Florida Senate - 2011                                     SB 814
       
       
       
       By Senator Richter
       
       
       
       
       37-00781-11                                            2011814__
    1                        A bill to be entitled                      
    2         An act relating to ad valorem tax exemptions for real
    3         property used for charitable purposes; amending s.
    4         196.192, F.S.; providing partial ad valorem tax
    5         exemptions for nonexempt owners of real property
    6         leased or gratuitously provided to exempt entities for
    7         exclusive use for charitable purposes; amending s.
    8         196.195, F.S.; authorizing nonexempt owners of real
    9         property to apply for ad valorem tax exemptions
   10         relating to real property leased or gratuitously
   11         provided for charitable purposes; providing
   12         eligibility criteria for partial ad valorem tax
   13         exemptions relating to real property leased or
   14         gratuitously provided for charitable purposes;
   15         amending s. 196.196, F.S.; providing an exception to
   16         the profitmaking prohibition applicable to claiming an
   17         ad valorem tax exemption relating to property used for
   18         charitable purposes; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 196.192, Florida Statutes, is amended to
   23  read:
   24         196.192 Exemptions from ad valorem taxation.—Subject to the
   25  provisions of this chapter:
   26         (1) All property owned by an exempt entity, including
   27  educational institutions, and used exclusively for exempt
   28  purposes shall be totally exempt from ad valorem taxation.
   29         (2) All property owned by an exempt entity, including
   30  educational institutions, and used predominantly for exempt
   31  purposes shall be exempted from ad valorem taxation to the
   32  extent of the ratio that such predominant use bears to the
   33  nonexempt use.
   34         (3) All real property owned by a nonexempt entity and
   35  leased or provided gratuitously to an exempt charitable entity
   36  for exclusive use of the property for exempt charitable purposes
   37  shall be exempted from ad valorem taxation in an amount
   38  equivalent to 50 percent of the amount exempted under subsection
   39  (1).
   40         (4) All real property owned by a nonexempt entity, a
   41  portion of which is leased or provided gratuitously to an exempt
   42  charitable entity for exclusive use of that portion of the
   43  property for exempt charitable purposes, shall be exempted from
   44  ad valorem taxation to the extent of 50 percent of the ratio
   45  that such use bears to the nonexempt use of other portions of
   46  the property.
   47         (5)(3) All tangible personal property loaned or leased by a
   48  natural person, by a trust holding property for a natural
   49  person, or by an exempt entity to an exempt entity for public
   50  display or exhibition on a recurrent schedule is exempt from ad
   51  valorem taxation if the property is loaned or leased for no
   52  consideration or for nominal consideration.
   53  
   54  For purposes of this section, each use to which the property is
   55  being put must be considered in granting an exemption from ad
   56  valorem taxation, including any economic use in addition to any
   57  physical use. For purposes of this section, property owned by a
   58  limited liability company, the sole member of which is an exempt
   59  entity, shall be treated as if the property were owned directly
   60  by the exempt entity. This section does not apply in determining
   61  the exemption for property owned by governmental units pursuant
   62  to s. 196.199.
   63         Section 2. Section 196.195, Florida Statutes, is amended to
   64  read:
   65         196.195 Determining profit or nonprofit status of
   66  applicant.—
   67         (1) Exempt and nonexempt entities applying for a total or
   68  partial Applicants requesting exemption shall supply such fiscal
   69  and other records showing in reasonable detail the financial
   70  condition, record of operation, and exempt and nonexempt uses of
   71  the property, where appropriate, for the immediately preceding
   72  fiscal year as are requested by the property appraiser or the
   73  value adjustment board.
   74         (2) In determining whether an exempt entity applying
   75  applicant for a religious, literary, scientific, or charitable
   76  exemption under this chapter is a nonprofit or profitmaking
   77  venture or whether the property is used for a profitmaking
   78  purpose, the following criteria shall be applied:
   79         (a) The reasonableness of any advances or payment directly
   80  or indirectly by way of salary, fee, loan, gift, bonus,
   81  gratuity, drawing account, commission, or otherwise (except for
   82  reimbursements of advances for reasonable out-of-pocket expenses
