October 01, 2020
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Florida Senate - 2008 (Reformatted) SB 412

By Senator Bennett

21-00347A-08 2008412__

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A bill to be entitled

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An act relating to energy; amending s. 196.175, F.S.;

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revising provisions of the property tax exemption provided

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for renewable energy sources; excluding the assessed value

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of certain real property for determination of such

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exemption; amending s. 212.08, F.S.; redefining the term

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"ethanol" for purposes of a sales tax exemption;

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specifying eligible items as limited to one refund;

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requiring a purchaser who receives a refund to notify a

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subsequent purchaser of such refund; requiring the Florida

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Alternative Energy Center rather than the Department of

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Environmental Protection to certify eligibility for the

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sales tax exemption for equipment, technology, and other

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materials for renewable energy; amending s. 213.053, F.S.;

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providing for the Department of Revenue to provide

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information to the Florida Alternative Energy Center

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rather than the Department of Environmental Protection for

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purposes of administering the sales tax exemption and the

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corporate income tax credit; amending s. 220.192, F.S.,

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relating to the renewable energy technologies investment

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tax credit; providing a definition; providing for the

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transferability of such tax credit; providing requirements

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and procedures therefor; providing rulemaking requirements

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and authority; amending s. 220.193, F.S.; providing a

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definition; providing that a taxpayer's use of certain

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credits does not prohibit the use of other authorized

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credits; amending s. 255.251, F.S.; revising a short

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title; amending s. 255.252, F.S.; revising criteria for

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energy conservation and sustainability for state-owned

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buildings; requiring buildings constructed and financed by

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the state to meet certain environmental standards approved

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by the Department of Management Services; requiring state

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agencies to identify state-owned buildings that are

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suitable for guaranteed energy performance savings

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contracts; providing requirements and procedures therefor;

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requiring the Department of Management Services to

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evaluate identified facilities and develop an energy

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efficiency project schedule; providing criteria for such

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schedule; amending s. 255.253, F.S.; providing

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definitions; amending s. 255.254, F.S.; requiring certain

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state-owned buildings to meet sustainable building

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ratings; amending s. 255.255, F.S.; requiring the

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department to adopt rules and procedures for energy

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conservation performance guidelines based on sustainable

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building ratings; amending s. 287.063, F.S.; prohibiting

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the term of payment for consolidated equipment finance

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contracts from extending beyond the anticipated useful

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life of the equipment financed; deleting the requirement

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that the Chief Financial Officer establish criteria that

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prohibits a state agency from obligating an annualized

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amount of payments for certain deferred payment purchases;

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amending s. 287.064, F.S.; extending the period of time

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allowed for the repayment of funds for certain purchases

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relating to energy conservation measures; requiring

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guaranteed energy performance savings contractors to

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provide for the replacement or the extension of the useful

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life of the equipment during the term of a contract;

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amending s. 366.04, F.S.; authorizing the Public Service

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Commission to review and approve an asset transfer or a

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merger or combination between a public utility and another

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entity; authorizing the commission to adopt rules;

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creating s. 366.915, F.S.; creating the Florida Advanced

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Energy Portfolio Standard Act; providing legislative

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findings; providing definitions; requiring public

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utilities to sell a minimum amount of renewable energy;

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authorizing the Public Service Commission to adopt rules;

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amending s. 366.91, F.S.; redefining the term "renewable

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energy"; creating s. 366.925, F.S.; providing a short

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title; directing the Public Service Commission to develop

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rules requiring all public utilities to develop net-

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metering programs; providing for a customer to receive

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credit for electricity generated by renewable energy

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systems owned by the customer; directing the commission to

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adopt rules setting the standards that renewable energy

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systems must meet in order for customers to qualify for

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the program; requiring every wholesaler of diesel fuel to

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a marina within the state to offer biodiesel for sale;

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amending s. 377.703, F.S.; deleting provisions requiring

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that the Department of Environmental Protection conduct

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energy research and development, plan for the development

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of renewable energy resources, promote the development and

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use of renewable energy resources, and create a database

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of all energy programs in the state; repealing s.

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377.803(2), F.S.; eliminating a definition; amending s.

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377.806, F.S.; revising rebate eligibility and application

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requirements for solar photovoltaic systems; requiring

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applicants to apply for rebate reservations and rebate

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payments; providing a limitation; revising rulemaking

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authority; creating s. 403.0874, F.S.; providing a

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definition; directing the Department of Environmental

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Protection to develop greenhouse gas inventories;

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providing requirements for such inventories; authorizing

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the department to require emission reports; requiring the

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department to adopt rules; amending s. 489.145, F.S.;

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revising provisions relating to guaranteed energy

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performance savings contracting to include energy

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consumption and energy-related operational savings;

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revising provisions for the financing of guaranteed energy

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performance savings contracts; revising criteria for

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proposed contracts; revising provisions governing program

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administration and contract review; requiring that

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consolidated financing of deferred payment commodity

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contracts be secured by certain funds; requiring the Chief

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Financial Officer to review proposed guaranteed energy

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performance savings contracts; creating s. 570.958, F.S.;

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establishing the Biofuel Retail Sales Incentive Program;

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establishing goals for replacing petroleum consumption;

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providing definitions; providing incentive payments to

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qualified retail dealers for increases in the amount of

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biofuels offered for sale; providing requirements and

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procedures therefor; creating s. 570.959, F.S.;

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establishing the Florida Biofuel Production Incentive

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Program; providing definitions; providing incentive

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payments to producers of certain biofuels; providing

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requirements and procedures therefor; authorizing the

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Department of Agriculture and Consumer Services to adopt

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rules; directing the Florida Building Commission to

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convene a workgroup to develop a model residential energy

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efficiency ordinance; requiring the commission to consult

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with specified entities to review the cost-effectiveness

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of energy efficiency measures in the construction of

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residential, commercial, and government buildings;

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requiring the commission to consult with specified

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entities to develop and implement a public awareness

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campaign; requiring the commission to provide reports to

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the Legislature; requiring all county, municipal, and

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public community college buildings to meet certain energy

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efficiency standards for construction; providing

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applicability; establishing standards for diesel fuel

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purchases for use by state-owned diesel vehicles and

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equipment to include biodiesel fuel purchase requirements;

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establishing standards for fuel purchases for use by

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state-owned flex-fuel vehicles to include ethanol purchase

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requirements; establishing standards for the use of

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biodiesel fuels by school district transportation

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services; providing effective dates.

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

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     Section 1.  Section 196.175, Florida Statutes, is amended to

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read:

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     196.175  Renewable energy source exemption.--

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     (1)  Improved real property upon which a renewable energy

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source device is installed and operated shall be entitled to an

145

exemption in the amount of not greater than the lesser of:

146

     (a) The assessed value of such real property less any other

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exemptions applicable under this chapter;

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     (b) the original cost of the device, including the

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installation cost thereof, but excluding the cost of replacing

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previously existing property removed or improved in the course of

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such installation; or

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     (c) Eight percent of the assessed value of such property

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immediately following installation.

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     (2)  The exempt amount authorized under subsection (1) shall

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apply in full if the device was installed and operative

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throughout the 12-month period preceding January 1 of the year of

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application for this exemption. If the device was operative for a

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portion of that period, the exempt amount authorized under this

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section shall be reduced proportionally.

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     (3)  It shall be the responsibility of the applicant for an

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exemption pursuant to this section to demonstrate affirmatively

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to the satisfaction of the property appraiser that he or she

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meets the requirements for exemption under this section and that

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the original cost pursuant to paragraph (1)(b) and the period for

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which the device was operative, as indicated on the exemption

166

application, are correct.

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     (4)  No exemption authorized pursuant to this section shall

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be granted for a period of more than 10 years. No exemption shall

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be granted with respect to renewable energy source devices

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installed before July 1, 2009 January 1, 1980, or after December

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31, 1990.

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     Section 2.  Paragraph (ccc) of subsection (7) of section

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212.08, Florida Statutes, is amended to read:

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     212.08  Sales, rental, use, consumption, distribution, and

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storage tax; specified exemptions.--The sale at retail, the

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rental, the use, the consumption, the distribution, and the

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storage to be used or consumed in this state of the following are

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hereby specifically exempt from the tax imposed by this chapter.

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     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any

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entity by this chapter do not inure to any transaction that is

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otherwise taxable under this chapter when payment is made by a

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representative or employee of the entity by any means, including,

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but not limited to, cash, check, or credit card, even when that

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representative or employee is subsequently reimbursed by the

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entity. In addition, exemptions provided to any entity by this

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subsection do not inure to any transaction that is otherwise

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taxable under this chapter unless the entity has obtained a sales

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tax exemption certificate from the department or the entity

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obtains or provides other documentation as required by the

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department. Eligible purchases or leases made with such a

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certificate must be in strict compliance with this subsection and

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departmental rules, and any person who makes an exempt purchase

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with a certificate that is not in strict compliance with this

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subsection and the rules is liable for and shall pay the tax. The

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department may adopt rules to administer this subsection.

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     (ccc)  Equipment, machinery, and other materials for

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renewable energy technologies.--

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     1.  As used in this paragraph, the term:

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     a.  "Biodiesel" means the mono-alkyl esters of long-chain

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fatty acids derived from plant or animal matter for use as a

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source of energy and meeting the specifications for biodiesel and

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biodiesel blends with petroleum products as adopted by the

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Department of Agriculture and Consumer Services. Biodiesel may

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refer to biodiesel blends designated BXX, where XX represents the

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volume percentage of biodiesel fuel in the blend.

