1 | Representative Frishe offered the following: |
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3 | Amendment (with title amendment) |
4 | Between lines 117 and 118, insert: |
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6 | Section 4. Subsection (4) of section 193.114, Florida |
7 | Statutes, is amended to read: |
8 | 193.114 Preparation of assessment rolls.- |
9 | (4)(a) For every change made to the assessed or taxable |
10 | value of a parcel on an assessment roll subsequent to the |
11 | mailing of the notice provided for in s. 200.069, the property |
12 | appraiser shall document the reason for such change in the |
13 | public records of the office of the property appraiser in a |
14 | manner acceptable to the executive director or the executive |
15 | director's designee. For every change made to the assessed or |
16 | taxable value of a parcel on the assessment roll as the result |
17 | of an informal conference under s. 194.011(2), only the |
18 | department may review whether such changes are consistent with |
19 | the law. |
20 | (b) For every change that decreases the assessed or |
21 | taxable value of a parcel on an assessment roll between the time |
22 | of complete submission of the tax roll pursuant to s. |
23 | 193.1142(3) and mailing of the notice provided for in s. |
24 | 200.069, the property appraiser shall document the reason for |
25 | such change in the public records of the office of the property |
26 | appraiser in a manner acceptable to the executive director or |
27 | the executive director's designee. Changes made by the value |
28 | adjustment board are not subject to the requirements of this |
29 | subsection. |
30 | Section 5. Section 193.624, Florida Statutes, is created |
31 | to 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 |
35 | improving 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 |
38 | intrusion; |
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 |
45 | following equipment that collects, transmits, stores, or uses |
46 | solar energy, wind energy, or energy derived from geothermal |
47 | deposits: |
48 | 1. Solar energy collectors, photovoltaic modules, and |
49 | inverters. |
50 | 2. Storage tanks and other storage systems, excluding |
51 | swimming 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 |
59 | equipment used to interconnect such systems; however, such |
60 | equipment does not include conventional backup systems of any |
61 | type. |
62 | 10. Windmills and wind turbines. |
63 | 11. Wind-driven generators. |
64 | 12. Power conditioning and storage devices that use wind |
65 | energy to generate electricity or mechanical forms of energy. |
66 | 13. Pipes and other equipment used to transmit hot |
67 | geothermal water to a dwelling or structure from a geothermal |
68 | deposit. |
69 | (2) In determining the assessed value of real property |
70 | used for residential purposes, the just value of changes or |
71 | improvements made for the purpose of improving a property's |
72 | resistance to wind damage and the just value of renewable energy |
73 | source devices shall not be added to the assessed value as |
74 | limited by s. 193.155 or s. 193.1554. |
75 | (3) The assessed value of real property used for |
76 | residential purposes shall not exceed the total just value of |
77 | the property minus the combined just values of changes or |
78 | improvements made for the purpose of improving a property's |
79 | resistance to wind damage and renewable energy source devices. |
80 | (4) This section applies to new and existing construction |
81 | used for residential purposes. |
82 | (5) A parcel of residential property may not be assessed |
83 | pursuant to this section unless an application is filed on or |
84 | before March 1 of the first year the property owner claims the |
85 | assessment reduction for renewable energy source devices or |
86 | changes or improvements made for the purpose of improving the |
87 | property's resistance to wind damage. The property appraiser may |
88 | require the taxpayer or the taxpayer's representative to furnish |
89 | the property appraiser such information as may reasonably be |
90 | required to establish the just value of the renewable energy |
91 | source devices or changes or improvements made for the purpose |
92 | of improving the property's resistance to wind damage. Failure |
93 | to make timely application by March 1 shall constitute a waiver |
94 | of the property owner to have his or her assessment calculated |
95 | under this section. However, an applicant who fails to file an |
96 | application by March 1 may file a late application and may file, |
97 | pursuant to s. 194.011(3), a petition with the value adjustment |
98 | board requesting assessment under this section. The petition |
99 | must be filed on or before the 25th day after the mailing of the |
100 | notice by the property appraiser as provided in s. 194.011(1). |
101 | Notwithstanding s. 194.013, the applicant must pay a |
