| 1 | A bill to be entitled |
| 2 | An act relating to waterfront property; amending s. |
| 3 | 163.3177, F.S.; requiring the future land use plan element |
| 4 | of a local comprehensive plan for a coastal county to |
| 5 | include criteria to encourage the preservation of |
| 6 | recreational and commercial working waterfronts; including |
| 7 | public access to waterways within those items indicated in |
| 8 | a recreation and open space element; amending s. 163.3178, |
| 9 | F.S.; providing requirements for the shoreline use |
| 10 | component of a coastal management element with respect to |
| 11 | recreational and commercial working waterfronts; amending |
| 12 | s. 253.03, F.S.; requiring the Board of Trustees of the |
| 13 | Internal Improvement Trust Fund to encourage certain uses |
| 14 | for sovereign submerged lands; establishing the |
| 15 | Waterfronts Florida Program within the Department of |
| 16 | Community Affairs; providing definitions; requiring that |
| 17 | the program implement the Waterfronts Florida Partnership |
| 18 | Program in coordination with the Department of |
| 19 | Environmental Protection; requiring the Department of |
| 20 | Environmental Protection, in coordination with the Fish |
| 21 | and Wildlife Conservation Commission, to study the use of |
| 22 | state parks for recreational boating; requiring that the |
| 23 | department make recommendations to the Governor and the |
| 24 | Legislature; amending s. 327.47, F.S.; providing for |
| 25 | funding certain boating grant programs administered by the |
| 26 | Fish and Wildlife Conservation Commission; amending s. |
| 27 | 328.72, F.S.; increasing vessel registration fees; |
| 28 | providing for a portion of the fees to be designated for |
| 29 | boating grant programs; amending s. 328.76, F.S.; |
| 30 | clarifying the use of funds designated for boating grant |
| 31 | programs; creating s. 342.07, F.S.; enunciating the |
| 32 | state's interest in maintaining recreational and |
| 33 | commercial working waterfronts; defining the term |
| 34 | "recreational and commercial working waterfront"; creating |
| 35 | ss. 197.304-197.3047, F.S.; providing a tax deferral for |
| 36 | ad valorem taxes and non-ad valorem assessments covered by |
| 37 | a tax certificate and levied on recreational and |
| 38 | commercial working waterfronts; providing certain |
| 39 | exceptions; specifying the rate of the deferral; providing |
| 40 | that the taxes, assessments, and interest deferred |
| 41 | constitute a prior lien on the property; providing an |
| 42 | application process; providing notice requirements; |
| 43 | providing for a decision of the tax collector to be |
| 44 | appealed to the value adjustment board; providing for |
| 45 | calculating the deferral; providing requirements for |
| 46 | deferred payment tax certificates; providing for the |
| 47 | deferral to cease if there is a change in the use of the |
| 48 | property; requiring notice to the tax collector; requiring |
| 49 | payment of deferred taxes, assessments, and interest under |
| 50 | certain circumstances; authorizing specified parties to |
| 51 | make a prepayment of deferred taxes; providing for |
| 52 | distribution of payments; providing for construction of |
| 53 | provisions authorizing the deferments; providing |
| 54 | penalties; providing for a penalty to be appealed to the |
| 55 | value adjustment board; providing an effective date. |
| 56 |
|
| 57 | Be It Enacted by the Legislature of the State of Florida: |
| 58 |
|
| 59 | Section 1. Paragraphs (a) and (e) of subsection (6) of |
| 60 | section 163.3177, Florida Statutes, are amended to read: |
| 61 | 163.3177 Required and optional elements of comprehensive |
| 62 | plan; studies and surveys.-- |
| 63 | (6) In addition to the requirements of subsections |
| 64 | (1)-(5), the comprehensive plan shall include the following |
| 65 | elements: |
| 66 | (a) A future land use plan element designating proposed |
| 67 | future general distribution, location, and extent of the uses of |
| 68 | land for residential uses, commercial uses, industry, |
| 69 | agriculture, recreation, conservation, education, public |
| 70 | buildings and grounds, other public facilities, and other |
| 71 | categories of the public and private uses of land. Counties are |
| 72 | encouraged to designate rural land stewardship areas, pursuant |
| 73 | to the provisions of paragraph (11)(d), as overlays on the |
| 74 | future land use map. Each future land use category must be |
| 75 | defined in terms of uses included, and must include standards to |
| 76 | be followed in the control and distribution of population |
| 77 | densities and building and structure intensities. The proposed |