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     b. "Ethanol" means an nominally anhydrous denatured alcohol

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produced by the conversion of carbohydrates fermentation of plant

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sugars meeting the specifications for fuel ethanol and fuel

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ethanol blends with petroleum products as adopted by the

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Department of Agriculture and Consumer Services. Ethanol may

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refer to fuel ethanol blends designated EXX, where XX represents

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the volume percentage of fuel ethanol in the blend.

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     c.  "Hydrogen fuel cells" means equipment using hydrogen or

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a hydrogen-rich fuel in an electrochemical process to generate

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energy, electricity, or the transfer of heat.

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     2.  The sale or use of the following in the state is exempt

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from the tax imposed by this chapter:

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     a.  Hydrogen-powered vehicles, materials incorporated into

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hydrogen-powered vehicles, and hydrogen-fueling stations, up to a

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limit of $2 million in tax each state fiscal year for all

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taxpayers.

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     b.  Commercial stationary hydrogen fuel cells, up to a limit

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of $1 million in tax each state fiscal year for all taxpayers.

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     c.  Materials used in the distribution of biodiesel (B10-

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B100) and ethanol (E10-E100), including fueling infrastructure,

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transportation, and storage, up to a limit of $1 million in tax

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each state fiscal year for all taxpayers. Gasoline fueling

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station pump retrofits for ethanol (E10-E100) distribution

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qualify for the exemption provided in this sub-subparagraph.

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     3. The Florida Alternative Energy Center Department of

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Environmental Protection shall provide to the department a list

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of items eligible for the exemption provided in this paragraph.

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     4. The exemption provided in this paragraph is available

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only to the end user of the equipment, machinery, or other

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materials.

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     5.4.a. The exemption provided in this paragraph shall be

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available to a purchaser only through a refund of previously paid

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taxes. Only one purchase of an eligible item is subject to

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refund. A purchaser who has received a refund on an eligible item

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must notify any subsequent purchaser of the item that the item is

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no longer eligible for a refund of tax paid. This notification

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must be provided to the purchaser on the sales invoice or other

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proof of purchase.

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     b.  To be eligible to receive the exemption provided in this

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paragraph, a purchaser shall file an application with the Florida

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Alternative Energy Center Department of Environmental Protection.

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The application shall be developed by the Florida Alternative

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Energy Center Department of Environmental Protection, in

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consultation with the department, and shall require:

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     (I)  The name and address of the person claiming the refund.

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     (II)  A specific description of the purchase for which a

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refund is sought, including, when applicable, a serial number or

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other permanent identification number.

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     (III)  The sales invoice or other proof of purchase showing

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the amount of sales tax paid, the date of purchase, and the name

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and address of the sales tax dealer from whom the property was

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purchased.

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     (IV)  A sworn statement that the information provided is

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accurate and that the requirements of this paragraph have been

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met.

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     c.  Within 30 days after receipt of an application, the

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Florida Alternative Energy Center Department of Environmental

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Protection shall review the application and shall notify the

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applicant of any deficiencies. Upon receipt of a completed

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application, the Florida Alternative Energy Center Department of

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Environmental Protection shall evaluate the application for

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exemption and issue a written certification that the applicant is

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eligible for a refund or issue a written denial of such

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certification within 60 days after receipt of the application.

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The Florida Alternative Energy Center Department of Environmental

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Protection shall provide the department with a copy of each

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certification issued upon approval of an application.

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     d.  Each certified applicant shall be responsible for

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forwarding a certified copy of the application and copies of all

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required documentation to the department within 6 months after

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certification by the Florida Alternative Energy Center Department

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of Environmental Protection.

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     e.  The provisions of s. 212.095 do not apply to any refund

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application made pursuant to this paragraph. A refund approved

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pursuant to this paragraph shall be made within 30 days after

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formal approval by the department.

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     f.  The department may adopt all rules pursuant to ss.

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120.536(1) and 120.54 to administer this paragraph, including

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rules establishing forms and procedures for claiming this

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exemption.

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     g. The Florida Alternative Energy Center Department of

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Environmental Protection shall be responsible for ensuring that

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the total amounts of the exemptions authorized do not exceed the

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limits as specified in subparagraph 2.

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     5. The Florida Alternative Energy Center Department of

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Environmental Protection shall determine and publish on a regular

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basis the amount of sales tax funds remaining in each fiscal

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year.

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     6.  This paragraph expires July 1, 2010.

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     Section 3.  Effective July 1, 2008, paragraph (y) of

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subsection (8) of section 213.053, Florida Statutes, is amended

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to read:

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     213.053  Confidentiality and information sharing.--

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     (8)  Notwithstanding any other provision of this section,

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the department may provide:

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     (y)  Information relative to ss. 212.08(7)(ccc) and 220.192

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to the Florida Alternative Energy Center Department of

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Environmental Protection for use in the conduct of its official

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business.

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Disclosure of information under this subsection shall be pursuant

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to a written agreement between the executive director and the

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agency.  Such agencies, governmental or nongovernmental, shall be

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bound by the same requirements of confidentiality as the

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Department of Revenue.  Breach of confidentiality is a

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misdemeanor of the first degree, punishable as provided by s.

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775.082 or s. 775.083.

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     Section 4.  Subsection (1) of section 220.192, Florida

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Statutes, is amended, present subsection (6) of that section is

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renumbered as subsection (7) and amended, present subsection (7)

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of that section is renumbered as subsection (8), and a new

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subsection (6) is added to that section, to read:

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     220.192  Renewable energy technologies investment tax

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credit.--

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     (1)  DEFINITIONS.--For purposes of this section, the term:

321

     (a)  "Biodiesel" means biodiesel as defined in s.

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212.08(7)(ccc).

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     (b) "Corporation" means a general partnership, limited

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partnership, limited liability company, unincorporated business,

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or other business entity in which a taxpayer owns an interest and

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which is taxed as a partnership or is disregarded as a separate

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entity from the taxpayer for tax purposes.

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     (c)(b) "Eligible costs" means:

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     1.  Seventy-five percent of all capital costs, operation and

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maintenance costs, and research and development costs incurred

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between July 1, 2006, and June 30, 2010, up to a limit of $3

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million per state fiscal year for all taxpayers, in connection

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with an investment in hydrogen-powered vehicles and hydrogen

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vehicle fueling stations in the state, including, but not limited

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to, the costs of constructing, installing, and equipping such

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technologies in the state.

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     2.  Seventy-five percent of all capital costs, operation and

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maintenance costs, and research and development costs incurred

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between July 1, 2006, and June 30, 2010, up to a limit of $1.5

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million per state fiscal year for all taxpayers, and limited to a

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maximum of $12,000 per fuel cell, in connection with an

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investment in commercial stationary hydrogen fuel cells in the

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state, including, but not limited to, the costs of constructing,

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installing, and equipping such technologies in the state.

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     3.  Seventy-five percent of all capital costs, operation and

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maintenance costs, and research and development costs incurred

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between July 1, 2006, and June 30, 2010, up to a limit of $6.5

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million per state fiscal year for all taxpayers, in connection

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with an investment in the production, storage, and distribution

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of biodiesel (B10-B100) and ethanol (E10-E100) in the state,

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including the costs of constructing, installing, and equipping

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such technologies in the state. Gasoline fueling station pump

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retrofits for ethanol (E10-E100) distribution qualify as an

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eligible cost under this subparagraph.

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     (d)(c) "Ethanol" means ethanol as defined in s.

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212.08(7)(ccc).

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     (e)(d) "Hydrogen fuel cell" means hydrogen fuel cell as

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defined in s. 212.08(7)(ccc).

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     (6) TRANSFERABILITY OF CREDIT.--

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     (a) Any corporation and any subsequent transferee allowed

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the tax credit may transfer the tax credit, in whole or in part,

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to any taxpayer by written agreement, without the requirement of

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transferring any ownership interest in the property generating

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the tax credit or any interest in the entity that owns the

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property. Transferees are entitled to apply the credits against

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the tax with the same effect as if the transferee had incurred

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the eligible costs.

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     (b) To perfect the transfer, the transferor shall provide a

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written transfer statement providing notice to the Department of

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Revenue of the assignor's intent to transfer the tax credits to

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the assignee; the date the transfer is effective; the assignee's

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name, address, federal taxpayer identification number and tax

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period; and the amount of tax credits to be transferred. The

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Department of Revenue shall issue, upon receipt of a transfer

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statement conforming to the requirements of this section, a

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certificate to the assignee reflecting the tax credit amounts

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transferred, a copy of which shall be attached to each tax return

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by an assignee in which such tax credits are used.

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     (c) Tax credits derived by such entities treated as

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corporations under this section which are not transferred by such

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entities to other taxpayers under this subsection shall be passed

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through to the taxpayers designated as partners, members, or

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owners, respectively, in any manner agreed to by such persons,

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whether or not such persons are allocated or allowed any portion

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of the federal energy tax credit with respect to the eligible

386

costs.

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     (7)(6) RULES.--The Department of Revenue shall have the

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authority to adopt rules relating to:

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     (a) The forms required to claim a tax credit under this

390

section, the requirements and basis for establishing an

391

entitlement to a credit, and the examination and audit procedures

392

required to administer this section.

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     (b) The implementation and administration of the provisions

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allowing a transfer of tax credits, including rules prescribing

395

forms, reporting requirements, and the specific procedures,

396

guidelines, and requirements necessary for a tax credit to be

397

transferred.

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     (c) The implementation and administration of the provisions

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allowing a pass through of tax credits, including rules

400

prescribing forms, reporting requirements, and the specific

401

procedures, guidelines, and requirements necessary for a tax

402

credit to be passed through to an owner, member, or partner.

