Florida Senate - 2014              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 626
       
       
       
       
       
                               Ì155938RÎ155938                          
       
       576-04121-14                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Finance and Tax)
    1                        A bill to be entitled                      
    2         An act relating to property prepared for a tax-exempt
    3         use; creating s. 196.1955, F.S.; consolidating
    4         provisions relating to obtaining an ad valorem
    5         exemption for property owned by an exempt
    6         organization, including the requirement that the owner
    7         of an exempt organization take affirmative steps to
    8         demonstrate an exempt use; authorizing the property
    9         appraiser to serve a notice of tax lien on exempt
   10         property that is not in actual exempt use after a
   11         certain time; providing that the lien attaches to any
   12         property owned by the organization identified in the
   13         notice of lien; amending s. 196.196, F.S.; deleting
   14         provisions relating to the exemption as it applies to
   15         public worship and affordable housing and provisions
   16         that have been moved to s. 196.1955, F.S.; amending s.
   17         196.198, F.S.; deleting provisions relating to
   18         property owned by an educational institution and used
   19         for an educational purpose that is included in s.
   20         196.1955, F.S.; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 196.1955, Florida Statutes, is created
   25  to read:
   26         196.1955 Preparing property for educational, literary,
   27  scientific, religious, or charitable use.—
   28         (1) Property owned by an exempt organization is used for an
   29  exempt purpose if the owner has taken affirmative steps to
   30  prepare the property for an exempt educational, literary,
   31  scientific, religious, or charitable use and no portion of the
   32  property is being used for a nonexempt purpose. The term
   33  “affirmative steps” means environmental or land use permitting
   34  activities, creation of architectural plans or schematic
   35  drawings, land clearing or site preparation, construction or
   36  renovation activities, or other similar activities that
   37  demonstrate a commitment to prepare the property for an exempt
   38  use.
   39         (2) If property owned by an organization granted an
   40  exemption under this section is transferred for a purpose other
   41  than an exempt use or is not in actual exempt use within 5 years
   42  after the date the organization is granted an exemption, the
   43  property appraiser making such determination shall serve upon
   44  the organization that received the exemption a notice of intent
   45  to record in the public records of the county a notice of tax
   46  lien against any property owned by that organization in the
   47  county, and such property must be identified in the notice of
   48  tax lien. The organization owning such property is subject to
   49  the taxes otherwise due and owing as a result of the failure to
   50  use the property in an exempt manner plus 15 percent interest
   51  per annum.
   52         (a) The lien, when filed, attaches to any property
   53  identified in the notice of tax lien owned by the organization
   54  that received the exemption. If the organization no longer owns
   55  property in the county but owns property in any other county in
   56  the state, the property appraiser shall record in each such
   57  county a notice of tax lien identifying the property owned by
   58  the organization in each respective county, which shall become a
   59  lien against the identified property.
   60         (b) Before such lien may be filed, the organization so
   61  notified must be given 30 days to pay the taxes and interest.
   62         (c) If an exemption is improperly granted as a result of a
   63  clerical mistake or an omission by the property appraiser, the
   64  organization improperly receiving the exemption may not be
   65  assessed interest.
   66         (d) The 5-year limitation specified in this subsection may
   67  be extended if the holder of the exemption continues to take
   68  affirmative steps to develop the property for the purposes
   69  specified in this subsection.
   70         Section 2. Subsections (3), (4), and (5) of section
   71  196.196, Florida Statutes, are amended to read:
   72         196.196 Determining whether property is entitled to
   73  charitable, religious, scientific, or literary exemption.—
   74         (3) Property owned by an exempt organization is used for a
   75  religious purpose if the institution has taken affirmative steps
   76  to prepare the property for use as a house of public worship.
   77  The term “affirmative steps” means environmental or land use
   78  permitting activities, creation of architectural plans or
   79  schematic drawings, land clearing or site preparation,
   80  construction or renovation activities, or other similar
   81  activities that demonstrate a commitment of the property to a
   82  religious use as a house of public worship. For purposes of this
   83  subsection, the term “public worship” means religious worship
   84  services and those other activities that are incidental to
   85  religious worship services, such as educational activities,
   86  parking, recreation, partaking of meals, and fellowship.
   87         (3)(4) Except as otherwise provided in this section herein,
   88  property claimed as exempt for literary, scientific, religious,
   89  or charitable purposes which is used for profitmaking purposes
   90  is shall be subject to ad valorem taxation. Use of property for
   91  functions not requiring a business or occupational license
   92  conducted by the organization at its primary residence, the
   93  revenue of which is used wholly for exempt purposes, is shall
   94  not be considered profitmaking profit making. In this connection
   95  the playing of bingo on such property is shall not be considered
   96  as using such property in such a manner as would impair its
   97  exempt status.
   98         (5)(a) Property owned by an exempt organization qualified
   99  as charitable under s. 501(c)(3) of the Internal Revenue Code is
  100  used for a charitable purpose if the organization has taken
  101  affirmative steps to prepare the property to provide affordable
  102  housing to persons or families that meet the extremely-low
