Amendment
Bill No. CS/HB 825
Amendment No. 738155
CHAMBER ACTION
Senate House
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1Representative Robaina offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (1) of section 197.073, Florida
6Statutes, is amended to read:
7     195.073  Classification of property.--All items required by
8law to be on the assessment rolls must receive a classification
9based upon the use of the property. The department shall
10promulgate uniform definitions for all classifications. The
11department may designate other subclassifications of property.
12No assessment roll may be approved by the department which does
13not show proper classifications.
14     (1)  Real property must be classified according to the
15assessment basis of the land into the following classes:
16     (a)  Residential, subclassified into categories, one
17category for homestead property and one for nonhomestead
18property:
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
30nonprofit 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
38to read:
39     193.704  Working waterfront property; definitions;
40classification and assessment; denial of classification and
41appeal.--
42     (1)  DEFINITIONS.--For purposes of granting a working
43waterfront property classification under this section for
44January 1, 2010, and thereafter, the term:
45     (a)  "Accessible to the public" means routinely available
46to the public from sunrise to sunset, with or without charge,
47with appropriate accommodations, including, but not limited to,
48public parking or public boat ramps that are available for use
49by the general public.
50     (b)  "Commercial fishing operation" has the same meaning as
51that provided in s. 379.2351.
52     (c)  "Commercial fishing facility" means a structure or
53structures, including land, that support a commercial fishing
54operation.
55     (d)  "Drystack" means a vessel storage facility or building
56in which storage spaces for vessels are available for use by the
57public on a first-come, first-served basis with no automatic
58renewal rights or conditions. The term excludes storage that is
59purchased, received, or rented as a result of homeownership or
60tenancy.
61     (e)  "Land used predominantly for commercial fishing
62purposes" means land used in good faith in a venture for-profit
63commercial fishing operation for the taking or harvesting of
64freshwater fish or saltwater products, as defined in s. 379.101,
65for which a commercial license to take, harvest, or sell such
66fish or products is required under chapter 379, or in an
67operation authorized in ss. 253.67-253.75.
68     (f)  "Marina" means a licensed commercial facility that
69provides secured public moorings or drystacks for vessels on a
70first-come, first-served basis and with no automatic renewal
71rights or conditions. The term excludes mooring or storage that
72is purchased, received, or rented as a result of homeownership
73or tenancy.
74     (g)  "Marine manufacturing facility" means a facility that
75manufactures vessels for use in waters that are navigable.
76     (h)  "Marine vessel construction and repair facility" means
77a facility that constructs and repairs vessels that travel over
78waters that are navigable, including, but not limited to,
79shipyards 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
82public and accessible during normal operating hours.
83     (j)  "Support facility" means a facility that typically is
84colocated with marine vessel construction and repair facilities,
85including, but not limited to, shops, equipment, and salvage
86facilities.
87     (k)  "Water-dependent" means that the operations of a
88facility require direct access to water.
89     (l)  "Waterfront" means property that is on, over, or
90abutting waters that are navigable.
91     (m)  "Waters that are navigable" includes any body of water
92that is subject to the ebb and flow of the tide, connects with
93continuous interstate waterways, has navigable capacity, and is
94actually navigable.
95     (2)  CLASSIFICATION AND ASSESSMENT; LOSS; PENALTY.--
96     (a)  The following waterfront properties are eligible for
97classification as working waterfront property:
98     1.  Land used predominantly for commercial fishing
99purposes.
100     2.  Land that is accessible to the public and used for
101vessel 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
106facilities and their support facilities.
107     (b)1.  Property classified as working waterfront property
108under this section shall be assessed solely on the basis of the
109property's current use. The property appraiser shall consider
110only the following use factors:
111     a.  The condition of the property.
112     b.  The present market value of the property in its current
113use.
114     c.  The income produced by the property.
115     2.  In no event shall the assessed value of the property
116exceed just value.
117     (c)1.  Property may not be classified as working waterfront
118property unless an application for such classification is filed
119with the property appraiser on or before March 1 of each year in
120the county in which the property is located. Before approving
121such classification, the property appraiser may require the
122applicant to establish that the property is actually used as
123required under this section. The property appraiser may require
124the applicant to furnish the property appraiser such information
125as may reasonably be required to establish that such property
126was actually used for working waterfront purposes and to
127establish the classified use value of the property, including
128income and expense data. The owner or lessee of property
129classified as working waterfront property in the prior year may
130reapply on a short form provided by the Department of Revenue.
131The lessee of property may make original application or reapply
132on a short form if the lease, or an affidavit executed by the
133owner, provides that the lessee is empowered to make application
134for the working waterfront classification on behalf of the owner
135and a copy of the lease of affidavit accompanies the
136application. An applicant may withdraw an application on or
137before the 25th day following the mailing of the notice of
138proposed property taxes pursuant to s. 200.069 in the year the
139application was filed.
140     2.  Failure by a property owner or lessee to apply for a
141classification as working waterfront property by March 1 shall
142constitute a waiver for 1 year of the privilege granted in this
143section. However, a person who is qualified to receive a working
144waterfront classification but who fails to timely apply for
145classification may file an application for classification with
146the property appraiser. Upon review of the application, if the
147applicant is qualified to receive the classification and
148demonstrates particular extenuating circumstances that warrant
149the classification, the property appraiser may grant the
150classification.
151     3.  A county, at the request of the property appraiser and
152by a majority vote of its governing body, may waive the
153requirement that an annual application or short form be filed
154with the property appraiser for renewal of the classification of
155property within the county as working waterfront property. Such
156waiver may be revoked by a majority of the county governing
157body.
