Florida Senate - 2011                      CS for CS for SB 1284
       By the Committees on Commerce and Tourism; and Agriculture; and
       Senator Bennett
       577-04367-11                                          20111284c2
    1                        A bill to be entitled                      
    2         An act relating to biodiesel; amending s. 206.01,
    3         F.S.; defining the term “renewable feedstocks”;
    4         amending s. 206.02, F.S.; exempting certain biodiesel
    5         manufacturers from bonding requirements; amending s.
    6         206.874, F.S.; exempting certain biodiesel
    7         manufacturers from specific taxes on diesel fuel;
    8         amending s. 206.9925, F.S.; redefining the term
    9         “pollutants” to exclude certain biodiesel; authorizing
   10         the Department of Revenue to adopt emergency rules to
   11         implement the provisions of the act; providing an
   12         effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Subsection (31) is added to section 206.01,
   17  Florida Statutes, to read:
   18         206.01 Definitions.—As used in this chapter:
   19         (31) “Renewable feedstocks” mean crops and animal products
   20  that may be used to produce fuel or energy.
   21         Section 2. Subsection (5) of section 206.02, Florida
   22  Statutes, is amended to read:
   23         206.02 Application for license; temporary license; terminal
   24  suppliers, importers, exporters, blenders, biodiesel
   25  manufacturers, and wholesalers.—
   26         (5) Each biodiesel manufacturer must meet the reporting,
   27  bonding, and licensing requirements prescribed for wholesalers
   28  by this chapter, except that biodiesel manufacturers are exempt
   29  from the bonding requirements of this chapter only for B100 and
   30  B99 biodiesel fuel that the biodiesel manufacturer makes from
   31  renewable feedstocks originating in this state.
   32         Section 3. Subsection (8) is added to section 206.874,
   33  Florida Statutes, to read:
   34         206.874 Exemptions.—
   35         (8)B100 and B99 biodiesel fuel, of which at least 50
   36  percent is made from renewable feedstocks originating in this
   37  state, is exempt from the taxes imposed by this part.
   38         Section 4. Subsection (5) of section 206.9925, Florida
   39  Statutes, is amended to read:
   40         206.9925 Definitions.—As used in this part:
   41         (5) “Pollutants” includes any petroleum product as defined
   42  in subsection (4) as well as pesticides, ammonia, and chlorine;
   43  lead-acid batteries, including, but not limited to, batteries
   44  that are a component part of other tangible personal property;
   45  and solvents as defined in subsection (6), but the term excludes
   46  liquefied petroleum gas, medicinal oils, and waxes. Products
   47  intended for application to the human body or for use in human
   48  personal hygiene or for human ingestion are not pollutants,
   49  regardless of their contents. B100 or B99 biodiesel manufactured
   50  in this state is not a pollutant if at least 50 percent of the
   51  manufacturer’s annual production of B100 or B99 is from
   52  renewable feedstocks originating in this state. For the purpose
   53  of the tax imposed under s. 206.9935(1), “pollutants” also
   54  includes crude oil.
   55         Section 5. The Department of Revenue is authorized, and all
   56  conditions are deemed met, to adopt emergency rules pursuant to
   57  ss. 120.536(1) and 120.54, Florida Statutes, to administer the
   58  provisions of this act. The emergency rules shall remain in
   59  effect for 6 months after the rules are adopted, and the rules
   60  may be renewed during the pendency of procedures to adopt
   61  permanent rules addressing the subject of the emergency rule.
   62         Section 6. This act shall take effect January 1, 2012.