Florida Senate - 2012 CS for CS for SB 2094
By the Committees on Agriculture; Communications, Energy, and
Public Utilities; and Communications, Energy, and Public
Utilities
575-03312-12 20122094c2
1 A bill to be entitled
2 An act relating to energy; amending s. 170.01, F.S.;
3 authorizing a municipality to collect special
4 assessments to pay the additional costs to purchase
5 renewable energy for the municipality; amending s.
6 186.801, F.S.; adding factors for the Public Service
7 Commission to consider in reviewing the 10-year site
8 plans submitted to the commission by electric
9 utilities; amending s. 212.055, F.S.; providing for a
10 portion of the proceeds of the local government
11 infrastructure surtax to be used for financial
12 assistance to homeowners who make energy efficiency
13 improvements or install renewable energy devices;
14 defining the terms “renewable energy devices” and
15 “energy efficiency improvement”; amending s. 212.08,
16 F.S.; providing definitions; providing a sales tax
17 exemption for materials used in the distribution of
18 biodiesel, ethanol, and other renewable fuels;
19 specifying duties of the Department of Agriculture and
20 Consumer Services in evaluating and approving
21 applications for the exemption; authorizing the
22 department to adopt rules; providing for future
23 expiration of the tax exemption; amending s. 220.192,
24 F.S., relating to the renewable energy technologies
25 investment tax credit; revising definitions and
26 defining the term “renewable fuel”; increasing the
27 amount of available tax credit each fiscal year;
28 extending the period during which the renewable energy
29 technologies investment tax credit is available;
30 deleting provisions authorizing a credit for hydrogen
31 powered vehicles and fuel cells; authorizing the
32 Department of Agriculture and Consumer Services to
33 adopt rules; amending s. 220.193, F.S., relating to
34 the Florida renewable energy production credit;
35 extending the period during which the credit is
36 available; specifying the amount that each applicant
37 is eligible to receive in tax credits; amending s.
38 255.257, F.S.; requiring the Department of Management
39 Services to adopt rules for the state energy
40 management plan, in coordination with the Department
41 of Agriculture and Consumer Services; revising the
42 requirements for the state energy management plan;
43 requiring standard and uniform benchmark measures;
44 amending s. 288.106, F.S.; redefining the term “target
45 industry business,” for purposes of a tax refund
46 program, to exclude certain electrical utilities;
47 creating s. 366.94, F.S.; exempting from regulation
48 under ch. 366, F.S., the sale of electricity to the
49 public for the purpose of electric vehicle charging
50 stations; requiring the Florida Building Commission,
51 in coordination with the Department of Agriculture and
52 Consumer Services and the Public Service Commission,
53 to adopt rules to provide uniform standards for
54 building electric vehicle charging stations; providing
55 that the development of uniform standards is preempted
56 to the state; requiring the Department of Agriculture
57 and Consumer Services to develop rules for sales at
58 electric vehicle charging stations; requiring that the
59 Public Service Commission study the effects of
60 charging stations on energy consumption in the state
61 and the effects on the grid; prohibiting the
62 obstruction of a parking space at an electric vehicle
63 charging station; providing a penalty; amending s.
64 526.203, F.S.; defining the term “alternative fuel”
65 and revising the definitions of the terms “blended
66 gasoline” and “unblended gasoline”; amending s.
67 581.083, F.S.; including algae and blue-green algae in
68 provisions on permitting related to nonnative plants;
69 clarifying exemption provisions; providing greater
70 flexibility in reducing the amount of bond required;
71 requiring the Department of Agriculture and Consumer
72 Services to conduct a statewide forest inventory;
73 requiring the Department of Agriculture and Consumer
74 Services to work with other specified entities to
75 develop information on cost savings for energy
76 efficiency and conservation measures and post it on
77 the department’s website; requiring the Public Service
78 Commission to evaluate the provisions in the Florida
79 Energy Efficiency and Conservation Act; requiring
80 reports to the Legislature and the Executive Office of
81 the Governor; providing an effective date.
82
83 Be It Enacted by the Legislature of the State of Florida:
84
85 Section 1. Subsection (1) of section 170.01, Florida
86 Statutes, is amended to read:
87 170.01 Authority for providing improvements and levying and
88 collecting special assessments against property benefited.—
89 (1) Any municipality of this state may, by its governing
90 authority:
91 (a) Provide for the construction, reconstruction, repair,
92 paving, repaving, hard surfacing, rehard surfacing, widening,
93 guttering, and draining of streets, boulevards, and alleys; for
94 grading, regrading, leveling, laying, relaying, paving,
95 repaving, hard surfacing, and rehard surfacing of sidewalks; for
96 constructing or reconstructing permanent pedestrian canopies
97 over public sidewalks; and in connection with any of the
98 foregoing, provide related lighting, landscaping, street
99 furniture, signage, and other amenities as determined by the
100 governing authority of the municipality;
101 (b) Order the construction, reconstruction, repair,
102 renovation, excavation, grading, stabilization, and upgrading of
103 greenbelts, swales, culverts, sanitary sewers, storm sewers,
104 outfalls, canals, primary, secondary, and tertiary drains, water
105 bodies, marshlands, and natural areas, all or part of a
106 comprehensive stormwater management system, including the
107 necessary appurtenances and structures thereto and including,
108 but not limited to, dams, weirs, and pumps;
109 (c) Order the construction or reconstruction of water
110 mains, water laterals, alternative water supply systems,
111 including, but not limited to, reclaimed water, aquifer storage
112 and recovery, and desalination systems, and other water
113 distribution facilities, including the necessary appurtenances
114 thereto;
115 (d) Pay for the relocation of utilities, including the
116 placement underground of electrical, telephone, and cable
117 television services, pursuant to voluntary agreement with the
118 utility, but nothing contained in this paragraph shall affect a
119 utility’s right to locate or relocate its facilities on its own
120 initiative at its own expense;
121 (e) Provide for the construction or reconstruction of parks
122 and other public recreational facilities and improvements,
123 including appurtenances thereto;
124 (f) Provide for the construction or reconstruction of
125 seawalls;
126 (g) Provide for the drainage and reclamation of wet, low,
127 or overflowed lands;
128 (h) Provide for offstreet parking facilities, parking
129 garages, or similar facilities;
130 (i) Provide for mass transportation systems;
131 (j) Provide for improvements to permit the passage and
132 navigation of watercraft; and
133 (k) Pay the additional costs of renewable energy, as
134 defined in s. 366.91, which are in excess of a public utility’s
135 full avoided costs, as defined in s. 366.051, pursuant to an
136 agreement with the public utility; and
137 (l)(k) Provide for the payment of all or any part of the
138 costs of any such improvements by levying and collecting special
139 assessments on the abutting, adjoining, contiguous, or other
140 specially benefited property.
141
142 However, offstreet parking facilities, parking garages, or other
143 similar facilities and mass transportation systems must be
144 approved by vote of a majority of the affected property owners.
