Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 2094
       
       
       
       
       
       
                                Barcode 219666                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .                                
             03/08/2012 05:32 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Gardiner moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (2) of section
    6  163.08, Florida Statutes, is amended to read:
    7         163.08 Supplemental authority for improvements to real
    8  property.—
    9         (2) As used in this section, the term:
   10         (a) “Local government” means a county, a municipality, or a
   11  dependent special district as defined in s. 189.403, or a
   12  separate legal entity created pursuant to s. 163.01(7).
   13         Section 2. Subsection (2) of section 186.801, Florida
   14  Statutes, is amended to read:
   15         186.801 Ten-year site plans.—
   16         (2) Within 9 months after the receipt of the proposed plan,
   17  the commission shall make a preliminary study of such plan and
   18  classify it as “suitable” or “unsuitable.” The commission may
   19  suggest alternatives to the plan. All findings of the commission
   20  shall be made available to the Department of Environmental
   21  Protection for its consideration at any subsequent electrical
   22  power plant site certification proceedings. It is recognized
   23  that 10-year site plans submitted by an electric utility are
   24  tentative information for planning purposes only and may be
   25  amended at any time at the discretion of the utility upon
   26  written notification to the commission. A complete application
   27  for certification of an electrical power plant site under
   28  chapter 403, when such site is not designated in the current 10
   29  year site plan of the applicant, shall constitute an amendment
   30  to the 10-year site plan. In its preliminary study of each 10
   31  year site plan, the commission shall consider such plan as a
   32  planning document and shall review:
   33         (a) The need, including the need as determined by the
   34  commission, for electrical power in the area to be served.
   35         (b) The effect on fuel diversity within the state.
   36         (c) The anticipated environmental impact of each proposed
   37  electrical power plant site.
   38         (d) Possible alternatives to the proposed plan.
   39         (e) The views of appropriate local, state, and federal
   40  agencies, including the views of the appropriate water
   41  management district as to the availability of water and its
   42  recommendation as to the use by the proposed plant of salt water
   43  or fresh water for cooling purposes.
   44         (f) The extent to which the plan is consistent with the
   45  state comprehensive plan.
   46         (g) The plan with respect to the information of the state
   47  on energy availability and consumption.
   48         (h) The amount of renewable energy resources the utility
   49  produces or purchases.
   50         (i) The amount of renewable energy resources the utility
   51  plans to produce or purchase over the 10-year planning horizon
   52  and the means by which the production or purchases will be
   53  achieved.
   54         (j) A statement describing how the production and purchase
   55  of renewable energy resources impact the utility’s present and
   56  future capacity and energy needs.
   57         Section 3. Paragraph (d) of subsection (2) of section
   58  212.055, Florida Statutes, is amended to read:
   59         212.055 Discretionary sales surtaxes; legislative intent;
   60  authorization and use of proceeds.—It is the legislative intent
   61  that any authorization for imposition of a discretionary sales
   62  surtax shall be published in the Florida Statutes as a
   63  subsection of this section, irrespective of the duration of the
   64  levy. Each enactment shall specify the types of counties
   65  authorized to levy; the rate or rates which may be imposed; the
   66  maximum length of time the surtax may be imposed, if any; the
   67  procedure which must be followed to secure voter approval, if
   68  required; the purpose for which the proceeds may be expended;
   69  and such other requirements as the Legislature may provide.
   70  Taxable transactions and administrative procedures shall be as
   71  provided in s. 212.054.
   72         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
   73         (d) The proceeds of the surtax authorized by this
   74  subsection and any accrued interest shall be expended by the
   75  school district, within the county and municipalities within the
   76  county, or, in the case of a negotiated joint county agreement,
   77  within another county, to finance, plan, and construct
   78  infrastructure; to acquire land for public recreation,
   79  conservation, or protection of natural resources; to provide
   80  loans, grants, or rebates to residential or commercial property
   81  owners who make energy efficiency improvements to their
   82  residential or commercial property, if a local government
   83  ordinance authorizing such use is approved by referendum; or to
   84  finance the closure of county-owned or municipally owned solid
   85  waste landfills that have been closed or are required to be
   86  closed by order of the Department of Environmental Protection.
   87  Any use of the proceeds or interest for purposes of landfill
   88  closure before July 1, 1993, is ratified. The proceeds and any
   89  interest may not be used for the operational expenses of
   90  infrastructure, except that a county that has a population of
   91  fewer than 75,000 and that is required to close a landfill may
   92  use the proceeds or interest for long-term maintenance costs
   93  associated with landfill closure. Counties, as defined in s.
   94  125.011, and charter counties may, in addition, use the proceeds
   95  or interest to retire or service indebtedness incurred for bonds
   96  issued before July 1, 1987, for infrastructure purposes, and for
   97  bonds subsequently issued to refund such bonds. Any use of the
   98  proceeds or interest for purposes of retiring or servicing
   99  indebtedness incurred for refunding bonds before July 1, 1999,
  100  is ratified.
  101         1. For the purposes of this paragraph, the term
  102  “infrastructure” means:
  103         a. Any fixed capital expenditure or fixed capital outlay
  104  associated with the construction, reconstruction, or improvement
  105  of public facilities that have a life expectancy of 5 or more
  106  years and any related land acquisition, land improvement,
  107  design, and engineering costs.
  108         b. A fire department vehicle, an emergency medical service
  109  vehicle, a sheriff’s office vehicle, a police department
  110  vehicle, or any other vehicle, and the equipment necessary to
  111  outfit the vehicle for its official use or equipment that has a
  112  life expectancy of at least 5 years.
  113         c. Any expenditure for the construction, lease, or
  114  maintenance of, or provision of utilities or security for,
  115  facilities, as defined in s. 29.008.
  116         d. Any fixed capital expenditure or fixed capital outlay
  117  associated with the improvement of private facilities that have
  118  a life expectancy of 5 or more years and that the owner agrees
  119  to make available for use on a temporary basis as needed by a
  120  local government as a public emergency shelter or a staging area
  121  for emergency response equipment during an emergency officially
  122  declared by the state or by the local government under s.
  123  252.38. Such improvements are limited to those necessary to
  124  comply with current standards for public emergency evacuation
  125  shelters. The owner must enter into a written contract with the
  126  local government providing the improvement funding to make the
  127  private facility available to the public for purposes of
  128  emergency shelter at no cost to the local government for a
  129  minimum of 10 years after completion of the improvement, with
  130  the provision that the obligation will transfer to any
  131  subsequent owner until the end of the minimum period.
  132         e. Any land acquisition expenditure for a residential
  133  housing project in which at least 30 percent of the units are
  134  affordable to individuals or families whose total annual
  135  household income does not exceed 120 percent of the area median
  136  income adjusted for household size, if the land is owned by a
  137  local government or by a special district that enters into a
  138  written agreement with the local government to provide such
  139  housing. The local government or special district may enter into
  140  a ground lease with a public or private person or entity for
  141  nominal or other consideration for the construction of the
  142  residential housing project on land acquired pursuant to this
  143  sub-subparagraph.
  144         2. For the purposes of this paragraph, the term “energy
  145  efficiency improvement” means any energy conservation and
  146  efficiency improvement that reduces consumption through
  147  conservation or a more efficient use of electricity, natural
  148  gas, propane, or other forms of energy on the property,
  149  including, but not limited to, air sealing; installation of
  150  insulation; installation of energy-efficient heating, cooling,
  151  or ventilation systems; installation of solar panels; building
  152  modifications to increase the use of daylight or shade;
  153  replacement of windows; installation of energy controls or
  154  energy recovery systems; installation of electric vehicle
  155  charging equipment; and installation of efficient lighting
  156  equipment.
  157         3.2. Notwithstanding any other provision of this
  158  subsection, a local government infrastructure surtax imposed or
  159  extended after July 1, 1998, may allocate up to 15 percent of
  160  the surtax proceeds for deposit in a trust fund within the
  161  county’s accounts created for the purpose of funding economic
  162  development projects having a general public purpose of
  163  improving local economies, including the funding of operational
  164  costs and incentives related to economic development. The ballot
  165  statement must indicate the intention to make an allocation
  166  under the authority of this subparagraph.
  167         Section 4. Paragraph (hhh) is added to subsection (7) of
  168  section 212.08, Florida Statutes, to read:
  169         212.08 Sales, rental, use, consumption, distribution, and
  170  storage tax; specified exemptions.—The sale at retail, the
  171  rental, the use, the consumption, the distribution, and the
  172  storage to be used or consumed in this state of the following
  173  are hereby specifically exempt from the tax imposed by this
  174  chapter.
  175         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  176  entity by this chapter do not inure to any transaction that is
  177  otherwise taxable under this chapter when payment is made by a
  178  representative or employee of the entity by any means,
  179  including, but not limited to, cash, check, or credit card, even
  180  when that representative or employee is subsequently reimbursed
  181  by the entity. In addition, exemptions provided to any entity by
  182  this subsection do not inure to any transaction that is
  183  otherwise taxable under this chapter unless the entity has
  184  obtained a sales tax exemption certificate from the department
  185  or the entity obtains or provides other documentation as
  186  required by the department. Eligible purchases or leases made
  187  with such a certificate must be in strict compliance with this
  188  subsection and departmental rules, and any person who makes an
  189  exempt purchase with a certificate that is not in strict
  190  compliance with this subsection and the rules is liable for and
  191  shall pay the tax. The department may adopt rules to administer
  192  this subsection.
