CAPITAL CITY COUNTRY CLUB, INC., A CORPORATION NOT FOR PROFIT, APPELLANT,
v.
KATIE TUCKER, EXECUTIVE DIRECTOR OF THE FLORIDA DEPARTMENT OF REVENUE, DICK BRAND, AS PROPERTY APPRAISER OF LEON COUNTY, FLORIDA, AND JOHN CHAFIN, AS TAX COLLECTOR OF LEON COUNTY, FLORIDA, APPELLEES

Fla. 1st DCA | 1991-04-18
No. 90-2551
Ervin, J., Joanos, J., Miner, J.
580 So. 2d 789 Florida District Court of Appeal, First District (1991) Positive Treatment
Cited by 2 cases

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Synopsis

The court affirmed that a golf course lessee's property is subject to ad valorem taxation and that the appraiser properly valued the property without deducting the lessee's leasehold interest.


Holding

A lessee's leasehold interest in property does not exempt the underlying real property from ad valorem taxation, and the appraiser need not deduct the leasehold value from the fair market value calculation.


Headnotes

[1] A leasehold interest in real property does not exempt the underlying property from ad valorem taxation, and the appraiser is not required to deduct the lessee's leasehold…

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Facts & Procedural History

Capital City Country Club leased a 192-acre tract from the City of Tallahassee for one dollar per year to operate a private golf course. The club was …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

For a dollar per year, appellant, Capital City Country Club (CCCC), leases a 192-acre tract of land from the City of Tallahassee (City) on which it operates and maintains a private golf course. First, CCCC asserts that the property is exempt from ad valorem taxation because it paid an intangible property tax for its leasehold interest in the property. Second, CCCC contends that even if the property is subject to ad valorem and intangible property taxes, the appraiser erred in failing to deduct the value of CCCC’s leasehold interest from the fair market value of the property for purposes of calculating the ad valorem tax. We AFFIRM the judgment of the trial court and find that CCCC failed to show that the subject property was improperly taxed. See Section 196.199(2), Florida Statutes; Schultz v. TM Florida-Ohio Realty Ltd. Partnership, 577 So. 2d 573 (Fla.1991); Valencia Center v. Bystrom, 543 So. 2d 214 (Fla.1989); City of Orlando v. Hausman, 534 So. 2d 1183 (Fla. 5th DCA 1988), review denied, 544 So. 2d 199 (Fla.1989); In re Advisory Opinion of the Governor, 509 So. 2d 292 (Fla.1987); Valencia Center, Inc. v. Publix Super Markets, 464 So. 2d 1267 (Fla. 3d DCA), review denied, 475 So. 2d 696 (Fla.1985); Ryder Truck Rental, Inc. v. Bryant, 170 So. 2d 822 (Fla.1964).

AFFIRMED.

ERVIN, JOANOS and MINER, JJ., concur.

Other
PER CURIAM.

ON MOTION FOR REHEARING EN BANC OR MOTION TO CERTIFY THE QUESTION

PER CURIAM.

Appellant’s motion for rehearing en banc filed April 30, 1991, is denied. Appellant’s motion for certification of a question of great public importance, also filed April 30, 1991, is granted in part and denied in part. We amend the original opinion in this case to include the following certified question as one of great public importance:

IF IT IS CONSTITUTIONALLY PERMISSIBLE TO EXEMPT A NON-GOVERNMENT LEASEHOLD (BEING USED FOR OTHER THAN TAXABLE PURPOSES) FROM AD VALOREM TAXATION (BY RECLASSIFYING IT AS AN INTANGIBLE), WHICH AD VA-LOREM TAX TREATMENT IS CONSTITUTIONALLY CORRECT WITH REGARD TO THE GOVERNMENTAL LEASED FEE: TO TAX THE MUNICIPAL PROPERTY USED FOR PRIVATE PURPOSES AS AN UNEMCUMBERED FEE INTEREST, OR TO TAX THIS PROPERTY AS A DIVIDED INTEREST, EXCLUDING THE LESSEE’S INTEREST?

ERVIN, JOANOS and MINER, JJ., concur.


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Citator

Cited By

  • Cap. City Country Club, Inc. v. Tucker, 613 So. 2d 448 (Fla. 1993)
    …GRIMES, Justice. We review Capital City Country Club, Inc. v. Tucker, 580 So. 2d 789 (Fla. 1st DCA 1991), in which the court certified a question as one of great public importance. We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution. Capital City Country Club, a nonprofit corporation, leases 192 acres…

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