Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 1654 Ì780768VÎ780768 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/17/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Amendment (with title amendment) 2 3 Before line 57 4 insert: 5 Section 1. Subsection (5) of section 196.1995, Florida 6 Statutes, is amended to read: 7 196.1995 Economic development ad valorem tax exemption.— 8 (5) Upon a majority vote in favor of such authority, the 9 board of county commissioners or the governing authority of the 10 municipality, at its discretion, may, by ordinance,mayexempt 11 from ad valorem taxation up to 100 percent of the assessed value 12 of all improvements to real property made by or for the use of a 13 new business and of all tangible personal property of such new 14 business, or up to 100 percent of the assessed value of all 15 added improvements to real property made to facilitate the 16 expansion of an existing business and of the net increase in all 17 tangible personal property acquired to facilitate such expansion 18 of an existing business. To qualify for the exemption,provided19thatthe improvements to real property must bearemade or the 20 tangible personal property must beisadded or increased after 21 approval by motion or resolution of the local governing body, 22 subject to the adoption of the ordinance, or on or after the day 23 the ordinance is adopted. However, if the authority to grant 24 exemptions is approved in a referendum in which the ballot 25 question contained in subsection (3) appears on the ballot, the 26 authority of the board of county commissioners or the governing 27 authority of the municipality to grant exemptions is limited 28 solely to new businesses and expansions of existing businesses 29 that are located in an enterprise zone or brownfield area. 30 Property acquired to replace existing property isshallnotbe31 considered to facilitate a business expansion. The exemption 32 applies only to taxes levied by the respective unit of 33 government granting the exemption. The exemption does not apply, 34 however, to taxes levied for the payment of bonds or to taxes 35 authorized by a vote of the electors pursuant to s. 9(b) or s. 36 12, Art. VII of the State Constitution. Any such exemption shall 37 remain in effect for up to 10 years with respect to any 38 particular facility, regardless of any change in the authority 39 of the county or municipality to grant such exemptions. The 40 exemption mayshallnot be prolonged or extended by granting 41 exemptions from additional taxes or by virtue of aany42 reorganization or sale of the business receiving the exemption. 43 Section 2. A local ordinance enacted pursuant to s. 44 196.1995, Florida Statutes, before the effective date of this 45 act may not be invalidated on the ground that improvements to 46 real property were made or that tangible personal property was 47 added or increased before the date that such ordinance was 48 adopted if the local governing body acted substantially in 49 accordance with s. 196.1995(5), Florida Statutes, as amended by 50 this act. 51 52 ================= T I T L E A M E N D M E N T ================ 53 And the title is amended as follows: 54 Delete line 2 55 and insert: 56 An act relating to tax administration; amending s. 57 196.1995, F.S.; requiring certain real property 58 improvements and tangible personal property additions 59 to occur within a specified period in order to qualify 60 for a specified ad valorem tax exemption; providing 61 that certain local ordinances conveying ad valorem tax 62 exemptions may not be invalidated if the local 63 governing body acted in accordance with this act; 64 amending s.