403

     (8)(7) PUBLICATION.--The Department of Environmental

404

Protection shall determine and publish on a regular basis the

405

amount of available tax credits remaining in each fiscal year.

406

     Section 5.  Paragraph (f) is added to subsection (2) and

407

paragraph (j) is added to subsection (3) of section 220.193,

408

Florida Statutes, to read:

409

     220.193  Florida renewable energy production credit.--

410

     (2)  As used in this section, the term:

411

     (f) "Sale" or "sold" includes the use of the electricity by

412

the producer of the electricity when such use decreases the

413

amount of electricity that would otherwise be purchased by the

414

producer thereof.

415

     (3)  An annual credit against the tax imposed by this

416

section shall be allowed to a taxpayer, based on the taxpayer's

417

production and sale of electricity from a new or expanded Florida

418

renewable energy facility. For a new facility, the credit shall

419

be based on the taxpayer's sale of the facility's entire

420

electrical production. For an expanded facility, the credit shall

421

be based on the increases in the facility's electrical production

422

that are achieved after May 1, 2006.

423

     (j) A taxpayer's use of the credit granted under this

424

section does not reduce the amount of any credit authorized by s.

425

220.186 which would otherwise be available to that taxpayer.

426

     Section 6.  Section 255.251, Florida Statutes, is amended to

427

read:

428

     255.251 Energy Conservation and Sustainable in Buildings

429

Act; short title.--This act may shall be cited as the "Florida

430

Energy Conservation and Sustainable in Buildings Act of 1974."

431

     Section 7.  Section 255.252, Florida Statutes, is amended to

432

read:

433

     255.252  Findings and intent.--

434

     (1)  Operating and maintenance expenditures associated with

435

energy equipment and with energy consumed in state-financed and

436

leased buildings represent a significant cost over the life of a

437

building. Energy conserved by appropriate building design not

438

only reduces the demand for energy but also reduces costs for

439

building operation. For example, commercial buildings are

440

estimated to use from 20 to 80 percent more energy than would be

441

required if energy-conserving designs were used. The size,

442

design, orientation, and operability of windows, the ratio of

443

ventilating air to air heated or cooled, the level of lighting

444

consonant with space-use requirements, the handling of occupancy

445

loads, and the ability to zone off areas not requiring equivalent

446

levels of heating or cooling are but a few of the considerations

447

necessary to conserving energy.

448

     (2) Significant efforts are needed to build energy-

449

efficient state-owned buildings that meet environmental standards

450

underway by the General Services Administration, the National

451

Institute of Standards and Technology, and others to detail the

452

considerations and practices for energy conservation in

453

buildings. Most important is that energy-efficient designs

454

provide energy savings over the life of the building structure.

455

Conversely, energy-inefficient designs cause excess and wasteful

456

energy use and high costs over that life. With buildings lasting

457

many decades and with energy costs escalating rapidly, it is

458

essential that the costs of operation and maintenance for energy-

459

using equipment and sustainable materials be included in all

460

design proposals for state-owned state buildings.

461

     (3) In order that such energy-efficiency and sustainable

462

materials considerations become a function of building design,

463

and also a model for future application in the private sector, it

464

shall be the policy of the state that buildings constructed and

465

financed by the state be designed and constructed to meet the

466

United States Green Building Council (USGBC) Leadership in Energy

467

and Environmental Design (LEED) rating system, Green Building

468

Initiative's Green Globes rating system, or a nationally

469

recognized, high-performance green building rating system as

470

approved by the department in a manner which will minimize the

471

consumption of energy used in the operation and maintenance of

472

such buildings. It is further the policy of the state, when

473

economically feasible, to retrofit existing state-owned buildings

474

in a manner that which will minimize the consumption of energy

475

used in the operation and maintenance of such buildings.

476

     (4)  In addition to designing and constructing new buildings

477

to be energy efficient energy-efficient, it shall be the policy

478

of the state to operate, maintain, and renovate existing state-

479

owned state facilities, or provide for their renovation, in a

480

manner that which will minimize energy consumption and maximize

481

their sustainability as well as ensure that facilities leased by

482

the state are operated so as to minimize energy use. Agencies are

483

encouraged to consider shared savings financing of such energy

484

projects, using contracts that which split the resulting savings

485

for a specified period of time between the agency and the private

486

firm or cogeneration contracts which otherwise permit the state

487

to lower its energy costs. Such energy contracts may be funded

488

from the operating budget.

489

     (5) Each state agency must identify and compile a list of

490

all state-owned buildings within its inventory which it

491

determines are suitable for a guaranteed energy performance

492

savings contract under s. 489.145. The list shall be submitted to

493

the Department of Management Services by December 31, 2008, and

494

must include any criteria used to determine suitability. The list

495

of suitable buildings shall be developed from the list of state-

496

owned facilities of more than 5,000 square feet in area and for

497

which the agency is responsible for paying the expenses of

498

utilities and other operating expenses as they relate to energy

499

use. In consultation with each department secretary or director,

500

by March 1, 2009, the Department of Management Services shall

501

evaluate each agency's facilities that are suitable for energy

502

conservation projects and shall develop an energy efficiency

503

project schedule based on factors such as project magnitude,

504

efficiency and effectiveness of energy conservation measures to

505

be implemented, and other factors that may prove to be

506

advantageous to pursue. The schedule must provide the deadline

507

for guaranteed energy performance savings contract improvements

508

to be made to the state-owned buildings.

509

     Section 8.  Subsections (6) and (7) are added to section

510

255.253, Florida Statutes, to read:

511

     255.253  Definitions; ss. 255.251-255.258.--

512

     (6) "Sustainable building" means a building that is healthy

513

and comfortable for its occupants and is economical to operate

514

while conserving resources, including energy, water, raw

515

materials, and land, and minimizing the generation of toxic

516

materials and waste in its design, construction, landscaping, and

517

operation.

518

     (7) "Sustainable building rating" means a rating

519

established by the United States Green Building Council (USGBC)

520

Leadership in Energy and Environmental Design (LEED) rating

521

system, Green Building Initiative's Green Globes rating system,

522

or a nationally recognized, high-performance green building

523

rating system as approved by the department.

524

     Section 9.  Section 255.254, Florida Statutes, is amended to

525

read:

526

     255.254 No facility constructed or leased without life-

527

cycle costs.--

528

     (1) A No state agency may not shall lease, construct, or

529

have constructed, within limits prescribed herein, a facility

530

without having secured from the department an a proper evaluation

531

of life-cycle costs based on sustainable building ratings, as

532

computed by an architect or engineer. Furthermore, construction

533

shall proceed only upon disclosing, for the facility chosen, the

534

life-cycle costs as determined in s. 255.255, its sustainable

535

building rating goal, and the capitalization of the initial

536

construction costs of the building. The life-cycle costs shall be

537

a primary consideration in the selection of a building design in

538

addition to its sustainable building rating goal. Such analysis

539

shall be required only for construction of buildings with an area

540

of 5,000 square feet or greater. For leased buildings 5,000

541

square feet or greater areas of 20,000 square feet or greater

542

within a given building boundary, an energy performance analysis

543

a life-cycle analysis shall be performed, and a lease shall only

544

be made only where there is a showing that the energy life-cycle

545

costs incurred by the state are minimal compared to available

546

like facilities.

547

     (2)  On and after January 1, 1979, no state agency shall

548

initiate construction or have construction initiated, prior to

549

approval thereof by the department, on a facility or self-

550

contained unit of any facility, the design and construction of

551

which incorporates or contemplates the use of an energy system

552

other than a solar energy system when the life-cycle costs

553

analysis prepared by the department has determined that a solar

554

energy system is the most cost-efficient energy system for the

555

facility or unit.

556

     (3)  After September 30, 1985, when any state agency must

557

replace or supplement major items of energy-consuming equipment

558

in existing state-owned or leased facilities or any self-

559

contained unit of any facility with other major items of energy-

560

consuming equipment, the selection of such items shall be made on

561

the basis of a life-cycle cost analysis of alternatives in

562

accordance with rules promulgated by the department under s.

564

     Section 10.  Subsection (1) of section 255.255, Florida

565

Statutes, is amended to read:

566

     255.255  Life-cycle costs.--

567

     (1) The department shall adopt promulgate rules and

568

procedures, including energy conservation performance guidelines

569

based on sustainable building ratings, for conducting a life-

570

cycle cost analysis of alternative architectural and engineering

571

designs and alternative major items of energy-consuming equipment

572

to be retrofitted in existing state-owned or leased facilities

573

and for developing energy performance indices to evaluate the

574

efficiency of energy utilization for competing designs in the

575

construction of state-financed and leased facilities.

576

     Section 11.  Paragraph (b) of subsection (2) and subsection

577

(5) of section 287.063, Florida Statutes, are amended to read:

578

     287.063  Deferred-payment commodity contracts; preaudit

579

review.--

580

     (2)

581

     (b)  The Chief Financial Officer shall establish, by rule,

582

criteria for approving purchases made under deferred-payment

583

contracts which require the payment of interest. Criteria shall

584

include, but not be limited to, the following provisions:

585

     1. A No contract may not shall be approved in which

586

interest exceeds the statutory ceiling contained in this section.

587

However, the interest component of any master equipment financing

588

agreement entered into for the purpose of consolidated financing

589

of a deferred-payment, installment sale, or lease-purchase shall

590

be deemed to comply with the interest rate limitation of this

591

section so long as the interest component of every interagency

592

agreement under such master equipment financing agreement

593

complies with the interest rate limitation of this section.

