1 | A bill to be entitled |
2 | An act relating to ad valorem taxation of working |
3 | waterfront property; creating s. 193.704, F.S.; providing |
4 | definitions; providing for classification and assessment |
5 | of certain properties based upon current use; providing |
6 | requirements for an assessment methodology; providing |
7 | classification application requirements, limitations, and |
8 | procedures; providing for continuing classification of |
9 | such property under certain circumstances; providing |
10 | limitations; providing for loss of classification under |
11 | certain circumstances; providing penalties; providing |
12 | requirements for property appraisers; providing for denial |
13 | of classification applications; providing procedures and |
14 | requirements for appealing application denials; providing |
15 | an effective date. |
16 |
|
17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
|
19 | Section 1. Section 193.704, Florida Statutes, is created |
20 | to read: |
21 | 193.704 Working waterfront property; definitions; |
22 | classification and assessment; denial of classification and |
23 | appeal.-- |
24 | (1) DEFINITIONS.--For purposes of granting a working |
25 | waterfront property classification under this section for |
26 | January 1, 2010, and thereafter, the term: |
27 | (a) "Accessible to the public" means routinely open to the |
28 | public from sunrise to sunset, with or without charge, with |
29 | appropriate accommodations, including, but not limited to, |
30 | public parking or public boat ramps that are available for use |
31 | by the general public. |
32 | (b) "Commercial fishing operation" has the same meaning as |
33 | that provided in s. 379.2351. |
34 | (c) "Drystack" means a vessel storage facility or building |
35 | in which storage spaces for vessels are available for use by the |
36 | public on a first-come, first-served basis with no automatic |
37 | renewal rights or conditions. The term excludes drystacks in |
38 | which vessel storage is limited to persons purchasing, |
39 | receiving, or renting a storage space as a condition of |
40 | homeownership or tenancy. |
41 | (d) "Land used predominantly for commercial fishing |
42 | purposes" means land used in good faith in a venture for-profit |
43 | commercial fishing operation for the taking or harvesting of |
44 | freshwater fish or saltwater products, as defined in s. 379.101, |
45 | for which a commercial license to take, harvest, or sell such |
46 | fish or products is required under chapter 379. |
47 | (e) "Marina" means a licensed commercial facility that |
48 | provides secured public moorings or drystacks for vessels on a |
49 | first-come, first-served basis and with no automatic renewal |
50 | rights or conditions. The term excludes marinas at which mooring |
51 | or storage of a vessel is limited to persons purchasing, |
52 | receiving, or renting a mooring slip or storage space as a |
53 | condition of homeownership or tenancy. |
54 | (f) "Marine manufacturing facility" means a facility that |
55 | manufactures vessels for use in waters that are navigable. |
56 | (g) "Marine vessel construction and repair facility" means |
57 | a facility that constructs and repairs vessels that travel over |
58 | waters that are navigable, including, but not limited to, |
59 | shipyards and dockyards. As used in this section, the term |
60 | "repair" includes retrofitting and maintenance of vessels. |
61 | (h) "Open to the public" means for hire to the general |
62 | public and accessible during normal operating hours. |
63 | (i) "Support facility" means a facility that typically is |
64 | colocated with marine vessel construction and repair facilities, |
65 | including, but not limited to, shops, equipment, and salvage |
66 | facilities. |
67 | (j) "Water-dependent" means that the operations of a |
68 | facility require direct access to water. |
69 | (k) "Waterfront" means property that is on, over, or |
70 | abutting waters that are navigable. |
71 | (l) "Waters that are navigable" means the waters of the |
72 | state that are capable of supporting boating and that are used |
73 | or may be used in their ordinary condition as highways for |
74 | commerce for which trade or travel are or may be conducted in |
75 | the customary modes of trade or travel on water. |
76 | (2) CLASSIFICATION AND ASSESSMENT; LOSS; PENALTY.-- |
77 | (a) The following waterfront property is eligible for |
78 | classification as working waterfront property: |
79 | 1. Land used predominantly for commercial fishing |
80 | purposes. |
81 | 2. Land that is accessible to the public and used for |
82 | vessel launches into waters that are navigable. |
83 | 3. Marinas and drystacks that are open to the public. |
84 | 4. Water-dependent marine manufacturing facilities. |
85 | 5. Water-dependent commercial fishing facilities. |
