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"Ad
valorem tax" means a tax based upon the assessed value of
property. The term "property tax" may be used
interchangeably with the term "ad valorem tax."
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"Ad
valorem tax roll" means the roll prepared by the property
appraiser and certified to the tax collector for collection.
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"Assessed
value of property" means an annual determination of the
just or fair market value of an item or property or the value of the
homestead property as limited pursuant to s. 4(c), Art. VII of the
State Constitution or, if a property is assessed solely on the basis
of character or use or at a specified percentage of its value,
pursuant to s. 4(a) or (b), Art. VII of the State Constitution, its
classified use value or fractional value.
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"County
property appraiser" means the county officer charged with
determining the value of all property within the county, with
maintaining certain records connected therewith, and with
determining the tax on taxable property after taxes have been
levied. He or she shall also be referred to in these statutes as the
"property appraiser" or "appraiser."
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"County
tax collector" means the county officer charged with the
collection of ad valorem taxes levied by the county, the school
board, any special taxing districts within the county, and all
municipalities within the county.
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"Couple"
means a husband and wife legally married under the laws of any state
or territorial possession of the
United States
or of any foreign country.
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"Department"
means the Department of Revenue.
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"Enterprise
zone" means an area designated as an enterprise zone
pursuant to s. 290.0065. This subsection shall stand repealed on
December 31, 2005
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"Extend
on the tax roll" means the arithmetic computation whereby
the millage is converted to a decimal number representing one
one-thousandth of a dollar and then multiplied by the taxable value
of the property to determine the tax on such property.
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"Exempt
use of property" or "use of property for exempt
purposes" means predominant or exclusive use of property owned
by an exempt entity for educational, literary, scientific,
religious, charitable, or governmental purposes, as defined in this
chapter.
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"Fee
timeshare real property" means the land and buildings and
other improvements to land that are subject to timeshare interests
which are sold as a fee interest in real property.
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"Governing
body" means any board, commission, council, or individual
acting as the executive head of a unit of local government.
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"Homestead"
means that property described in s. 6(a), Art. VII of the State
Constitution.
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"Levy"
means the imposition of a tax, stated in terms of
"millage," against all appropriately located property by a
governmental body authorized by law to impose ad valorem taxes.
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"Mill"
means one one-thousandth of a
United States
dollar.
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"Millage"
may apply to a single levy of taxes or to the cumulative of all
levies.
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"Non-ad
valorem assessment roll" means a roll prepared by a local
government and certified to the tax collector for collection.
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"Permanent
resident" means a person who has established a permanent
residence as defined in subsection (18).
Not a resident alien.
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"Permanent
residence" means that place where a person has his or her
true, fixed, and permanent home and principal establishment to
which, whenever absent, he or she has the intention of returning. A
person may have only one permanent residence at a time; and, once a
permanent residence is established in a foreign state or country, it
is presumed to continue until the person shows that a change has
occurred.
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"Personal
property," for the purposes of ad valorem taxation, shall
be divided into four categories as follows:
(a)
"Household goods" means wearing apparel, furniture,
appliances, and other items ordinarily found in the home and used
for the comfort of the owner and his or her family. Household goods
are not held for commercial purposes or resale.
(b)
"Intangible personal property" means money, all
evidences of debt owed to the taxpayer, all evidences of ownership
in a corporation or other business organization having multiple
owners, and all other forms of property where value is based upon
that which the property represents rather than its own intrinsic
value.
(c)
"Inventory" means only those chattels consisting of
items commonly referred to as goods, wares, and merchandise (as well
as inventory) which are held for sale or lease to customers in the
ordinary course of business. Supplies and raw materials shall be
considered to be inventory only to the extent that they are acquired
for sale or lease to customers in the ordinary course of business or
will physically become a part of merchandise intended for sale or
lease to customers in the ordinary course of business. Partially
finished products which when completed will be held for sale or
lease to customers in the ordinary course of business shall be
deemed items of inventory. All livestock shall be considered
inventory. Items of inventory held for lease to customers in the
ordinary course of business, rather than for sale, shall be deemed
inventory only prior to the initial lease of such items. For the
purposes of this section, fuels used in the production of
electricity shall be considered inventory.
(d)
"Tangible personal property" means all goods,
chattels, and other articles of value (but does not include the
vehicular items enumerated in s. 1(b), Art. VII of the State
Constitution and elsewhere defined) capable of manual possession and
whose chief value is intrinsic to the article itself.
"Construction work in progress" consists of those items of
tangible personal property commonly known as fixtures, machinery,
and equipment when in the process of being installed in new or
expanded improvements to real property and whose value is materially
enhanced upon connection or use with a preexisting, taxable,
operational system or facility. Construction work in progress shall
be deemed substantially completed when connected with the
preexisting, taxable, operational system or facility. Inventory and
"Predominant use of property" means use of property for
exempt purposes in excess of 50 percent but less than exclusive
household goods are expressly excluded from this definition.
