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TAX
DEFINITIONS
| "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." |
| "Ad valorem
tax roll" means
the roll prepared by
the property
appraiser and
certified to the tax
collector for
collection. |
| "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. |
| "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.
|
| "Department"
means the Department
of Revenue. |
| "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stand repealed on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.
|
| "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. |
| "Governing
body" means any
board, commission,
council, or
individual acting as
the executive head
of a unit of local
government. |
| "Homestead"
means that property
described in s.
6(a), Art. VII of
the State
Constitution. |
| "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. |
| "Mill"
means one
one-thousandth of a
United States
dollar. |
| "Millage"
may apply to a
single levy of taxes
or to the cumulative
of all levies. |
| "Non-ad
valorem assessment
roll" means a
roll prepared by a
local government and
certified to the tax
collector for
collection. |
| "Permanent
resident" means
a person who has
established a
permanent residence
as defined in
subsection (18).
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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. |
"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. |
| "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,
condominia,
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. |
| "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). |
| "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. |
| The total tax
rate is the combined
tax rates (millage's)
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. |
| "Tax receipt"
means the paid tax
notice. |
| "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. |
| "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. |
| "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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