Florida Senate - 2018                                    SB 1386
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00902A-18                                          20181386__
    1                        A bill to be entitled                      
    2         An act relating to taxation of real property; creating
    3         s. 193.0237, F.S.; defining terms; prohibiting
    4         separate ad valorem taxes or non-ad valorem
    5         assessments against the land upon which a multiple
    6         parcel building is located; specifying requirements
    7         for property appraisers in allocating the value of
    8         land containing a multiple parcel building among the
    9         parcels; providing that a condominium, timeshare, or
   10         cooperative may be created within a parcel in a
   11         multiple parcel building; specifying the allocation of
   12         land value to the assessed value of parcels containing
   13         condominiums and of parcels containing cooperatives;
   14         requiring each parcel in a multiple parcel building to
   15         be assigned a tax folio number; providing an
   16         exception; providing construction relating to the
   17         survival and enforceability of recorded instrument
   18         provisions affecting a certain parcel in a multiple
   19         parcel building; providing applicability; amending s.
   20         197.572, F.S.; providing that easements for support of
   21         improvements that may be constructed above lands
   22         survive tax sales and deeds of such lands; amending s.
   23         197.573, F.S.; specifying that a provision relating to
   24         the survival and enforceability of restrictions and
   25         covenants after a tax sale applies to recorded
   26         instruments other than deeds; revising covenants that
   27         are excluded from applicability; providing an
   28         effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 193.0237, Florida Statutes, is created
   33  to read:
   34         193.0237 Assessment of multiple parcel buildings.—
   35         (1) As used in this section, the term:
   36         (a) “Multiple parcel building” means a building, other than
   37  a condominium, timeshare, or cooperative, which contains
   38  separate parcels that are vertically located, in whole or in
   39  part, on or over the same land.
   40         (b) “Parcel” means a portion of a multiple parcel building
   41  which is identified in a recorded instrument by a legal
   42  description that is sufficient for record ownership and
   43  conveyance by deed separately from any other portion of the
   44  building.
   45         (c) “Recorded instrument” means a declaration, covenant,
   46  easement, deed, plat, agreement, or other legal instrument,
   47  other than a lease, mortgage, or lien, which describes one or
   48  more parcels in a multiple parcel building and which is recorded
   49  in the public records of the county where the multiple parcel
   50  building is located.
   51         (2) An ad valorem tax or non-ad valorem assessment,
   52  including a tax or assessment imposed by a county, municipality,
   53  special district, or water management district, may not be
   54  separately assessed against the land upon which a multiple
   55  parcel building is located. The value of the land containing a
   56  multiple parcel building, regardless of ownership, may not be
   57  separately assessed by the property appraiser, but must be
   58  allocated among and included in the assessment of all the
   59  parcels in the multiple parcel building.
   60         (3) If a recorded instrument for a multiple parcel building
   61  provides a method for allocating all of the land value to the
   62  assessed values of the parcels in the building, the property
   63  appraiser, for assessment purposes, must allocate the land value
   64  among the parcels as provided in the recorded instrument. If a
   65  land value allocation method is not provided in a recorded
   66  instrument, the property appraiser, for assessment purposes,
   67  must allocate all of the land value among the parcels in a
   68  multiple parcel building in the same proportion that the
   69  assessed value of the improvements in each parcel bears to the
   70  total assessed value of all the improvements in the entire
   71  multiple parcel building.
   72         (4) A condominium, timeshare, or cooperative may be created
   73  within a parcel in a multiple parcel building. Any land value
   74  allocated to the assessed value of a parcel containing a
   75  condominium must be further allocated among the condominium
   76  units in that parcel in the manner required in s. 193.023(5).
   77  Any land value allocated to the assessed value of a parcel
   78  containing a cooperative must be further allocated among the
   79  cooperative units in that parcel in the manner required in s.
   80  719.114.
   81         (5) Each parcel in a multiple parcel building must be
   82  assigned a separate tax folio number. However, if a condominium
   83  or cooperative is created within any such parcel, a separate tax
   84  folio number must be assigned to each condominium unit or
   85  cooperative unit rather than to the parcel in which they were
   86  created.
