Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 842
       
       
       
       
       
       
                                Ì356214ÄÎ356214                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/25/2016           .                                
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       The Committee on Finance and Tax (Simpson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 196.1955, Florida Statutes, is created
    6  to read:
    7         196.1955 Preparing property for educational, literary,
    8  scientific, religious, or charitable use.—
    9         (1) Property owned by an exempt organization is used for an
   10  exempt purpose if the owner has taken affirmative steps to
   11  prepare the property for an exempt educational, literary,
   12  scientific, religious, or charitable use and no portion of the
   13  property is being used for a nonexempt purpose. The term
   14  “affirmative steps” means environmental or land use permitting
   15  activities, creation of architectural plans or schematic
   16  drawings, land clearing or site preparation, construction or
   17  renovation activities, or other activities that demonstrate a
   18  commitment to prepare the property for an exempt use.
   19         (2)(a) If property owned by an organization that has been
   20  granted an exemption under this section is sold, transferred, or
   21  used for a purpose other than an exempt use or is not in actual
   22  exempt use within 5 years after the date the organization is
   23  granted an exemption, the property appraiser making such
   24  determination shall serve upon the organization that received
   25  the exemption a notice of intent to record in the public records
   26  of the county a notice of tax lien against any property owned by
   27  that organization in that county, and such property must be
   28  identified in the notice of tax lien. The organization owning
   29  such property is subject to the taxes otherwise due as a result
   30  of the failure to use the property in an exempt manner, plus 15
   31  percent interest per annum.
   32         1.The lien, when filed, attaches to any property
   33  identified in the notice of tax lien which is owned by the
   34  organization that received the exemption. If the organization no
   35  longer owns property in the county but owns property in another
   36  county in the state, the property appraiser shall record in each
   37  such county a notice of tax lien identifying the property owned
   38  by the organization in each respective county, which shall
   39  become a lien against the identified property.
   40         2. Before a lien may be filed, the organization must be
   41  given 30 days to pay the taxes and interest.
   42         3. If an exemption is improperly granted as a result of a
   43  clerical mistake or an omission by the property appraiser, the
   44  organization improperly receiving the exemption may not be
   45  assessed interest.
   46         4. The 5-year limitation specified in this subsection shall
   47  be extended by the property appraiser on an annual basis if the
   48  organization continues to take affirmative steps to prepare the
   49  property for the purposes specified in this section.
   50         (b) This subsection does not apply to property being
   51  prepared for use as a house of public worship. The term “public
   52  worship” means religious worship services and those activities
   53  that are incidental to religious worship services, such as
   54  educational activities, parking, recreation, partaking of meals,
   55  and fellowship.
   56         Section 2. Subsections (3), (4), and (5) of section
   57  196.196, Florida Statutes, are amended to read:
   58         196.196 Determining whether property is entitled to
   59  charitable, religious, scientific, or literary exemption.—
   60         (3) Property owned by an exempt organization is used for a
   61  religious purpose if the institution has taken affirmative steps
   62  to prepare the property for use as a house of public worship.
   63  The term “affirmative steps” means environmental or land use
   64  permitting activities, creation of architectural plans or
   65  schematic drawings, land clearing or site preparation,
   66  construction or renovation activities, or other similar
   67  activities that demonstrate a commitment of the property to a
   68  religious use as a house of public worship. For purposes of this
   69  subsection, the term “public worship” means religious worship
   70  services and those other activities that are incidental to
   71  religious worship services, such as educational activities,
   72  parking, recreation, partaking of meals, and fellowship.
   73         (3)(4) Except as otherwise provided in this section herein,
   74  property claimed as exempt for literary, scientific, religious,
   75  or charitable purposes which is used for profitmaking purposes
   76  is shall be subject to ad valorem taxation. Use of property for
   77  functions not requiring a business or occupational license
   78  conducted by the organization at its primary residence, the
   79  revenue of which is used wholly for exempt purposes, is shall
   80  not be considered profitmaking profit making. In this connection
   81  the playing of bingo on such property is shall not be considered
   82  a use of as using such property that in such a manner as would
   83  impair its exempt status.
   84         (5)(a) Property owned by an exempt organization qualified
   85  as charitable under s. 501(c)(3) of the Internal Revenue Code is
   86  used for a charitable purpose if the organization has taken
   87  affirmative steps to prepare the property to provide affordable
   88  housing to persons or families that meet the extremely-low
   89  income, very-low-income, low-income, or moderate-income limits,
   90  as specified in s. 420.0004. The term “affirmative steps” means
   91  environmental or land use permitting activities, creation of
   92  architectural plans or schematic drawings, land clearing or site
   93  preparation, construction or renovation activities, or other
   94  similar activities that demonstrate a commitment of the property
   95  to providing affordable housing.
   96         (b)1. If property owned by an organization granted an
   97  exemption under this subsection is transferred for a purpose
   98  other than directly providing affordable homeownership or rental
   99  housing to persons or families who meet the extremely-low
  100  income, very-low-income, low-income, or moderate-income limits,
  101  as specified in s. 420.0004, or is not in actual use to provide
  102  such affordable housing within 5 years after the date the
  103  organization is granted the exemption, the property appraiser
  104  making such determination shall serve upon the organization that
  105  illegally or improperly received the exemption a notice of
  106  intent to record in the public records of the county a notice of
