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Florida Statute 196.199 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE
Chapter 196
EXEMPTION
View Entire Chapter
F.S. 196.199
196.199 Government property exemption.
(1) Property owned and used by the following governmental units shall be exempt from taxation under the following conditions:
(a)1. All property of the United States is exempt from ad valorem taxation, except such property as is subject to tax by this state or any political subdivision thereof or any municipality under any law of the United States.
2. Notwithstanding any other provision of law, for purposes of the exemption from ad valorem taxation provided in subparagraph 1., property of the United States includes any leasehold interest of and improvements affixed to land owned by the United States, any branch of the United States Armed Forces, or any agency or quasi-governmental agency of the United States if the leasehold interest and improvements are acquired or constructed and used pursuant to the federal Military Housing Privatization Initiative of 1996, 10 U.S.C. ss. 2871 et seq. As used in this subparagraph, the term “improvements” includes actual housing units and any facilities that are directly related to such housing units, including any housing maintenance facilities, housing rental and management offices, parks and community centers, and recreational facilities. Any leasehold interest and improvements described in this subparagraph, regardless of whether title is held by the United States, shall be construed as being owned by the United States, the applicable branch of the United States Armed Forces, or the applicable agency or quasi-governmental agency of the United States and are exempt from ad valorem taxation without the necessity of an application for exemption being filed or approved by the property appraiser. This subparagraph does not apply to a transient public lodging establishment as defined in s. 509.013 and does not affect any existing agreement to provide municipal services by a municipality or county.
(b) All property of this state which is used for governmental purposes shall be exempt from ad valorem taxation except as otherwise provided by law.
(c) All property of the several political subdivisions and municipalities of this state or of entities created by general or special law and composed entirely of governmental agencies, or property conveyed to a nonprofit corporation which would revert to the governmental agency, which is used for governmental, municipal, or public purposes shall be exempt from ad valorem taxation, except as otherwise provided by law.
(d) All property of municipalities is exempt from ad valorem taxation if used as an essential ancillary function of a facility constructed with financing obtained in part by pledging proceeds from the tax authorized under s. 212.0305(4) which is upon exempt or immune federal, state, or county property.
(2) Property owned by the following governmental units but used by nongovernmental lessees shall only be exempt from taxation under the following conditions:
(a) Leasehold interests in property of the United States, of the state or any of its several political subdivisions, or of municipalities, agencies, authorities, and other public bodies corporate of the state shall be exempt from ad valorem taxation and the intangible tax pursuant to paragraph (b) only when the lessee serves or performs a governmental, municipal, or public purpose or function, as defined in s. 196.012(6). In all such cases, all other interests in the leased property shall also be exempt from ad valorem taxation. However, a leasehold interest in property of the state may not be exempted from ad valorem taxation when a nongovernmental lessee uses such property for the operation of a multipurpose hazardous waste treatment facility.
(b) Except as provided in paragraph (c), the exemption provided by this subsection shall not apply to those portions of a leasehold or other interest defined by s. 199.023(1)(d), Florida Statutes 2005, subject to the provisions of subsection (7). Such leasehold or other interest shall be taxed only as intangible personal property pursuant to chapter 199, Florida Statutes 2005, if rental payments are due in consideration of such leasehold or other interest. All applicable collection, administration, and enforcement provisions of chapter 199, Florida Statutes 2005, shall apply to taxation of such leaseholds. If no rental payments are due pursuant to the agreement creating such leasehold or other interest, the leasehold or other interest shall be taxed as real property. Nothing in this paragraph shall be deemed to exempt personal property, buildings, or other real property improvements owned by the lessee from ad valorem taxation.
(c) Any governmental property leased to an organization which uses the property exclusively for literary, scientific, religious, or charitable purposes shall be exempt from taxation.
(3) Nothing herein or in s. 196.001 shall require a governmental unit or authority to impose taxes upon a leasehold estate created, extended, or renewed prior to April 15, 1976, if the lease agreement creating such leasehold estate contains a covenant on the part of such governmental unit or authority as lessor to refrain from imposing taxes on the leasehold estate during the term of the leasehold estate; but any such covenant shall not prevent taxation of a leasehold estate by any such taxing unit or authority other than the unit or authority making such covenant.
(4) Property owned by any municipality, agency, authority, or other public body corporate of the state which becomes subject to a leasehold interest or other possessory interest of a nongovernmental lessee other than that described in paragraph (2)(a), after April 14, 1976, shall be subject to ad valorem taxation unless the lessee is an organization which uses the property exclusively for literary, scientific, religious, or charitable purposes.
(5) Leasehold interests in governmental property shall not be exempt pursuant to this subsection unless an application for exemption has been filed on or before March 1 with the property appraiser. The property appraiser shall review the application and make findings of fact which shall be presented to the value adjustment board at its convening, whereupon the board shall take appropriate action regarding the application. If the exemption in whole or in part is granted, or established by judicial proceeding, it shall remain valid for the duration of the lease unless the lessee changes its use, in which case the lessee shall again submit an application for exemption. The requirements set forth in s. 196.194 shall apply to all applications made under this subsection.
(6) No exemption granted before June 1, 1976, shall be revoked by this chapter if such revocation will impair any existing bond agreement.
(7) Property which is originally leased for 100 years or more, exclusive of renewal options, or property which is financed, acquired, or maintained utilizing in whole or in part funds acquired through the issuance of bonds pursuant to parts II, III, and V of chapter 159, shall be deemed to be owned for purposes of this section.
(8)(a) Any and all of the aforesaid taxes on any leasehold described in this section shall not become a lien on same or the property itself but shall constitute a debt due and shall be recoverable by legal action or by the issuance of tax executions that shall become liens upon any other property in any county of this state of the taxpayer who owes said tax. The sheriff of the county shall execute the tax execution in the same manner as other executions are executed under chapters 30 and 56.
(b) Nonpayment of any such taxes by the lessee shall result in the revocation of any occupational license of such person or the revocation, upon certification hereunder by the property appraiser to the Department of State, of the corporate charter of any such domestic corporation or the revocation, upon certification hereunder by the property appraiser to the Department of State, of the authority of any foreign corporation to do business in this state, as appropriate, which such license, charter, or authority is related to the leased property.
(9) Improvements to real property which are located on state-owned land and which are leased to a public educational institution shall be deemed owned by the public educational institution for purposes of this section where, by the terms of the lease, the improvement will become the property of the public educational institution or the State of Florida at the expiration of the lease.
(10) Notwithstanding any other provision of law to the contrary, property held by a port authority and any leasehold interest in such property are exempt from ad valorem taxation to the same extent that county property is immune from taxation, provided such property is located in a county described in s. 9, Art. VIII of the State Constitution of 1885, as restated in s. 6(e), Art. VIII of the State Constitution.
History.s. 11, ch. 71-133; s. 1, ch. 76-283; s. 1, ch. 77-174; ss. 1, 2, ch. 80-368; s. 4, ch. 82-388; s. 13, ch. 83-215; s. 30, ch. 85-342; s. 1, ch. 86-141; s. 61, ch. 86-152; s. 81, ch. 88-130; s. 47, ch. 91-45; s. 160, ch. 91-112; s. 1, ch. 96-288; s. 1, ch. 96-323; s. 9, ch. 2006-312; s. 1, ch. 2012-32; s. 26, ch. 2012-193; s. 1, ch. 2015-80.

