Florida Senate - 2013                                    SB 1064
       
       
       
       By Senator Latvala
       
       
       
       
       20-00676A-13                                          20131064__
    1                        A bill to be entitled                      
    2         An act relating to the assessment of residential and
    3         nonhomestead real property; creating s. 193.624, F.S.;
    4         providing definitions; excluding the value of certain
    5         installations, changes, or improvements made after a
    6         specified date from the assessed value of residential
    7         real property; providing for application; requiring
    8         the filing of applications by specified times in order
    9         for such installations, changes, or improvements to be
   10         excluded from the assessed value of residential real
   11         property; providing procedural requirements and
   12         limitations; requiring a nonrefundable filing fee for
   13         a petition to the value adjustment board; amending s.
   14         193.155, F.S.; specifying additional exceptions to the
   15         assessment of homestead property at just value;
   16         reenacting s. 193.1551, F.S., relating to assessment
   17         of certain homestead property damaged in 2004 named
   18         storms, to incorporate the amendments made to s.
   19         193.155, F.S., in a reference thereto; amending s.
   20         193.1554, F.S.; specifying additional exceptions to
   21         assessment of nonhomestead property at just value;
   22         amending s. 196.012, F.S.; deleting the definition of
   23         the terms “renewable energy source device” and
   24         “device”; conforming cross-references; amending ss.
   25         196.121 and 196.1995, F.S.; conforming cross
   26         references; repealing s. 196.175, F.S., relating to
   27         the property tax exemption for renewable energy source
   28         devices; providing for application of the act;
   29         providing an effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 193.624, Florida Statutes, is created to
   34  read:
   35         193.624 Assessment of residential property improved to
   36  resist wind damage; using renewable energy devices.—
   37         (1) As used in this section, the term:
   38         (a) “Changes or improvements made for the purpose of
   39  improving a property’s resistance to wind damage” means:
   40         1. Improving the strength of the roof-deck attachment;
   41         2. Creating a secondary water barrier to prevent water
   42  intrusion;
   43         3. Installing wind-resistant shingles;
   44         4. Installing gable-end bracing;
   45         5. Reinforcing roof-to-wall connections;
   46         6. Installing storm shutters; or
   47         7. Installing opening protections.
   48         (b) “Renewable energy source device” means any of the
   49  following equipment that collects, transmits, stores, or uses
   50  solar energy, wind energy, or energy derived from geothermal
   51  deposits:
   52         1. Solar energy collectors, photovoltaic modules, and
   53  inverters.
   54         2. Storage tanks and other storage systems, excluding
   55  swimming pools used as storage tanks.
   56         3. Rockbeds.
   57         4. Thermostats and other control devices.
   58         5. Heat exchange devices.
   59         6. Pumps and fans.
   60         7. Roof ponds.
   61         8. Freestanding thermal containers.
   62         9. Pipes, ducts, refrigerant handling systems, and other
   63  equipment used to interconnect such systems; however, such
   64  equipment does not include conventional backup systems of any
   65  type.
   66         10. Windmills and wind turbines.
   67         11. Wind-driven generators.
   68         12. Power conditioning and storage devices that use wind
   69  energy to generate electricity or mechanical forms of energy.
   70         13. Pipes and other equipment used to transmit hot
   71  geothermal water to a dwelling or structure from a geothermal
   72  deposit.
   73         (2) In determining the assessed value of real property used
   74  for residential purposes, any increase in the just value of the
   75  property attributable to the installation of a renewable energy
   76  source device or changes or improvements made for the purpose of
   77  improving a property’s resistance to wind damage may not be
   78  considered.
