1 | Representative Robaina offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Subsection (1) of section 197.073, Florida |
6 | Statutes, is amended to read: |
7 | 195.073 Classification of property.--All items required by |
8 | law to be on the assessment rolls must receive a classification |
9 | based upon the use of the property. The department shall |
10 | promulgate uniform definitions for all classifications. The |
11 | department may designate other subclassifications of property. |
12 | No assessment roll may be approved by the department which does |
13 | not show proper classifications. |
14 | (1) Real property must be classified according to the |
15 | assessment basis of the land into the following classes: |
16 | (a) Residential, subclassified into categories, one |
17 | category for homestead property and one for nonhomestead |
18 | property: |
19 | 1. Single family. |
20 | 2. Mobile homes. |
21 | 3. Multifamily. |
22 | 4. Condominiums. |
23 | 5. Cooperatives. |
24 | 6. Retirement homes. |
25 | (b) Commercial and industrial. |
26 | (c) Agricultural. |
27 | (d) Nonagricultural acreage. |
28 | (e) High-water recharge. |
29 | (f) Historic property used for commercial or certain |
30 | nonprofit purposes. |
31 | (g) Exempt, wholly or partially. |
32 | (h) Centrally assessed. |
33 | (i) Leasehold interests. |
34 | (j) Time-share property. |
35 | (k) Working waterfront property. |
36 | (l)(k) Other. |
37 | Section 2. Section 193.704, Florida Statutes, is created |
38 | to read: |
39 | 193.704 Working waterfront property; definitions; |
40 | classification and assessment; denial of classification and |
41 | appeal.-- |
42 | (1) DEFINITIONS.--For purposes of granting a working |
43 | waterfront property classification under this section for |
44 | January 1, 2010, and thereafter, the term: |
45 | (a) "Accessible to the public" means routinely available |
46 | to the public from sunrise to sunset, with or without charge, |
47 | with appropriate accommodations, including, but not limited to, |
48 | public parking or public boat ramps that are available for use |
49 | by the general public. |
50 | (b) "Commercial fishing operation" has the same meaning as |
51 | that provided in s. 379.2351. |
52 | (c) "Commercial fishing facility" means a structure or |
53 | structures, including land, that support a commercial fishing |
54 | operation. |
55 | (d) "Drystack" means a vessel storage facility or building |
56 | in which storage spaces for vessels are available for use by the |
57 | public on a first-come, first-served basis with no automatic |
58 | renewal rights or conditions. The term excludes storage that is |
59 | purchased, received, or rented as a result of homeownership or |
60 | tenancy. |
61 | (e) "Land used predominantly for commercial fishing |
62 | purposes" means land used in good faith in a venture for-profit |
63 | commercial fishing operation for the taking or harvesting of |
64 | freshwater fish or saltwater products, as defined in s. 379.101, |
65 | for which a commercial license to take, harvest, or sell such |
66 | fish or products is required under chapter 379, or in an |
67 | operation authorized in ss. 253.67-253.75. |
68 | (f) "Marina" means a licensed commercial facility that |
69 | provides secured public moorings or drystacks for vessels on a |
70 | first-come, first-served basis and with no automatic renewal |
71 | rights or conditions. The term excludes mooring or storage that |
72 | is purchased, received, or rented as a result of homeownership |
73 | or tenancy. |
74 | (g) "Marine manufacturing facility" means a facility that |
75 | manufactures vessels for use in waters that are navigable. |
76 | (h) "Marine vessel construction and repair facility" means |
77 | a facility that constructs and repairs vessels that travel over |
78 | waters that are navigable, including, but not limited to, |
79 | shipyards and boatyards. As used in this section, the term |
80 | "repair" includes retrofitting and maintenance of vessels. |
81 | (i) "Open to the public" means for hire to the general |
82 | public and accessible during normal operating hours. |
83 | (j) "Support facility" means a facility that typically is |
84 | colocated with marine vessel construction and repair facilities, |
85 | including, but not limited to, shops, equipment, and salvage |
86 | facilities. |
87 | (k) "Water-dependent" means that the operations of a |
88 | facility require direct access to water. |
89 | (l) "Waterfront" means property that is on, over, or |
90 | abutting waters that are navigable. |
91 | (m) "Waters that are navigable" includes any body of water |
92 | that is subject to the ebb and flow of the tide, connects with |
93 | continuous interstate waterways, has navigable capacity, and is |
94 | actually navigable. |
95 | (2) CLASSIFICATION AND ASSESSMENT; LOSS; PENALTY.-- |
96 | (a) The following waterfront properties are eligible for |
97 | classification as working waterfront property: |
98 | 1. Land used predominantly for commercial fishing |
99 | purposes. |
100 | 2. Land that is accessible to the public and used for |
101 | vessel launches into waters that are navigable. |
102 | 3. Marinas and drystacks that are open to the public. |
103 | 4. Water-dependent marine manufacturing facilities. |
104 | 5. Water-dependent commercial fishing facilities. |
105 | 6. Water-dependent marine vessel construction and repair |
106 | facilities and their support facilities. |
107 | (b)1. Property classified as working waterfront property |
108 | under this section shall be assessed solely on the basis of the |
109 | property's current use. The property appraiser shall consider |
