HB 7217

1	A bill to be entitled
2	An act relating to energy incentives and initiatives;
3	amending s. 377.601, F.S.; revising legislative intent
4	relating to the state's energy policy; creating s. 366.90,
5	F.S.; providing legislative intent relating to renewable
6	energy production of electricity; amending s. 366.92,
7	F.S.; deleting legislative intent provisions relating to
8	the state's renewable energy policy; deleting and revising
9	definitions; deleting provisions for the renewable
10	portfolio standard and renewable energy credits; providing
11	a mechanism for providers to recover costs to produce or
12	purchase renewable energy under certain conditions;
13	exempting renewable energy projects for which cost
14	recovery is provided under the mechanism from requirements
15	for a determination of need; requiring providers to
16	include specified information relating to renewable energy
17	development in reports to the Public Service Commission;
18	amending s. 403.503, F.S.; revising the definition of the
19	term "electrical power plant" for purposes of the Florida
20	Electrical Power Plant Siting Act; providing for a type
21	two transfer of the Florida Energy and Climate Commission
22	within the Executive Office of the Governor to the
23	Department of Agriculture and Consumer Services; providing
24	for a type two transfer of the low-income home energy
25	assistance program and the weatherization assistance
26	program within the Department of Community Affairs to the
27	Department of Agriculture and Consumer Services; amending
28	ss. 163.03, 212.05, 213.053, 220.192, 288.1089, 288.9607,
29	366.82, 377.6015, 377.602, 377.603, 377.604, 377.605,
30	377.606, 377.608, 377.701, 377.703, 377.801, 377.802,
31	377.803, 377.804, 377.807, 377.808, 377.809, 403.44,
32	409.508, 409.509, 570.954, and 1004.648, F.S.; conforming
33	provisions to changes made by the act; amending s. 212.08,
34	F.S.; removing an obsolete provision exempting renewable
35	energy technologies from the tax on equipment, machinery,
36	and other materials; amending s. 570.074, F.S.; providing
37	for the creation of the Office of Energy and Water within
38	the Department of Agriculture and Consumer Services;
39	repealing s. 366.85, F.S., relating to the consumer
40	conciliatory conference responsibilities of the Division
41	of Consumer Services of the Department of Agriculture and
42	Consumer Services; repealing s. 377.806, F.S., relating to
43	the Solar Energy System Incentives Program; repealing s.
44	526.207, F.S., relating to studies and reports on the
45	life-cycle greenhouse gas emissions associated with
46	renewable fuels; providing an effective date.
47
48	Be It Enacted by the Legislature of the State of Florida:
49
50	Section 1.  Section 377.601, Florida Statutes, is amended
51	to read:
52	377.601  Legislative intent.-
53	(1)  The purpose of the state's energy policy is to ensure
54	an affordable, adequate, and reliable supply of energy for the
55	state in a manner that promotes the health and welfare of the
56	public, promotes sustainable economic growth, and minimizes and
57	mitigates any adverse impacts. The Legislature intends that
58	governance of the state's energy policy be efficiently directed
59	toward achieving this purpose. The Legislature finds that the
60	state's energy security can be increased by lessening dependence
61	on foreign oil; that the impacts of global climate change can be
62	reduced through the reduction of greenhouse gas emissions; and
63	that the implementation of alternative energy technologies can
64	be a source of new jobs and employment opportunities for many
65	Floridians. The Legislature further finds that the state is
66	positioned at the front line against potential impacts of global
67	climate change. Human and economic costs of those impacts can be
68	averted by global actions and, where necessary, adapted to by a
69	concerted effort to make Florida's communities more resilient
70	and less vulnerable to these impacts. In focusing the
71	government's policy and efforts to benefit and protect our
72	state, its citizens, and its resources, the Legislature believes
73	that a single government entity with a specific focus on energy
74	and climate change is both desirable and advantageous. Further,
75	the Legislature finds that energy infrastructure provides the
76	foundation for secure and reliable access to the energy supplies
77	and services on which Florida depends. Therefore, there is
78	significant value to Florida consumers that comes from
79	investment in Florida's energy infrastructure that increases
80	system reliability, enhances energy independence and
81	diversification, stabilizes energy costs, and reduces greenhouse
82	gas emissions.
