Selby Gardens-Inspired Tax Bill Moves In Senate

Todays News

Legislation sponsored by Sen. Joe Gruters, R-Sarasota, moved through committee on Wednesday that could change how nonprofits get assessed property taxes. The bill makes its way through Tallahassee following a high-profile disagreement between Sarasota County and Marie Selby Botanical Gardens.

The bill would allow institutions to retain property tax exemptions available to charitable, religious, scientific, educational, or literary organizations, but also set up provisions so if there’s an incidental private sector effort on a property, taxes could be assessed on just that use.

“The bill will allow nonprofits to focus on what they do best, and it will clarify existing law and help preserve and protect nonprofits preventing loss of a property tax exemption,” he said.

The legislation was filed after a local disagreement where Sarasota County Property Appraiser Bill Furst sought to strip Selby Gardens of its tax-exempt status over a for-profit restaurant managed by Michael’s On East on its property.

The Property Appraisers' Association of Florida expressed misgivings about Gruters’ legislation and said disputes would best be left to the courts to settle. Regardless, the Senate Community Affairs Committee unanimously advanced Senate Bill 1214, which now will be heard by the Senate Finance and Tax Committee. Companion legislation filed by Rep. David Borrero, R-Sweetwater, is awaiting its first committee hearing in the House.

While Gruters said his legislation isn’t retroactive and will leave the immediate dispute between institutions to local boards and courts, it will make clear that in the future Selby Gardens can retain its exempt status while the county can still levy taxes only for the incidental use.

“Bill Furst is doing his job, which is fine and that will be resolved,” Gruters said. “I just want to help all other nonprofits in the future.” The legislation, if passed and signed into law, would set up what Gruters views as a fair solution that applies to 94,000 nonprofits in the state.

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