110 | only the following use factors: |
111 | a. The condition of the property. |
112 | b. The present market value of the property in its current |
113 | use. |
114 | c. The income produced by the property. |
115 | 2. In no event shall the assessed value of the property |
116 | exceed just value. |
117 | (c)1. Property may not be classified as working waterfront |
118 | property unless an application for such classification is filed |
119 | with the property appraiser on or before March 1 of each year in |
120 | the county in which the property is located. Before approving |
121 | such classification, the property appraiser may require the |
122 | applicant to establish that the property is actually used as |
123 | required under this section. The property appraiser may require |
124 | the applicant to furnish the property appraiser such information |
125 | as may reasonably be required to establish that such property |
126 | was actually used for working waterfront purposes and to |
127 | establish the classified use value of the property, including |
128 | income and expense data. The owner or lessee of property |
129 | classified as working waterfront property in the prior year may |
130 | reapply on a short form provided by the Department of Revenue. |
131 | The lessee of property may make original application or reapply |
132 | on a short form if the lease, or an affidavit executed by the |
133 | owner, provides that the lessee is empowered to make application |
134 | for the working waterfront classification on behalf of the owner |
135 | and a copy of the lease of affidavit accompanies the |
136 | application. An applicant may withdraw an application on or |
137 | before the 25th day following the mailing of the notice of |
138 | proposed property taxes pursuant to s. 200.069 in the year the |
139 | application was filed. |
140 | 2. Failure by a property owner or lessee to apply for a |
141 | classification as working waterfront property by March 1 shall |
142 | constitute a waiver for 1 year of the privilege granted in this |
143 | section. However, a person who is qualified to receive a working |
144 | waterfront classification but who fails to timely apply for |
145 | classification may file an application for classification with |
146 | the property appraiser. Upon review of the application, if the |
147 | applicant is qualified to receive the classification and |
148 | demonstrates particular extenuating circumstances that warrant |
149 | the classification, the property appraiser may grant the |
150 | classification. |
151 | 3. A county, at the request of the property appraiser and |
152 | by a majority vote of its governing body, may waive the |
153 | requirement that an annual application or short form be filed |
154 | with the property appraiser for renewal of the classification of |
155 | property within the county as working waterfront property. Such |
156 | waiver may be revoked by a majority of the county governing |
157 | body. |
158 | 4. Notwithstanding subparagraph 2., a new application for |
159 | classification as working waterfront property must be filed with |
160 | the property appraiser whenever any property granted the |
161 | classification as working waterfront property is sold or |
162 | otherwise disposed of, whenever ownership or the lessee changes |
163 | in any manner, whenever the owner or lessee ceases to use the |
164 | property as working waterfront property, or whenever the status |
165 | of the owner or lessee changes so as to change the classified |
166 | status of the property. |
167 | 5. The property appraiser shall remove from the |
168 | classification as working waterfront property any property for |
169 | which the classified use has been abandoned or discontinued, or |
170 | the property has been diverted to an unclassified use. Such |
171 | removed property shall be assessed at just value as provided in |
172 | s. 193.011. |
173 | 6.a. The owner of any property classified as working |
174 | waterfront property who is not required to file an annual |
175 | application under this section, or the lessee if the application |
176 | was made by the lessee, shall notify the property appraiser |
177 | promptly whenever the use of the property or the status or |
178 | condition of the owner or lessee changes, so as to change the |
179 | classified status of the property. If any such property owner or |
180 | lessee fails to notify the property appraiser and the property |
181 | appraiser determines that for any year within the prior 10 years |
182 | the owner was not entitled to receive such classification, the |
183 | owner of the property is subject to taxes otherwise due and |
184 | owing as a result of such failure plus 15 percent interest per |
185 | annum and a penalty of 50 percent of the additional taxes owed. |
186 | However, the penalty may be waived if the owner or lessee can |
187 | demonstrate that he or she took reasonable care to properly |
188 | classify the property. |
189 | b. The property appraiser making such determination shall |
190 | record in the public records of the county in which the working |
191 | waterfront property is located a notice of tax lien against any |
192 | property owned by the working waterfront property owner, and |
193 | such property must be identified in the notice of tax lien. Such |
194 | property is subject to the payment of all taxes and penalties. |
195 | Such lien, when filed, attaches to any property identified in |
196 | the notice of tax lien owned by the person or entity that |
197 | illegally or improperly received the classification. If such |
