| 1 | A bill to be entitled |
| 2 | An act relating to alternative energy and energy |
| 3 | efficiency; creating ss. 125.01095 and 166.0446, F.S.; |
| 4 | providing that the construction and operation of a biofuel |
| 5 | processing or renewable energy generating facility or the |
| 6 | cultivation and production of bioenergy constitutes a |
| 7 | valid industrial, agricultural, or silvicultural use; |
| 8 | providing an exemption for such facilities and operations |
| 9 | from local comprehensive land use plans, local zoning |
| 10 | regulations, and requirements for a comprehensive plan |
| 11 | amendment, special exemption, use permit, waiver, or |
| 12 | variance; providing a limitation for fees imposed on such |
| 13 | facility owners and operators by local governments; |
| 14 | amending s. 193.461, F.S.; requiring portions of |
| 15 | agricultural properties containing solar energy facilities |
| 16 | or biofuel processing facilities to be assessed |
| 17 | separately; providing for the classification of the |
| 18 | remaining portions of such properties; amending s. |
| 19 | 193.462, F.S.; conforming a cross-reference; amending ss. |
| 20 | 213.053 and 220.192, F.S.; conforming references to the |
| 21 | transfer of duties relating to the renewable energy |
| 22 | technologies investment tax credit from the Department of |
| 23 | Environmental Protection to the Florida Energy and Climate |
| 24 | Commission; providing retroactive applicability with |
| 25 | respect to access to related confidential information; |
| 26 | amending s. 366.91, F.S.; including biodiesel in the |
| 27 | definition of the term "renewable energy"; amending s. |
| 28 | 366.92, F.S.; defining the term "combined heat and power |
| 29 | system"; revising the definitions of the terms "renewable |
| 30 | energy" and "renewable energy credit" to include |
| 31 | provisions for combined heat and power systems; revising |
| 32 | the definitions of other terms to provide editorial |
| 33 | changes; amending s. 373.236, F.S.; authorizing 25-year |
| 34 | consumptive use permits for specified lands used in the |
| 35 | production of renewable energy; providing that such |
| 36 | permits are exempt from certain revocation by the |
| 37 | governing board of the water management district or by the |
| 38 | Department of Environmental Protection; amending s. |
| 39 | 403.503, F.S.; removing solar electrical generating |
| 40 | facilities from the definition of the term "electrical |
| 41 | power plant" for the purpose of certification relating to |
| 42 | the Florida Electrical Power Plant Siting Act; amending s. |
| 43 | 403.973, F.S.; providing that permit applications and |
| 44 | local comprehensive plan amendments for specified |
| 45 | renewable energy projects are eligible for expedited |
| 46 | review by local governments; providing for the |
| 47 | establishment of regional permit action teams through the |
| 48 | execution of memoranda of agreement developed by permit |
| 49 | applicants and the Office of Tourism, Trade, and Economic |
| 50 | Development; providing for the appeal of a local |
| 51 | government's approval of an expedited permit or |
| 52 | comprehensive plan amendment and requiring such appeals to |
| 53 | be consolidated with challenges to state agency actions; |
| 54 | specifying the form of the memoranda of agreement |
| 55 | developed by the office; providing for challenges to state |
| 56 | agency action related to expedited permitting for |
| 57 | specified renewable energy projects; revising provisions |
| 58 | relating to the review of sites proposed for the location |
| 59 | of specified facilities; specifying expedited review |
| 60 | eligibility for certain electrical power projects; |
| 61 | amending s. 525.09, F.S.; providing an inspection fee and |
| 62 | related reporting requirements for specified alternative |
| 63 | fuels; amending s. 553.792, F.S.; providing for a single |
| 64 | permit, permit application, and permit fee for the |
| 65 | installation of specified systems; providing criteria for |
| 66 | determining fee amounts; requiring the Florida Energy and |
| 67 | Climate Commission to prepare a report on energy |
| 68 | efficiency with respect to low-income households and |
| 69 | rental housing properties to be submitted to the |
| 70 | Legislature by a specified date; providing report |
| 71 | requirements; providing effective dates. |
| 72 |
|
| 73 | Be It Enacted by the Legislature of the State of Florida: |
| 74 |
|
| 75 | Section 1. Section 125.01095, Florida Statutes, is created |
| 76 | to read: |
| 77 | 125.01095 Biofuel and renewable energy.--The construction |
