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Marie Selby Botanical Gardens

Senator Gruters and Representative Borrero’s legislation to preserve Florida’s nonprofit property tax exemption signed into law

In a victory for nonprofits statewide, today Governor DeSantis signed HB 7061, which includes legislation to preserve Florida’s longstanding property tax exemption for nonprofits. Authored by Sarasota Senator Joe Gruters and Miami Representative David Borrero, the legislation passed unanimously throughout the House and Senate committee process and enjoyed overwhelming and bipartisan support from the Florida Legislature.

Upon hearing that Governor DeSantis signed HB 7061 into law, Senator Joe Gruters stated, “Congratulations to the 94,000 nonprofit charities and organizations in Florida who supported SB 1214, Nonprofit Property Taxation. It has been an honor to have been the sponsor of this legislation. It has now been signed by Governor DeSantis as part of HB 7061. The relevant portions, ‘The Selby Law’, can be found in sections 8 and 9 which will apply first to the 2022 tax roll.”

Taking effect July 1, the legislation ensures that as long as the predominant use of the property is for nonprofit purposes, the property should remain tax exempt. While the property tax exemption is mentioned in the Florida Constitution, outlined in Florida Statute, and has been reaffirmed by the Florida Supreme Court, there are still examples and occasions of local property appraisers attempting to tax nonprofits’ property for accessory uses. For example, Selby Gardens has an ongoing matter with the Sarasota County Property Appraiser due to accessory uses – even though the predominant use of Selby Gardens’ property is for nonprofit purposes with every dollar generated reinvested in mission-driven work.

In addition to the dozens of Sarasota County nonprofits that supported this legislation, it was also championed by Americans for the Arts, Florida Cultural Alliance, Florida Nonprofit Alliance, the Florida Association of Museums, and the nearly 100,000 nonprofits and charities they represent statewide.

“On behalf of Selby Gardens and thousands of nonprofits throughout the state of Florida, we want to thank Senator Joe Gruters and Representative David Borrero,” said Jennifer O. Rominiecki, President & CEO of Selby Gardens. “This legislation reaffirms that accessory uses will not put any other nonprofits’ property tax exemption at risk, and the fact that it passed unanimously through committee with such broad bipartisan support confirms what we have been saying all along. Regardless of incidental accessory uses, when you are putting revenues back into your mission and back into your community, your property should remain tax exempt. This important legislation would not have been possible without Senator Joe Gruters’ leadership, and we are deeply grateful to Governor DeSantis for signing it into law.”