  193         (hhh) Equipment, machinery, and other materials for
  194  renewable energy technologies.
  195         1. As used in this paragraph, the term:
  196         a. “Biodiesel” means the mono-alkyl esters of long-chain
  197  fatty acids derived from plant or animal matter for use as a
  198  source of energy and meeting the specifications for biodiesel
  199  and biodiesel blends with petroleum products as adopted by rule
  200  of the Department of Agriculture and Consumer Services.
  201  “Biodiesel” may refer to biodiesel blends designated BXX, where
  202  XX represents the volume percentage of biodiesel fuel in the
  203  blend.
  204         b. “Ethanol” means an anhydrous denatured alcohol produced
  205  by the conversion of carbohydrates meeting the specifications
  206  for fuel ethanol and fuel ethanol blends with petroleum products
  207  as adopted by rule of the Department of Agriculture and Consumer
  208  Services. “Ethanol” may refer to fuel ethanol blends designated
  209  EXX, where XX represents the volume percentage of fuel ethanol
  210  in the blend.
  211         c. “Renewable fuel” means a fuel produced from biomass that
  212  is used to replace or reduce the quantity of fossil fuel present
  213  in motor fuel or diesel fuel. “Biomass” means biomass as defined
  214  in s. 366.91, “motor fuel” means motor fuel as defined in s.
  215  206.01, and “diesel fuel” means diesel fuel as defined in s.
  216  206.86.
  217         2. The sale or use in the state of the following is exempt
  218  from the tax imposed by this chapter. Materials used in the
  219  distribution of biodiesel (B10-B100), ethanol (E10-E100), and
  220  other renewable fuels, including fueling infrastructure,
  221  transportation, and storage, up to a limit of $1 million in tax
  222  each state fiscal year for all taxpayers. Gasoline fueling
  223  station pump retrofits for biodiesel (B10-B100), ethanol (E10
  224  E100), and other renewable fuel distribution qualify for the
  225  exemption provided in this paragraph.
  226         3. The Department of Agriculture and Consumer Services
  227  shall provide to the department a list of items eligible for the
  228  exemption provided in this paragraph.
  229         4.a. The exemption provided in this paragraph shall be
  230  available to a purchaser only through a refund of previously
  231  paid taxes. An eligible item is subject to refund one time. A
  232  person who has received a refund on an eligible item shall
  233  notify the next purchaser of the item that the item is no longer
  234  eligible for a refund of paid taxes. The notification shall be
  235  provided to each subsequent purchaser on the sales invoice or
  236  other proof of purchase.
  237         b. To be eligible to receive the exemption provided in this
  238  paragraph, a purchaser shall file an application with the
  239  Department of Agriculture and Consumer Services. The application
  240  shall be developed by the Department of Agriculture and Consumer
  241  Services, in consultation with the department, and shall
  242  require:
  243         (I) The name and address of the person claiming the refund.
  244         (II) A specific description of the purchase for which a
  245  refund is sought, including, when applicable, a serial number or
  246  other permanent identification number.
  247         (III) The sales invoice or other proof of purchase showing
  248  the amount of sales tax paid, the date of purchase, and the name
  249  and address of the sales tax dealer from whom the property was
  250  purchased.
  251         (IV) A sworn statement that the information provided is
  252  accurate and that the requirements of this paragraph have been
  253  met.
  254         c. Within 30 days after receipt of an application, the
  255  Department of Agriculture and Consumer Services shall review the
  256  application and notify the applicant of any deficiencies. Upon
  257  receipt of a completed application, the Department of
  258  Agriculture and Consumer Services shall evaluate the application
  259  for the exemption and issue a written certification that the
  260  applicant is eligible for a refund or issue a written denial of
  261  such certification. The Department of Agriculture and Consumer
  262  Services shall provide the department a copy of each
  263  certification issued upon approval of an application.
  264         d. Each certified applicant is responsible for applying for
  265  the refund and forwarding the certification that the applicant
  266  is eligible to the department within 6 months after
  267  certification by the Department of Agriculture and Consumer
  268  Services.
  269         e. A refund approved pursuant to this paragraph shall be
  270  made within 30 days after formal approval by the department.
  271         f. The Department of Agriculture and Consumer Services may
  272  adopt by rule the form for the application for a certificate,
  273  requirements for the content and format of information submitted
  274  to the Department of Agriculture and Consumer Services in
  275  support of the application, other procedural requirements, and
  276  criteria by which the application will be determined. The
  277  Department of Agriculture and Consumer Services may adopt other
  278  rules pursuant to ss. 120.536(1) and 120.54 to administer this
  279  paragraph, including rules establishing additional forms and
  280  procedures for claiming the exemption.
  281         g. The Department of Agriculture and Consumer Services
  282  shall be responsible for ensuring that the total amount of the
  283  exemptions authorized do not exceed the limits specified in
  284  subparagraph 2.
  285         5. Approval of the exemptions under this paragraph is on a
  286  first-come, first-served basis, based upon the date complete
  287  applications are received by the Department of Agriculture and
  288  Consumer Services. Incomplete placeholder applications shall not
  289  be accepted and shall not secure a place in the first-come,
  290  first-served application line. The Department of Agriculture and
  291  Consumer Services shall determine and publish on its website on
  292  a regular basis the amount of sales tax funds remaining in each
  293  fiscal year.
  294         6. This paragraph expires July 1, 2016.
  295         Section 5. Paragraph (w) of subsection (8) of section
  296  213.053, Florida Statutes, is amended to read:
  297         213.053 Confidentiality and information sharing.—
  298         (8) Notwithstanding any other provision of this section,
  299  the department may provide:
  300         (w) Information relative to ss. 212.08(7)(hhh), 220.192,
  301  and 220.193 s. 220.192 to the Department of Agriculture and
  302  Consumer Services for use in the conduct of its official
  303  business.
  304  
  305  Disclosure of information under this subsection shall be
  306  pursuant to a written agreement between the executive director
  307  and the agency. Such agencies, governmental or nongovernmental,
  308  shall be bound by the same requirements of confidentiality as
  309  the Department of Revenue. Breach of confidentiality is a
  310  misdemeanor of the first degree, punishable as provided by s.
  311  775.082 or s. 775.083.
  312         Section 6. Subsections (1), (2), (4), (6), (7), and (8) of
  313  section 220.192, Florida Statutes, are amended to read:
  314         220.192 Renewable energy technologies investment tax
  315  credit.—
  316         (1) DEFINITIONS.—For purposes of this section, the term:
  317         (a) “Biodiesel” means biodiesel as defined in s.
  318  212.08(7)(hhh) former s. 212.08(7)(ccc).
  319         (b) “Corporation” includes a general partnership, limited
  320  partnership, limited liability company, unincorporated business,
  321  or other business entity, including entities taxed as
  322  partnerships for federal income tax purposes.
  323         (c) “Eligible costs” means:
  324         1. Seventy-five percent of all capital costs, operation and
  325  maintenance costs, and research and development costs incurred
  326  between July 1, 2006, and June 30, 2010, up to a limit of $3
  327  million per state fiscal year for all taxpayers, in connection
  328  with an investment in hydrogen-powered vehicles and hydrogen
  329  vehicle fueling stations in the state, including, but not
  330  limited to, the costs of constructing, installing, and equipping
  331  such technologies in the state.
  332         2. Seventy-five percent of all capital costs, operation and
  333  maintenance costs, and research and development costs incurred
  334  between July 1, 2006, and June 30, 2010, up to a limit of $1.5
  335  million per state fiscal year for all taxpayers, and limited to
  336  a maximum of $12,000 per fuel cell, in connection with an
  337  investment in commercial stationary hydrogen fuel cells in the
  338  state, including, but not limited to, the costs of constructing,
  339  installing, and equipping such technologies in the state.
  340         3.75 Seventy-five percent of all capital costs, operation
  341  and maintenance costs, and research and development costs
  342  incurred between July 1, 2012 2006, and June 30, 2016 2010, not
  343  to exceed $1 million per state fiscal year for each taxpayer and
  344  up to a limit of $10 $6.5 million per state fiscal year for all
  345  taxpayers, in connection with an investment in the production,
  346  storage, and distribution of biodiesel (B10-B100), and ethanol
  347  (E10-E100), and other renewable fuel in the state, including the
  348  costs of constructing, installing, and equipping such
  349  technologies in the state. Gasoline fueling station pump
  350  retrofits for biodiesel (B10-B100), ethanol (E10-E100), and
  351  other renewable fuel distribution qualify as an eligible cost
  352  under this section subparagraph.
  353         (d) “Ethanol” means ethanol as defined in s. 212.08(7)(hhh)
  354  former s. 212.08(7)(ccc).