83	(2)  In furtherance of this purpose, the state's energy
84	policy shall be implemented through effective, efficient, and
85	reliable governance and shall be guided by the following goals
86	in order of their priority:
87	(a)  Ensuring an affordable energy supply.
88	(b)  Ensuring adequate energy supply and capacity.
89	(c)  Ensuring a secure and reliable energy supply.
90	(d)  Minimizing energy cost volatility.
91	(e)  Minimizing the negative impacts of energy production
92	on the state's environment, social fabric, and public health and
93	welfare.
94	(f)  Maximizing economic synergies for the state associated
95	with its energy policy.
96	(g)  Reducing the net export of energy expenditures.
97	(3)  It is further the policy of the state of Florida to:
98	(a)  Develop and promote the effective use of energy in the
99	state, discourage all forms of energy waste, and recognize and
100	address the potential of global climate change wherever
101	possible.
102	(b)  Play a leading role in developing and instituting
103	energy management programs aimed at promoting energy
104	conservation, energy security, and the reduction of greenhouse
105	gas emissions.
106	(c)  Include energy considerations in all state, regional,
107	and local planning.
108	(d)  Utilize and manage effectively energy resources used
109	within state agencies.
110	(e)  Encourage local governments to include energy
111	considerations in all planning and to support their work in
112	promoting energy management programs.
113	(f)  Include the full participation of citizens in the
114	development and implementation of energy programs.
115	(g)  Consider in its decisions the energy needs of each
116	economic sector, including residential, industrial, commercial,
117	agricultural, and governmental uses, and reduce those needs
118	whenever possible.
119	(h)  Promote energy education and the public dissemination
120	of information on energy and its environmental, economic, and
121	social impact.
122	(i)  Encourage the research, development, demonstration,
123	and application of alternative energy resources, particularly
124	renewable energy resources.
125	(j)  Consider, in its decisionmaking, the social, economic,
126	and environmental impacts of energy-related activities,
127	including the whole-life-cycle impacts of any potential energy
128	use choices, so that detrimental effects of these activities are
129	understood and minimized.
130	(k)  Develop and maintain energy emergency preparedness
131	plans to minimize the effects of an energy shortage within
132	Florida.
133	Section 2.  Section 366.90, Florida Statutes, is created to
134	read:
135	366.90  Renewable energy for electricity production.-In
136	furtherance of the energy policy goals established in s.
137	377.601, the Legislature finds that it is in the public interest
138	to promote the development of renewable energy resources in the
139	state, for purposes of electricity production, through the
140	mechanisms established in ss. 366.91 and 366.92. The Legislature
141	further finds that renewable energy resources have the potential
142	to help diversify fuel types to alleviate the state's growing
143	dependence on natural gas and other fossil fuels for the
144	production of electricity, minimize the volatility of fuel
145	costs, encourage investment within the state, improve
146	environmental conditions, and make the state a leader in new and
147	innovative technologies.
148	Section 3.  Section 366.92, Florida Statutes, is amended to
149	read:
150	366.92  Florida renewable energy policy.-
151	(1)  It is the intent of the Legislature to promote the
152	development of renewable energy; protect the economic viability
153	of Florida's existing renewable energy facilities; diversify the
154	types of fuel used to generate electricity in Florida; lessen
155	Florida's dependence on natural gas and fuel oil for the
156	production of electricity; minimize the volatility of fuel
157	costs; encourage investment within the state; improve
158	environmental conditions; and, at the same time, minimize the
159	costs of power supply to electric utilities and their customers.
160	(1)(2)  As used in this section, the term:
161	(a)  "Florida renewable energy resources" means renewable
162	energy, as defined in s. 377.803, that is produced in Florida.
