HB 825

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


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