102 | nonrefundable fee of $15 upon filing the petition. Upon |
103 | reviewing the petition, if the property is qualified to be |
104 | assessed under this section and the property owner demonstrates |
105 | particular extenuating circumstances judged by the property |
106 | appraiser or the value adjustment board to warrant granting |
107 | assessment under this section, the property appraiser shall |
108 | calculate the assessment in accordance with this section. |
109 | Section 6. Paragraph (a) of subsection (4) of section |
110 | 193.155, Florida Statutes, is amended to read: |
111 | 193.155 Homestead assessments.-Homestead property shall be |
112 | assessed at just value as of January 1, 1994. Property receiving |
113 | the homestead exemption after January 1, 1994, shall be assessed |
114 | at just value as of January 1 of the year in which the property |
115 | receives the exemption unless the provisions of subsection (8) |
116 | apply. |
117 | (4)(a) Except as provided in paragraph (b) and s. 193.624, |
118 | changes, additions, or improvements to homestead property shall |
119 | be assessed at just value as of the first January 1 after the |
120 | changes, 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, |
123 | are 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 |
127 | real property that contains nine or fewer dwelling units, |
128 | including vacant property zoned and platted for residential use, |
129 | and that does not receive the exemption under s. 196.031. |
130 | (b) "Placed on the tax roll" means the year any property, |
131 | as of January 1, becomes eligible for assessment under this |
132 | section and either becomes a nonhomestead property or property |
133 | that has been combined or divided. |
134 | (6)(a) Except as provided in paragraph (b) and s. 193.624, |
135 | changes, additions, or improvements to nonhomestead residential |
136 | property shall be assessed at just value as of the first January |
137 | 1 after the changes, additions, or improvements are |
138 | substantially completed. |
139 | (7) Any property that is combined or divided after January |
140 | 1 and included as a combined or divided parcel on the tax notice |
141 | shall receive any current assessment limitation on the newly |
142 | combined parcel or parcels or have any current assessment |
143 | limitation apportioned among the newly created parcel or |
144 | parcels, and the property may not be considered combined or |
145 | divided for purposes of this section until the following January |
146 | 1, when the parcel or parcels shall be considered placed on the |
147 | tax roll as a combined or divided parcel or parcels. Any |
148 | increase in the value of property assessed under this section |
149 | which is attributable to combining or dividing parcels shall be |
150 | assessed at just value, and the just value shall be apportioned |
151 | among the parcels created. |
152 | Section 8. Subsections (1) and (7) of section 193.1555, |
153 | Florida Statutes, are amended to read: |
154 | 193.1555 Assessment of certain residential and |
155 | nonresidential real property.- |
156 | (1) As used in this section, the term: |
157 | (a) "Nonresidential real property" means real property |
158 | that is not subject to the assessment limitations set forth in |
159 | s. 4(a), (c), (d), or (g), Art. VII of the State Constitution. |
160 | (b) "Improvement" means an addition or change to land or |
161 | buildings which increases their value and is more than a repair |
162 | or a replacement. |
163 | (c) "Placed on the tax roll" means the year any property, |
164 | as of January 1, becomes eligible for assessment under this |
165 | section and either becomes a nonhomestead property or property |
166 | that has been combined or divided. |
167 | (7) Any property that is combined or divided after January |
168 | 1 and included as a combined or divided parcel on the tax notice |
169 | shall receive any current assessment limitation on the newly |
170 | combined parcel or parcels or have any current assessment |
171 | limitation apportioned among the newly created parcel or |
172 | parcels, and the property may not be considered combined or |
173 | divided for purposes of this section until the following January |
174 | 1, when the parcel or parcels shall be considered placed on the |
175 | tax roll as a combined or divided parcel or parcels. Any |
176 | increase in the value of property assessed under this section |
177 | which is attributable to combining or dividing parcels shall be |
178 | assessed at just value, and the just value shall be apportioned |
179 | among the parcels created. |
180 | Section 9. Subsections (14) through (20) of section |
181 | 196.012, Florida Statutes, are amended to read: |
182 | 196.012 Definitions.-For the purpose of this chapter, the |
183 | following terms are defined as follows, except where the context |
184 | clearly indicates otherwise: |
185 | (14) "Renewable energy source device" or "device" means |
