Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. HB 7099, 2nd Eng.
       
       
       
       
       
       
                                Ì4532844Î453284                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/02/2016           .                                
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       The Committee on Appropriations (Negron) recommended the
       following:
       
    1         Senate Amendment to Amendment (941552) (with title
    2  amendment)
    3  
    4         Between lines 4 and 5
    5  insert:
    6         Section 1. Effective upon this act becoming a law,
    7  subsections (5) and (11) of section 196.1995, Florida Statutes,
    8  are amended to read:
    9         196.1995 Economic development ad valorem tax exemption.—
   10         (5) Upon a majority vote in favor of such authority, the
   11  board of county commissioners or the governing authority of the
   12  municipality, at its discretion, by ordinance may exempt from ad
   13  valorem taxation up to 100 percent of the assessed value of all
   14  improvements to real property made by or for the use of a new
   15  business and of all tangible personal property of such new
   16  business, or up to 100 percent of the assessed value of all
   17  added improvements to real property made to facilitate the
   18  expansion of an existing business and of the net increase in all
   19  tangible personal property acquired to facilitate such expansion
   20  of an existing business. To qualify for this exemption, the
   21  improvements to real property must be made or the tangible
   22  personal property must be added or increased after approval by
   23  motion or resolution of the local governing body, subject to
   24  ordinance adoption or on or after the day the ordinance is
   25  adopted. However, if the authority to grant exemptions is
   26  approved in a referendum in which the ballot question contained
   27  in subsection (3) appears on the ballot, the authority of the
   28  board of county commissioners or the governing authority of the
   29  municipality to grant exemptions is limited solely to new
   30  businesses and expansions of existing businesses that are
   31  located in an enterprise zone or brownfield area. Property
   32  acquired to replace existing property shall not be considered to
   33  facilitate a business expansion. All data center equipment for a
   34  qualifying data center shall be exempt from ad valorem taxation
   35  for the term of the approved exemption. The exemption applies
   36  only to taxes levied by the respective unit of government
   37  granting the exemption. The exemption does not apply, however,
   38  to taxes levied for the payment of bonds or to taxes authorized
   39  by a vote of the electors pursuant to s. 9(b) or s. 12, Art. VII
   40  of the State Constitution. Any such exemption shall remain in
   41  effect for up to 10 years with respect to any particular
   42  facility, or up to 20 years for a qualifying data center,
   43  regardless of any change in the authority of the county or
   44  municipality to grant such exemptions. The exemption shall not
   45  be prolonged or extended by granting exemptions from additional
   46  taxes or by virtue of any reorganization or sale of the business
   47  receiving the exemption.
   48         (11) An ordinance granting an exemption under this section
   49  shall be adopted in the same manner as any other ordinance of
   50  the county or municipality and shall include the following:
   51         (a) The name and address of the new business or expansion
   52  of an existing business to which the exemption is granted;
   53         (b) The total amount of revenue available to the county or
   54  municipality from ad valorem tax sources for the current fiscal
   55  year, the total amount of revenue lost to the county or
   56  municipality for the current fiscal year by virtue of economic
   57  development ad valorem tax exemptions currently in effect, and
   58  the estimated revenue loss to the county or municipality for the
   59  current fiscal year attributable to the exemption of the
   60  business named in the ordinance;
   61         (c) The period of time for which the exemption will remain
   62  in effect and the expiration date of the exemption, which may be
   63  any period of time up to 10 years, or up to 20 years for a
   64  qualifying data center; and
   65         (d) A finding that the business named in the ordinance
   66  meets the requirements of s. 196.012(14) or (15).
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete line 371
   71  and insert:
   72         An act relating to taxation; amending s. 196.1995,
   73         F.S.; providing applicability of an economic
   74         development ad valorem tax exemption to qualifying
   75         data centers; amending s. 212.08, F.S.;