594

     2. A No deferred-payment purchase for less than $30,000 may

595

not shall be approved, unless it can be satisfactorily

596

demonstrated and documented to the Chief Financial Officer that

597

failure to make such deferred-payment purchase would adversely

598

affect an agency in the performance of its duties.  However, the

599

Chief Financial Officer may approve any deferred-payment purchase

600

if the Chief Financial Officer determines that such purchase is

601

economically beneficial to the state.

602

     3. No agency shall obligate an annualized amount of

603

payments for deferred-payment purchases in excess of current

604

operating capital outlay appropriations, unless specifically

605

authorized by law or unless it can be satisfactorily demonstrated

606

and documented to the Chief Financial Officer that failure to

607

make such deferred-payment purchase would adversely affect an

608

agency in the performance of its duties.

609

     3.4. A No contract may not shall be approved which extends

610

payment beyond 5 years, unless it can be satisfactorily

611

demonstrated and documented to the Chief Financial Officer that

612

failure to make such deferred-payment purchase would adversely

613

affect an agency in the performance of its duties. The payment

614

term may not exceed the useful life of the equipment unless the

615

contract provides for the replacement or the extension of the

616

useful life of the equipment during the term of the loan.

617

     (5) For purposes of this section, the annualized amount of

618

any such deferred payment commodity contract must be supported

619

from available recurring funds appropriated to the agency in an

620

appropriation category, other than the expense appropriation

621

category as defined in chapter 216, which that the Chief

622

Financial Officer has determined is appropriate or which that the

623

Legislature has designated for payment of the obligation incurred

624

under this section.

625

     Section 12.  Subsections (10) and (11) of section 287.064,

626

Florida Statutes, are amended to read:

627

     287.064  Consolidated financing of deferred-payment

628

purchases.--

629

     (10)  Costs incurred pursuant to a guaranteed energy

630

performance savings contract, including the cost of energy

631

conservation measures, each as defined in s. 489.145, may be

632

financed pursuant to a master equipment financing agreement;

633

however, the costs of training, operation, and maintenance may

634

not be financed. The period of time for repayment of the funds

635

drawn pursuant to the master equipment financing agreement under

636

this subsection may exceed 5 years but may not exceed 20 10 years

637

for energy conservation measures pursuant to s. 489.145,

638

excluding the costs of training, operation, and maintenance. The

639

guaranteed energy performance savings contractor shall provide

640

for the replacement or the extension of the useful life of the

641

equipment during the term of the contract.

642

     (11)  For purposes of consolidated financing of deferred

643

payment commodity contracts under this section by a state agency,

644

the annualized amount of any such contract must be supported from

645

available recurring funds appropriated to the agency in an

646

appropriation category, other than the expense appropriation

647

category as defined in chapter 216, which that the Chief

648

Financial Officer has determined is appropriate or that the

649

Legislature has designated for payment of the obligation incurred

650

under this section.

651

     Section 13.  Effective upon this act becoming a law,

652

subsection (7) is added to section 366.04, Florida Statutes, to

653

read:

654

     366.04  Jurisdiction of commission.--

655

     (7) The commission has specific authority to approve,

656

conditionally approve, or deny a proposed transfer of utility

657

assets or a proposed merger between a public utility and another

658

entity or the public utility's parent company or holding company

659

and another entity.

660

     (a) A transfer of a utility asset or a merger or

661

combination between a public utility and another entity or the

662

utility's parent company or holding company and another entity

663

may not occur through acquisition or change in control by stock

664

purchase or otherwise without the approval of the commission and

665

a determination that the proposed asset transfer or the proposed

666

merger or combination is not detrimental to the public interest.

667

However, a proposed asset transfer or a proposed merger or

668

combination of a public utility and another entity or the public

669

utility's parent or holding company and another entity may be

670

made before the commission's approval if the action is made

671

contingent upon commission approval.

672

     (b) The commission may establish, by rule, minimum values

673

of asset transfers which, because the value involved would not

674

adversely affect the utility, would be deemed immaterial, and

675

therefore would not be subject to commission review and approval.

676

     (c) The commission may approve an asset transfer or a

677

merger or combination as not being detrimental to the public

678

interest if it finds, after full review of all relevant facts,

679

that none of the following conditions exist or will exist if such

680

asset transfer or merger or combination is consummated:

681

     1. The transaction will adversely affect the adequacy and

682

reliability of the electric service that is provided to the

683

public utility's end-use customers;

684

     2. The transaction will materially adversely affect the

685

financial condition of the public utility; or

686

     3. The public utility's plans for managing the costs and

687

benefits of the merger or combination will unreasonably increase

688

the rates of the end-use customers.

689

     (d) A public utility seeking review under this subsection

690

must file a petition with the commission concurrent with or

691

before filing a similar petition to the Federal Energy Regulatory

692

Commission pursuant to s. 1289, EPACT 2005 s. 203(a) of the

693

Federal Power Act, 16 U.S.C. s. 824b(a). In support of the

694

petition, the public utility shall file direct testimony and

695

supporting documents at the time the initial petition is filed

696

with the commission.

697

     (e) The commission shall enter its final order within 150

698

days after the filing of the petition unless the commission and

699

the utility agree to extend this time.

700

     (f) The commission may adopt rules to administer this

701

subsection.

702

     Section 14.  Effective upon this act becoming a law, section

703

366.915, Florida Statutes, is created to read:

704

     366.915 Advanced Energy Portfolio Standard.--

705

     (1) This section may be cited as the "Florida Advanced

706

Energy Portfolio Standard Act."

707

     (2)(a) The Legislature finds that it is in the public's

708

interest to:

709

     1. Encourage investment in renewable energy resources in

710

order to expand environmentally sustainable methods of generating

711

electricity.

712

     2. Stimulate the economic growth of this state.

713

     3. Enhance the continued diversification of the fuel

714

sources for electricity used in the state.

715

     (b) The Legislature further finds and declares that a

716

program requiring public utilities to use renewable energy is a

717

way to encourage investments in renewable energy resources,

718

stimulate economic growth within the state, and enhance the

719

continued diversification of the state's energy resources.

720

     (3) As used in this section, the term:

721

     (a) "Biomass" means a power source that is comprised of,

722

but not limited to, combustible residues or gases from forest

723

products manufacturing, agricultural and orchard crops, waste

724

products from livestock and poultry operations and food

725

processing, urban wood waste, municipal solid waste, municipal

726

liquid waste treatment operations, and landfill gas.

727

     (b) "Advanced energy" means electrical energy produced from

728

a method that uses one or more of the following fuels or energy

729

sources: hydrogen produced from sources other than fossil fuels,

730

biomass, solar energy, geothermal energy, wind energy, ocean

731

energy, and hydroelectric power. The term also includes energy-

732

efficiency resources, such as waste heat from sulfuric acid

733

manufacturing operations and combined heat and power. The term

734

also includes nuclear and coal fuel when coal is used in a

735

facility having potential carbon-capturing technology.

736

     (4) Each public utility, as defined in s. 366.02, shall

737

ensure that by 2015 and for each year thereafter, at least 50

738

percent of all new net energy for load, using 2006 as a base

739

year, is derived from advanced energy produced in this state. If

740

a utility retrofits an existing plant to produce advanced energy,

741

this energy counts toward meeting this requirement.

742

     (5) If a public utility must purchase advanced energy in

743

order to satisfy the requirements of this section, the public

744

utility shall use a competitive-procurement process and give

745

priority to entities that produce advanced energy in this state.

746

     (6) The Public Service Commission may adopt rules to ensure

747

that the purchase of advanced energy by public utilities is

748

conducted in a fair and impartial manner, consistent with the

749

goals set forth in this section. The commission also may develop

750

an accreditation process to ensure that any entities providing

751

renewable energy in this state satisfy the goals of this section.

752

     (7) The requirements of this section shall be held in

753

abeyance if the reasons for a utility's failure to comply are

754

beyond the utility's control, including, but not limited to,

755

actions of a governmental entity or agency or weather-related

756

damage.

757

     Section 15.  Effective upon this act becoming a law,

758

paragraph (b) of subsection (2) of section 366.91, Florida

759

Statutes, is amended to read:

760

     366.91  Renewable energy.--

761

     (2)  As used in this section, the term:

762

     (b)  "Renewable energy" means electrical energy produced

763

from a method that uses one or more of the following fuels or

764

energy sources: hydrogen produced from sources other than fossil

765

fuels, biomass, solar energy, geothermal energy, wind energy,

766

ocean energy, and hydroelectric power. The term also includes the

767

alternative energy efficiency resources resource, waste heat,

768

from sulfuric acid manufacturing operations, and combined heat

769

and power.

770

     Section 16.  Effective upon this act becoming a law, section

771

366.925, Florida Statutes, is created to read:

772

     366.925 Electric utilities; net metering.--

773

     (1) This section may be cited as the "Florida Net Metering

774

Conservation Act."

775

     (2) The commission shall develop rules requiring all public

776

utilities to develop net-metering programs that meet the

777

requirements of this subsection. Each utility shall make

778

available meters that measure both energy production and

779

consumption by the customer. The customer shall receive credit at

780

the full retail rate for energy generated by an eligible system

781

and consumed by that customer behind the meter. If the customer's

782

system or systems behind the meter generates more energy than the

783

customer consumes behind the meter during a billing cycle, the

784

utility shall pay the customer for the excess generation at its

785

full avoided cost, as set forth in s. 366.051. Net metering is

786

available only at a single metering point and is not available as

787

a part of conjunctive billing of multiple points for a customer

788

or group of customers.

789

     (3) The commission shall develop rules setting the

790

interconnection requirements and other standards that renewable

791

energy systems must meet in order to ensure public safety and

792

reliability for customers who participate in the net-metering

793

program.