   79         (3) For a parcel of residential property to be assessed
   80  pursuant to this section, the owner of the property must file
   81  with the county property appraiser an application on or before
   82  March 1 of the first year such assessment is requested. The
   83  property appraiser may require the taxpayer or the taxpayer’s
   84  representative to furnish the property appraiser such
   85  information as may reasonably be required to establish the
   86  increase in just value attributable to the renewable energy
   87  source device or changes or improvements made for the purpose of
   88  improving the property’s resistance to wind damage. Failure to
   89  make timely application by March 1 constitutes a waiver of the
   90  property owner to have his or her assessment calculated for that
   91  year under this section. However, an applicant who fails to file
   92  an application by March 1 may file a late application and may
   93  file, pursuant to s. 194.011(3), a petition with the value
   94  adjustment board requesting assessment under this section. The
   95  petition must be filed on or before the 25th day after the
   96  mailing of the notice by the property appraiser as provided in
   97  s. 194.011(1). Notwithstanding s. 194.013, the applicant must
   98  pay a nonrefundable fee of $15 upon filing the petition. Upon
   99  reviewing the petition, if the property is qualified to be
  100  assessed under this section and the property owner demonstrates
  101  particular extenuating circumstances judged by the property
  102  appraiser or the value adjustment board to warrant granting
  103  assessment under this section, the property appraiser shall
  104  calculate the assessment pursuant to this section.
  105         (4) This section applies to the installation of a renewable
  106  energy source device or changes or improvements made for the
  107  purpose of improving a property’s resistance to wind damage
  108  installed or made on or after January 1, 2013, to new and
  109  existing residential real property.
  110         Section 2. Paragraph (a) of subsection (4) of section
  111  193.155, Florida Statutes, is amended to read:
  112         193.155 Homestead assessments.—Homestead property shall be
  113  assessed at just value as of January 1, 1994. Property receiving
  114  the homestead exemption after January 1, 1994, shall be assessed
  115  at just value as of January 1 of the year in which the property
  116  receives the exemption unless the provisions of subsection (8)
  117  apply.
  118         (4)(a) Except as provided in paragraph (b) and s. 193.624,
  119  changes, additions, or improvements to homestead property shall
  120  be assessed at just value as of the first January 1 after the
  121  changes, additions, or improvements are substantially completed.
  122         Section 3. For the purpose of incorporating the amendment
  123  made by this act to section 193.155, Florida Statutes, in a
  124  reference thereto, section 193.1551, Florida Statutes, is
  125  reenacted to read:
  126         193.1551 Assessment of certain homestead property damaged
  127  in 2004 named storms.—Notwithstanding the provisions of s.
  128  193.155(4), the assessment at just value for changes, additions,
  129  or improvements to homestead property rendered uninhabitable in
  130  one or more of the named storms of 2004 shall be limited to the
  131  square footage exceeding 110 percent of the homestead property’s
  132  total square footage. Additionally, homes having square footage
  133  of 1,350 square feet or less which were rendered uninhabitable
  134  may rebuild up to 1,500 total square feet and the increase in
  135  square footage shall not be considered as a change, an addition,
  136  or an improvement that is subject to assessment at just value.
  137  The provisions of this section are limited to homestead
  138  properties in which repairs are commenced by January 1, 2008,
  139  and apply retroactively to January 1, 2005.
  140         Section 4. Paragraph (a) of subsection (6) of section
  141  193.1554, Florida Statutes, is amended to read:
  142         193.1554 Assessment of nonhomestead residential property.—
  143         (6)(a) Except as provided in paragraph (b) and s. 193.624,
  144  changes, additions, or improvements to nonhomestead residential
  145  property shall be assessed at just value as of the first January
  146  1 after the changes, additions, or improvements are
  147  substantially completed.
  148         Section 5. Subsections (14) through (20) of section
  149  196.012, Florida Statutes, are amended to read:
  150         196.012 Definitions.—For the purpose of this chapter, the
  151  following terms are defined as follows, except where the context
  152  clearly indicates otherwise:
  153         (14) “Renewable energy source device” or “device” means any
  154  of the following equipment which, when installed in connection
  155  with a dwelling unit or other structure, collects, transmits,
  156  stores, or uses solar energy, wind energy, or energy derived
  157  from geothermal deposits:
  158         (a) Solar energy collectors.
  159         (b) Storage tanks and other storage systems, excluding
  160  swimming pools used as storage tanks.
  161         (c) Rockbeds.
  162         (d) Thermostats and other control devices.
