Florida Senate - 2008 SB 2850

By Senator Margolis

35-03773-08 20082850__

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A bill to be entitled

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An act relating to energy efficiency; providing

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legislative findings; creating the Energy Policy

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Governance Task Force; providing purpose; providing for

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membership; specifying duties; providing for staff;

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requiring a report to the Governor and Legislature;

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providing for expiration of the task force; directing the

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Florida Building Commission to convene a workgroup to

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develop a model residential energy efficiency ordinance;

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requiring the commission to consult with specified

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entities to review the cost-effectiveness of energy

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efficiency measures in the construction of residential,

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commercial, and government buildings; requiring a report

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to the Legislature; requiring the commission to consult

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with specified entities to develop and implement a public

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awareness campaign; providing a declaration of important

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state interest; requiring all county, municipal, and

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public community college buildings to meet certain energy

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efficiency standards for construction; providing

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applicability; establishing a schedule for the required

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purchase of biodiesel fuel for use by state-owned diesel

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vehicles and equipment; establishing a schedule for the

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required purchase of ethanol for use by state-owned flex-

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fuel vehicles; requiring administration, enforcement, and

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annual reporting by the Department of Management Services;

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requiring a percentage of total diesel fuel purchases by

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school district transportation services to be biodiesel

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fuel purchases; providing applicability to certain

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contracts; creating s. 206.665, F.S.; providing for

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refunds on fuel used for the transportation of products

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used to produce a renewable energy source; providing an

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effective date.

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

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     Section 1. The Legislature finds that it is in the public

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interest to promote alternative and renewable energy technologies

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in this state, including alternative fuels and technologies for

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electric power plants and motor vehicles, energy conservation,

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distributed generation, advanced transmission methods, and

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pollution and greenhouse gas control. Both Florida and the United

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States in general are overly dependent on foreign oil to meet the

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energy needs of buildings and motor vehicles. Alternative and

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renewable energy and energy conservation technologies have the

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potential to decrease this dependency, minimize volatility of

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fuel costs, and improve environmental conditions. In-state

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research, development, deployment, and use of these technologies

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can make the state a leader in new and innovative technologies

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and encourage investment and economic development in this state.

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     (1) The Energy Policy Governance Task Force is created to

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recommend a unified approach to state energy policy including

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energy conservation, research, and development and the deployment

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of alternative and renewable energy technology. The task force

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shall review the programs and policies of the Department of

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Agriculture and Consumer Services, the Department of

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Environmental Protection, the State University System, the Public

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Service Commission, and other relevant public and private-sector

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entities in preparing its recommendations.

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     (2) The task force shall be composed of the following

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members:

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     (a) Two members appointed by the President of the Senate.

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     (b) Two members appointed by the Speaker of the House of

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Representatives.

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     (c) Two members appointed by the Governor.

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     (d) The Commissioner of Agriculture or a designee.

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     (e) The Secretary of Environmental Protection or a

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designee.

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     (f) A vice president for research designated by the Council

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of Vice Presidents for State University Research.

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     (g) The chair of the Florida Energy Commission or a

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designee.

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     (h) The chair of the Florida Public Service Commission or a

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designee.

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     (i) The Public Counsel.

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     (3) Task force members shall be appointed no later than

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August 1, 2008. Members shall elect a chair and vice chair from

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the membership of the task force.

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     (4) In developing its recommendations, the task force shall

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determine the appropriate approach toward providing a coordinated

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statewide effort to:

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     (a) Promote the state as a leader in new and innovative

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technologies and, in cooperation with Enterprise Florida, Inc.,

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as a location for businesses having operations related to

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alternative and renewable energy technologies.

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     (b) Promote alternative and renewable energy technologies,

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including alternative fuels and technologies for electric power

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plants and motor vehicles, energy conservation, distributed

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generation, advanced transmission methods, and pollution and

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greenhouse gas control.

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     (c) Administer funding of matching grants for

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demonstration, commercialization, research, and development of

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projects relating to bioenergy and renewable energy technologies.

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     (d) Assist state universities and the private sector in

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determining the areas on which to focus research in alternative

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and renewable energy technologies and assist in coordinating

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research projects among universities and relevant private-sector

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entities.

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     (e) Assist universities, other state entities, and private-

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sector entities in raising funds from all available public or

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private-sector sources for projects concerning research,

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development, or deployment of alternative and renewable energy

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technologies, including projects that involve the production of,

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improvements in, or use of alternative and renewable energy

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technologies in this state.

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     (5) The task force shall be jointly staffed by personnel

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appointed by the Governor, the President of the Senate, and the

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Speaker of the House of Representatives.

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     (6) No later than February 1, 2009, the task force shall

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submit its recommendations to the Governor, the President of the

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Senate, and the Speaker of the House of Representatives.

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     (7) The task force shall expire on June 30, 2009.

