| 1 | A bill to be entitled |
| 2 | An act relating to working waterfront property; creating |
| 3 | s. 193.704, F.S.; providing definitions; specifying |
| 4 | property that is eligible for classification as working |
| 5 | waterfront property; requiring the assessment of working |
| 6 | waterfront property based on current use; requiring an |
| 7 | application for classification of property as working |
| 8 | waterfront property; authorizing a property appraiser to |
| 9 | approve an application that is not filed by a certain |
| 10 | deadline due to extenuating circumstances; providing for |
| 11 | the waiver of annual application requirements; providing |
| 12 | for the loss of classification upon a change of ownership |
| 13 | or use; requiring that property owners notify the property |
| 14 | appraiser of changes in use or ownership of property; |
| 15 | imposing a penalty on a property owner who fails to notify |
| 16 | the property appraiser of an event resulting in the |
| 17 | unlawful or improper classification of property as working |
| 18 | waterfront property; requiring the imposition of tax liens |
| 19 | to recover penalties and interest; providing for the |
| 20 | assessment of a portion of property within a working |
| 21 | waterfront property which is not used as working |
| 22 | waterfront property; requiring that a property appraiser |
| 23 | make a list relating to applications to certify property |
| 24 | as working waterfront property; providing an appeal |
| 25 | process for an application that has been denied; amending |
| 26 | s. 195.073, F.S.; providing for the classification of land |
| 27 | as working waterfront property on an assessment roll; |
| 28 | providing an alternate application deadline date for |
| 29 | calendar year 2010; providing for severability; providing |
| 30 | emergency rulemaking authority for the Department of |
| 31 | Revenue; providing for retroactive operation; providing an |
| 32 | effective date. |
| 33 |
|
| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
|
| 36 | Section 1. Section 193.704, Florida Statutes, is created |
| 37 | to read: |
| 38 | 193.704 Working waterfront property; definitions; |
| 39 | classification and assessment; denial of classification and |
| 40 | appeal.- |
| 41 | (1) DEFINITIONS.-For purposes of granting a working |
| 42 | waterfront property classification under this section for |
| 43 | January 1, 2010, and thereafter, the term: |
| 44 | (a) "Accessible to the public" means routinely available |
| 45 | to the public from sunrise to sunset, with or without charge, |
| 46 | with appropriate accommodations, including, but not limited to, |
| 47 | public parking or public boat ramps that are available for use |
| 48 | by the general public. |
| 49 | (b) "Commercial fishing facility" means docks, piers, |
| 50 | processing houses, or other facilities that support a commercial |
| 51 | fishing operation or an aquaculture operation certified under |
| 52 | chapter 597. |
| 53 | (c) "Commercial fishing operation" has the same meaning as |
| 54 | provided in s. 379.2351. |
| 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. The term excludes |
| 58 | storage that is purchased, received, or rented as a result of |
| 59 | homeownership or tenancy. |
| 60 | (e) "Land used predominantly for commercial fishing |
| 61 | purposes" means land used in good faith in a for-profit |
| 62 | commercial fishing operation for the taking or harvesting of |
| 63 | freshwater fish or saltwater products, as defined in s. 379.101, |
| 64 | for which a commercial license to take, harvest, or sell such |
| 65 | fish or products is required under chapter 379, or land used in |
| 66 | an aquaculture operation certified under chapter 597. |
| 67 | (f) "Marina" means a licensed commercial facility |
| 68 | available for use by the public that provides secured public |
| 69 | moorings or drystacks for vessels on a first-come, first-served |
| 70 | basis. The term excludes mooring or storage that is purchased, |
| 71 | received, or rented as a result of homeownership or tenancy. |
| 72 | (g) "Marine manufacturing facility" means a facility that |
| 73 | manufactures vessels for use in waters that are navigable. |
| 74 | (h) "Marine vessel construction and repair facility" means |
| 75 | a facility that constructs and repairs vessels that travel over |
| 76 | waters that are navigable, including, but not limited to, |
| 77 | shipyards and boatyards. |
| 78 | (i) "Open to the public" means for hire to the general |
| 79 | public and accessible during normal operating hours. |
| 80 | (j) "Repair" includes retrofitting and maintenance of |
| 81 | vessels. |
| 82 | (k) "Right-of-way" has the same meaning as provided in s. |
| 83 | 334.03. |
| 84 | (l) "Support facility" means a facility that typically is |
| 85 | colocated with marine vessel construction and repair facilities, |
| 86 | including, but not limited to, shops, equipment, and salvage |
| 87 | facilities. |