794

     Section 17. Effective upon this act becoming a law, every

795

wholesaler of diesel to a marina within this state must offer

796

biodiesel for sale.

797

     Section 18.  Subsection (3) of section 377.703, Florida

798

Statutes, is amended to read:

799

     377.703  Additional functions of the Department of

800

Environmental Protection; energy emergency contingency plan;

801

federal and state conservation programs.--

802

     (3)  DEPARTMENT OF ENVIRONMENTAL PROTECTION; DUTIES.--The

803

Department of Environmental Protection shall, in addition to

804

assuming the duties and responsibilities provided by ss. 20.255

805

and 377.701, perform the following functions consistent with the

806

development of a state energy policy:

807

     (a)  The department shall assume the responsibility for

808

development of an energy emergency contingency plan to respond to

809

serious shortages of primary and secondary energy sources. Upon a

810

finding by the Governor, implementation of any emergency program

811

shall be upon order of the Governor that a particular kind or

812

type of fuel is, or that the occurrence of an event which is

813

reasonably expected within 30 days will make the fuel, in short

814

supply. The department shall then respond by instituting the

815

appropriate measures of the contingency plan to meet the given

816

emergency or energy shortage. The Governor may utilize the

817

provisions of s. 252.36(5) to carry out any emergency actions

818

required by a serious shortage of energy sources.

819

     (b)  The department shall constitute the responsible state

820

agency for performing or coordinating the functions of any

821

federal energy programs delegated to the state, including energy

822

supply, demand, conservation, or allocation.

823

     (c)  The department shall analyze present and proposed

824

federal energy programs and make recommendations regarding those

825

programs to the Governor.

826

     (d)  The department shall coordinate efforts to seek federal

827

support or other support for state energy conservation

828

activities, including energy conservation, research, or

829

development, and shall be the state agency responsible for the

830

coordination of multiagency energy conservation programs and

831

plans.

832

     (e) The department shall analyze energy data collected and

833

prepare long-range forecasts of energy supply and demand in

834

coordination with the Florida Public Service Commission, which

835

shall have responsibility for electricity and natural gas

836

forecasts. To this end, the forecasts shall contain:

837

     1. An analysis of the relationship of state economic growth

838

and development to energy supply and demand, including the

839

constraints to economic growth resulting from energy supply

840

constraints.

841

     2. Plans for the development of renewable energy resources

842

and reduction in dependence on depletable energy resources,

843

particularly oil and natural gas, and an analysis of the extent

844

to which renewable energy sources are being utilized in the

845

state.

846

     3. Consideration of alternative scenarios of statewide

847

energy supply and demand for 5, 10, and 20 years, to identify

848

strategies for long-range action, including identification of

849

potential social, economic, and environmental effects.

850

     4. An assessment of the state's energy resources, including

851

examination of the availability of commercially developable and

852

imported fuels, and an analysis of anticipated effects on the

853

state's environment and social services resulting from energy

854

resource development activities or from energy supply

855

constraints, or both.

856

     (e)(f) The department shall make a report, as requested by

857

the Governor or the Legislature, reflecting its activities and

858

making recommendations of policies for improvement of the state's

859

response to energy supply and demand and its effect on the

860

health, safety, and welfare of the people of Florida. The report

861

shall include a report from the Florida Public Service Commission

862

on electricity and natural gas and information on energy

863

conservation programs conducted and under way in the past year

864

and shall include recommendations for energy conservation

865

programs for the state, including, but not limited to, the

866

following factors:

867

     1.  Formulation of specific recommendations for improvement

868

in the efficiency of energy utilization in governmental,

869

residential, commercial, industrial, and transportation sectors.

870

     2.  Collection and dissemination of information relating to

871

energy conservation.

872

     3.  Development and conduct of educational and training

873

programs relating to energy conservation.

874

     4.  An analysis of the ways in which state agencies are

875

seeking to implement s. 377.601(4), the state energy policy, and

876

recommendations for better fulfilling this policy.

877

     (f)(g) The department has authority to adopt rules pursuant

878

to ss. 120.536(1) and 120.54 to implement the provisions of this

879

act.

880

     (h) Promote the development and use of renewable energy

881

resources, in conformance with the provisions of chapter 187 and

882

s. 377.601, by:

883

     1. Establishing goals and strategies for increasing the use

884

of solar energy in this state.

885

     2. Aiding and promoting the commercialization of solar

886

energy technology, in cooperation with the Florida Solar Energy

887

Center, Enterprise Florida, Inc., and any other federal, state,

888

or local governmental agency which may seek to promote research,

889

development, and demonstration of solar energy equipment and

890

technology.

891

     3. Identifying barriers to greater use of solar energy

892

systems in this state, and developing specific recommendations

893

for overcoming identified barriers, with findings and

894

recommendations to be submitted annually in the report to the

895

Legislature required under paragraph (f).

896

     4. In cooperation with the Department of Transportation,

897

the Department of Community Affairs, Enterprise Florida, Inc.,

898

the Florida Solar Energy Center, and the Florida Solar Energy

899

Industries Association, investigating opportunities, pursuant to

900

the National Energy Policy Act of 1992 and the Housing and

901

Community Development Act of 1992, for solar electric vehicles

902

and other solar energy manufacturing, distribution, installation,

903

and financing efforts which will enhance this state's position as

904

the leader in solar energy research, development, and use.

905

     5. Undertaking other initiatives to advance the development

906

and use of renewable energy resources in this state.

907

908

In the exercise of its responsibilities under this paragraph, the

909

department shall seek the assistance of the solar energy industry

910

in this state and other interested parties and is authorized to

911

enter into contracts, retain professional consulting services,

912

and expend funds appropriated by the Legislature for such

913

purposes.

914

     (g)(i) The department shall promote energy conservation in

915

all energy use sectors throughout the state and shall constitute

916

the state agency primarily responsible for this function. To this

917

end, the department shall coordinate the energy conservation

918

programs of all state agencies and review and comment on the

919

energy conservation programs of all state agencies.

920

     (j) The department shall serve as the state clearinghouse

921

for indexing and gathering all information related to energy

922

programs in state universities, in private universities, in

923

federal, state, and local government agencies, and in private

924

industry and shall prepare and distribute such information in any

925

manner necessary to inform and advise the citizens of the state

926

of such programs and activities. This shall include developing

927

and maintaining a current index and profile of all research

928

activities, which shall be identified by energy area and may

929

include a summary of the project, the amount and sources of

930

funding, anticipated completion dates, or, in case of completed

931

research, conclusions, recommendations, and applicability to

932

state government and private sector functions. The department

933

shall coordinate, promote, and respond to efforts by all sectors

934

of the economy to seek financial support for energy activities.

935

The department shall provide information to consumers regarding

936

the anticipated energy-use and energy-saving characteristics of

937

products and services in coordination with any federal, state, or

938

local governmental agencies as may provide such information to

939

consumers.

940

     (h)(k) The department shall coordinate energy-related

941

programs of state government, including, but not limited to, the

942

programs provided in this section. To this end, the department

943

shall:

944

     1.  Provide assistance to other state agencies, counties,

945

municipalities, and regional planning agencies to further and

946

promote their energy planning activities.

947

     2.  Require, in cooperation with the Department of

948

Management Services, all state agencies to operate state-owned

949

and state-leased buildings in accordance with energy conservation

950

standards as adopted by the Department of Management Services.

951

Every 3 months, the Department of Management Services shall

952

furnish the department data on agencies' energy consumption in a

953

format mutually agreed upon by the two departments.

954

     3. Promote the development and use of renewable energy

955

resources, energy efficiency technologies, and conservation

956

measures.

957

     4.  Promote the recovery of energy from wastes, including,

958

but not limited to, the use of waste heat, the use of

959

agricultural products as a source of energy, and recycling of

960

manufactured products. Such promotion shall be conducted in

961

conjunction with, and after consultation with, the Department of

962

Environmental Protection, the Florida Public Service Commission

963

where electrical generation or natural gas is involved, and any

964

other relevant federal, state, or local governmental agency

965

having responsibility for resource recovery programs.

966

     (i)(l) The department shall develop, coordinate, and

967

promote a comprehensive research plan for state programs. Such

968

plan shall be consistent with state energy policy and shall be

969

updated on a biennial basis.

970

     (j)(m) In recognition of the devastation to the economy of

971

this state and the dangers to the health and welfare of residents

972

of this state caused by Hurricane Andrew, and the potential for

973

such impacts caused by other natural disasters, the department

974

shall include in its energy emergency contingency plan and

975

provide to the Department of Community Affairs for inclusion in

976

the state model energy efficiency building code specific

977

provisions to facilitate the use of cost-effective solar energy

978

technologies as emergency remedial and preventive measures for

979

providing electric power, street lighting, and water heating

980

service in the event of electric power outages.

981

     Section 19. Subsection (2) of section 377.803, Florida

982

Statutes, is repealed.

983

     Section 20.  Subsections (2) and (3) of section 377.806,

984

Florida Statutes, are amended, present subsection (6) of that

985

section is renumbered as subsection (7), present subsection (7)

986

of that section is renumbered as subsection (8) and amended, and

987

a new subsection (6) is added to that section, to read:

988

     377.806  Solar Energy System Incentives Program.--

989

     (2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--

990

     (a)  Eligibility requirements.--A solar photovoltaic system

991

qualifies for a rebate if:

992

     1.  The system is installed by a state-licensed master

993

electrician, electrical contractor, or solar contractor.

994

     2.  The system complies with state interconnection standards

995

as provided by the commission.

996

     3.  The system complies with all applicable building codes

997

as defined by the local jurisdictional authority.

