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Florida Statute 196.012 | Lawyer Caselaw & Research
F.S. 196.012 Case Law from Google Scholar
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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. 196.012
196.012 Definitions.For the purpose of this chapter, the following terms are defined as follows, except where the context clearly indicates otherwise:
(1) “Exempt use of property” or “use of property for exempt purposes” means predominant or exclusive use of property owned by an exempt entity for educational, literary, scientific, religious, charitable, or governmental purposes, as defined in this chapter.
(2) “Exclusive use of property” means use of property solely for exempt purposes. Such purposes may include more than one class of exempt use.
(3) “Predominant use of property” means use of property for exempt purposes in excess of 50 percent but less than exclusive.
(4) “Use” means the exercise of any right or power over real or personal property incident to the ownership of the property.
(5) “Educational institution” means a federal, state, parochial, church, or private school, college, or university conducting regular classes and courses of study required for eligibility to certification by, accreditation to, or membership in the State Department of Education of Florida, Southern Association of Colleges and Schools, or the Florida Council of Independent Schools; a nonprofit private school the principal activity of which is conducting regular classes and courses of study accepted for continuing postgraduate dental education credit by a board of the Division of Medical Quality Assurance; educational direct-support organizations created pursuant to ss. 1001.24, 1004.28, and 1004.70; facilities located on the property of eligible entities which will become owned by those entities on a date certain; and institutions of higher education, as defined under and participating in the Higher Educational Facilities Financing Act.
(6) Governmental, municipal, or public purpose or function shall be deemed to be served or performed when the lessee under any leasehold interest created in property of the United States, the state or any of its political subdivisions, or any municipality, agency, special district, authority, or other public body corporate of the state is demonstrated to perform a function or serve a governmental purpose which could properly be performed or served by an appropriate governmental unit or which is demonstrated to perform a function or serve a purpose which would otherwise be a valid subject for the allocation of public funds. For purposes of the preceding sentence, an activity undertaken by a lessee which is permitted under the terms of its lease of real property designated as an aviation area on an airport layout plan which has been approved by the Federal Aviation Administration and which real property is used for the administration, operation, business offices and activities related specifically thereto in connection with the conduct of an aircraft full service fixed base operation which provides goods and services to the general aviation public in the promotion of air commerce shall be deemed an activity which serves a governmental, municipal, or public purpose or function. Any activity undertaken by a lessee which is permitted under the terms of its lease of real property designated as a public airport as defined in s. 332.004(14) by municipalities, agencies, special districts, authorities, or other public bodies corporate and public bodies politic of the state, a spaceport as defined in s. 331.303, or which is located in a deepwater port identified in s. 403.021(9)(b) and owned by one of the foregoing governmental units, subject to a leasehold or other possessory interest of a nongovernmental lessee that is deemed to perform an aviation, airport, aerospace, maritime, or port purpose or operation shall be deemed an activity that serves a governmental, municipal, or public purpose. The use by a lessee, licensee, or management company of real property or a portion thereof as a convention center, visitor center, sports facility with permanent seating, concert hall, arena, stadium, park, or beach is deemed a use that serves a governmental, municipal, or public purpose or function when access to the property is open to the general public with or without a charge for admission. If property deeded to a municipality by the United States is subject to a requirement that the Federal Government, through a schedule established by the Secretary of the Interior, determine that the property is being maintained for public historic preservation, park, or recreational purposes and if those conditions are not met the property will revert back to the Federal Government, then such property shall be deemed to serve a municipal or public purpose. The term “governmental purpose” also includes a direct use of property on federal lands in connection with the Federal Government’s Space Exploration Program or spaceport activities as defined in s. 212.02(22). Real property and tangible personal property owned by the Federal Government or Space Florida and used for defense and space exploration purposes or which is put to a use in support thereof shall be deemed to perform an essential national governmental purpose and shall be exempt. “Owned by the lessee” as used in this chapter does not include personal property, buildings, or other real property improvements used for the administration, operation, business offices and activities related specifically thereto in connection with the conduct of an aircraft full service fixed based operation which provides goods and services to the general aviation public in the promotion of air commerce provided that the real property is designated as an aviation area on an airport layout plan approved by the Federal Aviation Administration. For purposes of determination of “ownership,” buildings and other real property improvements which will revert to the airport authority or other governmental unit upon expiration of the term of the lease shall be deemed “owned” by the governmental unit and not the lessee. Providing two-way telecommunications services to the public for hire by the use of a telecommunications facility, as defined in s. 364.02(14), and for which a certificate is required under chapter 364 does not constitute an exempt use for purposes of s. 196.199, unless the telecommunications services are provided by the operator of a public-use airport, as defined in s. 332.004, for the operator’s provision of telecommunications services for the airport or its tenants, concessionaires, or licensees, or unless the telecommunications services are provided by a public hospital.
(7) “Charitable purpose” means a function or service which is of such a community service that its discontinuance could legally result in the allocation of public funds for the continuance of the function or service. It is not necessary that public funds be allocated for such function or service but only that any such allocation would be legal.