145 Any municipality that which is legally obligated for providing
146 capital improvements for water, alternative water supplies,
147 including, but not limited to, reclaimed water, water from
148 aquifer storage and recovery, and desalination systems, or sewer
149 facilities within an unincorporated area of the county may
150 recover the costs of the capital improvements by levying and
151 collecting special assessments for the purposes authorized in
152 this section on the specially benefited property; however,
153 collections of the special assessment may shall not take place
154 until the specially benefited property connects to the capital
155 improvement.
156 Section 2. Subsection (2) of section 186.801, Florida
157 Statutes, is amended to read:
158 186.801 Ten-year site plans.—
159 (2) Within 9 months after the receipt of the proposed plan,
160 the commission shall make a preliminary study of such plan and
161 classify it as “suitable” or “unsuitable.” The commission may
162 suggest alternatives to the plan. All findings of the commission
163 shall be made available to the Department of Environmental
164 Protection for its consideration at any subsequent electrical
165 power plant site certification proceedings. It is recognized
166 that 10-year site plans submitted by an electric utility are
167 tentative information for planning purposes only and may be
168 amended at any time at the discretion of the utility upon
169 written notification to the commission. A complete application
170 for certification of an electrical power plant site under
171 chapter 403, when such site is not designated in the current 10
172 year site plan of the applicant, shall constitute an amendment
173 to the 10-year site plan. In its preliminary study of each 10
174 year site plan, the commission shall consider such plan as a
175 planning document and shall review:
176 (a) The need, including the need as determined by the
177 commission, for electrical power in the area to be served.
178 (b) The effect on fuel diversity within the state.
179 (c) The anticipated environmental impact of each proposed
180 electrical power plant site.
181 (d) Possible alternatives to the proposed plan.
182 (e) The views of appropriate local, state, and federal
183 agencies, including the views of the appropriate water
184 management district as to the availability of water and its
185 recommendation as to the use by the proposed plant of salt water
186 or fresh water for cooling purposes.
187 (f) The extent to which the plan is consistent with the
188 state comprehensive plan.
189 (g) The plan with respect to the information of the state
190 on energy availability and consumption.
191 (h) The amount of renewable energy resources the provider
192 produces or purchases.
193 (i) The amount of renewable energy resources the provider
194 plans to produce or purchase over the 10-year planning horizon
195 and the means by which the production or purchases will be
196 achieved.
197 (j) A statement describing how the production and purchase
198 of renewable energy resources impact the provider’s present and
199 future capacity and energy needs.
200 Section 3. Paragraph (d) of subsection (2) of section
201 212.055, Florida Statutes, is amended to read:
202 212.055 Discretionary sales surtaxes; legislative intent;
203 authorization and use of proceeds.—It is the legislative intent
204 that any authorization for imposition of a discretionary sales
205 surtax shall be published in the Florida Statutes as a
206 subsection of this section, irrespective of the duration of the
207 levy. Each enactment shall specify the types of counties
208 authorized to levy; the rate or rates which may be imposed; the
209 maximum length of time the surtax may be imposed, if any; the
210 procedure which must be followed to secure voter approval, if
211 required; the purpose for which the proceeds may be expended;
212 and such other requirements as the Legislature may provide.
213 Taxable transactions and administrative procedures shall be as
214 provided in s. 212.054.
215 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
216 (d) The proceeds of the surtax authorized by this
217 subsection and any accrued interest shall be expended by the
218 school district, within the county and municipalities within the
219 county, or, in the case of a negotiated joint county agreement,
220 within another county, to finance, plan, and construct
221 infrastructure; to acquire land for public recreation,
222 conservation, or protection of natural resources; to provide
223 financial assistance to owners of residential property who make
224 energy efficiency improvements to, or purchase and install
225 renewable energy devices in, the residential property; or to
226 finance the closure of county-owned or municipally owned solid
227 waste landfills that have been closed or are required to be
228 closed by order of the Department of Environmental Protection.
229 Any use of the proceeds or interest for purposes of landfill
230 closure before July 1, 1993, is ratified. The proceeds and any
231 interest may not be used for the operational expenses of
232 infrastructure, except that a county that has a population of
233 fewer than 75,000 and that is required to close a landfill may
234 use the proceeds or interest for long-term maintenance costs
235 associated with landfill closure. Counties, as defined in s.
236 125.011, and charter counties may, in addition, use the proceeds
237 or interest to retire or service indebtedness incurred for bonds
238 issued before July 1, 1987, for infrastructure purposes, and for
239 bonds subsequently issued to refund such bonds. Any use of the
240 proceeds or interest for purposes of retiring or servicing
241 indebtedness incurred for refunding bonds before July 1, 1999,
242 is ratified.
243 1. For the purposes of this paragraph, the term
244 “infrastructure” means:
245 a. Any fixed capital expenditure or fixed capital outlay
246 associated with the construction, reconstruction, or improvement
247 of public facilities that have a life expectancy of 5 or more
248 years and any related land acquisition, land improvement,
249 design, and engineering costs.
250 b. A fire department vehicle, an emergency medical service
251 vehicle, a sheriff’s office vehicle, a police department
252 vehicle, or any other vehicle, and the equipment necessary to
253 outfit the vehicle for its official use or equipment that has a
254 life expectancy of at least 5 years.
255 c. Any expenditure for the construction, lease, or
256 maintenance of, or provision of utilities or security for,
257 facilities, as defined in s. 29.008.
258 d. Any fixed capital expenditure or fixed capital outlay
259 associated with the improvement of private facilities that have
260 a life expectancy of 5 or more years and that the owner agrees
261 to make available for use on a temporary basis as needed by a
262 local government as a public emergency shelter or a staging area
263 for emergency response equipment during an emergency officially
264 declared by the state or by the local government under s.
265 252.38. Such improvements are limited to those necessary to
266 comply with current standards for public emergency evacuation
267 shelters. The owner must enter into a written contract with the
268 local government providing the improvement funding to make the
269 private facility available to the public for purposes of
270 emergency shelter at no cost to the local government for a
271 minimum of 10 years after completion of the improvement, with
272 the provision that the obligation will transfer to any
273 subsequent owner until the end of the minimum period.
274 e. Any land acquisition expenditure for a residential
275 housing project in which at least 30 percent of the units are
276 affordable to individuals or families whose total annual
277 household income does not exceed 120 percent of the area median
278 income adjusted for household size, if the land is owned by a
279 local government or by a special district that enters into a
280 written agreement with the local government to provide such
281 housing. The local government or special district may enter into
282 a ground lease with a public or private person or entity for
283 nominal or other consideration for the construction of the
284 residential housing project on land acquired pursuant to this
285 sub-subparagraph.
286 2. For the purposes of this paragraph, the term “renewable
287 energy devices” means any of the following equipment that, when
288 installed in connection with a dwelling unit or other structure,
289 collects, transmits, stores, or uses solar energy, wind energy,
290 or energy derived from geothermal deposits:
291 a. Solar energy collectors.
