Florida Regulations 12D-3.003: Assessment and Taxation of Interests of Non-governmental Lessees in Governmentally Owned Property Which are Subject to Ad Valorem Taxation
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(1) Interests described in subsection 12D-3.002(1), F.A.C., shall be assessed and taxed on the appropriate ad valorem tax rolls of the county where located.
(2) Interests described in subsections 12D-3.002(2) and (3), F.A.C., are deemed to be owned by the lessee and shall be assessed and taxed on the appropriate ad valorem tax rolls of the county where located.
(3) Interests described in subsection 12D-3.002(4), F.A.C., upon which rental payments are due pursuant to the agreement creating said interest, shall be taxed as intangible personal property pursuant to Florida Statutes § 199.032 (2005). Nominal payments shall be deemed rental payments for purposes of determining the method of taxation but not for determining valuation of the interest.
(4) Interests described in subsection 12D-3.002(4), F.A.C., upon which no rental payments are due pursuant to the agreement creating such interest, shall be assessed on the tax rolls of the county where located and shall be taxed as real property.
Rulemaking Authority Florida Statutes § 195.027(1), 213.06(1) FS. Law Implemented s. 9. Chapter 2006-312, L.O.F., 196.001, 196.199, 199.023 (2005), 199.032 (2005) FS. History-New 12-31-80, Formerly 12D-3.03, Amended 10-2-07.
Terms Used In Florida Regulations 12D-3.003
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(3) Interests described in subsection 12D-3.002(4), F.A.C., upon which rental payments are due pursuant to the agreement creating said interest, shall be taxed as intangible personal property pursuant to Florida Statutes § 199.032 (2005). Nominal payments shall be deemed rental payments for purposes of determining the method of taxation but not for determining valuation of the interest.
(4) Interests described in subsection 12D-3.002(4), F.A.C., upon which no rental payments are due pursuant to the agreement creating such interest, shall be assessed on the tax rolls of the county where located and shall be taxed as real property.
Rulemaking Authority Florida Statutes § 195.027(1), 213.06(1) FS. Law Implemented s. 9. Chapter 2006-312, L.O.F., 196.001, 196.199, 199.023 (2005), 199.032 (2005) FS. History-New 12-31-80, Formerly 12D-3.03, Amended 10-2-07.