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.;