(8) “Hospital” means an institution which possesses a valid license granted under chapter 395 on January 1 of the year for which exemption from ad valorem taxation is requested.
(9) “Nursing home” or “home for special services” means an institution that possesses a valid license under chapter 400 or part I of chapter 429 on January 1 of the year for which exemption from ad valorem taxation is requested.
(10) “Gross income” means all income from whatever source derived, including, but not limited to, the following items, whether actually owned by or received by, or not received by but available to, any person or couple: earned income, income from investments, gains derived from dealings in property, interest, rents, royalties, dividends, annuities, income from retirement plans, pensions, trusts, estates and inheritances, and direct and indirect gifts. Gross income specifically does not include payments made for the medical care of the individual, return of principal on the sale of a home, social security benefits, or public assistance payments payable to the person or assigned to an organization designated specifically for the support or benefit of that person.
(11) “Totally and permanently disabled person” means a person who is currently certified by two licensed physicians of this state who are professionally unrelated, by the United States Department of Veterans Affairs or its predecessor, or by the Social Security Administration, to be totally and permanently disabled.
(12) “Couple” means a husband and wife legally married under the laws of any state or territorial possession of the United States or of any foreign country.
(13) “Real estate used and owned as a homestead” means real property to the extent provided in s. 6(a), Art. VII of the State Constitution, but less any portion thereof used for commercial purposes, with the title of such property being recorded in the official records of the county in which the property is located. Property rented for more than 6 months is presumed to be used for commercial purposes.
(14) “New business” means:
(a)1. A business or organization establishing 10 or more new jobs to employ 10 or more full-time employees in this state, paying an average wage for such new jobs that is above the average wage in the area, which principally engages in any one or more of the following operations:
a. Manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or
b. Is a target industry business as defined in s. 288.005;
2. A business or organization establishing 25 or more new jobs to employ 25 or more full-time employees in this state, the sales factor of which, as defined by s. 220.15(5), for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or
3. An office space in this state owned and used by a business or organization newly domiciled in this state; provided such office space houses 50 or more full-time employees of such business or organization; provided that such business or organization office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business or organization.
(b) Any business or organization located in an area that was designated as an enterprise zone pursuant to chapter 290 as of December 30, 2015, or brownfield area that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business or organization.
(c) A business or organization that is situated on property annexed into a municipality and that, at the time of the annexation, is receiving an economic development ad valorem tax exemption from the county under s. 196.1995.
(15) “Expansion of an existing business” means:
(a)1. A business or organization establishing 10 or more new jobs to employ 10 or more full-time employees in this state, paying an average wage for such new jobs that is above the average wage in the area, which principally engages in any of the operations referred to in subparagraph (14)(a)1.; or
2. A business or organization establishing 25 or more new jobs to employ 25 or more full-time employees in this state, the sales factor of which, as defined by s. 220.15(5), for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; provided that such business increases operations on a site located within the same county, municipality, or both colocated with a commercial or industrial operation owned by the same business or organization under common control with the same business or organization, resulting in a net increase in employment of not less than 10 percent or an increase in productive output or sales of not less than 10 percent.
(b) Any business or organization located in an area that was designated as an enterprise zone pursuant to chapter 290 as of December 30, 2015, or brownfield area that increases operations on a site located within the same zone or area colocated with a commercial or industrial operation owned by the same business or organization under common control with the same business or organization.
(16) “Permanent resident” means a person who has established a permanent residence as defined in subsection (17).
(17) “Permanent residence” means that place where a person has his or her true, fixed, and permanent home and principal establishment to which, whenever absent, he or she has the intention of returning. A person may have only one permanent residence at a time; and, once a permanent residence is established in a foreign state or country, it is presumed to continue until the person shows that a change has occurred.
(18) “Enterprise zone” means an area designated as an enterprise zone pursuant to s. 290.0065. This subsection expires on the date specified in s. 290.016 for the expiration of the Florida Enterprise Zone Act.
(19) “Ex-servicemember” means any person who has served as a member of the United States Armed Forces on active duty or state active duty, a member of the Florida National Guard, or a member of the United States Reserve Forces.
History.s. 1, ch. 71-133; s. 1, ch. 72-367; s. 1, ch. 73-340; s. 14, ch. 74-234; s. 13, ch. 76-234; s. 1, ch. 77-447; s. 6, ch. 80-163; s. 1, ch. 80-347; s. 2, ch. 81-219; s. 85, ch. 81-259; s. 9, ch. 82-119; s. 29, ch. 84-356; s. 1, ch. 88-102; s. 45, ch. 91-45; s. 87, ch. 91-112; s. 1, ch. 91-121; s. 1, ch. 91-196; s. 3, ch. 92-167; s. 58, ch. 92-289; s. 9, ch. 93-132; s. 3, ch. 93-233; s. 61, ch. 93-268; s. 67, ch. 94-136; ss. 59, 66, ch. 94-353; s. 1472, ch. 95-147; s. 4, ch. 95-404; s. 3, ch. 97-197; s. 25, ch. 97-255; s. 2, ch. 97-294; s. 109, ch. 99-251; s. 11, ch. 99-256; s. 29, ch. 2001-79; s. 2, ch. 2002-183; s. 907, ch. 2002-387; s. 20, ch. 2003-32; s. 1, ch. 2005-42; s. 20, ch. 2005-132; s. 17, ch. 2005-287; s. 52, ch. 2006-60; s. 4, ch. 2006-291; s. 14, ch. 2007-5; s. 6, ch. 2008-227; s. 54, ch. 2011-36; s. 31, ch. 2011-64; s. 1, ch. 2011-182; s. 20, ch. 2012-5; s. 4, ch. 2013-77; s. 2, ch. 2016-220; s. 3, ch. 2017-36; s. 14, ch. 2023-173.

