place to rent that is cheaper and often not the best looking. That simply means renting can pigeon-hole you into living in an area or structure that although may be available and within your price range, it may not appeal to your sense of style.
Owning your own home is about benefiting from long term personal and financial satisfaction. Your own home means security and also having the option of creating the dream home the way you have always wanted it. Home ownership is also about experiencing the freedom of having your own serious investment. The point of emphasis therefore lies in being equipped with the right kind of service that will help you choose which home is right for you. Talking to people who can help you know which option of owning are available to you is without a doubt the right step to take.
In the Tampa Florida Real Estate area there is an abundance of houses and condos to choose from. While property prices during the late ’05 season seemed to rise quite quickly, it’s not too late to buy your dream home. Normally the best thing to do is to talk to a Tampa Bay, Florida real estate agent who can give you a better and realistic property pricing estimate.
Naturally what you have to remember is that your own needs are important. The type of lifestyle you envision can help you determine whether renting or buying is the feasible option.
Bob Lipply is a licensed broker associate with Remax Realtec in Palm Harbor, Florida. He has many years of experience in selling Tampa Bay Florida Real Estate and has helped many families relocate to Florida and find their dream homes. Visit his website at Property for sale in Tampa or contact him direct at 1-888-423-5775.
Article Source:
http://EzineArticles.com/?expert=Robert_Lipply
Canton, MA (PRWEB) May 18, 2012
EquipNet has a lot to celebrate this month with its 13-year anniversary, the expansion of its equipment and business appraisal and valuation services, and the relocation of its headquarters to a new 110,000 square foot facility in Canton, MA.
Founded in Massachusetts in May, 1999, EquipNet has become a global leader in helping companies buy and/or sell their surplus equipment. The EquipNet workforce has grown from two original employees to its current staff of 115 people. The company headquarters are located in Canton, MA and has offices across the globe, including Canada, Latin America, the UK and Europe, India, and Asia.
The EquipNet MarketPlace has become the worlds largest online venue for buying and selling pre-owned laboratory instrumentation and manufacturing equipment in the pharmaceutical, biotech, chemical, food, beverage, and personal care sectors. EquipNet has helped local Boston area companies and global corporations be both ecologically green and economically wise by helping them purchase and/or sell their surplus equipment.
EquipNet also pioneered web-based software that helps global clients track their idle assets across multiple enterprises. Before ARMS (Asset Redeployment Management System) was put into action, many of these multinational companies purchased million-dollar pieces of equipment when the same item was sitting idle in another location. By gaining desktop access to the status of their equipment inventory, these corporate clients have reduced the risks associated with idle assets and avoided spending time and money locating and purchasing expensive items they already own.
Through an acquisition of SweetTrading in 2006, EquipNet launched its Technology Solutions division, providing clients with Department of Defense-level hard drive sanitizing, environmental recycling with certification, and technology asset tracking to help them responsibly and safely dispose of their surplus technology assets.
EquipNet expanded its auction capabilities with the acquisition of Advanced Asset Services, Inc. in 2007. Companies closing a facility or just interested in recovering the value of their surplus assets in a short timeframe, have the option to sell their equipment via live, webcast, online, or sealed bid auction. EquipNet hosts multiple auctions per month throughout the world.
EquipNet is now paving the way to become appraisal and valuation experts for the industries it serves, providing pharmaceutical, biotech, chemical, food, beverage and personal care companies with accurate information about the value of their business and industrial assets. With the recent acquisition of Present Value, EquipNet has dramatically expanded its offering of equipment and business appraisals and valuation services. The company has created a new multimedia section of the website at http://www.equipnet.com/Anniversary-Valuations-PRWeb with a podcast, videos, a whitepaper, an ebook, and more.
EquipNet President and CEO Roger Gallo, is proud of where the company began and where its going. Weve grown in a very strategic fashion, keeping our eyes on EquipNets original mission and vision explains Gallo. Weve expanded our services and the industries we serve but we are still focused on our mission to create raving fans in everything we do and our vision to revolutionize the way companies manage their surplus assets.