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     Section 2. (1) The Florida Building Commission shall

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convene a workgroup comprised of representatives from the Florida

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Energy Commission, the Department of Community Affairs, the

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Building Officials Association of Florida, the Florida Energy

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Office, the Florida Home Builders Association, the Florida

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Association of Counties, the Florida League of Cities, and other

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stakeholders to develop a model residential energy efficiency

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ordinance that provides incentives to meet energy efficiency

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standards. The commission shall submit such model ordinance to

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the President of the Senate and the Speaker of the House of

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Representatives no later than March 1, 2009.

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     (2) The Florida Building Commission, in consultation with

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the Florida Energy Commission, the Building Officials Association

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of Florida, the Florida Energy Office, the Florida Home Builders

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Association, the Florida Association of Counties, the Florida

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League of Cities, and other stakeholders, shall review the

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Florida Energy Code for Building Construction. Specifically, the

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commission shall revisit the analysis of cost-effectiveness that

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serves as the basis for energy efficiency levels for residential

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buildings, identify cost-effective means to improve energy

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efficiency in commercial buildings, and compare the code to the

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International Energy Conservation Code and the American Society

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of Heating, Refrigerating and Air-Conditioning Engineers

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Standards 90.1 and 90.2. The commission shall provide a report to

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the President of the Senate and the Speaker of the House of

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Representatives no later than March 1, 2009, proposing a standard

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that may be adopted for the construction of all new residential,

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commercial, and government buildings.

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     (3) The Florida Building Commission, in consultation with

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the Florida Solar Energy Center, the Florida Energy Commission,

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the Florida Energy Office, the United States Department of

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Energy, and the Florida Home Builders Association, shall develop

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and implement a public awareness campaign that promotes energy

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efficiency and the benefits of green building practices by

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January 1, 2009. The campaign shall include enhancement of an

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existing Internet website from which all citizens may obtain

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information pertaining to green building practices, calculate

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anticipated savings from incorporation of those practices, and

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learn about energy efficiency strategies that may be used in

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their existing homes or when building homes. The campaign shall

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focus on the benefits of promoting energy efficiency to the

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purchasers of new homes, the various green building ratings

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available, and the promotion of various energy-efficient products

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through existing trade shows. The campaign shall also include

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strategies for using print advertising, press releases, and

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television advertising to promote voluntary incorporation of

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green building practices.

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     Section 3. (1) The Legislature declares that there is an

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important state interest in promoting the construction of energy-

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efficient and sustainable buildings. Government leadership in

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promoting these standards is vital to demonstrating the state's

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commitment to energy conservation, saving taxpayers money, and

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raising public awareness of energy-rating systems.

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

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buildings shall be constructed to meet the United States Green

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Building Council (USGBC) Leadership in Energy and Environmental

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

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Green Globes rating system, or a nationally recognized, high-

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performance green building rating system as approved by the

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Department of Management Services. This section shall apply to

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all county, municipal, and public community college buildings,

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the architectural plans of which are commenced after July 1,

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2009.

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     Section 4. State fleet biodiesel usage.--

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     (1) By July 1, 2009, a minimum of 5 percent, by January 1,

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2010, a minimum of 10 percent, and by January 1, 2011, a minimum

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

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owned diesel vehicles and equipment shall be biodiesel fuel (B20)

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purchases, subject to availability.

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     (2) By July 1, 2009, a minimum of 5 percent, by January 1,

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2010, a minimum of 10 percent, and by January 1, 2011, a minimum

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

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flex-fuel vehicles shall be ethanol purchases, subject to

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availability.

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     (3) The Department of Management Services shall provide for

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the proper administration, implementation, and enforcement of

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this section.

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     (4) The Department of Management Services shall report to

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the President of the Senate and the Speaker of the House of

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Representatives on or before March 1, 2009, and annually

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

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fleet. The report shall contain the number of gallons purchased

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

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and a description of fleet performance.

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     Section 5. School district biodiesel usage.--

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     (1) By January 1, 2009, a minimum of 20 percent of total

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purchases of diesel fuel for use by school district

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transportation services shall be biodiesel fuel (B20) purchases,

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subject to availability.

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     (2) If a school district contracts with another government

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entity or private entity to provide transportation services for

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any of its pupils, the biodiesel fuel requirement provided in

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subsection (1) shall be part of that contract. However, this

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subsection shall apply only to contracts entered into on or after

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July 1, 2008.

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     Section 6.  Section 206.665, Florida Statutes, is created to

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read:

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     206.665 Refunds on fuel used for the transportation of

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products used to produce a renewable energy source.--Any person

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who uses any motor fuel for the transportation of products used

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to produce a renewable energy source on which the tax, as imposed

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by this part, has been paid shall be entitled to a refund of the

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municipal fuel tax imposed by s. 206.41(1)(c) according to the

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administrative procedures in s. 206.41.

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     Section 7.  This act shall take effect July 1, 2008.

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