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"Predominant
use of property" means use of property for exempt purposes
in excess of 50 percent but less than exclusive.
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"Procedure"
The property appraiser is the elected constitutional officer
responsible for determining and listing the value of all property in
each county. All questions of assessment are initially determined by
him. If a property owner objects to a proposed assessment, the owner
may appeal to the Value Adjustment Board (VAB) for that county. The
Board consists of three members of the county commission and two
members of the school board. The Board members may choose to employ
special masters to conduct the VAB hearing for them. The Department
of Revenue, Ad Valorem Tax Division, assesses the property of
railroad and private car line companies and certifies the assessed
values to the counties.
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"Real
estate used and owned as a homestead" means real property
to the extent provided in s. 6(a), Art. VII of the State
Constitution, but less any portion thereof used for commercial
purposes, with the title of such property being recorded in the
official records of the county in which the property is located.
Property rented for more than 6 months is presumed to be used for
commercial purposes.
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"Real
property" means land, buildings, fixtures, and all other
improvements to land. The terms "land," "real
estate," "realty," and "real property" may
be used interchangeably. Real property includes all other permanent
improvements on the land and is broadly classified, based on land
use, as follows:
a.
Single family and multi-family residential, condominiums,
cooperatives, townhouses, time-share developments and mobile homes;
Vacant residential and unimproved acreage; Commercial/Industrial,
vacant or improved; and, Agricultural.
b.
By July 1 of each year, the property appraiser must report the just
value of all real property in the county as of January 1. Factors to
be considered in determining just value are: present cash value;
use; location; quantity or size; cost; replacement value of
improvements; condition; income from property; and net proceeds if
the property is sold.
c.
The tax due for each parcel is calculated by multiplying the taxable
value by the tax rate (millage) levied by the taxing authorities
within that county. The proposed tax bill is mailed to the taxpayer,
usually in August or September. Any timely appeal of the tax
assessment shall be made against this notice. The actual tax bill is
mailed to the taxpayer, usually by November 1. The payment must be
made to the tax collector by April 1 of the following year. There
are discounts for early payment and penalties for delinquency.
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"Taxable
value" means the assessed value of property minus the
amount of any applicable exemption provided under s. 3 or s. 6, Art.
VII of the State Constitution and chapter 196.
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"Tax
certificate" means a legal document, representing unpaid
delinquent real property taxes, non-ad valorem assessments,
including special assessments, interest, and related costs and
charges, issued in accordance with this chapter against a specific
parcel of real property and becoming a first lien thereon, superior
to all other liens, except as provided by s. 197.573(2).
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"Tax
notice" means the tax bill sent to taxpayers for payment of
any taxes or special assessments collected pursuant to this chapter,
or the bill sent to taxpayers for payment of the total of ad valorem
taxes and non-ad valorem assessments collected pursuant to s.
197.3632.
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"Tax
rate (millage)" is set by the taxing authority for the
governmental unit within which the property is located. The Florida
Constitution directly authorized counties, school districts, and
municipalities to levy ad valorem taxes. It also provides that
special districts may be created and authorized by law to levy ad
valorem taxes.
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The
total tax rate is the combined tax rates (millage) of all taxing
authorities having jurisdiction over property in the county. That
part of the rate for general county operations and maintenance is
constitutionally limited to a maximum of ten mills and is set by the
county commissioners. The remainder of the county tax rate consists
of various referendum-approved debt service millage for bonds and
millage required by state law. Also, school districts and
municipalities are limited to a maximum of ten mills for operations
and maintenance. The Florida Constitution provides that no state ad
valorem tax will be levied. However, each year the legislature
prescribes a required local millage for each school district to
provide revenue for the Florida Education Finance Program. Each
special district tax rate is levied by the district taxing authority
against the property lying within the special district itself. Such
districts include hospital, drainage, and lighting districts.
Special districts are usually less than county-wide; some districts,
such as the water management districts, may cover several counties.
Each tax bill consists of the total of all millage applicable to the
particular property. The tax bill also includes the related taxes
due for all the taxing authorities having jurisdiction over the
property.
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"Tax
receipt" means the paid tax notice.
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"Tax
rolls" and "assessment rolls" are
synonymous and mean the rolls prepared by the property appraiser
pursuant to chapter 193 and certified pursuant to s. 193.122.
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"Taxpayer"
means the person or other legal entity in whose name property is
assessed, including an agent of a timeshare period titleholder.
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"Timeshare
period titleholder" means the purchaser of a timeshare
period sold as a fee interest in real property, whether organized
under chapter 718 or chapter 721.
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"Totally
and permanently disabled person" means a person who is
currently certified by two licensed physicians of this state who are
professionally unrelated, by the United States Department of
Veterans Affairs or its predecessor, or by the Social Security
Administration, to be totally and permanently disabled.
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"Use"
means the exercise of any right or power over real or personal
property incident to the ownership of the property.
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