186 | any of the following equipment which, when installed in |
187 | connection with a dwelling unit or other structure, collects, |
188 | transmits, stores, or uses solar energy, wind energy, or energy |
189 | derived from geothermal deposits: |
190 | (a) Solar energy collectors. |
191 | (b) Storage tanks and other storage systems, excluding |
192 | swimming 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 |
200 | equipment used to interconnect such systems; however, |
201 | conventional backup systems of any type are not included in this |
202 | definition. |
203 | (j) Windmills. |
204 | (k) Wind-driven generators. |
205 | (l) Power conditioning and storage devices that use wind |
206 | energy to generate electricity or mechanical forms of energy. |
207 | (m) Pipes and other equipment used to transmit hot |
208 | geothermal water to a dwelling or structure from a geothermal |
209 | deposit. |
210 | (14)(15) "New business" means: |
211 | (a)1. A business establishing 10 or more jobs to employ 10 |
212 | or more full-time employees in this state, which manufactures, |
213 | processes, compounds, fabricates, or produces for sale items of |
214 | tangible personal property at a fixed location and which |
215 | comprises an industrial or manufacturing plant; |
216 | 2. A business establishing 25 or more jobs to employ 25 or |
217 | more full-time employees in this state, the sales factor of |
218 | which, as defined by s. 220.15(5), for the facility with respect |
219 | to which it requests an economic development ad valorem tax |
220 | exemption is less than 0.50 for each year the exemption is |
221 | claimed; or |
222 | 3. An office space in this state owned and used by a |
223 | corporation newly domiciled in this state; provided such office |
224 | space houses 50 or more full-time employees of such corporation; |
225 | provided that such business or office first begins operation on |
226 | a site clearly separate from any other commercial or industrial |
227 | operation owned by the same business. |
228 | (b) Any business located in an enterprise zone or |
229 | brownfield area that first begins operation on a site clearly |
230 | separate from any other commercial or industrial operation owned |
231 | by the same business. |
232 | (c) A business that is situated on property annexed into a |
233 | municipality and that, at the time of the annexation, is |
234 | receiving an economic development ad valorem tax exemption from |
235 | the 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 |
238 | or more full-time employees in this state, which manufactures, |
239 | processes, compounds, fabricates, or produces for sale items of |
240 | tangible personal property at a fixed location and which |
241 | comprises an industrial or manufacturing plant; or |
242 | 2. A business establishing 25 or more jobs to employ 25 or |
243 | more full-time employees in this state, the sales factor of |
244 | which, as defined by s. 220.15(5), for the facility with respect |
245 | to which it requests an economic development ad valorem tax |
246 | exemption is less than 0.50 for each year the exemption is |
247 | claimed; provided that such business increases operations on a |
248 | site colocated with a commercial or industrial operation owned |
249 | by the same business, resulting in a net increase in employment |
250 | of not less than 10 percent or an increase in productive output |
251 | of not less than 10 percent. |
252 | (b) Any business located in an enterprise zone or |
253 | brownfield area that increases operations on a site colocated |
254 | with a commercial or industrial operation owned by the same |
255 | business. |
256 | (16)(17) "Permanent resident" means a person who has |
257 | established a permanent residence as defined in subsection (17) |
258 | (18). |
259 | (17)(18) "Permanent residence" means that place where a |
260 | person has his or her true, fixed, and permanent home and |
261 | principal establishment to which, whenever absent, he or she has |
262 | the intention of returning. A person may have only one permanent |
263 | residence at a time; and, once a permanent residence is |
264 | established in a foreign state or country, it is presumed to |
265 | continue until the person shows that a change has occurred. |
266 | (18)(19) "Enterprise zone" means an area designated as an |
267 | enterprise zone pursuant to s. 290.0065. This subsection expires |
268 | on the date specified in s. 290.016 for the expiration of the |
269 | Florida Enterprise Zone Act. |
270 | (19)(20) "Ex-servicemember" means any person who has |
271 | served as a member of the United States Armed Forces on active |
272 | duty or state active duty, a member of the Florida National |
273 | Guard, or a member of the United States Reserve Forces. |
274 | Section 10. Subsection (2) of section 196.121, Florida |
275 | Statutes, is amended to read: |
276 | 196.121 Homestead exemptions; forms.- |
277 | (2) The forms shall require the taxpayer to furnish |