F.S. 196.012 on Google Scholar

F.S. 196.012 on Casetext

Amendments to 196.012


Arrestable Offenses / Crimes under Fla. Stat. 196.012
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 196.012.



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. CRAPO, v. GAINESVILLE AREA CHAMBER OF COMMERCE, INC. a, 274 So. 3d 453 (Fla. App. Ct. 2019)

. . . But the term is defined in section 196.012(7), Florida Statutes (2014), as providing a function or service . . . legally result in the allocation of public funds for the continuance of the function or service." § 196.012 . . . While not challenging the constitutionality of section 196.012(7), Alachua County argues that despite . . . Further, the dissent has overlooked the plain meaning of section 196.012(7) to impose what it believes . . . The Legislature plainly stated in section 196.012(7) that a charitable purpose is an activity for which . . . Gainesville Area Chamber of Commerce a charitable exemption from ad valorem property tax under section 196.012 . . . The statute implementing the charitable exemption, now section 196.012(7), originally consisted only . . . The court invalidated a provision of section 196.012(6) that purported to extend a public purpose tax . . . Yet the Chamber's interpretation of the statutory definition of "charitable purpose" in section 196.012 . . . Section 196.012(7) is not properly severed from its constitutional mooring. . . .

IN RE MENDOZA, 597 B.R. 686 (Bankr. S.D. Fla. 2019)

. . . . § 196.012(17) (2018) ; see also Fla. . . .

NATIONAL CENTER FOR CONSTRUCTION EDUCATION AND RESEARCH LTD. CORP. v. Ed CRAPO,, 248 So. 3d 1256 (Fla. App. Ct. 2018)

. . . . § 196.012(1), Fla. Stat. (2015). . . . A "charitable purpose" is defined in section 196.012(7), Florida Statutes (2015) as a function or service . . . Appellant is not an "educational institution" as defined by section 196.012(5), and therefore is not . . . Appellant's interpretation would abrogate the accreditation requirements of section 196.012(5), Florida . . . Section 196.012(5), Fla. . . .

CITY OF FORT PIERCE, a a St. v. TREASURE COAST MARINA, LC, a LC, a LC, a, 195 So. 3d 1141 (Fla. Dist. Ct. App. 2016)

. . . .” § 196.012(6), Fla. Stat. (2014). . . .

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

. . . valorem taxes in accord with the provisions of Florida Statutes 196.199(2)(a) and Florida Statutes 196.012 . . .

J. GARCIA, v. ANDONIE,, 101 So. 3d 339 (Fla. 2012)

. . . Section 196.012(18), Florida Statutes (2006), defines “permanent residence” for ad valorem taxation purposes . . . and principal establishment to which, whenever absent, he or she has the intention of returning.... § 196.012 . . . the owner’s dependents, to be governed by the definition of permanent residence contained in section 196.012 . . . opinion, the Third District referred to the definition of “permanent residence” contained in section 196.012 . . . The Property Appraiser argues that the last sentence of section 196.012(18) prohibits the Florida property . . .

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

. . . maintain that the legislature exempted them from intangible taxation in 1993 when it amended section 196.012 . . . lessee serves or performs a governmental, municipal, or public purpose or function, as defined in s. 196.012 . . . In 1993, section 196.012(6) was amended and the following language was added to include FBO exemptions . . . under section 196.199(2)(a), and constituted an aviation facility specifically exempted by section 196.012 . . . Paris Air, Inc., 975 So.2d 627, 628 (Fla. 4th DCA 2008) (citing § 196.012(6), Fla. . . .