86 | 6. Water-dependent marine vessel construction and repair |
87 | facilities and their support facilities. |
88 | (b) Property classified as working waterfront property |
89 | under this section shall be assessed on the basis of current |
90 | use. Assessed value must be calculated using the income approach |
91 | to value as described in The Appraisal of Real Estate, |
92 | Thirteenth Edition, published by the Appraisal Institute, and |
93 | using a capitalization rate based upon a debt coverage ratio |
94 | formula, whereby the capitalization rate equals the debt |
95 | coverage ratio times the mortgage capitalization rate times the |
96 | loan to value ratio for comparable properties. The |
97 | capitalization rate must be calculated and updated annually. In |
98 | assessing working waterfront property on an income approach to |
99 | value basis, property appraisers shall use data from lenders |
100 | regarding industrywide loan interest rates, loan to value |
101 | ratios, amortization terms, payment periods, debt coverage ratio |
102 | requirements, market rental rates, market expense rates, and |
103 | market vacancy rates. Such data shall be county specific unless |
104 | insufficient data is available, in which case the property |
105 | appraisers shall use data from surrounding counties. |
106 | (c)1. Property may not be classified as working waterfront |
107 | property unless an application for such classification is filed |
108 | with the property appraiser on or before March 1 of each year in |
109 | the county in which the property is located. Before approving |
110 | such classification, the property appraiser may require the |
111 | property owner to establish that the property is actually used |
112 | as required under this section. The owner of property classified |
113 | as working waterfront property in the prior year may reapply on |
114 | a short form provided by the Department of Revenue. |
115 | 2. Failure by a property owner to apply for a |
116 | classification as working waterfront property by March 1 shall |
117 | constitute a waiver for 1 year of the privilege granted in this |
118 | section. However, a property owner who is qualified to receive a |
119 | working waterfront classification but who fails to timely apply |
120 | for classification may file an application for classification |
121 | with the property appraiser. Upon review of the application, if |
122 | the person is qualified to receive the classification and |
123 | demonstrates particular extenuating circumstances that warrant |
124 | the classification, the property appraiser may grant the |
125 | classification. |
126 | 3. A county, at the request of the property appraiser and |
127 | by a majority vote of its governing body, may waive the |
128 | requirement that an annual application or short form be filed |
129 | with the property appraiser for renewal of the classification of |
130 | property within the county as working waterfront property. Such |
131 | waiver may be revoked by a majority of the county governing |
132 | body. |
133 | 4. Notwithstanding subparagraph 2., a new application for |
134 | classification as working waterfront property must be filed with |
135 | the property appraiser whenever any property granted the |
136 | classification as working waterfront property is sold or |
137 | otherwise disposed of, whenever ownership changes in any manner, |
138 | whenever the owner ceases to use the property as working |
139 | waterfront property, or whenever the status of the owner changes |
140 | so as to change the classified status of the property. |
141 | 5. The property appraiser shall remove from the |
142 | classification as working waterfront property any property for |
143 | which the classified use has been abandoned or discontinued, or |
144 | the property has been diverted to an unclassified use. Such |
145 | removed property shall be assessed at just value as provided in |
146 | s. 193.011. |
147 | 6.a. The owner of any property classified as working |
148 | waterfront property who is not required to file an annual |
149 | application under this section shall notify the property |
150 | appraiser promptly whenever the use of the property or the |
151 | status or condition of the owner changes, so as to change the |
152 | classified status of the property. If any such property owner |
153 | fails to notify the property appraiser and the property |
154 | appraiser determines that for any year within the prior 10 years |
155 | the owner was not entitled to receive such classification, the |
156 | owner of the property is subject to taxes otherwise due and |
157 | owing as a result of such failure plus 15 percent interest per |
158 | annum and a penalty of 50 percent of the additional taxes owed. |
159 | b. The property appraiser making such determination shall |
