Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for SB 90
       
       
       
       
       
       
                                Ì295678cÎ295678                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/27/2017 09:46 AM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Substitute for Amendment (572448) (with title
    2  amendment)
    3  
    4         Delete lines 22 - 103
    5  and insert:
    6         Section 1. Subsection (1) of section 24.118, Florida
    7  Statutes, is amended to read:
    8         24.118 Other prohibited acts; penalties.—
    9         (1) UNLAWFUL EXTENSIONS OF CREDIT.—Any retailer who extends
   10  credit or lends money to a person for the purchase of a lottery
   11  ticket is guilty of a misdemeanor of the second degree,
   12  punishable as provided in s. 775.082 or s. 775.083. This
   13  subsection shall not be construed to prohibit the purchase of a
   14  lottery ticket through the use of a credit or charge card or
   15  other instrument issued by a bank, savings association, credit
   16  union, or charge card company or by a retailer pursuant to part
   17  III part II of chapter 520, provided that any such purchase from
   18  a retailer shall be in addition to the purchase of goods and
   19  services other than lottery tickets having a cost of no less
   20  than $20.
   21         Section 2. Section 193.624, Florida Statutes, is amended to
   22  read:
   23         193.624 Assessment of renewable energy source devices
   24  residential property.—
   25         (1) As used in this section, the term “renewable energy
   26  source device” means any of the following equipment that
   27  collects, transmits, stores, or uses solar energy, wind energy,
   28  or energy derived from geothermal deposits:
   29         (a) Solar energy collectors, photovoltaic modules, and
   30  inverters.
   31         (b) Storage tanks and other storage systems, excluding
   32  swimming pools used as storage tanks.
   33         (c) Rockbeds.
   34         (d) Thermostats and other control devices.
   35         (e) Heat exchange devices.
   36         (f) Pumps and fans.
   37         (g) Roof ponds.
   38         (h) Freestanding thermal containers.
   39         (i) Pipes, ducts, wiring, structural supports, refrigerant
   40  handling systems, and other components equipment used as
   41  integral parts of to interconnect such systems; however, such
   42  equipment does not include conventional backup systems of any
   43  type or any equipment or structure that would be required in the
   44  absence of the renewable energy source device.
   45         (j) Windmills and wind turbines.
   46         (k) Wind-driven generators.
   47         (l) Power conditioning and storage devices that store or
   48  use solar energy, wind energy, or energy derived from geothermal
   49  deposits to generate electricity or mechanical forms of energy.
   50         (m) Pipes and other equipment used to transmit hot
   51  geothermal water to a dwelling or structure from a geothermal
   52  deposit.
   53  
   54  The term does not include equipment that is on the distribution
   55  or transmission side of the point at which a renewable energy
   56  source device is interconnected to an electric utility’s
   57  distribution grid or transmission lines.
   58         (2) In determining the assessed value of real property
   59  used:
   60         (a) For residential purposes, an increase in the just value
   61  of the property attributable to the installation of a renewable
   62  energy source device may not be considered.
   63         (b)For nonresidential purposes, 80 percent of the just
   64  value of the property attributable to a renewable energy source
   65  device may not be considered.
   66         (3) This section applies to the installation of a renewable
   67  energy source device installed on or after January 1, 2013, to
   68  new and existing residential real property. This section applies
   69  to a renewable energy source device installed on or after
   70  January 1, 2018, to all other real property, except when
   71  installed as part of a project planned for a location in a
   72  fiscally constrained county, as defined in s. 218.67(1), and for
   73  which an application for a comprehensive plan amendment or
   74  planned unit development zoning has been filed with the county
   75  on or before December 31, 2017.
   76         Section 3. The amendments made by this act to s. 193.624(2)
   77  and (3), Florida Statutes 2016, expire December 31, 2037, and
   78  the text of those subsections shall revert to that in existence
   79  on December 31, 2017, except that any amendments to such text
   80  enacted other than by this act shall be preserved and continue
   81  to operate to the extent that such amendments are not dependent
   82  upon the portions of text which expire pursuant to this section.
   83         Section 4. Section 196.182, Florida Statutes, is created to
   84  read:
   85         196.182 Exemption of renewable energy source devices.—
   86         (1)Eighty percent of the assessed value of a renewable
   87  energy source device, as defined in s. 193.624, which is
   88  considered tangible personal property and which is installed on
   89  real property on or after January 1, 2018, or which was
   90  installed before January 1, 2018, if the renewable energy source
   91  device was installed to supply a municipal electric utility
   92  located entirely within a consolidated government, is exempt
   93  from ad valorem taxation.
