Florida Senate - 2015                              CS for SB 402
       
       
        
       By the Committee on Communications, Energy, and Public
       Utilities; and Senator Brandes
       
       
       
       
       579-02141-15                                           2015402c1
    1                        A bill to be entitled                      
    2         An act relating to renewable energy source devices;
    3         amending s. 193.624, F.S.; revising the term
    4         “renewable energy source device” to include certain
    5         devices that store or use solar energy, wind energy,
    6         or energy from geothermal deposits to generate
    7         specified forms of energy; specifying a period during
    8         which a property appraiser is prohibited from
    9         considering an increase in the just value of real
   10         property used for residential purposes which is
   11         attributable to the installation of a renewable energy
   12         source device; prohibiting consideration by a property
   13         appraiser of an increase in the just value of real
   14         property used for any purpose which is attributable to
   15         the installation of a renewable energy source device
   16         or of a component of such device on or after a
   17         specified date; creating s. 196.182, F.S.; exempting a
   18         renewable energy source device, or a component of such
   19         device, which is installed upon real property on or
   20         after a specified date from the tangible personal
   21         property tax; reenacting ss. 193.155(4)(a) and
   22         193.1554(6)(a), F.S., relating to homestead
   23         assessments and nonhomestead residential property
   24         assessments, respectively, to incorporate the
   25         amendment made to s. 193.624, F.S., in references
   26         thereto; providing that specified provisions of the
   27         act expire on a certain date; providing a contingent
   28         effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 193.624, Florida Statutes, is amended to
   33  read:
   34         193.624 Assessment of real residential property.—
   35         (1) As used in this section, the term “renewable energy
   36  source device” means any of the following equipment that
   37  collects, transmits, stores, or uses solar energy, wind energy,
   38  or energy derived from geothermal deposits:
   39         (a) Solar energy collectors, photovoltaic modules, and
   40  inverters.
   41         (b) Storage tanks and other storage systems, excluding
   42  swimming pools used as storage tanks.
   43         (c) Rockbeds.
   44         (d) Thermostats and other control devices.
   45         (e) Heat exchange devices.
   46         (f) Pumps and fans.
   47         (g) Roof ponds.
   48         (h) Freestanding thermal containers.
   49         (i) Pipes, ducts, refrigerant handling systems, and other
   50  equipment used to interconnect such systems; however, such
   51  equipment does not include conventional backup systems of any
   52  type.
   53         (j) Windmills and wind turbines.
   54         (k) Wind-driven generators.
   55         (l) Power conditioning and storage devices that store or
   56  use solar energy, wind energy, or energy derived from geothermal
   57  deposits to generate electricity or mechanical forms of energy.
   58         (m) Pipes and other equipment used to transmit hot
   59  geothermal water to a dwelling or structure from a geothermal
   60  deposit.
   61         (2) In determining the assessed value of new and existing
   62  real property used for:
   63         (a) Residential purposes, an increase in the just value of
   64  the property attributable to the installation of a renewable
   65  energy source device between January 1, 2013, and December 31,
   66  2016, may not be considered.
   67         (b)(3)Any purpose, an increase in the just value of the
   68  property attributable This section applies to the installation
   69  of a renewable energy source device or of a component of such
   70  device installed on or after January 1, 2017, may not be
   71  considered January 1, 2013, to new and existing residential real
   72  property.
   73         Section 2. Section 196.182, Florida Statutes, is created to
   74  read:
   75         196.182 Exemption of renewable energy source devices and
   76  components.—A renewable energy source device, as defined in s.
   77  193.624, or a component of such device, which is installed upon
   78  real property on or after January 1, 2017, is exempt from the
   79  tangible personal property tax.
   80         Section 3. For the purpose of incorporating the amendment
   81  made by this act to section 193.624, Florida Statutes, in a
   82  reference thereto, paragraph (a) of subsection (4) of section
   83  193.155, Florida Statutes, is reenacted to read:
   84         193.155 Homestead assessments.—Homestead property shall be
   85  assessed at just value as of January 1, 1994. Property receiving
   86  the homestead exemption after January 1, 1994, shall be assessed
   87  at just value as of January 1 of the year in which the property
   88  receives the exemption unless the provisions of subsection (8)
   89  apply.
   90         (4)(a) Except as provided in paragraph (b) and s. 193.624,
   91  changes, additions, or improvements to homestead property shall
   92  be assessed at just value as of the first January 1 after the
   93  changes, additions, or improvements are substantially completed.
   94         Section 4. For the purpose of incorporating the amendment
   95  made by this act to section 193.624, Florida Statutes, in a
   96  reference thereto, paragraph (a) of subsection (6) of section
   97  193.1554, Florida Statutes, is reenacted to read:
   98         193.1554 Assessment of nonhomestead residential property.—
   99         (6)(a) Except as provided in paragraph (b) and s. 193.624,
  100  changes, additions, or improvements to nonhomestead residential
  101  property shall be assessed at just value as of the first January
  102  1 after the changes, additions, or improvements are
  103  substantially completed.
  104         Section 5. The amendment made by this act to s. 193.624,
  105  Florida Statutes, expires December 31, 2036, and the text of
  106  that section shall revert to that in existence on December 31,
  107  2016, except that any amendments to such text enacted other than
  108  by this act shall be preserved and continue to operate to the
  109  extent that such amendments are not dependent upon the portion
  110  of text which expires pursuant to this section.
  111         Section 6. Section 196.182, Florida Statutes, as created by
  112  this act, expires December 31, 2036, and shall be repealed on
  113  that date.
  114         Section 7. This act shall take effect January 1, 2017, if
  115  CS for SJR 400, or a similar joint resolution having
  116  substantially the same specific intent and purpose, is approved
  117  by the electors at the general election to be held in November
  118  2016 or at an earlier special election specifically authorized
  119  by law for that purpose.