Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. HB 7099, 2nd Eng. Ì4532844Î453284 LEGISLATIVE ACTION Senate . House Comm: WD . 03/02/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.;