   94         (2) The exemption provided in this section does not apply
   95  to a renewable energy source device that is installed as part of
   96  a project planned for a location in a fiscally constrained
   97  county, as defined in s. 218.67(1), and for which an application
   98  for a comprehensive plan amendment or planned unit development
   99  zoning has been filed with the county on or before December 31,
  100  2017.
  101         (3)Notwithstanding this section, 80 percent of the
  102  assessed value of a renewable energy source device, as defined
  103  in s. 193.624, which is affixed to property owned or leased by
  104  the United States Department of Defense for the military is
  105  exempt from ad valorem taxation, including, but not limited to,
  106  the tangible personal property tax.
  107         (4)This section expires December 31, 2037.
  108         Section 5. Subsection (13) of section 501.604, Florida
  109  Statutes, is amended to read:
  110         501.604 Exemptions.—The provisions of this part, except ss.
  111  501.608 and 501.616(6) and (7), do not apply to:
  112         (13) A commercial telephone seller licensed pursuant to
  113  chapter 516 or part III part II of chapter 520. For purposes of
  114  this exemption, the seller must solicit to sell a consumer good
  115  or service within the scope of his or her license and the
  116  completed transaction must be subject to the provisions of
  117  chapter 516 or part III part II of chapter 520.
  118         Section 6. Parts II, III, IV, and V of chapter 520, Florida
  119  Statutes, are renumbered as Parts III, IV, V, and VI,
  120  respectively, and a new Part II, consisting of sections 520.20,
  121  520.21, 520.22, 520.23, 520.24, 520.25, and 520.26, Florida
  122  Statutes, is created to read:
  123                               PART II                             
  124                RENEWABLE ENERGY SOURCE DEVICE SALES               
  125         520.20Definitions.—As used in this part, the term:
  126         (1)“Agreement” means a contract executed between a buyer
  127  or lessee and a seller that leases or sells a renewable energy
  128  source device for installation on residential real property. As
  129  used in this part, the term includes retail installment
  130  contracts.
  131         (2)“Buyer” means an individual that enters into an
  132  agreement to buy or lease a renewable energy source device from
  133  a seller for installation on residential real property. As used
  134  in this subsection, the term “individual” means a single human
  135  being and does not include a firm, association of individuals,
  136  corporation, partnership, joint venture, sole proprietorship, or
  137  other entity.
  138         (3)Renewable energy source device” means a device or
  139  system that is used to generate or store electricity; that has
  140  an electric delivery capacity, individually or in connection
  141  with other similar devices or systems, of greater than 1
  142  kilowatt or 1 kilowatt hour; that is used primarily for onsite
  143  consumption; and that is to be installed on residential real
  144  property. The term does not include an electric generator
  145  intended for occasional use.
  146         (4)“Lessee” means a person that enters into an agreement
  147  to lease or rent a renewable energy source device for
  148  installation on residential real property.
  149         (5)“Retail installment contract” means an agreement
  150  executed in this state between a buyer and a seller in which the
  151  title to, or a lien upon, a renewable energy source device is
  152  retained or taken by the seller from the buyer as security, in
  153  whole or in part, for the buyer’s obligations to make specified
  154  payments over time.
  155         (6)“Seller” means a person who is a solar contractor
  156  licensed in this state under chapter 489.
  157         520.21Applicability.—This part applies to agreements to
  158  sell or lease a renewable energy source device and is
  159  supplemental to other provisions contained in part III related
  160  to retail installment contracts. If any provision related to
  161  retail installment contract requirements for a renewable energy
  162  source device under this part conflicts with any other provision
  163  related to retail installment contracts, this part controls.
  164         520.22Safety compliance.—A seller who installs a renewable
  165  energy source device must comply with applicable safety
  166  standards established by the Department of Business and
  167  Professional Regulation pursuant to chapter 489 and part IV of
  168  chapter 553.
  169         520.23Disclosures required.—Each agreement governing the
  170  sale or lease of a renewable energy source device must, at a
  171  minimum, include a written statement printed in at least 12
  172  point type which is separate from the agreement, is separately
  173  acknowledged by the buyer or lessee, and includes the following
  174  information and disclosures, if applicable:
  175         (1)The name, address, telephone number, and e-mail address
  176  of the buyer or lessee.
  177         (2)The name, address, telephone number, e-mail address,
  178  and valid state contractor license number of the person
  179  responsible for installing the renewable energy source device.
  180         (3)The name, address, telephone number, e-mail address,
  181  and valid state contractor license number of the renewable
  182  energy source device maintenance provider, if different from the
  183  person responsible for installing the renewable energy source
  184  device.
