§ 2-29-304. Procedures for granting tax exemptions for historic property.  


Latest version.
  • (a)

    Any person, firm, or corporation that desires an ad valorem tax exemption for a historic property under this article must file an application on a form prescribed by the department with the board of county commissioners in the year the exemption is desired to take effect. The application must include the following information:

    (1)

    The name of the property owner and the location of the historic property;

    (2)

    A description of the improvements to real property for which an exemption is requested and the date of commencement of construction of such improvements;

    (3)

    Proof, to the satisfaction of the historic preservation board, that the property to be rehabilitated or renovated is a historic property under this article;

    (4)

    Proof, to the satisfaction of the historic preservation board, that the improvements to the property will be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, codified at 36 C.F.R. part 67, and will be made in accordance with guidelines developed by the department; and

    (5)

    Other information deemed necessary by the department.

    (b)

    The board of county commissioners shall deliver a copy of each application for a historic preservation ad valorem tax exemption to the property appraiser of the county. Upon certification of the assessment roll, or recertification, if applicable, pursuant to Section 193.122, Florida Statutes, for each fiscal year during which this ordinance is in effect, the property appraiser shall report the following information to the board of county commissioners:

    (1)

    The total taxable value of all property within the county for the current fiscal year; and

    (2)

    The total exempted value of all property in the county which has been approved to receive historic preservation ad valorem tax exemption for the current fiscal year.

    (c)

    The historic preservation board shall review applications for tax exemptions for historic property and recommend that the board of county commissioners grant or deny the application. The historic preservation board's review must be conducted in accordance with rules adopted by the department. The recommendation, and the reasons therefore, must be provided to the applicant and to the board of county commissioners before consideration of the application at an official meeting of the board of county commissioners.

    (d)

    A majority vote of the board of county commissioners of the county shall be required to approve a written application for an ad valorem tax exemption for historic property. If approved, the exemption shall take effect on the January 1 following substantial completion of the improvement. The board of county commissioners shall include the following in the resolution approving the written application for exemption:

    (1)

    The name of the owner and the address of the historic property for which the exemption is granted;

    (2)

    The period of time for which the exemption will remain in effect and the expiration date of the exemption; and

    (3)

    A finding that the historic property meets the requirements of this article.

    (e)

    To qualify for an ad valorem tax exemption under this article, the property owner must enter into a covenant or agreement with the board of county commissioners for the term for which the exemption is granted.

    (1)

    The form of the covenant or agreement must be established by the department and must require that the character of the property, and the qualifying improvements to the property be maintained during the period that the exemption is granted.

    (2)

    The covenant or agreement shall be executed with the formality of a deed and recorded in the official records of the county, and shall be binding on the current property owner, transferees, and their heirs, successors, or assigns.

    (3)

    A violation of the covenant or agreement shall result in the property owner being subject to the payment of the difference between the total amount of taxes which would have been due in March in each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Section 212.12(3), Florida Statutes.

(Ord. No. 16-30 , § 1, 9-19-16)