   83  incurred on behalf of the applicant) to any person, company, or
   84  other entity directly or indirectly controlled by the applicant
   85  or any officer, director, trustee, member, or stockholder of the
   86  applicant;
   87         (b) The reasonableness of any guaranty of a loan to, or an
   88  obligation of, any officer, director, trustee, member, or
   89  stockholder of the applicant or any entity directly or
   90  indirectly controlled by such person, or which pays any
   91  compensation to its officers, directors, trustees, members, or
   92  stockholders for services rendered to or on behalf of the
   93  applicant;
   94         (c) The reasonableness of any contractual arrangement by
   95  the applicant or any officer, director, trustee, member, or
   96  stockholder of the applicant regarding rendition of services,
   97  the provision of goods or supplies, the management of the
   98  applicant, the construction or renovation of the property of the
   99  applicant, the procurement of the real, personal, or intangible
  100  property of the applicant, or other similar financial interest
  101  in the affairs of the applicant;
  102         (d) The reasonableness of payments made for salaries for
  103  the operation of the applicant or for services, supplies and
  104  materials used by the applicant, reserves for repair,
  105  replacement, and depreciation of the property of the applicant,
  106  payment of mortgages, liens, and encumbrances upon the property
  107  of the applicant, or other purposes; and
  108         (e) The reasonableness of charges made by the applicant for
  109  any services rendered by it in relation to the value of those
  110  services, and, if such charges exceed the value of the services
  111  rendered, whether the excess is used to pay maintenance and
  112  operational expenses in furthering its exempt purpose or to
  113  provide services to persons unable to pay for the services.
  114         (3) Each exempt entity applying for an exemption applicant
  115  must affirmatively show that no part of the subject property, or
  116  the proceeds of the sale, lease, or other disposition thereof,
  117  will inure to the benefit of its members, directors, or officers
  118  or any person or firm operating for profit or for a nonexempt
  119  purpose.
  120         (4) An No application submitted by an exempt entity for
  121  exemption may not be granted for religious, literary,
  122  scientific, or charitable use of property until the applicant
  123  has been found by the property appraiser or, upon appeal, by the
  124  value adjustment board to be nonprofit as defined in this
  125  section.
  126         (5) In determining whether a nonexempt entity applying for
  127  a charitable exemption under this chapter is eligible for the
  128  partial exemptions provided in s. 196.192(3) and (4), the
  129  criteria in subsection (2) for determining whether an exempt
  130  entity is a nonprofit or profitmaking venture or whether the
  131  property is used for a profitmaking purpose shall be applied to
  132  the exempt charitable lessee or donee.
  133         (a) A nonexempt entity applying for a charitable exemption
  134  must affirmatively show that no part of the subject property or
  135  proceeds generated by the exclusive use of the property for
  136  exempt charitable purposes or a portion of the property for
  137  exempt charitable purposes will inure to the benefit of the
  138  exempt entity’s members, directors, or officers or any person or
  139  firm operating for profit or for a nonexempt purpose, with the
  140  exception of a reasonable rental payment to the nonexempt
  141  entity.
  142         (b) An application submitted by an exempt entity for a
  143  partial exemption provided in s. 196.192(3) or (4) may not be
  144  granted for charitable use of property until the exempt
  145  charitable lessee or donee has been found by the property
  146  appraiser or, upon appeal, by the value adjustment board to be
  147  nonprofit as defined in this section.
  148         Section 3. Subsection (4) of section 196.196, Florida
  149  Statutes, is amended to read:
  150         196.196 Determining whether property is entitled to
  151  charitable, religious, scientific, or literary exemption.—
  152         (4) Except as otherwise provided in this section and in ss.
  153  196.192 and 196.195 herein, property claimed as exempt for
  154  literary, scientific, religious, or charitable purposes which is
  155  used for profitmaking purposes shall be subject to ad valorem
  156  taxation. Use of property for functions not requiring a business
  157  or occupational license conducted by the organization at its
  158  primary residence, the revenue of which is used wholly for
  159  exempt purposes, shall not be considered profit making. In this
  160  connection the playing of bingo on such property shall not be
  161  considered as using such property in such a manner as would
  162  impair its exempt status.
  163         Section 4. This act shall take effect July 1, 2011.