F.S. 196.199 on Google Scholar

F.S. 196.199 on Casetext

Amendments to 196.199


Arrestable Offenses / Crimes under Fla. Stat. 196.199
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 196.199.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SCHOOL DISTRICT OF ESCAMBIA COUNTY, v. SANTA ROSA DUNES OWNERS ASSOCIATION, INC., 274 So. 3d 492 (Fla. App. Ct. 2019)

. . . The Association claimed that its property was exempt from ad valorem taxation under section 196.199(2 . . . Section 196.199(2)(b) exempts from ad valorem taxation certain leasehold interests in government-owned . . . Neither are charged with performing any duty under section 196.199(2)(b). . . . Even though section 196.199(2)(b) does not specifically require the District to perform any duty, the . . . Tucker , 613 So.2d 448 (Fla. 1993), we upheld the constitutionality of section 196.199(2)(b), Florida . . .

BEACH CLUB TOWERS HOMEOWNERS ASSOCIATION, INC. v. JONES,, 231 So. 3d 566 (Fla. Dist. Ct. App. 2017)

. . . If Escambia County owns it, then it is exempt from ad valorem taxation under section 196.199(1), Florida . . . the County could tax- the unit- owners’ leasehold interests only as intangible personal, property. § 196.199 . . . estate in the underlying land, which is exempted from ad valorem property taxation pursuant to section 196.199 . . .

ISLAND RESORTS INVESTMENTS, INC. v. JONES,, 189 So. 3d 917 (Fla. Dist. Ct. App. 2016)

. . . and its leasehold interest is subject only to intangible personal property taxes pursuant to section 196.199 . . . Section 196.199(2)(b) was first adopted in 1980 and has not been materially altered' since then. . . . We further conclude that Appellant otherwise meets the requirements of section 196.199(2)(b) — that is . . . Turning now to Appellees’ constitutional challenge to section 196.199, we reject their argument upon . . . See § 196.199, Fla. Stat. . . .

GROVE KEY MARINA, LLC s LLC, v, CASAMAYOR, v., 166 So. 3d 879 (Fla. Dist. Ct. App. 2015)

. . . Const.; § 196.199(1), Fla. Stat. (2009). . . . . § 196.199(2), Fla. Stat. (2009); Capital City Country Club, Inc. v. . . . The delinquent taxes shall be enforced and collected in the manner provided in s.196.199(8). . . . Section 196.199(8) then provides, in full: (8)(a) Any and all of the aforesaid taxes on any leasehold . . . The County emphasizes section 196.199(8)(b) and argues that the statute allows it to pursue remedial . . .

J. ACCARDO, v. S. BROWN,, 139 So. 3d 848 (Fla. 2014)

. . . petitioner taxpayers that they were entitled to the benefit of a statutory provision found in section 196.199 . . . THE STATUTORY FRAMEWORK As provided in section 196.199(1), Florida Statutes (2013), property owned by . . . Section 196.199(2) provides generally that where government owned property is “used by nongovernmental . . . Section 196.199(2) provides in pertinent part: (2) Property owned by the following governmental units . . . Compare § 196.199(2)(b), Fla. Stat. (2013), with § 196.199(2)(b), Fla. Stat. (1980). III. . . .

ARIOLA, LLC, v. JONES,, 139 So. 3d 857 (Fla. 2014)

. . . taxation and discuss the interaction of the equitable ownership doctrine with the statutory provisions— § 196.199 . . . The final sentence of section 196.199(2)(b) provides that “[njothing in this paragraph shall be deemed . . .

RYAN, v. NATIONAL MARINE MANUFACTURERS ASSOCIATION, 103 So. 3d 1001 (Fla. Dist. Ct. App. 2012)

. . . See, e.g., § 196.199(2)(a), .012, Fla. Stat. (2009); Sebring Airport Auth. v. . . . State Fair Auth., 974 So.2d 470 (Fla. 2d DCA 2008) (holding section 196.199 inapplicable because agreement . . .