163	(a)(b)  "Provider" means a "utility" as defined in s.
164	366.8255(1)(a).
165	(b)(c)  "Renewable energy" means renewable energy as
166	defined in s. 366.91(2)(d) that is produced in the state.
167	(d)  "Renewable energy credit" or "REC" means a product
168	that represents the unbundled, separable, renewable attribute of
169	renewable energy produced in Florida and is equivalent to 1
170	megawatt-hour of electricity generated by a source of renewable
171	energy located in Florida.
172	(e)  "Renewable portfolio standard" or "RPS" means the
173	minimum percentage of total annual retail electricity sales by a
174	provider to consumers in Florida that shall be supplied by
175	renewable energy produced in Florida.
176	(3)  The commission shall adopt rules for a renewable
177	portfolio standard requiring each provider to supply renewable
178	energy to its customers directly, by procuring, or through
179	renewable energy credits. In developing the RPS rule, the
180	commission shall consult the Department of Environmental
181	Protection and the Florida Energy and Climate Commission. The
182	rule shall not be implemented until ratified by the Legislature.
183	The commission shall present a draft rule for legislative
184	consideration by February 1, 2009.
185	(a)  In developing the rule, the commission shall evaluate
186	the current and forecasted levelized cost in cents per kilowatt
187	hour through 2020 and current and forecasted installed capacity
188	in kilowatts for each renewable energy generation method through
189	2020.
190	(b)  The commission's rule:
191	1.  Shall include methods of managing the cost of
192	compliance with the renewable portfolio standard, whether
193	through direct supply or procurement of renewable power or
194	through the purchase of renewable energy credits. The commission
195	shall have rulemaking authority for providing annual cost
196	recovery and incentive-based adjustments to authorized rates of
197	return on common equity to providers to incentivize renewable
198	energy. Notwithstanding s. 366.91(3) and (4), upon the
199	ratification of the rules developed pursuant to this subsection,
200	the commission may approve projects and power sales agreements
201	with renewable power producers and the sale of renewable energy
202	credits needed to comply with the renewable portfolio standard.
203	In the event of any conflict, this subparagraph shall supersede
204	s. 366.91(3) and (4). However, nothing in this section shall
205	alter the obligation of each public utility to continuously
206	offer a purchase contract to producers of renewable energy.
207	2.  Shall provide for appropriate compliance measures and
208	the conditions under which noncompliance shall be excused due to
209	a determination by the commission that the supply of renewable
210	energy or renewable energy credits was not adequate to satisfy
211	the demand for such energy or that the cost of securing
212	renewable energy or renewable energy credits was cost
213	prohibitive.
214	3.  May provide added weight to energy provided by wind and
215	solar photovoltaic over other forms of renewable energy, whether
216	directly supplied or procured or indirectly obtained through the
217	purchase of renewable energy credits.
218	4.  Shall determine an appropriate period of time for which
219	renewable energy credits may be used for purposes of compliance
220	with the renewable portfolio standard.
221	5.  Shall provide for monitoring of compliance with and
222	enforcement of the requirements of this section.
223	6.  Shall ensure that energy credited toward compliance
224	with the requirements of this section is not credited toward any
225	other purpose.
226	7.  Shall include procedures to track and account for
227	renewable energy credits, including ownership of renewable
228	energy credits that are derived from a customer-owned renewable
229	energy facility as a result of any action by a customer of an
230	electric power supplier that is independent of a program
231	sponsored by the electric power supplier.
232	8.  Shall provide for the conditions and options for the
233	repeal or alteration of the rule in the event that new
234	provisions of federal law supplant or conflict with the rule.
235	(c)  Beginning on April 1 of the year following final
236	adoption of the commission's renewable portfolio standard rule,
237	each provider shall submit a report to the commission describing
238	the steps that have been taken in the previous year and the
239	steps that will be taken in the future to add renewable energy
240	to the provider's energy supply portfolio. The report shall
241	state whether the provider was in compliance with the renewable
242	portfolio standard during the previous year and how it will
243	comply with the renewable portfolio standard in the upcoming
244	year.