  107  tax lien against any property owned by that organization in the
  108  county, and such property shall be identified in the notice of
  109  tax lien. The organization owning such property is subject to
  110  the taxes otherwise due and owing as a result of the failure to
  111  use the property to provide affordable housing plus 15 percent
  112  interest per annum and a penalty of 50 percent of the taxes
  113  owed.
  114         2. Such lien, when filed, attaches to any property
  115  identified in the notice of tax lien owned by the organization
  116  that illegally or improperly received the exemption. If such
  117  organization no longer owns property in the county but owns
  118  property in any other county in the state, the property
  119  appraiser shall record in each such other county a notice of tax
  120  lien identifying the property owned by such organization in such
  121  county which shall become a lien against the identified
  122  property. Before any such lien may be filed, the organization so
  123  notified must be given 30 days to pay the taxes, penalties, and
  124  interest.
  125         3. If an exemption is improperly granted as a result of a
  126  clerical mistake or an omission by the property appraiser, the
  127  organization improperly receiving the exemption shall not be
  128  assessed a penalty or interest.
  129         4. The 5-year limitation specified in this subsection may
  130  be extended if the holder of the exemption continues to take
  131  affirmative steps to develop the property for the purposes
  132  specified in this subsection.
  133         Section 3. Section 196.198, Florida Statutes, is amended to
  134  read:
  135         196.198 Educational property exemption.—
  136         (1) Educational institutions within this state and their
  137  property used by them or by any other exempt entity or
  138  educational institution exclusively for educational purposes are
  139  exempt from taxation.
  140         (a) Sheltered workshops providing rehabilitation and
  141  retraining of individuals who have disabilities and exempted by
  142  a certificate under s. (d) of the federal Fair Labor Standards
  143  Act of 1938, as amended, are declared wholly educational in
  144  purpose and are exempt from certification, accreditation, and
  145  membership requirements set forth in s. 196.012.
  146         (b) Those portions of property of college fraternities and
  147  sororities certified by the president of the college or
  148  university to the appropriate property appraiser as being
  149  essential to the educational process are exempt from ad valorem
  150  taxation.
  151         (c) The use of property by public fairs and expositions
  152  chartered by chapter 616 is presumed to be an educational use of
  153  such property and is exempt from ad valorem taxation to the
  154  extent of such use.
  155         (2) Property used exclusively for educational purposes
  156  shall be deemed owned by an educational institution if the
  157  entity owning 100 percent of the educational institution is
  158  owned by the identical persons who own the property, or if the
  159  entity owning 100 percent of the educational institution and the
  160  entity owning the property are owned by the identical natural
  161  persons.
  162         (a) Land, buildings, and other improvements to real
  163  property used exclusively for educational purposes shall be
  164  deemed owned by an educational institution if the entity owning
  165  100 percent of the land is a nonprofit entity and the land is
  166  used, under a ground lease or other contractual arrangement, by
  167  an educational institution that owns the buildings and other
  168  improvements to the real property, is a nonprofit entity under
  169  s. 501(c)(3) of the Internal Revenue Code, and provides
  170  education limited to students in prekindergarten through grade
  171  8.
  172         (b) If legal title to property is held by a governmental
  173  agency that leases the property to a lessee, the property shall
  174  be deemed to be owned by the governmental agency and used
  175  exclusively for educational purposes if the governmental agency
  176  continues to use such property exclusively for educational
  177  purposes pursuant to a sublease or other contractual agreement
  178  with that lessee.
  179         (c) If the title to land is held by the trustee of an
  180  irrevocable inter vivos trust and if the trust grantor owns 100
  181  percent of the entity that owns an educational institution that
  182  is using the land exclusively for educational purposes, the land
  183  is deemed to be property owned by the educational institution
  184  for purposes of this exemption. Property owned by an educational
  185  institution shall be deemed to be used for an educational
  186  purpose if the institution has taken affirmative steps to
  187  prepare the property for educational use. The term “affirmative
  188  steps” means environmental or land use permitting activities,
  189  creation of architectural plans or schematic drawings, land
  190  clearing or site preparation, construction or renovation
  191  activities, or other similar activities that demonstrate
  192  commitment of the property to an educational use.
  193         Section 4. This act shall take effect July 1, 2016.
  194  
  195  ================= T I T L E  A M E N D M E N T ================
  196  And the title is amended as follows:
  197         Delete everything before the enacting clause
  198  and insert:
  199                        A bill to be entitled                      
  200         An act relating to property prepared for a tax-exempt
  201         use; creating s. 196.1955, F.S.; consolidating and
  202         revising provisions relating to obtaining an ad
  203         valorem exemption for property owned by an exempt
  204         organization, including the requirement that the owner
  205         of an exempt organization take affirmative steps to
  206         demonstrate an exempt use; requiring the property
  207         appraiser to serve a notice of tax lien on exempt
  208         property that is not in exempt use after a certain
  209         time; providing that the lien attaches to any property
  210         owned by the organization identified in the notice of
  211         lien; providing that the provisions authorizing the
  212         tax lien do not apply to a house of public worship;
  213         defining the term “public worship”; amending s.
  214         196.196, F.S.; deleting provisions relating to the
  215         exemption as it applies to public worship and
  216         affordable housing and provisions incorporated into s.
  217         196.1955, F.S.; amending s. 196.198, F.S.; deleting
  218         provisions relating to property owned by an
  219         educational institution and used for an educational
  220         purpose which are incorporated in s. 196.1955, F.S.;
  221         providing an effective date.