| 78 | distribution, location, and extent of the various categories of |
| 79 | land use shall be shown on a land use map or map series which |
| 80 | shall be supplemented by goals, policies, and measurable |
| 81 | objectives. The future land use plan shall be based upon |
| 82 | surveys, studies, and data regarding the area, including the |
| 83 | amount of land required to accommodate anticipated growth; the |
| 84 | projected population of the area; the character of undeveloped |
| 85 | land; the availability of public services; the need for |
| 86 | redevelopment, including the renewal of blighted areas and the |
| 87 | elimination of nonconforming uses which are inconsistent with |
| 88 | the character of the community; the compatibility of uses on |
| 89 | lands adjacent to or closely proximate to military |
| 90 | installations; and, in rural communities, the need for job |
| 91 | creation, capital investment, and economic development that will |
| 92 | strengthen and diversify the community's economy. The future |
| 93 | land use plan may designate areas for future planned development |
| 94 | use involving combinations of types of uses for which special |
| 95 | regulations may be necessary to ensure development in accord |
| 96 | with the principles and standards of the comprehensive plan and |
| 97 | this act. The future land use plan element shall include |
| 98 | criteria to be used to achieve the compatibility of adjacent or |
| 99 | closely proximate lands with military installations. In |
| 100 | addition, for rural communities, the amount of land designated |
| 101 | for future planned industrial use shall be based upon surveys |
| 102 | and studies that reflect the need for job creation, capital |
| 103 | investment, and the necessity to strengthen and diversify the |
| 104 | local economies, and shall not be limited solely by the |
| 105 | projected population of the rural community. The future land use |
| 106 | plan of a county may also designate areas for possible future |
| 107 | municipal incorporation. The land use maps or map series shall |
| 108 | generally identify and depict historic district boundaries and |
| 109 | shall designate historically significant properties meriting |
| 110 | protection. For coastal counties, the future land use element |
| 111 | must include criteria that encourage the preservation of |
| 112 | recreational and commercial working waterfronts as defined in s. |
| 113 | 342.07. The future land use element must clearly identify the |
| 114 | land use categories in which public schools are an allowable |
| 115 | use. When delineating the land use categories in which public |
| 116 | schools are an allowable use, a local government shall include |
| 117 | in the categories sufficient land proximate to residential |
| 118 | development to meet the projected needs for schools in |
| 119 | coordination with public school boards and may establish |
| 120 | differing criteria for schools of different type or size. Each |
| 121 | local government shall include lands contiguous to existing |
| 122 | school sites, to the maximum extent possible, within the land |
| 123 | use categories in which public schools are an allowable use. All |
| 124 | comprehensive plans must comply with the school siting |
| 125 | requirements of this paragraph no later than October 1, 1999. |
| 126 | The failure by a local government to comply with these school |
| 127 | siting requirements by October 1, 1999, will result in the |
| 128 | prohibition of the local government's ability to amend the local |
| 129 | comprehensive plan, except for plan amendments described in s. |
| 130 | 163.3187(1)(b), until the school siting requirements are met. |
| 131 | Amendments proposed by a local government for purposes of |
| 132 | identifying the land use categories in which public schools are |
| 133 | an allowable use or for adopting or amending the school-siting |
| 134 | maps pursuant to s. 163.31776(3) are exempt from the limitation |
| 135 | on the frequency of plan amendments contained in s. 163.3187. |
| 136 | The future land use element shall include criteria that |
| 137 | encourage the location of schools proximate to urban residential |
| 138 | areas to the extent possible and shall require that the local |
| 139 | government seek to collocate public facilities, such as parks, |
| 140 | libraries, and community centers, with schools to the extent |
| 141 | possible and to encourage the use of elementary schools as focal |
| 142 | points for neighborhoods. For schools serving predominantly |
| 143 | rural counties, defined as a county with a population of 100,000 |
| 144 | or fewer, an agricultural land use category shall be eligible |
| 145 | for the location of public school facilities if the local |
