CS for SB 90                                    First Engrossed 
       
       
       
       
       
       
       
       
       201790e1
       
    1                        A bill to be entitled                      
    2         An act relating to renewable energy source devices;
    3         amending s. 193.624, F.S.; revising the definition of
    4         the term “renewable energy source device”; prohibiting
    5         the consideration of just value of property
    6         attributable to a renewable energy source device in
    7         determining the assessed value of real property used
    8         for residential purposes; prohibiting the
    9         consideration of a specified percentage of the just
   10         value of property attributable to a renewable energy
   11         source device in determining the assessed value of
   12         real property used for nonresidential purposes;
   13         revising applicability; providing for expiration of
   14         specified amendments made by the act; creating s.
   15         196.182, F.S.; exempting a specified percentage of the
   16         assessed value of certain renewable energy source
   17         devices from ad valorem taxation; providing
   18         applicability; exempting a specified percentage of the
   19         assessed value of renewable energy source devices
   20         affixed to property owned or leased by the United
   21         States Department of Defense for the military from ad
   22         valorem taxation; providing for expiration; reenacting
   23         ss. 193.155(4)(a) and 193.1554(6)(a), F.S., relating
   24         to homestead assessments and nonhomestead residential
   25         property assessments, respectively, to incorporate the
   26         amendment made to s. 193.624, F.S., in references
   27         thereto; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 193.624, Florida Statutes, is amended to
   32  read:
   33         193.624 Assessment of renewable energy source devices
   34  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, wiring, structural supports, refrigerant
   50  handling systems, and other components equipment used as
   51  integral parts of to interconnect such systems; however, such
   52  equipment does not include conventional backup systems of any
   53  type or any equipment or structure that would be required in the
   54  absence of the renewable energy source device.
   55         (j) Windmills and wind turbines.
   56         (k) Wind-driven generators.
   57         (l) Power conditioning and storage devices that store or
   58  use solar energy, wind energy, or energy derived from geothermal
   59  deposits to generate electricity or mechanical forms of energy.
   60         (m) Pipes and other equipment used to transmit hot
   61  geothermal water to a dwelling or structure from a geothermal
   62  deposit.
   63  
   64  The term does not include equipment that is on the distribution
   65  or transmission side of the point at which a renewable energy
   66  source device is interconnected to an electric utility’s
   67  distribution grid or transmission lines.
   68         (2) In determining the assessed value of real property
   69  used:
   70         (a) For residential purposes, an increase in the just value
   71  of the property attributable to the installation of a renewable
   72  energy source device may not be considered.
   73         (b) For nonresidential purposes, 80 percent of the just
   74  value of the property attributable to a renewable energy source
   75  device may not be considered.
   76         (3) This section applies to the installation of a renewable
   77  energy source device installed on or after January 1, 2013, to
   78  new and existing residential real property. This section applies
   79  to a renewable energy source device installed on or after
   80  January 1, 2018, to all other real property, except when
   81  installed as part of a project planned for a location in a
   82  fiscally constrained county, as defined in s. 218.67(1), and for
   83  which an application for a comprehensive plan amendment or
   84  planned unit development zoning has been filed with the county
   85  on or before December 31, 2017.
   86         Section 2. The amendments made by this act to s. 193.624(2)
   87  and (3), Florida Statutes, expire December 31, 2037, and the
   88  text of those subsections shall revert to that in existence on
   89  December 31, 2017, except that any amendments to such text
   90  enacted other than by this act shall be preserved and continue
   91  to operate to the extent that such amendments are not dependent
   92  upon the portions of text which expire pursuant to this section.
   93         Section 3. Section 196.182, Florida Statutes, is created to
   94  read:
   95         196.182 Exemption of renewable energy source devices.—
   96         (1) Eighty percent of the assessed value of a renewable
   97  energy source device, as defined in s. 193.624, which is
   98  considered tangible personal property and which is installed on
   99  real property on or after January 1, 2018, or which was
  100  installed before January 1, 2018, if the renewable energy source
  101  device was installed to supply a municipal electric utility
  102  located within a consolidated government, is exempt from ad
  103  valorem taxation.
  104         (2) The exemption provided in this section does not apply
  105  to a renewable energy source device that is installed as part of
  106  a project planned for a location in a fiscally constrained
  107  county, as defined in s. 218.67(1), and for which an application
  108  for a comprehensive plan amendment or planned unit development
  109  zoning has been filed with the county on or before December 31,
  110  2017.
  111         (3) Notwithstanding this section, 80 percent of the
  112  assessed value of a renewable energy source device, as defined
  113  in s. 193.624, which is affixed to property owned or leased by
  114  the United States Department of Defense for the military is
  115  exempt from ad valorem taxation, including, but not limited to,
  116  the tangible personal property tax.
  117         (4) This section expires December 31, 2037.
  118         Section 4. For the purpose of incorporating the amendment
  119  made by this act to section 193.624, Florida Statutes, in a
  120  reference thereto, paragraph (a) of subsection (4) of section
  121  193.155, Florida Statutes, is reenacted to read:
  122         193.155 Homestead assessments.—Homestead property shall be
  123  assessed at just value as of January 1, 1994. Property receiving
  124  the homestead exemption after January 1, 1994, shall be assessed
  125  at just value as of January 1 of the year in which the property
  126  receives the exemption unless the provisions of subsection (8)
  127  apply.
  128         (4)(a) Except as provided in paragraph (b) and s. 193.624,
  129  changes, additions, or improvements to homestead property shall
  130  be assessed at just value as of the first January 1 after the
  131  changes, additions, or improvements are substantially completed.
  132         Section 5. For the purpose of incorporating the amendment
  133  made by this act to section 193.624, Florida Statutes, in a
  134  reference thereto, paragraph (a) of subsection (6) of section
  135  193.1554, Florida Statutes, is reenacted to read:
  136         193.1554 Assessment of nonhomestead residential property.—
  137         (6)(a) Except as provided in paragraph (b) and s. 193.624,
  138  changes, additions, or improvements to nonhomestead residential
  139  property shall be assessed at just value as of the first January
  140  1 after the changes, additions, or improvements are
  141  substantially completed.
  142         Section 6. This act shall take effect January 1, 2018.