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House Bill 1723

Florida House of Representatives - 1997 HB 1723 By the Committee on Finance & Taxation and Representatives Starks, Ogles, Arnall and Hill 1 A bill to be entitled 2 An act relating to ad valorem taxation; 3 amending s. 192.001, F.S.; defining "computer 4 software" for purposes of imposing ad valorem 5 taxes; specifying circumstances under which 6 computer software constitutes personal 7 property; providing application; amending s. 8 193.155, F.S.; removing provisions relating to 9 correction of erroneous assessments of 10 homestead property; providing for assessment of 11 homestead property for which back assessment is 12 authorized under s. 193.092, F.S.; providing 13 for retroactive application; amending s. 14 196.012, F.S.; redefining "educational 15 institution," for purposes of the exemption of 16 such institutions from ad valorem taxation, to 17 include certain schools providing postgraduate 18 dental education; amending s. 196.195, F.S.; 19 specifying that certain nonprofit corporations 20 are nonprofit for purposes of determining 21 eligibility for the religious, literary, 22 scientific, or charitable ad valorem tax 23 exemption and providing requirements for 24 establishing such status; amending s. 196.196, 25 F.S.; providing an additional criterion for use 26 in determining whether property is being used 27 for a charitable, religious, scientific, or 28 literary purpose; providing effective dates. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1723 696-106-97 1 Section 1. (1) Subsection (19) is added to section 2 192.001, Florida Statutes, to read: 3 192.001 Definitions.--All definitions set out in 4 chapters 1 and 200 that are applicable to this part are 5 included herein. In addition, the following definitions shall 6 apply in the imposition of ad valorem taxes: 7 (19) "Computer software" means any information, 8 program, or routine, or any set of one or more programs, 9 routines, or collections of information used or intended for 10 use to convey information or to cause one or more computers or 11 pieces of computer-related peripheral equipment, or any 12 combination thereof, to perform a task or set of tasks. 13 Without limiting the generality of the definition provided in 14 this subsection, the term includes operating and applications 15 programs and all related documentation. Computer software 16 does not include embedded software which resides permanently 17 in the internal memory of a computer or computer-related 18 peripheral equipment and which is not removable without 19 terminating the operation of the computer or equipment. 20 Computer software constitutes personal property only to the 21 extent of the value of the unmounted or uninstalled medium on 22 or in which the information, program, or routine is stored or 23 transmitted, and, after installation or mounting by any 24 person, computer software does not increase the value of the 25 computer or computer-related peripheral equipment, or any 26 combination thereof. 27 (2) This section shall take effect upon this act 28 becoming a law, and shall apply to the 1997 tax rolls and 29 thereafter and to any assessment in an administrative or 30 judicial action pending on the effective date of this section. 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1723 696-106-97 1 Section 2. (1) Subsections (8) and (9) of section 2 193.155, Florida Statutes, are amended to read: 3 193.155 Homestead assessments.--Homestead property 4 shall be assessed at just value as of January 1, 1994. 5 Property receiving the homestead exemption after January 1, 6 1994, shall be assessed at just value as of January 1 of the 7 year in which the property receives the exemption. Thereafter, 8 determination of the assessed value of the property is subject 9 to the following provisions: 10 (8) Any homestead property for which back assessment 11 is authorized under s. 193.092 shall be assessed as provided 12 for in s. 193.092. Erroneous assessments of homestead property 13 assessed under this section may be corrected in the following 14 manner: 15 (a) If errors are made in arriving at any annual 16 assessment under this section due to a material mistake of 17 fact concerning an essential characteristic of the property, 18 the assessment must be recalculated for every such year. 19 (b) If changes, additions, or improvements are not 20 assessed at just value as of the first January 1 after they 21 were substantially completed, the property appraiser shall 22 determine the just value for such changes, additions, or 23 improvements for the year they were substantially completed. 24 Assessments for subsequent years shall be corrected, applying 25 this section if applicable. 26 27 If back taxes are due pursuant to s. 193.092, the corrections 28 made pursuant to this subsection shall be used to calculate 29 such back taxes. 30 (9) If the property appraiser determines that for any 31 year or years within the prior 10 years a person who was not 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1723 696-106-97 1 entitled to the homestead property assessment limitation 2 granted under this section was granted the homestead property 3 assessment limitation, the property appraiser making such 4 determination shall record in the public records of the county 5 a notice of tax lien against any property owned by that person 6 in the county, and such property must be identified in the 7 notice of tax lien. Such property that is situated in this 8 state is subject to the unpaid taxes, plus a penalty of 50 9 percent of the unpaid taxes for each year and 15 percent 10 interest per annum. However, when a person entitled to 11 exemption pursuant to s. 196.031 inadvertently receives the 12 limitation pursuant to this section following a change of 13 ownership, the assessment of such property must be corrected 14 as provided in paragraph (8)(a), and the person need not pay 15 the unpaid taxes, penalties, or interest. 16 (2) This section shall take effect upon this act 17 becoming a law, and shall apply retroactively to all tax rolls 18 beginning January 1, 1995. 19 Section 3. Subsection (5) of section 196.012, Florida 20 Statutes, is amended to read: 21 196.012 Definitions.--For the purpose of this chapter, 22 the following terms are defined as follows, except where the 23 context clearly indicates otherwise: 24 (5) "Educational institution" means a federal, state, 25 parochial, church, or private school, college, or university 26 conducting regular classes and courses of study required for 27 eligibility to certification by, accreditation to, or 28 membership in the State Department of Education of Florida, 29 Southern Association of Colleges and Schools, or the Florida 30 Council of Independent Schools; a nonprofit private school the 31 principal activity of which is conducting regular classes and 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1723 696-106-97 1 courses of study accepted for continuing postgraduate dental 2 education credit by a board of the Division of Medical Quality 3 Assurance; educational direct-support organizations created 4 pursuant to ss. 229.8021, 240.299, and 240.331; and facilities 5 located on the property of eligible entities which will become 6 owned by those entities on a date certain. 