| 146 | comprehensive plan contains school siting criteria and the |
| 147 | location is consistent with such criteria. Local governments |
| 148 | required to update or amend their comprehensive plan to include |
| 149 | criteria and address compatibility of adjacent or closely |
| 150 | proximate lands with existing military installations in their |
| 151 | future land use plan element shall transmit the update or |
| 152 | amendment to the department by June 30, 2006. |
| 153 | (e) A recreation and open space element indicating a |
| 154 | comprehensive system of public and private sites for recreation, |
| 155 | including, but not limited to, natural reservations, parks and |
| 156 | playgrounds, parkways, beaches and public access to beaches, |
| 157 | open spaces, waterways, and other recreational facilities. |
| 158 | Section 2. Paragraph (g) of subsection (2) of section |
| 159 | 163.3178, Florida Statutes, is amended to read: |
| 160 | 163.3178 Coastal management.-- |
| 161 | (2) Each coastal management element required by s. |
| 162 | 163.3177(6)(g) shall be based on studies, surveys, and data; be |
| 163 | consistent with coastal resource plans prepared and adopted |
| 164 | pursuant to general or special law; and contain: |
| 165 | (g) A shoreline use component that which identifies public |
| 166 | access to beach and shoreline areas and addresses the need for |
| 167 | water-dependent and water-related facilities, including marinas, |
| 168 | along shoreline areas. Such component must include the |
| 169 | strategies that will be used to preserve recreational and |
| 170 | commercial working waterfronts as defined in s. 342.07. |
| 171 | Section 3. Subsection (15) of section 253.03, Florida |
| 172 | Statutes, is renumbered as subsection (16), and a new subsection |
| 173 | (15) is added to said section to read: |
| 174 | 253.03 Board of trustees to administer state lands; lands |
| 175 | enumerated.-- |
| 176 | (15) The Board of Trustees of the Internal Improvement |
| 177 | Trust Fund shall encourage the use of sovereign submerged lands |
| 178 | for water-dependent uses and public access. |
| 179 | Section 4. Waterfronts Florida Program.-- |
| 180 | (1) There is established within the Department of |
| 181 | Community Affairs the Waterfronts Florida Program to provide |
| 182 | technical assistance and support to communities in revitalizing |
| 183 | waterfront areas in this state. |
| 184 | (2) As used in this section, the term: |
| 185 | (a) "Waterfront community" means a municipality or county |
| 186 | that is required to prepare a coastal element for its local |
| 187 | government comprehensive plan. |
| 188 | (b) "Recreational and commercial working waterfront" means |
| 189 | a parcel or parcels of real property that provide access for |
| 190 | water-dependent commercial activities or provide access for the |
| 191 | public to the navigable waters of the state. Recreational and |
| 192 | commercial working waterfronts require direct access to or a |
| 193 | location on, over, or adjacent to a navigable body of water. The |
| 194 | term includes water-dependent facilities that are open to the |
| 195 | public and offer public access by vessels to the waters of the |
| 196 | state or that are support facilities for recreational, |
| 197 | commercial, research, or governmental vessels. These facilities |
| 198 | include docks, wharfs, lifts, wet and dry marinas, boat ramps, |
| 199 | boat hauling and repair facilities, commercial fishing |
| 200 | facilities, boat construction facilities, and other support |
| 201 | structures over the water. |
| 202 | (3) The purpose of this program is to provide technical |
| 203 | assistance, support, training, and financial assistance to |
| 204 | waterfront communities in their efforts to revitalize waterfront |
| 205 | areas. The program shall direct its efforts on the following |
| 206 | priority concerns: |
| 207 | (a) Protecting environmental and cultural resources; |
| 208 | (b) Providing public access; |
| 209 | (c) Mitigating hazards; and |
| 210 | (d) Enhancing the viable traditional economy. |
| 211 | (4) The program is responsible for: |
| 212 | (a) Implementing the Waterfronts Florida Partnership |
| 213 | Program. The department, in coordination with the Department of |
| 214 | Environmental Protection, shall develop procedures and |
| 215 | requirements governing program eligibility, application |
| 216 | procedures, and application review. |
| 217 | (b) Serving as a source for information and technical |
| 218 | assistance for Florida's waterfront communities in preserving |
| 219 | traditional recreational and commercial working waterfronts. |
| 220 | Section 5. The Department of Environmental Protection, in |