ARIOLA, LLC, v. JONES,, 71 So. 3d 892 (Fla. Dist. Ct. App. 2011)

. . . standing to raise affirmative defenses concerning the constitutionality of the taxing statutes, sections 196.199 . . . In 1980, section 196.199(2)(b), Florida Statutes, which reads essentially the same today, was enacted . . . Relying upon sections 196.199(8)(a), 197.432(9), and 199.023(l)(d), Florida Statutes (2004), appellants . . . Appellants moved to strike the affirmative defenses challenging the constitutionality of sections 196.199 . . . Section 196.199(2)(b), provides, in pertinent part: (2) Property owned by the following governmental . . .

J. ACCARDO M. v. S. BROWN, C., 63 So. 3d 798 (Fla. Dist. Ct. App. 2011)

. . . In 1980, the Legislature enacted section 196.199(2)(b), Florida Statutes, which provides in part that . . . , 691 (Fla. 1st DCA 1987), rev. denied, 513 So.2d 1060 (Fla.1987), we held that pursuant to section 196.199 . . . that the Navarre Beach leaseholders were not exempt from ad valorem property taxes pursuant to section 196.199 . . . It ruled that the Tax Collector had standing to challenge the constitutionality of section 196.199(2) . . . As such, the exemption found in section 196.199(2)(b) is inapplicable to Appellants. . . .

BOCA AIRPORT, INC. v. FLORIDA DEPARTMENT OF REVENUE,, 56 So. 3d 140 (Fla. Dist. Ct. App. 2011)

. . . Appellants argue they are exempt from intangible personal property tax under sections 196.199(2)(a) and . . . [emphasis added] § 196.199(2)(b), Fla. Stat. (2010). . . . (7), F.S., and s. 196.199(2)(c), F.S. . . . While their leasehold interests are exempt from ad valorem taxation pursuant to sections 196.199(2)(a . . . Section 196.199(7), Florida Statutes, deems property that is originally leased for 100 years or more, . . .

NOURACHI, HW a F. S. v. UNITED STATES M., 632 F. Supp. 2d 1101 (M.D. Fla. 2009)

. . . . § 196.199. . . .

CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, v. ECHEVERRI,, 991 So. 2d 793 (Fla. 2008)

. . . exempt from ad valorem taxation pursuant to section 189.403(1), Florida Statutes (1999), and section 196.199 . . . tennis centers, and playgrounds are exempt from ad valorem taxation pursuant to sections 189.403(1) and 196.199 . . .

TURNER, v. FLORIDA STATE FAIR AUTHORITY,, 974 So. 2d 470 (Fla. Dist. Ct. App. 2008)

. . . Therefore, section 196.199, Florida Statutes (2003 & 2004), is inapplicable, and regardless of whether . . . The property of the authority shall be subject to the provisions of s. 196.199. § 616.260 (emphasis added . . . Relying on section 196.199, the Appraiser asserts that the Agreement is a lease to a nongovernmental . . . However, if the Authority’s lands are immune as it claims, then section 196.199 is arguably inapplicable . . . In addition, the Authority argues that section 196.199 is inapplicable regardless of its status as an . . .

ZINGALE, v. CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a, 960 So. 2d 20 (Fla. Dist. Ct. App. 2007)

. . . For the purpose of s. 196.199(1), special districts shall be treated as municipalities. . . . Section 196.199(1), Florida Statutes (1999), the statutory exemption for government property, provides . . .

CITY OF GAINESVILLE, v. Ed CRAPO,, 953 So. 2d 557 (Fla. Dist. Ct. App. 2007)

. . . property at issue was exempt pursuant to article VII, section 3(a) Florida Constitution and section 196.199 . . .

P. CASON, v. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES,, 944 So. 2d 306 (Fla. 2006)

. . . Although it speaks in terms of exemption rather than immunity, section 196.199(l)(b) provides that “[ . . . which uses the property exclusively for literary, scientific, religious, or charitable purposes.” § 196.199 . . . Section 196.199(8)(a) prohibits any taxes on a leasehold by a nongovernmental lessee from becoming a . . . Delinquent taxes must either be “enforced and collected in the manner provided in s. 196.199(8)” or, . . .

BROWARD COUNTY, v. ELLER DRIVE LIMITED PARTNERSHIP, a, 939 So. 2d 130 (Fla. Dist. Ct. App. 2006)

. . . See 196.199(2)(b), Fla. Stat. . . .

BURKLOW ASSOCIATES, INC. v. BROWN,, 931 So. 2d 218 (Fla. Dist. Ct. App. 2006)

. . . See §§ 199.023(l)(d) & 196.199(2)(b), Fla. Stat. . . . . § 196.199(2)(b), Fla. Stat.; see also Parker v. Hertz Corp., 544 So.2d 249 (Fla. 2d DCA 1989). . . .

FLORIDA DEPARTMENT OF REVENUE, v. CITY OF GAINESVILLE,, 918 So. 2d 250 (Fla. 2005)

. . . municipally owned property “used for governmental, municipal or public purposes” contained in section 196.199 . . . which a certificate is required under chapter 364 does not constitute an exempt use for purposes of s. 196.199 . . . Section 196.199(l)(c), Florida Statutes (2004), which has remained unchanged since 1995, provides: All . . . cities' interest in nuclear power plant was tax exempt under article VII, section 3(a) and section 196.199 . . .

STATE DEPARTMENT OF MANAGEMENT SERVICES, v. P. CASON, COLUMBIA COUNTY, W. a k a W. a k a O., 909 So. 2d 378 (Fla. Dist. Ct. App. 2005)

. . . .” § 196.199(l)(b), Fla. Stat. (2000). . . .