| 78 | and operation of a biofuel processing facility or a facility for |
| 79 | the production or generation of renewable energy, as defined in |
| 80 | s. 366.91(2)(d), and the cultivation and production of |
| 81 | bioenergy, as defined in s. 570.957(1)(a), are each a valid |
| 82 | industrial, agricultural, or silvicultural use permitted within |
| 83 | such land use categories in a local comprehensive land use plan |
| 84 | and for purposes of any local zoning regulation. Local |
| 85 | comprehensive land use plans and local zoning regulations may |
| 86 | not require the owner or operator of a biofuel processing |
| 87 | facility or a renewable energy generating facility to obtain any |
| 88 | comprehensive plan amendment, special exemption, use permit, |
| 89 | waiver, or variance, or to pay any special fee in excess of |
| 90 | $1,000, to operate in an area zoned for industrial, |
| 91 | agricultural, or silvicultural use. The construction and |
| 92 | operation of a facility and related improvements on a portion of |
| 93 | a property pursuant to this section shall not affect the |
| 94 | remainder of the property's classification as agricultural |
| 95 | pursuant to s. 193.461. |
| 96 | Section 2. Section 166.0446, Florida Statutes, is created |
| 97 | to read: |
| 98 | 166.0446 Biofuel and renewable energy.--The construction |
| 99 | and operation of a biofuel processing facility or a facility for |
| 100 | the production or generation of renewable energy, as defined in |
| 101 | s. 366.91(2)(d), and the cultivation and production of |
| 102 | bioenergy, as defined in s. 570.957(1)(a), are each a valid |
| 103 | industrial, agricultural, or silvicultural use permitted within |
| 104 | such land use categories in a local comprehensive land use plan |
| 105 | and for purposes of any local zoning regulation. Local |
| 106 | comprehensive land use plans and local zoning regulations may |
| 107 | not require the owner or operator of a biofuel processing |
| 108 | facility or a renewable energy generating facility to obtain any |
| 109 | comprehensive plan amendment, special exemption, use permit, |
| 110 | waiver, or variance, or to pay any special fee in excess of |
| 111 | $1,000, to operate in an area zoned for industrial, |
| 112 | agricultural, or silvicultural use. The construction and |
| 113 | operation of a facility and related improvements on a portion of |
| 114 | a property pursuant to this section shall not affect the |
| 115 | remainder of the property's classification as agricultural |
| 116 | pursuant to s. 193.461. |
| 117 | Section 3. Paragraph (e) of subsection (3) of section |
| 118 | 193.461, Florida Statutes, is redesignated as paragraph (f), and |
| 119 | a new paragraph (e) is added to that subsection to read: |
| 120 | 193.461 Agricultural lands; classification and assessment; |
| 121 | mandated eradication or quarantine program.-- |
| 122 | (3) |
| 123 | (e) When property receiving an agricultural classification |
| 124 | contains a solar energy facility or biofuel processing facility |
| 125 | under the same ownership, the portion of the property consisting |
| 126 | of the solar energy facility or biofuel processing facility must |
| 127 | be assessed separately, pursuant to s. 193.011. The remaining |
| 128 | property may be classified under the provisions of paragraphs |
| 129 | (a) and (b). |
| 130 | Section 4. Subsection (1) of section 193.462, Florida |
| 131 | Statutes, is amended to read: |
| 132 | 193.462 Agricultural lands; annual application process; |
| 133 | extenuating circumstances; waivers.-- |
| 134 | (1) For purposes of granting an agricultural |
| 135 | classification for January 1, 2003, the term "extenuating |
| 136 | circumstances," as used in s. 193.461(3)(a), includes the |
| 137 | failure of a property owner in a county that waived the annual |
| 138 | application process to return the agricultural classification |
| 139 | form or card, which return was required by operation of s. |
| 140 | 193.461(3)(f)(e), as created by chapter 2002-18, Laws of |
| 141 | Florida. |
| 142 | Section 5. Effective upon this act becoming a law and |
| 143 | applying retroactively to July 1, 2008, paragraph (y) of |
| 144 | subsection (8) of section 213.053, Florida Statutes, is amended |
| 145 | to read: |
| 146 | 213.053 Confidentiality and information sharing.-- |
| 147 | (8) Notwithstanding any other provision of this section, |
| 148 | the department may provide: |
| 149 | (y) Information relative to ss. 212.08(7)(ccc) and 220.192 |
| 150 | to the Florida Energy and Climate Commission Department of |
| 151 | Environmental Protection for use in the conduct of its official |
| 152 | business. |
| 153 |
|