278 | certain information to the property appraiser for the purpose of |
279 | determining that the taxpayer is a permanent resident as defined |
280 | in s. 196.012(16)(17). Such information may include, but need |
281 | not 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 |
284 | subsection (10) of section 196.1995, Florida Statutes, are |
285 | amended to read: |
286 | 196.1995 Economic development ad valorem tax exemption.- |
287 | (6) With respect to a new business as defined by s. |
288 | 196.012(14)(15)(c), the municipality annexing the property on |
289 | which the business is situated may grant an economic development |
290 | ad valorem tax exemption under this section to that business for |
291 | a period that will expire upon the expiration of the exemption |
292 | granted by the county. If the county renews the exemption under |
293 | subsection (7), the municipality may also extend its exemption. |
294 | A municipal economic development ad valorem tax exemption |
295 | granted under this subsection may not extend beyond the duration |
296 | of the county exemption. |
297 | (8) Any person, firm, or corporation which desires an |
298 | economic development ad valorem tax exemption shall, in the year |
299 | the exemption is desired to take effect, file a written |
300 | application on a form prescribed by the department with the |
301 | board of county commissioners or the governing authority of the |
302 | municipality, or both. The application shall request the |
303 | adoption of an ordinance granting the applicant an exemption |
304 | pursuant to this section and shall include the following |
305 | information: |
306 | (d) Proof, to the satisfaction of the board of county |
307 | commissioners or the governing authority of the municipality, |
308 | that the applicant is a new business or an expansion of an |
309 | existing business, as defined in s. 196.012(15) or (16); and |
310 | (9) Before it takes action on the application, the board |
311 | of county commissioners or the governing authority of the |
312 | municipality shall deliver a copy of the application to the |
313 | property appraiser of the county. After careful consideration, |
314 | the property appraiser shall report the following information to |
315 | the board of county commissioners or the governing authority of |
316 | the municipality: |
317 | (d) A determination as to whether the property for which |
318 | an exemption is requested is to be incorporated into a new |
319 | business or the expansion of an existing business, as defined in |
320 | s. 196.012(15) or (16), or into neither, which determination the |
321 | property appraiser shall also affix to the face of the |
322 | application. Upon the request of the property appraiser, the |
323 | department shall provide to him or her such information as it |
324 | may have available to assist in making such determination. |
325 | (10) An ordinance granting an exemption under this section |
326 | shall be adopted in the same manner as any other ordinance of |
327 | the county or municipality and shall include the following: |
328 | (d) A finding that the business named in the ordinance |
329 | meets the requirements of s. 196.012(14)(15) or (15) (16). |
330 | Section 12. Section 196.175, Florida Statutes, is |
331 | repealed. |
332 | Section 13. Sections 4 through 12 of this act apply to |
333 | assessments beginning January 1, 2012. |
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337 | ----------------------------------------------------- |
338 | T I T L E A M E N D M E N T |
339 | Remove line 27 and insert: |
340 | applicability; amending s. 193.114, F.S.; limiting a review of |
341 | changes to the assessed or taxable value of real property |
342 | resulting from certain informal conferences to a review by the |
343 | Department of Revenue; creating s. 193.624, F.S.; providing |
344 | definitions; prohibiting adding the value of certain |
345 | improvements to the assessed value of certain real property; |
346 | providing a limitation on the assessed value of certain real |
347 | property; providing application; providing procedural |
348 | requirements and limitations; requiring a nonrefundable filing |
349 | fee; amending s. 193.155, F.S.; specifying additional exceptions |
350 | to assessments of homestead property at just value; amending ss. |
351 | 193.1554 and 193.1555, F.S.; specifying additional exceptions to |
352 | assessments of nonhomestead property at just value; defining the |
353 | term "placed on the tax roll"; clarifying when divided or |
354 | combined parcels become eligible for certain assessments; |
355 | amending s. 196.012, F.S.; deleting a definition; conforming a |
356 | cross-reference; amending ss. 196.121 and 196.1995, F.S.; |
357 | conforming cross-references; repealing s. 196.175, F.S., |
358 | relating to the renewable energy source property tax exemption; |
359 | providing for application; providing an effective date. |