  355         (e) “Renewable fuel” means a fuel produced from biomass
  356  that is used to replace or reduce the quantity of fossil fuel
  357  present in motor fuel or diesel fuel. “Biomass” means biomass as
  358  defined in s. 366.91, “motor fuel” means motor fuel as defined
  359  in s. 206.01, and “diesel fuel” means diesel fuel as defined in
  360  s. 206.86.
  361         (e) “Hydrogen fuel cell” means hydrogen fuel cell as
  362  defined in former s. 212.08(7)(ccc).
  363         (f) “Taxpayer” includes a corporation as defined in
  364  paragraph (b) or s. 220.03.
  365         (2) TAX CREDIT.—For tax years beginning on or after January
  366  1, 2013 2007, a credit against the tax imposed by this chapter
  367  shall be granted in an amount equal to the eligible costs.
  368  Credits may be used in tax years beginning January 1, 2013 2007,
  369  and ending December 31, 2016 2010, after which the credit shall
  370  expire. If the credit is not fully used in any one tax year
  371  because of insufficient tax liability on the part of the
  372  corporation, the unused amount may be carried forward and used
  373  in tax years beginning January 1, 2013 2007, and ending December
  374  31, 2018 2012, after which the credit carryover expires and may
  375  not be used. A taxpayer that files a consolidated return in this
  376  state as a member of an affiliated group under s. 220.131(1) may
  377  be allowed the credit on a consolidated return basis up to the
  378  amount of tax imposed upon the consolidated group. Any eligible
  379  cost for which a credit is claimed and which is deducted or
  380  otherwise reduces federal taxable income shall be added back in
  381  computing adjusted federal income under s. 220.13.
  382         (4) TAXPAYER APPLICATION PROCESS.—To claim a credit under
  383  this section, each taxpayer must apply to the Department of
  384  Agriculture and Consumer Services for an allocation of each type
  385  of annual credit by the date established by the Department of
  386  Agriculture and Consumer Services. The application form adopted
  387  by rule of the Department of Agriculture and Consumer Services
  388  must include an affidavit from each taxpayer certifying that all
  389  information contained in the application, including all records
  390  of eligible costs claimed as the basis for the tax credit, are
  391  true and correct. Approval of the credits under this section is
  392  on a first-come, first-served basis, based upon the date
  393  complete applications are received by the Department of
  394  Agriculture and Consumer Services. A taxpayer must submit only
  395  one complete application based upon eligible costs incurred
  396  within a particular state fiscal year. Incomplete placeholder
  397  applications will not be accepted and will not secure a place in
  398  the first-come, first-served application line. If a taxpayer
  399  does not receive a tax credit allocation due to the exhaustion
  400  of the annual tax credit authorizations, then such taxpayer may
  401  reapply in the following year for those eligible costs and will
  402  have priority over other applicants for the allocation of
  403  credits. If the annual tax credit authorization amount is not
  404  exhausted by allocations of credits within that particular state
  405  fiscal year, any authorized but unallocated credit amounts may
  406  be used to grant credits that were earned pursuant to s. 220.193
  407  but unallocated due to a lack of authorized funds.
  408         (6) TRANSFERABILITY OF CREDIT.—
  409         (a) For tax years beginning on or after January 1, 2014
  410  2009, any corporation or subsequent transferee allowed a tax
  411  credit under this section may transfer the credit, in whole or
  412  in part, to any taxpayer by written agreement without
  413  transferring any ownership interest in the property generating
  414  the credit or any interest in the entity owning such property.
  415  The transferee is entitled to apply the credits against the tax
  416  with the same effect as if the transferee had incurred the
  417  eligible costs.
  418         (b) To perfect the transfer, the transferor shall provide
  419  the Department of Revenue with a written transfer statement
  420  notifying the Department of Revenue of the transferor’s intent
  421  to transfer the tax credits to the transferee; the date the
  422  transfer is effective; the transferee’s name, address, and
  423  federal taxpayer identification number; the tax period; and the
  424  amount of tax credits to be transferred. The Department of
  425  Revenue shall, upon receipt of a transfer statement conforming
  426  to the requirements of this section, provide the transferee with
  427  a certificate reflecting the tax credit amounts transferred. A
  428  copy of the certificate must be attached to each tax return for
  429  which the transferee seeks to apply such tax credits.
  430         (c) A tax credit authorized under this section that is held
  431  by a corporation and not transferred under this subsection shall
  432  be passed through to the taxpayers designated as partners,
  433  members, or owners, respectively, in the manner agreed to by
  434  such persons regardless of whether such partners, members, or
  435  owners are allocated or allowed any portion of the federal
  436  energy tax credit for the eligible costs. A corporation that
  437  passes the credit through to a partner, member, or owner must
  438  comply with the notification requirements described in paragraph
  439  (b). The partner, member, or owner must attach a copy of the
  440  certificate to each tax return on which the partner, member, or
  441  owner claims any portion of the credit.
  442         (7) RULES.—The Department of Revenue and the Department of
  443  Agriculture and Consumer Services shall have the authority to
  444  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
  445  this section, including rules relating to:
  446         (a) The forms required to claim a tax credit under this
  447  section, the requirements and basis for establishing an
  448  entitlement to a credit, and the examination and audit
  449  procedures required to administer this section.
  450         (b) The implementation and administration of the provisions
  451  allowing a transfer of a tax credit, including rules prescribing
  452  forms, reporting requirements, and specific procedures,
  453  guidelines, and requirements necessary to transfer a tax credit.
  454         (8) PUBLICATION.—The Department of Agriculture and Consumer
  455  Services shall determine and publish on its website on a regular
  456  basis the amount of available tax credits remaining in each
  457  fiscal year.
  458         Section 7. Section 220.193, Florida Statutes, is amended to
  459  read:
  460         220.193 Florida renewable energy production credit.—
  461         (1) The purpose of this section is to encourage the
  462  development and expansion of facilities that produce renewable
  463  energy in Florida.
  464         (2) As used in this section, the term:
  465         (a) “Commission” means shall mean the Public Service
  466  Commission.
  467         (b) “Department” means shall mean the Department of
  468  Revenue.
  469         (c) “Expanded facility” means shall mean a Florida
  470  renewable energy facility that increases its electrical
  471  production and sale by more than 5 percent above the facility’s
  472  electrical production and sale during the 2011 2005 calendar
  473  year.
  474         (d) “Florida renewable energy facility” means shall mean a
  475  facility in the state that produces electricity for sale from
  476  renewable energy, as defined in s. 377.803.
  477         (e) “New facility” means shall mean a Florida renewable
  478  energy facility that is operationally placed in service after
  479  May 1, 2006. The term includes a Florida renewable energy
  480  facility that has had an expansion operationally placed in
  481  service after May 1, 2006, and whose cost exceeded 50 percent of
  482  the assessed value of the facility immediately before the
  483  expansion.
  484         (f) “Sale” or “sold” includes the use of electricity by the
  485  producer of such electricity which decreases the amount of
  486  electricity that the producer would otherwise have to purchase.
  487         (g) “Taxpayer” includes a general partnership, limited
  488  partnership, limited liability company, trust, or other
  489  artificial entity in which a corporation, as defined in s.
  490  220.03(1)(e), owns an interest and is taxed as a partnership or
  491  is disregarded as a separate entity from the corporation under
  492  this chapter.
  493         (3) An annual credit against the tax imposed by this
  494  section shall be allowed to a taxpayer, based on the taxpayer’s
  495  production and sale of electricity from a new or expanded
  496  Florida renewable energy facility. For a new facility, the
  497  credit shall be based on the taxpayer’s sale of the facility’s
  498  entire electrical production. For an expanded facility, the
  499  credit shall be based on the increases in the facility’s
  500  electrical production that are achieved after May 1, 2012 2006.
  501         (a) The credit shall be $0.01 for each kilowatt-hour of
  502  electricity produced and sold by the taxpayer to an unrelated
  503  party during a given tax year.
  504         (b) The credit may be claimed for electricity produced and
  505  sold on or after January 1, 2013 2007. Beginning in 2014 2008
  506  and continuing until 2017 2011, each taxpayer claiming a credit
  507  under this section must first apply to the Department of
  508  Agriculture and Consumer Services by the date established by the
  509  Department of Agriculture and Consumer Services by February 1 of
  510  each year for an allocation of available credits for that year
  511  credit. The application form shall be adopted by rule of the
  512  Department of Agriculture and Consumer Services in consultation
  513  with the commission. The department, in consultation with the
  514  commission, shall develop an application form. The application
  515  form shall, at a minimum, require a sworn affidavit from each
  516  taxpayer certifying the increase in production and sales that
  517  form the basis of the application and certifying that all
  518  information contained in the application is true and correct.
  519         (c) If the amount of credits applied for each year exceeds
  520  the amount authorized in paragraph (g) $5 million, the
  521  Department of Agriculture and Consumer Services shall allocate
  522  credits to qualified applicants based on the following priority:
  523  shall award to each applicant a prorated amount based on each
  524  applicant’s increased production and sales and the increased
  525  production and sales of all applicants.
