October 22, 2020
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635779
  Amendment
Bill No. HB 7135
Amendment No. 635779
CHAMBER ACTION
Senate House
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1Representative Mayfield offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 691-848 and insert:
5     3.  The Florida Energy and Climate Commission Department of
6Environmental Protection shall provide to the department a list
7of items eligible for the exemption provided in this paragraph.
8     4.a.  The exemption provided in this paragraph shall be
9available to a purchaser only through a refund of previously
10paid taxes. An eligible item is subject to refund one time. A
11person who has received a refund on an eligible item shall
12notify the next purchaser of the item that such item is no
13longer eligible for a refund of paid taxes. This notification
14shall be provided to each subsequent purchaser on the sales
15invoice or other proof of purchase.
16     b.  To be eligible to receive the exemption provided in
17this paragraph, a purchaser shall file an application with the
18Florida Energy and Climate Commission Department of
19Environmental Protection. The application shall be developed by
20the Florida Energy and Climate Commission Department of
21Environmental Protection, in consultation with the department,
22and shall require:
23     (I)  The name and address of the person claiming the
24refund.
25     (II)  A specific description of the purchase for which a
26refund is sought, including, when applicable, a serial number or
27other permanent identification number.
28     (III)  The sales invoice or other proof of purchase showing
29the amount of sales tax paid, the date of purchase, and the name
30and address of the sales tax dealer from whom the property was
31purchased.
32     (IV)  A sworn statement that the information provided is
33accurate and that the requirements of this paragraph have been
34met.
35     c.  Within 30 days after receipt of an application, the
36Florida Energy and Climate Commission Department of
37Environmental Protection shall review the application and shall
38notify the applicant of any deficiencies. Upon receipt of a
39completed application, the Florida Energy and Climate Commission
40Department of Environmental Protection shall evaluate the
41application for exemption and issue a written certification that
42the applicant is eligible for a refund or issue a written denial
43of such certification within 60 days after receipt of the
44application. The Florida Energy and Climate Commission
45Department of Environmental Protection shall provide the
46department with a copy of each certification issued upon
47approval of an application.
48     d.  Each certified applicant shall be responsible for
49forwarding a certified copy of the application and copies of all
50required documentation to the department within 6 months after
51certification by the Florida Energy and Climate Commission
52Department of Environmental Protection.
53     e.  The provisions of s. 212.095 do not apply to any refund
54application made pursuant to this paragraph. A refund approved
55pursuant to this paragraph shall be made within 30 days after
56formal approval by the department.
57     f.  The Florida Energy and Climate Commission may adopt the
58form for the application for a certificate, requirements for the
59content and format of information submitted to the Florida
60Energy and Climate Commission in support of the application,
61other procedural requirements, and criteria by which the
62application will be determined by rule. The department may adopt
63all other rules pursuant to ss. 120.536(1) and 120.54 to
64administer this paragraph, including rules establishing
65additional forms and procedures for claiming this exemption.
66     g.  The Florida Energy and Climate Commission Department of
67Environmental Protection shall be responsible for ensuring that
68the total amounts of the exemptions authorized do not exceed the
69limits as specified in subparagraph 2.
70     5.  The Florida Energy and Climate Commission Department of
71Environmental Protection shall determine and publish on a
72regular basis the amount of sales tax funds remaining in each
73fiscal year.
74     6.  This paragraph expires July 1, 2010.
75     Section 9.  Present subsections (1), (3), (6), and (7) of
76section 220.192, Florida Statutes, are amended, and a new
77subsection (6) is added to that section, to read:
78     220.192  Renewable energy technologies investment tax
79credit.--
80     (1)  DEFINITIONS.--For purposes of this section, the term:
81     (a)  "Biodiesel" means biodiesel as defined in s.
82212.08(7)(ccc).
83     (b)  "Corporation" includes a general partnership, limited
84partnership, limited liability company, unincorporated business,
85or other business entity, including entities taxed as
86partnerships for federal income tax purposes.
87     (c)(b)  "Eligible costs" means:
88     1.  Seventy-five percent of all capital costs, operation
89and maintenance costs, and research and development costs
90incurred between July 1, 2006, and June 30, 2010, up to a limit
91of $3 million per state fiscal year for all taxpayers, in
92connection with an investment in hydrogen-powered vehicles and
93hydrogen vehicle fueling stations in the state, including, but
94not limited to, the costs of constructing, installing, and
95equipping such technologies in the state.
96     2.  Seventy-five percent of all capital costs, operation
97and maintenance costs, and research and development costs
98incurred between July 1, 2006, and June 30, 2010, up to a limit
99of $1.5 million per state fiscal year for all taxpayers, and
100limited to a maximum of $12,000 per fuel cell, in connection
101with an investment in commercial stationary hydrogen fuel cells
102in the state, including, but not limited to, the costs of
103constructing, installing, and equipping such technologies in the
104state.