160 | record in the public records of the county in which the working |
161 | waterfront property is located a notice of tax lien against any |
162 | property owned by the working waterfront property owner, and |
163 | such property must be identified in the notice of tax lien. Such |
164 | property is subject to the payment of all taxes and penalties. |
165 | Such lien, when filed, attaches to any property identified in |
166 | the notice of tax lien owned by the person or entity that |
167 | illegally or improperly received the classification. If such |
168 | person or entity no longer owns property in that county but owns |
169 | property in another county or counties in the state, the |
170 | property appraiser shall record in such other county or counties |
171 | a notice of tax lien identifying the property owned by the |
172 | working waterfront property owner in such county or counties |
173 | which shall become a lien against the identified property. |
174 | 7. When property receiving a working waterfront |
175 | classification contains under the same ownership a residence, or |
176 | a marina, drystack, or other facility not eligible to be |
177 | classified as a working waterfront property under this |
178 | subsection, the portion of the property consisting of the |
179 | residence, marina, drystack, or other facility and the |
180 | property's curtilage must be assessed separately as provided in |
181 | s. 193.011. |
182 | 8. The property appraiser shall have available at his or |
183 | her office a list by ownership of all applications for |
184 | classification as working waterfront property received, showing |
185 | the acreage, the full valuation under s. 193.011, the value of |
186 | the land under the provisions of this subsection, and whether or |
187 | not the classification was granted. |
188 | (3) DENIAL OF CLASSIFICATION; APPEAL.-- |
189 | (a) The property appraiser shall notify a property owner |
190 | applying for a working waterfront classification in writing of a |
191 | denial of an application for such classification on or before |
192 | July 1 of the year for which the application was filed. The |
193 | notification shall advise the property owner of his or her right |
194 | to appeal to the value adjustment board and of the appeal filing |
195 | deadline. |
196 | (b) Any property owner whose application for |
197 | classification as working waterfront property is denied by the |
198 | property appraiser may appeal to the value adjustment board by |
199 | filing a petition requesting that the classification be granted. |
200 | The petition may be filed on or before the 25th day following |
201 | the mailing of the assessment notice by the property appraiser |
202 | as required under s. 194.011(1). Notwithstanding the provisions |
203 | of s. 194.013, the petitioner shall pay a nonrefundable fee of |
204 | $15 upon filing the petition. Upon the value adjustment board's |
205 | review of the petition, if the petitioner is qualified to |
206 | receive the classification and demonstrates particular |
207 | extenuating circumstances which warrant granting the |
208 | classification, the value adjustment board may grant the |
209 | petition and classification. |
210 | (c) A denial of a petition for classification by the value |
211 | adjustment board may be appealed to a court of competent |
212 | jurisdiction. |
213 | (d)1. Property that has received a working waterfront |
214 | classification from the value adjustment board or a court of |
215 | competent jurisdiction under this subsection is entitled to |
216 | receive such classification in any subsequent year until such |
217 | use is abandoned or discontinued, or the ownership changes in |
218 | any manner as provided in subparagraph (2)(c)4. The property |
219 | appraiser shall, no later than January 31 of each year, provide |
220 | notice to the property owner receiving a classification under |
221 | this subsection requiring the property owner to certify that the |
222 | ownership and the use of the property has not changed. The |
223 | department shall prescribe by rule the form of the notice to be |
224 | used by the property appraiser. |
225 | 2. If a county has waived the requirement that an annual |
226 | application or short form be filed for classification of the |
227 | property under subsection (2), the county may, by majority vote |
228 | of its governing body, waive the notice and certification |
229 | requirements of this paragraph and shall provide the property |
230 | owner with the same notification as provided to property owners |
231 | granted a working waterfront classification by the property |
232 | appraiser. Such waiver may be revoked by a majority vote of the |
233 | county governing body. |
234 | Section 2. This act shall take effect October 1, 2009. |