The Florida Supreme Court has denied Hillsborough County Property Appraiser Bob Henriquez’s request to review an earlier ruling favoring the Hillsborough County Aviation Authority, shutting the door on a nearly five-year legal battle over a Florida ad valorem tax exemption.
“Our aviation industry partners provide critical infrastructure and services to the Tampa Bay region and the state of Florida, and allowing them to invest, grow, and thrive here immensely benefits us all.” – TPA Executive Vice President and General Counsel Michael Stephens
The Florida Aviation Business Association (FABA) supported the Hillsborough County Aviation Authority (Aviation Authority), which oversees Tampa International Airport (TPA) and the county’s three general aviation airports, along with 15 tenant aviation businesses, including numerous FABA members, that suddenly faced millions of dollars in unexpected property tax bills after a longstanding exemption backed by Florida Statutes.
The Hillsborough County Property Appraiser attempted to remove the exemption in 2019, just before the pandemic’s heavy impacts on business. The Aviation Authority rightfully argued that these exemptions were unequivocally protected by state law and applied to all Florida counties. Still, a circuit court judge sided with the Property Appraiser in November 2020.
The Aviation Authority appealed the decision, and in July 2023, the 2nd District Court of Appeal ruled in favor of the Aviation Authority, validating that its tenant businesses served aviation or airport purposes—thus used for a governmental purpose—and were exempt from ad valorem taxation as stipulated in Florida Statutes. FABA strongly supported the FABA members and Aviation Authority by filing an extensive Amicus Curiae Brief with the Court of Appeal.
The appellate court returned the case to the trial court to rule in the Aviation Authority’s favor. Still, the Hillsborough County Property Appraiser asked the Florida Supreme Court to take up the case, keeping the ruling in limbo for several months. On August 22, 2024, the Florida Supreme Court declined the Property Appraiser’s petition and further stated that “no motion for rehearing will be entertained by the Court,” effectively ending the legal fight.
“This is a great victory and affirmation on behalf of the aviation community,” said FABA General Counsel Richard L. Richards, Esq., whose aviation law firm, Richards Legal Group, represented FABA in the Amicus Curiae Brief filings, “and is the result of collaboration between various stakeholders including Hillsborough County Aviation Authority, FABA, and the FABA members who are airport tenants.”
“Unfortunately, it took a costly and years-long legal battle to arrive at a place we should have been at all along, but we’re relieved we can finally move forward,” TPA Executive Vice President and General Counsel Michael Stephens said. “Our aviation industry partners provide critical infrastructure and services to the Tampa Bay region and the state of Florida, and allowing them to invest, grow, and thrive here immensely benefits us all. The Florida Aviation Business Association is a 501 (c). FABA’s mission is to engage, educate, and support the association’s diverse membership of businesses, airports, and industry stakeholders and promote, protect, and advocate for general and business aviation in the State of Florida.