| 88 | (m) "Water-dependent" means that the activity performed in |
| 89 | the facility can be conducted only on, in, over, or adjacent to |
| 90 | waters that are navigable and requires direct access to water |
| 91 | and involves the use of water as an integral part of such |
| 92 | activity. |
| 93 | (n) "Waterfront" means property that is on, over, or |
| 94 | abutting waters that are navigable. Property that is separated |
| 95 | from property abutting waters that are navigable by a right-of- |
| 96 | way may be considered waterfront property, if: |
| 97 | 1. The properties on both sides of the right-of-way are |
| 98 | under common ownership. |
| 99 | 2. The properties on both sides of the right-of-way are |
| 100 | part of the same business enterprise. |
| 101 | 3. The property that is separated from the water by the |
| 102 | right-of-way has direct access to the water by crossing the |
| 103 | right-of-way. |
| 104 | (o) "Waters that are navigable" means waters that support |
| 105 | navigation by floating vessels of any description for the |
| 106 | purpose of transportation, recreation, or commerce. |
| 107 | (2) CLASSIFICATION AND ASSESSMENT; LOSS; PENALTY.- |
| 108 | (a) The following waterfront properties are eligible for |
| 109 | classification as working waterfront property: |
| 110 | 1. Land used predominantly for commercial fishing |
| 111 | purposes. |
| 112 | 2. Land that is accessible to the public and used for |
| 113 | vessel launches into waters that are navigable. |
| 114 | 3. Marinas and drystacks that are open to the public. |
| 115 | 4. Water-dependent marine manufacturing facilities. |
| 116 | 5. Water-dependent commercial fishing facilities. |
| 117 | 6. Water-dependent marine vessel construction and repair |
| 118 | facilities and their support facilities. |
| 119 | 7. Water-dependent facilities located in a county defined |
| 120 | in s. 125.011(1): |
| 121 | a. Used for the commercial transportation of goods and |
| 122 | people to and from foreign ports; or |
| 123 | b. Used to provide towing, storage, and salvage in support |
| 124 | of the facilities described in sub-subparagraph a. |
| 125 | (b) Property classified as working waterfront property |
| 126 | under this section shall be assessed on the basis of current |
| 127 | use. |
| 128 | 1. If the income approach to valuation is appropriate to |
| 129 | the property and if adequate local data on market rental rates, |
| 130 | expense rates, and vacancy rates are available to the property |
| 131 | appraiser, the assessed value shall be calculated using the |
| 132 | income approach to value, using a capitalization rate based upon |
| 133 | the debt coverage ratio formula, adjusted for the effective tax |
| 134 | rate and the percentage of equity multiplied by the equity yield |
| 135 | rate. The capitalization rate shall be calculated and updated |
| 136 | annually and shall be based on local data. |
| 137 | 2. If the conditions required for assessment under |
| 138 | subparagraph 1. are not satisfied, the property appraiser shall |
| 139 | value the property at its present cash value as if it were |
| 140 | required to remain in its current use into the foreseeable |
| 141 | future. |
| 142 | 3. In no event shall the assessed value of the property |
| 143 | exceed just value. |
| 144 | 4. When a parcel contains uses eligible for assessment |
| 145 | under this section and uses that are not eligible for assessment |
| 146 | under this section, those portions of the property that are not |
| 147 | eligible for assessment under this section must be assessed |
| 148 | separately as otherwise provided by this chapter. |
| 149 | (c)1. Property may not be classified as working waterfront |
| 150 | property unless an application for such classification is filed |
| 151 | with the property appraiser on or before March 1 of each year in |
| 152 | the county in which the property is located. Before approving |
| 153 | such classification, the property appraiser may require the |
| 154 | applicant to establish that the property is actually used as |
| 155 | required under this section. The property appraiser may require |
| 156 | the applicant to furnish the property appraiser such information |
| 157 | as may reasonably be required to establish that such property |
| 158 | was actually used for working waterfront purposes, and to |
| 159 | establish the classified use value of the property, including |
| 160 | income and expense data. The owner or lessee of the property |
| 161 | classified as working waterfront property in the prior year may |
| 162 | reapply on a short form provided by the Department of Revenue. |
| 163 | The lessee of property may make original application or reapply |
| 164 | on a short form if the lease, or an affidavit executed by the |
| 165 | owner, provides that the lessee is empowered to make application |
| 166 | for the working waterfront classification on behalf of the owner |
| 167 | and a copy of the lease or affidavit accompanies the |
