Florida Senate - 2022 SB 1126 By Senator Harrell 25-01074A-22 20221126__ 1 A bill to be entitled 2 An act relating to exemption from taxation for 3 educational properties; amending s. 196.198, F.S.; 4 exempting from taxation property used by an 5 educational institution that holds a leasehold 6 interest in certain leases exceeding a specified 7 number of years; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 196.198, Florida Statutes, is amended to 12 read: 13 196.198 Educational property exemption.—Educational 14 institutions within this state and their property used by them 15 or by any other exempt entity or educational institution 16 exclusively for educational purposes are exempt from taxation. 17 Sheltered workshops providing rehabilitation and retraining of 18 individuals who have disabilities and exempted by a certificate 19 under s. (d) of the federal Fair Labor Standards Act of 1938, as 20 amended, are declared wholly educational in purpose and are 21 exempt from certification, accreditation, and membership 22 requirements set forth in s. 196.012. Those portions of property 23 of college fraternities and sororities certified by the 24 president of the college or university to the appropriate 25 property appraiser as being essential to the educational process 26 are exempt from ad valorem taxation. The use of property by 27 public fairs and expositions chartered by chapter 616 is 28 presumed to be an educational use of such property and is exempt 29 from ad valorem taxation to the extent of such use. Property 30 used exclusively for educational purposes shall be deemed owned 31 by an educational institution if the entity owning 100 percent 32 of the educational institution is owned by the identical persons 33 who own the property,orif the entity owning 100 percent of the 34 educational institution and the entity owning the property are 35 owned by the identical natural persons, or if the educational 36 institution is a lessee that owns the leasehold interest in a 37 bona fide lease for a nominal amount per year having an original 38 term of 98 years or more. Land, buildings, and other 39 improvements to real property used exclusively for educational 40 purposes shall be deemed owned by an educational institution if 41 the entity owning 100 percent of the land is a nonprofit entity 42 and the land is used, under a ground lease or other contractual 43 arrangement, by an educational institution that owns the 44 buildings and other improvements to the real property, is a 45 nonprofit entity under s. 501(c)(3) of the Internal Revenue 46 Code, and provides education limited to students in 47 prekindergarten through grade 8. Land, buildings, and other 48 improvements to real property used exclusively for educational 49 purposes are deemed owned by an educational institution if the 50 educational institution that currently uses the land, buildings, 51 and other improvements for educational purposes is an 52 educational institution described in s. 212.0602, and, under a 53 lease, the educational institution is responsible for any taxes 54 owed and for ongoing maintenance and operational expenses for 55 the land, buildings, and other improvements. For such leasehold 56 properties, the educational institution shall receive the full 57 benefit of the exemption. The owner of the property shall 58 disclose to the educational institution the full amount of the 59 benefit derived from the exemption and the method for ensuring 60 that the educational institution receives the benefit. 61 Notwithstanding ss. 196.195 and 196.196, property owned by a 62 house of public worship and used by an educational institution 63 for educational purposes limited to students in preschool 64 through grade 8 shall be exempt from ad valorem taxes. If legal 65 title to property is held by a governmental agency that leases 66 the property to a lessee, the property shall be deemed to be 67 owned by the governmental agency and used exclusively for 68 educational purposes if the governmental agency continues to use 69 such property exclusively for educational purposes pursuant to a 70 sublease or other contractual agreement with that lessee. If the 71 title to land is held by the trustee of an irrevocable inter 72 vivos trust and if the trust grantor owns 100 percent of the 73 entity that owns an educational institution that is using the 74 land exclusively for educational purposes, the land is deemed to 75 be property owned by the educational institution for purposes of 76 this exemption. Property owned by an educational institution 77 shall be deemed to be used for an educational purpose if the 78 institution has taken affirmative steps to prepare the property 79 for educational use. The term “affirmative steps” means 80 environmental or land use permitting activities, creation of 81 architectural plans or schematic drawings, land clearing or site 82 preparation, construction or renovation activities, or other 83 similar activities that demonstrate commitment of the property 84 to an educational use. 85 Section 2. This act shall take effect July 1, 2022.