Y. T. WARD, H. K. Jr. v. S. BROWN, G., 919 So. 2d 462 (Fla. Dist. Ct. App. 2005)

. . . contend that their leasehold interests are exempt from ad valorem property taxes pursuant to section 196.199 . . . We are not persuaded by appellants’ argument that section 196.199(7) (stating inter alia that property . . . owner for property tax purposes; “we do not perceive the sweep of the word ‘owned’ appearing in section 196.199 . . . (2)(b) to be measurable exclusively by section 196.199(7)”; “[tjhere is nothing within section 196.199 . . . because it had a 30-year lease from the City of Hialeah, which is less than 100 years under section 196.199 . . . .” § 196.199(2)(b), Fla. Stat. (2004). We rejected exactly the same “novel proposition” in Bell v. . . . (6), and is now codified as section 196.199(7)), the lessees’ interests had not been taxed. . . . See also § 196.199(7), Fla. Stat. (2004). . . . Ch. 80-368, § 2, at 1500, Laws of Fla., now codified as section 196.199(2)(b), Florida Statutes (2004 . . . This was apparently taxed by the state as intangible personal property pursuant to Section 196.199(2) . . .

H. W. SUBER, v. E. PULTZ,, 889 So. 2d 947 (Fla. Dist. Ct. App. 2004)

. . . owned by the county and claimed that the property was not subject to ad valorem taxation under section 196.199 . . .

WARD, v. BROWN,, 894 So. 2d 811 (Fla. 2004)

. . . interests in property that they alleged was not subject to ad valorem taxation pursuant to section 196.199 . . . In this regard, section 196.199 provides: (2) Property owned by the following governmental units but . . . exclusively for literary, scientific, religious, or charitable purposes shall be exempt from taxation. § 196.199 . . .

DEPARTMENT OF REVENUE, v. CITY OF GAINESVILLE,, 859 So. 2d 595 (Fla. Dist. Ct. App. 2003)

. . . .” § 196.199(2)(a), Fla. Stat. (1971). . . . The exemptions contemplated under Sections 196.012(5) and 196.199(2)(a), Florida Statutes, relate to . . . which a certificate is required under chapter 364 does not constitute an exempt use for purposes of s. 196.199 . . .

ISLAMORADA, VILLAGE OF ISLANDS, v. HIGGS,, 882 So. 2d 1009 (Fla. Dist. Ct. App. 2003)

. . . Moreover, Section 196.199(1)(c), Florida Statutes (2002), provides that the property of the municipalities . . .

R. NIKOLITS, v. RUNWAY HANGAR CONDOMINIUM ASSOCIATION, INC. a, 847 So. 2d 1054 (Fla. Dist. Ct. App. 2003)

. . . condominium association alleged that the forty-one hangars were exempt from real property taxes under section 196.199 . . . taxes on property it owns in certain instances, for instance, where the lease is for 100 years, section 196.199 . . .

WARD, E. Jr. v. S. BROWN, G., 892 So. 2d 1059 (Fla. Dist. Ct. App. 2003)

. . . tax assessment on the basis that the property was exempt governmental property pursuant to section 196.199 . . .

IPC SPORTS, INC. v. STATE DEPARTMENT OF REVENUE,, 829 So. 2d 330 (Fla. Dist. Ct. App. 2002)

. . . for any of the specific exemptions, as detailed in Sections 212.031(l)(a)l-ll and 212.08, or Section 196.199 . . .

MARKHAM, v. BROWARD COUNTY, a, 825 So. 2d 472 (Fla. Dist. Ct. App. 2002)

. . . used for governmental purposes would be exempt from taxation because of exemptions provided in section 196.199 . . .

TURNER, v. CONCORDE PROPERTIES, a, 823 So. 2d 165 (Fla. Dist. Ct. App. 2002)

. . . business entity, is entitled to a “public purpose” exemption from ad valorem taxes pursuant to section 196.199 . . .

SUN N LAKE OF SEBRING IMPROVEMENT DISTRICT, a v. C. McINTYRE, L., 800 So. 2d 715 (Fla. Dist. Ct. App. 2001)

. . . Section 196.199(l)(c) could thus be facially interpreted to provide special districts an exemption from . . . Tucker, 613 So.2d 448 (Fla.1993) (refusing to interpret section 196.199(4) as granting an exemption not . . . The reference to “political subdivisions” in section 196.199(l)(c) must therefore refer only to those . . . Thus, section 196.199(l)(c) does not itself provide the District with tax exempt status. . . . Pursuant to sections 189.403(1) and 196.199(1), the District is to be treated as a municipality, and . . .

SERVICE METRO CORPORATION, v. BELL,, 786 So. 2d 1216 (Fla. Dist. Ct. App. 2001)

. . . Service Metro Corporation seeks an exemption from ad valorem property tax assessments pursuant to section 196.199 . . .

SEBRING AIRPORT AUTHORITY v. C. McINTYRE, J. T. Of v. C. J. T., 783 So. 2d 238 (Fla. 2001)

. . . public purpose, and it was therefore entitled to an exemption from ad valorem taxation under section 196.199 . . . profit is a governmental-proprietary function; therefore, a tax exemption is not allowed under section 196.199 . . . The exemptions contemplated under Sections 196.012(5) and 196.199(2)(a), Florida Statutes, relate to . . . These statutory provisions are still included in sections 196.199 and 196.012(6), Florida Statutes (1997 . . . The court found that the "exemptions contemplated under s. 196.012(5) and s. 196.199(2)(a), Florida Statutes . . .

FLORIDA GOVERNMENTAL UTILITY AUTHORITY, v. DAY,, 784 So. 2d 494 (Fla. Dist. Ct. App. 2001)

. . . (Emphasis added) Section 196.199(l)(c) entitled "Government property exemption” provides: All property . . .

O. WILLIAMS, J. R. v. ESCAMBIA COUNTY, a, 725 So. 2d 392 (Fla. Dist. Ct. App. 1998)

. . . Constitution, and Section 10, Article I of the United States Constitution, or Chapter 199 and Section 196.199 . . .