DE LA MORA, v. ANDONIE,, 51 So. 3d 517 (Fla. Dist. Ct. App. 2010)

. . . Section 196.012, Florida Statutes (2006), defines “permanent residence” for purposes of this provision . . .

K. KARAYIANNAKIS, v. R. NIKOLITS, CFA,, 23 So. 3d 844 (Fla. Dist. Ct. App. 2009)

. . . . § 196.012(13), Fla. Stat. (2007) (emphasis added). . . .

C. NOLTE, v. PARIS AIR, INC., 975 So. 2d 627 (Fla. Dist. Ct. App. 2008)

. . . See § 196.012(6), Fla. Stat. (2007). . . .

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

. . . 2d DCA 1999) (finding property appraiser lacked standing to challenge constitutionality of section 196.012 . . .

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

. . . section 166.047, Florida Statutes, and a portion of section 3 of chapter 97-197, which amended section 196.012 . . .

W. C. SHERMAN, v. RED BAY STRONGHOLD FOUNDATION,, 942 So. 2d 1033 (Fla. Dist. Ct. App. 2006)

. . . .” § 196.012(1), Fla. Stat. (2003). . . . Such purposes may include more than one class of exempt use.” § 196.012(2), Fla. Stat. (2003). . . . .” § 196.012(3), Fla. Stat. (2003). . . .

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

. . . who “serves or performs a governmental, municipal, or public purpose or function, as defined in s. 196.012 . . .

DeQUERVAIN v. V. DESGUIN,, 927 So. 2d 232 (Fla. Dist. Ct. App. 2006)

. . . Their supporting affidavits stated that they met all the requirements of section 196.012 to prove that . . . The implementing statutes provide, in relevant part, as follows: 196.012 Definitions. (17) “Permanent . . . appraiser for the purpose of determining that the taxpayer is a permanent resident as defined in s. 196.012 . . .

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

. . . In the same act, the Legislature amended section 196.012(6), Florida Statutes (1995), to exclude the . . . The pertinent portion of section 196.012(6), as amended, specifies that “[pjroviding two-way telecommunications . . . does not constitute an exempt use for purposes of s. 196.199,” with exceptions inapplicable here. § 196.012 . . . powers provision of the state constitution to mandate ad valorem taxation, and the amendment to section 196.012 . . . Although “governmental, municipal, or public purpose or function” is statutorily defined in section 196.012 . . .

SUNSET HARBOUR CONDOMINIUM ASSOCIATION, v. ROBBINS,, 914 So. 2d 925 (Fla. 2005)

. . . facility, notwithstanding the fact that the facility was exempt' from property taxes under section 196.012 . . . The property appraiser appealed the board’s decision to the circuit court and argued that section 196.012 . . .

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

. . . lessee serves or performs a governmental, municipal, or public purpose or function, as defined in s. 196.012 . . .

SMITH, v. AMERICAN LUNG ASSOCIATION OF GULFCOAST FLORIDA, INC., 870 So. 2d 241 (Fla. Dist. Ct. App. 2004)

. . . Section 196.012(1) defines “[ejxempt use of property” or “use of property for exempt purposes” as “predominant . . . Section 196.012(2) defines “[exclusive use of property” in part as “use of property solely for exempt . . . Section 196.012(7) defines “[cjharitable purpose” in part as “a function or service which is of such . . .

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

. . . In seeking a declaration below that section 166.047 and the amendment to section 196.012(6) facially . . . or serve a purpose which would otherwise be a valid subject for the allocation of public funds.” § 196.012 . . . of such facilities constituted a governmental, public purpose or function exempt pursuant to section 196.012 . . . The exemptions contemplated under Sections 196.012(5) and 196.199(2)(a), Florida Statutes, relate to . . . This provision now appears in subsection (6). § 196.012(6), Fla. Stat. (2002). . . . declared facially invalid a portion of section 3 of chapter 97-197, Laws of Florida, which amended section 196.012 . . . In section 3 of chapter 97-197, the legislature amended section 196.012(6), which sets out definitions . . .

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

. . . Statutes (1999), which exempts property owned and used by a governmental agency, and under section 196.012 . . . The property appraiser concedes that the latter are exempt from real property taxes under section 196.012 . . .

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

. . . lessee serves or performs a governmental, municipal, or public purpose or function, as defined in s. 196.012 . . . Section 196.012(6) defines “public purpose” as one which “could properly be performed or served by an . . . McIntyre, 783 So.2d 238 (Fla.2001), when it declared the legislature’s 1994 amendment to section 196.012 . . .

FUCHS, v. W. ROBBINS, v. W. v., 818 So. 2d 460 (Fla. 2002)

. . . In Turner, the taxpayer had claimed an exemption pursuant to section 196.012(6), Florida Statutes (1997 . . .