292 b. Storage tanks and other storage systems, excluding
293 swimming pools used as storage tanks.
294 c. Rockbeds.
295 d. Thermostats and other control devices.
296 e. Heat exchange devices.
297 f. Pumps and fans.
298 g. Roof ponds.
299 h. Freestanding thermal containers.
300 i. Pipes, ducts, refrigerant handling systems, and other
301 equipment used to interconnect such systems, excluding
302 conventional backup systems of any type.
303 j. Windmills.
304 k. Wind-driven generators.
305 l. Power conditioning and storage devices that use wind
306 energy to generate electricity or mechanical forms of energy.
307 m. Pipes and other equipment used to transmit hot
308 geothermal water to a dwelling or structure from a geothermal
309 deposit.
310 3. For the purposes of this paragraph, the term “energy
311 efficiency improvement” means any energy conservation and
312 efficiency improvement that reduces consumption through
313 conservation or a more efficient use of electricity, natural
314 gas, propane, or other forms of energy on the property,
315 including, but not limited to, air sealing; installation of
316 insulation; installation of energy-efficient heating, cooling,
317 or ventilation systems; building modifications to increase the
318 use of daylight; replacement of windows; installation of energy
319 controls or energy recovery systems; installation of electric
320 vehicle charging equipment; and installation of efficient
321 lighting equipment.
322 4.2. Notwithstanding any other provision of this
323 subsection, a local government infrastructure surtax imposed or
324 extended after July 1, 1998, may allocate up to 15 percent of
325 the surtax proceeds for deposit in a trust fund within the
326 county’s accounts created for the purpose of funding economic
327 development projects having a general public purpose of
328 improving local economies, including the funding of operational
329 costs and incentives related to economic development. The ballot
330 statement must indicate the intention to make an allocation
331 under the authority of this subparagraph.
332 Section 4. Paragraph (hhh) is added to subsection (7) of
333 section 212.08, Florida Statutes, to read:
334 212.08 Sales, rental, use, consumption, distribution, and
335 storage tax; specified exemptions.—The sale at retail, the
336 rental, the use, the consumption, the distribution, and the
337 storage to be used or consumed in this state of the following
338 are hereby specifically exempt from the tax imposed by this
339 chapter.
340 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
341 entity by this chapter do not inure to any transaction that is
342 otherwise taxable under this chapter when payment is made by a
343 representative or employee of the entity by any means,
344 including, but not limited to, cash, check, or credit card, even
345 when that representative or employee is subsequently reimbursed
346 by the entity. In addition, exemptions provided to any entity by
347 this subsection do not inure to any transaction that is
348 otherwise taxable under this chapter unless the entity has
349 obtained a sales tax exemption certificate from the department
350 or the entity obtains or provides other documentation as
351 required by the department. Eligible purchases or leases made
352 with such a certificate must be in strict compliance with this
353 subsection and departmental rules, and any person who makes an
354 exempt purchase with a certificate that is not in strict
355 compliance with this subsection and the rules is liable for and
356 shall pay the tax. The department may adopt rules to administer
357 this subsection.
358 (hhh) Equipment, machinery, and other materials for
359 renewable energy technologies.—
360 1. As used in this paragraph, the term:
361 a. “Biodiesel” means the mono-alkyl esters of long-chain
362 fatty acids derived from plant or animal matter for use as a
363 source of energy and meeting the specifications for biodiesel
364 and biodiesel blends with petroleum products as adopted by rule
365 of the Department of Agriculture and Consumer Services.
366 Biodiesel may refer to biodiesel blends designated BXX, where XX
367 represents the volume percentage of biodiesel fuel in the blend.
368 b. “Ethanol” means an anhydrous denatured alcohol produced
369 by the conversion of carbohydrates meeting the specifications
370 for fuel ethanol and fuel ethanol blends with petroleum products
371 as adopted by rule of the Department of Agriculture and Consumer
372 Services. Ethanol may refer to fuel ethanol blends designated
373 EXX, where XX represents the volume percentage of fuel ethanol
374 in the blend.
375 c. “Renewable fuel” means a fuel that has been approved by
376 the United States Environmental Protection Agency, that is
377 produced from biomass as defined in s. 366.91(2)(a), and that is
378 used to replace or reduce the quantity of fossil fuel present in
379 a transportation fuel.
380 2. The sale or use of the following materials in the state
381 is exempt from the tax imposed by this chapter. Materials used
382 in the distribution of biodiesel (B10-B100), ethanol (E10-E100),
383 and other renewable fuels, including fueling infrastructure,
384 transportation, and storage, are exempt up to a limit of $1
385 million in tax each state fiscal year for all taxpayers.
386 Gasoline fueling station pump retrofits for biodiesel (B10
387 B100), ethanol (E10-E100), and other renewable fuels
388 distribution qualify for the exemption provided in this
389 paragraph.
390 3. The Department of Agriculture and Consumer Services
391 shall provide to the department a list of items eligible for the
392 exemption provided in this paragraph.
393 4.a. The exemption provided in this paragraph is available
394 to a purchaser only through a refund of previously paid taxes.
395 An eligible item is subject to refund one time. A person who has
396 received a refund on an eligible item must notify the next
397 purchaser of the item that the item is not eligible for a refund
398 of paid taxes. The notification must be provided to each
399 subsequent purchaser on the sales invoice or other proof of
400 purchase.
401 b. To be eligible to receive the exemption provided in this
402 paragraph, a purchaser must file an application with the
403 Department of Agriculture and Consumer Services. The application
404 shall be developed by the Department of Agriculture and Consumer
405 Services, in consultation with the department, and must require:
406 (I) The name and address of the person claiming the refund.
407 (II) A specific description of the purchase for which a
408 refund is sought, including, when applicable, a serial number or
409 other permanent identification number.
410 (III) The sales invoice or other proof of purchase showing
411 the amount of sales tax paid, the date of purchase, and the name
412 and address of the sales tax dealer from whom the property was
413 purchased.
414 (IV) A sworn statement that the information provided is
415 accurate and that the requirements of this paragraph have been
416 met.
417 c. Within 30 days after receipt of an application, the
418 Department of Agriculture and Consumer Services shall evaluate
419 the application and notify the applicant of any deficiencies.
420 Upon receipt of a completed application, the Department of
421 Agriculture and Consumer Services shall evaluate the application
422 for the exemption and issue a written certification that the
423 applicant is eligible for a refund or issue a written denial of
424 the certification. The Department of Agriculture and Consumer
425 Services shall provide the department a copy of each
426 certification issued upon approval of an application.
427 d. Each certified applicant is responsible for forwarding a
428 certified copy of the application and copies of all required
429 documentation to the department within 6 months after
430 certification by the Department of Agriculture and Consumer
431 Services.
432 e. A refund approved pursuant to this paragraph must be
433 made within 30 days after approval by the department.
