(1) Each tangible personal property tax return is eligible for an exemption from ad valorem taxation of up to $25,000 of assessed value. A single return must be filed for each site in the county where the owner of tangible personal property transacts business. Owners of freestanding property placed at multiple sites, other than sites where the owner transacts business, must file a single return, including all such property located in the county. Freestanding property placed at multiple sites includes vending and amusement machines, LP/propane tanks, utility and cable company property, billboards, leased equipment, and similar property that is not customarily located in the offices, stores, or plants of the owner, but is placed throughout the county. Railroads, private carriers, and other companies assessed pursuant to s. 193.085 shall be allowed one $25,000 exemption for each county to which the value of their property is allocated. The $25,000 exemption for freestanding property placed at multiple locations and for centrally assessed property shall be allocated to each taxing authority based on the proportion of just value of such property located in the taxing authority; however, the amount of the exemption allocated to each taxing authority may not change following the extension of the tax roll pursuant to s. 193.122.
(2) For purposes of this section, a “site where the owner of tangible personal property transacts business” includes facilities where the business ships or receives goods, employees of the business are located, goods or equipment of the business are stored, or goods or services of the business are produced, manufactured, or developed, or similar facilities located in offices, stores, warehouses, plants, or other locations of the business. Sites where only the freestanding property of the owner is located shall not be considered sites where the owner of tangible personal property transacts business.
(3) The requirement that an annual tangible personal property tax return pursuant to s. 193.052 be filed for taxpayers owning taxable property the value of which, as listed on the return, does not exceed the exemption provided in this section is waived. In order to qualify for this waiver, a taxpayer must file an initial return on which the exemption is taken. If, in subsequent years, the taxpayer owns taxable property the value of which, as listed on the return, exceeds the exemption, the taxpayer is obligated to file a return. The taxpayer may again qualify for the waiver only after filing a return on which the value as listed on the return does not exceed the exemption. A return filed or required to be filed shall be considered an application filed or required to be filed for the exemption under this section.
(4) Owners of property previously assessed by the property appraiser without a return being filed may, at the option of the property appraiser, qualify for the exemption under this section without filing an initial return.
(5) The exemption provided in this section does not apply in any year a taxpayer fails to timely file a return that is not waived pursuant to subsection (3) or subsection (4). Any taxpayer who received a waiver pursuant to subsection (3) or subsection (4) and who owns taxable property the value of which, as listed on the return, exceeds the exemption in a subsequent year and who fails to file a return with the property appraiser is subject to the penalty contained in s. 193.072(1)(a) calculated without the benefit of the exemption pursuant to this section. Any taxpayer claiming more exemptions than allowed pursuant to subsection (1) is subject to the taxes exempted as a result of wrongfully claiming the additional exemptions plus 15 percent interest per annum and a penalty of 50 percent of the taxes exempted. By February 1 of each year, the property appraiser shall notify by mail all taxpayers whose requirement for filing an annual tangible personal property tax return was waived in the previous year. The notification shall state that a return must be filed if the value of the taxpayer’s tangible personal property exceeds the exemption and include the penalties for failure to file such a return.
(6) The exemption provided in this section does not apply to a mobile home that is presumed to be tangible personal property pursuant to s. 193.075(2).
History.—s. 8, ch. 2007-339; s. 9, ch. 2008-173.
Structure Florida Statutes
Title XIV - Taxation and Finance
196.001 - Property Subject to Taxation.
196.011 - Annual Application Required for Exemption.
196.015 - Permanent Residency; Factual Determination by Property Appraiser.
196.021 - Tax Returns to Show All Exemptions and Claims.
196.031 - Exemption of Homesteads.
196.041 - Extent of Homestead Exemptions.
196.061 - Rental of Homestead to Constitute Abandonment.
196.071 - Homestead Exemptions; Claims by Members of Armed Forces.
196.075 - Additional Homestead Exemption for Persons 65 and Older.
196.082 - Discounts for Disabled Veterans; Surviving Spouse Carryover.
196.091 - Exemption for Disabled Veterans Confined to Wheelchairs.
196.095 - Exemption for a Licensed Child Care Facility Operating in an Enterprise Zone.
196.101 - Exemption for Totally and Permanently Disabled Persons.
196.121 - Homestead Exemptions; Forms.
196.131 - Homestead Exemptions; Claims.
196.141 - Homestead Exemptions; Duty of Property Appraiser.
196.151 - Homestead Exemptions; Approval, Refusal, Hearings.
196.171 - Homestead Exemptions; City Officials.
196.173 - Exemption for Deployed Servicemembers.
196.181 - Exemption of Household Goods and Personal Effects.
196.182 - Exemption of Renewable Energy Source Devices.
196.183 - Exemption for Tangible Personal Property.
196.185 - Exemption of Inventory.
196.192 - Exemptions From Ad Valorem Taxation.
196.193 - Exemption Applications; Review by Property Appraiser.
196.194 - Value Adjustment Board; Notice; Hearings; Appearance Before the Board.
196.195 - Determining Profit or Nonprofit Status of Applicant.
196.1961 - Exemption for Historic Property Used for Certain Commercial or Nonprofit Purposes.
196.1975 - Exemption for Property Used by Nonprofit Homes for the Aged.
196.1976 - Provisions of Ss. 196.197(1) or (2) and 196.1975; Severability.
196.1977 - Exemption for Property Used by Proprietary Continuing Care Facilities.
196.1978 - Affordable Housing Property Exemption.
196.198 - Educational Property Exemption.
196.1983 - Charter School Exemption From Ad Valorem Taxes.
196.1985 - Labor Organization Property Exemption.
196.1986 - Community Centers Exemption.
196.1987 - Biblical History Display Property Exemption.
196.199 - Government Property Exemption.
196.1993 - Certain Agreements With Local Governments for Use of Public Property; Exemption.
196.1995 - Economic Development Ad Valorem Tax Exemption.
196.1996 - Economic Development Ad Valorem Tax Exemption; Effect of Ch. 94-136.
196.1997 - Ad Valorem Tax Exemptions for Historic Properties.
196.1998 - Additional Ad Valorem Tax Exemptions for Historic Properties Open to the Public.
196.1999 - Space Laboratories and Carriers; Exemption.
196.2001 - Not-for-Profit Sewer and Water Company Property Exemption.
196.2002 - Exemption for S. 501(c)(12) Not-for-Profit Water and Wastewater Systems.
196.202 - Property of Widows, Widowers, Blind Persons, and Persons Totally and Permanently Disabled.
196.24 - Exemption for Disabled Ex-Servicemember or Surviving Spouse; Evidence of Disability.
196.26 - Exemption for Real Property Dedicated in Perpetuity for Conservation Purposes.
196.28 - Cancellation of Delinquent Taxes Upon Lands Used for Road Purposes, Etc.
196.31 - Taxes Against State Properties; Notice.
196.32 - Executive Office of the Governor; Consent Required to Certain Assessments.