| 154 | Disclosure of information under this subsection shall be |
| 155 | pursuant to a written agreement between the executive director |
| 156 | and the agency. Such agencies, governmental or nongovernmental, |
| 157 | shall be bound by the same requirements of confidentiality as |
| 158 | the Department of Revenue. Breach of confidentiality is a |
| 159 | misdemeanor of the first degree, punishable as provided by s. |
| 160 | 775.082 or s. 775.083. |
| 161 | Section 6. Subsections (4) and (5) of section 220.192, |
| 162 | Florida Statutes, are amended to read: |
| 163 | 220.192 Renewable energy technologies investment tax |
| 164 | credit.-- |
| 165 | (4) TAXPAYER APPLICATION PROCESS.--To claim a credit under |
| 166 | this section, each taxpayer must apply to the Florida Energy and |
| 167 | Climate Commission Department of Environmental Protection for an |
| 168 | allocation of each type of annual credit by the date established |
| 169 | by the Florida Energy and Climate Commission Department of |
| 170 | Environmental Protection. The application form may be |
| 171 | established by the Florida Energy and Climate Commission |
| 172 | Department of Environmental Protection and shall include an |
| 173 | affidavit from each taxpayer certifying that all information |
| 174 | contained in the application, including all records of eligible |
| 175 | costs claimed as the basis for the tax credit, are true and |
| 176 | correct. Approval of the credits under this section shall be |
| 177 | accomplished on a first-come, first-served basis, based upon the |
| 178 | date complete applications are received by the Florida Energy |
| 179 | and Climate Commission Department of Environmental Protection. A |
| 180 | taxpayer shall submit only one complete application based upon |
| 181 | eligible costs incurred within a particular state fiscal year. |
| 182 | Incomplete placeholder applications will not be accepted and |
| 183 | will not secure a place in the first-come, first-served |
| 184 | application line. If a taxpayer does not receive a tax credit |
| 185 | allocation due to the exhaustion of the annual tax credit |
| 186 | authorizations, then such taxpayer may reapply in the following |
| 187 | year for those eligible costs and will have priority over other |
| 188 | applicants for the allocation of credits. |
| 189 | (5) ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF |
| 190 | CREDITS.-- |
| 191 | (a) In addition to its existing audit and investigation |
| 192 | authority, the Department of Revenue may perform any additional |
| 193 | financial and technical audits and investigations, including |
| 194 | examining the accounts, books, and records of the tax credit |
| 195 | applicant, that are necessary to verify the eligible costs |
| 196 | included in the tax credit return and to ensure compliance with |
| 197 | this section. The Florida Energy and Climate Commission |
| 198 | Department of Environmental Protection shall provide technical |
| 199 | assistance when requested by the Department of Revenue on any |
| 200 | technical audits or examinations performed pursuant to this |
| 201 | section. |
| 202 | (b) It is grounds for forfeiture of previously claimed and |
| 203 | received tax credits if the Department of Revenue determines, as |
| 204 | a result of either an audit or examination or from information |
| 205 | received from the Florida Energy and Climate Commission |
| 206 | Department of Environmental Protection, that a taxpayer received |
| 207 | tax credits pursuant to this section to which the taxpayer was |
| 208 | not entitled. The taxpayer is responsible for returning |
| 209 | forfeited tax credits to the Department of Revenue, and such |
| 210 | funds shall be paid into the General Revenue Fund of the state. |
| 211 | (c) The Florida Energy and Climate Commission Department |
| 212 | of Environmental Protection may revoke or modify any written |
| 213 | decision granting eligibility for tax credits under this section |
| 214 | if it is discovered that the tax credit applicant submitted any |
| 215 | false statement, representation, or certification in any |
| 216 | application, record, report, plan, or other document filed in an |
| 217 | attempt to receive tax credits under this section. The Florida |
| 218 | Energy and Climate Commission Department of Environmental |
| 219 | Protection shall immediately notify the Department of Revenue of |
| 220 | any revoked or modified orders affecting previously granted tax |
| 221 | credits. Additionally, the taxpayer must notify the Department |
| 222 | of Revenue of any change in its tax credit claimed. |
| 223 | (d) The taxpayer shall file with the Department of Revenue |