| 221 | coordination with the Fish and Wildlife Conservation Commission, |
| 222 | shall undertake a study evaluating the current use of state |
| 223 | parks for purposes of recreational boating and identify |
| 224 | opportunities for increasing recreational boating access within |
| 225 | the state park system. The study must include recommendations |
| 226 | regarding the most appropriate locations for expanding existing |
| 227 | recreational boating facilities and must identify state parks |
| 228 | where new recreational boating facilities may be located. The |
| 229 | report must contain estimates of the costs necessary to expand |
| 230 | and construct additional recreational boating facilities at |
| 231 | specific state parks. The department shall submit a report |
| 232 | summarizing its findings and recommendations to the Governor, |
| 233 | the President of the Senate, and the Speaker of the House of |
| 234 | Representatives by January 1, 2006. |
| 235 | Section 6. Section 327.47, Florida Statutes, is amended to |
| 236 | read: |
| 237 | 327.47 Competitive grant programs.--The commission shall |
| 238 | develop and administer competitive grant programs funded with |
| 239 | moneys transferred pursuant to ss. s. 206.606(1)(d) and |
| 240 | 328.72(1). Grants may be awarded for the construction and |
| 241 | maintenance of publicly owned boat ramps, piers, and docks; |
| 242 | boater education; deployment of manatee technical avoidance |
| 243 | technology; and economic development initiatives that promote |
| 244 | boating in the state. The commission may adopt rules pursuant to |
| 245 | chapter 120 to implement this section. |
| 246 | Section 7. Subsections (1) and (15) of section 328.72, |
| 247 | Florida Statutes, are amended to read: |
| 248 | 328.72 Classification; registration; fees and charges; |
| 249 | surcharge; disposition of fees; fines; marine turtle stickers.-- |
| 250 | (1) VESSEL REGISTRATION FEE.--Vessels that are required to |
| 251 | be registered shall be classified for registration purposes |
| 252 | according to the following schedule, and the registration |
| 253 | certificate fee shall be in the following amounts: |
| 254 | Class A-1--Less than 12 feet in length, and all canoes to |
| 255 | which propulsion motors have been attached, regardless of |
| 256 | length....$4.50 (To boating grant programs)....1.00 $3.50 |
| 257 | Class A-2--12 feet or more and less than 16 feet in |
| 258 | length....13.50 10.50 (To county)....2.85 (To boating grant |
| 259 | programs)....3.00 |
| 260 | Class 1--16 feet or more and less than 26 feet in |
| 261 | length....23.50 18.50 (To county)....8.85 (To boating grant |
| 262 | programs)....5.00 |
| 263 | Class 2--26 feet or more and less than 40 feet in |
| 264 | length....63.50 50.50 (To county)....32.85 (To boating grant |
| 265 | programs)....13.00 |
| 266 | Class 3--40 feet or more and less than 65 feet in |
| 267 | length....103.50 82.50 (To county)....56.85 (To boating grant |
| 268 | programs)....21.00 |
| 269 | Class 4--65 feet or more and less than 110 feet in |
| 270 | length....123.50 98.50 (To county)....68.85 (To boating grant |
| 271 | programs)....25.00 |
| 272 | Class 5--110 feet or more in length....153.50 122.50 (To |
| 273 | county)....86.85 (To boating grant programs)....31.00 |
| 274 | Dealer registration certificate ....20.50 16.50 (To |
| 275 | boating grant programs)....4.00 |
| 276 |
|
| 277 | The county portion of the vessel registration fee is derived |
| 278 | from recreational vessels only. |
| 279 | (15) DISTRIBUTION OF FEES.--Except for the first $1, which |
| 280 | shall be remitted to the state for deposit into the Save the |
| 281 | Manatee Trust Fund created within the Fish and Wildlife |
| 282 | Conservation Commission, moneys designated for the use of the |
| 283 | counties, as specified in subsection (1), shall be distributed |
| 284 | by the tax collector to the board of county commissioners for |
| 285 | use as provided in this section. Such moneys to be returned to |
| 286 | the counties are for the sole purposes of providing recreational |
| 287 | channel marking and public launching facilities and other |
| 288 | boating-related activities, for removal of vessels and floating |
| 289 | structures deemed a hazard to public safety and health for |
| 290 | failure to comply with s. 327.53, and for manatee and marine |
| 291 | mammal protection and recovery. Moneys designated for the |
| 292 | boating grant programs shall be transferred to the Marine |
| 293 | Resources Conservation Trust Fund within the Fish and Wildlife |
| 294 | Conservation Commission and used exclusively for the competitive |
| 295 | grant programs provided in s. 327.47. |
| 296 | Section 8. Subsection (1) of section 328.76, Florida |
