CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 2414
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Clary moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, between lines 2 and 3, delete
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16 and insert:
17 Section 3. Subsection (1) of section 196.2001, Florida
18 Statutes, is amended to read:
19 196.2001 Not-for-profit sewer and water company
20 property exemption.--
21 (1) Property of any sewer and water company owned or
22 operated by a Florida corporation not for profit, the income
23 from which has been exempt, as of January 1 of the year for
24 which the exemption from ad valorem property taxes is
25 requested, from federal income taxation by having qualified
26 under s. 115(a) or s. 501(c)(12) of the Internal Revenue Code
27 of 1954 or of a corresponding section of a subsequently
28 enacted federal revenue act, shall be exempt from ad valorem
29 taxation, provided the following criteria for exemption are
30 met by the not-for-profit sewer and water company:
31 (a) Net income derived by the company does not inure
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SENATE AMENDMENT
Bill No. CS for SB 2414
Amendment No.
1 to any private shareholder or individual.
2 (b) Gross receipts do not constitute gross income for
3 federal income tax purposes.
4 (c) Members of the company's governing board serve
5 without compensation.
6 (d) Rates for services rendered by the company are
7 established by the governing board of the county or counties
8 within which the company provides service; by the Public
9 Service Commission, in those counties in which rates are
10 regulated by the commission; or by the Farmers Home
11 Administration.
12 (e) Ownership of the company reverts to the county in
13 which the company conducts its business upon retirement of all
14 outstanding indebtedness of the company.
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16 Notwithstanding anything above, no exemption shall be granted
17 until the property appraiser has considered the proposed
18 exemption and has made a specific finding that the water and
19 sewer company in question performs a public purpose in the
20 absence of which the expenditure of public funds would be
21 required.
22 (2) This section shall take effect upon this act
23 becoming a law and shall apply retroactively to January 1,
24 1998.
25 Section 4. (1) Notwithstanding any provision of
26 chapter 196, Florida Statutes, to the contrary, any exemption
27 which would be authorized by the amendment to s. 196.2001(1),
28 Florida Statutes, by this act, and which was applied for and
29 granted in good faith to any not-for-profit sewer or water
30 company after December 31, 1997, shall not be subject to any
31 assessment, penalty, or interest otherwise allowed by law.
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11:57 AM 04/26/99 s2414c1c-0718u
SENATE AMENDMENT
Bill No. CS for SB 2414
Amendment No.
1 (2) This section shall take effect upon this act
2 becoming a law.
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4 (Redesignate subsequent sections.)
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8 And the title is amended as follows:
9 On page 1, line 11, after the semicolon
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11 insert:
12 amending s. 212.06, F.S.; revising the
13 application of provisions which exempt from use
14 tax a person who secures rock, fill dirt, or
15 similar materials from a location he or she
16 owns for use on his or her own property, to
17 include affiliated groups; amending s.
18 196.2001, F.S.; revising the conditions for
19 qualification for the ad valorem tax exemption
20 for property of a not-for-profit sewer and
21 water company; providing for retroactive
22 application; providing that certain exemptions
23 that conform to such revision that were
24 previously granted shall not be subject to any
25 assessment, penalty, or interest;
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