193.085 Listing all property. ---
(1) The property appraiser shall ensure that all real property
within his or her county is listed and valued on the real property assessment
roll. Streets, roads, and highways which have been dedicated to or otherwise
acquired by a municipality, county, or state agency need not, but may, be
listed.
(2) The department shall promulgate such regulations and shall
make available maps and mapping materials as it deems necessary to ensure that
all real property within the state is listed and valued on the real property
assessment rolls of the respective counties. In addition, individual property
appraisers may use such other maps and materials as they deem expedient to
accomplish the purpose of this section.
(3)
(a) The department will coordinate with all other departments of
state government to ensure that the several property appraisers are properly
notified annually of state ownership of real property. The department shall
promulgate regulations to ensure that all forms of local government, special
taxing districts, multicounty districts, and municipalities properly notify
annually the several property appraisers of any and all real property owned by
any of them so that ownership of all such property will be properly
listed.
(b) Whenever real property is listed on the real property assessment
rolls of the respective counties in the name of the State of Florida or any of
its agencies, the listing shall not be changed in the absence of a recorded
deed executed by the State of Florida or the state agency in whose name the
property is listed. If, in preparing the assessment rolls, the several
property appraisers within the state become aware of the existence of a
recorded deed not executed by the state and purporting to convey real property
listed on the assessment rolls as state-owned, the property appraiser shall
immediately forward a copy of the recorded deed to the state agency in whose
name the property is listed.
(4) The department shall promulgate such rules as are necessary
to ensure that all railroad property of all types is properly listed in the
appropriate county and shall submit the county railroad property assessments
to the respective county property appraisers not later than June 1 in each
year. However, in those counties in which railroad assessments are not
completed by the department by June 1, for millage certification purposes, the
property appraiser may utilize the prior year's values for such property.
(a) All railroad and railroad terminal companies maintaining tracks
or other fixed assets in the state and subject to assessment under the
unit-rule method of valuation shall make an annual return to the Department of
Revenue. Such returns shall be filed on or before April 1 and shall be
subject to the penalties provided in s. 193.072. The department shall make an
annual assessment of all operating property of every description owned by or
leased to such companies. Such assessment shall be apportioned to each
county, based upon actual situs and, in the case of property not having situs
in a particular county, shall be apportioned based upon track miles. Operating
property shall include all property owned or leased to such company, including
right-of-way presently in use by the company, track, switches, bridges,
rolling stock, and other property directly related to the operation of the
railroad. Nonoperating property shall include that portion of office
buildings not used for operating purposes, property owned but not directly
used for the operation of the railroad, and any other property that is not
used for operating purposes. The department shall promulgate rules necessary
to ensure that all operating property is properly valued, apportioned, and
returned to the appropriate county, including rules governing the form and
content of returns. The evaluation and assessment of utility property shall
be the duty of the property appraiser.
(b)
1. All private car and freight line and equipment companies
operating rolling stock in Florida shall make an annual return to the
Department of Revenue. The department shall make an annual determination of
the average number of cars habitually present in Florida for each company and
shall assess the just value thereof.
2. The department shall promulgate rules respecting the methods of
determining the average number of cars habitually present in Florida, the form
and content of returns, and such other rules as are necessary to ensure that
the property of such companies is properly returned, valued, and apportioned
to the state.
3. For purposes of this paragraph, "operating rolling stock in
Florida" means having ownership of rolling stock which enters Florida.
4. The department shall apportion the assessed value of such
property to the local taxing jurisdiction based upon the number of track miles
and the location of mainline track of the respective railroads over which the
rolling stock has been operated in the preceding year in each taxing
jurisdiction. The situs for taxation of such property shall be according to
the apportionment.
(c) The values determined by the department pursuant to this
subsection shall be certified to the property appraisers when such values have
been finalized by the department. Prior to finalizing the values to be
certified to the property appraisers, the department shall provide an affected
taxpayer a notice of a proposed assessment and an opportunity for informal
conference before the executive director's designee. A property appraiser
shall certify to the tax collector for collection the value as certified by
the Department of Revenue.
(d) Returns and information from returns required to be made pursuant
to this subsection may be shared pursuant to any formal agreement for the
mutual exchange of information with another state.
(e) In any action challenging final assessed values certified by the
department under this subsection, venue is in Leon County.
(5) Beginning in the year in which a notice of expansion is
accepted and certified pursuant to s. 193.076 and for the 7 years immediately
thereafter, the property appraiser shall separately assess the prior existing
property and the expansion-related property of each business having submitted
said notice pursuant to s. 220.18(4). The listing of expansion-related
property on an assessment roll shall immediately follow the listing of prior
existing property for each expanded business. However, beginning with the
first assessment roll following receipt of a notice from the department that a
business has been disallowed a gasohol development tax incentive credit as an
expanded business, the property appraiser shall singly list the property of
such business.
(6)
(a) Beginning in the year in which a notice of new, rebuilt, or
expanded property is accepted and certified pursuant to s. 193.077 and for the
4 years immediately thereafter, the property appraiser shall separately assess
the prior existing property and the expansion-related or rebuilt property, if
any, of each business having submitted said notice pursuant to s. 220.182(4).
The listing of expansion-related or rebuilt property on an assessment roll
shall immediately follow the listing of prior existing property for each
expanded business. However, beginning with the first assessment roll following
receipt of a notice from the department that a business has been disallowed an
enterprise zone property tax credit, the property appraiser shall singly list
the property of such business.
(b) The provisions of this subsection shall expire and be void on
June 30, 2005.
History: s. 14, ch. 70-243; s. 2, ch. 73-228; s. 2, ch. 74-234; s. 1, ch. 77-102;
s. 1, ch. 77-174; s. 2, ch. 78-269; s. 11, ch. 79-334; s. 9, ch. 80-77; ss. 5,
10, ch. 80-248; s. 26, ch. 84-356; s. 6, ch. 89-174; s. 2, ch. 91-295; s. 64,
ch. 94-136; s. 31, ch. 94-353; s. 1465, ch. 95-147.
Note. Consolidation of provisions of former ss. 193.051,
193.061, 193.071, 193.113, 193.131, 193.272, 193.281.