| 297 | Statutes, is amended to read: |
| 298 | 328.76 Marine Resources Conservation Trust Fund; vessel |
| 299 | registration funds; appropriation and distribution.-- |
| 300 | (1) Except as otherwise specified in this subsection and |
| 301 | less $1.4 million for any administrative costs which shall be |
| 302 | deposited in the Highway Safety Operating Trust Fund, in each |
| 303 | fiscal year beginning on or after July 1, 2001, all funds |
| 304 | collected from the registration of vessels through the |
| 305 | Department of Highway Safety and Motor Vehicles and the tax |
| 306 | collectors of the state, except for those funds designated as |
| 307 | the county portion and those funds designated as the boating |
| 308 | grants portion pursuant to s. 328.72(1), shall be deposited in |
| 309 | the Marine Resources Conservation Trust Fund for recreational |
| 310 | channel marking; public launching facilities; law enforcement |
| 311 | and quality control programs; aquatic weed control; manatee |
| 312 | protection, recovery, rescue, rehabilitation, and release; and |
| 313 | marine mammal protection and recovery. The funds collected |
| 314 | pursuant to s. 328.72(1) shall be transferred as follows: |
| 315 | (a) In each fiscal year, an amount equal to $1.50 for each |
| 316 | commercial and recreational vessel registered in this state |
| 317 | shall be transferred by the Department of Highway Safety and |
| 318 | Motor Vehicles to the Save the Manatee Trust Fund and shall be |
| 319 | used only for the purposes specified in s. 370.12(4). |
| 320 | (b) An amount equal to $2 from each recreational vessel |
| 321 | registration fee, except that for class A-1 vessels, shall be |
| 322 | transferred by the Department of Highway Safety and Motor |
| 323 | Vehicles to the Invasive Plant Control Trust Fund in the |
| 324 | Department of Environmental Protection for aquatic weed research |
| 325 | and control. |
| 326 | (c) An amount equal to 40 percent of the registration fees |
| 327 | from commercial vessels shall be transferred by the Department |
| 328 | of Highway Safety and Motor Vehicles to the Invasive Plant |
| 329 | Control Trust Fund in the Department of Environmental Protection |
| 330 | for aquatic plant research and control. |
| 331 | (d) An amount equal to 40 percent of the registration fees |
| 332 | from commercial vessels shall be transferred by the Department |
| 333 | of Highway Safety and Motor Vehicles, on a monthly basis, to the |
| 334 | General Inspection Trust Fund of the Department of Agriculture |
| 335 | and Consumer Services. These funds shall be used for shellfish |
| 336 | and aquaculture law enforcement and quality control programs. |
| 337 | Section 9. Section 342.07, Florida Statutes, is created to |
| 338 | read: |
| 339 | 342.07 Recreational and commercial working waterfronts; |
| 340 | legislative findings; definitions.-- |
| 341 | (1) The Legislature recognizes that there is an important |
| 342 | state interest in facilitating boating access to the state's |
| 343 | navigable waters. This access is vital to recreational users and |
| 344 | the marine industry in the state, to maintaining or enhancing |
| 345 | the $14 billion economic impact of boating in the state, and to |
| 346 | ensuring continued access to all residents and visitors to the |
| 347 | navigable waters of the state. The Legislature recognizes that |
| 348 | there is an important state interest in maintaining viable |
| 349 | water-dependent support facilities, such as boat hauling and |
| 350 | repairing and commercial fishing facilities, and in maintaining |
| 351 | the availability of public access to the navigable waters of the |
| 352 | state. The Legislature further recognizes that the waterways of |
| 353 | the state are important for engaging in commerce and the |
| 354 | transportation of goods and people upon such waterways and that |
| 355 | such commerce and transportation is not feasible unless there is |
| 356 | access to and from the navigable waters of the state through |
| 357 | recreational and commercial working waterfronts. |
| 358 | (2) As used in this section, the term "recreational and |
| 359 | commercial working waterfront" means a parcel or parcels of real |
| 360 | property that provide access for water-dependent commercial |
| 361 | activities or provide access for the public to the navigable |
| 362 | waters of the state. Recreational and commercial working |
| 363 | waterfronts require direct access to or a location on, over, or |
| 364 | adjacent to a navigable body of water. The term includes water- |
| 365 | dependent facilities that are open to the public and offer |
| 366 | public access by vessels to the waters of the state or that are |