  103  income, very-low-income, low-income, or moderate-income limits,
  104  as specified in s. 420.0004. The term “affirmative steps” means
  105  environmental or land use permitting activities, creation of
  106  architectural plans or schematic drawings, land clearing or site
  107  preparation, construction or renovation activities, or other
  108  similar activities that demonstrate a commitment of the property
  109  to providing affordable housing.
  110         (b)1. If property owned by an organization granted an
  111  exemption under this subsection is transferred for a purpose
  112  other than directly providing affordable homeownership or rental
  113  housing to persons or families who meet the extremely-low
  114  income, very-low-income, low-income, or moderate-income limits,
  115  as specified in s. 420.0004, or is not in actual use to provide
  116  such affordable housing within 5 years after the date the
  117  organization is granted the exemption, the property appraiser
  118  making such determination shall serve upon the organization that
  119  illegally or improperly received the exemption a notice of
  120  intent to record in the public records of the county a notice of
  121  tax lien against any property owned by that organization in the
  122  county, and such property shall be identified in the notice of
  123  tax lien. The organization owning such property is subject to
  124  the taxes otherwise due and owing as a result of the failure to
  125  use the property to provide affordable housing plus 15 percent
  126  interest per annum and a penalty of 50 percent of the taxes
  127  owed.
  128         2. Such lien, when filed, attaches to any property
  129  identified in the notice of tax lien owned by the organization
  130  that illegally or improperly received the exemption. If such
  131  organization no longer owns property in the county but owns
  132  property in any other county in the state, the property
  133  appraiser shall record in each such other county a notice of tax
  134  lien identifying the property owned by such organization in such
  135  county which shall become a lien against the identified
  136  property. Before any such lien may be filed, the organization so
  137  notified must be given 30 days to pay the taxes, penalties, and
  138  interest.
  139         3. If an exemption is improperly granted as a result of a
  140  clerical mistake or an omission by the property appraiser, the
  141  organization improperly receiving the exemption shall not be
  142  assessed a penalty or interest.
  143         4. The 5-year limitation specified in this subsection may
  144  be extended if the holder of the exemption continues to take
  145  affirmative steps to develop the property for the purposes
  146  specified in this subsection.
  147         Section 3. Section 196.198, Florida Statutes, is amended to
  148  read:
  149         196.198 Educational property exemption.—
  150         (1) Educational institutions within this state and their
  151  property used by them or by any other exempt entity or
  152  educational institution exclusively for educational purposes are
  153  exempt from taxation.
  154         (a) Sheltered workshops providing rehabilitation and
  155  retraining of individuals who have disabilities and exempted by
  156  a certificate under s. (d) of the federal Fair Labor Standards
  157  Act of 1938, as amended, are declared wholly educational in
  158  purpose and are exempt from certification, accreditation, and
  159  membership requirements set forth in s. 196.012.
  160         (b) Those portions of property of college fraternities and
  161  sororities certified by the president of the college or
  162  university to the appropriate property appraiser as being
  163  essential to the educational process are exempt from ad valorem
  164  taxation.
  165         (c) The use of property by public fairs and expositions
  166  chartered by chapter 616 is presumed to be an educational use of
  167  such property and is exempt from ad valorem taxation to the
  168  extent of such use.
  169         (2) Property used exclusively for educational purposes
  170  shall be deemed owned by an educational institution if the
  171  entity owning 100 percent of the educational institution is
  172  owned by the identical persons who own the property, or if the
  173  entity owning 100 percent of the educational institution and the
  174  entity owning the property are owned by the identical natural
  175  persons.
  176         (a) Land, buildings, and other improvements to real
  177  property used exclusively for educational purposes shall be
  178  deemed owned by an educational institution if the entity owning
  179  100 percent of the land is a nonprofit entity and the land is
  180  used, under a ground lease or other contractual arrangement, by
  181  an educational institution that owns the buildings and other
  182  improvements to the real property, is a nonprofit entity under
  183  s. 501(c)(3) of the Internal Revenue Code, and provides
  184  education limited to students in prekindergarten through grade
  185  8.
  186         (b) If legal title to property is held by a governmental
  187  agency that leases the property to a lessee, the property shall
  188  be deemed to be owned by the governmental agency and used
  189  exclusively for educational purposes if the governmental agency
  190  continues to use such property exclusively for educational
  191  purposes pursuant to a sublease or other contractual agreement
  192  with that lessee.
  193         (c) If the title to land is held by the trustee of an
  194  irrevocable inter vivos trust and if the trust grantor owns 100
  195  percent of the entity that owns an educational institution that
  196  is using the land exclusively for educational purposes, the land
  197  is deemed to be property owned by the educational institution
  198  for purposes of this exemption. Property owned by an educational
  199  institution shall be deemed to be used for an educational
  200  purpose if the institution has taken affirmative steps to
  201  prepare the property for educational use. The term “affirmative
  202  steps” means environmental or land use permitting activities,
  203  creation of architectural plans or schematic drawings, land
  204  clearing or site preparation, construction or renovation
  205  activities, or other similar activities that demonstrate
  206  commitment of the property to an educational use.
  207         Section 4. This act shall take effect July 1, 2014.