  185         (4)A written statement indicating whether the buyer or
  186  lessee is purchasing or leasing the renewable energy source
  187  device.
  188         (a)If the lessee is leasing the renewable energy source
  189  device, the written statement must include a disclosure in
  190  substantially the following form: “YOU ARE ENTERING INTO AN
  191  AGREEMENT TO LEASE A RENEWABLE ENERGY SOURCE DEVICE. YOU WILL
  192  LEASE (NOT OWN) THE SYSTEM INSTALLED ON YOUR PROPERTY.”
  193         (b)If the buyer is purchasing the renewable energy source
  194  device, the written statement must include a disclosure in
  195  substantially the following form: “YOU ARE ENTERING INTO AN
  196  AGREEMENT TO PURCHASE A RENEWABLE ENERGY SOURCE DEVICE. YOU WILL
  197  OWN (NOT LEASE) THE SYSTEM INSTALLED ON YOUR PROPERTY.”
  198         (5)If financed or leased by the seller, the total cost to
  199  be paid by the buyer or lessee, including any interest,
  200  installation fees, document preparation fees, service fees, or
  201  other fees.
  202         (6)A payment schedule, including any amounts owed at
  203  contract signing, at the commencement of installation, and at
  204  the completion of installation, and any final payments, if
  205  financed by the seller. If the renewable energy source device is
  206  being leased, the written statement must include the frequency
  207  and amount of each payment due under the lease and the total
  208  estimated lease payments over the term of the lease.
  209         (7)Each state or federal tax incentive or rebate, if any,
  210  relied upon by the seller in determining the price of the
  211  renewable energy source device.
  212         (8)A description of the assumptions used to calculate any
  213  savings estimates provided to the buyer or lessee and, if such
  214  estimates are provided, a statement in substantially the
  215  following form: “It is important to understand that future
  216  electric utility rates are estimates only. Your future electric
  217  utility rates may vary.”
  218         (9)If leased, a description of any one-time or recurring
  219  fees, including, but not limited to, estimated system removal
  220  fees, maintenance fees, Internet connection fees, and automated
  221  clearinghouse fees. If late fees may apply, the description must
  222  describe the circumstances triggering such late fees.
  223         (10)A statement notifying the buyer whether the renewable
  224  energy source device is being financed and, if so, a statement
  225  in substantially the following form: “If your system is
  226  financed, carefully read any agreements and/or disclosure forms
  227  provided by your lender. This statement does not contain the
  228  terms of your financing agreement. If you have any questions
  229  about your financing agreement, contact your finance provider
  230  before signing a contract.”
  231         (11)A statement notifying the buyer whether the seller is
  232  assisting in arranging financing of the renewable energy source
  233  device and, if so, a statement in substantially the following
  234  form: “If your system is financed, carefully read any agreements
  235  and/or disclosure forms provided by your lender. This statement
  236  does not contain the terms of your financing agreement. If you
  237  have any questions about your financing agreement, contact your
  238  finance provider before signing a contract.”
  239         (12)A provision notifying the buyer or lessee of the right
  240  to rescind the agreement for a period of at least 3 business
  241  days after the agreement is signed. This subsection does not
  242  apply to a contract to sell or lease a renewable energy source
  243  device in a solar community in which the entire community has
  244  been marketed as a solar community and all of the homes in the
  245  community are intended to have a renewable energy source device,
  246  or a solar community in which the developer has incorporated
  247  solar technology for purposes of meeting the Florida Building
  248  Code in s. 553.73.
  249         (13)A description of the renewable energy source device
  250  design assumptions, including the make and model of the major
  251  components, system size, estimated first-year energy production,
  252  and estimated annual energy production decreases, including the
  253  overall percentage degradation over the estimated life of the
  254  renewable energy source device, and the status of utility
  255  compensation for excess energy generated by the system at the
  256  time of contract signing. A seller who provides a warranty or
  257  guarantee of the energy production output of the renewable
  258  energy source device may provide a description of such warranty
  259  or guarantee in lieu of a description of the system design and
  260  components.
  261         (14)If leased, a description of any performance or
  262  production guarantees.
  263         (15)A description of the ownership and transferability of
  264  any tax credits, rebates, incentives, or renewable energy
  265  certificates associated with the renewable energy source device,
  266  including a disclosure as to whether the seller will assign or
  267  sell any associated renewable energy certificates to a third
  268  party.
  269         (16)A statement in substantially the following form: “You
  270  are responsible for property taxes on property you own. Consult
  271  a tax professional to understand any tax liability or
  272  eligibility for any tax credits that may result from the
  273  purchase of your renewable energy source device.”