| 367 | support facilities for recreational, commercial, research, or |
| 368 | governmental vessels. These facilities include docks, wharfs, |
| 369 | lifts, wet and dry marinas, boat ramps, boat hauling and repair |
| 370 | facilities, commercial fishing facilities, boat construction |
| 371 | facilities, and other support structures over the water. As used |
| 372 | in this section, the term "vessel" has the same meaning as in s. |
| 373 | 327.02(37). Seaports are excluded from the definition. |
| 374 | Section 10. Sections 197.304, 197.3041, 197.3042, |
| 375 | 197.3043, 197.3044, 197.3045, 197.3046, and 197.3047, Florida |
| 376 | Statutes, are created to read: |
| 377 | 197.304 Tax deferral for recreational and commercial |
| 378 | working waterfronts.-- |
| 379 | (1) Any property owner that owns a recreational and |
| 380 | commercial working waterfront facility as defined in s. 342.07 |
| 381 | may elect to defer payment of a portion of the combined total of |
| 382 | the ad valorem taxes and any non-ad valorem assessments that |
| 383 | would be covered by a tax certificate sold under this chapter |
| 384 | levied on that property by filing an annual application for tax |
| 385 | deferral with the county tax collector on or before January 31 |
| 386 | following the year in which the taxes and non-ad valorem |
| 387 | assessments are assessed. The applicant has the burden to |
| 388 | affirmatively demonstrate compliance with the requirements of |
| 389 | this section. |
| 390 | (2) Approval of an application for tax deferral shall |
| 391 | defer that portion of the combined total of ad valorem taxes and |
| 392 | any non-ad valorem assessments that would be covered by a tax |
| 393 | certificate sold under this chapter otherwise due and payable on |
| 394 | the applicant's non-ad valorem assessments in their entirety. |
| 395 | (3) A tax deferral may not be granted if: |
| 396 | (a) The total amount of deferred taxes, non-ad valorem |
| 397 | assessments, and interest plus the total amount of all other |
| 398 | unsatisfied liens on the property exceeds 85 percent of the |
| 399 | assessed value of the property; or |
| 400 | (b) The primary financing on the property is for an amount |
| 401 | that exceeds 70 percent of the assessed value of the property. |
| 402 | (4) The amount of taxes, non-ad valorem assessments, and |
| 403 | interest deferred shall accrue interest at a rate equal to the |
| 404 | semiannually compounded rate of one-half of 1 percent plus the |
| 405 | average yield to maturity of the long-term fixed-income portion |
| 406 | of the Florida Retirement System investments as of the end of |
| 407 | the quarter preceding the date of the sale of the deferred |
| 408 | payment tax certificates; however, the interest rate may not |
| 409 | exceed 9.5 percent. |
| 410 | (5) The taxes, non-ad valorem assessments, and interest |
| 411 | deferred pursuant to this section constitute a prior lien and |
| 412 | shall attach as of the date and in the same manner and be |
| 413 | collected as other liens for taxes, as provided for under this |
| 414 | chapter, but such deferred taxes, non-ad valorem assessments, |
| 415 | and interest shall only be due, payable, and delinquent as |
| 416 | provided in ss. 197.304-197.3047. |
| 417 | 197.3041 Tax deferral for recreational and commercial |
| 418 | working waterfronts; application.-- |
| 419 | (1) The application for deferral must be made upon a form |
| 420 | prescribed by the department and furnished by the county tax |
| 421 | collector. The application form must be signed upon oath by the |
| 422 | applicant before an officer authorized by the state to |
| 423 | administer oaths. The tax collector may require the applicant to |
| 424 | submit any other evidence and documentation as deemed necessary |
| 425 | by the tax collector in considering the application. The |
| 426 | application form must provide notice to the applicant of the |
| 427 | manner in which interest is computed. Each application form must |
| 428 | contain an explanation of the conditions to be met for approval |
| 429 | and the conditions under which deferred taxes and interest |
| 430 | become due, payable, and delinquent. Each application must |
| 431 | clearly state that all deferrals pursuant to ss. 197.304- |
| 432 | 197.3047 constitute a lien on the applicant's property. |
| 433 | (2)(a) The tax collector shall consider each annual |
| 434 | application for a tax deferral for recreational and commercial |
| 435 | working waterfronts within 30 days after the date the |
| 436 | application is filed or as soon as practicable thereafter. A tax |
| 437 | collector who finds that the applicant is entitled to the tax |
