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 |
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34 | Be It Enacted by the Legislature of the State of Florida: |
35 |
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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. |