998

     (b)  Rebate amounts.--The rebate amount shall be set at $4

999

per watt based on the total wattage rating of the system. The

1000

maximum allowable rebate per solar photovoltaic system

1001

installation shall be as follows:

1002

     1.  Twenty thousand dollars for a residence.

1003

     2.  One hundred thousand dollars for a place of business, a

1004

publicly owned or operated facility, or a facility owned or

1005

operated by a private, not-for-profit organization, including

1006

condominiums or apartment buildings.

1007

     (c) Application.--To be eligible to receive a rebate,

1008

applicants must file with the department a preapplication form

1009

demonstrating that the planned system will meet applicable

1010

requirements of this section. The department shall review the

1011

preapplication to determine if it complies with the requirements

1012

of this section, shall notify the applicant within 30 days after

1013

receipt of the preapplication that the preapplication has been

1014

received and meets such requirements, and shall reserve funding

1015

for the preapplication for up to 90 days following the date of

1016

issuance of notification to the applicant. Within 90 days after

1017

the purchase of the solar photovoltaic system, the applicant must

1018

submit to the department a separate application for a rebate

1019

payment.

1020

     (3)  SOLAR THERMAL SYSTEM INCENTIVE.--

1021

     (a)  Eligibility requirements.--A solar thermal system

1022

qualifies for a rebate if:

1023

     1.  The system is installed by a state-licensed solar or

1024

plumbing contractor.

1025

     2.  The system complies with all applicable building codes

1026

as defined by the local jurisdictional authority.

1027

     (b)  Rebate amounts.--Authorized rebates for installation of

1028

solar thermal systems shall be as follows:

1029

     1.  Five hundred dollars for a residence.

1030

     2.  Fifteen dollars per 1,000 Btu up to a maximum of $5,000

1031

for a place of business, a publicly owned or operated facility,

1032

or a facility owned or operated by a private, not-for-profit

1033

organization, including condominiums or apartment buildings. Btu

1034

must be verified by approved metering equipment.

1035

     (6) LIMITATION.--Rebates are limited to one type of system

1036

per resident per state fiscal year.

1037

     (8)(7) RULES.--The department shall adopt rules pursuant to

1038

ss. 120.536(1) and 120.54 to develop rebate applications for

1039

rebate reservations and rebate payments and administer the

1040

issuance of rebates.

1041

     Section 21.  Section 403.0874, Florida Statutes, is created

1042

to read:

1043

     403.0874 Greenhouse gas inventories.--

1044

     (1) "Greenhouse gases" means gases that trap heat in the

1045

atmosphere. The principal greenhouse gases are: carbon dioxide

1046

(CO2), methane (CH4), nitrous oxide (N2O), and fluorinated gases,

1047

such as hydrofluorocarbons, perfluorocarbons, and sulfur

1048

hexafluoride.

1049

     (2) The department shall develop greenhouse gas inventories

1050

that account for annual greenhouse gases emitted to and removed

1051

from the atmosphere, and forecast gases emitted and removed, for

1052

all major greenhouse gases, for time periods determined

1053

sufficient by the department to provide for adequate analysis and

1054

planning. The inventory shall also include greenhouse gas

1055

emissions that are considered carbon neutral through the use of

1056

renewable energy as defined in s. 366.91(2)(a).

1057

     (3) By rule, the department shall define which greenhouse

1058

gases are to be included in each inventory, the criteria for

1059

defining major emitters, which emitters must report emissions,

1060

and what methodologies shall be used to estimate gases emitted

1061

and removed from those not required to report.

1062

     (4) The department may require all major emitters of

1063

defined greenhouse gases to report emissions according to

1064

methodologies and reporting systems approved by the department

1065

and established by rule, which may include the use of quality-

1066

assured data from continuous emissions monitoring systems.

1067

     Section 22.  Section 489.145, Florida Statutes, is amended

1068

to read:

1069

     489.145  Guaranteed energy performance savings

1070

contracting.--

1071

     (1)  SHORT TITLE.--This section may be cited as the

1072

"Guaranteed Energy Performance Savings Contracting Act."

1073

     (2)  LEGISLATIVE FINDINGS.--The Legislature finds that

1074

investment in energy conservation measures in agency facilities

1075

can reduce the amount of energy consumed and produce immediate

1076

and long-term savings. It is the policy of this state to

1077

encourage agencies to invest in energy conservation measures that

1078

reduce energy consumption, produce a cost savings for the agency,

1079

and improve the quality of indoor air in public facilities and to

1080

operate, maintain, and, when economically feasible, build or

1081

renovate existing agency facilities in such a manner as to

1082

minimize energy consumption and maximize energy savings. It is

1083

further the policy of this state to encourage agencies to

1084

reinvest any energy savings resulting from energy conservation

1085

measures in additional energy conservation efforts.

1086

     (3)  DEFINITIONS.--As used in this section, the term:

1087

     (a)  "Agency" means the state, a municipality, or a

1088

political subdivision.

1089

     (b) "Energy conservation measure" means a training program,

1090

facility alteration, or an equipment purchase to be used in new

1091

construction, including an addition to an existing facility,

1092

which reduces energy or energy-related operating costs and

1093

includes, but is not limited to:

1094

     1.  Insulation of the facility structure and systems within

1095

the facility.

1096

     2.  Storm windows and doors, caulking or weatherstripping,

1097

multiglazed windows and doors, heat-absorbing, or heat-

1098

reflective, glazed and coated window and door systems, additional

1099

glazing, reductions in glass area, and other window and door

1100

system modifications that reduce energy consumption.

1101

     3.  Automatic energy control systems.

1102

     4.  Heating, ventilating, or air-conditioning system

1103

modifications or replacements.

1104

     5.  Replacement or modifications of lighting fixtures to

1105

increase the energy efficiency of the lighting system, which, at

1106

a minimum, must conform to the applicable state or local building

1107

code.

1108

     6.  Energy recovery systems.

1109

     7.  Cogeneration systems that produce steam or forms of

1110

energy such as heat, as well as electricity, for use primarily

1111

within a facility or complex of facilities.

1112

     8. Energy conservation measures that reduce Btu, kW, or kWh

1113

consumed or provide long-term operating cost reductions or

1114

significantly reduce Btu consumed.

1115

     9.  Renewable energy systems, such as solar, biomass, or

1116

wind systems.

1117

     10.  Devices that reduce water consumption or sewer charges.

1118

     11.  Storage systems, such as fuel cells and thermal

1119

storage.

1120

     12.  Generating technologies, such as microturbines.

1121

     13.  Any other repair, replacement, or upgrade of existing

1122

equipment.

1123

     (c)  "Energy cost savings" means a measured reduction in the

1124

cost of fuel, energy consumption, and stipulated operation and

1125

maintenance created from the implementation of one or more energy

1126

conservation measures when compared with an established baseline

1127

for the previous cost of fuel, energy consumption, and stipulated

1128

operation and maintenance.

1129

     (d)  "Guaranteed energy performance savings contract" means

1130

a contract for the evaluation, recommendation, and implementation

1131

of energy conservation measures or energy-related operational

1132

saving measures, which, at a minimum, shall include:

1133

     1.  The design and installation of equipment to implement

1134

one or more of such measures and, if applicable, operation and

1135

maintenance of such measures.

1136

     2.  The amount of any actual annual savings that meet or

1137

exceed total annual contract payments made by the agency for the

1138

contract and may include allowable cost avoidance. As used in

1139

this section, allowable cost avoidance calculations include, but

1140

are not limited to, avoided provable budgeted costs contained in

1141

a capital replacement plan less the current undepreciated value

1142

of replaced equipment and the replacement cost of the new

1143

equipment.

1144

     3.  The finance charges incurred by the agency over the life

1145

of the contract.

1146

     (e)  "Guaranteed energy performance savings contractor"

1147

means a person or business that is licensed under chapter 471,

1148

chapter 481, or this chapter, and is experienced in the analysis,

1149

design, implementation, or installation of energy conservation

1150

measures through energy performance contracts.

1151

     (4)  PROCEDURES.--

1152

     (a)  An agency may enter into a guaranteed energy

1153

performance savings contract with a guaranteed energy performance

1154

savings contractor to significantly reduce energy consumption or

1155

energy-related operating costs of an agency facility through one

1156

or more energy conservation measures.

1157

     (b)  Before design and installation of energy conservation

1158

measures, the agency must obtain from a guaranteed energy

1159

performance savings contractor a report that summarizes the costs

1160

associated with the energy conservation measures or energy-

1161

related operational cost saving measures and provides an estimate

1162

of the amount of the energy cost savings. The agency and the

1163

guaranteed energy performance savings contractor may enter into a

1164

separate agreement to pay for costs associated with the

1165

preparation and delivery of the report; however, payment to the

1166

contractor shall be contingent upon the report's projection of

1167

energy or operational cost savings being equal to or greater than

1168

the total projected costs of the design and installation of the

1169

report's energy conservation measures.

1170

     (c)  The agency may enter into a guaranteed energy

1171

performance savings contract with a guaranteed energy performance

1172

savings contractor if the agency finds that the amount the agency

1173

would spend on the energy conservation or energy-related cost

1174

saving measures will not likely exceed the amount of the energy

1175

or energy-related cost savings for up to 20 years from the date

1176

of installation, based on the life cycle cost calculations

1177

provided in s. 255.255, if the recommendations in the report were

1178

followed and if the qualified provider or providers give a

1179

written guarantee that the energy or energy-related cost savings

1180

will meet or exceed the costs of the system. However, actual

1181

computed cost savings must meet or exceed the estimated cost

1182

savings provided in program approval. Baseline adjustments used

1183

in calculations must be specified in the contract. The contract

1184

may provide for installment payments for a period not to exceed

1185

20 years.