THE SEBRING AIRPORT AUTHORITY v. C. McINTYRE, J. T., 718 So. 2d 296 (Fla. Dist. Ct. App. 1998)

. . . The raceway applied for an ad valorem tax exemption under section 196.199, Florida Statutes. . . . The exemptions contemplated under Sections 196.012(5) and 196.199(2)(a), Florida Statutes, relate to . . . exempt privately held leaseholds of governmental property from taxation “only when the lessee,” Section 196.199 . . .

PAGE, M. L. H. v. CITY OF FERNANDINA BEACH, a, 714 So. 2d 1070 (Fla. Dist. Ct. App. 1998)

. . . lessee changes its use, in which case the lessee shall again submit an application for exemption. § 196.199 . . . the trial court found that the lessees’ use constituted a valid public purpose pursuant to section 196.199 . . . Alternatively, the majority suggests that section 196.199(5), Florida Statutes (1995), the statute which . . . Second, the application of section 196.199(5) should not be circumvented when there is a valid public . . . Section 196.199(5) was properly applied and the exemption of the marina property should be affirmed. . . . .” § 196.199(l)(c), Fla. Stat. (1995). . . . With regard to City property leased to nongovernmental lessees, section 196.199(2)(a), Florida Statutes . . . for the exemption set out in article VII, section 3, of the Florida Constitution of 19.68 and section 196.199 . . . longer open: The Marina is unique to this consolidated action in that, pursuant to Florida Statute § 196.199 . . . Stat. § 196.199(5).... , We reject this reading of the statute. . . .

LEON COUNTY EDUCATIONAL FACILITIES AUTHORITY, v. HARTSFIELD,, 698 So. 2d 526 (Fla. 1997)

. . . Court of Appeal affirmed the summary judgment based upon its interpretation of sections 196.192 and 196.199 . . . shall not apply in determining the exemption for property owned by governmental units pursuant to s. 196.199 . . . . 196.199 Government property exemption.— (1) Property owned and used by the following governmental units . . . the Authority's ancillary argument that the project is expressly exempt from taxation under section 196.199 . . .

SCHULTZ, v. CRYSTAL RIVER THREE PARTICIPANTS,, 686 So. 2d 1391 (Fla. Dist. Ct. App. 1997)

. . . of exemption, the cities rely on Article VII, section 3(a) of the Florida Constitution and section 196.199 . . . religious or charitable purposes may be exempted by general law from taxation, (emphasis added) Section 196.199 . . .

CANAVERAL PORT AUTHORITY, v. DEPARTMENT OF REVENUE,, 690 So. 2d 1226 (Fla. 1996)

. . . CPA) filed suit challenging Brevard County’s authority to assess ad valorem taxes pursuant to section 196.199 . . . In view of the express language used in sections 196.001, 196.199(2), and 196.199(4), particularly the . . . Together, sections 196.001, 196.199(2), and 196.199(4) require ad valorem taxation of fee interests in . . . We therefore construe section 315.11 in conjunction with sections 196.001, 196.199(2), and 196.199(4) . . . If the property is being used for some purpose other than that provided for in section 196.199(2) and . . .

LEON COUNTY EDUCATIONAL FACILITIES AUTHORITY SRH, v. HARTSFIELD,, 669 So. 2d 1105 (Fla. Dist. Ct. App. 1996)

. . . lower court erred in declining to find that the property LCEFA leases is exempt, pursuant to section 196.199 . . . a governmental, public purpose, it was exempt from ad valorem property taxation pursuant to section 196.199 . . . Nor do we agree, as was implied in First Union, that the provisions of sections 196.192 and 196.199 may . . . In fact, section 196.199(7) enumerates only two exceptions to the definition of the term “owned” for . . . Section 196.199(l)(c) provides: (1) Property owned and used by the following governmental units shall . . .

STATE DEPARTMENT OF REVENUE, v. PORT OF PALM BEACH DISTRICT,, 650 So. 2d 700 (Fla. Dist. Ct. App. 1995)

. . . See § 196.199, Fla.Stat. (1991); Ch. 315, Fla.Stat. (1991). . . .

FLORIDA DEPARTMENT OF REVENUE, v. CANAVERAL PORT AUTHORITY,, 642 So. 2d 1097 (Fla. Dist. Ct. App. 1994)

. . . The assessments were made under the authority of section 196.199(4), Florida Statutes (1991): Property . . . Given its conclusion that SMAA was a political subdivision of the state, the court found section 196.199 . . . Appellants contend that section 196.199(4) makes the CPA’s leased real property taxable to the extent . . . CPA contends that, despite the provisions of section 196.199(4), it is nonetheless exempt from taxation . . . Since section 196.199 does not reference "political subdivision,” it appears that the legislature may . . .

SEBRING AIRPORT AUTHORITY, v. C. McINTYRE,, 642 So. 2d 1072 (Fla. 1994)

. . . The exemption relied upon by petitioners is found in section 196.199(2)(a), Florida Statutes (1991), . . . finding in Volusia was premised on Williams, which limits the exemptions in sections 196.012(6) and 196.199 . . . profit is a governmental-proprietary function; therefore, a tax exemption is not allowed under section 196.199 . . .

UNITED STATES v. C. HYNES, J. Ex, 20 F.3d 1437 (7th Cir. 1994)

. . . . § 196.199(l)(a); Haw. Const, art. XVI, § 9 and Haw.Rev.Stat. § 246-36(1); Idaho Const, art. . . . Stat.Ann. § 196.199(l)(a). . . .

