Florida Statutes
Chapter 196 - Exemption
196.195 - Determining Profit or Nonprofit Status of Applicant.


(1) Applicants requesting exemption shall supply such fiscal and other records showing in reasonable detail the financial condition, record of operation, and exempt and nonexempt uses of the property, where appropriate, for the immediately preceding fiscal year as are requested by the property appraiser or the value adjustment board.
(2) In determining whether an applicant for a religious, literary, scientific, or charitable exemption under this chapter is a nonprofit or profitmaking venture or whether the property is used for a profitmaking purpose, the following criteria shall be applied:
(a) The reasonableness of any advances or payment directly or indirectly by way of salary, fee, loan, gift, bonus, gratuity, drawing account, commission, or otherwise (except for reimbursements of advances for reasonable out-of-pocket expenses incurred on behalf of the applicant) to any person, company, or other entity directly or indirectly controlled by the applicant or any officer, director, trustee, member, or stockholder of the applicant;
(b) The reasonableness of any guaranty of a loan to, or an obligation of, any officer, director, trustee, member, or stockholder of the applicant or any entity directly or indirectly controlled by such person, or which pays any compensation to its officers, directors, trustees, members, or stockholders for services rendered to or on behalf of the applicant;
(c) The reasonableness of any contractual arrangement by the applicant or any officer, director, trustee, member, or stockholder of the applicant regarding rendition of services, the provision of goods or supplies, the management of the applicant, the construction or renovation of the property of the applicant, the procurement of the real, personal, or intangible property of the applicant, or other similar financial interest in the affairs of the applicant;
(d) The reasonableness of payments made for salaries for the operation of the applicant or for services, supplies and materials used by the applicant, reserves for repair, replacement, and depreciation of the property of the applicant, payment of mortgages, liens, and encumbrances upon the property of the applicant, or other purposes; and
(e) The reasonableness of charges made by the applicant for any services rendered by it in relation to the value of those services, and, if such charges exceed the value of the services rendered, whether the excess is used to pay maintenance and operational expenses in furthering its exempt purpose or to provide services to persons unable to pay for the services.

(3) Each applicant must affirmatively show that no part of the subject property, or the proceeds of the sale, lease, or other disposition thereof, will inure to the benefit of its members, directors, or officers or any person or firm operating for profit or for a nonexempt purpose.
(4) No application for exemption may be granted for religious, literary, scientific, or charitable use of property until the applicant has been found by the property appraiser or, upon appeal, by the value adjustment board to be nonprofit as defined in this section.
History.—s. 7, ch. 71-133; s. 17, ch. 76-133; s. 159, ch. 91-112; s. 2, ch. 91-196; s. 3, ch. 97-294; s. 2, ch. 98-289; s. 3, ch. 2000-228.

Structure Florida Statutes

Florida Statutes

Title XIV - Taxation and Finance

Chapter 196 - Exemption

196.001 - Property Subject to Taxation.

196.002 - Legislative Intent.

196.011 - Annual Application Required for Exemption.

196.012 - Definitions.

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.

196.077 - Additional Homestead Exemption for Classroom Teachers, Law Enforcement Officers, Firefighters, Emergency Medical Technicians, Paramedics, Child Welfare Professionals, and Servicemembers.

196.081 - Exemption for Certain Permanently and Totally Disabled Veterans and for Surviving Spouses of Veterans; Exemption for Surviving Spouses of First Responders Who Die in the Line of Duty.

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.

196.102 - Exemption for Certain Totally and Permanently Disabled First Responders; Surviving Spouse Carryover.

196.111 - Property Appraisers May Notify Persons Entitled to Homestead Exemption; Publication of Notice; Costs.

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.

196.161 - Homestead Exemptions; Lien Imposed on Property of Person Claiming Exemption Although Not a Permanent Resident.

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.

196.196 - Determining Whether Property Is Entitled to Charitable, Religious, Scientific, or Literary Exemption.

196.1961 - Exemption for Historic Property Used for Certain Commercial or Nonprofit Purposes.

196.197 - Additional Provisions for Exempting Property Used by Hospitals, Nursing Homes, and Homes for Special Services.

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.

196.29 - Cancellation of Certain Taxes on Real Property Acquired by a County, School Board, Charter School Governing Board, or Community College District Board of Trustees.

196.295 - Property Transferred to Exempt Governmental Unit; Tax Payment Into Escrow; Taxes Due From Prior Years.

196.31 - Taxes Against State Properties; Notice.

196.32 - Executive Office of the Governor; Consent Required to Certain Assessments.