  163         (e) Heat exchange devices.
  164         (f) Pumps and fans.
  165         (g) Roof ponds.
  166         (h) Freestanding thermal containers.
  167         (i) Pipes, ducts, refrigerant handling systems, and other
  168  equipment used to interconnect such systems; however,
  169  conventional backup systems of any type are not included in this
  170  definition.
  171         (j) Windmills.
  172         (k) Wind-driven generators.
  173         (l) Power conditioning and storage devices that use wind
  174  energy to generate electricity or mechanical forms of energy.
  175         (m) Pipes and other equipment used to transmit hot
  176  geothermal water to a dwelling or structure from a geothermal
  177  deposit.
  178         (14)(15) “New business” means:
  179         (a)1. A business or organization establishing 10 or more
  180  new jobs to employ 10 or more full-time employees in this state,
  181  paying an average wage for such new jobs that is above the
  182  average wage in the area, which principally engages in any one
  183  or more of the following operations:
  184         a. Manufactures, processes, compounds, fabricates, or
  185  produces for sale items of tangible personal property at a fixed
  186  location and which comprises an industrial or manufacturing
  187  plant; or
  188         b. Is a target industry business as defined in s.
  189  288.106(2)(q);
  190         2. A business or organization establishing 25 or more new
  191  jobs to employ 25 or more full-time employees in this state, the
  192  sales factor of which, as defined by s. 220.15(5), for the
  193  facility with respect to which it requests an economic
  194  development ad valorem tax exemption is less than 0.50 for each
  195  year the exemption is claimed; or
  196         3. An office space in this state owned and used by a
  197  business or organization newly domiciled in this state; provided
  198  such office space houses 50 or more full-time employees of such
  199  business or organization; provided that such business or
  200  organization office first begins operation on a site clearly
  201  separate from any other commercial or industrial operation owned
  202  by the same business or organization.
  203         (b) Any business or organization located in an enterprise
  204  zone or brownfield area that first begins operation on a site
  205  clearly separate from any other commercial or industrial
  206  operation owned by the same business or organization.
  207         (c) A business or organization that is situated on property
  208  annexed into a municipality and that, at the time of the
  209  annexation, is receiving an economic development ad valorem tax
  210  exemption from the county under s. 196.1995.
  211         (15)(16) “Expansion of an existing business” means:
  212         (a)1. A business or organization establishing 10 or more
  213  new jobs to employ 10 or more full-time employees in this state,
  214  paying an average wage for such new jobs that is above the
  215  average wage in the area, which principally engages in any of
  216  the operations referred to in subparagraph (14)(a)1. (15)(a)1.;
  217  or
  218         2. A business or organization establishing 25 or more new
  219  jobs to employ 25 or more full-time employees in this state, the
  220  sales factor of which, as defined by s. 220.15(5), for the
  221  facility with respect to which it requests an economic
  222  development ad valorem tax exemption is less than 0.50 for each
  223  year the exemption is claimed; provided that such business
  224  increases operations on a site located within the same county,
  225  municipality, or both colocated with a commercial or industrial
  226  operation owned by the same business or organization under
  227  common control with the same business or organization, resulting
  228  in a net increase in employment of not less than 10 percent or
  229  an increase in productive output or sales of not less than 10
  230  percent.
  231         (b) Any business or organization located in an enterprise
  232  zone or brownfield area that increases operations on a site
  233  located within the same zone or area colocated with a commercial
  234  or industrial operation owned by the same business or
  235  organization under common control with the same business or
  236  organization.
  237         (16)(17) “Permanent resident” means a person who has
  238  established a permanent residence as defined in subsection (17)
  239  (18).
  240         (17)(18) “Permanent residence” means that place where a
  241  person has his or her true, fixed, and permanent home and
  242  principal establishment to which, whenever absent, he or she has
  243  the intention of returning. A person may have only one permanent
  244  residence at a time; and, once a permanent residence is
  245  established in a foreign state or country, it is presumed to
  246  continue until the person shows that a change has occurred.