434 f. The Department of Agriculture and Consumer Services may
435 adopt by rule the form for the application for a certificate,
436 requirements for the content and format of information submitted
437 to the Department of Agriculture and Consumer Services in
438 support of the application, other procedural requirements, and
439 criteria by which the application will be determined. The
440 department may adopt all other rules pursuant to ss. 120.536(1)
441 and 120.54 to administer this paragraph, including rules
442 establishing additional forms and procedures for claiming the
443 exemption.
444 g. The Department of Agriculture and Consumer Services
445 shall ensure that the total amount of the exemptions authorized
446 do not exceed the limits specified in subparagraph 2.
447 5. Approval of the exemptions under this paragraph is on a
448 first-come, first-served basis, based upon the date complete
449 applications are received by the Department of Agriculture and
450 Consumer Services. Incomplete placeholder applications will not
451 be accepted and will not secure a place in the first-come,
452 first-served application line. The Department of Agriculture and
453 Consumer Services shall determine and publish on its website on
454 a regular basis the amount of sales tax funds remaining in each
455 fiscal year.
456 6. This paragraph expires July 1, 2016.
457 Section 5. Subsections (1), (2), (6), (7), and (8) of
458 section 220.192, Florida Statutes, are amended to read:
459 220.192 Renewable energy technologies investment tax
460 credit.—
461 (1) DEFINITIONS.—For purposes of this section, the term:
462 (a) “Biodiesel” means biodiesel as defined in s.
463 212.08(7)(hhh) former s. 212.08(7)(ccc).
464 (b) “Corporation” includes a general partnership, limited
465 partnership, limited liability company, unincorporated business,
466 or other business entity, including entities taxed as
467 partnerships for federal income tax purposes.
468 (c) “Eligible costs” means:
469 1. Seventy-five percent of all capital costs, operation and
470 maintenance costs, and research and development costs incurred
471 between July 1, 2006, and June 30, 2010, up to a limit of $3
472 million per state fiscal year for all taxpayers, in connection
473 with an investment in hydrogen-powered vehicles and hydrogen
474 vehicle fueling stations in the state, including, but not
475 limited to, the costs of constructing, installing, and equipping
476 such technologies in the state.
477 2. Seventy-five percent of all capital costs, operation and
478 maintenance costs, and research and development costs incurred
479 between July 1, 2006, and June 30, 2010, up to a limit of $1.5
480 million per state fiscal year for all taxpayers, and limited to
481 a maximum of $12,000 per fuel cell, in connection with an
482 investment in commercial stationary hydrogen fuel cells in the
483 state, including, but not limited to, the costs of constructing,
484 installing, and equipping such technologies in the state.
485 3. seventy-five percent of all capital costs, operation and
486 maintenance costs, and research and development costs incurred
487 between July 1, 2012, and July 1, 2016 July 1, 2006, and June
488 30, 2010, up to a limit of $10 $6.5 million per state fiscal
489 year for all taxpayers, in connection with an investment in the
490 production, storage, and distribution of biodiesel (B10-B100),
491 and ethanol (E10-E100), and renewable fuel in the state,
492 including the costs of constructing, installing, and equipping
493 such technologies in the state. Gasoline fueling station pump
494 retrofits for ethanol (E10-E100) distribution qualify as an
495 eligible cost under this subparagraph. Each applicant is
496 eligible to receive up to $1 million in tax credits.
497 (d) “Ethanol” means ethanol as defined in s. 212.08(7)(hhh)
498 former s. 212.08(7)(ccc).
499 (e) “Renewable fuel” means a fuel that has been approved by
500 the United States Environmental Protection Agency, that is
501 produced from biomass as defined in s. 366.91(2)(a), and that is
502 used to replace or reduce the quantity of fossil fuel present in
503 a transportation fuel.
504 (e) “Hydrogen fuel cell” means hydrogen fuel cell as
505 defined in former s. 212.08(7)(ccc).
506 (f) “Taxpayer” includes a corporation as defined in
507 paragraph (b) or s. 220.03.
508 (2) TAX CREDIT.—For tax years beginning on or after January
509 1, 2013 January 1, 2007, a credit against the tax imposed by
510 this chapter shall be granted in an amount equal to the eligible
511 costs. Credits may be used in tax years beginning January 1,
512 2013 January 1, 2007, and ending December 31, 2016 December 31,
513 2010, after which the credit shall expire. If the credit is not
514 fully used in any one tax year because of insufficient tax
515 liability on the part of the corporation, the unused amount may
516 be carried forward and used in tax years beginning January 1,
517 2013 January 1, 2007, and ending December 31, 2018 December 31,
518 2012, after which the credit carryover expires and may not be
519 used. A taxpayer that files a consolidated return in this state
520 as a member of an affiliated group under s. 220.131(1) may be
521 allowed the credit on a consolidated return basis up to the
522 amount of tax imposed upon the consolidated group. Any eligible
523 cost for which a credit is claimed and which is deducted or
524 otherwise reduces federal taxable income shall be added back in
525 computing adjusted federal income under s. 220.13.
526 (6) TRANSFERABILITY OF CREDIT.—
527 (a) For tax years beginning on or after January 1, 2014
528 January 1, 2009, any corporation or subsequent transferee
529 allowed a tax credit under this section may transfer the credit,
530 in whole or in part, to any taxpayer by written agreement
531 without transferring any ownership interest in the property
532 generating the credit or any interest in the entity owning such
533 property. The transferee is entitled to apply the credits
534 against the tax with the same effect as if the transferee had
535 incurred the eligible costs.
536 (b) To perfect the transfer, the transferor shall provide
537 the Department of Revenue with a written transfer statement
538 notifying the Department of Revenue of the transferor’s intent
539 to transfer the tax credits to the transferee; the date the
540 transfer is effective; the transferee’s name, address, and
541 federal taxpayer identification number; the tax period; and the
542 amount of tax credits to be transferred. The Department of
543 Revenue shall, upon receipt of a transfer statement conforming
544 to the requirements of this section, provide the transferee with
545 a certificate reflecting the tax credit amounts transferred. A
546 copy of the certificate must be attached to each tax return for
547 which the transferee seeks to apply such tax credits.
548 (c) A tax credit authorized under this section that is held
549 by a corporation and not transferred under this subsection shall
550 be passed through to the taxpayers designated as partners,
551 members, or owners, respectively, in the manner agreed to by
552 such persons regardless of whether such partners, members, or
553 owners are allocated or allowed any portion of the federal
554 energy tax credit for the eligible costs. A corporation that
555 passes the credit through to a partner, member, or owner must
556 comply with the notification requirements described in paragraph
557 (b). The partner, member, or owner must attach a copy of the
558 certificate to each tax return on which the partner, member, or
559 owner claims any portion of the credit.
560 (7) RULES.—The Department of Revenue in coordination with
561 the Department of Agriculture and Consumer Services shall have
562 the authority to adopt rules pursuant to ss. 120.536(1) and
563 120.54 to administer this section, including rules relating to:
564 (a) The forms required to claim a tax credit under this
565 section, the requirements and basis for establishing an
566 entitlement to a credit, and the examination and audit
567 procedures required to administer this section.
