Florida Senate - 2010         (Proposed Committee Bill) SPB 7026 
 
FOR CONSIDERATION By the Committee on Finance and Tax 
593-01187A-10                                         20107026__ 
1                        A bill to be entitled 
2         An act relating to working waterfront property; 
3         creating s. 193.704, F.S.; defining terms; specifying 
4         property that is eligible for classification as 
5         working waterfront property; requiring the assessment 
6         of working waterfront property based on current use; 
7         requiring an application for classification of 
8         property as working waterfront property; authorizing a 
9         property appraiser to approve an application that is 
10         not filed by a certain deadline due to extenuating 
11         circumstances; providing for the waiver of annual 
12         application requirements; providing for the loss of 
13         classification upon a change of ownership or use; 
14         requiring that property owners notify the property 
15         appraiser of changes in use or ownership of property; 
16         imposing a penalty on a property owner who fails to 
17         notify the property appraiser of an event resulting in 
18         the unlawful or improper classification of property as 
19         working waterfront property; requiring the imposition 
20         of tax liens to recover penalties and interest; 
21         providing for the assessment of a portion of property 
22         within a working waterfront property which is not used 
23         as working waterfront property; requiring that a 
24         property appraiser make a list relating to 
25         applications to certify property as working waterfront 
26         property; providing an appeal process for an 
27         application that has been denied; amending s. 195.073, 
28         F.S.; providing for the classification of land as 
29         working waterfront property on an assessment roll; 
30         providing for retroactive application; providing an 
31         effective date. 
32 
33  Be It Enacted by the Legislature of the State of Florida: 
34 
35         Section 1. Section 193.704, Florida Statutes, is created to 
36  read: 
37         193.704 Working waterfront property; definitions; 
38  classification and assessment; denial of classification and 
39  appeal.— 
40         (1) DEFINITIONS.—For purposes of granting a working 
41  waterfront property classification under this section for 
42  January 1, 2010, and thereafter, the term: 
43         (a) “Accessible to the public” means routinely available to 
44  the public from sunrise to sunset, with or without charge, with 
45  appropriate accommodations, including, but not limited to, 
46  public parking or public boat ramps that are available for use 
47  by the general public. 
48         (b) “Commercial fishing facility” means docks, piers, 
49  processing houses, or other facilities that support a commercial 
50  fishing operation or an aquaculture operation certified under 
51  chapter 597. 
52         (c) “Commercial fishing operation” has the same meaning as 
53  provided in s. 379.2351. 
54         (d) “Drystack” means a vessel storage facility or building 
55  in which storage spaces for vessels are available for use by the 
56  public on a first-come, first-served basis, with no automatic 
57  renewal rights or conditions. The term excludes storage that is 
58  purchased, received, or rented as a result of homeownership or 
59  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 that 
68  provides secured public moorings or drystacks for vessels on a 
69  first-come, first-served basis, with no automatic renewal rights 
70  or conditions. The term excludes mooring or storage that is 
71  purchased, received, or rented as a result of homeownership or 
72  tenancy. 
73         (g) “Marine manufacturing facility” means a facility that 
74  manufactures vessels for use in waters that are navigable. 
75         (h) “Marine vessel construction and repair facility” means 
76  a facility that constructs and repairs vessels that travel over 
77  waters that are navigable, including, but not limited to, 
78  shipyards and boatyards. As used in this section, the term 
79  “repair” includes retrofitting and maintenance of vessels. 
80         (i) “Open to the public” means for hire to the general 
81  public and accessible during normal operating hours. 
82         (j) “Support facility” means a facility that typically is 
83  colocated with marine vessel construction and repair facilities, 
84  including, but not limited to, shops, equipment, and salvage 
85  facilities. 
86         (k) “Water-dependent” means an activity that can be 
87  conducted only on, in, over, or adjacent to waters that are 
88  navigable and that requires direct access to water and involves 
89  the use of water as an integral part of such activity. 
90         (l) “Waterfront” means property that is on, over, or 
91  abutting waters that are navigable. Property that is separated 
92  from property abutting waters that are navigable by a public 
93  right of way may be considered waterfront property, if the 
94  property on both sides of the public right of way is under 
95  common ownership and the property that is separated by the 
96  public right of way has direct access to the water by crossing 
97  the public right of way. 
98         (m) “Waters that are navigable” means any body of water 
99  that is subject to the ebb and flow of the tide, connects with 
100  continuous interstate waterway, has navigable capacity, and is 
101  actually navigable. 
102         (2) CLASSIFICATION AND ASSESSMENT; LOSS; PENALTY.— 
103         (a) The following waterfront properties are eligible for 
104  classification as working waterfront property: 
105         1. Land used predominantly for commercial fishing purposes. 
106         2. Land that is accessible to the public and used for 
107  vessel launches into waters that are navigable. 
108         3. Marinas and drystacks that are open to the public. 
