Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for SB 90
       
       
       
       
       
       
                                Ì469934KÎ469934                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 2/AD/2R         .                                
             04/27/2017 11:33 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Brandes moved the following:
       
    1         Senate Substitute for Amendment (227886) (with title
    2  amendment)
    3  
    4         Delete lines 22 - 103
    5  and insert:
    6         Section 1. Section 193.624, Florida Statutes, is amended to
    7  read:
    8         193.624 Assessment of renewable energy source devices
    9  residential property.—
   10         (1) As used in this section, the term “renewable energy
   11  source device” means any of the following equipment that
   12  collects, transmits, stores, or uses solar energy, wind energy,
   13  or energy derived from geothermal deposits:
   14         (a) Solar energy collectors, photovoltaic modules, and
   15  inverters.
   16         (b) Storage tanks and other storage systems, excluding
   17  swimming pools used as storage tanks.
   18         (c) Rockbeds.
   19         (d) Thermostats and other control devices.
   20         (e) Heat exchange devices.
   21         (f) Pumps and fans.
   22         (g) Roof ponds.
   23         (h) Freestanding thermal containers.
   24         (i) Pipes, ducts, wiring, structural supports, refrigerant
   25  handling systems, and other components equipment used as
   26  integral parts of to interconnect such systems; however, such
   27  equipment does not include conventional backup systems of any
   28  type or any equipment or structure that would be required in the
   29  absence of the renewable energy source device.
   30         (j) Windmills and wind turbines.
   31         (k) Wind-driven generators.
   32         (l) Power conditioning and storage devices that store or
   33  use solar energy, wind energy, or energy derived from geothermal
   34  deposits to generate electricity or mechanical forms of energy.
   35         (m) Pipes and other equipment used to transmit hot
   36  geothermal water to a dwelling or structure from a geothermal
   37  deposit.
   38  
   39  The term does not include equipment that is on the distribution
   40  or transmission side of the point at which a renewable energy
   41  source device is interconnected to an electric utility’s
   42  distribution grid or transmission lines.
   43         (2) In determining the assessed value of real property
   44  used:
   45         (a) For residential purposes, an increase in the just value
   46  of the property attributable to the installation of a renewable
   47  energy source device may not be considered.
   48         (b)For nonresidential purposes, 80 percent of the just
   49  value of the property attributable to a renewable energy source
   50  device may not be considered.
   51         (3) This section applies to the installation of a renewable
   52  energy source device installed on or after January 1, 2013, to
   53  new and existing residential real property. This section applies
   54  to a renewable energy source device installed on or after
   55  January 1, 2018, to all other real property, except when
   56  installed as part of a project planned for a location in a
   57  fiscally constrained county, as defined in s. 218.67(1), and for
   58  which an application for a comprehensive plan amendment or
   59  planned unit development zoning has been filed with the county
   60  on or before December 31, 2017.
   61         Section 2. The amendments made by this act to s. 193.624(2)
   62  and (3), Florida Statutes, expire December 31, 2037, and the
   63  text of those subsections shall revert to that in existence on
   64  December 31, 2017, except that any amendments to such text
   65  enacted other than by this act shall be preserved and continue
   66  to operate to the extent that such amendments are not dependent
   67  upon the portions of text which expire pursuant to this section.
   68         Section 3. Section 196.182, Florida Statutes, is created to
   69  read:
   70         196.182 Exemption of renewable energy source devices.—
   71         (1)Eighty percent of the assessed value of a renewable
   72  energy source device, as defined in s. 193.624, which is
   73  considered tangible personal property and which is installed on
   74  real property on or after January 1, 2018, or which was
   75  installed before January 1, 2018, if the renewable energy source
   76  device was installed to supply a municipal electric utility
   77  located within a consolidated government, is exempt from ad
   78  valorem taxation.
   79         (2) The exemption provided in this section does not apply
   80  to a renewable energy source device that is installed as part of
   81  a project planned for a location in a fiscally constrained
   82  county, as defined in s. 218.67(1), and for which an application
   83  for a comprehensive plan amendment or planned unit development
   84  zoning has been filed with the county on or before December 31,
   85  2017.
   86         (3)Notwithstanding this section, 80 percent of the
   87  assessed value of a renewable energy source device, as defined
   88  in s. 193.624, which is affixed to property owned or leased by
   89  the United States Department of Defense for the military is
   90  exempt from ad valorem taxation, including, but not limited to,
   91  the tangible personal property tax.
   92         (4)This section expires December 31, 2037.
   93         Section 4. For the purpose of incorporating the amendment
   94  made by this act to section 193.624, Florida Statutes, in a
   95  reference thereto, paragraph (a) of subsection (4) of section
   96  193.155, Florida Statutes, is reenacted to read:
   97         193.155 Homestead assessments.—Homestead property shall be
   98  assessed at just value as of January 1, 1994. Property receiving
   99  the homestead exemption after January 1, 1994, shall be assessed
  100  at just value as of January 1 of the year in which the property
  101  receives the exemption unless the provisions of subsection (8)
  102  apply.
  103         (4)(a) Except as provided in paragraph (b) and s. 193.624,
  104  changes, additions, or improvements to homestead property shall
  105  be assessed at just value as of the first January 1 after the
  106  changes, additions, or improvements are substantially completed.
  107         Section 5. For the purpose of incorporating the amendment
  108  made by this act to section 193.624, Florida Statutes, in a
  109  reference thereto, paragraph (a) of subsection (6) of section
  110  193.1554, Florida Statutes, is reenacted to read:
  111         193.1554 Assessment of nonhomestead residential property.—
  112         (6)(a) Except as provided in paragraph (b) and s. 193.624,
  113  changes, additions, or improvements to nonhomestead residential
  114  property shall be assessed at just value as of the first January
  115  1 after the changes, additions, or improvements are
  116  substantially completed.
  117  
  118  ================= T I T L E  A M E N D M E N T ================
  119  And the title is amended as follows:
  120         Delete lines 3 - 17
  121  and insert:
  122         amending s. 193.624, F.S.; revising the definition of
  123         the term “renewable energy source device”; prohibiting
  124         the consideration of just value of property
  125         attributable to a renewable energy source device in
  126         determining the assessed value of real property used
  127         for residential purposes; prohibiting the
  128         consideration of a specified percentage of the just
  129         value of property attributable to a renewable energy
  130         source device in determining the assessed value of
  131         real property used for nonresidential purposes;
  132         revising applicability; providing for expiration of
  133         specified amendments made by the act; creating s.
  134         196.182, F.S.; exempting a specified percentage of the
  135         assessed value of certain renewable energy source
  136         devices from ad valorem taxation; providing
  137         applicability; exempting a specified percentage of the
  138         assessed value of renewable energy source devices
  139         affixed to property owned or leased by the United
  140         States Department of Defense for the military from ad
  141         valorem taxation; providing for expiration; reenacting
  142         ss. 193.155(4)(a) and 193.1554(6)(a), F.S., relating
  143         to homestead assessments and nonhomestead residential
  144         property assessments, respectively, to incorporate the
  145         amendment made to s. 193.624, F.S., in references
  146         thereto;