| 224 | an amended return or such other report as the Department of |
| 225 | Revenue prescribes by rule and shall pay any required tax and |
| 226 | interest within 60 days after the taxpayer receives notification |
| 227 | from the Florida Energy and Climate Commission Department of |
| 228 | Environmental Protection that previously approved tax credits |
| 229 | have been revoked or modified. If the revocation or modification |
| 230 | order is contested, the taxpayer shall file an amended return or |
| 231 | other report as provided in this paragraph within 60 days after |
| 232 | a final order is issued following proceedings. |
| 233 | (e) A notice of deficiency may be issued by the Department |
| 234 | of Revenue at any time within 3 years after the taxpayer |
| 235 | receives formal notification from the Florida Energy and Climate |
| 236 | Commission Department of Environmental Protection that |
| 237 | previously approved tax credits have been revoked or modified. |
| 238 | If a taxpayer fails to notify the Department of Revenue of any |
| 239 | changes to its tax credit claimed, a notice of deficiency may be |
| 240 | issued at any time. |
| 241 | Section 7. Paragraph (d) of subsection (2) of section |
| 242 | 366.91, Florida Statutes, is amended to read: |
| 243 | 366.91 Renewable energy.-- |
| 244 | (2) As used in this section, the term: |
| 245 | (d) "Renewable energy" means electrical energy produced |
| 246 | from a method that uses one or more of the following fuels or |
| 247 | energy sources: hydrogen produced from sources other than fossil |
| 248 | fuels, biodiesel, biomass, solar energy, geothermal energy, wind |
| 249 | energy, ocean energy, and hydroelectric power. The term includes |
| 250 | the alternative energy resource, waste heat, from sulfuric acid |
| 251 | manufacturing operations. |
| 252 | Section 8. Subsection (2) of section 366.92, Florida |
| 253 | Statutes, is amended to read: |
| 254 | 366.92 Florida renewable energy policy.-- |
| 255 | (2) As used in this section, the term: |
| 256 | (a) "Combined heat and power system" means a system that |
| 257 | simultaneously or sequentially generates electricity and thermal |
| 258 | energy from the same primary energy source. |
| 259 | (b)(a) "Florida renewable energy resources" means |
| 260 | renewable energy, as defined in s. 377.803, that is produced in |
| 261 | this state Florida. |
| 262 | (c)(b) "Provider" means a "utility" as defined in s. |
| 263 | 366.8255(1)(a). |
| 264 | (d)(c) "Renewable energy" means renewable energy as |
| 265 | defined in s. 366.91(2)(d). The term includes waste heat thermal |
| 266 | energy produced by a combined heat and power system placed into |
| 267 | service in this state after July 1, 2009, and used to produce |
| 268 | biofuel and any associated coproducts. |
| 269 | (e)(d) "Renewable energy credit" or "REC" means a product |
| 270 | that represents the unbundled, separable, renewable attribute of |
| 271 | renewable energy produced in this state Florida and is |
| 272 | equivalent to 1 megawatt-hour of electricity generated by a |
| 273 | source of renewable energy located in this state Florida. For |
| 274 | combined heat and power systems placed into service in this |
| 275 | state after July 1, 2009, one renewable energy credit shall be |
| 276 | produced for every 3.412 million Btu of waste heat thermal |
| 277 | energy used to produce biofuel and any associated coproducts. |
| 278 | (f)(e) "Renewable portfolio standard" or "RPS" means the |
| 279 | minimum percentage of total annual retail electricity sales by a |
| 280 | provider to consumers in this state Florida that shall be |
| 281 | supplied by renewable energy produced in this state Florida. |
| 282 | Section 9. Subsection (6) is added to section 373.236, |
| 283 | Florida Statutes, to read: |
| 284 | 373.236 Duration of permits; compliance reports.-- |
| 285 | (6) Permits approved for a renewable energy generating |
| 286 | facility or for the cultivation of agricultural products on |
| 287 | 1,000 acres or more for use in the production of renewable |
| 288 | energy as defined in s. 366.91(2)(d) shall be granted for a term |
| 289 | of at least 25 years and commensurate with the foreseeable life |
| 290 | of the renewable energy generating facility, including the |
| 291 | extension of the facility's life from viable repowering |
| 292 | projects. Such permits are subject to compliance reports under |
| 293 | subsection (4) and are exempt from the provisions of s. |
| 294 | 373.243(4). |
| 295 | Section 10. Subsection (14) of section 403.503, Florida |
| 296 | Statutes, is amended to read: |
