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, or if 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.