J. W. MIKOS, v. CITY OF SARASOTA, a, 636 So. 2d 83 (Fla. Dist. Ct. App. 1994)

. . . The city, on the other hand, contends that under section 196.199(2) and section 196-012(6), Florida Statutes . . . municipalities but leased to nongovernmental lessees is only exempt from taxation under certain conditions. § 196.199 . . . also exempt if it is used exclusively for literary, scientific, religious, or charitable purposes. § 196.199 . . . if Graham serves or performs a governmental, municipal, or public purpose or function under section 196.199 . . .

FIRST UNION NATIONAL BANK OF FLORIDA a v. FORD,, 636 So. 2d 523 (Fla. Dist. Ct. App. 1993)

. . . As explained above, they were decided pursuant to section 196.192(1) and not section 196.199(l)(b), which . . . Section 196.199 provides: (1) Property owned and used by the following governmental units shall be exempt . . . Although not directly applicable to the facts in this ease, cases decided pursuant to section 196.199 . . . a private entity and used for a public purpose, they were exempt from taxation pursuant to section 196.199 . . . And it has no leasehold interest subject to tax pursuant to section 196.199(2). . . .

SEBRING AIRPORT AUTHORITY v. C. McINTYRE, J. T., 623 So. 2d 541 (Fla. Dist. Ct. App. 1993)

. . . Appellants, relying on section 196.199, Florida Statutes (1989), had requested and been denied a public . . . The pertinent parts of section 196.199 provide as follows: (2) Property owned by the following governmental . . . exempt privately held leaseholds of governmental property from taxation “only when the lessee,” Section 196.199 . . . exemption at issue here in the following words: The exemptions contemplated under Sections 196.012(5) and 196.199 . . .

In R. McATEE,, 154 B.R. 346 (Bankr. N.D. Fla. 1993)

. . . . § 196.199(7) (West 1971) (as amended 1976). . . . In 1980, Section 196.199(7) was amended to provide that leases for terms of 100 years or more, exclusive . . .

NORTHCUTT, v. ORLANDO UTILITIES COMMISSION,, 614 So. 2d 612 (Fla. Dist. Ct. App. 1993)

. . . claim of exemption, OUC relied upon Article VII, section 3 of the Florida Constitution and section 196.199 . . . Section 196.199(l)(c) of the Florida Statutes specifically provides that “[a]ll property of ... municipalities . . . Section 196.199(l)(c) provides: 196.199 Government property exemption.— (1) Property owned and used by . . .

CITY OF SARASOTA JACK GRAHAM, INC. a v. W. MIKOS,, 613 So. 2d 566 (Fla. Dist. Ct. App. 1993)

. . . of this assessment, contending that the buildings and docks were exempt from taxation under section 196.199 . . .

CAPITAL CITY COUNTRY CLUB, INC. v. TUCKER,, 613 So. 2d 448 (Fla. 1993)

. . . The club contends that the property is exempt from an additional real estate tax by section 196.199(4 . . . However, we found it unnecessary to reach the question of the constitutionality of section 196.199(3) . . . At the time Section 196.199(3) was enacted, the Legislature no longer possessed the constitutional power . . . Moreover, we do not read into the language of Section 196.199(3) a legislative attempt to exceed this . . . However, we do not believe it is necessary to hold any portion of section 196.199 unconstitutional. . . .

OCEAN HIGHWAY AND PORT AUTHORITY, v. PAGE,, 609 So. 2d 84 (Fla. Dist. Ct. App. 1992)

. . . See § 196.199, Fla.Stat. (1989). And see Page v. . . .

PAGE, D. v. FERNANDINA HARBOR JOINT VENTURE, By FERNANDINA MARINA INVESTORS, LTD. a a By a, 608 So. 2d 520 (Fla. Dist. Ct. App. 1992)

. . . Improvements and that it is entitled to the exemption from ad valorem taxation set forth in Section 196.199 . . . Section 196.199(2)(a) provides that property owned by a municipality but leased to a non-governmental . . . Specifically, Section 196.199(2)(a) provides: (a) Leasehold interests in property of ... municipalities . . . Page’s legal interpretation of Section 196.199(2)(a) turns on the fact that the marina is now operated . . . 1989 are hereby declared void as to plaintiff and the City since the exemption provided in Section 196.199 . . .

MASTROIANNI, J. v. MEMORIAL MEDICAL CENTER OF JACKSONVILLE, INC. a EMMCO I, a EMMCO II, a, 606 So. 2d 759 (Fla. Dist. Ct. App. 1992)

. . . shall not apply in determining the exemption for property owned by governmental units pursuant to s. 196.199 . . .

SMITH, v. AMERICAN AIRLINES, INC., 606 So. 2d 618 (Fla. 1992)

. . . . § 196.199(2)(b), Fla.Stat. (1991). . . .

SARASOTA- MANATEE AIRPORT AUTHORITY, a v. W. MIKOS,, 605 So. 2d 132 (Fla. Dist. Ct. App. 1992)

. . . political subdivision within the meaning of government property tax exemptions granted under section 196.199 . . . Walden, 210 So.2d 193 (Fla.1968), and section 196.199(4), Florida Statutes, but find these authorities . . . interests, which are separate and distinct from the SMAA’s fee interest, in accordance with section 196.199 . . .

CAPITAL CITY COUNTRY CLUB, INC. a v. TUCKER,, 580 So. 2d 789 (Fla. Dist. Ct. App. 1991)

. . . See Section 196.199(2), Florida Statutes; Schultz v. TM Florida-Ohio Realty Ltd. . . .

MARATHON AIR SERVICES, INC. v. A. HIGGS,, 575 So. 2d 1340 (Fla. Dist. Ct. App. 1991)

. . . performs a governmental function and that it enjoys exemption from ad valorem taxation pursuant to section 196.199 . . . Section 196.199(2)(a) grants an exemption of “[ljeasehold interests in property '... of the state or . . . building is not part of the leased property, it is not exempt from ad valorem taxation under section 196.199 . . . court made an alternative ruling that the exemption was also barred by the final sentence of section 196.199 . . .