| 297 | 403.503 Definitions relating to Florida Electrical Power |
| 298 | Plant Siting Act.--As used in this act: |
| 299 | (14) "Electrical power plant" means, for the purpose of |
| 300 | certification, any steam or solar electrical generating facility |
| 301 | using any process or fuel, including nuclear materials, except |
| 302 | that the this term does not include any steam or solar |
| 303 | electrical generating facility of less than 75 megawatts in |
| 304 | capacity unless the applicant for such a facility elects to |
| 305 | apply for certification under this act. The This term also |
| 306 | includes the site; all associated facilities that will be owned |
| 307 | by the applicant that are physically connected to the site; all |
| 308 | associated facilities that are indirectly connected to the site |
| 309 | by other proposed associated facilities that will be owned by |
| 310 | the applicant; and associated transmission lines that will be |
| 311 | owned by the applicant which connect the electrical power plant |
| 312 | to an existing transmission network or rights-of-way to which |
| 313 | the applicant intends to connect. At the applicant's option, the |
| 314 | this term may include any offsite associated facilities that |
| 315 | will not be owned by the applicant; offsite associated |
| 316 | facilities that are owned by the applicant but that are not |
| 317 | directly connected to the site; any proposed terminal or |
| 318 | intermediate substations or substation expansions connected to |
| 319 | the associated transmission line; or new transmission lines, |
| 320 | upgrades, or improvements of an existing transmission line on |
| 321 | any portion of the applicant's electrical transmission system |
| 322 | necessary to support the generation injected into the system |
| 323 | from the proposed electrical power plant. |
| 324 | Section 11. Paragraph (a) of subsection (3), subsections |
| 325 | (4), (7), and (11), paragraph (b) of subsection (13), paragraph |
| 326 | (b) of subsection (14), subsection (15), and paragraph (b) of |
| 327 | subsection (19) of section 403.973, Florida Statutes, are |
| 328 | amended, and paragraph (f) is added to subsection (3) of that |
| 329 | section, to read: |
| 330 | 403.973 Expedited permitting; comprehensive plan |
| 331 | amendments.-- |
| 332 | (3)(a) The Governor, through the office, shall direct the |
| 333 | creation of regional permit action teams, for the purpose of |
| 334 | expediting review of permit applications and local comprehensive |
| 335 | plan amendments submitted by: |
| 336 | 1. Businesses creating at least 100 jobs;, or |
| 337 | 2. Businesses creating at least 50 jobs if the project is |
| 338 | located in an enterprise zone, or in a county having a |
| 339 | population of less than 75,000 or in a county having a |
| 340 | population of less than 100,000 which is contiguous to a county |
| 341 | having a population of less than 75,000, as determined by the |
| 342 | most recent decennial census, residing in incorporated and |
| 343 | unincorporated areas of the county., or |
| 344 | (f) Projects for the cultivation of agricultural products |
| 345 | on 1,000 acres or more for use in the production of biofuels and |
| 346 | projects for the construction of a facility to process biofuel |
| 347 | or biodiesel or to generate renewable energy, as defined in s. |
| 348 | 366.91(2)(d), are eligible for expedited review. |
| 349 | (4) The regional teams shall be established through the |
| 350 | execution of memoranda of agreement developed by the applicant |
| 351 | and between the office with input solicited from and the |
| 352 | respective heads of the Department of Environmental Protection, |
| 353 | the Department of Community Affairs, the Department of |
| 354 | Transportation and its district offices, the Department of |
| 355 | Agriculture and Consumer Services, the Fish and Wildlife |
| 356 | Conservation Commission, appropriate regional planning councils, |
| 357 | appropriate water management districts, and voluntarily |
| 358 | participating municipalities and counties. The memoranda of |
| 359 | agreement must should also accommodate participation in the this |
| 360 | expedited process by other local governments and federal |
| 361 | agencies as circumstances warrant. |
| 362 | (7) At the option of the participating local government, |
| 363 | Appeals of a local government's its final approval for a project |
| 364 | must may be pursuant to the summary hearing provisions in of s. |
| 365 | 120.574, pursuant to subsection (14), and consolidated with the |
| 366 | challenge of applicable state agency actions, if any or pursuant |