Gallo also plans to maintain EquipNets strong roots in Massachusetts. In the 13 years weve been in business, weve moved several times from a small office in Randolph MA, to a bigger space in Braintree to our current Canton headquarters in order to accommodate our growth, explains Gallo. Were now excited by the fact that we recently signed a long-term lease on a 100,000 square foot facility in Canton to accommodate our growth over the coming years.
We are proud of our commitment to the Boston area and our status as a local company that has consistently provided much needed jobs to local residents, Gallo continues.
About EquipNet
EquipNet is a leading provider of proactive asset management solutions and services to leading corporations in the biotech, pharmaceutical, chemical, food, beverage, and personal care industries, such as Unilever, Diageo, Wrigley, Mars, Colgate-Palmolive and many others. EquipNets vision is to revolutionize the way companies manage their surplus assets by maximizing financial returns and minimizing the risks associated with idle capital assets. For more information, please visit: http://www.EquipNet.com.
####
A real estate appraiser finds real estate comparable sales by using a database. This database is usually, the local MLS or multiple listing services. The MLS is a database is created and maintained by a Realtor association.
The MLS database consisted of specific data in regards to any home or parcel of land that is listed in this database. Normally, the information gets added to this database from Realtors when they sell the home. Other times Realtors or members of the association add homes that have not sold directly through the MLS database.
When the appraiser is determining the value of your home they will look for real estate comparable sales. I usually complete a minimum of three searches and on complex properties, I will usually complete up to five searches or more to make sure I’ve correctly identified the best sales.
I search for all homes that have sold within one year that are within one half mile from the subject. From this list, I will gather basic information about the comparable sales in the area. In this search it is important to leave the entire search criteria open (meaning not to select exact criteria to search for), as this will allow all homes to show, regardless of the data that was inputted into the MLS database. This is important, because, if you select specific criteria at this stage, you may miss several important sales in the area that are similar to your home. Once I’ve selected the most comparable homes to the subject, I will change the criteria to 1 mile from the subject and complete the process again.
After reviewing all of the sales, I will look at specific features of the subject, such as design, room count, bedroom count, basement, heat source, etc and I will specifically select criteria that will match the subject’s criteria. Usually, I will run another search on specifically on what has sold in the last three months that offer the most similar criteria to the subject.
Once I complete all of these searches, I will gather up all of the data and review all of the listings, pending sales, and closes sales. The sales will be separated to the most important criteria such as homes with the most similar square footage that support the immediate market area, homes with similar amenities and similar design.
The closes sales will be checked with public records to make sure the basic sales price and the information is similar. The Realtor will be called to check basic information. If I can locate four recent real estate comparables and two active listings or pending sales, these are the real estate comparable sales that I will use in the appraisal. This is the process a real estate appraiser will use to located and confirm comparable sales.
Would you like to learn more about real estate appraisals, or buying and selling your home click on http://increasehomevalue.org
Article Source:
http://EzineArticles.com/?expert=Tim_D_Page
In the practice of criminal defense in Florida, there are certain myths that an attorney routinely encounters in his or her dealings with clients and the general public. One common example concerns the requirement of a driver’s license for the operation of so-called mopeds or motorized bicycles on Florida public highways. The myth is typically expressed as follows:
“Even if my driving privileges have been suspended or revoked, I can legally drive a moped or motorized bicycle on a public street or highway in Florida because neither is considered a “motor vehicle” for purposes of the Florida driver’s license statute.”
The following article discusses the Florida statutes and case decisions governing the operation of mopeds and motorized bicycles without a valid driver’s license. Contrary to the beliefs of many, these types of vehicles almost always require a valid driver’s license to be lawfully operated on a Florida public street or highway.
Background: The Requirement of a Driver’s License for a “Motor Vehicle”
The statutory provisions governing driver’s licenses in Florida are contained in Chapter 322. Under Section 322.03, “a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license…” Under 322.34, a person who drives a motor vehicle upon a highway while his or her driver’s license has been canceled, suspended, or revoked, commits either a moving violation or a criminal traffic offense, depending on whether the person knew of their suspended or revoked status.
What is a “Motor Vehicle” for Purposes of Chapter 322, Florida Statutes?