  274         (17)If leased, the approximate start and completion dates
  275  for the installation of the renewable energy source device.
  276         (18)A disclosure as to whether maintenance and repairs of
  277  the renewable energy source device are included in the purchase
  278  price.
  279         (19)If purchased, a disclosure as to whether any warranty
  280  or maintenance obligations related to the renewable energy
  281  source device may be sold or transferred by the seller to a
  282  third party and, if so, a statement in substantially the
  283  following form: “Your contract may be assigned, sold, or
  284  transferred without your consent to a third party who will be
  285  bound to all the terms of the contract. If a transfer occurs,
  286  you will be notified if this will change the address or phone
  287  number to use for system maintenance or repair requests.”
  288         (20)If the buyer is purchasing the renewable energy source
  289  device, a disclosure notifying the buyer of the requirements for
  290  interconnecting the system to the utility system.
  291         (21)A disclosure notifying the buyer or lessee of the
  292  party responsible for obtaining interconnection approval.
  293         (22)A description of any roof warranties.
  294         (23)A disclosure notifying the lessee whether the seller
  295  will insure a leased renewable energy source device against
  296  damage or loss and, if applicable, the circumstances under which
  297  the seller will not insure the system against damage or loss.
  298         (24)A statement, if applicable, in substantially the
  299  following form: “You are responsible for obtaining insurance
  300  policies or coverage for any loss of or damage to the system.
  301  Consult an insurance professional to understand how to protect
  302  against the risk of loss or damage to the system.”
  303         (25)A disclosure notifying the buyer or lessee whether the
  304  seller or lessor will place a lien on the buyer’s or lessee’s
  305  home or other property as a result of entering into a purchase
  306  or lease agreement for the renewable energy source device.
  307         (26)A disclosure notifying the buyer or lessee whether the
  308  seller or lessor will file a fixture filing or a State of
  309  Florida Uniform Commercial Code Financing Statement Form (UCC-1)
  310  on the renewable energy source device.
  311         (27)A disclosure identifying whether the agreement
  312  contains any restrictions on the buyer’s or lessee’s ability to
  313  modify or transfer ownership of a renewable energy source
  314  device, including whether any modification or transfer is
  315  subject to review or approval by a third party.
  316         (28)A disclosure as to whether the lease agreement may be
  317  transferred to a purchaser upon sale of the home or real
  318  property to which the system is affixed, and any conditions for
  319  such transfer.
  320         (29)A blank section that allows the seller to provide
  321  additional relevant disclosures or explain disclosures made
  322  elsewhere in the disclosure form.
  323         520.24Rulemaking authority; standard disclosure form.—
  324         (1)The Department of Business and Professional Regulation
  325  shall adopt rules to implement and enforce this part.
  326         (2)The Department of Business and Professional Regulation
  327  shall, by January 1, 2018, publish standard disclosure forms
  328  that may be used to comply with the disclosure requirements of
  329  this part. Disclosures provided in substantially the form
  330  published by the department shall be regarded as complying with
  331  the disclosure requirements of this part.
  332         520.25Penalties.—Any seller who willfully and
  333  intentionally violates any provision of this part commits a
  334  noncriminal violation, as defined in s. 775.08(3), punishable by
  335  a fine not to exceed the lesser of either the cost of the
  336  removal of the renewable energy source device by an independent
  337  third party or the cost of the renewable energy source device.
  338         520.26Exemptions.—This part does not apply to the
  339  following:
  340         (1)A person or company, acting through its officers,
  341  employees, brokers, or agents, that markets, sells, solicits,
  342  negotiates, or enters into an agreement for the sale or
  343  financing of a renewable energy source device as part of a
  344  transaction involving the sale or transfer of the real property
  345  on which the system is or will be affixed.
  346         (2)A transaction involving the sale or transfer of the
  347  real property on which a renewable energy source device is
  348  located.
  349         (3)A third party, including a local government, that
  350  enters into an agreement for the financing of a renewable energy
  351  source device.
  352         (4) The sale or lease of a renewable energy source device
  353  to be installed on nonresidential real property.
  354         Section 7. Subsection (6) of section 520.68, Florida
  355  Statutes, is amended to read:
  356         520.68 Persons not required to be licensed.—No home
  357  improvement finance seller’s or seller’s license shall be
  358  required under this act of any person when acting in any
  359  capacity or type of transaction set forth in this section:
  360         (6) Retail establishments, including employees thereof,
  361  which are licensed under part III part II of this chapter and
  362  which engage in home improvements as an incidental part of their
  363  business. However, such retail establishments and their
  364  employees shall be governed by all other provisions contained in
  365  this act.