  526         1. An applicant who places a new facility in operation
  527  after May 1, 2012, shall be allocated credits first, up to a
  528  maximum of $250,000 each, with any remaining credits to be
  529  granted pursuant to subparagraph 3., but if the claims for
  530  credits under this subparagraph exceed the state fiscal year cap
  531  in paragraph (g), credits shall be allocated pursuant to this
  532  subparagraph on a prorated basis based upon each applicant’s
  533  qualified production and sales as a percentage of total
  534  production and sales for all applicants in this category for the
  535  fiscal year.
  536         2. An applicant who does not qualify under subparagraph 1.
  537  but who claims a credit of $50,000 or less shall be allocated
  538  credits next, but if the claims for credits under this
  539  subparagraph, combined with credits allocated in subparagraph 1.
  540  exceed the state fiscal year cap in paragraph (g), credits shall
  541  be allocated pursuant to this subparagraph on a prorated basis
  542  based upon each applicant’s qualified production and sales as a
  543  percentage of total qualified production and sales for all
  544  applicants in this category for the fiscal year.
  545         3. An applicant who does not qualify under subparagraph 1.
  546  or subparagraph 2. and an applicant whose credits have not been
  547  fully allocated under subparagraph 1., shall be allocated
  548  credits next. If there is insufficient capacity within the
  549  amount authorized for the state fiscal year in paragraph (g) and
  550  after allocations pursuant to subparagraphs 1. and 2., the
  551  credits allocated under this subparagraph shall be prorated
  552  based upon each applicant’s unallocated claims for qualified
  553  production and sales as a percentage of total unallocated claims
  554  for qualified production and sales of all applicants in this
  555  category, up to a maximum of $1 million per taxpayer per state
  556  fiscal year. If, after application of this $1 million cap, there
  557  is excess capacity under the state fiscal year cap in paragraph
  558  (g) in any state fiscal year, that remaining capacity shall be
  559  used to allocate additional credits with priority given in the
  560  order set forth in this subparagraph and without regard to the
  561  $1 million per taxpayer cap.
  562         (d) If the credit granted pursuant to this section is not
  563  fully used in one year because of insufficient tax liability on
  564  the part of the taxpayer, the unused amount may be carried
  565  forward for a period not to exceed 5 years. The carryover credit
  566  may be used in a subsequent year when the tax imposed by this
  567  chapter for such year exceeds the credit for such year, after
  568  applying the other credits and unused credit carryovers in the
  569  order provided in s. 220.02(8).
  570         (e) A taxpayer that files a consolidated return in this
  571  state as a member of an affiliated group under s. 220.131(1) may
  572  be allowed the credit on a consolidated return basis up to the
  573  amount of tax imposed upon the consolidated group.
  574         (f)1. Tax credits that may be available under this section
  575  to an entity eligible under this section may be transferred
  576  after a merger or acquisition to the surviving or acquiring
  577  entity and used in the same manner with the same limitations.
  578         2. The entity or its surviving or acquiring entity as
  579  described in subparagraph 1. may transfer any unused credit in
  580  whole or in units of no less than 25 percent of the remaining
  581  credit. The entity acquiring such credit may use it in the same
  582  manner and with the same limitations under this section. Such
  583  transferred credits may not be transferred again although they
  584  may succeed to a surviving or acquiring entity subject to the
  585  same conditions and limitations as described in this section.
  586         3. In the event the credit provided for under this section
  587  is reduced as a result of an examination or audit by the
  588  department, such tax deficiency shall be recovered from the
  589  first entity or the surviving or acquiring entity to have
  590  claimed such credit up to the amount of credit taken. Any
  591  subsequent deficiencies shall be assessed against any entity
  592  acquiring and claiming such credit, or in the case of multiple
  593  succeeding entities in the order of credit succession.
  594         (g) Notwithstanding any other provision of this section,
  595  credits for the production and sale of electricity from a new or
  596  expanded Florida renewable energy facility may be earned between
  597  January 1, 2013 2007, and June 30, 2016 2010. The combined total
  598  amount of tax credits which may be granted for all taxpayers
  599  under this section is limited to $5 million in state fiscal year
  600  2012-2013 and $10 million per state fiscal year in state fiscal
  601  years 2013-2014 through 2016-2017. If the annual tax credit
  602  authorization amount is not exhausted by allocations of credits
  603  within that particular state fiscal year, any authorized but
  604  unallocated credit amounts may be used to grant credits that
  605  were earned pursuant to s. 220.192 but unallocated due to a lack
  606  of authorized funds.
  607         (h) A taxpayer claiming a credit under this section shall
  608  be required to add back to net income that portion of its
  609  business deductions claimed on its federal return paid or
  610  incurred for the taxable year which is equal to the amount of
  611  the credit allowable for the taxable year under this section.
  612         (i) A taxpayer claiming credit under this section may not
  613  claim a credit under s. 220.192. A taxpayer claiming credit
  614  under s. 220.192 may not claim a credit under this section.
  615         (j) When an entity treated as a partnership or a
  616  disregarded entity under this chapter produces and sells
  617  electricity from a new or expanded renewable energy facility,
  618  the credit earned by such entity shall pass through in the same
  619  manner as items of income and expense pass through for federal
  620  income tax purposes. When an entity applies for the credit and
  621  the entity has received the credit by a pass-through, the
  622  application must identify the taxpayer that passed the credit
  623  through, all taxpayers that received the credit, and the
  624  percentage of the credit that passes through to each recipient
  625  and must provide other information that the Department of
  626  Agriculture and Consumer Services department requires.
  627         (k) A taxpayer’s use of the credit granted pursuant to this
  628  section does not reduce the amount of any credit available to
  629  such taxpayer under s. 220.186.
  630         (4) The Department of Agriculture and Consumer Services
  631  shall make a determination on the eligibility of the applicant
  632  for the credits sought and certify the determination to the
  633  applicant and the Department of Revenue. The corporation must
  634  attach the Department of Agriculture and Consumer Services’
  635  certification to the tax return on which the credit is claimed.
  636  The Department of Agriculture and Consumer Services is
  637  responsible for ensuring that the corporate income tax credits
  638  granted in each fiscal year do not exceed the limits provided
  639  for in this section.
  640         (5)(a) In addition to its existing audit and investigation
  641  authority, the Department of Revenue may perform any additional
  642  financial and technical audits and investigations, including
  643  examining the accounts, books, and records of the tax credit
  644  applicant, which are necessary to verify the information
  645  included in the tax credit return and to ensure compliance with
  646  this section. The Department of Agriculture and Consumer
  647  Services shall provide technical assistance when requested by
  648  the Department of Revenue on any technical audits or
  649  examinations performed pursuant to this section.
  650         (b) It is grounds for forfeiture of previously claimed and
  651  received tax credits if the Department of Revenue determines, as
  652  a result of an audit or examination or from information received
  653  from the Department of Agriculture and Consumer Services, that a
  654  taxpayer received tax credits pursuant to this section to which
  655  the taxpayer was not entitled. The taxpayer is responsible for
  656  returning forfeited tax credits to the Department of Revenue,
  657  and such funds shall be paid into the General Revenue Fund of
  658  the state.
  659         (c) The Department of Agriculture and Consumer Services may
  660  revoke or modify any written decision granting eligibility for
  661  tax credits under this section if it is discovered that the tax
  662  credit applicant submitted any false statement, representation,
  663  or certification in any application, record, report, plan, or
  664  other document filed in an attempt to receive tax credits under
  665  this section. The Department of Agriculture and Consumer
  666  Services shall immediately notify the Department of Revenue of
  667  any revoked or modified orders affecting previously granted tax
  668  credits. Additionally, the taxpayer must notify the Department
  669  of Revenue of any change in its tax credit claimed.
  670         (d) The taxpayer shall file with the Department of Revenue
  671  an amended return or such other report as the Department of
  672  Revenue prescribes by rule and shall pay any required tax and
  673  interest within 60 days after the taxpayer receives notification
  674  from the Department of Agriculture and Consumer Services that
  675  previously approved tax credits have been revoked or modified.
  676  If the revocation or modification order is contested, the
  677  taxpayer shall file an amended return or other report as
  678  provided in this paragraph within 60 days after a final order is
  679  issued after proceedings.
  680         (e) A notice of deficiency may be issued by the Department
  681  of Revenue at any time within 3 years after the taxpayer
  682  receives formal notification from the Department of Agriculture
  683  and Consumer Services that previously approved tax credits have
  684  been revoked or modified. If a taxpayer fails to notify the
  685  Department of Revenue of any changes to its tax credit claimed,
  686  a notice of deficiency may be issued at any time.
  687         (6)(4) The Department of Revenue and the Department of
  688  Agriculture and Consumer Services department may adopt rules to
  689  implement and administer this section, including rules
  690  prescribing forms, the documentation needed to substantiate a
  691  claim for the tax credit, and the specific procedures and
  692  guidelines for claiming the credit.
  693         (7) The Department of Agriculture and Consumer Services
  694  shall determine and publish on its website on a regular basis
  695  the amount of available tax credits remaining in each fiscal
  696  year.
