Amendment
Bill No. CS/CS/CS/HB 281
Amendment No. 813179
CHAMBER ACTION
Senate House
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1Representative Frishe offered the following:
2
3     Amendment (with title amendment)
4     Between lines 117 and 118, insert:
5
6     Section 4.  Subsection (4) of section 193.114, Florida
7Statutes, is amended to read:
8     193.114  Preparation of assessment rolls.-
9     (4)(a)  For every change made to the assessed or taxable
10value of a parcel on an assessment roll subsequent to the
11mailing of the notice provided for in s. 200.069, the property
12appraiser shall document the reason for such change in the
13public records of the office of the property appraiser in a
14manner acceptable to the executive director or the executive
15director's designee. For every change made to the assessed or
16taxable value of a parcel on the assessment roll as the result
17of an informal conference under s. 194.011(2), only the
18department may review whether such changes are consistent with
19the law.
20     (b)  For every change that decreases the assessed or
21taxable value of a parcel on an assessment roll between the time
22of complete submission of the tax roll pursuant to s.
23193.1142(3) and mailing of the notice provided for in s.
24200.069, the property appraiser shall document the reason for
25such change in the public records of the office of the property
26appraiser in a manner acceptable to the executive director or
27the executive director's designee. Changes made by the value
28adjustment board are not subject to the requirements of this
29subsection.
30     Section 5.  Section 193.624, Florida Statutes, is created
31to read:
32     193.624  Assessment of residential property.-
33     (1)  For the purposes of this section:
34     (a)  "Changes or improvements made for the purpose of
35improving a property's resistance to wind damage" means:
36     1.  Improving the strength of the roof-deck attachment;
37     2.  Creating a secondary water barrier to prevent water
38intrusion;
39     3.  Installing wind-resistant shingles;
40     4.  Installing gable-end bracing;
41     5.  Reinforcing roof-to-wall connections;
42     6.  Installing storm shutters; or
43     7.  Installing opening protections.
44     (b)  "Renewable energy source device" means any of the
45following equipment that collects, transmits, stores, or uses
46solar energy, wind energy, or energy derived from geothermal
47deposits:
48     1.  Solar energy collectors, photovoltaic modules, and
49inverters.
50     2.  Storage tanks and other storage systems, excluding
51swimming pools used as storage tanks.
52     3.  Rockbeds.
53     4.  Thermostats and other control devices.
54     5.  Heat exchange devices.
55     6.  Pumps and fans.
56     7.  Roof ponds.
57     8.  Freestanding thermal containers.
58     9.  Pipes, ducts, refrigerant handling systems, and other
59equipment used to interconnect such systems; however, such
60equipment does not include conventional backup systems of any
61type.
62     10.  Windmills and wind turbines.
63     11.  Wind-driven generators.
64     12.  Power conditioning and storage devices that use wind
65energy to generate electricity or mechanical forms of energy.
66     13.  Pipes and other equipment used to transmit hot
67geothermal water to a dwelling or structure from a geothermal
68deposit.
69     (2)  In determining the assessed value of real property
70used for residential purposes, the just value of changes or
71improvements made for the purpose of improving a property's
72resistance to wind damage and the just value of renewable energy
73source devices shall not be added to the assessed value as
74limited by s. 193.155 or s. 193.1554.
75     (3)  The assessed value of real property used for
76residential purposes shall not exceed the total just value of
77the property minus the combined just values of changes or
78improvements made for the purpose of improving a property's
79resistance to wind damage and renewable energy source devices.
80     (4)  This section applies to new and existing construction
81used for residential purposes.
82     (5)  A parcel of residential property may not be assessed
83pursuant to this section unless an application is filed on or
84before March 1 of the first year the property owner claims the
85assessment reduction for renewable energy source devices or
86changes or improvements made for the purpose of improving the
87property's resistance to wind damage. The property appraiser may
88require the taxpayer or the taxpayer's representative to furnish
89the property appraiser such information as may reasonably be
90required to establish the just value of the renewable energy
91source devices or changes or improvements made for the purpose
92of improving the property's resistance to wind damage. Failure
93to make timely application by March 1 shall constitute a waiver
94of the property owner to have his or her assessment calculated
95under this section. However, an applicant who fails to file an
96application by March 1 may file a late application and may file,
97pursuant to s. 194.011(3), a petition with the value adjustment
98board requesting assessment under this section. The petition
99must be filed on or before the 25th day after the mailing of the
100notice by the property appraiser as provided in s. 194.011(1).