| 367 | to other appellate processes available to the local government. |
| 368 | The local government's decision to enter into a summary hearing |
| 369 | must be made as provided in s. 120.574 or in the memorandum of |
| 370 | agreement. |
| 371 | (11) The standard form memorandum memoranda of agreement |
| 372 | must shall include guidelines to be used in working with state, |
| 373 | regional, and local permitting authorities. Guidelines may |
| 374 | include, but are not limited to, the following: |
| 375 | (a) A central contact point for filing permit applications |
| 376 | and local comprehensive plan amendments and for obtaining |
| 377 | information on permit and local comprehensive plan amendment |
| 378 | requirements; |
| 379 | (b) Identification of the individual or individuals within |
| 380 | each respective agency who will be responsible for processing |
| 381 | the expedited permit application or local comprehensive plan |
| 382 | amendment for the that agency; |
| 383 | (c) A mandatory preapplication review process to reduce |
| 384 | permitting conflicts by providing guidance to applicants |
| 385 | regarding the permits needed from each agency and governmental |
| 386 | entity, site planning and development, site suitability and |
| 387 | limitations, facility design, and steps the applicant can take |
| 388 | to ensure expeditious permit application and local comprehensive |
| 389 | plan amendment review. As a part of the this process, the first |
| 390 | interagency meeting to discuss a project shall be held within 14 |
| 391 | days after the office's determination that the project is |
| 392 | eligible for expedited review. Subsequent interagency meetings |
| 393 | may be scheduled to accommodate the needs of participating local |
| 394 | governments that are unable to meet public notice requirements |
| 395 | for executing a memorandum of agreement within the this |
| 396 | timeframe. Such This accommodation may not exceed 45 days from |
| 397 | the office's determination that the project is eligible for |
| 398 | expedited review; |
| 399 | (d) The preparation of a single coordinated project |
| 400 | description form and checklist and an agreement by state and |
| 401 | regional agencies to reduce the burden on an applicant to |
| 402 | provide duplicate information to multiple agencies; |
| 403 | (e) Establishment of A process for the adoption and review |
| 404 | of any comprehensive plan amendment needed by any certified |
| 405 | project within 90 days after the submission of an application |
| 406 | for a comprehensive plan amendment. However, the memorandum of |
| 407 | agreement may not prevent affected persons as defined in s. |
| 408 | 163.3184 from appealing or participating in the this expedited |
| 409 | plan amendment process and any review or appeals of decisions |
| 410 | made under this paragraph; and |
| 411 | (f) Additional incentives for an applicant who proposes a |
| 412 | project that provides a net ecosystem benefit. |
| 413 | (13) Notwithstanding any other provisions of law: |
| 414 | (b) Projects that are qualified under this section are not |
| 415 | subject to interstate highway level-of-service standards adopted |
| 416 | by the Department of Transportation for concurrency purposes. |
| 417 | The memorandum of agreement specified in subsection (5) must |
| 418 | include a process by which the applicant will be assessed a fair |
| 419 | share of the cost of mitigating the project's significant |
| 420 | traffic impacts, as defined in chapter 380 and related rules. |
| 421 | The agreement must also specify whether the significant traffic |
| 422 | impacts on the interstate system will be mitigated through the |
| 423 | implementation of a project or payment of funds to the |
| 424 | Department of Transportation. If Where funds are paid, the |
| 425 | Department of Transportation must include in the 5-year work |
| 426 | program transportation projects or project phases, in an amount |
| 427 | equal to the funds received, to mitigate the traffic impacts |
| 428 | associated with the proposed project. |
| 429 | (14) |
| 430 | (b) Challenges to state agency action in the expedited |
| 431 | permitting process for establishment of a state-of-the-art |
| 432 | biomedical research institution and campus in this state by the |
| 433 | grantee under s. 288.955 or a project identified in paragraph |
| 434 | (3)(f) are subject to the same requirements as challenges |
| 435 | brought under paragraph (a), except that, notwithstanding s. |
| 436 | 120.574, summary proceedings must be conducted within 30 days |
| 437 | after a party files the motion for summary hearing, regardless |