109         4. Water-dependent marine manufacturing facilities. 
110         5. Water-dependent commercial fishing facilities. 
111         6. Water-dependent marine vessel construction and repair 
112  facilities and their support facilities. 
113         (b) Property classified as working waterfront property 
114  under this section shall be assessed on the basis of current 
115  use. 
116         1. If the income approach to valuation is appropriate to 
117  the property and if adequate local data on market rental rates, 
118  expense rates, and vacancy rates are available, the assessed 
119  value shall be calculated using the income approach to value, 
120  using a capitalization rate based upon the debt coverage ratio 
121  formula, adjusted for the effective tax rate and the percentage 
122  of equity multiplied by the equity yield rate. The 
123  capitalization rate shall be calculated and updated annually and 
124  shall be based on local data. 
125         2.If the conditions required for assessment under 
126  subparagraph 1. are not satisfied, the property appraiser shall 
127  value the property at its present cash value as if it were 
128  required to remain in its current working waterfront use. 
129         3. In no event shall the assessed value of the property 
130  exceed just value. 
131         (c)1.Property may not be classified as working waterfront 
132  property unless an application for such classification is filed 
133  with the property appraiser on or before March 1 of each year in 
134  the county in which the property is located. Before approving 
135  such classification, the property appraiser may require the 
136  applicant to establish that the property is actually used as 
137  required under this section. The property appraiser may require 
138  the applicant to furnish the property appraiser such information 
139  as may reasonably be required to establish that such property 
140  was actually used for working waterfront purposes, and to 
141  establish the classified use value of the property, including 
142  income and expense data. The owner or lessee of the property 
143  classified as working waterfront property in the prior year may 
144  reapply on a short form provided by the Department of Revenue. 
145  The lessee of property may make original application or reapply 
146  on a short form if the lease, or an affidavit executed by the 
147  owner, provides that the lessee is empowered to make application 
148  for the working waterfront classification on behalf of the owner 
149  and a copy of the lease or affidavit accompanies the 
150  application. An applicant may withdraw an application on or 
151  before the 25th day following the mailing of the notice of 
152  proposed property taxes pursuant to s. 200.069 in the year the 
153  application was filed. 
154         2. Failure of a property owner or lessee to apply for a 
155  classification as working waterfront property by March 1 
156  constitutes a waiver for 1 year of the privilege granted in this 
157  section. However, a person who is qualified to receive a working 
158  waterfront classification but who fails to timely apply for 
159  classification may file an application for classification with 
160  the property appraiser on or before the 25th day following the 
161  mailing of proposed property taxes pursuant to s. 200.069. Upon 
162  review of the application, if the applicant is qualified to 
163  receive the classification and demonstrates particular 
164  extenuating circumstances that warrant the classification, the 
165  property appraiser may grant the classification. 
166         3. A county, at the request of the property appraiser and 
167  by a majority vote of its governing body, may waive the 
168  requirement that an annual application or short form be filed 
169  with the property appraiser for renewal of the classification of 
170  property within the county as working waterfront property. Such 
171  waiver may be revoked by a majority of the county governing 
172  body. 
173         4. Notwithstanding subparagraph 2., a new application for 
174  classification as working waterfront property must be filed with 
175  the property appraiser whenever any property granted the 
176  classification as working waterfront property is sold or 
177  otherwise disposed of, whenever ownership or the lessee changes 
178  in any manner, whenever the owner or the lessee ceases to use 
179  the property as working waterfront property, or whenever the 
180  status of the owner or the lessee changes so as to change the 
181  classified status of the property. 
182         5. The property appraiser shall remove from the 
183  classification as working waterfront property any property for 
184  which the classified use has been abandoned or discontinued, or 
185  if the property has been diverted to an unclassified use. Such 
186  removed property shall be assessed at just value as provided in 
187  s. 193.011. 
188         6.a. The owner of any property classified as working 
189  waterfront property who is not required to file an annual 
190  application under this section, and the lessee if the 
191  application was made by the lessee, shall notify the property 
192  appraiser promptly whenever the use of the property or the 
193  status or condition of the owner or lessee changes so as to 
194  change the classified status of the property. If any such 
195  property owner or lessee fails to notify the property appraiser 
196  and the property appraiser determines that for any year within 
197  the prior 10 years the owner was not entitled to receive such 
198  classification, the owner of the property is subject to taxes 
199  otherwise due and owing as a result of such failure plus 15 
200  percent interest per annum and a penalty of 50 percent of the 
201  additional taxes owed. However, the penalty may be waived if the 
202  owner or lessee can demonstrate that they took reasonable care 
203  to notify the property appraiser of the change in use, status, 
204  or condition of the property. 
205         b. The property appraiser making such determination shall 
206  record in the public records of the county in which the working 
207  waterfront property is located a notice of tax lien against any 
208  property owned by the working waterfront property owner, and 
209  such property must be identified in the notice of tax lien. Such 
210  property is subject to the payment of all taxes and penalties. 