101Notwithstanding s. 194.013, the applicant must pay a
102nonrefundable fee of $15 upon filing the petition. Upon
103reviewing the petition, if the property is qualified to be
104assessed under this section and the property owner demonstrates
105particular extenuating circumstances judged by the property
106appraiser or the value adjustment board to warrant granting
107assessment under this section, the property appraiser shall
108calculate the assessment in accordance with this section.
109     Section 6.  Paragraph (a) of subsection (4) of section
110193.155, Florida Statutes, is amended to read:
111     193.155  Homestead assessments.-Homestead property shall be
112assessed at just value as of January 1, 1994. Property receiving
113the homestead exemption after January 1, 1994, shall be assessed
114at just value as of January 1 of the year in which the property
115receives the exemption unless the provisions of subsection (8)
116apply.
117     (4)(a)  Except as provided in paragraph (b) and s. 193.624,
118changes, additions, or improvements to homestead property shall
119be assessed at just value as of the first January 1 after the
120changes, additions, or improvements are substantially completed.
121     Section 7.  Subsection (1), paragraph (a) of subsection
122(6), and subsection (7) of section 193.1554, Florida Statutes,
123are amended to read:
124     193.1554  Assessment of nonhomestead residential property.-
125     (1)  As used in this section, the term:
126     (a)  "Nonhomestead residential property" means residential
127real property that contains nine or fewer dwelling units,
128including vacant property zoned and platted for residential use,
129and that does not receive the exemption under s. 196.031.
130     (b)  "Placed on the tax roll" means the year any property,
131as of January 1, becomes eligible for assessment under this
132section and either becomes a nonhomestead property or property
133that has been combined or divided.
134     (6)(a)  Except as provided in paragraph (b) and s. 193.624,
135changes, additions, or improvements to nonhomestead residential
136property shall be assessed at just value as of the first January
1371 after the changes, additions, or improvements are
138substantially completed.
139     (7)  Any property that is combined or divided after January
1401 and included as a combined or divided parcel on the tax notice
141shall receive any current assessment limitation on the newly
142combined parcel or parcels or have any current assessment
143limitation apportioned among the newly created parcel or
144parcels, and the property may not be considered combined or
145divided for purposes of this section until the following January
1461, when the parcel or parcels shall be considered placed on the
147tax roll as a combined or divided parcel or parcels. Any
148increase in the value of property assessed under this section
149which is attributable to combining or dividing parcels shall be
150assessed at just value, and the just value shall be apportioned
151among the parcels created.
152     Section 8.  Subsections (1) and (7) of section 193.1555,
153Florida Statutes, are amended to read:
154     193.1555  Assessment of certain residential and
155nonresidential real property.-
156     (1)  As used in this section, the term:
157     (a)  "Nonresidential real property" means real property
158that is not subject to the assessment limitations set forth in
159s. 4(a), (c), (d), or (g), Art. VII of the State Constitution.
160     (b)  "Improvement" means an addition or change to land or
161buildings which increases their value and is more than a repair
162or a replacement.
163     (c)  "Placed on the tax roll" means the year any property,
164as of January 1, becomes eligible for assessment under this
165section and either becomes a nonhomestead property or property
166that has been combined or divided.
167     (7)  Any property that is combined or divided after January
1681 and included as a combined or divided parcel on the tax notice
169shall receive any current assessment limitation on the newly
170combined parcel or parcels or have any current assessment
171limitation apportioned among the newly created parcel or
172parcels, and the property may not be considered combined or
173divided for purposes of this section until the following January
1741, when the parcel or parcels shall be considered placed on the
175tax roll as a combined or divided parcel or parcels. Any
176increase in the value of property assessed under this section
177which is attributable to combining or dividing parcels shall be
178assessed at just value, and the just value shall be apportioned
179among the parcels created.