568 (b) The implementation and administration of the provisions
569 allowing a transfer of a tax credit, including rules prescribing
570 forms, reporting requirements, and specific procedures,
571 guidelines, and requirements necessary to transfer a tax credit.
572 (8) PUBLICATION.—The Department of Agriculture and Consumer
573 Services shall determine and publish on its website on a regular
574 basis the amount of available tax credits remaining in each
575 fiscal year.
576 Section 6. Section 220.193, Florida Statutes, is amended to
577 read:
578 220.193 Florida renewable energy production credit.—
579 (1) The purpose of this section is to encourage the
580 development and expansion of facilities that produce renewable
581 energy in Florida.
582 (2) As used in this section, the term:
583 (a) “Commission” shall mean the Public Service Commission.
584 (b) “Department” shall mean the Department of Revenue.
585 (c) “Expanded facility” shall mean a Florida renewable
586 energy facility that increases its electrical production and
587 sale by more than 5 percent above the facility’s electrical
588 production and sale during the 2011 2005 calendar year.
589 (d) “Florida renewable energy facility” shall mean a
590 facility in the state that produces electricity for sale from
591 renewable energy, as defined in s. 377.803.
592 (e) “New facility” shall mean a Florida renewable energy
593 facility that is operationally placed in service after May 1,
594 2012 2006.
595 (f) “Sale” or “sold” includes the use of electricity by the
596 producer of such electricity which decreases the amount of
597 electricity that the producer would otherwise have to purchase.
598 (g) “Taxpayer” includes a general partnership, limited
599 partnership, limited liability company, trust, or other
600 artificial entity in which a corporation, as defined in s.
601 220.03(1)(e), owns an interest and is taxed as a partnership or
602 is disregarded as a separate entity from the corporation under
603 this chapter.
604 (3) An annual credit against the tax imposed by this
605 section shall be allowed to a taxpayer, based on the taxpayer’s
606 production and sale of electricity from a new or expanded
607 Florida renewable energy facility. For a new facility, the
608 credit shall be based on the taxpayer’s sale of the facility’s
609 entire electrical production. For an expanded facility, the
610 credit shall be based on the increases in the facility’s
611 electrical production that are achieved after May 1, 2012 2006.
612 Each applicant is eligible to receive up to $500,000 in tax
613 credits.
614 (a) The credit shall be $0.01 for each kilowatt-hour of
615 electricity produced and sold by the taxpayer to an unrelated
616 party during a given tax year.
617 (b) The credit may be claimed for electricity produced and
618 sold on or after January 1, 2013 2007. Beginning in 2014 2008
619 and continuing until 2017 2011, each taxpayer claiming a credit
620 under this section must first apply to the department by
621 February 1 of each year for an allocation of available credit.
622 The department, in consultation with the commission, shall
623 develop an application form. The application form shall, at a
624 minimum, require a sworn affidavit from each taxpayer certifying
625 the increase in production and sales that form the basis of the
626 application and certifying that all information contained in the
627 application is true and correct.
628 (c) If the amount of credits applied for each year exceeds
629 $5 million, the department shall award to each applicant a
630 prorated amount based on each applicant’s increased production
631 and sales and the increased production and sales of all
632 applicants.
633 (d) If the credit granted pursuant to this section is not
634 fully used in one year because of insufficient tax liability on
635 the part of the taxpayer, the unused amount may be carried
636 forward for a period not to exceed 5 years. The carryover credit
637 may be used in a subsequent year when the tax imposed by this
638 chapter for such year exceeds the credit for such year, after
639 applying the other credits and unused credit carryovers in the
640 order provided in s. 220.02(8).
641 (e) A taxpayer that files a consolidated return in this
642 state as a member of an affiliated group under s. 220.131(1) may
643 be allowed the credit on a consolidated return basis up to the
644 amount of tax imposed upon the consolidated group.
645 (f)1. Tax credits that may be available under this section
646 to an entity eligible under this section may be transferred
647 after a merger or acquisition to the surviving or acquiring
648 entity and used in the same manner with the same limitations.
649 2. The entity or its surviving or acquiring entity as
650 described in subparagraph 1. may transfer any unused credit in
651 whole or in units of no less than 25 percent of the remaining
652 credit. The entity acquiring such credit may use it in the same
653 manner and with the same limitations under this section. Such
654 transferred credits may not be transferred again although they
655 may succeed to a surviving or acquiring entity subject to the
656 same conditions and limitations as described in this section.
657 3. In the event the credit provided for under this section
658 is reduced as a result of an examination or audit by the
659 department, such tax deficiency shall be recovered from the
660 first entity or the surviving or acquiring entity to have
661 claimed such credit up to the amount of credit taken. Any
662 subsequent deficiencies shall be assessed against any entity
663 acquiring and claiming such credit, or in the case of multiple
664 succeeding entities in the order of credit succession.
665 (g) Notwithstanding any other provision of this section,
666 credits for the production and sale of electricity from a new or
667 expanded Florida renewable energy facility may be earned between
668 January 1, 2013 2007, and June 30, 2016 2010. The combined total
669 amount of tax credits which may be granted for all taxpayers
670 under this section is limited to $5 million per state fiscal
671 year.
672 (h) A taxpayer claiming a credit under this section shall
673 be required to add back to net income that portion of its
674 business deductions claimed on its federal return paid or
675 incurred for the taxable year which is equal to the amount of
676 the credit allowable for the taxable year under this section.
677 (i) A taxpayer claiming credit under this section may not
678 claim a credit under s. 220.192. A taxpayer claiming credit
679 under s. 220.192 may not claim a credit under this section.
680 (j) When an entity treated as a partnership or a
681 disregarded entity under this chapter produces and sells
682 electricity from a new or expanded renewable energy facility,
683 the credit earned by such entity shall pass through in the same
684 manner as items of income and expense pass through for federal
685 income tax purposes. When an entity applies for the credit and
686 the entity has received the credit by a pass-through, the
687 application must identify the taxpayer that passed the credit
688 through, all taxpayers that received the credit, and the
689 percentage of the credit that passes through to each recipient
690 and must provide other information that the department requires.
691 (k) A taxpayer’s use of the credit granted pursuant to this
692 section does not reduce the amount of any credit available to
693 such taxpayer under s. 220.186.
694 (4) The department may adopt rules to implement and
695 administer this section, including rules prescribing forms, the
696 documentation needed to substantiate a claim for the tax credit,
697 and the specific procedures and guidelines for claiming the
698 credit.
699 (5) This section shall take effect upon becoming law and
700 shall apply to tax years beginning on and after January 1, 2013
701 2007.
