Florida Senate - 2012                                    SB 1062
       By Senator Detert
       23-00816-12                                           20121062__
    1                        A bill to be entitled                      
    2         An act relating to tangible personal property taxes;
    3         amending s. 196.183, F.S.; revising the conditions for
    4         a waiver of the requirements to file a tangible
    5         personal property tax return; providing for
    6         application; providing a contingent effective date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Section 196.183, Florida Statutes, is amended to
   11  read:
   12         196.183 Exemption for tangible personal property.—
   13         (1) Each tangible personal property tax return is eligible
   14  for an exemption from ad valorem taxation of up to $25,000 of
   15  assessed value. A single return must be filed for each site in
   16  the county where the owner of tangible personal property
   17  transacts business. Owners of freestanding property placed at
   18  multiple sites, other than sites where the owner transacts
   19  business, must file a single return, including all such property
   20  located in the county. Freestanding property placed at multiple
   21  sites includes vending and amusement machines, LP/propane tanks,
   22  utility and cable company property, billboards, leased
   23  equipment, and similar property that is not customarily located
   24  in the offices, stores, or plants of the owner, but is placed
   25  throughout the county. Railroads, private carriers, and other
   26  companies assessed pursuant to s. 193.085 shall be allowed one
   27  $25,000 exemption for each county to which the value of their
   28  property is allocated. The $25,000 exemption for freestanding
   29  property placed at multiple locations and for centrally assessed
   30  property shall be allocated to each taxing authority based on
   31  the proportion of just value of such property located in the
   32  taxing authority; however, the amount of the exemption allocated
   33  to each taxing authority may not change following the extension
   34  of the tax roll pursuant to s. 193.122.
   35         (2) For purposes of this section, a “site where the owner
   36  of tangible personal property transacts business” includes
   37  facilities where the business ships or receives goods, employees
   38  of the business are located, goods or equipment of the business
   39  are stored, or goods or services of the business are produced,
   40  manufactured, or developed, or similar facilities located in
   41  offices, stores, warehouses, plants, or other locations of the
   42  business. Sites where only the freestanding property of the
   43  owner is located shall not be considered sites where the owner
   44  of tangible personal property transacts business.
   45         (3) The requirement that an annual tangible personal
   46  property tax return pursuant to s. 193.052 be filed is waived
   47  for taxpayers who own owning taxable personal property:
   48         (a) The value of which, as listed on the return, does not
   49  exceed the exemption provided in this section; or
   50         (b) The taxable value of which is $25,000 or less waived.
   51         (4)(a) In order to qualify for the this waiver under
   52  paragraph (3)(a), a taxpayer must file an initial return on
   53  which the exemption is taken. If, in subsequent years, the
   54  taxpayer owns taxable property the value of which, as listed on
   55  the return, exceeds the exemption, the taxpayer is obligated to
   56  file a return. The taxpayer may again qualify for the waiver
   57  only after filing a return on which the value as listed on the
   58  return does not exceed the exemption. A return filed or required
   59  to be filed shall be considered an application filed or required
   60  to be filed for the exemption under this section.
   61         (b) In order to qualify for the waiver under paragraph
   62  (3)(b), a taxpayer must file an initial return disclosing the
   63  taxable value of property but will not incur any tax liability
   64  as a result of this filing. The taxpayer is not required to file
   65  another return until the value of taxable personal property
   66  owned by the taxpayer exceeds $25,000. The taxpayer may
   67  requalify for the waiver by filing a return showing that the
   68  value of the taxable personal property owned by the taxpayer is
   69  $25,000 or less.
   70         (5)(4) Owners of property previously assessed by the
   71  property appraiser without a return being filed may, at the
   72  option of the property appraiser, qualify for the exemption
   73  under this section without filing an initial return.
   74         (6)(5) The exemption provided in this section does not
   75  apply in any year a taxpayer fails to timely file a return that
   76  is not waived pursuant to subsection (3) or subsection (5) (4).
   77  Any taxpayer who received a waiver pursuant to subsection (3) or
   78  subsection (5) (4) and who owns taxable property the value of
   79  which, as listed on the return, exceeds the exemption in a
   80  subsequent year and who fails to file a return with the property
   81  appraiser is subject to the penalty contained in s.
   82  193.072(1)(a) calculated without the benefit of the exemption
   83  pursuant to this section. Any taxpayer claiming more exemptions
   84  than allowed pursuant to subsection (1) is subject to the taxes
   85  exempted as a result of wrongfully claiming the additional
   86  exemptions plus 15 percent interest per annum and a penalty of
   87  50 percent of the taxes exempted. By February 1 of each year,
   88  the property appraiser shall notify by mail all taxpayers whose
   89  requirement for filing an annual tangible personal property tax
   90  return was waived in the previous year. The notification shall
   91  state that a return must be filed if the value of the taxpayer’s
   92  tangible personal property exceeds the exemption and include the
   93  penalties for failure to file such a return.
   94         (7)(6) The exemption provided in this section does not
   95  apply to a mobile home that is presumed to be tangible personal
   96  property pursuant to s. 193.075(2).
   97         Section 2. This act shall take effect on the same effective
   98  date of the amendment to the State Constitution contained in
   99  Senate Joint Resolution ____, or a similar constitutional
  100  amendment, relating to tangible personal property taxes, and
  101  shall apply beginning with the 2013 tax roll.