Florida Senate - 2017 SB 778 By Senator Garcia 36-01289-17 2017778__ 1 A bill to be entitled 2 An act relating to an ad valorem tax exemption for 3 historic condominiums and cooperatives; amending s. 4 196.1961, F.S.; expanding an ad valorem tax exemption 5 for certain historic property to include historic 6 condominiums and cooperatives; providing an exception 7 from the criterion that property under the exemption 8 be regularly open to the public; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 196.1961, Florida Statutes, is amended 14 to read: 15 196.1961 Exemption for historic condominiums and 16 cooperatives and historic property used for certain commercial 17 or nonprofit purposes.— 18 (1) Pursuant to s. 3, Art. VII of the State Constitution, 19 the board of county commissioners of any county or the governing 20 authority of any municipality may adopt an ordinance to allow an 21 ad valorem tax exemption of up to 50 percent of the assessed 22 value of property which meets all of the following criteria: 23 (a) The property must be a condominium or cooperative, used 24 for commercial purposes, or used by a not-for-profit 25 organization under s. 501(c)(3) or (6) of the Internal Revenue 26 Code of 1986. 27 (b) The property must be listed in the National Register of 28 Historic Places, as defined in s. 267.021; or must be a 29 contributing property to a National Register Historic District; 30 or must be designated as a historic property or as a 31 contributing property to a historic district, under the terms of 32 a local preservation ordinance. 33 (c) The property must be regularly open to the public if it 34 is used for commercial purposes or used by a not-for-profit 35 organization. 36 (2) As used in this section, “regularly open to the public” 37 means that there are regular hours when the public may visit to 38 observe the historically significant aspects of the building. 39 This means a minimum of 40 hours per week, for 45 weeks per 40 year, or an equivalent of 1,800 hours per year. A fee may be 41 charged to the public; however, it must be comparable with other 42 entrance fees in the immediate geographic locale. 43 (3) The board of county commissioners or municipal 44 governing authority shall notify the property appraiser of the 45 adoption of such ordinance no later than December 1 of the year 46 prior to the year the exemption will take effect. If the 47 exemption is granted only for a specified period or the 48 ordinance is repealed, the board of county commissioners or 49 municipal governing authority shall notify the property 50 appraiser no later than December 1 of the year prior to the year 51 the exemption expires. The ordinance must specify that the 52 exemption shall apply only to taxes levied by the unit of 53 government granting the exemption. The exemption does not apply, 54 however, to taxes levied for the payment of bonds or to taxes 55 authorized by a vote of the electors pursuant to s. 9(b) or s. 56 12, Art. VII of the State Constitution. 57 (4) Only those portions of the property used predominantly 58 for the purposes specified in paragraph (1)(a) shall be exempt. 59 In no event shall an incidental use of property qualify such 60 property for an exemption or impair the exemption of an 61 otherwise exempt property. 62 (5) In order to retain the exemption, the historic 63 character of the property must be maintained in good repair and 64 condition to the extent necessary to preserve the historic value 65 and significance of the property. 66 Section 2. This act shall take effect July 1, 2017.