Florida Administrative Code
12 - DEPARTMENT OF REVENUE
12D - Property Tax Oversight Program
Chapter 12D-2 - ASSESSMENT OF THE PROPERTY OF RAILROADS, RAILROAD TERMINAL COMPANIES, PRIVATE CAR, FREIGHT LINE AND EQUIPMENT COMPANIES BY THE DEPARTMENT OF REVENUE
Section 12D-2.006 - Determination of Assessment and Allocation of Just Value to This State
Universal Citation: FL Admin Code R 12D-2.006
Current through Reg. 51, No. 058, March 25, 2025
(1) With reference to railroad and railroad terminal companies:
(a) The Department shall
examine the returns required by these regulations and such other information as
the Department may obtain and shall determine the just value of the railroad
and railroad terminal company's entire operating system, whether located
entirely within this state or partially within this state. Just value shall be
determined by application of the unit rule method of valuation.
(b) In application of the unit rule method of
valuation, the Department shall consider the value indications obtained from
three approaches to the system value, i.e., (1) cost approach, (2) market or
stock and debt approach, (3) capitalized earnings or income approach, assuming
there is enough conclusive evidence within the respective approach to render it
a valid indicator of value. If the Department feels that there is not enough
data available to render one or more of the approaches reliable, the Department
shall base its decision on that information which it determines is conclusive
enough to indicate just value.
(c)
The Department shall allocate that portion of the total system value of
railroad and railroad terminal companies to this state based on factors which
are representative of the ratio that the company's property, activity, and
productiveness in this state bears to the company's property, activity, and
productiveness everywhere. Such factors include:
1. All track miles.
2. Net investment in transportation
property.
3. Ton and passenger
miles.
4. Total train
miles.
5. Total car
miles.
6. Railway operating
revenue.
(2) With reference to private car and freight line and equipment companies:
(a) The Department shall examine the returns
required by these rules and such other information as the Department may obtain
concerning the just value of the rolling stock belonging to a private car or
freight line and equipment company operating in or through this state, and
shall determine the average just value per car for each of the company's cars
operating in this state.
(b) The
product of the average just value per car and the "average number of cars
habitually present within Florida" shall constitute the just value of the
average number of cars habitually present within Florida.
(c) The "average number of cars habitually
present within Florida, " for purposes of ad valorem taxation, may be based
upon the number of such cars present in this state during the twelve months
preceding the year of assessment. However, if the basis for this determination
is not representative of the average number of cars habitually present within
Florida in the year of assessment, the Department shall rely on the best
information available to it.
(d) In
making its determination of the "average number of cars habitually present
within Florida, " the Department shall rely on the best information available
to it, and in lieu of acceptable evidence to the contrary, the determination
shall be based upon the quotient of the average daily mileage traveled in
Florida by all of the company's cars divided by the average miles traveled per
day in Florida by a car of that company. The "average daily mileage traveled in
Florida" shall be the quotient of total mileage traveled in Florida for the
year divided by 365 or such lesser period for which operations have actually
existed. Unless proven otherwise by substantial evidence, the average miles
traveled per day in Florida by a company's car shall be presumed to be the
average miles traveled per day by a company's car everywhere that operations
exist. The average miles traveled per day by a company's car everywhere shall
be the quotient of the company's average daily mileage divided by the total
number of cars in its fleet, including all idle cars.
(e) When reliable information is available,
and it can be substantiated that a more accurate value results, the "average
number of cars habitually present within Florida" may be determined by the
product of the total number of cars in a company's rolling stock, including all
idle cars, and the quotient of the actual time spent by those cars within
Florida as opposed to time spent elsewhere.
Rulemaking Authority 195.027(1), 213.06(1) FS. Law Implemented 193.085 FS.
New 11-9-76, Formerly 12D-2.06, Amended 12-31-98.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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