  247         (18)(19) “Enterprise zone” means an area designated as an
  248  enterprise zone pursuant to s. 290.0065. This subsection expires
  249  on the date specified in s. 290.016 for the expiration of the
  250  Florida Enterprise Zone Act.
  251         (19)(20) “Ex-servicemember” means any person who has served
  252  as a member of the United States Armed Forces on active duty or
  253  state active duty, a member of the Florida National Guard, or a
  254  member of the United States Reserve Forces.
  255         Section 6. Subsection (2) of section 196.121, Florida
  256  Statutes, is amended to read:
  257         196.121 Homestead exemptions; forms.—
  258         (2) The forms shall require the taxpayer to furnish certain
  259  information to the property appraiser for the purpose of
  260  determining that the taxpayer is a permanent resident as defined
  261  in s. 196.012(16) 196.012(17). Such information may include, but
  262  need not be limited to, the factors enumerated in s. 196.015.
  263         Section 7. Subsections (6) and (8), paragraph (d) of
  264  subsection (9), and paragraph (d) of subsection (11) of section
  265  196.1995, Florida Statutes, are amended to read:
  266         196.1995 Economic development ad valorem tax exemption.—
  267         (6) With respect to a new business as defined by s.
  268  196.012(14)(c) 196.012(15)(c), the municipality annexing the
  269  property on which the business is situated may grant an economic
  270  development ad valorem tax exemption under this section to that
  271  business for a period that will expire upon the expiration of
  272  the exemption granted by the county. If the county renews the
  273  exemption under subsection (7), the municipality may also extend
  274  its exemption. A municipal economic development ad valorem tax
  275  exemption granted under this subsection may not extend beyond
  276  the duration of the county exemption.
  277         (8) Any person, firm, or corporation which desires an
  278  economic development ad valorem tax exemption shall, in the year
  279  the exemption is desired to take effect, file a written
  280  application on a form prescribed by the department with the
  281  board of county commissioners or the governing authority of the
  282  municipality, or both. The application shall request the
  283  adoption of an ordinance granting the applicant an exemption
  284  pursuant to this section and shall include the following
  285  information:
  286         (a) The name and location of the new business or the
  287  expansion of an existing business;
  288         (b) A description of the improvements to real property for
  289  which an exemption is requested and the date of commencement of
  290  construction of such improvements;
  291         (c) A description of the tangible personal property for
  292  which an exemption is requested and the dates when such property
  293  was or is to be purchased;
  294         (d) Proof, to the satisfaction of the board of county
  295  commissioners or the governing authority of the municipality,
  296  that the applicant is a new business or an expansion of an
  297  existing business, as defined in s. 196.012(15) or (16);
  298         (e) The number of jobs the applicant expects to create
  299  along with the average wage of the jobs and whether the jobs are
  300  full-time or part-time;
  301         (f) The expected time schedule for job creation; and
  302         (g) Other information deemed necessary or appropriate by
  303  the department, county, or municipality.
  304         (9) Before it takes action on the application, the board of
  305  county commissioners or the governing authority of the
  306  municipality shall deliver a copy of the application to the
  307  property appraiser of the county. After careful consideration,
  308  the property appraiser shall report the following information to
  309  the board of county commissioners or the governing authority of
  310  the municipality:
  311         (d) A determination as to whether the property for which an
  312  exemption is requested is to be incorporated into a new business
  313  or the expansion of an existing business, as defined in s.
  314  196.012(15) or (16), or into neither, which determination the
  315  property appraiser shall also affix to the face of the
  316  application. Upon the request of the property appraiser, the
  317  department shall provide to him or her such information as it
  318  may have available to assist in making such determination.
  319         (11) An ordinance granting an exemption under this section
  320  shall be adopted in the same manner as any other ordinance of
  321  the county or municipality and shall include the following:
  322         (d) A finding that the business named in the ordinance
  323  meets the requirements of s. 196.012(14) or (15) 196.012 (15) or
  324  (16).
  325         Section 8. Section 196.175, Florida Statutes, is repealed.
  326         Section 9. This act shall take effect July 1, 2013, and
  327  applies to assessments beginning January 1, 2014.