158     4.  Notwithstanding subparagraph 2., a new application for
159classification as working waterfront property must be filed with
160the property appraiser whenever any property granted the
161classification as working waterfront property is sold or
162otherwise disposed of, whenever ownership or the lessee changes
163in any manner, whenever the owner or lessee ceases to use the
164property as working waterfront property, or whenever the status
165of the owner or lessee changes so as to change the classified
166status of the property.
167     5.  The property appraiser shall remove from the
168classification as working waterfront property any property for
169which the classified use has been abandoned or discontinued, or
170the property has been diverted to an unclassified use. Such
171removed property shall be assessed at just value as provided in
172s. 193.011.
173     6.a.  The owner of any property classified as working
174waterfront property who is not required to file an annual
175application under this section, or the lessee if the application
176was made by the lessee, shall notify the property appraiser
177promptly whenever the use of the property or the status or
178condition of the owner or lessee changes, so as to change the
179classified status of the property. If any such property owner or
180lessee fails to notify the property appraiser and the property
181appraiser determines that for any year within the prior 10 years
182the owner was not entitled to receive such classification, the
183owner of the property is subject to taxes otherwise due and
184owing as a result of such failure plus 15 percent interest per
185annum and a penalty of 50 percent of the additional taxes owed.
186However, the penalty may be waived if the owner or lessee can
187demonstrate that he or she took reasonable care to properly
188classify the property.
189     b.  The property appraiser making such determination shall
190record in the public records of the county in which the working
191waterfront property is located a notice of tax lien against any
192property owned by the working waterfront property owner, and
193such property must be identified in the notice of tax lien. Such
194property is subject to the payment of all taxes and penalties.
195Such lien, when filed, attaches to any property identified in
196the notice of tax lien owned by the person or entity that
197illegally or improperly received the classification. If such
198person or entity no longer owns property in that county but owns
199property in another county or counties in the state, the
200property appraiser shall record in such other county or counties
201a notice of tax lien identifying the property owned by the
202working waterfront property owner in such county or counties
203which shall become a lien against the identified property.
204     7.  When a parcel receiving a working waterfront
205classification contains facilities or vacant land not eligible
206to be classified as a working waterfront property under this
207subsection, such facilities and the facilities' curtilage, as
208well as the vacant land, must be assessed separately as provided
209in s. 193.011.
210     8.  The property appraiser shall have available at his or
211her office a list by ownership of all applications for
212classification as working waterfront property received, showing
213the acreage, the full valuation under s. 193.011, the value of
214the land under the provisions of this subsection, and whether or
215not the classification was granted.
216     (3)  DENIAL OF CLASSIFICATION; APPEAL.--
217     (a)  The property appraiser shall notify an applicant
218applying for a working waterfront classification in writing of a
219denial of an application for such classification on or before
220July 1 of the year for which the application was filed. The
221notification shall advise the applicant of his or her right to
222appeal to the value adjustment board and of the appeal filing
223deadline.
224     (b)  Any applicant whose application for classification as
225working waterfront property is denied by the property appraiser
226may appeal to the value adjustment board by filing a petition
227requesting that the classification be granted. The petition may
228be filed on or before the 25th day following the mailing of the
229assessment notice by the property appraiser as required under s.
230194.011(1). Notwithstanding the provisions of s. 194.013, the
231petitioner shall pay a nonrefundable fee of $15 upon filing the
232petition. Upon the value adjustment board's review of the
233petition, if the petitioner is qualified to receive the
234classification and demonstrates particular extenuating
235circumstances which warrant granting the classification, the
236value adjustment board may grant the petition and
237classification.
238     (c)  A denial of a petition for classification by the value
239adjustment board may be appealed to a court of competent
240jurisdiction.
241     (d)1.  Property that has received a working waterfront
242classification from the value adjustment board or a court of
243competent jurisdiction under this subsection is entitled to
244receive such classification in any subsequent year until such
245use is changed, abandoned, or discontinued, or the ownership
246changes in any manner as provided in subparagraph (2)(c)4. The
247property appraiser shall, no later than January 31 of each year,
248provide notice to the property owner or lessee receiving a
249classification under this subsection requiring the property
250owner or lessee qualified to make application to certify that
251the ownership and the use of the property has not changed. The
252department shall prescribe by rule the form of the notice to be
253used by the property appraiser.
254     2.  If a county has waived the requirement that an annual
255application or short form be filed for classification of the
256property under subsection (2), the county may, by majority vote
257of its governing body, waive the notice and certification
258requirements of this paragraph and shall provide the property
259owner or lessee with the same notification as provided to
260property owners granted a working waterfront classification by
261the property appraiser. Such waiver may be revoked by a majority
262vote of the county governing body.
263     Section 3.  This act shall take effect October 1, 2009, and
264shall apply to assessments beginning January 1, 2010.
265
266
267
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268
T I T L E  A M E N D M E N T
269     Remove the entire title and insert:
270An act relating to ad valorem taxation of working waterfront
271property; amending s. 195.073, F.S.; specifying an additional
272type of real property required to be classified; creating s.
273193.704, F.S.; providing definitions; providing for
274classification and assessment of certain properties based upon
275current use; providing requirements for an assessment
276methodology; providing classification application requirements,
277limitations, and procedures; providing for continuing
278classification of such property under certain circumstances;
279providing limitations; providing for loss of classification
280under certain circumstances; providing penalties; providing for
281waiver of penalties under certain circumstances; providing
282requirements for property appraisers; providing for denial of
283classification applications; providing procedures and
284requirements for appealing application denials; providing an
285effective date.
286


CODING: Words stricken are deletions; words underlined are additions.