1186

     (d)  A guaranteed energy performance savings contractor must

1187

be selected in compliance with s. 287.055; except that if fewer

1188

than three firms are qualified to perform the required services,

1189

the requirement for agency selection of three firms, as provided

1190

in s. 287.055(4)(b), and the bid requirements of s. 287.057 do

1191

not apply.

1192

     (e)  Before entering into a guaranteed energy performance

1193

savings contract, an agency must provide published notice of the

1194

meeting in which it proposes to award the contract, the names of

1195

the parties to the proposed contract, and the contract's purpose.

1196

     (f)  A guaranteed energy performance savings contract may

1197

provide for financing, including tax exempt financing, by a third

1198

party. The contract for third party financing may be separate

1199

from the energy performance contract. A separate contract for

1200

third party financing pursuant to this paragraph must include a

1201

provision that the third party financier must not be granted

1202

rights or privileges that exceed the rights and privileges

1203

available to the guaranteed energy performance savings

1204

contractor.

1205

     (g) Financing for guaranteed energy performance savings

1206

contracts may be provided under the authority of s. 287.064.

1207

     (h) The Office of the Chief Financial Officer shall review

1208

proposals to ensure that the most effective financing is being

1209

used.

1210

     (i)(g) In determining the amount the agency will finance to

1211

acquire the energy conservation measures, the agency may reduce

1212

such amount by the application of any grant moneys, rebates, or

1213

capital funding available to the agency for the purpose of buying

1214

down the cost of the guaranteed energy performance savings

1215

contract. However, in calculating the life cycle cost as required

1216

in paragraph (c), the agency shall not apply any grants, rebates,

1217

or capital funding.

1218

     (5)  CONTRACT PROVISIONS.--

1219

     (a)  A guaranteed energy performance savings contract must

1220

include a written guarantee that may include, but is not limited

1221

to the form of, a letter of credit, insurance policy, or

1222

corporate guarantee by the guaranteed energy performance savings

1223

contractor that annual energy cost savings will meet or exceed

1224

the amortized cost of energy conservation measures.

1225

     (b)  The guaranteed energy performance savings contract must

1226

provide that all payments, except obligations on termination of

1227

the contract before its expiration, may be made over time, but

1228

not to exceed 20 years from the date of complete installation and

1229

acceptance by the agency, and that the annual savings are

1230

guaranteed to the extent necessary to make annual payments to

1231

satisfy the guaranteed energy performance savings contract.

1232

     (c)  The guaranteed energy performance savings contract must

1233

require that the guaranteed energy performance savings contractor

1234

to whom the contract is awarded provide a 100-percent public

1235

construction bond to the agency for its faithful performance, as

1236

required by s. 255.05.

1237

     (d)  The guaranteed energy performance savings contract may

1238

contain a provision allocating to the parties to the contract any

1239

annual energy cost savings that exceed the amount of the energy

1240

cost savings guaranteed in the contract.

1241

     (e)  The guaranteed energy performance savings contract

1242

shall require the guaranteed energy performance savings

1243

contractor to provide to the agency an annual reconciliation of

1244

the guaranteed energy or energy-related cost savings. If the

1245

reconciliation reveals a shortfall in annual energy or energy-

1246

related cost savings, the guaranteed energy performance savings

1247

contractor is liable for such shortfall. If the reconciliation

1248

reveals an excess in annual energy cost savings, the excess

1249

savings may be allocated under paragraph (d) but may not be used

1250

to cover potential energy cost savings shortages in subsequent

1251

contract years.

1252

     (f)  The guaranteed energy performance savings contract must

1253

provide for payments of not less than one-twentieth of the price

1254

to be paid within 2 years from the date of the complete

1255

installation and acceptance by the agency using straight-line

1256

amortization for the term of the loan, and the remaining costs to

1257

be paid at least quarterly, not to exceed a 20-year term, based

1258

on life cycle cost calculations.

1259

     (g)  The guaranteed energy performance savings contract may

1260

extend beyond the fiscal year in which it becomes effective;

1261

however, the term of any contract expires at the end of each

1262

fiscal year and may be automatically renewed annually for up to

1263

20 years, subject to the agency making sufficient annual

1264

appropriations based upon continued realized energy savings.

1265

     (h)  The guaranteed energy performance savings contract must

1266

stipulate that it does not constitute a debt, liability, or

1267

obligation of the state.

1268

     (6)  PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The

1269

Department of Management Services, with the assistance of the

1270

Office of the Chief Financial Officer, shall may, within

1271

available resources, provide technical content assistance to

1272

state agencies contracting for energy conservation measures and

1273

engage in other activities considered appropriate by the

1274

department for promoting and facilitating guaranteed energy

1275

performance contracting by state agencies. The Office of the

1276

Chief Financial Officer, with the assistance of the Department of

1277

Management Services, shall may, within available resources,

1278

develop model contractual and related documents for use by state

1279

agencies. Prior to entering into a guaranteed energy performance

1280

savings contract, any contract or lease for third-party

1281

financing, or any combination of such contracts, a state agency

1282

shall submit such proposed contract or lease to the Office of the

1283

Chief Financial Officer for review and approval. A proposed

1284

contract or lease shall include:

1285

     (a) Supporting information required by s. 216.023(4)(a)9.

1286

     (b) Documentation supporting recurring funds requirements

1287

in ss. 287.063(5) and 287.064(11).

1288

     (c) Approval by the agency head or his or her designee.

1289

     (d) An agency measurement and verification plan to monitor

1290

costs savings.

1291

     (7) FUNDING SUPPORT.--For purposes of consolidated

1292

financing of deferred payment commodity contracts under this

1293

section by a state agency, any such contract must be supported

1294

from available recurring funds appropriated to the agency in an

1295

appropriation category, as defined in chapter 216, which the

1296

Chief Financial Officer has determined is appropriate or which

1297

the Legislature has designated for payment of the obligation

1298

incurred under this section.

1299

1300

The Office of the Chief Financial Officer may not approve any

1301

contract submitted under this section which does not meet the

1302

requirements of this section.

1303

     Section 23.  Section 570.958, Florida Statutes, is created

1304

to read:

1305

     570.958 Biofuel Retail Sales Incentive Program.--

1306

     (1) The purpose of this section is to encourage the retail

1307

sale of biofuels in this state and replace petroleum consumption

1308

in the state by the following percentages over the specified

1309

periods:

1310

     (a) Three percent from January 1, 2010, through December

1311

31, 2010.

1312

     (b) Five percent from January 1, 2011, through December 31,

1313

2011.

1314

     (c) Seven percent from January 1, 2012, through December

1315

31, 2012.

1316

     (d) Ten percent from January 1, 2013, through December 31,

1317

2013.

1318

     (2) As used in this section, the term:

1319

     (a) "Biodiesel" means the mono-alkyl esters of long-chain

1320

fatty acids derived from plant or animal matter for use as a

1321

source of energy and meeting the specifications for biodiesel and

1322

biodiesel blended with petroleum products as adopted by the

1323

department.

1324

     (b) "Biofuel" means E85 fuel ethanol, E10 motor fuel,

1325

biodiesel, and diesel blended fuel.

1326

     (c) "Diesel blended fuel" means a fuel mixture containing

1327

10 percent or more biodiesel or renewable diesel fuel, with the

1328

balance comprised of diesel fuel and meeting the specifications

1329

for diesel blends as adopted by the department.

1330

     (d) "E85 fuel ethanol" means ethanol blended with gasoline

1331

and formulated with a nominal percentage of 85 percent ethanol by

1332

volume and meeting the applicable fuel quality specifications as

1333

adopted by the department.

1334

     (e) "E10 motor fuel" means a motor fuel blend consisting of

1335

nominal percentages of 90 percent gasoline by volume and 10

1336

percent ethanol by volume and meeting the fuel quality

1337

specifications for gasoline as adopted by the department.

1338

     (f) "Ethanol or fuel ethanol" means an anhydrous denatured

1339

alcohol produced by the conversion of carbohydrates and meeting

1340

the specifications for fuel ethanol as adopted by the department.

1341

     (g) "Fuel dispenser" means a pump, meter, or similar device

1342

used to measure and deliver motor fuel or diesel fuel on a retail

1343

basis.

1344

     (h) "Renewable diesel fuel" means a fuel that meets the

1345

registration requirements for fuels and fuel additives

1346

established by the Environmental Protection Agency in the Clean

1347

Air Act; is not a mono-alkyl ester; is intended for use in

1348

engines that are designed to run on conventional, petroleum-

1349

derived diesel fuel; is derived from nonpetroleum renewable

1350

resources, including, but not limited to, vegetable oils, animal

1351

wastes, including poultry fats and poultry wastes, and other

1352

waste materials, or municipal solid waste and sludges and oils

1353

derived from wastewater and the treatment of wastewater; and

1354

meets the specifications for diesel fuel as adopted by the

1355

department.

1356

     (i) "Retail dealer" means any person who is engaged in the

1357

business of selling fuel at retail at posted retail prices.

1358

     (j) "Retail motor fuel site" means a geographic location in

1359

this state where a retail dealer sells or offers for sale motor

1360

fuel, diesel fuel, or biofuel to the public.

1361

     (3)(a) Subject to specific appropriation, a retail dealer

1362

who sells biofuel through fuel dispensers at retail motor fuel

1363

sites is entitled to an incentive payment that shall be computed

1364

as follows:

1365

     1. An incentive of 1 cent for each gallon of E10 motor fuel

1366

sold through a fuel dispenser.

