Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1284
                                Barcode 440824                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/12/2011           .                                

       The Committee on Commerce and Tourism (Flores) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (31) is added to section 206.01,
    6  Florida Statutes, to read:
    7         206.01 Definitions.—As used in this chapter:
    8         (31) “Renewable feedstocks” mean crops and animal products
    9  that may be used to produce fuel or energy.
   10         Section 2. Subsection (5) of section 206.02, Florida
   11  Statutes, is amended to read:
   12         206.02 Application for license; temporary license; terminal
   13  suppliers, importers, exporters, blenders, biodiesel
   14  manufacturers, and wholesalers.—
   15         (5) Each biodiesel manufacturer must meet the reporting,
   16  bonding, and licensing requirements prescribed for wholesalers
   17  by this chapter, except that biodiesel manufacturers are exempt
   18  from the bonding requirements of this chapter only for B100 and
   19  B99 biodiesel fuel that the biodiesel manufacturer makes from
   20  renewable feedstocks originating in this state.
   21         Section 3. Subsection (8) of section 206.874, Florida
   22  Statutes, is added to read:
   23         206.874 Exemptions.—
   24         (8) B100 and B99 biodiesel fuel, of which at least 50
   25  percent is made from renewable feedstocks originating in this
   26  state, is exempt from the taxes imposed by this part.
   27         Section 4. Subsection (5) of section 206.9925, Florida
   28  Statutes, is amended to read:
   29         206.9925 Definitions.—As used in this part:
   30  (5) “Pollutants” includes any petroleum product as defined in
   31  subsection (4) as well as pesticides, ammonia, and chlorine;
   32  lead-acid batteries, including, but not limited to, batteries
   33  that are a component part of other tangible personal property;
   34  and solvents as defined in subsection (6), but the term excludes
   35  liquefied petroleum gas, medicinal oils, and waxes. Products
   36  intended for application to the human body or for use in human
   37  personal hygiene or for human ingestion are not pollutants,
   38  regardless of their contents. B100 or B99 biodiesel
   39  manufactured in this state is not a pollutant if at least 50
   40  percent of the manufacturer’s annual production of B100 or B99
   41  is from renewable feedstocks originating in this state. For the
   42  purpose of the tax imposed under s. 206.9935(1), “pollutants”
   43  also includes crude oil.
   44         Section 5. The Department of Revenue is authorized, and all
   45  conditions are deemed met, to adopt emergency rules pursuant to
   46  ss. 120.536(1) and 120.54, Florida Statutes, to administer the
   47  provisions of this act. The emergency rules shall remain in
   48  effect for 6 months after the rules are adopted, and the rules
   49  may be renewed during the pendency of procedures to adopt
   50  permanent rules addressing the subject of the emergency rule.
   51         Section 6. This act shall take effect January 1, 2012.
   54  ================= T I T L E  A M E N D M E N T ================
   55         And the title is amended as follows:
   56         Delete everything before the enacting clause
   57  and insert:
   58                        A bill to be entitled                      
   59         An act relating to biodiesel; amending s. 206.01, F.S.;
   60  defining the term “renewable feedstocks”; amending s. 206.02,
   61  F.S.; exempting certain biodiesel manufacturers from bonding
   62  requirements; amending s. 206.874, F.S.; exempting certain
   63  biodiesel manufacturers from specific taxes on diesel fuel;
   64  amending s. 206.9925, F.S.; redefining the term “pollutants” to
   65  exclude certain biodiesel; amending s. 526.202, F.S.;
   66  authorizing the Department of Revenue to adopt emergency rules
   67  to implement the provisions of this act; providing an effective
   68  date.