702 Section 7. Section 255.257, Florida Statutes, is amended to
703 read:
704 255.257 Energy management; buildings occupied by state
705 agencies.—
706 (1) ENERGY CONSUMPTION AND COST DATA.—Each state agency
707 shall collect data on energy consumption and cost. The data
708 gathered shall be on state-owned facilities and metered state
709 leased facilities that are used by the state and are 5,000
710 square feet or more of conditioned space of 5,000 net square
711 feet or more. These data will be used in the computation of the
712 effectiveness of the state energy management plan and the
713 effectiveness of the energy management program of each of the
714 state agencies. Collected data shall be reported annually to the
715 department in a format prescribed by the department.
716 (2) ENERGY MANAGEMENT COORDINATORS.—Each state agency, the
717 Florida Public Service Commission, the Department of Military
718 Affairs, and the judicial branch shall appoint a coordinator
719 whose responsibility shall be to advise the head of the state
720 agency on matters relating to energy consumption in facilities
721 under the control of that head or in space occupied by the
722 various units comprising that state agency, in vehicles operated
723 by that state agency, and in other energy-consuming activities
724 of the state agency. The coordinator shall implement the energy
725 management program agreed upon by the state agency concerned and
726 assist the department in the development of the State Energy
727 Management Plan.
728 (3) CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.—The
729 Department of Management Services, in coordination with the
730 Department of Agriculture and Consumer Services, shall adopt
731 rules and forms for the development of the develop a state
732 energy management plan consisting of, but not limited to, the
733 following elements:
734 (a) Data-gathering requirements;
735 (b) Standard and uniform benchmark requirements as a
736 measure to evaluate the energy efficiency of state-owned and
737 state-leased buildings;
738 (c)(b) Building energy audit procedures;
739 (d)(c) Standard and uniform data analysis and reporting
740 procedures;
741 (e)(d) Employee energy education program measures;
742 (f)(e) Energy consumption reduction techniques;
743 (g)(f) Training program for state agency energy management
744 coordinators; and
745 (h)(g) Guidelines for building managers.
746
747 The plan shall include a description of actions that state
748 agencies shall take to reduce consumption of electricity and
749 nonrenewable energy sources used for space heating and cooling,
750 ventilation, lighting, water heating, and transportation.
751 (4) ADOPTION OF STANDARDS.—
752 (a) Each All state agency agencies shall adopt a standard
753 and uniform statewide sustainable building rating system or use
754 a national model green building code for all new buildings and
755 renovations to existing buildings.
756 (b) A No state agency may not shall enter into new leasing
757 agreements for office space that does not meet Energy Star
758 building standards, except when the appropriate state agency
759 head determines that no other viable or cost-effective
760 alternative exists.
761 (c) Each All state agency agencies shall develop energy
762 conservation measures and guidelines for new and existing office
763 space where state agencies occupy more than 5,000 square feet or
764 more of conditioned space. These conservation measures shall
765 focus on programs that may reduce energy consumption and, when
766 established, provide a net reduction in occupancy costs.
767 Section 8. Paragraph (q) of subsection (2) of section
768 288.106, Florida Statutes, is amended to read:
769 288.106 Tax refund program for qualified target industry
770 businesses.—
771 (2) DEFINITIONS.—As used in this section:
772 (q) “Target industry business” means a corporate
773 headquarters business or any business that is engaged in one of
774 the target industries identified pursuant to the following
775 criteria developed by the department in consultation with
776 Enterprise Florida, Inc.:
777 1. Future growth.—Industry forecasts should indicate strong
778 expectation for future growth in both employment and output,
779 according to the most recent available data. Special
780 consideration should be given to businesses that export goods
781 to, or provide services in, international markets and businesses
782 that replace domestic and international imports of goods or
783 services.
784 2. Stability.—The industry should not be subject to
785 periodic layoffs, whether due to seasonality or sensitivity to
786 volatile economic variables such as weather. The industry should
787 also be relatively resistant to recession, so that the demand
788 for products of this industry is not typically subject to
789 decline during an economic downturn.
790 3. High wage.—The industry should pay relatively high wages
791 compared to statewide or area averages.
792 4. Market and resource independent.—The location of
793 industry businesses should not be dependent on Florida markets
794 or resources as indicated by industry analysis, except for
795 businesses in the renewable energy industry.
796 5. Industrial base diversification and strengthening.—The
797 industry should contribute toward expanding or diversifying the
798 state’s or area’s economic base, as indicated by analysis of
799 employment and output shares compared to national and regional
800 trends. Special consideration should be given to industries that
801 strengthen regional economies by adding value to basic products
802 or building regional industrial clusters as indicated by
803 industry analysis. Special consideration should also be given to
804 the development of strong industrial clusters that include
805 defense and homeland security businesses.
806 6. Positive economic impact.—The industry is expected to
807 have strong positive economic impacts on or benefits to the
808 state or regional economies. Special consideration should be
809 given to industries that facilitate the development of the state
810 as a hub for domestic and global trade and logistics.
811
812 The term does not include any business engaged in retail
813 industry activities; any electrical utility company as defined
814 in s. 366.02(2); any phosphate or other solid minerals
815 severance, mining, or processing operation; any oil or gas
816 exploration or production operation; or any business subject to
817 regulation by the Division of Hotels and Restaurants of the
818 Department of Business and Professional Regulation. Any business
819 within NAICS code 5611 or 5614, office administrative services
820 and business support services, respectively, may be considered a
821 target industry business only after the local governing body and
822 Enterprise Florida, Inc., make a determination that the
823 community where the business may locate has conditions affecting
824 the fiscal and economic viability of the local community or
825 area, including but not limited to, factors such as low per
826 capita income, high unemployment, high underemployment, and a
827 lack of year-round stable employment opportunities, and such
828 conditions may be improved by the location of such a business to
829 the community. By January 1 of every 3rd year, beginning January
830 1, 2011, the department, in consultation with Enterprise
831 Florida, Inc., economic development organizations, the State
832 University System, local governments, employee and employer
833 organizations, market analysts, and economists, shall review
834 and, as appropriate, revise the list of such target industries
835 and submit the list to the Governor, the President of the
836 Senate, and the Speaker of the House of Representatives.
837 Section 9. Section 366.94, Florida Statutes, is created to
838 read:
839 366.94 Electric vehicle charging stations.—
840 (1) Providing electric vehicle charging service to the
841 public is not the retail sale of electricity for the purposes of
842 this chapter and the rates, terms, and conditions of electric
843 vehicle charging services are not subject to regulation under
844 this chapter regardless of the provider. This section does not
845 affect the ability of an individual, business, or governmental
846 entity to acquire, install, or use an electric vehicle charger
847 for its own use for its own vehicle.
848 (2) The Florida Building Commission, in coordination with
849 the Department of Agriculture and Consumer Services and the
850 Public Service Commission, shall develop rules to provide
851 uniform standards for building and electric codes, local
852 permitting, and the installation of electric vehicle charging
853 stations. The development of these standards is expressly
854 preempted to the state and any local governmental entity
855 enforcing the subject areas of the standards established by this
856 section must use the standards set forth pursuant to this
857 section.
858 (3) The Department of Agriculture and Consumer Services
859 shall adopt rules to provide definitions, methods of sale,
860 labeling requirements, and price-posting requirements for
861 electric vehicle charging stations in order to provide
862 consistency for consumers and the industry.