7 Section 4. Section 196.195, Florida Statutes, is 8 amended to read: 9 196.195 Determining profit or nonprofit status of 10 applicant.-- 11 (1) Applicants requesting exemption shall supply such 12 fiscal and other records showing in reasonable detail the 13 financial condition, record of operation, and exempt and 14 nonexempt uses of the property, where appropriate, for the 15 immediately preceding fiscal year as are requested by the 16 property appraiser or the value adjustment board. 17 (2) In determining whether an applicant for a 18 religious, literary, scientific, or charitable exemption under 19 this chapter is a nonprofit or profitmaking venture or whether 20 the property is used for a profitmaking purpose, the following 21 criteria shall be applied: 22 (a) The reasonableness of any advances or payment 23 directly or indirectly by way of salary, fee, loan, gift, 24 bonus, gratuity, drawing account, commission, or otherwise 25 (except for reimbursements of advances for reasonable 26 out-of-pocket expenses incurred on behalf of the applicant) to 27 any person, company, or other entity directly or indirectly 28 controlled by the applicant or any officer, director, trustee, 29 member, or stockholder of the applicant; 30 (b) The reasonableness of any guaranty of a loan to, 31 or an obligation of, any officer, director, trustee, member, 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1723 696-106-97 1 or stockholder of the applicant or any entity directly or 2 indirectly controlled by such person, or which pays any 3 compensation to its officers, directors, trustees, members, or 4 stockholders for services rendered to or on behalf of the 5 applicant; 6 (c) The reasonableness of any contractual arrangement 7 by the applicant or any officer, director, trustee, member, or 8 stockholder of the applicant regarding rendition of services, 9 the provision of goods or supplies, the management of the 10 applicant, the construction or renovation of the property of 11 the applicant, the procurement of the real, personal, or 12 intangible property of the applicant, or other similar 13 financial interest in the affairs of the applicant; 14 (d) The reasonableness of payments made for salaries 15 for the operation of the applicant or for services, supplies 16 and materials used by the applicant, reserves for repair, 17 replacement, and depreciation of the property of the 18 applicant, payment of mortgages, liens, and encumbrances upon 19 the property of the applicant, or other purposes; and 20 (e) The reasonableness of charges made by the 21 applicant for any services rendered by it in relation to the 22 value of those services, and, if such charges exceed the value 23 of the services rendered, whether the excess is used to pay 24 maintenance and operational expenses in furthering its exempt 25 purpose or to provide services to persons unable to pay for 26 the services. 27 (3) Each applicant must affirmatively show that no 28 part of the subject property, or the proceeds of the sale, 29 lease, or other disposition thereof, will inure to the benefit 30 of its members, directors, or officers or any person or firm 31 operating for profit or for a nonexempt purpose. 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1723 696-106-97 1 (4) Notwithstanding the provisions of subsections (2) 2 and (3), a corporation organized as nonprofit under chapter 3 617 which has a valid consumer certificate of exemption 4 pursuant to s. 212.08(7)(o) and which has a valid exemption 5 from federal income tax under s. 501(c)(3) of the Internal 6 Revenue Code is nonprofit. Proof provided by a corporation of 7 its status as described in this subsection shall be sufficient 8 to establish the organization's nonprofit status and any 9 corporation providing such proof is not required to provide 10 any other information in order to establish its nonprofit 11 status. 12 (5)(4) No application for exemption may be granted for 13 religious, literary, scientific, or charitable use of property 14 until the applicant has been found by the property appraiser 15 or, upon appeal, by the value adjustment board to be nonprofit 16 as defined in this section. 17 Section 5. Paragraph (c) is added to subsection (1) of 18 section 196.196, Florida Statutes, to read: 19 196.196 Determining whether property is entitled to 20 charitable, religious, scientific, or literary exemption.-- 21 (1) In the determination of whether an applicant is 22 actually using all or a portion of its property predominantly 23 for a charitable, religious, scientific, or literary purpose, 24 the following criteria shall be applied: 25 (c) The extent to which the property is used to 26 conduct activities which cause a corporation to qualify for a 27 consumer certificate of exemption under s. 212.08(7)(o). Such 28 activities shall be considered as part of the exempt purposes 29 of the applicant. 30 Section 6. Except as otherwise provided herein, this 31 act shall take effect January 1, 1998. 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1723 696-106-97 1 ***************************************** 2 HOUSE SUMMARY 3 Defines "computer software" for purposes of imposing ad 4 valorem taxes and specifies circumstances under which computer software constitutes personal property. 5 6 Removes provisions relating to correction of erroneous assessments of homestead property and provides for 7 assessment of homestead property for which back assessment is authorized under s. 193.092, F.S. Provides 8 for retroactive application. 9 Redefines "educational institution," for purposes of 10 exempting such institutions from ad valorem taxation, to include schools conducting classes and courses of study 11 accepted for continuing postgraduate dental education by a board of the Division of Medical Quality Assurance. 12 13 Specifies that nonprofit corporations which have a valid certificate of exemption under s. 212.08(7)(o), F.S., and 14 which are exempt under s. 501(c)(3) of the Internal Revenue Code, are nonprofit for purposes of determining 15 eligibility for the religious, literary, scientific, or charitable ad valorem tax exemption, and provides an 16 additional criterion for use in determining whether property is being used for such purposes. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8