| 438 | of whether the parties agree to the summary proceeding. |
| 439 | (15) The office, working with the agencies that provide |
| 440 | input to participating in the memoranda of agreement, shall |
| 441 | review sites proposed for the location of facilities eligible |
| 442 | for the Innovation Incentive Program under s. 288.1089. Within |
| 443 | 20 days after the request for the review by the office, the |
| 444 | agencies shall provide to the office a statement as to each |
| 445 | site's necessary permits under local, state, and federal law and |
| 446 | an identification of significant permitting issues, which if |
| 447 | unresolved, may result in the denial of an agency permit or |
| 448 | approval or any significant delay caused by the permitting |
| 449 | process. |
| 450 | (19) The following projects are ineligible for review |
| 451 | under this part: |
| 452 | (b) A project, the primary purpose of which is to: |
| 453 | 1. Effect the final disposal of solid waste, biomedical |
| 454 | waste, or hazardous waste in this state. |
| 455 | 2. Produce electrical power, unless the production of |
| 456 | electricity is incidental and not the primary function of the |
| 457 | project or the electrical power is derived from a renewable |
| 458 | energy fuel source as defined in s. 366.91(2)(d). |
| 459 | 3. Extract natural resources. |
| 460 | 4. Produce oil. |
| 461 | 5. Construct, maintain, or operate an oil, petroleum, |
| 462 | natural gas, or sewage pipeline. |
| 463 | Section 12. Subsections (1) and (3) of section 525.09, |
| 464 | Florida Statutes, are amended to read: |
| 465 | 525.09 Inspection fee.-- |
| 466 | (1) For the purpose of defraying the expenses incident to |
| 467 | inspecting, testing, and analyzing petroleum fuels in this |
| 468 | state, there shall be paid to the department a charge of one- |
| 469 | eighth cent per gallon on all gasoline, alternative fuel |
| 470 | containing alcohol, as defined in s. 525.01(1)(c)1. or 2., |
| 471 | kerosene (except when used as aviation turbine fuel), and #1 |
| 472 | fuel oil for sale or use in this state. This inspection fee |
| 473 | shall be imposed in the same manner as the motor fuel tax |
| 474 | pursuant to s. 206.41. Payment shall be made on or before the |
| 475 | 25th day of each month. |
| 476 | (3) All remittances to the department for the inspection |
| 477 | tax herein provided shall be accompanied by a detailed report |
| 478 | under oath showing the number of gallons of gasoline, |
| 479 | alternative fuel containing alcohol, as defined in s. |
| 480 | 525.01(1)(c)1. or 2., kerosene, or fuel oil sold and delivered |
| 481 | in each county. |
| 482 | Section 13. Subsection (3) is added to section 553.792, |
| 483 | Florida Statutes, to read: |
| 484 | 553.792 Building permit application to local government.-- |
| 485 | (3) A local government may only require a single permit, |
| 486 | permit application, and permit fee for the installation of a |
| 487 | single engineered system that is covered by a single warranty. |
| 488 | The permit fee shall be based upon the time required to review |
| 489 | the application and issue the permit and the number of |
| 490 | inspections required. |
| 491 | Section 14. (1) The Florida Energy and Climate Commission |
| 492 | shall prepare a report that: |
| 493 | (a) Identifies methods of increasing energy-efficiency |
| 494 | practices among low-income households as defined in s. 420.9071, |
| 495 | Florida Statutes. The commission shall, at a minimum, identify |
| 496 | energy-efficiency programs currently offered to low-income |
| 497 | households by community action agencies, community-based |
| 498 | organizations, and utility companies in this state and similar |
| 499 | programs offered to low-income households in other states. |
| 500 | (b) Determines the statewide impact of improving the level |
| 501 | of energy efficiency of rental housing properties, including, |
| 502 | but not limited to, the environmental benefits of the |
| 503 | improvements and the potential fiscal impact on property |
| 504 | tenants, owners, and landlords and the economy. The commission |
| 505 | shall consider the relative equity and economic efficiency of |
| 506 | the cost share for such energy-efficiency improvements. |
| 507 | (c) Provides recommendations to effect more energy- |
| 508 | efficiency practices among low-income household residents. |
| 509 | (2) The commission shall submit the report to the |
| 510 | President of the Senate and the Speaker of the House of |
| 511 | Representatives by February 1, 2010. |
| 512 | Section 15. Except as otherwise expressly provided in this |
| 513 | act, this act shall take effect July 1, 2009. |