O. HALE, v. DEPARTMENT OF REVENUE, STATE OF FLORIDA,, 808 So. 2d 237 (Fla. Dist. Ct. App. 2002)

. . . Section 196.012(18), Florida Statutes, defines “permanent residence” as “that place where a person has . . .

DAVIS, v. GULF POWER CORPORATION, a, 799 So. 2d 298 (Fla. Dist. Ct. App. 2001)

. . . Board that the applicant is “a new business or an expansion of an existing business, as defined in s. 196.012 . . . Section 196.012(16)(a)l defines “Expansion of an existing business”: A business establishing 10 or more . . . in section 192.001(ll)(d), Florida Statutes (1999), cannot apply to the use of that term in section 196.012 . . . Accordingly, we hold that for purposes of section 196.1995, Florida Statutes (1999), and section 196.012 . . .

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

. . . McIntyre, 718 So.2d 296, 297 (Fla. 2d DCA 1998) (“Sebring III ”), which declared a portion of section 196.012 . . . lessee serves or performs a governmental, municipal, or public purpose or function, as defined in s. 196.012 . . . Section 196.012(6), in turn, provided: (6) Governmental, municipal, or public purpose or function shall . . . Following the outcome in Sebring II, the Legislature amended section 196.012(6)(“the 1994 amendment”) . . . The exemptions contemplated under Sections 196.012(5) and 196.199(2)(a), Florida Statutes, relate to . . .

REINISH v. K. CLARK, L. H., 765 So. 2d 197 (Fla. Dist. Ct. App. 2000)

. . . .” § 196.012(17), Fla. . . . state or country, it is presumed to continue until the person shows that a change has occurred.” § 196.012 . . .

TURNER, v. HILLSBOROUGH COUNTY AVIATION AUTHORITY, a a, 739 So. 2d 175 (Fla. Dist. Ct. App. 1999)

. . . At issue is the application of section 196.012(6), Florida Statutes (1997), which authorizes a governmental . . . the assessment to approximately one million dollars based on its decision that, pursuant to section 196.012 . . . suit is, in fact, a challenge to the constitutionality of the sports facility exemption in section 196.012 . . . The property at issue meets the criteria of section 196.012(6), in which the legislature deemed certain . . . On September 11, 1998, this court held unconstitutional the portion of section 196.012(6) exempting sports . . .

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

. . . the Department of Revenue (the department) challenge an order of the trial court declaring section 196.012 . . . The statutory provision, section 196.012(6), under which the raceway now claims an exemption was amended . . . There is no doubt that the raceway falls within this provision of section 196.012(6). . . . To the extent that section 196.012(6) attempts to exempt from taxation municipal property used for a . . . Section 196.012(5), Florida Statutes (1975). . . .

METROPOLITAN DADE COUNTY, v. BROTHERS OF THE GOOD SHEPHERD, INC., 714 So. 2d 573 (Fla. Dist. Ct. App. 1998)

. . . which commenced in 1945, was entitled to a charitable exemption from ad valorem taxation under sections 196.012 . . .

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

. . . and reverse in part, and I write only to address the applicability of the 1993 amendment to section 196.012 . . . Section 196.012(6) provides a definition of “governmental, municipal, or public purpose or function” . . . airport was exempt from ad valorem taxation and noted the “clarifying language” of the amended section 196.012 . . . Indeed, the governmental-function definition of section 196.012(6) has existed for 27 years, since 1971 . . . public restroom, and concession stand serve a governmental-governmental purpose pursuant to section 196.012 . . . As stated in Femandina Harbor Joint Venture, [u]nder the definitional provisions of Section 196.012(6 . . . (6),” appellants failed to even mention section 196.012(6), its applicability to this property, or the . . . If section 196.012(6) had not been amended or applied by the trial court below, I would agree that the . . . I would affirm the application of section 196.012(6) and the exemption granted to the airport property . . . One law subsequently amending section 196.012(6), Florida Statutes, specifically made the amendment “ . . . Since the present dispute has to do with tax rolls prepared before 1994, this amendment to section 196.012 . . . Section 196.012(6), Florida Statutes (1991), provided: Governmental, municipal, or public purpose or . . . After the last sentence of section 196.012(6), Florida Statutes (1991), chapter 93-233, section 3, at . . . The City’s answer brief cited "the amendment to Section 196.012(6)," arguing that it was a "clarifying . . .

SOUTHLAKE COMMUNITY FOUNDATION, INC. v. HAVILL,, 707 So. 2d 361 (Fla. Dist. Ct. App. 1998)

. . . (4) The physical use of the Aurora project as of January 1, 1995, qualified as a charitable use (§ 196.012 . . . entitled to an exemption turns on whether it is operated for a “charitable purpose” as defined in section 196.012 . . . actions of Foundation simply do not fall within the definition of “charitable purpose” found in section 196.012 . . . See § 196.012(7), Fla. Stat. (1993). . . .