245	(2)(4)  Subject to the provisions of this subsection In
246	order to demonstrate the feasibility and viability of clean
247	energy systems, the commission shall provide for full cost
248	recovery under the environmental cost-recovery clause of all
249	reasonable and prudent costs incurred by a provider to produce
250	or purchase for renewable energy for purposes of supplying
251	electrical energy to its retail customers projects that are zero
252	greenhouse gas emitting at the point of generation, up to a
253	total of 110 megawatts statewide, and for which the provider has
254	secured necessary land, zoning permits, and transmission rights
255	within the state. Such costs shall be deemed reasonable and
256	prudent for purposes of cost recovery so long as the provider
257	has used reasonable and customary industry practices in the
258	design, procurement, and construction of the project in a cost-
259	effective manner appropriate to the location of the facility.
260	The provider shall report to the commission as part of the cost-
261	recovery proceedings the construction costs, in-service costs,
262	operating and maintenance costs, hourly energy production of the
263	renewable energy project, and any other information deemed
264	relevant by the commission. Any provider constructing a clean
265	energy facility pursuant to this section shall file for cost
266	recovery no later than July 1, 2009.
267	(a)  A provider may petition the commission no later than
268	July 1, 2015, requesting recovery of costs over the useful life
269	of a project to produce renewable energy or over the term of a
270	contract to purchase renewable energy, or a combination of both,
271	subject to the cost cap in paragraph (c). The provider has sole
272	discretion to determine the type and technology of the renewable
273	energy resource that it intends to use. However, at least 20
274	percent of the total capacity for which a provider is permitted
275	to recover costs in any calendar year under this subsection must
276	be produced or purchased from renewable energy resources other
277	than solar energy. A provider must file with the commission, no
278	later than when the provider files a petition for cost recovery
279	under this subsection, a schedule of planned production and
280	purchases for the calendar year in which cost recovery is
281	requested. If any portion of the capacity required from nonsolar
282	renewable energy resources is committed but, for reasons found
283	by the commission to be beyond the control of the provider, is
284	not available during the calendar year for which cost recovery
285	is requested, the provider may continue to recover costs to
286	produce or purchase renewable energy from solar energy resources
287	if the provider continues in good faith to pursue the production
288	or purchase of renewable energy from nonsolar resources. The
289	provider has sole discretion to determine whether to construct
290	new renewable energy generating facilities, convert existing
291	fossil fuel generating facilities to renewable energy generating
292	facilities, or contract for the purchase of renewable energy
293	from third-party generating facilities in the state.
294	(b)  In addition to the full cost recovery for such
295	renewable energy projects, a return on equity of 50 basis points
296	above the provider's last authorized rate of return on equity
297	approved by the commission for energy projects shall be approved
298	and provided for a project to produce renewable energy if a
299	majority of the costs of the energy-producing components
300	incorporated into such projects are manufactured in the state.
301	(c)  For the production or purchase of renewable energy
302	under this subsection, a provider may annually recover costs up
303	to and in excess of its full avoided cost, as defined in s.
304	366.051 and approved by the commission, if the recovery of costs
305	in excess of the provider's full avoided cost does not exceed,
306	on an annual basis, 2 percent of the provider's total revenues
307	from the retail sale of electricity for calendar year 2010. For
308	purposes of cost recovery under this subsection, costs shall be
309	computed using a methodology that reflects the actual annual
310	revenue requirements contracted for payment for the purchase of
311	renewable capacity and energy from a nonutility renewable
312	generator or the revenue requirements using conventional
313	regulatory accounting for a utility-owned renewable generator.
314	(d)  Cost recovery under this subsection is limited to new
315	construction or conversion projects for which construction is
316	commenced on or after July 1, 2011, and to purchases made on or
317	after that date. All renewable energy projects for which costs
318	are approved by the commission for recovery through the
319	environmental cost recovery clause before July 1, 2011, are not
320	subject to or included in the calculation of the cost cap. At
321	least 5 percent of the total costs of solar generation for which
322	a provider is permitted recovery in any calendar year under this
323	subsection shall be dedicated to the provider's demand-side
324	renewable energy system incentive program approved by the
325	commission pursuant to s. 366.82.