The definition of “motor vehicle” for offenses committed under Chapter 322 is contained in Section 322.01(27), Florida Statutes. It provides as follows:
“[A]ny self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in [Section] 316.003.”
Although the statute refers to Section 316.003 as the definition of “motorized bicycle,” in actuality Section 316.003 merely defines the term “bicycle” and contains within that definition a description of “motorized bicycle.” However, Florida courts have universally interpreted this description as the operative definition of “motorized bicycle” for purposes of the licensing requirements of Chapter 322. Section 316.003(2) provides as follows:
“[E]very vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground… having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.”
Thus, unless the vehicle in question is propelled by a combination of human power and an electric helper motor, and unless that vehicle travels at speeds not in excess of twenty miles per hour on level ground, the vehicle does not qualify as a “motorized bicycle.” If the vehicle does not qualify as a motorized bicycle within the meaning of the statute, then it requires a valid Florida driver’s license, even it resembles what would commonly be thought of as a motorized bicycle.
Florida Case Law: “Mopeds”
Florida courts have specifically addressed the requirement of driver’s license in the context of a so-called “moped” operated on public highway. In State v. Meister, 849 So. 2d 1127 (Fla. 4th DCA 2003), the defendant was charged under Section 322.34 for driving on a suspended license while operating a moped. The moped in question had a displacement of less than 50 cc, did not exceed two horsepower, and had pedals to permit propulsion by human power so as to supplement the gasoline engine. The defendant moved to dismiss the charges, arguing that the “moped” was not a motor vehicle for purposes of Section 316.003(21), Florida Statutes.
On appeal, the Florida Fourth District Court of Appeal held that a moped was a “motor vehicle” for purposes of charges brought under Chapter 322. Using the definition of motor vehicle contained in Section 322.01(27), the court concluded that a moped was a self-propelled vehicle and was in no way excluded from the definition of motor vehicle for purposes of the Florida driver’s license statute. Thus, regardless of how the term moped was defined for purposes of Chapter 316 (pertaining to traffic control), the operative definition for driver’s license requirements was that contained in Section 322.01. The Court furthermore rejected the argument that the differing definition of “motor vehicle” in Chapter 316 rendered Section 322.34 unconstitutionally vague or ambiguous.
Like the Fourth District decision Meister, other Florida courts have rejected the argument that a gasoline moped is excluded from the definition of “Motor Vehicle” so as not to require a driver’s license. See Wood v. State, 717 So. 2d 617 (Fla. 1st DCA 1998) (holding that a moped is a “motor vehicle” which requires a driver’s license for operation under 322.34); Jones v. State, 721 So. 2d 320 (Fla. 2d DCA 1998) (holding that a valid driver’s license is required for the operation of a “moped” under 322.34(2)).
Florida Case Law: Electric “Scooters”
Florida courts have further rejected the argument that an electric scooter is not a “motor vehicle” in the context of a charge brought under Section 322.34, Florida Statutes (driving on a suspended or revoked license). In Inman v. State, 916 So. 2d 59 (Fla. 2d DCA 2005), the defendant was cited for driving on a suspended or revoked driver’s license while driving a seated, two-wheeled, battery powered electric scooter on a public street. The scooter did not have pedals and thus was powered exclusively by its electric motor. The defendant moved to dismiss the charge, arguing that a scooter with an electric motor was not a “motor vehicle” as defined in Chapter 322.
On appeal, the Second District Court of Appeal of Florida held that, because the defendant’s vehicle did not operate by a combination of an electric motor and human pedaling, the vehicle fell outside of the definition of motorized bicycle as contained in Section 322.01(27). Thus, the defendant could be properly convicted of driving on a suspended or revoked license, even if his electric scooter had many of the key attributes of a motorized bicycle.
Florida Law in a Nutshell: Mopeds and “Motorized Bicycles”
Chapter 322, Florida Statutes, requires the operator of a “motor vehicle” on a highway of the state to have a valid license. As defined under that chapter, “Motor vehicle” is anything that is self-propelled, but does not include bicycles and qualifying “motorized bicycles.” As defined in Section 316.003, “Motorized bicycle” means that the bicycle is not capable of self-propulsion, but is propelled instead by a combination of human power and an electric helper motor at a speed of not more than 20 miles per hour on level ground.