105     3.  Seventy-five percent of all capital costs, operation
106and maintenance costs, and research and development costs
107incurred between July 1, 2006, and June 30, 2010, up to a limit
108of $6.5 million per state fiscal year for all taxpayers, in
109connection with an investment in the production, storage, and
110distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
111the state, including the costs of constructing, installing, and
112equipping such technologies in the state. Gasoline fueling
113station pump retrofits for ethanol (E10-E100) distribution
114qualify as an eligible cost under this subparagraph.
115     (d)(c)  "Ethanol" means ethanol as defined in s.
116212.08(7)(ccc).
117     (e)(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
118defined in s. 212.08(7)(ccc).
119     (f)  "Taxpayer" includes a corporation as defined in
120paragraph (b) or s. 220.03.
121     (3)  CORPORATE APPLICATION PROCESS.--Any corporation
122wishing to obtain tax credits available under this section must
123submit to the Florida Energy and Climate Commission Department
124of Environmental Protection an application for tax credit that
125includes a complete description of all eligible costs for which
126the corporation is seeking a credit and a description of the
127total amount of credits sought. The Florida Energy and Climate
128Commission Department of Environmental Protection shall make a
129determination on the eligibility of the applicant for the
130credits sought and certify the determination to the applicant
131and the Department of Revenue. The corporation must attach the
132Florida Energy and Climate Commission's Department of
133Environmental Protection's certification to the tax return on
134which the credit is claimed. The Florida Energy and Climate
135Commission Department of Environmental Protection shall be
136responsible for ensuring that the corporate income tax credits
137granted in each fiscal year do not exceed the limits provided
138for in this section. The Florida Energy and Climate Commission
139Department of Environmental Protection is authorized to adopt
140the necessary rules, guidelines, and application materials for
141the application process.
142     (6)  TRANSFERABILITY OF CREDIT.--
143     (a)  For tax years beginning on or after January 1, 2009,
144any corporation or subsequent transferee allowed a tax credit
145under this section may transfer the credit, in whole or in part,
146to any taxpayer by written agreement without transferring any
147ownership interest in the property generating the credit or any
148interest in the entity owning such property. The transferee is
149entitled to apply the credits against the tax with the same
150effect as if the transferee had incurred the eligible costs.
151     (b)  To perfect the transfer, the transferor shall provide
152the department with a written transfer statement notifying the
153department of the transferor's intent to transfer the tax
154credits to the transferee; the date the transfer is effective;
155the transferee's name, address, and federal taxpayer
156identification number; the tax period; and the amount of tax
157credits to be transferred. The department shall, upon receipt of
158a transfer statement conforming to the requirements of this
159section, provide the transferee with a certificate reflecting
160the tax credit amounts transferred. A copy of the certificate
161must be attached to each tax return for which the transferee
162seeks to apply such tax credits.
163     (c)  A tax credit authorized under this section that is
164held by a corporation and not transferred under this subsection
165shall be passed through to the taxpayers designated as partners,
166members, or owners, respectively, in the manner agreed to by
167such persons regardless of whether such partners, members, or
168owners are allocated or allowed any portion of the federal
169energy tax credit for the eligible costs. A corporation that
170passes the credit through to a partner, member, or owner must
171comply with the notification requirements described in paragraph
172(b). The partner, member, or owner must attach a copy of the
173certificate to each tax return on which the partner, member, or
174owner claims any portion of the credit.
175     (7)(6)  RULES.--The Department of Revenue shall have the
176authority to adopt rules pursuant to ss. 120.536(1) and 120.54
177to administer this section, including rules relating to:
178     (a)  The forms required to claim a tax credit under this
179section, the requirements and basis for establishing an
180entitlement to a credit, and the examination and audit
181procedures required to administer this section.
182     (b)  The implementation and administration of the
183provisions allowing a transfer of a tax credit, including rules
184prescribing forms, reporting requirements, and specific
185procedures, guidelines, and requirements necessary to transfer a
186tax credit.
187     (8)(7)  PUBLICATION.--The Florida Energy and Climate
188Commission Department of Environmental Protection shall
189determine and publish on a regular basis the
190
191
192
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193
T I T L E  A M E N D M E N T
194     Remove lines 34-43 and insert:
195limited to one refund; requiring a person who receives a refund
196to notify a subsequent purchaser of such refund; transferring
197certain duties and responsibilities from the Department of
198Environmental Protection to the Florida Energy and Climate
199Commission; requiring the Florida Energy and Climate Commission
200to adopt, by rule, an application form for claiming a tax
201exemption; amending s. 220.192, F.S.; defining terms related to
202a tax credit; allowing the tax credit to be transferred for a
203specified period; providing procedures and requirements;
204requiring the Department of Revenue to adopt rules for
205implementation and administration of the program; transferring
206certain duties and responsibilities from the Department of
207Environmental Protection to the Florida Energy and Climate
208Commission; amending s. 220.193, F.S.; defining the terms


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