B. PARKER, R. Jr. v. HERTZ CORPORATION,, 544 So. 2d 249 (Fla. Dist. Ct. App. 1989)

. . . the lease agreement entitled Hertz only to the beneficial use of the fixed improvements, and section 196.199 . . . Section 196.199(7) plays no part in determining Hertz’s status as the owner of the improvements. . . . .-199(2)(b) to be measurable exclusively by section 196.199(7). . . . Section 196.199(7) is a legislative declaration, the purpose and effect of which are confined to its . . . a question of ownership under section 196.199(2)(b). . . .

CITY OF ORLANDO, v. S. HAUSMAN,, 534 So. 2d 1183 (Fla. Dist. Ct. App. 1988)

. . . Section 196.199, Florida Statutes (1985) provides in part as follows: Exemptions for property owned by . . . The city, however, argues that section 196.199(2)(b) applies here: Exemptions for property owned by governmental . . . Since the leasehold interests were not included, section 196.199(2)(b) simply has no application here . . .

BELL, III, a R. J. v. R. D. BRYAN, a k a D. B. O. a k a W. O., 505 So. 2d 690 (Fla. Dist. Ct. App. 1987)

. . . However, within Chapter 196, entitled “Exemptions,” appears Section 196.199(2)(b), Florida Statutes ( . . .

HIALEAH, INC. a v. DADE COUNTY, a B. L., 490 So. 2d 998 (Fla. Dist. Ct. App. 1986)

. . . Stat. (1983); § 196.199(2)(b), Fla.Stat. (1983). . . . See § 196.199(2)(b), Fla.Stat. (1983). . . . considered government owned unless a taxpayer holds the attributes of ownership specified in section 196.199 . . . The exceptions set forth in section 196.199(7) do not guide this court’s determination as to whether . . . (7) shall not be included herein. . 196.199 Exemptions for property owned by governmental units.— *** . . .

AURORA GROUP, LTD. v. DEPARTMENT OF REVENUE,, 487 So. 2d 1132 (Fla. Dist. Ct. App. 1986)

. . . See §§ 196.199(2)(b) and 199.023(l)(d), Fla.Stat. (1985). . . .

R. JONES, Jr. v. LIFE CARE OF BAPTIST HOSPITAL, INC. d b a, 476 So. 2d 726 (Fla. Dist. Ct. App. 1985)

. . . . §§ 154.233 and 196.199, Fla.Stat. (1981). . . .

F. REDFORD, Jr. G. B. B. v. DEPARTMENT OF REVENUE,, 478 So. 2d 808 (Fla. 1985)

. . . constitute a governmental, municipal, or public purpose function as defined in sections 196.012(5) and 196.199 . . .

MILLER, v. HIGGS,, 468 So. 2d 371 (Fla. Dist. Ct. App. 1985)

. . . .-199(2)(b), 196.199(7) and 199.023(l)(f), Florida Statutes, to provide that leasehold interests in government-owned . . . verbatim as section 196.25, Florida Statutes (1969), and was the predecessor to sections 196.-001(2) and 196.199 . . .

HIALEAH, INC. v. DADE COUNTY,, 11 Fla. Supp. 2d 134 (Fla. Cir. Ct. 1985)

. . . contends that the property should have been taxed as intangible personal property pursuant to sections 196.199 . . . Sections 159.31, 159.50 and 196.199(7), Florida Statutes (1983). . . .

Dr. GLATSTEIN, v. CITY OF MIAMI, a a, 399 So. 2d 1005 (Fla. Dist. Ct. App. 1981)

. . . which prohibits the pledging of credit for private purposes, of the Florida Constitution, and Section 196.199 . . .

A. MALLARD, v. TELE- TRIP COMPANY, a, 398 So. 2d 969 (Fla. Dist. Ct. App. 1981)

. . . 196.001(2), Florida Statutes, mandating the taxation of leasehold interests in real property, and Section 196.199 . . . Court noted that the only exemption to Section 196.001(2), Florida Statutes, is specified in Section 196.199 . . .

R. R. WALDEN, v. HILLSBOROUGH COUNTY AVIATION AUTHORITY, 375 So. 2d 283 (Fla. 1979)

. . . Hillsborough County, Florida, and that by reason thereof, and by virtue of the provisions of Section 196.199 . . . The only exemption granted is that allowed by section 196.199(2), which states: (2) Property owned by . . . The “governmental, municipal, or public purpose,” necessary to qualify for the exemption in section 196.199 . . . We rejected this argument and .held that the exemptions contemplated by sections 196.012(5) and 196.199 . . . exempt privately held leaseholds of governmental property from taxation “only when the lessee,” Section 196.199 . . .

CITY OF SARASOTA, a v. W. MIKOS,, 374 So. 2d 458 (Fla. 1979)

. . . This section was repealed in 1971, and 'its replacement, section 196.199(1)(c), Florida Statutes (1977 . . .

DAYTONA BEACH RACING AND RECREATIONAL FACILITIES DISTRICT, v. VOLUSIA COUNTY,, 372 So. 2d 419 (Fla. 1979)

. . . On appeal to the district court, the issues were whether exemption should be allowed under section 196.199 . . .

FIRST NATIONAL BANK OF BIRMINGHAM, a v. DEPARTMENT OF REVENUE, 364 So. 2d 38 (Fla. Dist. Ct. App. 1978)

. . . The statutes were the predecessors to Sections 196.001(2) and 196.199, Florida Statutes (1971). . . . 71-133, § 15, Laws of Florida, but certain of its provisions were replaced in Sections 196.001 and 196.199 . . .

