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



                                                  SENATE AMENDMENT

    Bill No. CS for SB 1458, 1st Eng.

    Amendment No. ___

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11  Senator King moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 6, between lines 10 and 11,

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16  insert:

17         Section 4.  Subsection (20) is added to section

18  196.012, Florida Statutes, to read:

19         196.012  Definitions.--For the purpose of this chapter,

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

21  context clearly indicates otherwise:

22         (20)  For purposes of determining if property is

23  "owned" by an exempt entity, property leased to an exempt

24  entity under a capital lease shall be deemed to be owned by

25  that exempt entity. This subsection does not apply with

26  respect to determining ownership of property leased by an

27  exempt entity to another person.  For purposes of this

28  subsection, a "capital lease" is a lease to an exempt entity

29  which meets at least one of the following criteria:

30         (a)  Ownership of the property transfers to the lessee

31  at the end of the lease term.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1458, 1st Eng.

    Amendment No. ___





  1         (b)  The lease contains a bargain purchase option which

  2  allows the lessee, at his or her option, to buy the leased

  3  property for a price which is sufficiently lower than the

  4  expected fair market value of the property on the date the

  5  option becomes exercisable that exercise of the option

  6  appears, at the inception of the lease, to be reasonably

  7  assured.

  8         (c)  The lease term is equal to 75 percent or more of

  9  the estimated useful economic life of the property.

10         (d)  At the inception of the lease, the present value

11  of the minimum lease payments is at least 90 percent of the

12  fair market value of the leased property. As used in this

13  paragraph, "minimum lease payments" has the same meaning as is

14  contained in Statements and Interpretations of the Financial

15  Accounting Standards Board in regard to capital-type leases.

16  The interest rate used to calculate the present value shall be

17  the Prime Rate published in the "Money Rates" section of the

18  Wall Street Journal on the same date as the inception of the

19  lease.

20         Section 5.  Section 196.198, Florida Statutes, is

21  amended to read:

22         196.198  Educational property exemption.--Educational

23  institutions within this state and their property used by them

24  or by any other exempt entity or educational institution

25  exclusively for educational purposes shall be exempt from

26  taxation.  Sheltered workshops providing rehabilitation and

27  retraining of disabled individuals and exempted by a

28  certificate under s. (d) of the federal Fair Labor Standards

29  Act of 1938, as amended, are declared wholly educational in

30  purpose and shall be exempted from certification,

31  accreditation, and membership requirements set forth in s.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1458, 1st Eng.

    Amendment No. ___





  1  196.012.  Those portions of property of college fraternities

  2  and sororities certified by the president of the college or

  3  university to the appropriate property appraiser as being

  4  essential to the educational process, shall be exempt from ad

  5  valorem taxation. The use of property by public fairs and

  6  expositions chartered by chapter 616 is presumed to be an

  7  educational use of such property and shall be exempt from ad

  8  valorem taxation to the extent of such use.  Property used

  9  exclusively for educational purposes shall be deemed owned by

10  an educational institution if the entity owning 100 percent of

11  the educational institution is owned by the identical persons

12  who own the property. If legal title to property is held by a

13  governmental agency which leases such property to a lessee,

14  such property shall be deemed to be owned by the governmental

15  agency and used exclusively for educational purposes if the

16  governmental agency continues to use such property exclusively

17  for educational purposes pursuant to a sublease or other

18  contractual agreement with that lessee. If the title to land

19  is held by the trustee of an irrevocable inter vivos trust and

20  if the trust grantor owns 100 percent of the entity that owns

21  an educational institution that is using the land exclusively

22  for educational purposes, the land is deemed to be property

23  owned by the educational institution for purposes of this

24  exemption. Property owned by an educational institution shall

25  be deemed to be used for an educational purpose if the

26  institution has taken affirmative steps to prepare the

27  property for educational use.  Affirmative steps means

28  environmental or land use permitting activities, creation of

29  architectural plans or schematic drawings, land clearing or

30  site preparation, construction or renovation activities, or

31  other similar activities that demonstrate commitment of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1458, 1st Eng.

    Amendment No. ___





  1  property to an educational use.

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  3  (Redesignate subsequent sections.)

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  6  ================ T I T L E   A M E N D M E N T ===============

  7  And the title is amended as follows:

  8         On page 1, line 8, after the semicolon,

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10  insert:

11         amending s. 196.012, F.S.; providing that, for

12         purposes of determining eligibility for

13         exemption, property which is leased to an

14         exempt entity under a capital lease shall be

15         deemed "owned" by the entity; defining "capital

16         lease"; amending s. 196.198, F.S.; providing

17         that property leased from a governmental agency

18         is eligible for the exemption for educational

19         property if the agency continues to use the

20         property exclusively for educational purposes;

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