1367

     2. An incentive of 5 cents for each gallon of E85 fuel

1368

ethanol sold through a fuel dispenser.

1369

     3. An incentive of 1 cent for each gallon of diesel blended

1370

fuel sold through a fuel dispenser.

1371

     4. An incentive of 3 cents for each gallon of biodiesel

1372

sold through a fuel dispenser.

1373

     (b) The incentive may be claimed for biofuel sold on or

1374

after January 1, 2010. Beginning in 2011, each applicant claiming

1375

an incentive under this section must first apply to the

1376

department by February 1 of each year for an allocation of the

1377

available incentive for the preceding calendar year. The

1378

department shall develop an application form. The application

1379

form shall, at a minimum, require a sworn affidavit from each

1380

retail dealer certifying the following information:

1381

     1. The name and principal address of the retail dealer.

1382

     2. The address of the retail dealer's retail motor fuel

1383

sites from which it sold biofuels during the preceding calendar

1384

year.

1385

     3. The total gallons of E10 ethanol sold through fuel

1386

dispensers.

1387

     4. The total gallons of E85 ethanol sold through fuel

1388

dispensers.

1389

     5. The total gallons of diesel blended fuel sold through

1390

fuel dispensers.

1391

     6. The total gallons of biodiesel sold through fuel

1392

dispensers.

1393

     7. Any other information deemed necessary by the department

1394

to adequately ensure that the incentive allowed under this

1395

section shall be made only to qualified Florida retail dealers.

1396

     (c) The department shall determine the amount of the

1397

incentive allowed under this section.

1398

     (4) If the amount of incentives applied for each year

1399

exceeds the amount appropriated, the department shall pay to each

1400

applicant a prorated amount based on each applicant's gallonage

1401

of qualified biofuel sold and dispensed that is eligible for the

1402

incentive under this section.

1403

     (5) The department may adopt rules pursuant to ss.

1404

120.536(1) and 120.54 to implement and administer this section,

1405

including rules prescribing forms, the documentation needed to

1406

substantiate a claim for the incentive, and the specific

1407

procedures and guidelines for claiming the incentive.

1408

     Section 24.  Section 570.959, Florida Statutes, is created

1409

to read:

1410

     570.959 Florida Biofuel Production Incentive Program.--

1411

     (1) The purpose of this section is to encourage the

1412

development and expansion of facilities that produce biofuels in

1413

this state from crops, agricultural waste and residues, and other

1414

biomass produced in this state by providing economic incentives

1415

to do so.

1416

     (2) As used in this section, the term:

1417

     (a) "Biodiesel" means the mono-alkyl esters of long-chain

1418

fatty acids derived from plant or animal matter for use as a

1419

source of energy and meeting the specifications for biodiesel and

1420

biodiesel blended with petroleum products as adopted by the

1421

department.

1422

     (b) "Biofuel" means ethanol or biodiesel.

1423

     (c) "Ethanol" or "fuel ethanol" means an anhydrous

1424

denatured alcohol produced by the conversion of carbohydrates and

1425

meeting the specifications for fuel ethanol adopted by the

1426

department.

1427

     (d) "Florida biofuel production" means production of

1428

biofuel in the state from crops, agricultural waste and residues,

1429

and other biomass produced in this state.

1430

     (3) In order to be eligible for the incentive provided in

1431

this section, a producer must have registered and have met the

1432

requirements contained in chapter 206.

1433

     (4) An incentive, subject to appropriation, shall be paid

1434

to a producer based on Florida biofuel production as follows:

1435

     (a) The incentive shall be 5 cents for each gallon of

1436

unblended Florida biofuel produced, exclusive of denaturant,

1437

during a given calendar year and sold to an unrelated blender of

1438

biofuel.

1439

     (b) The incentive may be earned for production on or after

1440

January 1, 2010. Beginning in 2011, each producer claiming an

1441

incentive under this section must first apply to the department

1442

by February 1 of each year for an allocation of available

1443

incentives. The department shall develop an application form that

1444

shall, at a minimum, require a sworn affidavit from each producer

1445

certifying the production that forms the basis of the application

1446

and certifying that all information contained in the application

1447

is true and correct.

1448

     (c) The department shall determine whether or not such

1449

production is eligible for the incentive under this section.

1450

     (d) If the amount of incentives applied for each year

1451

exceeds the amount appropriated, the department shall pay to each

1452

applicant a prorated amount based on the percentage of biofuel

1453

produced that is eligible for the incentive under this section.

1454

     (5) The department may adopt rules pursuant to ss.

1455

120.536(1) and 120.54 to implement and administer this section,

1456

including rules prescribing forms, the documentation needed to

1457

substantiate a claim for the incentive, and the specific

1458

procedures and guidelines for claiming the incentive.

1459

     Section 25. (1) The Florida Building Commission shall

1460

convene a workgroup comprised of representatives from the Florida

1461

Energy Commission, the Department of Community Affairs, the

1462

Building Officials Association of Florida, the Florida Energy

1463

Office, the Florida Home Builders Association, the Association of

1464

Counties, the League of Cities, and other stakeholders to develop

1465

a model residential energy efficiency ordinance that provides

1466

incentives to meet energy efficiency standards. The commission

1467

must report back to the Legislature with a developed ordinance by

1468

March 1, 2010.

1469

     (2) The Florida Building Commission shall, in consultation

1470

with the Florida Energy Commission, the Building Officials

1471

Association of Florida, the Florida Energy Office, the Florida

1472

Home Builders Association, the Association of Counties, the

1473

League of Cities, and other stakeholders, review the Florida

1474

Energy Code for Building Construction. Specifically, the

1475

commission shall revisit the analysis of cost-effectiveness that

1476

serves as the basis for energy efficiency levels for residential

1477

buildings, identify cost-effective means to improve energy

1478

efficiency in commercial buildings, and compare the code to the

1479

International Energy Conservation Code and the American Society

1480

of Heating Air-Conditioning and Refrigeration Engineers Standards

1481

90.1 and 90.2. The commission shall provide a report containing a

1482

standard to the Legislature by March 1, 2010, which may be

1483

adopted for the construction of all new residential, commercial,

1484

and government buildings.

1485

     (3) The Florida Building Commission, in consultation with

1486

the Florida Solar Energy Center, the Florida Energy Commission,

1487

the Florida Energy Office, the United States Department of

1488

Energy, and the Florida Home Builders Association, shall develop

1489

and implement a public awareness campaign that promotes energy

1490

efficiency and the benefits of building green by January 1, 2010.

1491

The campaign must include enhancement of an existing web site

1492

from which the public can obtain information pertaining to green

1493

building practices, calculate anticipated savings from use of

1494

those options, as well as learn about energy efficiency

1495

strategies that may be used in their existing home or when

1496

building a home. The campaign shall focus on the benefits of

1497

promoting energy efficiency to the purchasers of new homes, the

1498

various green building ratings available, and the promotion of

1499

various energy-efficient products through existing trade shows.

1500

The campaign must also include strategies for using print

1501

advertising, press releases, and television advertising to

1502

promote voluntary use of green building practices.

1503

     Section 26. (1) The Legislature declares that there is an

1504

important state interest in promoting the construction of energy-

1505

efficient and sustainable buildings. Government leadership in

1506

promoting these standards is vital to demonstrate the state's

1507

commitment to energy conservation, saving taxpayers money, and

1508

raising public awareness of energy-rating systems.

1509

     (2) All county, municipal, and public community college

1510

buildings shall be constructed to meet the United States Green

1511

Building Council (USGBC) Leadership in Energy and Environmental

1512

Design (LEED) rating system, Green Building Initiative's Green

1513

Globes rating system, or a nationally recognized, high-

1514

performance green building rating system as approved by the

1515

Department of Management Services. This section applies to all

1516

county, municipal, and public community college buildings whose

1517

architectural plans are started after July 1, 2010.

1518

     Section 27. State fleet biodiesel usage.--

1519

     (1) By July 1, 2010, a minimum of 5 percent, by January 1,

1520

2011, a minimum of 10 percent, and by January 1, 2012, a minimum

1521

of 20 percent of total diesel fuel purchases for use by state-

1522

owned diesel vehicles and equipment shall be biodiesel fuel

1523

(B20), subject to availability.

1524

     (2) By July 1, 2010, a minimum of 5 percent, by January 1,

1525

2011, a minimum of 10 percent, and by January 1, 2012, a minimum

1526

of 20 percent of total fuel purchases for use by state-owned

1527

flex-fuel vehicles shall be ethanol, subject to availability.

1528

     (3) The Department of Management Services shall provide for

1529

the proper administration, implementation, and enforcement of

1530

this section.

1531

     (4) The Department of Management Services shall report to

1532

the Legislature on or before March 1, 2010, and annually

1533

thereafter, the extent of biodiesel and ethanol use in the state

1534

fleet. The report must contain the number of gallons purchased

1535

since July 1, 2008, the average price of biodiesel and ethanol,

1536

and a description of fleet performance.

1537

     Section 28. School district biodiesel usage.--

1538

     (1) By January 1, 2010, a minimum of 20 percent of total

1539

diesel fuel purchases for use by school districts shall be

1540

biodiesel fuel (B20), subject to availability.

1541

     (2) If a school district contracts with another government

1542

entity or private entity to provide transportation services for

1543

any of its pupils, the biodiesel blend fuel requirement

1544

established pursuant to subsection (1) shall be part of that

1545

contract. However, this requirement applies only to contracts

1546

entered into on or after July 1, 2009.

1547

     Section 29.  Except as otherwise expressly provided in this

1548

act and except for this section, which shall take effect upon

1549

becoming a law, this act shall take effect July 1, 2008.

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

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