Florida Senate - 2009 (Corrected Copy) SB 1468 By Senator Dean 21-01148B-09 20091468__ 1 A bill to be entitled 2 An act relating to working waterfront property; 3 creating s. 193.704, F.S.; providing definitions; 4 creating s. 193.7041, F.S.; identifying property that 5 is eligible for classification as working waterfront 6 property; requiring the assessment of working 7 waterfront property based on current use; requiring an 8 application for classification of property as working 9 waterfront property; authorizing a property appraiser 10 to approve an application that is not filed by a 11 certain deadline due to extenuating circumstances; 12 providing for waiver of annual application 13 requirements; providing for loss of classification 14 upon a change of ownership or use; requiring property 15 owners to notify the property appraiser of changes in 16 use or ownership of property; imposing a penalty on a 17 property owner that fails to notify the property 18 appraiser of an event that results in the unlawful or 19 improper classification of property as working 20 waterfront property; requiring the imposition of tax 21 liens to recover penalties and interest; providing for 22 the assessment of a portion of property within a 23 working waterfront property which is not used as 24 working waterfront property; requiring a property 25 appraiser to make a list relating to applications to 26 certify property as working waterfront property; 27 creating s. 193.7042, F.S.; requiring property 28 appraisers to notify property owners of the denial of 29 an application to classify property as working 30 waterfront property; providing for the appeal of the 31 denial to the value adjustment board; requiring a 32 filing fee of a certain amount; providing for the 33 appeal to the circuit court of a denial of a petition 34 to the value adjustment board; requiring property 35 appraisers to notify property owners whose property 36 was classified as working waterfront property by a 37 value adjustment board or court to recertify that the 38 use and ownership of the property have not changed; 39 authorizing the waiver of certain notice and 40 certification requirements; providing an effective 41 date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Section 193.704, Florida Statutes, is created to 46 read: 47 193.704 Working waterfront property; definitions.—As used 48 in ss. 193.704-193.7042, the term: 49 (1) “Accessible to the public” means routinely open to the 50 public, with or without charge, from sunrise to sunset and 51 having appropriate public accommodations, such as public parking 52 or public boat ramps. 53 (2) “Commercial fishing operation” has the same meaning as 54 in s. 379.2351. 55 (3) “Drystack” means a vessel-storage facility or building 56 in which the storage spaces for vessels are available for use by 57 the public on a first-come, first-served lease basis without 58 automatic renewal rights or conditions. The term does not 59 include drystacks in which boat storage is limited to persons 60 who purchase, receive, or rent a storage space as a condition of 61 homeownership or tenancy. 62 (4) “Marina” means a licensed commercial facility that 63 provides secured public moorings or drystacks for boats on a 64 first-come, first-served leased basis and without automatic 65 renewal rights or conditions. The term does not include marinas 66 that limit mooring or storage of vessels to persons who 67 purchase, receive, or rent a mooring slip or storage space as a 68 condition of homeownership or tenancy. 69 (5) “Land used predominantly for commercial fishing 70 purposes” means land used in good faith in a venture for-profit 71 commercial fishing operation for the taking or harvesting of 72 freshwater fish or saltwater products, as defined in s. 379.101, 73 for which a commercial license to take, harvest, or sell such 74 freshwater fish or saltwater products is required under chapter 75 379. 76 (6) “Marine manufacturing facility” means a facility that 77 manufactures vessels for use in waters that are navigable. 78 (7) “Marine vessel construction and repair facilities” 79 means facilities such as shipyards or dockyards that construct 80 and repair vessels that travel over waters that are navigable. 81 As used in this section, the term “repair” includes retrofitting 82 and maintenance. 83 (8) “Open to the public” means for hire to the public and 84 accessible during normal operating hours. 85 (9) “Support activities” means those facilities that are 86 typically colocated with marine vessel construction and repair 87 facilities, such as shop, equipment, or salvage facilities. 88 (10) “Water-dependent” means that the operations of a 89 facility require direct access to the water. 90 (11) “Waterfront” means property that is on, over, or 91 abutting waters that are navigable. 92 (12) “Waters that are navigable” means the waters of the 93 state which are capable of supporting boating and are used or 94 may be used in their ordinary condition as highways for commerce 95 for which trade or travel are or may be conducted in the 96 customary modes of trade or travel on water. 97 Section 2. Section 193.7041, Florida Statutes, is created 98 to read: 99 193.7041 Working waterfront property; classification and 100 assessment; loss of classification; penalty.— 101 (1) Pursuant to s. 4(j), Art. VII of the State 102 Constitution, effective January 1, 2010, the following 103 waterfront property is eligible for classification as working 104 waterfront property: 105 (a) Land used predominantly for commercial fishing 106 purposes. 107 (b) Land that is accessible to the public and used for 108 vessel launches into waters that are navigable. 109 (c) Marinas and drystacks that are open to the public. 110 (d) Water-dependent marine manufacturing facilities. 111 (e) Water-dependent commercial fishing facilities. 112 (f) Water-dependent marine vessel construction and repair 113 facilities and their support activities. 114 (2) Property classified as working waterfront property 115 pursuant to this section must be assessed on the basis of 116 current use. Assessed value must be calculated using the income 117 approach to value as described in The Appraisal of Real Estate, 118 Thirteenth Edition, published by the Appraisal Institute. The 119 capitalization rate used to determine assessed value must be 120 based upon a debt coverage ratio formula, in which the 121 capitalization rate equals the debt coverage ratio multiplied by 122 the mortgage capitalization multiplied by the loan-to-value 123 ratio for comparable properties. The capitalization rate must be 124 calculated and updated annually. In assessing working waterfront 125 property, a property appraiser shall use data from lenders for 126 industrywide loan interest rates, loan-to-value ratios, 127 amortization terms, payment periods, debt coverage ratio 128 requirements, market rental rates, market expense rates, and 129 market vacancy rates. The data must be county-specific unless 130 insufficient data is available, in which case the property 131 appraiser shall use data for surrounding counties. 