| 168 | application. An applicant may withdraw an application on or |
| 169 | before the 25th day following the mailing of the notice of |
| 170 | proposed property taxes pursuant to s. 200.069 in the year the |
| 171 | application was filed. |
| 172 | 2. Failure of a property owner or lessee to apply for a |
| 173 | classification as working waterfront property by March 1 |
| 174 | constitutes a waiver for 1 year of the privilege granted in this |
| 175 | section. However, a person who is qualified to receive a working |
| 176 | waterfront classification but who fails to timely apply for |
| 177 | classification may file an application for classification with |
| 178 | the property appraiser on or before the 25th day following the |
| 179 | mailing of proposed property taxes pursuant to s. 200.069. Upon |
| 180 | review of the application, if the applicant is qualified to |
| 181 | receive the classification and demonstrates particular |
| 182 | extenuating circumstances that warrant the classification, the |
| 183 | property appraiser may grant the classification. |
| 184 | 3. A county, at the request of the property appraiser and |
| 185 | by a majority vote of its governing body, may waive the |
| 186 | requirement that an annual application or short form be filed |
| 187 | with the property appraiser for renewal of the classification of |
| 188 | property within the county as working waterfront property. Such |
| 189 | waiver may be revoked by a majority vote of the county governing |
| 190 | body. |
| 191 | 4. Notwithstanding subparagraph 3., a new application for |
| 192 | classification as working waterfront property must be filed with |
| 193 | the property appraiser whenever any property granted the |
| 194 | classification as working waterfront property is sold or |
| 195 | otherwise disposed of, whenever ownership or the lessee changes |
| 196 | in any manner, whenever the owner or the lessee ceases to use |
| 197 | the property as working waterfront property, or whenever the |
| 198 | status of the owner or the lessee changes so as to change the |
| 199 | classified status of the property. |
| 200 | 5. The property appraiser shall remove from the |
| 201 | classification as working waterfront property any property for |
| 202 | which the classified use has been abandoned or discontinued, or |
| 203 | if the property has been diverted to an unclassified use. Such |
| 204 | removed property shall be assessed at just value as provided in |
| 205 | s. 193.011. |
| 206 | 6.a. The owner of any property classified as working |
| 207 | waterfront property who is not required to file an annual |
| 208 | application under this section, and the lessee if the |
| 209 | application was made by the lessee, shall notify the property |
| 210 | appraiser promptly whenever the use of the property or the |
| 211 | status or condition of the owner or lessee changes so as to |
| 212 | change the classified status of the property. If any such |
| 213 | property owner or lessee fails to notify the property appraiser |
| 214 | and the property appraiser determines that for any year within |
| 215 | the prior 10 years the owner was not entitled to receive such |
| 216 | classification, the owner of the property is subject to taxes |
| 217 | otherwise due and owing as a result of such failure plus 15 |
| 218 | percent interest per annum and a penalty of 50 percent of the |
| 219 | additional taxes owed. However, the penalty may be waived if the |
| 220 | owner or lessee can demonstrate that he or she took reasonable |
| 221 | care to notify the property appraiser of the change in use, |
| 222 | status, or condition of the property. |
| 223 | b. The property appraiser making such determination shall |
| 224 | record in the public records of the county in which the working |
| 225 | waterfront property is located a notice of tax lien against any |
| 226 | property owned by the working waterfront property owner, and |
| 227 | such property must be identified in the notice of tax lien. Such |
| 228 | property is subject to the payment of all taxes and penalties. |
| 229 | Such lien, when filed, attaches to any property identified in |
| 230 | the notice of tax lien owned by the person or entity that |
| 231 | illegally or improperly received the classification. If such |
| 232 | person or entity no longer owns property in that county but owns |
| 233 | property in another county or counties in the state, the |
| 234 | property appraiser shall record in such other county or counties |
| 235 | a notice of tax lien identifying the property owned by the |
| 236 | working waterfront property owner in such county or counties |
| 237 | which shall become a lien against the identified property. |
| 238 | 7. The property appraiser shall have available at his or |
| 239 | her office a list by ownership of all applications for |
| 240 | classification as working waterfront property received, showing |
| 241 | the acreage, the just valuation under s. 193.011, the value of |