  697         (8)(5) This section shall take effect upon becoming law and
  698  shall apply to tax years beginning on and after January 1, 2013
  699  2007.
  700         Section 8. Subsection (3) of section 255.257, Florida
  701  Statutes, is amended to read:
  702         255.257 Energy management; buildings occupied by state
  703  agencies.—
  704         (3) CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.—The
  705  Department of Management Services, in coordination with the
  706  Department of Agriculture and Consumer Services, shall further
  707  develop the a state energy management plan consisting of, but
  708  not limited to, the following elements:
  709         (a) Data-gathering requirements;
  710         (b) Building energy audit procedures;
  711         (c) Uniform data analysis and reporting procedures;
  712         (d) Employee energy education program measures;
  713         (e) Energy consumption reduction techniques;
  714         (f) Training program for state agency energy management
  715  coordinators; and
  716         (g) Guidelines for building managers.
  717  
  718  The plan shall include a description of actions that state
  719  agencies shall take to reduce consumption of electricity and
  720  nonrenewable energy sources used for space heating and cooling,
  721  ventilation, lighting, water heating, and transportation.
  722         Section 9. Paragraph (q) of subsection (2) of section
  723  288.106, Florida Statutes, is amended to read:
  724         288.106 Tax refund program for qualified target industry
  725  businesses.—
  726         (2) DEFINITIONS.—As used in this section:
  727         (q) “Target industry business” means a corporate
  728  headquarters business or any business that is engaged in one of
  729  the target industries identified pursuant to the following
  730  criteria developed by the department in consultation with
  731  Enterprise Florida, Inc.:
  732         1. Future growth.—Industry forecasts should indicate strong
  733  expectation for future growth in both employment and output,
  734  according to the most recent available data. Special
  735  consideration should be given to businesses that export goods
  736  to, or provide services in, international markets and businesses
  737  that replace domestic and international imports of goods or
  738  services.
  739         2. Stability.—The industry should not be subject to
  740  periodic layoffs, whether due to seasonality or sensitivity to
  741  volatile economic variables such as weather. The industry should
  742  also be relatively resistant to recession, so that the demand
  743  for products of this industry is not typically subject to
  744  decline during an economic downturn.
  745         3. High wage.—The industry should pay relatively high wages
  746  compared to statewide or area averages.
  747         4. Market and resource independent.—The location of
  748  industry businesses should not be dependent on Florida markets
  749  or resources as indicated by industry analysis, except for
  750  businesses in the renewable energy industry.
  751         5. Industrial base diversification and strengthening.—The
  752  industry should contribute toward expanding or diversifying the
  753  state’s or area’s economic base, as indicated by analysis of
  754  employment and output shares compared to national and regional
  755  trends. Special consideration should be given to industries that
  756  strengthen regional economies by adding value to basic products
  757  or building regional industrial clusters as indicated by
  758  industry analysis. Special consideration should also be given to
  759  the development of strong industrial clusters that include
  760  defense and homeland security businesses.
  761         6. Positive economic impact.—The industry is expected to
  762  have strong positive economic impacts on or benefits to the
  763  state or regional economies. Special consideration should be
  764  given to industries that facilitate the development of the state
  765  as a hub for domestic and global trade and logistics.
  766  
  767  The term does not include any business engaged in retail
  768  industry activities; any electrical utility company as defined
  769  in s. 366.02(2); any phosphate or other solid minerals
  770  severance, mining, or processing operation; any oil or gas
  771  exploration or production operation; or any business subject to
  772  regulation by the Division of Hotels and Restaurants of the
  773  Department of Business and Professional Regulation. Any business
  774  within NAICS code 5611 or 5614, office administrative services
  775  and business support services, respectively, may be considered a
  776  target industry business only after the local governing body and
  777  Enterprise Florida, Inc., make a determination that the
  778  community where the business may locate has conditions affecting
  779  the fiscal and economic viability of the local community or
  780  area, including but not limited to, factors such as low per
  781  capita income, high unemployment, high underemployment, and a
  782  lack of year-round stable employment opportunities, and such
  783  conditions may be improved by the location of such a business to
  784  the community. By January 1 of every 3rd year, beginning January
  785  1, 2011, the department, in consultation with Enterprise
  786  Florida, Inc., economic development organizations, the State
  787  University System, local governments, employee and employer
  788  organizations, market analysts, and economists, shall review
  789  and, as appropriate, revise the list of such target industries
  790  and submit the list to the Governor, the President of the
  791  Senate, and the Speaker of the House of Representatives.
  792         Section 10. Section 366.92, Florida Statutes, is amended to
  793  read:
  794         366.92 Florida renewable energy policy.—
  795         (1) It is the intent of the Legislature to promote the
  796  development of renewable energy; protect the economic viability
  797  of Florida’s existing renewable energy facilities; diversify the
  798  types of fuel used to generate electricity in Florida; lessen
  799  Florida’s dependence on natural gas and fuel oil for the
  800  production of electricity; minimize the volatility of fuel
  801  costs; encourage investment within the state; improve
  802  environmental conditions; and, at the same time, minimize the
  803  costs of power supply to electric utilities and their customers.
  804         (2) As used in this section, the term:
  805         (a) “Florida renewable energy resources” means renewable
  806  energy, as defined in s. 377.803, that is produced in Florida.
  807         (a)(b) “Provider” means a “utility” as defined in s.
  808  366.8255(1)(a).
  809         (b)(c) “Renewable energy” means renewable energy as defined
  810  in s. 366.91(2)(d).
  811         (d) “Renewable energy credit” or “REC” means a product that
  812  represents the unbundled, separable, renewable attribute of
  813  renewable energy produced in Florida and is equivalent to 1
  814  megawatt-hour of electricity generated by a source of renewable
  815  energy located in Florida.
  816         (e) “Renewable portfolio standard” or “RPS” means the
  817  minimum percentage of total annual retail electricity sales by a
  818  provider to consumers in Florida that shall be supplied by
  819  renewable energy produced in Florida.
  820         (3) The commission shall adopt rules for a renewable
  821  portfolio standard requiring each provider to supply renewable
  822  energy to its customers directly, by procuring, or through
  823  renewable energy credits. In developing the RPS rule, the
  824  commission shall consult the Department of Environmental
  825  Protection and the Department of Agriculture and Consumer
  826  Services. The rule shall not be implemented until ratified by
  827  the Legislature. The commission shall present a draft rule for
  828  legislative consideration by February 1, 2009.
  829         (a) In developing the rule, the commission shall evaluate
  830  the current and forecasted levelized cost in cents per kilowatt
  831  hour through 2020 and current and forecasted installed capacity
  832  in kilowatts for each renewable energy generation method through
  833  2020.
  834         (b) The commission’s rule:
  835         1. Shall include methods of managing the cost of compliance
  836  with the renewable portfolio standard, whether through direct
  837  supply or procurement of renewable power or through the purchase
  838  of renewable energy credits. The commission shall have
  839  rulemaking authority for providing annual cost recovery and
  840  incentive-based adjustments to authorized rates of return on
  841  common equity to providers to incentivize renewable energy.
  842  Notwithstanding s. 366.91(3) and (4), upon the ratification of
  843  the rules developed pursuant to this subsection, the commission
  844  may approve projects and power sales agreements with renewable
  845  power producers and the sale of renewable energy credits needed
  846  to comply with the renewable portfolio standard. In the event of
  847  any conflict, this subparagraph shall supersede s. 366.91(3) and
  848  (4). However, nothing in this section shall alter the obligation
  849  of each public utility to continuously offer a purchase contract
  850  to producers of renewable energy.
  851         2. Shall provide for appropriate compliance measures and
  852  the conditions under which noncompliance shall be excused due to
  853  a determination by the commission that the supply of renewable
  854  energy or renewable energy credits was not adequate to satisfy
  855  the demand for such energy or that the cost of securing
  856  renewable energy or renewable energy credits was cost
  857  prohibitive.
  858         3. May provide added weight to energy provided by wind and
  859  solar photovoltaic over other forms of renewable energy, whether
  860  directly supplied or procured or indirectly obtained through the
  861  purchase of renewable energy credits.
  862         4. Shall determine an appropriate period of time for which
  863  renewable energy credits may be used for purposes of compliance
  864  with the renewable portfolio standard.
  865         5. Shall provide for monitoring of compliance with and
  866  enforcement of the requirements of this section.
  867         6. Shall ensure that energy credited toward compliance with
  868  the requirements of this section is not credited toward any
  869  other purpose.
  870         7. Shall include procedures to track and account for
  871  renewable energy credits, including ownership of renewable
  872  energy credits that are derived from a customer-owned renewable
  873  energy facility as a result of any action by a customer of an
  874  electric power supplier that is independent of a program
  875  sponsored by the electric power supplier.
  876         8. Shall provide for the conditions and options for the
  877  repeal or alteration of the rule in the event that new
  878  provisions of federal law supplant or conflict with the rule.