| 438 | deferral shall approve the application and file the application |
| 439 | in the permanent records. A tax collector who finds that the |
| 440 | applicant is not entitled to the deferral shall send a notice of |
| 441 | disapproval within 30 days after the date the application is |
| 442 | filed, giving reasons for the disapproval to the applicant. The |
| 443 | notice must be sent by personal delivery or registered mail to |
| 444 | the mailing address given by the applicant in the manner in |
| 445 | which the original notice thereof was served upon the applicant |
| 446 | and must be filed among the permanent records of the tax |
| 447 | collector's office. The original notice of disapproval sent to |
| 448 | the applicant shall advise the applicant of the right to appeal |
| 449 | the decision of the tax collector to the value adjustment board |
| 450 | and inform the applicant of the procedure for filing such an |
| 451 | appeal. |
| 452 | (b) An appeal of the decision of the tax collector to the |
| 453 | value adjustment board must be in writing on a form prescribed |
| 454 | by the department and furnished by the tax collector. The appeal |
| 455 | must be filed with the value adjustment board within 20 days |
| 456 | after the applicant's receipt of the notice of disapproval. The |
| 457 | value adjustment board shall review the application and the |
| 458 | evidence presented to the tax collector upon which the applicant |
| 459 | based his or her claim for tax deferral and, at the election of |
| 460 | the applicant, shall hear the applicant in person, or by agent |
| 461 | on the applicant's behalf, on his or her right to the tax |
| 462 | deferral. The value adjustment board shall reverse the decision |
| 463 | of the tax collector and grant a tax deferral to the applicant |
| 464 | if, in its judgment, the applicant is entitled to the tax |
| 465 | deferral or shall affirm the decision of the tax collector. |
| 466 | Action by the value adjustment board is final unless the |
| 467 | applicant or tax collector or other lienholder, within 15 days |
| 468 | after the date of disapproval of the application by the board, |
| 469 | files in the circuit court of the county in which the property |
| 470 | is located, a proceeding for a declaratory judgment or other |
| 471 | appropriate proceeding. |
| 472 | (3) Each application must contain a list of, and the |
| 473 | current value of, all outstanding liens on the applicant's |
| 474 | property. |
| 475 | (4) For approved applications, the date of receipt by the |
| 476 | tax collector of the application for tax deferral shall be used |
| 477 | in calculating taxes due and payable net of discounts for early |
| 478 | payment. |
| 479 | (5) If such proof has not been furnished with a prior |
| 480 | application, each applicant shall furnish proof of fire and |
| 481 | extended coverage insurance in an amount that is in excess of |
| 482 | the sum of all outstanding liens and deferred taxes and interest |
| 483 | with a loss payable clause to the county tax collector. |
| 484 | (6) The tax collector shall notify the property appraiser |
| 485 | in writing of those parcels for which taxes have been deferred. |
| 486 | (7) The property appraiser shall promptly notify the tax |
| 487 | collector of changes in ownership of properties that have been |
| 488 | granted a tax deferral. |
| 489 | 197.3042 Deferred payment tax certificates.-- |
| 490 | (1) The tax collector shall notify each local governing |
| 491 | body of the amount of taxes and non-ad valorem assessments |
| 492 | deferred which would otherwise have been collected for such |
| 493 | governing body. The county shall then, at the time of the tax |
| 494 | certificate sale held pursuant to s. 197.432, strike each |
| 495 | certificate off to the county. Certificates issued pursuant to |
| 496 | this section are exempt from the public sale of tax certificates |
| 497 | held pursuant to s. 197.432. |
| 498 | (2) The certificates so held by the county shall bear |
| 499 | interest at a rate equal to the semiannually compounded rate of |
| 500 | 0.5 percent plus the average yield to maturity of the long-term |
| 501 | fixed-income portion of the Florida Retirement System |
| 502 | investments as of the end of the quarter preceding the date of |
| 503 | the sale of the deferred payment tax certificates; however, the |
| 504 | interest rate may not exceed 9.5 percent. |
| 505 | 197.3043 Change in use of property.-- |
| 506 | (1) If there is a change in use of the tax-deferred |
| 507 | property such that the owner is no longer entitled to claim the |
| 508 | property as a recreational and commercial working waterfront |
| 509 | facility, or such person fails to maintain the required fire and |