In interpreting this definition, Florida appellate courts across the State have taken the view that the law means exactly what it says. Thus, if it is a “moped” powered by gasoline, it requires a license. If the vehicle is powered exclusively by battery, it requires a license. If the propulsion for the vehicle does not derive from a combination human and electric power, then it requires a license. Only those vehicles falling within the narrow exception provided in Section 322.01(27)(referring to Section 316.003) are exempt from the requirement of a driver’s license.
Troy J. Webber is a Jacksonville, Florida criminal defense lawyer and managing member of the law firm of Hussein & Webber, PL. Mr. Webber is a graduate of the University of Florida, Levin College of Law, and a former Assistant Public Defender in the Eighteenth Judicial Circuit of Brevard County, Florida. His practice experience includes over 1,500 criminal cases, twenty five jury trials, and numerous circuit court criminal appeals. For additional information, visit http://www.husseinandwebber.com
Article Source:
http://EzineArticles.com/?expert=Troy_John_Webber
If you need to know the value of a piece of real estate anywhere from a month ago to a decade ago, it can be done. I’ll show you how it can be done. How it can benefit you or your clients. How an appraiser arrives at value even long after you have sold and moved away. As an experienced appraiser in Southern California with over 20 years experience I would like to share my real estate experience with you.
What is a historical appraisal? Really all appraisals are just a snap-shot of time. Most appraisals are for current market value. So the very day the appraiser comes out and inspects the property the value is valid on that date only and could become no longer valid the very next day. There could be an economic or natural disaster that could change the value overnight. With a historical appraisal the effective date is what the property was worth on that required date, anywhere from last month to 10 or more years ago.
What is the purpose of a historical appraisal? Many and varied reasons. Many accountants and financial planners need to determine the value of property held in estate when the owner dies. This is known as a “Date of Death” appraisal. The IRS will want a professional appraisal in the file to document the value as of that date. Attorneys use the historical appraisal to determine what assets belong to which party. For example let’s say a single person bought a home in 1985 but met and married current spouse in 1995 and separated in 2005. It would be important to know the fair market value on those dates for fair and equitable dissolution. The same would be true of business partners in a property or even family members that pooled financial resources but need to move on.
Are there limitations to what can be done? You would think if you had sold the property years ago and moved away that it could not be done. That’s not true. I recently appraised a property 10 years back, that at the time it was only 1/2 the size, was before the swimming pool, and the owner sold and moved out long ago. In this case an exterior “drive-by” appraisal was called for and the house was valued based on the previous size, minus the pool and without bothering the new owner. In this case both opposing appraisals came in very close to each other and settlement was that much easier.
A historical appraisal sometimes involves similar principles of New Construction Appraisals where only specifications on paper exist and the appraiser determines the value as if completed to your plans and specs. This is sometimes referred to as a Feasibility Study and used to determine if what you plan on building is worth what you expect it to be worth and what adjustments in the build will increase or decrease value.
In these more complicated retro-active or historical appraisals it is important to find an appraiser with years of experience in that market area. An appraiser with sufficient experience may have insight in this area before, during and after changes that have occurred over the last 20 years in that target market. Additionally there are certain appraisal formats that are acceptable for use and others that are in direct OREA violation.
Lastly in historic appraisals, the use of comparable data must all fall before the effective date of the appraisal. If your effective date is 1-17-94 all sales comparables must fall before that date, none after. If for example you needed to know the value of a property sometime around the Northridge earthquake, using sale comps before or after would have tremendous impact on that value.
If the appraisal is for court work we may be called on the witness stand to testify to our report and defend it against the opposing attorney and his witness. There are additional fees for this type of testimony. As a professional appraiser it’s my responsibility to be the best possible resource for my client.
If I can be of help to you I can be reached at activerain.com/cdiamond .
Appraiser/Author
Clifford Diamond, CREA
clients for over
15 years!
RSS Feed
Appraisal Services
|
I specialize in all areas of Residential Appraisal including:
|
Contact Details
If you have any questions about my services or programs, don't hesitate to call or send me an e-mail.
727-688-1890 (Cell)
727-867-9598 (Fax)