180     Section 9.  Subsections (14) through (20) of section
181196.012, Florida Statutes, are amended to read:
182     196.012  Definitions.-For the purpose of this chapter, the
183following terms are defined as follows, except where the context
184clearly indicates otherwise:
185     (14)  "Renewable energy source device" or "device" means
186any of the following equipment which, when installed in
187connection with a dwelling unit or other structure, collects,
188transmits, stores, or uses solar energy, wind energy, or energy
189derived from geothermal deposits:
190     (a)  Solar energy collectors.
191     (b)  Storage tanks and other storage systems, excluding
192swimming pools used as storage tanks.
193     (c)  Rockbeds.
194     (d)  Thermostats and other control devices.
195     (e)  Heat exchange devices.
196     (f)  Pumps and fans.
197     (g)  Roof ponds.
198     (h)  Freestanding thermal containers.
199     (i)  Pipes, ducts, refrigerant handling systems, and other
200equipment used to interconnect such systems; however,
201conventional backup systems of any type are not included in this
202definition.
203     (j)  Windmills.
204     (k)  Wind-driven generators.
205     (l)  Power conditioning and storage devices that use wind
206energy to generate electricity or mechanical forms of energy.
207     (m)  Pipes and other equipment used to transmit hot
208geothermal water to a dwelling or structure from a geothermal
209deposit.
210     (14)(15)  "New business" means:
211     (a)1.  A business establishing 10 or more jobs to employ 10
212or more full-time employees in this state, which manufactures,
213processes, compounds, fabricates, or produces for sale items of
214tangible personal property at a fixed location and which
215comprises an industrial or manufacturing plant;
216     2.  A business establishing 25 or more jobs to employ 25 or
217more full-time employees in this state, the sales factor of
218which, as defined by s. 220.15(5), for the facility with respect
219to which it requests an economic development ad valorem tax
220exemption is less than 0.50 for each year the exemption is
221claimed; or
222     3.  An office space in this state owned and used by a
223corporation newly domiciled in this state; provided such office
224space houses 50 or more full-time employees of such corporation;
225provided that such business or office first begins operation on
226a site clearly separate from any other commercial or industrial
227operation owned by the same business.
228     (b)  Any business located in an enterprise zone or
229brownfield area that first begins operation on a site clearly
230separate from any other commercial or industrial operation owned
231by the same business.
232     (c)  A business that is situated on property annexed into a
233municipality and that, at the time of the annexation, is
234receiving an economic development ad valorem tax exemption from
235the county under s. 196.1995.
236     (15)(16)  "Expansion of an existing business" means:
237     (a)1.  A business establishing 10 or more jobs to employ 10
238or more full-time employees in this state, which manufactures,
239processes, compounds, fabricates, or produces for sale items of
240tangible personal property at a fixed location and which
241comprises an industrial or manufacturing plant; or
242     2.  A business establishing 25 or more jobs to employ 25 or
243more full-time employees in this state, the sales factor of
244which, as defined by s. 220.15(5), for the facility with respect
245to which it requests an economic development ad valorem tax
246exemption is less than 0.50 for each year the exemption is
247claimed; provided that such business increases operations on a
248site colocated with a commercial or industrial operation owned
249by the same business, resulting in a net increase in employment
250of not less than 10 percent or an increase in productive output
251of not less than 10 percent.
252     (b)  Any business located in an enterprise zone or
253brownfield area that increases operations on a site colocated
254with a commercial or industrial operation owned by the same
255business.
256     (16)(17)  "Permanent resident" means a person who has
257established a permanent residence as defined in subsection (17)
258(18).
259     (17)(18)  "Permanent residence" means that place where a
260person has his or her true, fixed, and permanent home and
261principal establishment to which, whenever absent, he or she has
262the intention of returning. A person may have only one permanent
263residence at a time; and, once a permanent residence is
264established in a foreign state or country, it is presumed to
265continue until the person shows that a change has occurred.
266     (18)(19)  "Enterprise zone" means an area designated as an
267enterprise zone pursuant to s. 290.0065. This subsection expires
268on the date specified in s. 290.016 for the expiration of the
269Florida Enterprise Zone Act.
