Senate Bill 2414e1

CODING: Words stricken are deletions; words underlined are additions.







    CS for SB 2414                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to ad valorem tax exemptions;

  3         amending s. 196.012, F.S.; amending the

  4         definition of the term "new business," as used

  5         in ch. 196, F.S.; amending s. 196.1995, F.S.;

  6         providing an ad valorem tax exemption for new

  7         businesses comprising artistic and cultural

  8         improvements to real estate which are used for

  9         specified purposes; providing for certain

10         economic development ad valorem tax exemptions;

11         providing for extension of such exemptions;

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; providing an

26         effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Paragraphs (c) and (d) are added to

31  subsection (15) of section 196.012, Florida Statutes, to read:


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2414                                 First Engrossed



  1         196.012  Definitions.--For the purpose of this chapter,

  2  the following terms are defined as follows, except where the

  3  context clearly indicates otherwise:

  4         (15)  "New business" means:

  5         (c)1.  An arts or cultural organization that is tax

  6  exempt under s. 501(c)(3) of the Internal Revenue Code of

  7  1986, as amended; or

  8         2.  Any person or entity that is building or renovating

  9  improvements to real property which will include theater

10  space, an art gallery open to the public, or some other

11  improvement that is dedicated to the development and

12  exhibition of the performing or visual arts.

13         (d)  A business that is situated on property annexed

14  into a municipality and that, at the time of the annexation,

15  is receiving an economic development ad valorem tax exemption

16  from the county under s. 196.1995.

17         Section 2.  Present subsections (6), (7), (8), and (9)

18  of section 196.1995, Florida Statutes, are redesignated as

19  subsections (8), (9), (10), and (11), respectively, and new

20  subsections (6) and (7) are added to that section, to read:

21         196.1995  Economic development ad valorem tax

22  exemption.--

23         (6)  With respect to a new business as defined in s.

24  196.012(15)(c), the taxing authority having jurisdiction to

25  levy ad valorem taxes may exempt from taxation under

26  subsection (5) only that portion of an improvement to real

27  property which constitutes theater space, an art gallery open

28  to the public, or some other improvement that is dedicated to

29  the development and exhibition of the performing or visual

30  arts. The amount of such a tax exemption must be calculated by

31  multiplying the total amount of the ad valorem taxes that


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2414                                 First Engrossed



  1  would otherwise be imposed times the percentage obtained by

  2  dividing the total square footage of the improvement into the

  3  square footage that is dedicated to the purposes specified in

  4  this subsection and s. 196.012(15)(c).

  5         (7)  With respect to a new business as defined in s.

  6  196.012(15)(d), the municipality annexing the property on

  7  which the business is situated may grant an economic

  8  development ad valorem tax exemption under this section to

  9  that business for a period that will expire upon the

10  expiration of the exemption granted by the county. If the

11  county renews the exemption under subsection (8), the

12  municipality may also extend its exemption. A municipal

13  economic development ad valorem tax exemption granted under

14  this subsection may not extend beyond the duration of the

15  county exemption.

16         Section 3.  Subsection (1) of section 196.2001, Florida

17  Statutes, is amended to read:

18         196.2001  Not-for-profit sewer and water company

19  property exemption.--

20         (1)  Property of any sewer and water company owned or

21  operated by a Florida corporation not for profit, the income

22  from which has been exempt, as of January 1 of the year for

23  which the exemption from ad valorem property taxes is

24  requested, from federal income taxation by having qualified

25  under s. 115(a) or s. 501(c)(12) of the Internal Revenue Code

26  of 1954 or of a corresponding section of a subsequently

27  enacted federal revenue act, shall be exempt from ad valorem

28  taxation, provided the following criteria for exemption are

29  met by the not-for-profit sewer and water company:

30         (a)  Net income derived by the company does not inure

31  to any private shareholder or individual.


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2414                                 First Engrossed



  1         (b)  Gross receipts do not constitute gross income for

  2  federal income tax purposes.

  3         (c)  Members of the company's governing board serve

  4  without compensation.

  5         (d)  Rates for services rendered by the company are

  6  established by the governing board of the county or counties

  7  within which the company provides service; by the Public

  8  Service Commission, in those counties in which rates are

  9  regulated by the commission; or by the Farmers Home

10  Administration.

11         (e)  Ownership of the company reverts to the county in

12  which the company conducts its business upon retirement of all

13  outstanding indebtedness of the company.

14

15  Notwithstanding anything above, no exemption shall be granted

16  until the property appraiser has considered the proposed

17  exemption and has made a specific finding that the water and

18  sewer company in question performs a public purpose in the

19  absence of which the expenditure of public funds would be

20  required.

21         (2)  This section shall take effect upon this act

22  becoming a law and shall apply retroactively to January 1,

23  1998.

24         Section 4.  (1)  Notwithstanding any provision of

25  chapter 196, Florida Statutes, to the contrary, any exemption

26  which would be authorized by the amendment to s. 196.2001(1),

27  Florida Statutes, by this act, and which was applied for and

28  granted in good faith to any not-for-profit sewer or water

29  company after December 31, 1997, shall not be subject to any

30  assessment, penalty, or interest otherwise allowed by law.

31


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 2414                                 First Engrossed



  1         (2)  This section shall take effect upon this act

  2  becoming a law.

  3         Section 5.  This act shall take effect upon becoming a

  4  law.

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  5