  879         (c) Beginning on April 1 of the year following final
  880  adoption of the commission’s renewable portfolio standard rule,
  881  each provider shall submit a report to the commission describing
  882  the steps that have been taken in the previous year and the
  883  steps that will be taken in the future to add renewable energy
  884  to the provider’s energy supply portfolio. The report shall
  885  state whether the provider was in compliance with the renewable
  886  portfolio standard during the previous year and how it will
  887  comply with the renewable portfolio standard in the upcoming
  888  year.
  889         (4) In order to demonstrate the feasibility and viability
  890  of clean energy systems, the commission shall provide for full
  891  cost recovery under the environmental cost-recovery clause of
  892  all reasonable and prudent costs incurred by a provider for
  893  renewable energy projects that are zero greenhouse gas emitting
  894  at the point of generation, up to a total of 110 megawatts
  895  statewide, and for which the provider has secured necessary
  896  land, zoning permits, and transmission rights within the state.
  897  Such costs shall be deemed reasonable and prudent for purposes
  898  of cost recovery so long as the provider has used reasonable and
  899  customary industry practices in the design, procurement, and
  900  construction of the project in a cost-effective manner
  901  appropriate to the location of the facility. The provider shall
  902  report to the commission as part of the cost-recovery
  903  proceedings the construction costs, in-service costs, operating
  904  and maintenance costs, hourly energy production of the renewable
  905  energy project, and any other information deemed relevant by the
  906  commission. Any provider constructing a clean energy facility
  907  pursuant to this section shall file for cost recovery no later
  908  than July 1, 2009.
  909         (3)(5) Each municipal electric utility and rural electric
  910  cooperative shall develop standards for the promotion,
  911  encouragement, and expansion of the use of renewable energy
  912  resources and energy conservation and efficiency measures. On or
  913  before April 1, 2009, and annually thereafter, each municipal
  914  electric utility and electric cooperative shall submit to the
  915  commission a report that identifies such standards.
  916         (4)(6) Nothing in this section shall be construed to impede
  917  or impair terms and conditions of existing contracts.
  918         (5)(7) The commission may adopt rules to administer and
  919  implement the provisions of this section.
  920         Section 11. Section 366.94, Florida Statutes, is created to
  921  read:
  922         366.94Electric vehicle charging stations.—
  923         (1)The provision of electric vehicle charging to the
  924  public by a nonutility is not the retail sale of electricity for
  925  the purposes of this chapter. The rates, terms, and conditions
  926  of electric vehicle charging services by a nonutility are not
  927  subject to regulation under this chapter. This section does not
  928  affect the ability of individuals, businesses, or governmental
  929  entities to acquire, install, or use an electric vehicle charger
  930  for their own vehicles.
  931         (2)The Department of Agriculture and Consumer Services
  932  shall adopt rules to provide definitions, methods of sale,
  933  labeling requirements, and price-posting requirements for
  934  electric vehicle charging stations to allow for consistency for
  935  consumers and the industry.
  936         (3)(a)It is unlawful for a person to stop, stand, or park
  937  a vehicle that is not capable of using an electrical recharging
  938  station within any parking space specifically designated for
  939  charging an electric vehicle.
  940         (b)If a law enforcement officer finds a motor vehicle in
  941  violation of this subsection, the officer or specialist shall
  942  charge the operator or other person in charge of the vehicle in
  943  violation with a noncriminal traffic infraction, punishable as
  944  provided in s. 316.008(4) or s. 318.18.
  945         (4)The Public Service Commission is directed to conduct a
  946  study of the potential effects of public charging stations and
  947  privately owned electric vehicle charging on both energy
  948  consumption and the impact on the electric grid in the state.
  949  The Public Service Commission shall also investigate the
  950  feasibility of using off-grid solar photovoltaic power as a
  951  source of electricity for the electric vehicle charging
  952  stations. The commission shall submit the results of the study
  953  to the President of the Senate, the Speaker of the House of
  954  Representatives, and the Executive Office of the Governor by
  955  December 31, 2012.
  956         Section 12. Paragraph (n) is added to subsection (2) of
  957  section 377.703, Florida Statutes, to read:
  958         377.703 Additional functions of the Department of
  959  Agriculture and Consumer Services.—
  960         (2) DUTIES.—The department shall perform the following
  961  functions, unless as otherwise provided, consistent with the
  962  development of a state energy policy:
  963         (n) On an annual basis, the department shall prepare an
  964  assessment of the utilization of the tax exemption authorized in
  965  s. 212.08(7)(hhh), the renewable energy technologies investment
  966  tax credit authorized in s. 220.192, and the renewable energy
  967  production credit authorized in s. 220.193, which the department
  968  shall submit to the President of the Senate, the Speaker of the
  969  House of Representatives, and the Executive Office of the
  970  Governor by February 1 of each year. The assessment shall
  971  include, at a minimum, the following information:
  972         1. For the tax exemption authorized in s. 212.08(7)(hhh):
  973         a. The name of each taxpayer receiving an exemption under
  974  this section;
  975         b. The amount of the exemption received by each taxpayer;
  976  and
  977         c. The type and description of each eligible item for which
  978  each taxpayer is applying.
  979         2. For the renewable energy technologies investment tax
  980  credit authorized in s. 220.192:
  981         a. The name of each taxpayer receiving an allocation under
  982  this section;
  983         b. The amount of the credits allocated for that fiscal year
  984  for each taxpayer; and
  985         c. The type of technology and a description of each
  986  investment for which each taxpayer receives an allocation.
  987         3. For the renewable energy production credit authorized in
  988  s. 220.193:
  989         a. The name of each taxpayer receiving an allocation under
  990  this section;
  991         b. The amount of credits allocated for that fiscal year for
  992  each taxpayer;
  993         c. The type and amount of renewable energy produced and
  994  sold, whether the facility producing that energy is a new or
  995  expanded facility, and the approximate date on which production
  996  began; and
  997         d. The aggregate amount of credits allocated for all
  998  taxpayers claiming credits under this section for the fiscal
  999  year.
 1000         Section 13. Subsection (1) of section 526.203, Florida
 1001  Statutes, is amended, and subsection (5) is added to that
 1002  section, to read:
 1003         526.203 Renewable fuel standard.—
 1004         (1) DEFINITIONS.—As used in this act, the term:
 1005         (a) “Alternative fuel” means a fuel produced from biomass,
 1006  as defined in s. 366.91, which is used to replace or reduce the
 1007  quantity of fossil fuel present in a petroleum fuel that meets
 1008  the specifications as adopted by the department.
 1009         (b)(a) “Blender,” “importer,” “terminal supplier,” and
 1010  “wholesaler” are defined as provided in s. 206.01.
 1011         (c)(b) “Blended gasoline” means a mixture of 90 to 91
 1012  percent gasoline and 9 to 10 percent fuel ethanol or other
 1013  alternative fuel, by volume, which that meets the specifications
 1014  as adopted by the department. The fuel ethanol or other
 1015  alternative fuel portion may be derived from any agricultural
 1016  source.
 1017         (d)(c) “Fuel ethanol” means an anhydrous denatured alcohol
 1018  produced by the conversion of carbohydrates which that meets the
 1019  specifications as adopted by the department.
 1020         (e)(d) “Unblended gasoline” means gasoline that has not
 1021  been blended with fuel ethanol or other alternative fuel and
 1022  that meets the specifications as adopted by the department.
 1023         (5) The Department of Agriculture and Consumer Services
 1024  shall compile a list of retail fuel stations that sell or offer
 1025  to sell unblended gasoline. This information shall be compiled
 1026  by the department as part of its routine retail fuel station
 1027  inspections, authorized under s. 525.07, and from information
 1028  provided voluntarily by retail dealers. The Department of
 1029  Agriculture and Consumer Services shall provide this information
 1030  on its website to inform consumers of the options available for
 1031  unblended gasoline.
 1032         Section 14. Subsection (4) of section 581.083, Florida
 1033  Statutes, is amended to read:
 1034         581.083 Introduction or release of plant pests, noxious
 1035  weeds, or organisms affecting plant life; cultivation of
 1036  nonnative plants; special permit and security required.—
 1037         (4) A person may not cultivate a nonnative plant, algae, or
 1038  blue-green algae, including a genetically engineered plant,
 1039  algae, or blue-green algae or a plant that has been introduced,
 1040  for purposes of fuel production or purposes other than
 1041  agriculture in plantings greater in size than 2 contiguous
 1042  acres, except under a special permit issued by the department
 1043  through the division, which is the sole agency responsible for
 1044  issuing such special permits. A permit is not required to
 1045  cultivate any plant or group of plants that, based on experience
 1046  or research data, does not pose a threat of becoming an invasive
 1047  species and is commonly grown in this state for the purpose of
 1048  human food consumption, commercial feed, feedstuff, forage for
 1049  livestock, nursery stock, or silviculture. The department is
 1050  authorized to adopt additional exemptions to the permitting
 1051  requirements of this section if the department determines, after
 1052  consulting with the Institute of Food and Agricultural Sciences
 1053  at the University of Florida, that based on experience or
 1054  research data, the nonnative plant, algae, or blue-green algae
 1055  does not pose a threat of becoming an invasive species or a pest
 1056  of plants or native fauna under conditions in this state and
 1057  subsequently exempts the plant or group of plants by rule Such a
 1058  permit shall not be required if the department determines, in
 1059  conjunction with the Institute of Food and Agricultural Sciences
 1060  at the University of Florida, that the plant is not invasive and
 1061  subsequently exempts the plant by rule.
