Florida Senate - 2019 SB 1586
By Senator Gruters
23-00915B-19 20191586__
1 A bill to be entitled
2 An act relating to a tax exemption for use of real
3 property; amending s. 212.031, F.S.; providing an
4 exemption, under certain circumstances, from the sales
5 tax on commercial real property rentals; providing for
6 proration of the exemption for certain real property;
7 specifying the determination of annual adjustments to
8 a just value threshold under the exemption; providing
9 an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (10) is added to section 212.031,
14 Florida Statutes, to read:
15 212.031 Tax on rental or license fee for use of real
16 property.—
17 (10)(a) The rental, lease, or license for the use of real
18 property is exempt from the tax imposed by this section if:
19 1. The property owner and the person who is renting,
20 leasing, or licensing the real property are separate legal
21 entities with 100 percent common ownership; and
22 2. The just value of the real property, as determined by
23 the property appraiser under chapter 193, is no more than $1
24 million in the 2020 tax roll, and for each successive tax roll,
25 the adjusted value as determined in paragraph (c).
26 (b) If the real property being rented, leased, or licensed
27 is not a discrete parcel or unit on the tax roll, for purposes
28 of this subsection, the just value of the rented, leased, or
29 licensed real property shall be a value reasonably prorated from
30 the just value of the parcel of real property on the tax roll of
31 which the rented, leased, or licensed real property is a part.
32 Such proration must reflect a reasonable market value of the
33 rented, leased, or licensed real property and may be based on
34 square footage and other relevant information as may be
35 available.
36 (c) For purposes of paragraph (a), beginning January 1,
37 2021, and every year thereafter, the $1 million threshold shall
38 be adjusted by the percentage change in the average of the
39 Consumer Price Index issued by the United States Department of
40 Labor for the most recent 12-month period ending September 30.
41 Section 2. This act shall take effect July 1, 2019.