863 (4) The Public Service Commission shall conduct a study of
864 the effects of the charging stations on energy consumption in
865 this state and the effects on the grid. The Public Service
866 Commission shall also investigate the feasibility of using off
867 grid solar photovoltaic power as a source of electricity for
868 electric vehicle charging stations.
869 (5) It is unlawful for a person to stop, stand, or park a
870 vehicle that is not capable of using an electrical recharging
871 station within any parking space specifically designated for
872 charging an electric vehicle. If a law enforcement officer finds
873 a motor vehicle in violation of this subsection, the officer or
874 specialist shall charge the operator or other person in charge
875 of the vehicle in violation with a noncriminal traffic
876 infraction, punishable as provided in s. 316.008(4) or s.
877 318.18.
878 Section 10. Subsection (1) of section 526.203, Florida
879 Statutes, is amended to read:
880 526.203 Renewable fuel standard.—
881 (1) DEFINITIONS.—As used in this act:
882 (a) “Alternative fuel” means a fuel that is produced from
883 biomass as defined in s. 366.91, that is used to replace or
884 reduce the quantity of fossil fuel present in a petroleum fuel,
885 and that meets the specifications adopted by the department.
886 (b)(a) “Blender,” “importer,” “terminal supplier,” and
887 “wholesaler” are defined as provided in s. 206.01.
888 (c)(b) “Blended gasoline” means a mixture of 90 to 91
889 percent gasoline and 9 to 10 percent fuel ethanol or other
890 alternative fuel, by volume, that meets the specifications as
891 adopted by the department. The fuel ethanol or other alternative
892 fuel portion may be derived from any agricultural source.
893 (d)(c) “Fuel ethanol” means an anhydrous denatured alcohol
894 produced by the conversion of carbohydrates that meets the
895 specifications as adopted by the department.
896 (e)(d) “Unblended gasoline” means gasoline that has not
897 been blended with fuel ethanol or other alternative fuel and
898 that meets the specifications as adopted by the department.
899 Section 11. Subsection (4) of section 581.083, Florida
900 Statutes, is amended to read:
901 581.083 Introduction or release of plant pests, noxious
902 weeds, or organisms affecting plant life; cultivation of
903 nonnative plants; special permit and security required.—
904 (4) A person may not cultivate a nonnative plant, algae, or
905 blue-green algae, including a genetically engineered plant,
906 algae, or blue-green algae or a plant that has been introduced,
907 for purposes of fuel production or purposes other than
908 agriculture in plantings greater in size than 2 contiguous
909 acres, except under a special permit issued by the department
910 through the division, which is the sole agency responsible for
911 issuing such special permits. The Such a permit is shall not be
912 required if the department determines, after consulting in
913 conjunction with the Institute of Food and Agricultural Sciences
914 at the University of Florida, that, based on experience or
915 research data, the nonnative plant, algae, or blue-green algae
916 does not pose a known threat of becoming an is not invasive
917 species or a pest of plants or native fauna under conditions in
918 this state, and if the department and subsequently exempts the
919 plant by rule.
920 (a)1. Each application for a special permit must be
921 accompanied by a fee as described in subsection (2) and proof
922 that the applicant has obtained, on a form approved by the
923 department, a bond in the form approved by the department and
924 issued by a surety company admitted to do business in this
925 state, or a certificate of deposit, or other type of security
926 adopted by rule of the department which provides a financial
927 assurance of cost-recovery for the removal of a planting. The
928 application must include, on a form provided by the department,
929 the name of the applicant and the applicant’s address or the
930 address of the applicant’s principal place of business; a
931 statement completely identifying the nonnative plant to be
932 cultivated; and a statement of the estimated cost of removing
933 and destroying the plant that is the subject of the special
934 permit and the basis for calculating or determining that
935 estimate. If the applicant is a corporation, partnership, or
936 other business entity, the applicant must also provide in the
937 application the name and address of each officer, partner, or
938 managing agent. The applicant shall notify the department within
939 10 business days after of any change of address or change in the
940 principal place of business. The department shall mail all
941 notices to the applicant’s last known address.
942 2. As used in this subsection, the term “certificate of
943 deposit” means a certificate of deposit at any recognized
944 financial institution doing business in the United States. The
945 department may not accept a certificate of deposit in connection
946 with the issuance of a special permit unless the issuing
947 institution is properly insured by the Federal Deposit Insurance
948 Corporation or the Federal Savings and Loan Insurance
949 Corporation.
950 (b) Upon obtaining a permit, the permitholder may annually
951 cultivate and maintain the nonnative plants as authorized by the
952 special permit. If the permitholder ceases to maintain or
953 cultivate the plants authorized by the special permit, if the
954 permit expires, or if the permitholder ceases to abide by the
955 conditions of the special permit, the permitholder shall
956 immediately remove and destroy the plants that are subject to
957 the permit, if any remain. The permitholder shall notify the
958 department of the removal and destruction of the plants within
959 10 days after such event.
960 (c) If the department:
961 1. Determines that the permitholder is no longer
962 maintaining or cultivating the plants subject to the special
963 permit and has not removed and destroyed the plants authorized
964 by the special permit;
965 2. Determines that the continued maintenance or cultivation
966 of the plants presents an imminent danger to public health,
967 safety, or welfare;
968 3. Determines that the permitholder has exceeded the
969 conditions of the authorized special permit; or
970 4. Receives a notice of cancellation of the surety bond,
971
972 the department may issue an immediate final order, which shall
973 be immediately appealable or enjoinable as provided by chapter
974 120, directing the permitholder to immediately remove and
975 destroy the plants authorized to be cultivated under the special
976 permit. A copy of the immediate final order must shall be mailed
977 to the permitholder and to the surety company or financial
978 institution that has provided security for the special permit,
979 if applicable.
980 (d) If, upon issuance by the department of an immediate
981 final order to the permitholder, the permitholder fails to
982 remove and destroy the plants subject to the special permit
983 within 60 days after issuance of the order, or such shorter
984 period as is designated in the order as public health, safety,
985 or welfare requires, the department may enter the cultivated
986 acreage and remove and destroy the plants that are the subject
987 of the special permit. If the permitholder makes a written
988 request to the department for an extension of time to remove and
989 destroy the plants that demonstrates specific facts showing why
990 the plants could not reasonably be removed and destroyed in the
991 applicable timeframe, the department may extend the time for
992 removing and destroying plants subject to a special permit. The
993 reasonable costs and expenses incurred by the department for
994 removing and destroying plants subject to a special permit shall
995 be reimbursed to the department by the permitholder within 21
996 days after the date the permitholder and the surety company or
997 financial institution are served a copy of the department’s
998 invoice for the costs and expenses incurred by the department to
999 remove and destroy the cultivated plants, along with a notice of
1000 administrative rights, unless the permitholder or the surety
1001 company or financial institution object to the reasonableness of
1002 the invoice. In the event of an objection, the permitholder or
1003 surety company or financial institution is entitled to an
1004 administrative proceeding as provided by chapter 120. Upon entry
1005 of a final order determining the reasonableness of the incurred
1006 costs and expenses, the permitholder has shall have 15 days
1007 after following service of the final order to reimburse the
1008 department. Failure of the permitholder to timely reimburse the
1009 department for the incurred costs and expenses entitles the
1010 department to reimbursement from the applicable bond or
1011 certificate of deposit.