| 242 | the land under the provisions of this subsection, and whether |
| 243 | the classification was granted. |
| 244 | (3) DENIAL OF CLASSIFICATION; APPEAL.- |
| 245 | (a) If an application for working waterfront |
| 246 | classification is made by March 1, the property appraiser shall |
| 247 | notify the applicant in writing of a denial of the application |
| 248 | on or before July 1 of the year for which the application was |
| 249 | filed. The notification shall advise the applicant of his or her |
| 250 | right to appeal to the value adjustment board and of the appeal |
| 251 | filing deadline. |
| 252 | (b) Any applicant whose application for classification as |
| 253 | working waterfront property is denied by the property appraiser |
| 254 | may appeal to the value adjustment board by filing a petition |
| 255 | requesting that the classification be granted. The petition may |
| 256 | be filed on or before the 25th day following the mailing of the |
| 257 | assessment notice by the property appraiser as required under s. |
| 258 | 194.011(1). The petitioner shall pay a nonrefundable fee of $15 |
| 259 | upon filing the petition. Upon the value adjustment board's |
| 260 | review of the petition, if the petitioner is qualified to |
| 261 | receive the classification, the value adjustment board may grant |
| 262 | the petition and classification. |
| 263 | (c) A denial of a petition for classification by the value |
| 264 | adjustment board may be appealed to a court of competent |
| 265 | jurisdiction. |
| 266 | (d) Property that has received a working waterfront |
| 267 | classification from the value adjustment board or a court of |
| 268 | competent jurisdiction under this subsection is entitled to |
| 269 | receive such classification in any subsequent year until such |
| 270 | use is changed, abandoned, or discontinued, or the ownership |
| 271 | changes in any manner as provided in subparagraph (2)(c)4. The |
| 272 | property appraiser shall, no later than January 31 of each year, |
| 273 | provide notice to the property owner or lessee receiving a |
| 274 | classification under this subsection requiring the property |
| 275 | owner or a lessee qualified to make application to certify that |
| 276 | the ownership and the use of the property has not changed. The |
| 277 | department shall prescribe by rule the form of the notice to be |
| 278 | used by the property appraiser. |
| 279 | Section 2. Subsection (1) of section 195.073, Florida |
| 280 | Statutes, is amended to read: |
| 281 | 195.073 Classification of property.-All items required by |
| 282 | law to be on the assessment rolls must receive a classification |
| 283 | based upon the use of the property. The department shall |
| 284 | promulgate uniform definitions for all classifications. The |
| 285 | department may designate other subclassifications of property. |
| 286 | No assessment roll may be approved by the department which does |
| 287 | not show proper classifications. |
| 288 | (1) Real property must be classified according to the |
| 289 | assessment basis of the land into the following classes: |
| 290 | (a) Residential, subclassified into categories, one |
| 291 | category for homestead property and one for nonhomestead |
| 292 | property: |
| 293 | 1. Single family. |
| 294 | 2. Mobile homes. |
| 295 | 3. Multifamily. |
| 296 | 4. Condominiums. |
| 297 | 5. Cooperatives. |
| 298 | 6. Retirement homes. |
| 299 | (b) Commercial and industrial. |
| 300 | (c) Agricultural. |
| 301 | (d) Nonagricultural acreage. |
| 302 | (e) High-water recharge. |
| 303 | (f) Historic property used for commercial or certain |
| 304 | nonprofit purposes. |
| 305 | (g) Exempt, wholly or partially. |
| 306 | (h) Centrally assessed. |
| 307 | (i) Leasehold interests. |
| 308 | (j) Time-share property. |
| 309 | (k) Land assessed under s. 193.501. |
| 310 | (l) Working waterfront property. |
| 311 | (m)(l) Other. |
| 312 | Section 3. For the 2010 calendar year, an application for |
| 313 | classification as working waterfront under s. 193.704, Florida |
| 314 | Statutes, must be filed on or before July 1 instead of on or |
| 315 | before March 1. |
| 316 | Section 4. If any provision of this act or the application |
| 317 | thereof to any person or circumstance is held invalid, the |
| 318 | invalidity does not affect other provisions or applications of |
| 319 | the act which can be given effect without the invalid provision |
| 320 | or application, and to this end the provisions of this act are |
| 321 | severable. |
| 322 | Section 5. The Department of Revenue may adopt emergency |
| 323 | rules to administer s. 193.704, Florida Statutes, as created by |
| 324 | this act. The emergency rules shall remain in effect for 6 |
| 325 | months after adoption and may be renewed during the pendency of |
| 326 | procedures to adopt rules addressing the subject of the |
| 327 | emergency rules. |
| 328 | Section 6. This act shall take effect upon becoming a law |
| 329 | and shall operate retroactively to January 1, 2010. |