ST. JOHN S ASSOCIATES, a v. A. MALLARD,, 366 So. 2d 34 (Fla. Dist. Ct. App. 1978)

. . . John’s relies upon is stated in Section 196.199(2)(a) as follows: (2) Property owned by the following . . . The exemptions contemplated under Sections 196.012(5) and 196.199(2)(a), Florida Statutes, relate to . . .

DAYTONA BEACH RACING AND RECREATIONAL FACILITIES DISTRICT v. VOLUSIA COUNTY, 355 So. 2d 175 (Fla. Dist. Ct. App. 1978)

. . . Appellants urge (1) that an exemption exists under Section 196.199(2)(a), Florida Statutes (1975), because . . .

LYKES BROTHERS, INC. v. CITY OF PLANT CITY, 354 So. 2d 878 (Fla. 1978)

. . . The disputed portion of Section 196.199, entitled “Exemptions for property owned by governmental units . . . Governmental property exemptions appear in Section 196.199. . . . Section 196.199(3) necessarily applies to private lease agreements such as Lykes’. . . . Moreover, we do not read into the language of Section 196.199(3) a legislative attempt to exceed this . . . In the course of analysis the circuit court declared invalid § 196.199(3), Fla.Stat. (1973), insofar . . .

STATE DEPARTMENT OF REVENUE, v. E. J. GIBBS, Jr., 342 So. 2d 562 (Fla. Dist. Ct. App. 1977)

. . . The issue in the trial court and on this appeal is the interpretation of § 196.199(6) and (7)(a) and . . . There the court said: “Our attention has not heretofore focused upon Subsection (6) of Section 196.199 . . . Since Subsection i(2)(a) of Section 196.199, Florida Statutes, effectively removes from the exemption . . . The 99-year leases are leaseholds described in the section referred to in § 196.199. . . . Such delinquent taxes shall be enforced and collected in the manner provided in s. 196.199(7).” . . .

VOLUSIA COUNTY, a v. DAYTONA BEACH RACING AND RECREATIONAL FACILITIES DISTRICT, a a, 341 So. 2d 498 (Fla. 1976)

. . . exempt privately held leaseholds of governmental property from taxation “ortjy when the lessee,” Section 196.199 . . . exemption at issue here in the following words: The exemptions contemplated under Sections 196.012(5) and 196.199 . . .

WILLIAMS v. R. JONES, DUNES MOTEL, INC. a v. R. JONES, J. LERGENMILLER, Jr. v. R. JONES,, 326 So. 2d 425 (Fla. 1975)

. . . .-199(6) and 196.199 (7), Florida Statutes, by holding that the county appraiser properly assessed certain . . . The circuit judge specifically held that Sections 196.001(2), 196.199(6) and 196.199(7) do not violate . . . The classifications created by Section 196.001(2) and Section 196.199, Florida Statutes, result in the . . . The exemptions contemplated under Sections 196.012(5) and 196.199(2) (a), Florida Statutes, relate to . . . The predecessor to Subsection 196.001(2) and Section 196.199, Florida Statutes, enacted in 1971, was . . .

CITY OF TAMPA, a v. R. R. WALDEN, K. C., 323 So. 2d 58 (Fla. Dist. Ct. App. 1975)

. . . . § 196.199(2)(a), which provides: “(2) Property owned by the following governmental units but used by . . . The appellee argues the lands it seeks to tax are not governmental within the purview of Fla.Stat. §§ 196.199 . . . Stat. § 196.199(2) (a). . . .

MACCABEE INVESTMENTS, INC. a v. MARKHAM,, 311 So. 2d 718 (Fla. Dist. Ct. App. 1975)

. . . status of property owned by governmental units but utilized by nongovernmental lessees as follows: “196.199 . . . See sec. 196.199(2) (a), F.S. . . . It is to be noted that the last sentence in sec. 196.199(2) (a) which prescribes the criteria for the . . .

HERTZ CORPORATION, a a v. R. R. WALDEN,, 299 So. 2d 121 (Fla. Dist. Ct. App. 1974)

. . . Section 196.199, F.S.A.1973 states in part: “(2) Property owned by the following governmental units but . . . Outside Facility was predominantly public in nature and entitled to exemption from taxation under Section 196.199 . . . insofar as pertinent to this dis- . cussion, read substantially the same as those contained in Section 196.199 . . .

DADE COUNTY, a v. TRANSPORTES AEREOS NACIONALES, S. A. TAN AIRLINES a, 298 So. 2d 570 (Fla. Dist. Ct. App. 1974)

. . . those of plaintiff TAN Airlines were exempt from ad valo-rem taxation under § 196.25(2) (c) [Now § 196.199 . . . See, e. g., §§ 196.196 and 196.197, Fla.Stat. and § 196.199(2)(a), Fla.Stat. . . .

J. Ed STRAUGHN, v. M. CAMP, 293 So. 2d 689 (Fla. 1974)

. . . of Chapter 71-133, Laws of Florida 1971, and provisions of said Chapter brought forward as Sections 196.199 . . . Under Fla.Stat. § 196.199(2) (a) (1971), F.S.A., it is provided in pertinent part: “(a) Leasehold interests . . . The Legislature in enacting what is now Section 196.199 has expressly provided for such leasehold taxation . . . The pertinent provisions of Chapter 71-133 so providing now appear as Sections 196.199(2) (a) and 196.012 . . . Walden (Fla.1968) 210 So.2d 193, to Section 192.62, F.S., F.S.A., a predecessor statute to Sections 196.199 . . .

DADE COUNTY, a v. PAN AMERICAN WORLD AIRWAYS, INC. a, 275 So. 2d 505 (Fla. 1973)

. . . Neither Section 196.25(2) (c), F.S. 1969, nor the successor statutes, Sections 196.012(5) and 196.199 . . . covered in a completely new Chapter 71 — 133, with exemptions being expressly included in present § 196.199 . . .