132 (3)(a) Property may not be classified as working waterfront 133 property unless an application for the classification is filed 134 with the property appraiser on or before March 1 of each year in 135 the county in which the property is located. Before classifying 136 the property as working waterfront property, the property 137 appraiser may require the property owner to establish that the 138 property is used as required under this section. The owner of 139 property classified as working waterfront property in the prior 140 year may reapply on a short form adopted by rule by the 141 Department of Revenue. 142 (b) Failure by a property owner to apply for the 143 classification as working waterfront property by March 1 144 constitutes a waiver of the classification for 1 year. However, 145 the property appraiser may approve a late application and grant 146 a working waterfront classification if the property owner 147 establishes that extenuating circumstances prevented the 148 property owner from filing an application by the deadline. 149 (c) A county may, at the request of the property appraiser 150 and by a majority vote of its governing body, waive the 151 requirement that an annual application or short form be filed 152 with the property appraiser for renewal of the classification of 153 property as working waterfront property. The waiver may be 154 revoked by a majority vote of the governing body of the county. 155 (d) Notwithstanding paragraph (c), a new application for 156 classification as working waterfront property must be filed with 157 the property appraiser after the property receiving the 158 classification is sold or otherwise disposed of, or the 159 ownership changes in any manner, or the use of the property as 160 working waterfront property is abandoned or discontinued. 161 (e) The property appraiser shall remove from the 162 classification as working waterfront property any property for 163 which the classified use has been abandoned or discontinued. The 164 removed property shall be assessed at just value pursuant to s. 165 193.011. 166 (f)1. The owner of classified working waterfront property 167 who is not required to file an annual application under this 168 section must notify the property appraiser promptly if the use 169 of the property or the ownership changes in a manner that 170 changes the classified status of the property. If a property 171 owner fails to notify the property appraiser and the property 172 appraiser determines that, for any year within the prior 10 173 years, the property was not qualified to receive the 174 classification, the owner of the property is subject to taxes 175 otherwise due and owing as a result of the failure plus 15 176 percent interest per annum and a penalty of 50 percent of the 177 additional taxes owed. 178 2. A property appraiser who determines that a property 179 owner failed to provide the required notice of change in use or 180 ownership must record a tax lien against real property owned by 181 the person or entity. The property is subject to the payment of 182 all taxes and penalties. If the person or entity no longer owns 183 property in the county in which the unlawfully or improperly 184 classified working waterfront property is located, the property 185 appraiser shall record a tax lien against other properties owned 186 by the person or entity in other counties of this state. Any tax 187 lien recorded pursuant to this paragraph must identify the 188 property that was unlawfully or improperly classified as working 189 waterfront property and the property to which the lien applies. 190 (g) The portion of a property classified as a working 191 waterfront property which contains a residence, or a marina, 192 drystack, or other facility that is not eligible for 193 classification as a working waterfront property pursuant to s. 194 193.7041, must be assessed pursuant to s. 193.011. 195 (h) The property appraiser must make a list of all 196 applications for classification as working waterfront property. 197 The list must include the acreage, the just value of the 198 property determined pursuant to s. 193.011, the value of the 199 property if classification as working waterfront property is 200 granted or the reason if classification is denied, the name of 201 the property owner, the name of any business operating on the 202 property, and the address of the property. 203 Section 3. Section 193.7042, Florida Statutes, is created 204 to read: 205 193.7042 Working waterfront property; denial of 206 classification; appeal process.— 207 (1) The property appraiser must provide a written notice to 208 a property owner applying for a working waterfront 209 classification of the denial of an application to classify 210 property as working waterfront property on or before July 1 of 211 the year for which the application was filed. The notice must 212 advise the property owner of his or her right to appeal the 213 denial to the value adjustment board and of the deadline for 214 filing an appeal. 215 (2) Any property owner whose application for classification 216 as working waterfront property is denied may appeal the denial 217 to the value adjustment board by filing a petition requesting 218 that the application for classification be approved. The 219 petition may be filed at any time during the taxable year on or 220 before the 25th day following the mailing of the assessment 221 notice by the property appraiser pursuant to s. 194.011(1). 222 Notwithstanding s. 194.013, the petitioner must pay a 223 nonrefundable fee of $15 upon filing the petition. The value 224 adjustment board shall grant the petition if the petitioner 225 establishes that the property is qualified to be classified as 226 working waterfront property. 227 (3) A denial of a petition for classification by the value 228 adjustment board may be appealed to the circuit court. 229 (4)(a) Property that receives a working waterfront 230 classification from the value adjustment board or the circuit 231 court under this section retains that classification in any 232 subsequent year until the use of the property as working 233 waterfront property is abandoned or discontinued, or the 234 ownership changes in any manner. The property appraiser shall, 235 no later than January 31 of each year, notify a property owner 236 receiving a classification under this subsection to certify that 237 the ownership and the use of the property has not changed. The 238 department shall prescribe by rule adopted pursuant to ss. 239 120.536(1) and 120.54 the form of the notice to be used by the 240 property appraiser. 241 (b) If a county has waived the requirement that an annual 242 application or short form be filed for classification of the 243 property under s. 193.7041, the county may, by majority vote of 244 its governing body, waive the notice and certification 245 requirements of this subsection and shall provide the property 246 owner with the same notification as provided to property owners 247 granted a working waterfront classification by the property 248 appraiser. The waiver may be revoked by a majority vote of the 249 county governing body. 250 Section 4. This act shall take effect July 1, 2009.