270     (19)(20)  "Ex-servicemember" means any person who has
271served as a member of the United States Armed Forces on active
272duty or state active duty, a member of the Florida National
273Guard, or a member of the United States Reserve Forces.
274     Section 10.  Subsection (2) of section 196.121, Florida
275Statutes, is amended to read:
276     196.121  Homestead exemptions; forms.-
277     (2)  The forms shall require the taxpayer to furnish
278certain information to the property appraiser for the purpose of
279determining that the taxpayer is a permanent resident as defined
280in s. 196.012(16)(17). Such information may include, but need
281not be limited to, the factors enumerated in s. 196.015.
282     Section 11.  Subsection (6), paragraph (d) of subsection
283(8), paragraph (d) of subsection (9), and paragraph (d) of
284subsection (10) of section 196.1995, Florida Statutes, are
285amended to read:
286     196.1995  Economic development ad valorem tax exemption.-
287     (6)  With respect to a new business as defined by s.
288196.012(14)(15)(c), the municipality annexing the property on
289which the business is situated may grant an economic development
290ad valorem tax exemption under this section to that business for
291a period that will expire upon the expiration of the exemption
292granted by the county. If the county renews the exemption under
293subsection (7), the municipality may also extend its exemption.
294A municipal economic development ad valorem tax exemption
295granted under this subsection may not extend beyond the duration
296of the county exemption.
297     (8)  Any person, firm, or corporation which desires an
298economic development ad valorem tax exemption shall, in the year
299the exemption is desired to take effect, file a written
300application on a form prescribed by the department with the
301board of county commissioners or the governing authority of the
302municipality, or both. The application shall request the
303adoption of an ordinance granting the applicant an exemption
304pursuant to this section and shall include the following
305information:
306     (d)  Proof, to the satisfaction of the board of county
307commissioners or the governing authority of the municipality,
308that the applicant is a new business or an expansion of an
309existing business, as defined in s. 196.012(15) or (16); and
310     (9)  Before it takes action on the application, the board
311of county commissioners or the governing authority of the
312municipality shall deliver a copy of the application to the
313property appraiser of the county. After careful consideration,
314the property appraiser shall report the following information to
315the board of county commissioners or the governing authority of
316the municipality:
317     (d)  A determination as to whether the property for which
318an exemption is requested is to be incorporated into a new
319business or the expansion of an existing business, as defined in
320s. 196.012(15) or (16), or into neither, which determination the
321property appraiser shall also affix to the face of the
322application. Upon the request of the property appraiser, the
323department shall provide to him or her such information as it
324may have available to assist in making such determination.
325     (10)  An ordinance granting an exemption under this section
326shall be adopted in the same manner as any other ordinance of
327the county or municipality and shall include the following:
328     (d)  A finding that the business named in the ordinance
329meets the requirements of s. 196.012(14)(15) or (15) (16).
330     Section 12.  Section 196.175, Florida Statutes, is
331repealed.
332     Section 13.  Sections 4 through 12 of this act apply to
333assessments beginning January 1, 2012.
334
335
336
337
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338
T I T L E  A M E N D M E N T
339     Remove line 27 and insert:
340applicability; amending s. 193.114, F.S.; limiting a review of
341changes to the assessed or taxable value of real property
342resulting from certain informal conferences to a review by the
343Department of Revenue; creating s. 193.624, F.S.; providing
344definitions; prohibiting adding the value of certain
345improvements to the assessed value of certain real property;
346providing a limitation on the assessed value of certain real
347property; providing application; providing procedural
348requirements and limitations; requiring a nonrefundable filing
349fee; amending s. 193.155, F.S.; specifying additional exceptions
350to assessments of homestead property at just value; amending ss.
351193.1554 and 193.1555, F.S.; specifying additional exceptions to
352assessments of nonhomestead property at just value; defining the
353term "placed on the tax roll"; clarifying when divided or
354combined parcels become eligible for certain assessments;
355amending s. 196.012, F.S.; deleting a definition; conforming a
356cross-reference; amending ss. 196.121 and 196.1995, F.S.;
357conforming cross-references; repealing s. 196.175, F.S.,
358relating to the renewable energy source property tax exemption;
359providing for application; providing an effective date.


CODING: Words stricken are deletions; words underlined are additions.