   87         (6)All provisions of a recorded instrument affecting a
   88  parcel in a multiple parcel building, which parcel has been sold
   89  for taxes or special assessments, survive and are enforceable
   90  after the issuance of a tax deed or master’s deed, or upon
   91  foreclosure of an assessment, a certificate or lien, a tax deed,
   92  a tax certificate, or a tax lien, to the same extent that they
   93  would be enforceable against a voluntary grantee of the title
   94  immediately before the delivery of the tax deed, master’s deed,
   95  or clerk’s certificate of title as provided in s. 197.573.
   96         (7)This section applies to any land on which a multiple
   97  parcel building is substantially completed as of January 1 of
   98  the respective assessment year.
   99         Section 2. Section 193.0237, Florida Statutes, as created
  100  by this act, applies to assessments beginning in the 2019
  101  calendar year.
  102         Section 3. Section 197.572, Florida Statutes, is amended to
  103  read:
  104         197.572 Easements for conservation purposes, or for public
  105  service purposes, support of certain improvements, or for
  106  drainage or ingress and egress survive tax sales and deeds.—When
  107  any lands are sold for the nonpayment of taxes, or any tax
  108  certificate is issued thereon by a governmental unit or agency
  109  or pursuant to any tax lien foreclosure proceeding, the title to
  110  the lands shall continue to be subject to any easement for
  111  conservation purposes as provided in s. 704.06 or for telephone,
  112  telegraph, pipeline, power transmission, or other public service
  113  purpose; and shall continue to be subject to any easement for
  114  support of improvements that may be constructed above the lands,
  115  and for the purposes of drainage or of ingress and egress to and
  116  from other land. The easement and the rights of the owner of it
  117  shall survive and be enforceable after the execution, delivery,
  118  and recording of a tax deed, a master’s deed, or a clerk’s
  119  certificate of title pursuant to foreclosure of a tax deed, tax
  120  certificate, or tax lien, to the same extent as though the land
  121  had been conveyed by voluntary deed. The easement must be
  122  evidenced by written instrument recorded in the office of the
  123  clerk of the circuit court in the county where such land is
  124  located before the recording of such tax deed or master’s deed,
  125  or, if not recorded, an easement for a public service purpose
  126  must be evidenced by wires, poles, or other visible occupation,
  127  an easement for drainage must be evidenced by a waterway, water
  128  bed, or other visible occupation, and an easement for the
  129  purpose of ingress and egress must be evidenced by a road or
  130  other visible occupation to be entitled to the benefit of this
  131  section; however, this shall apply only to tax deeds issued
  132  after the effective date of this act.
  133         Section 4. Subsections (1) and (2) of section 197.573,
  134  Florida Statutes, are amended to read:
  135         197.573 Survival of restrictions and covenants after tax
  136  sale.—
  137         (1) When a deed or other recorded instrument in the chain
  138  of title contains restrictions and covenants running with the
  139  land, as hereinafter defined and limited, the restrictions and
  140  covenants shall survive and be enforceable after the issuance of
  141  a tax deed or master’s deed, or a clerk’s certificate of title
  142  upon foreclosure of a tax deed, tax certificate, or tax lien, to
  143  the same extent that it would be enforceable against a voluntary
  144  grantee of the owner of the title immediately before the
  145  delivery of the tax deed, master’s deed, or clerk’s certificate
  146  of title.
  147         (2) This section applies shall apply to the usual
  148  restrictions and covenants limiting the use of property; the
  149  type, character and location of building; covenants against
  150  nuisances and what the former parties deemed to be undesirable
  151  conditions, in, upon, and about the property; and other similar
  152  restrictions and covenants; but this section does shall not
  153  protect covenants that:
  154         (a) Create creating any debt or lien against or upon the
  155  property, except one providing for satisfaction or survival of a
  156  lien of record held by a municipal or county governmental unit,
  157  or one providing a lien for assessments, accruing after such tax
  158  deed, master’s deed, or clerk’s certificate of title, which are
  159  assessed by a condominium association, homeowners’ association,
  160  property owners’ association, or other person having assessment
  161  powers under such covenants; or
  162         (b) Require requiring the grantee to expend money for any
  163  purpose, except one that may require that the premises be kept
  164  in a sanitary or sightly condition or one to abate nuisances or
  165  undesirable conditions.
  166         Section 5. This act shall take effect upon becoming a law.