LISBOA, v. DADE COUNTY PROPERTY APPRAISER,, 705 So. 2d 704 (Fla. Dist. Ct. App. 1998)

. . . Section 196.012(17) and (18), Florida Statutes, define the terms “permanent resident” and “permanent . . .

CRAIN, v. PUTNAM, J., 687 So. 2d 1325 (Fla. Dist. Ct. App. 1997)

. . . homestead by a paraplegic, hemiplegic, or other totally and permanently disabled person, as defined in s. 196.012 . . . That word is defined in section 196.012(4) as follows: “Use” means the exercise of any right or power . . . Section 196.012(13) provides in part: “‘Real estate used and owned as a homestead’ means real property . . .

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

. . . the lessee is serving a governmental, municipal, or public purpose or function as defined in section 196.012 . . .

SARASOTA COUNTY, v. SARASOTA CHURCH OF CHRIST, INC., 667 So. 2d 180 (Fla. 1995)

. . . .; §§ 196.012(1), 196.192(1), Fla.Stat. (1993). . . . .

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

. . . lessee serves or performs a governmental, municipal, or public purpose or function, as defined in s. 196.012 . . . Section 196.012(6) defines public purpose or function as follows: (6) Governmental, municipal, or public . . . Our finding in Volusia was premised on Williams, which limits the exemptions in sections 196.012(6) and . . . 196.199(2)(a) to governmental-governmental functions: The exemptions contemplated under Sections 196.012 . . . (5) [now 196.012(6)] and 196.-199(2)(a), Florida Statutes, relate to “governmental-governmental” functions . . .

SARASOTA COUNTY, v. SARASOTA CHURCH OF CHRIST, INC. Mt., 641 So. 2d 900 (Fla. Dist. Ct. App. 1994)

. . . Section 3(a) under Article VII of the Constitution of the State of Florida, Florida Statutes Sec. 196.012 . . .

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

. . . serves or performs a governmental, municipal, or public purpose or function, as defined in section 196.012 . . . Section 196.012(6) provides that a governmental, municipal, or public purpose or function is served or . . .

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

. . . serves or performs a governmental, municipal, or public purpose or function, as defined in Section 196.012 . . . Section 196.012(5), Florida Statutes (1975). . . . scope of the exemption at issue here in the following words: The exemptions contemplated under Sections 196.012 . . .

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)

. . . serves or performs a governmental, municipal, or public purpose or function, as defined in Section 196.012 . . . Under the definitional provisions of Section 196.012(6), a municipal or public purpose is defined to . . .

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)

. . . Subsection 196.012(1), Florida Statutes (1989), likewise evidences this statutory intent by specifically . . .

TRINITY EPISCOPAL SCHOOL, INC. v. W. ROBBINS,, 605 So. 2d 880 (Fla. Dist. Ct. App. 1992)

. . . defines the “ ‘exclusive use of property’ ” as “property that is used 100 percent for exempt purposes,” § 196.012 . . . as “predominant or exclusive use of property for educational ... use, as defined in this chapter.” § 196.012 . . . The appraiser concedes that the School is an educational institution as defined by section 196.012(4) . . .

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

. . . lessee serves or performs a governmental, municipal, or public purpose or function, as defined in s. 196.012 . . .

PUBLIC HOUSING ASSISTANCE, INC. v. HAVILL,, 571 So. 2d 45 (Fla. Dist. Ct. App. 1990)

. . . .” § 196.012(1), Fla.Stat. (1989). (Emphasis added). . . . We hold therefore that PHAI operates for a charitable purpose as defined by section 196.012(7). . . .

METROPOLITAN DADE COUNTY, v. MIAMI- DADE COUNTY COMMUNITY COLLEGE FOUNDATION, INC., 545 So. 2d 324 (Fla. Dist. Ct. App. 1989)

. . . correctly found that the property qualified for an ad valorem tax educational use exemption under Sections 196.012 . . . The Lake Worth Towers, Inc. case did not construe the educational use exemption derived from Sections 196.012 . . . QUALIFY AS BEING IN “ACTUAL USE” FOR PURPOSES OF ACQUIRING THE EDUCATIONAL TAX EXEMPTION UNDER SECTIONS 196.012 . . . We note that our conclusion here would also be different under the revised Section 196.012(5), Florida . . .

SAINT ANDREW S SCHOOL OF BOCA RATON, INCORPORATED, a v. E. WALKER, C. T x, 540 So. 2d 207 (Fla. Dist. Ct. App. 1989)

. . . See § 196.012(2), Fla.Stat. . . . Furthermore, at the time of Berkeley, the one hundred percent use requirement in section 196.012(2) was . . . legislative’s somewhat confusing employment of the following language in subsection (1) of section 196.012 . . .