 1062         (a)1. Each application for a special permit must be
 1063  accompanied by a fee as described in subsection (2) and proof
 1064  that the applicant has obtained, on a form approved by the
 1065  department, a bond in the form approved by the department and
 1066  issued by a surety company admitted to do business in this state
 1067  or a certificate of deposit, or other type of security adopted
 1068  by rule of the department, which provides a financial assurance
 1069  of cost recovery for the removal of a planting. The application
 1070  must include, on a form provided by the department, the name of
 1071  the applicant and the applicant’s address or the address of the
 1072  applicant’s principal place of business; a statement completely
 1073  identifying the nonnative plant to be cultivated; and a
 1074  statement of the estimated cost of removing and destroying the
 1075  plant that is the subject of the special permit and the basis
 1076  for calculating or determining that estimate. If the applicant
 1077  is a corporation, partnership, or other business entity, the
 1078  applicant must also provide in the application the name and
 1079  address of each officer, partner, or managing agent. The
 1080  applicant shall notify the department within 10 business days of
 1081  any change of address or change in the principal place of
 1082  business. The department shall mail all notices to the
 1083  applicant’s last known address.
 1084         2. As used in this subsection, the term “certificate of
 1085  deposit” means a certificate of deposit at any recognized
 1086  financial institution doing business in the United States. The
 1087  department may not accept a certificate of deposit in connection
 1088  with the issuance of a special permit unless the issuing
 1089  institution is properly insured by the Federal Deposit Insurance
 1090  Corporation or the Federal Savings and Loan Insurance
 1091  Corporation.
 1092         (b) Upon obtaining a permit, the permitholder may annually
 1093  cultivate and maintain the nonnative plants as authorized by the
 1094  special permit. If the permitholder ceases to maintain or
 1095  cultivate the plants authorized by the special permit, if the
 1096  permit expires, or if the permitholder ceases to abide by the
 1097  conditions of the special permit, the permitholder shall
 1098  immediately remove and destroy the plants that are subject to
 1099  the permit, if any remain. The permitholder shall notify the
 1100  department of the removal and destruction of the plants within
 1101  10 days after such event.
 1102         (c) If the department:
 1103         1. Determines that the permitholder is no longer
 1104  maintaining or cultivating the plants subject to the special
 1105  permit and has not removed and destroyed the plants authorized
 1106  by the special permit;
 1107         2. Determines that the continued maintenance or cultivation
 1108  of the plants presents an imminent danger to public health,
 1109  safety, or welfare;
 1110         3. Determines that the permitholder has exceeded the
 1111  conditions of the authorized special permit; or
 1112         4. Receives a notice of cancellation of the surety bond,
 1113  
 1114         the department may issue an immediate final order, which
 1115  shall be immediately appealable or enjoinable as provided by
 1116  chapter 120, directing the permitholder to immediately remove
 1117  and destroy the plants authorized to be cultivated under the
 1118  special permit. A copy of the immediate final order must shall
 1119  be mailed to the permitholder and to the surety company or
 1120  financial institution that has provided security for the special
 1121  permit, if applicable.
 1122         (d) If, upon issuance by the department of an immediate
 1123  final order to the permitholder, the permitholder fails to
 1124  remove and destroy the plants subject to the special permit
 1125  within 60 days after issuance of the order, or such shorter
 1126  period as is designated in the order as public health, safety,
 1127  or welfare requires, the department may enter the cultivated
 1128  acreage and remove and destroy the plants that are the subject
 1129  of the special permit. If the permitholder makes a written
 1130  request to the department for an extension of time to remove and
 1131  destroy the plants that demonstrates specific facts showing why
 1132  the plants could not reasonably be removed and destroyed in the
 1133  applicable timeframe, the department may extend the time for
 1134  removing and destroying plants subject to a special permit. The
 1135  reasonable costs and expenses incurred by the department for
 1136  removing and destroying plants subject to a special permit shall
 1137  be reimbursed to the department by the permitholder within 21
 1138  days after the date the permitholder and the surety company or
 1139  financial institution are served a copy of the department’s
 1140  invoice for the costs and expenses incurred by the department to
 1141  remove and destroy the cultivated plants, along with a notice of
 1142  administrative rights, unless the permitholder or the surety
 1143  company or financial institution object to the reasonableness of
 1144  the invoice. In the event of an objection, the permitholder or
 1145  surety company or financial institution is entitled to an
 1146  administrative proceeding as provided by chapter 120. Upon entry
 1147  of a final order determining the reasonableness of the incurred
 1148  costs and expenses, the permitholder has shall have 15 days
 1149  after following service of the final order to reimburse the
 1150  department. Failure of the permitholder to timely reimburse the
 1151  department for the incurred costs and expenses entitles the
 1152  department to reimbursement from the applicable bond or
 1153  certificate of deposit.
 1154         (e) Each permitholder shall maintain for each separate
 1155  growing location a bond or a certificate of deposit in an amount
 1156  determined by the department, but not more less than 150 percent
 1157  of the estimated cost of removing and destroying the cultivated
 1158  plants. The bond or certificate of deposit may not exceed $5,000
 1159  per acre, unless a higher amount is determined by the department
 1160  to be necessary to protect the public health, safety, and
 1161  welfare or unless an exemption is granted by the department
 1162  based on conditions specified in the application which would
 1163  preclude the department from incurring the cost of removing and
 1164  destroying the cultivated plants and would prevent injury to the
 1165  public health, safety, and welfare. The aggregate liability of
 1166  the surety company or financial institution to all persons for
 1167  all breaches of the conditions of the bond or certificate of
 1168  deposit may not exceed the amount of the bond or certificate of
 1169  deposit. The original bond or certificate of deposit required by
 1170  this subsection shall be filed with the department. A surety
 1171  company shall give the department 30 days’ written notice of
 1172  cancellation, by certified mail, in order to cancel a bond.
 1173  Cancellation of a bond does not relieve a surety company of
 1174  liability for paying to the department all costs and expenses
 1175  incurred or to be incurred for removing and destroying the
 1176  permitted plants covered by an immediate final order authorized
 1177  under paragraph (c). A bond or certificate of deposit must be
 1178  provided or assigned in the exact name in which an applicant
 1179  applies for a special permit. The penal sum of the bond or
 1180  certificate of deposit to be furnished to the department by a
 1181  permitholder in the amount specified in this paragraph must
 1182  guarantee payment of the costs and expenses incurred or to be
 1183  incurred by the department for removing and destroying the
 1184  plants cultivated under the issued special permit. The bond or
 1185  certificate of deposit assignment or agreement must be upon a
 1186  form prescribed or approved by the department and must be
 1187  conditioned to secure the faithful accounting for and payment of
 1188  all costs and expenses incurred by the department for removing
 1189  and destroying all plants cultivated under the special permit.
 1190  The bond or certificate of deposit assignment or agreement must
 1191  include terms binding the instrument to the Commissioner of
 1192  Agriculture. Such certificate of deposit shall be presented with
 1193  an assignment of the permitholder’s rights in the certificate in
 1194  favor of the Commissioner of Agriculture on a form prescribed by
 1195  the department and with a letter from the issuing institution
 1196  acknowledging that the assignment has been properly recorded on
 1197  the books of the issuing institution and will be honored by the
 1198  issuing institution. Such assignment is irrevocable while a
 1199  special permit is in effect and for an additional period of 6
 1200  months after termination of the special permit if operations to
 1201  remove and destroy the permitted plants are not continuing and
 1202  if the department’s invoice remains unpaid by the permitholder
 1203  under the issued immediate final order. If operations to remove
 1204  and destroy the plants are pending, the assignment remains in
 1205  effect until all plants are removed and destroyed and the
 1206  department’s invoice has been paid. The bond or certificate of
 1207  deposit may be released by the assignee of the surety company or
 1208  financial institution to the permitholder, or to the
 1209  permitholder’s successors, assignee, or heirs, if operations to
 1210  remove and destroy the permitted plants are not pending and no
 1211  invoice remains unpaid at the conclusion of 6 months after the
 1212  last effective date of the special permit. The department may
 1213  not accept a certificate of deposit that contains any provision
 1214  that would give to any person any prior rights or claim on the
 1215  proceeds or principal of such certificate of deposit. The
 1216  department shall determine by rule whether an annual bond or
 1217  certificate of deposit will be required. The amount of such bond
 1218  or certificate of deposit shall be increased, upon order of the
 1219  department, at any time if the department finds such increase to
 1220  be warranted by the cultivating operations of the permitholder.