198 | person or entity no longer owns property in that county but owns |
199 | property in another county or counties in the state, the |
200 | property appraiser shall record in such other county or counties |
201 | a notice of tax lien identifying the property owned by the |
202 | working waterfront property owner in such county or counties |
203 | which shall become a lien against the identified property. |
204 | 7. When a parcel receiving a working waterfront |
205 | classification contains facilities or vacant land not eligible |
206 | to be classified as a working waterfront property under this |
207 | subsection, such facilities and the facilities' curtilage, as |
208 | well as the vacant land, must be assessed separately as provided |
209 | in s. 193.011. |
210 | 8. The property appraiser shall have available at his or |
211 | her office a list by ownership of all applications for |
212 | classification as working waterfront property received, showing |
213 | the acreage, the full valuation under s. 193.011, the value of |
214 | the land under the provisions of this subsection, and whether or |
215 | not the classification was granted. |
216 | (3) DENIAL OF CLASSIFICATION; APPEAL.-- |
217 | (a) The property appraiser shall notify an applicant |
218 | applying for a working waterfront classification in writing of a |
219 | denial of an application for such classification on or before |
220 | July 1 of the year for which the application was filed. The |
221 | notification shall advise the applicant of his or her right to |
222 | appeal to the value adjustment board and of the appeal filing |
223 | deadline. |
224 | (b) Any applicant whose application for classification as |
225 | working waterfront property is denied by the property appraiser |
226 | may appeal to the value adjustment board by filing a petition |
227 | requesting that the classification be granted. The petition may |
228 | be filed on or before the 25th day following the mailing of the |
229 | assessment notice by the property appraiser as required under s. |
230 | 194.011(1). Notwithstanding the provisions of s. 194.013, the |
231 | petitioner shall pay a nonrefundable fee of $15 upon filing the |
232 | petition. Upon the value adjustment board's review of the |
233 | petition, if the petitioner is qualified to receive the |
234 | classification and demonstrates particular extenuating |
235 | circumstances which warrant granting the classification, the |
236 | value adjustment board may grant the petition and |
237 | classification. |
238 | (c) A denial of a petition for classification by the value |
239 | adjustment board may be appealed to a court of competent |
240 | jurisdiction. |
241 | (d)1. Property that has received a working waterfront |
242 | classification from the value adjustment board or a court of |
243 | competent jurisdiction under this subsection is entitled to |
244 | receive such classification in any subsequent year until such |
245 | use is changed, abandoned, or discontinued, or the ownership |
246 | changes in any manner as provided in subparagraph (2)(c)4. The |
247 | property appraiser shall, no later than January 31 of each year, |
248 | provide notice to the property owner or lessee receiving a |
249 | classification under this subsection requiring the property |
250 | owner or lessee qualified to make application to certify that |
251 | the ownership and the use of the property has not changed. The |
252 | department shall prescribe by rule the form of the notice to be |
253 | used by the property appraiser. |
254 | 2. If a county has waived the requirement that an annual |
255 | application or short form be filed for classification of the |
256 | property under subsection (2), the county may, by majority vote |
257 | of its governing body, waive the notice and certification |
258 | requirements of this paragraph and shall provide the property |
259 | owner or lessee with the same notification as provided to |
260 | property owners granted a working waterfront classification by |
261 | the property appraiser. Such waiver may be revoked by a majority |
262 | vote of the county governing body. |
263 | Section 3. This act shall take effect October 1, 2009, and |
264 | shall apply to assessments beginning January 1, 2010. |
265 |
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266 |
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267 | ----------------------------------------------------- |
268 | T I T L E A M E N D M E N T |
269 | Remove the entire title and insert: |
270 | An act relating to ad valorem taxation of working waterfront |
271 | property; amending s. 195.073, F.S.; specifying an additional |
272 | type of real property required to be classified; creating s. |
273 | 193.704, F.S.; providing definitions; providing for |
274 | classification and assessment of certain properties based upon |
275 | current use; providing requirements for an assessment |
276 | methodology; providing classification application requirements, |
277 | limitations, and procedures; providing for continuing |
278 | classification of such property under certain circumstances; |
279 | providing limitations; providing for loss of classification |
280 | under certain circumstances; providing penalties; providing for |
281 | waiver of penalties under certain circumstances; providing |
282 | requirements for property appraisers; providing for denial of |
283 | classification applications; providing procedures and |
284 | requirements for appealing application denials; providing an |
285 | effective date. |
286 |
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