| 510 | extended insurance coverage, the total amount of deferred taxes |
| 511 | and interest for all previous years becomes due and payable |
| 512 | November 1 of the year in which the change in use occurs or on |
| 513 | the date failure to maintain insurance occurs, and is delinquent |
| 514 | on April 1 of the year following the year in which the change in |
| 515 | use or failure to maintain insurance occurs. |
| 516 | (2) Whenever the property appraiser discovers that there |
| 517 | has been a change in the use of the property that has been |
| 518 | granted a tax deferral, the property appraiser shall notify the |
| 519 | tax collector in writing of the date such change occurs, and the |
| 520 | tax collector shall collect any taxes and interest due or |
| 521 | delinquent. |
| 522 | (3) During any year in which the total amount of deferred |
| 523 | taxes, interest, and all other unsatisfied liens on the property |
| 524 | exceeds 85 percent of the assessed value of the property, the |
| 525 | tax collector shall immediately notify the owner of the property |
| 526 | on which taxes and interest have been deferred that the portion |
| 527 | of taxes and interest which exceeds 85 percent of the assessed |
| 528 | value of the property is due and payable within 30 days after |
| 529 | receipt of the notice. Failure to pay the amount due shall cause |
| 530 | the total amount of deferred taxes and interest to become |
| 531 | delinquent. |
| 532 | (4) Each year, upon notification, each owner of property |
| 533 | on which taxes and interest have been deferred shall submit to |
| 534 | the tax collector a list of, and the current value of, all |
| 535 | outstanding liens on the property. If the owner of the property |
| 536 | fails to respond to this notification within 30 days, the total |
| 537 | amount of deferred taxes and interest becomes payable within 30 |
| 538 | days. |
| 539 | (5) If deferred taxes become delinquent under this |
| 540 | chapter, on or before June 1 following the date the taxes become |
| 541 | delinquent, the tax collector shall sell a tax certificate for |
| 542 | the delinquent taxes and interest in the manner provided by s. |
| 543 | 197.432. |
| 544 | 197.3044 Prepayment of deferred taxes.-- |
| 545 | (1) All or part of the deferred taxes and accrued interest |
| 546 | may at any time be paid to the tax collector by: |
| 547 | (a) The owner of the property. |
| 548 | (b) The next of kin of the owner, heir of the owner, child |
| 549 | of the owner, or any person having or claiming a legal or |
| 550 | equitable interest in the property, if no objection is made by |
| 551 | the owner within 30 days after the tax collector notifies the |
| 552 | owner of the fact that such payment has been tendered. |
| 553 | (2) Any partial payment made pursuant to this section |
| 554 | shall be applied first to accrued interest. |
| 555 | 197.3045 Distribution of payments.--When any deferred |
| 556 | taxes or interest is collected, the tax collector shall maintain |
| 557 | a record of the payment, setting forth a description of the |
| 558 | property and the amount of taxes or interest collected for the |
| 559 | property. The tax collector shall distribute payments received |
| 560 | in accordance with the procedures for distributing ad valorem |
| 561 | taxes or redemption moneys as prescribed in this chapter. |
| 562 | 197.3046 Construction.--Sections 197.304-197.3047 do not |
| 563 | prevent the collection of personal property taxes that become a |
| 564 | lien against tax-deferred property, defer payment of special |
| 565 | assessments to benefited property other than those specifically |
| 566 | allowed to be deferred, or affect any provision of any mortgage |
| 567 | or other instrument relating to property requiring a person to |
| 568 | pay ad valorem taxes or non-ad valorem assessments. |
| 569 | 197.3047 Penalties.-- |
| 570 | (1) The following penalties shall be imposed on any person |
| 571 | who willfully files information required under ss. 197.304- |
| 572 | 197.3047 which is incorrect: |
| 573 | (a) The person shall pay the total amount of taxes and |
| 574 | interest deferred, which amount shall immediately become due; |
| 575 | (b) The person shall be disqualified from filing a tax |
| 576 | deferral application for the next 3 years; and |
| 577 | (c) The person shall pay a penalty of 25 percent of the |
| 578 | total amount of taxes and interest deferred. |
| 579 | (2) Any person against whom the penalties prescribed in |
| 580 | this section have been imposed may appeal the penalties imposed |
| 581 | to the value adjustment board within 30 days after the penalties |
| 582 | are imposed. |
| 583 | Section 11. This act shall take effect July 1, 2005. |