 1221  In the same manner, the amount of such bond or certificate of
 1222  deposit may be adjusted downward or removed decreased when a
 1223  decrease in the cultivating operations of the permitholder
 1224  occurs or when research or practical field knowledge and
 1225  observations indicate a low risk of invasiveness by the
 1226  nonnative species warrants such decrease. Factors that may be
 1227  considered for change include multiple years or cycles of
 1228  successful large-scale contained cultivation; no observation of
 1229  plant, algae, or blue-green algae escape from managed areas; or
 1230  science-based evidence that established or approved adjusted
 1231  cultivation practices provide a similar level of containment of
 1232  the nonnative plant, algae, or blue-green algae. This paragraph
 1233  applies to any bond or certificate of deposit, regardless of the
 1234  anniversary date of its issuance, expiration, or renewal.
 1235         (f) In order to carry out the purposes of this subsection,
 1236  the department or its agents may require from any permitholder
 1237  verified statements of the cultivated acreage subject to the
 1238  special permit and may review the permitholder’s business or
 1239  cultivation records at her or his place of business during
 1240  normal business hours in order to determine the acreage
 1241  cultivated. The failure of a permitholder to furnish such
 1242  statement, to make such records available, or to make and
 1243  deliver a new or additional bond or certificate of deposit is
 1244  cause for suspension of the special permit. If the department
 1245  finds such failure to be willful, the special permit may be
 1246  revoked.
 1247         Section 15. The Department of Agriculture and Consumer
 1248  Services shall conduct a comprehensive statewide forest
 1249  inventory analysis and study, using a geographic information
 1250  system, to identify where available biomass is located,
 1251  determine the available biomass resources, and ensure forest
 1252  sustainability within the state. The department shall submit the
 1253  results of the study to the President of the Senate, the Speaker
 1254  of the House of Representatives, and the Executive Office of the
 1255  Governor by July 1, 2013.
 1256         Section 16. The Office of Energy within the Department of
 1257  Agriculture and Consumer Services, in consultation with the
 1258  Public Service Commission, the Florida Building Commission, and
 1259  the Florida Energy Systems Consortium, shall develop a
 1260  clearinghouse of information regarding cost savings associated
 1261  with various energy efficiency and conservation measures. The
 1262  department shall post the information on its website by July 1,
 1263  2013.
 1264         Section 17. For the 2012-2013 fiscal year, the nonrecurring
 1265  sum of $250,000 is appropriated from the Florida Public Service
 1266  Regulatory Trust Fund for the purpose of the Public Service
 1267  Commission, in consultation with the Department of Agriculture
 1268  and Consumer Services, contracting for an independent evaluation
 1269  of the Florida Energy Efficiency and Conservation Act to
 1270  determine if the act remains in the public interest. The
 1271  evaluation must consider the costs to ratepayers, the incentives
 1272  and disincentives associated with the provisions in the act, and
 1273  if the programs create benefits without undue burden on the
 1274  customer. The models and methods used to determine conservation
 1275  goals must be specifically addressed in the report. The
 1276  commission shall submit the report to the President of the
 1277  Senate, the Speaker of the House of Representatives, and the
 1278  Executive Office of the Governor by January 31, 2013.
 1279         Section 18. This act shall take effect July 1, 2012.
 1280  
 1281  ================= T I T L E  A M E N D M E N T ================
 1282         And the title is amended as follows:
 1283         Delete everything before the enacting clause
 1284  and insert:
 1285                        A bill to be entitled                      
 1286         An act relating to energy; amending s. 163.08, F.S.;
 1287         revising the definition of the term “local
 1288         government”; amending s. 186.801, F.S.; adding factors
 1289         for the Public Service Commission to consider in
 1290         reviewing the 10-year site plans submitted to the
 1291         commission by electric utilities; amending s. 212.055,
 1292         F.S.; providing for a portion of the proceeds of the
 1293         local government infrastructure surtax to be used for
 1294         financial assistance to residential and commercial
 1295         property owners who make energy efficiency
 1296         improvements or install renewable energy devices;
 1297         defining the term “energy efficiency improvement”;
 1298         amending s. 212.08, F.S.; providing definitions for
 1299         the terms “biodiesel,” “ethanol,” and “renewable
 1300         fuel”; providing for tax exemptions in the form of a
 1301         rebate for the sale or use of certain equipment,
 1302         machinery, and other materials for renewable energy
 1303         technologies; providing eligibility requirements and
 1304         tax credit limits; authorizing the Department of
 1305         Revenue and the Department of Agriculture and Consumer
 1306         Services to adopt rules; directing the Department of
 1307         Agriculture and Consumer Services to determine and
 1308         publish certain information relating to exemptions;
 1309         providing for expiration of the exemption; amending s.
 1310         213.053, F.S.; expanding the authority of the
 1311         Department of Revenue to disclose certain information;
 1312         amending s. 220.192, F.S.; providing definitions;
 1313         reestablishing a corporate tax credit for certain
 1314         costs related to renewable energy technologies;
 1315         providing eligibility requirements and credit limits;
 1316         providing for use of authorized but unallocated credit
 1317         amounts; providing rulemaking authority to the
 1318         Department of Revenue and the Department of
 1319         Agriculture and Consumer Services; directing the
 1320         Department of Agriculture and Consumer Services to
 1321         determine and publish certain information; providing
 1322         for expiration of the tax credit; amending s. 220.193,
 1323         F.S.; reestablishing a corporate tax credit for
 1324         renewable energy production; providing definitions;
 1325         providing a tax credit for the production and sale of
 1326         renewable energy; providing requirements relating to
 1327         the priority and proration of such tax credits under
 1328         certain circumstances; providing for the use and
 1329         transfer of the tax credit; limiting the amount of tax
 1330         credits that may be granted to an individual taxpayer
 1331         per state fiscal year and for all taxpayers per state
 1332         fiscal year; increasing the cap for all taxpayers
 1333         during a specified period; providing for use of
 1334         authorized but unallocated credit amounts; providing
 1335         rulemaking authority to the Department of Revenue and
 1336         the Department of Agriculture and Consumer Services;
 1337         directing the Department of Agriculture and Consumer
 1338         Services to provide certain information on its
 1339         website; providing for expiration of the tax credit;
 1340         amending s. 255.257, F.S.; directing the Department of
 1341         Management Services, in coordination with the
 1342         Department of Agriculture and Consumer Services, to
 1343         further develop the state energy management plan;
 1344         amending s. 288.106, F.S.; redefining the term “target
 1345         industry business,” for purposes of a tax refund
 1346         program, to exclude certain electrical utilities;
 1347         amending s. 366.92, F.S.; deleting an obsolete
 1348         directive to the Public Service Commission to adopt
 1349         rules for a renewable portfolio standard; deleting
 1350         related definitions; removing a provision that allowed
 1351         full cost recovery for certain renewable energy
 1352         projects; creating s. 366.94, F.S.; providing that the
 1353         provision of electric vehicle charging to the public
 1354         by a nonutility is not the retail sale of electricity;
 1355         providing that the rates, terms, and conditions of
 1356         electric vehicle charging services by a nonutility are
 1357         not subject to regulation under ch. 366, F.S.;
 1358         requiring the Department of Agriculture and Consumer
 1359         Services to develop rules for sales at electric
 1360         vehicle charging stations; prohibiting the obstruction
 1361         of a parking space at an electric vehicle charging
 1362         station; providing a penalty; requiring that the
 1363         Public Service Commission study the effects of
 1364         charging stations on energy consumption in the state
 1365         and the effects on the grid and report the results to
 1366         the President of the Senate, the Speaker of the House
 1367         of Representatives, and the Executive Office of the
 1368         Governor; amending s. 377.703, F.S.; requiring the
 1369         Department of Agriculture and Consumer Services to
 1370         annually prepare an assessment of the use of specified
 1371         energy-related tax credits; requiring specified
 1372         information to be included in such assessment;
 1373         amending s. 526.203, F.S.; revising the definitions of
 1374         the terms “blended gasoline” and “unblended gasoline”;
 1375         defining the term “alternative fuel”; directing the
 1376         Department of Agriculture and Consumer Services to
 1377         compile a list of retail fuel stations that sell or
 1378         offer to sell unblended gasoline and provide that
 1379         information on the department’s website; amending s.
 1380         581.083, F.S.; prohibiting the cultivation of certain
 1381         algae in plantings greater in size than 2 contiguous
 1382         acres; providing exceptions; providing for exemption
 1383         from special permitting requirements by rule; revising
 1384         certain bonding requirements; requiring the Department
 1385         of Agriculture and Consumer Services to conduct a
 1386         statewide forest inventory; requiring the Department
 1387         of Agriculture and Consumer Services to work with
 1388         other specified entities to develop information on
 1389         cost savings for energy efficiency and conservation
 1390         measures and post it on the department’s website;
 1391         providing an appropriation from the Florida Public
 1392         Service Regulatory Trust Fund for the purpose of the
 1393         Public Service Commission, in consultation with the
 1394         Department of Agriculture and Consumer Services, to
 1395         contract for an independent evaluation of the Florida
 1396         Energy Efficiency and Conservation Act; requiring
 1397         reports to the Legislature and the Executive Office of
 1398         the Governor; providing an effective date.