  366         Section 8. Paragraph (d) of subsection (2) of section
  367  671.304, Florida Statutes, is amended to read:
  368         671.304 Laws not repealed; precedence where code provisions
  369  in conflict with other laws; certain statutory remedies
  370  retained.—
  371         (2) The following laws and parts of laws are specifically
  372  not repealed and shall take precedence over any provisions of
  373  this code which may be inconsistent or in conflict therewith:
  374         (d) Chapter 520—Retail installment sales (Part I, Motor
  375  Vehicle Sales Finance Act; Part III Part II, Retail Installment
  376  Sales Act; Part IV Part III, Installment Sales Finance Act).
  377         Section 9. For the purpose of incorporating the amendment
  378  made by this act to section 193.624, Florida Statutes, in a
  379  reference thereto, paragraph (a) of subsection (4) of section
  380  193.155, Florida Statutes, is reenacted to read:
  381         193.155 Homestead assessments.—Homestead property shall be
  382  assessed at just value as of January 1, 1994. Property receiving
  383  the homestead exemption after January 1, 1994, shall be assessed
  384  at just value as of January 1 of the year in which the property
  385  receives the exemption unless the provisions of subsection (8)
  386  apply.
  387         (4)(a) Except as provided in paragraph (b) and s. 193.624,
  388  changes, additions, or improvements to homestead property shall
  389  be assessed at just value as of the first January 1 after the
  390  changes, additions, or improvements are substantially completed.
  391         Section 10. For the purpose of incorporating the amendment
  392  made by this act to section 193.624, Florida Statutes, in a
  393  reference thereto, paragraph (a) of subsection (6) of section
  394  193.1554, Florida Statutes, is reenacted to read:
  395         193.1554 Assessment of nonhomestead residential property.—
  396         (6)(a) Except as provided in paragraph (b) and s. 193.624,
  397  changes, additions, or improvements to nonhomestead residential
  398  property shall be assessed at just value as of the first January
  399  1 after the changes, additions, or improvements are
  400  substantially completed.
  401  
  402  ================= T I T L E  A M E N D M E N T ================
  403  And the title is amended as follows:
  404         Delete lines 3 - 17
  405  and insert:
  406         amending s. 24.118, F.S.; conforming a cross
  407         reference; amending s. 193.624, F.S.; revising the
  408         definition of the term “renewable energy source
  409         device”; prohibiting the consideration of just value
  410         of property attributable to a renewable energy source
  411         device in determining the assessed value of real
  412         property used for residential purposes; prohibiting
  413         the consideration of a specified percentage of the
  414         just value of property attributable to a renewable
  415         energy source device in determining the assessed value
  416         of real property used for nonresidential purposes;
  417         revising applicability; providing for expiration and
  418         reversion of specified amendments made by the act;
  419         creating s. 196.182, F.S.; exempting a specified
  420         percentage of the assessed value of certain renewable
  421         energy source devices from ad valorem taxation;
  422         providing applicability; exempting a specified
  423         percentage of the assessed value of renewable energy
  424         source devices affixed to property owned or leased by
  425         the United States Department of Defense for the
  426         military from ad valorem taxation; providing for
  427         expiration; amending s. 501.604, F.S.; conforming
  428         cross-references; reordering ch. 520, F.S., and
  429         creating part II of ch. 520, F.S., to be entitled
  430         “Renewable Energy Source Device Sales”; creating s.
  431         520.20, F.S.; defining terms; creating s. 520.21,
  432         F.S.; providing applicability and construction;
  433         creating s. 520.22, F.S.; requiring sellers of
  434         renewable energy source devices to comply with certain
  435         safety standards established by the Department of
  436         Business and Professional Regulation; creating s.
  437         520.23, F.S.; specifying requirements for a written
  438         statement in agreements governing the sale or lease of
  439         renewable energy source devices; creating s. 520.24,
  440         F.S.; requiring the department to adopt rules;
  441         requiring the department, by a specified date, to
  442         publish standard disclosure forms; providing
  443         construction; creating s. 520.25, F.S.; providing a
  444         penalty for willful and intentional violations;
  445         creating s. 520.26, F.S.; providing exemptions from
  446         applicability; amending ss. 520.68 and 671.304, F.S.;
  447         conforming cross-references; reenacting ss.
  448         193.155(4)(a) and 193.1554(6)(a), F.S., relating to
  449         homestead assessments and nonhomestead residential
  450         property assessments, respectively, to incorporate the
  451         amendment made to s. 193.624, F.S., in references
  452         thereto;