211  Such lien, when filed, attaches to any property identified in 
212  the notice of tax lien owned by the person or entity that 
213  illegally or improperly received the classification. If such 
214  person or entity no longer owns property in that county but owns 
215  property in another county or counties in the state, the 
216  property appraiser shall record in such other county or counties 
217  a notice of tax lien identifying the property owned by the 
218  working waterfront property owner in such county or counties 
219  which shall become a lien against the identified property. 
220         7. When a parcel contains both uses eligible for assessment 
221  under this section and uses that are not eligible for assessment 
222  under this section, those portions of the property that are not 
223  eligible for assessment under this section must be assessed 
224  separately as otherwise provided by this chapter. 
225         8. The property appraiser shall have available at his or 
226  her office a list by ownership of all applications for 
227  classification as working waterfront property received, showing 
228  the acreage, the just valuation under s. 193.011, the value of 
229  the land under the provisions of this subsection, and whether 
230  the classification was granted. 
231         (3) DENIAL OF CLASSIFICATION; APPEAL.— 
232         (a) If an application for working waterfront classification 
233  is made by March 1, the property appraiser shall notify the 
234  applicant in writing of a denial of the application on or before 
235  July 1 of the year for which the application was filed. The 
236  notification shall advise the applicant of his or her right to 
237  appeal to the value adjustment board and of the appeal filing 
238  deadline. 
239         (b) Any applicant whose application for classification as 
240  working waterfront property is denied by the property appraiser 
241  may appeal to the value adjustment board by filing a petition 
242  requesting that the classification be granted. The petition may 
243  be filed on or before the 25th day following the mailing of the 
244  assessment notice by the property appraiser as required under s. 
245  194.011(1). Notwithstanding s. 194.013, the petitioner shall pay 
246  a nonrefundable fee of $15 upon filing the petition. Upon the 
247  value adjustment board’s review of the petition, if the 
248  petitioner is qualified to receive the classification and 
249  demonstrates particular extenuating circumstances that warrant 
250  granting the classification, the value adjustment board may 
251  grant the petition and classification. 
252         (c) A denial of a petition for classification by the value 
253  adjustment board may be appealed to a court of competent 
254  jurisdiction. 
255         (d)1. Property that has received a working waterfront 
256  classification from the value adjustment board or a court of 
257  competent jurisdiction under this subsection is entitled to 
258  receive such classification in any subsequent year until such 
259  use is changed, abandoned, or discontinued, or the ownership 
260  changes in any manner as provided in subparagraph (2)(c)4. The 
261  property appraiser shall, no later than January 31 of each year, 
262  provide notice to the property owner or lessee receiving a 
263  classification under this subsection requiring the property 
264  owner or a lessee qualified to make application to certify that 
265  the ownership and the use of the property has not changed. The 
266  department shall prescribe by rule the form of the notice to be 
267  used by the property appraiser. 
268         2. If a county has waived the requirement that an annual 
269  application or short form be filed for classification of the 
270  property under subsection (2), the county may, by majority vote 
271  of its governing body, waive the notice and certification 
272  requirements of this paragraph and shall provide the property 
273  owner or lessee with the same notification as provided to 
274  property owners granted a working waterfront classification by 
275  the property appraiser. Such waiver may be revoked by a majority 
276  vote of the county governing body. 
277         Section 2. Subsection (1) of section 195.073, Florida 
278  Statutes, is amended to read: 
279         195.073 Classification of property.—All items required by 
280  law to be on the assessment rolls must receive a classification 
281  based upon the use of the property. The department shall 
282  promulgate uniform definitions for all classifications. The 
283  department may designate other subclassifications of property. 
284  No assessment roll may be approved by the department which does 
285  not show proper classifications. 
286         (1) Real property must be classified according to the 
287  assessment basis of the land into the following classes: 
288         (a) Residential, subclassified into categories, one 
289  category for homestead property and one for nonhomestead 
290  property: 
291         1. Single family. 
292         2. Mobile homes. 
293         3. Multifamily. 
294         4. Condominiums. 
295         5. Cooperatives. 
296         6. Retirement homes. 
297         (b) Commercial and industrial. 
298         (c) Agricultural. 
299         (d) Nonagricultural acreage. 
300         (e) High-water recharge. 
301         (f) Historic property used for commercial or certain 
302  nonprofit purposes. 
303         (g) Exempt, wholly or partially. 
304         (h) Centrally assessed. 
305         (i) Leasehold interests. 
306         (j) Time-share property. 
307         (k) Land assessed under s. 193.501. 
308         (l) Working waterfront property. 
309         (m)(l) Other. 
310         Section 3. This act shall take effect upon becoming a law, 
311  and applies retroactively to January 1, 2010.