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

. . . lessee serves or performs a governmental, municipal, or public purpose or function, as defined in s. 196.012 . . .

MIAMI- DADE COMMUNITY COLLEGE FOUNDATION, INC. v. METROPOLITAN DADE COUNTY,, 28 Fla. Supp. 2d 14 (Fla. Cir. Ct. 1988)

. . . Section 196.012, Florida Statutes (1985), provides that exclusive use of property for educational purposes . . .

BYSTROM, v. CULBREATH,, 24 Fla. Supp. 2d 72 (Fla. Cir. Ct. 1987)

. . . homestead by a paraplegic, hemiplegic, or other totally and permanently disabled person, as defined in § 196.012 . . .

COVENANT HOUSE, v. MARKHAM,, 488 So. 2d 626 (Fla. Dist. Ct. App. 1986)

. . . See §§ 196.012 and 196.192, Fla.Stat. (1983). HERSEY, C.J., ANSTEAD and DELL, JJ., concur. . . .

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

. . . essential public function” being performed by appellee is also a “charitable purpose” as defined in section 196.012 . . . Section 196.012(6), Florida Statutes (1981), reads in pertinent part: "Charitable purpose” means a function . . .

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

. . . seeking a determination that the twenty-five leaseholds were not exempt under sections 196.001(2), 196.012 . . . and did not constitute a governmental, municipal, or public purpose function as defined in sections 196.012 . . .

IN RE MIAMI CHRISTIAN SCHOOL, INC., 15 Fla. Supp. 2d 171 (Dade Cty. Property Appraisal Adjustment Board 1985)

. . . Florida Statutes Section 196.012(4) provides as follows: “Educational institutions” means State, parochial . . .

W. R. DANIEL, Jr. v. CANTERBURY TOWERS, INC., 462 So. 2d 497 (Fla. Dist. Ct. App. 1984)

. . . the denial of its claimed charitable exemptions on the basis of a constitutional challenge to section 196.012 . . . nursing facility of appellee has been granted a charitable exemption from taxes pursuant to sections 196.012 . . .

ALCIME v. BYSTROM,, 451 So. 2d 1037 (Fla. Dist. Ct. App. 1984)

. . . Section 196.012(16), (17), Florida Statutes (1981) provides: (16) “Permanent resident” means a person . . .

W. TURNER, Jr. v. TRUST FOR PUBLIC LAND, a, 445 So. 2d 1124 (Fla. Dist. Ct. App. 1984)

. . . A “charitable purpose” is defined in section 196.012(6), Florida Statutes (1981), as follows: “Charitable . . .

W. R. DANIEL, Jr. v. T. M. MURRELL CO. INC. d b a M., 445 So. 2d 587 (Fla. Dist. Ct. App. 1984)

. . . The lower court, basing its ruling upon section 196.192, Florida Statutes (1981) and section 196.012( . . . Appellants urge that, moreover, when section 196.198 is read together with sections 196.-192 and 196.012 . . . Section 196.012(1), Fla.Stat., provides: (1) "Exempt use of property” means predominant or exclusive . . . (Emphasis added.) .Section 196.012, Definitions. — • (4) "Educational institutions” means state, parochial . . .

CITY OF ORMOND BEACH, a v. STATE J. DEL MARCO,, 426 So. 2d 1029 (Fla. Dist. Ct. App. 1983)

. . . . § 196.012(13), Fla.Stat. (1981): “Renewable energy source device” or “device” means any of the following . . .

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

. . . operated properties when used to serve a governmental, municipal, or public purpose as defined in Section 196.012 . . .

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

. . . been performing a governmental and public purpose or function, as those terms are defined in Section 196.012 . . . commercial leaseholders of county-owned Santa Rosa Island were entitled to the exemptions in sections 196.012 . . . We rejected this argument and .held that the exemptions contemplated by sections 196.012(5) and 196.199 . . . private corporation under a lease from a public body, was not entitled to exemption under sections 196.012 . . . Maccabee Investments, Inc., 343 So.2d 16 (Fla.1977), we refused to apply the exemption of sections 196.012 . . .

A. MALLARD, H. S. J. Ed v. R. G. HOBELMANN COMPANY, INC. a, 363 So. 2d 1176 (Fla. Dist. Ct. App. 1978)

. . . .-199(2)(a) and F.S. 196.012(5). This appeal followed. . . .

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

. . . carries out a function which could properly be performed by the appropriate governmental unit, Section 196.012 . . . purpose or function and that the leaseholds were exempt from ad valorem taxation pursuant to Section 196.012 . . . The exemptions contemplated under Sections 196.012(5) and 196.199(2)(a), Florida Statutes, relate to . . .

