Posted Friday, April 23, 2010
In 2008 an overwhelming majority of Florida voters voted for Amendment 6 to the Florida Constitution which would end the overtaxing of marinas, boatyards and other marine facilities by county governments. Before the amendment, counties levied property taxes on these marine facilities according to the highest and best use of the land, not according to its actual use. This means that every year marina and boatyard owners faced increasingly unfair and expensive property tax bills. For Florida's approximately 1,000,000 boat owners this policy not only made water access more expensive every year, it also threatened to put marine businesses out of business, and thereby decreasing water access.
"“Florida cannot afford to lose any more access, and its marine industry, which contributes $18 billion to the state’s economy and provides 220,000 jobs. Unlike other businesses, these operations cannot relocate. It’s ironic that a state known for its world-class recreational boating could have such a self-defeating measure in its tax code,” stated Margaret Podlich, BoatUS Vice President of Government Affairs, in an October 2008 news release from the organization.
The passing of Amendment 6 was a victory for boaters and the marine industry, however many Floridians think that after the votes were cast, the work was done. What was left to be determined was how Amendment 6 is to be implemented, and that is what is being currently debated in the Florida Legislature this week in two similar bills: House Bill 7127 and Senate Bill 346.
"Without any bill the counties can continue to tax at the highest use," explained Podlich in a phone interview on Friday.
However, according to BoatUS (who launched a tremendous grass-roots campaign to get Amendment 6 passed), the two bills are NOT the same and a similar grass-roots effort is needed to defeat House Bill 7127, and to help pass Senate Bill 346. According to the email, "[House Bill 7127] will destroy two years of efforts to give boat yards and marinas an equitable tax assessment so they can afford to stay in business and provide the water access so badly needed by boaters. This bill expands tax relief to larger businesses and ports that were not the original intent of the constitutional amendment. If passed, this expansion may leave the new law open for a long court challenge. This means marinas and boat yards may still be taxed at the highest possible property tax rate for years and boaters will incur higher prices for slips and services." To read the bill click here: House Bill 7127.
The last thing the Florida marine industry and boating public need is to wait years for the outcome of a long court battle. On the other hand, Senate Bill 346 "fully implements 2008 Constitutional Amendment 6 and is supported by all marine interests," according to the BoatUS email. To read the bill click here: Senate Bill 346
"Counties need better guidance on how they tax marinas, and marinas need more predictability in the amount of their taxes," added Podlich. Senate Bill 346 will provide both outcomes in the most timely fashion.
BoatUS is urging all BoatUS members and Florida boaters to contact their representatives in the Legislature and communicate this message:
Then click "Find Your Representative".
With the end of session only a few days away, time is of the essence! Please call or email your Representative and ask them to oppose House Bill 7127 when it is debated on the House floor this week. Ask them to support Senate Bill 346 to implement Amendment 6 the way it was intended.
For more background on Amendment 6:
BoatUS Press Release on Amendment 6
BoatUS Magazine article on Amendment 6
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