1012 (e) Each permitholder shall maintain for each separate
1013 growing location a bond or a certificate of deposit in an amount
1014 determined by the department, but not more less than 150 percent
1015 of the estimated cost of removing and destroying the cultivated
1016 plants. The bond or certificate of deposit may not exceed $5,000
1017 per acre, unless a higher amount is determined by the department
1018 to be necessary to protect the public health, safety, and
1019 welfare or unless an exemption is granted by the department
1020 based on conditions specified in the application which would
1021 preclude the department from incurring the cost of removing and
1022 destroying the cultivated plants and would prevent injury to the
1023 public health, safety, and welfare. The aggregate liability of
1024 the surety company or financial institution to all persons for
1025 all breaches of the conditions of the bond or certificate of
1026 deposit may not exceed the amount of the bond or certificate of
1027 deposit. The original bond or certificate of deposit required by
1028 this subsection must shall be filed with the department. A
1029 surety company shall give the department 30 days’ written notice
1030 of cancellation, by certified mail, in order to cancel a bond.
1031 Cancellation of a bond does not relieve a surety company of
1032 liability for paying to the department all costs and expenses
1033 incurred or to be incurred for removing and destroying the
1034 permitted plants covered by an immediate final order authorized
1035 under paragraph (c). A bond or certificate of deposit must be
1036 provided or assigned in the exact name in which an applicant
1037 applies for a special permit. The penal sum of the bond or
1038 certificate of deposit to be furnished to the department by a
1039 permitholder in the amount specified in this paragraph must
1040 guarantee payment of the costs and expenses incurred or to be
1041 incurred by the department for removing and destroying the
1042 plants cultivated under the issued special permit. The bond or
1043 certificate of deposit assignment or agreement must be upon a
1044 form prescribed or approved by the department and must be
1045 conditioned to secure the faithful accounting for and payment of
1046 all costs and expenses incurred by the department for removing
1047 and destroying all plants cultivated under the special permit.
1048 The bond or certificate of deposit assignment or agreement must
1049 include terms binding the instrument to the Commissioner of
1050 Agriculture. Such certificate of deposit shall be presented with
1051 an assignment of the permitholder’s rights in the certificate in
1052 favor of the Commissioner of Agriculture on a form prescribed by
1053 the department and with a letter from the issuing institution
1054 acknowledging that the assignment has been properly recorded on
1055 the books of the issuing institution and will be honored by the
1056 issuing institution. Such assignment is irrevocable while a
1057 special permit is in effect and for an additional period of 6
1058 months after termination of the special permit if operations to
1059 remove and destroy the permitted plants are not continuing and
1060 if the department’s invoice remains unpaid by the permitholder
1061 under the issued immediate final order. If operations to remove
1062 and destroy the plants are pending, the assignment remains in
1063 effect until all plants are removed and destroyed and the
1064 department’s invoice has been paid. The bond or certificate of
1065 deposit may be released by the assignee of the surety company or
1066 financial institution to the permitholder, or to the
1067 permitholder’s successors, assignee, or heirs, if operations to
1068 remove and destroy the permitted plants are not pending and no
1069 invoice remains unpaid at the conclusion of 6 months after the
1070 last effective date of the special permit. The department may
1071 not accept a certificate of deposit that contains any provision
1072 that would give to any person any prior rights or claim on the
1073 proceeds or principal of such certificate of deposit. The
1074 department shall determine by rule whether an annual bond or
1075 certificate of deposit will be required. The amount of such bond
1076 or certificate of deposit shall be increased, upon order of the
1077 department, at any time if the department finds such increase to
1078 be warranted by the cultivating operations of the permitholder.
1079 In the same manner, the amount of such bond or certificate of
1080 deposit may be decreased or removed when a decrease in the
1081 cultivating operations of the permitholder occurs or when
1082 research or practical field knowledge and observations indicate
1083 a low risk of invasiveness by the nonnative species warrants
1084 such decrease. Factors that may be considered to decrease or
1085 remove the bond or certificate-of-deposit requirements include
1086 multiple years or cycles of successful large-scale contained
1087 cultivation; observation of plant, algae, or blue-green algae
1088 that do not escape from managed areas; or science-based evidence
1089 that established or proved adjusted cultivation practices
1090 provide a similar level of containment of the nonnative plant,
1091 algae, or blue-green algae. This paragraph applies to any bond
1092 or certificate of deposit, regardless of the anniversary date of
1093 its issuance, expiration, or renewal.
1094 (f) In order to carry out the purposes of this subsection,
1095 the department or its agents may require from any permitholder
1096 verified statements of the cultivated acreage subject to the
1097 special permit and may review the permitholder’s business or
1098 cultivation records at her or his place of business during
1099 normal business hours in order to determine the acreage
1100 cultivated. The failure of a permitholder to furnish such
1101 statement, to make such records available, or to make and
1102 deliver a new or additional bond or certificate of deposit is
1103 cause for suspension of the special permit. If the department
1104 finds such failure to be willful, the special permit may be
1105 revoked.
1106 Section 12. The Department of Agriculture and Consumer
1107 Services shall conduct a comprehensive statewide forest
1108 inventory analysis and study, using a geographic information
1109 system, to identify where available biomass is located,
1110 determine the available biomass resources, and ensure forest
1111 sustainability within the state. The department shall submit the
1112 results of the study to the President of the Senate, the Speaker
1113 of the House of Representatives, and the Executive Office of the
1114 Governor by July 1, 2013.
1115 Section 13. The Office of Energy within the Department of
1116 Agriculture and Consumer Services, in consultation with the
1117 Public Service Commission, the Florida Building Commission, and
1118 the Florida Energy Systems Consortium, shall develop a
1119 clearinghouse of information regarding cost savings associated
1120 with various energy efficiency and conservation measures. The
1121 department shall post the information on its website by July 1,
1122 2013.
1123 Section 14. The Public Service Commission shall evaluate
1124 and prepare a report on the Florida Energy Efficiency and
1125 Conservation Act and determine if the act remains in the public
1126 interest. The evaluation must consider the costs to ratepayers,
1127 the incentives and disincentives associated with the provisions
1128 in the act, and if the programs create benefits without undue
1129 burden on the customer. The models and methods used to determine
1130 conservation goals must be specifically addressed in the report.
1131 The commission shall submit the report to the President of the
1132 Senate, the Speaker of the House of Representatives, and the
1133 Executive Office of the Governor by January 31, 2013.
1134 Section 15. This act shall take effect July 1, 2012.