DADE COUNTY TAXING AUTHORITIES, v. CEDARS OF LEBANON HOSPITAL CORP. INC., 355 So. 2d 1202 (Fla. 1978)

. . . See Sections 196.012, 196.192, 196.195, 196.196, and 196.197, Florida Statutes (1973). . . . See Sections 196.012, 196.192, 196.195, 196.196, and 196.197, Florida Statutes (1973). . . .

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

. . . “serves or performs a governmental, municipal, or public purpose or function” as defined by Section 196.012 . . . Section 196.012(5), Fla.Stat. (1975). . . .

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

. . . not serve or perform a governmental, municipal, or public purpose or function as defined in Section 196.012 . . .

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

. . . Section 196.012(5), Florida Statutes (1975). . . . scope of the exemption at issue here in the following words: The exemptions contemplated under Sections 196.012 . . .

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

. . . function and, accordingly, such leaseholds are exempt from ad valorem taxation pursuant to Section 196.012 . . . with respect to leaseholders of commercial property to the effect that they are exempt under Section 196.012 . . . The exemptions contemplated under Sections 196.012(5) and 196.199(2) (a), Florida Statutes, relate to . . . taxation upon the same principle as the appellants here contend that they are exempt under Subsection 196.012 . . . not serve or perform a governmental, municipal, or public purpose or function as defined in Section 196.012 . . .

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

. . . lessee serves or performs a governmental, municipal or public purpose or function, as defined in § 196.012 . . . (Emphasis supplied) and Fla.Stat. § 196.012(5) which in pertinent part provides: “(5) Governmental, municipal . . .

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

. . . lessee serves or performs a governmental, municipal or public purpose or function, as defined in § 196.012 . . . The public purpose or function hereinabove mentioned is defined in sec. 196.012(5) as follows: “(5) Governmental . . . residents of the City serves a municipal or public purpose or function within the definition of sec. 196.012 . . .

W. MIKOS, v. PLYMOUTH HARBOR, INCORPORATED, a, 316 So. 2d 627 (Fla. Dist. Ct. App. 1974)

. . . . § 196.012(6) (1971), which reads as follows: “(6) ‘Charitable purpose’ means a function or service . . . determination of whether the Plymouth Harbor property serves the function specified by Fla.Stat. § 196.012 . . . . §§ 196.012(6) and 196.196 (1971), and that the record demonstrated a conflict of fact on these points . . . Section 196.012, F.S.A. and the criteria in Section 196.196 in keeping with Section 3(a), Article VII . . .

NORTH MIAMI ELKS LODGE v. TAX ASSESSOR,, 41 Fla. Supp. 162 (Dade Cty. Cir. Ct. 1974)

. . . Florida Statute 196.012 defines exempt use of property to include a charitable use and further defines . . . The use is therefore not “charitable” as that term is defined by Florida Statute 196.012(6). . . .

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

. . . lessee serves or performs a governmental, municipal or public purpose or function, as defined in § 196.012 . . .

PRESBYTERIAN HOMES OF SYNOD OF FLORIDA, a v. K. WOOD, J. Ed STRAUGHN, v. PRESBYTERIAN HOMES OF SYNOD OF FLORIDA, a K., 297 So. 2d 556 (Fla. 1974)

. . . Section 196.012(1), F. . . . Subsection (3) of Section 196.012 states: “ ‘Predominant use of property’ means property used for exempt . . . Section 196.012, F. . . .

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

. . . Laws of Florida 1971, and provisions of said Chapter brought forward as Sections 196.199(2) (a) and 196.012 . . . lessee serves or performs a governmental, municipal or pub-lie purpose or function, as defined in § 196.012 . . . (5) . . . . ” Fla.Stat. § 196.012(5) (1971), F.S.A., which is also a new section, defines public purpose . . . The pertinent provisions of Chapter 71-133 so providing now appear as Sections 196.199(2) (a) and 196.012 . . . 210 So.2d 193, to Section 192.62, F.S., F.S.A., a predecessor statute to Sections 196.199(2) (a) and 196.012 . . . . § 196.012(5) (1971), F.S.A., and is therefore exempt under Fla.Stat. § 196.-199(2)(a) (1971), F.S.A . . .

AMERICAN FEDERATION OF POLICE, v. TAX ASSESSOR,, 39 Fla. Supp. 61 (Dade Cty. Cir. Ct. 1973)

. . . See §196.012 (1). . . . See §196.012(2). . . . See §196.012 (3). . . .

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 . . . . § 196.012(5) for definition of “public purpose,” effective December 31, 1971. . . . .

DADE COUNTY v. AMERICAN FEDERATION OF POLICE, a, 268 So. 2d 372 (Fla. 1972)

. . . . § 196.012(1), F.S.A. The judgment directly appealed from is hereby affirmed. It is so ordered. . . .