326	(e)  The costs incurred by a provider to produce or
327	purchase renewable energy under this subsection are deemed to be
328	prudent for purposes of cost recovery if the provider
329	demonstrates to the commission that the project is the most
330	cost-effective alternative for the type of renewable energy
331	resource selected by the utility and that it has used reasonable
332	and customary industry practices in the design, procurement, and
333	construction of the project.
334	(f)  Subject to the cost cap in paragraph (c), the
335	commission shall allow a provider to recover the costs
336	associated with the production or purchase of renewable energy
337	under this subsection as follows:
338	1.  For new renewable energy generating facilities, the
339	commission shall allow recovery of reasonable and prudent costs,
340	including, but not limited to, the siting, licensing,
341	engineering, design, permitting, construction, operation, and
342	maintenance of such facilities, including any applicable taxes
343	and a return based on the provider's last authorized rate of
344	return.
345	2.  For conversion of existing fossil fuel generating
346	facilities to renewable energy generating facilities, the
347	commission shall allow recovery of reasonable and prudent
348	conversion costs, including the costs of retirement of the
349	fossil fuel plant that exceed any amounts accrued by the
350	provider for such purposes through rates previously set by the
351	commission.
352	3.  For purchase of renewable energy from third-party
353	generating facilities in the state, the commission shall allow
354	recovery of reasonable and prudent costs associated with the
355	purchase.
356	(g)  In a proceeding to recover costs incurred under this
357	subsection, a provider must provide the commission all cost
358	information, hourly energy production information, and other
359	information deemed relevant by the commission with respect to
360	each project.
361	(h)  When a provider purchases renewable energy under this
362	subsection at a cost in excess of its full avoided cost, the
363	seller must surrender to the provider all renewable attributes
364	of the renewable energy purchased.
365	(i)  Revenues derived from any renewable energy credit,
366	carbon credit, or other mechanism that attributes value to the
367	production of renewable energy, either existing or hereafter
368	devised, received by a provider by virtue of the production or
369	purchase of renewable energy for which cost recovery is approved
370	under this subsection shall be shared with the provider's
371	ratepayers such that the ratepayers are credited at least 75
372	percent of such revenues. However, the provider is not required
373	to share with its ratepayers any value derived from credits
374	received by the provider by virtue of the purchase of renewable
375	energy from a third-party generating facility in the state that
376	does not exceed 2 megawatts in capacity and that is not a
377	regulated utility or its unregulated affiliate.
378	(j)  Section 403.519 does not apply to a renewable energy
379	generating facility constructed or converted from an existing
380	fossil fuel generating facility under this subsection, and the
381	commission is not required to submit a report for such a project
382	under s. 403.507(4)(a).
383	(3)  Each provider shall, in its 10-year site plan
384	submitted to the commission pursuant to s. 186.801, provide the
385	following information:
386	(a)  The amount of renewable energy resources the provider
387	produces or purchases.
388	(b)  The amount of renewable energy resources the provider
389	plans to produce or purchase over the 10-year planning horizon
390	and the means by which such production or purchases will be
391	achieved.
392	(c)  A statement indicating how the production and purchase
393	of renewable energy resources impact the provider's present and
394	future capacity and energy needs.
395	(4)(5)  Each municipal electric utility and rural electric
396	cooperative shall develop standards for the promotion,
397	encouragement, and expansion of the use of renewable energy
398	resources and energy conservation and efficiency measures. On or
399	before April 1, 2009, and annually thereafter, each municipal
400	electric utility and electric cooperative shall submit to the
401	commission a report that identifies such standards.
402	(5)(6)  Nothing in This section and any action taken under
403	this section may not shall be construed to impede or impair the
404	terms and conditions of, or serve as a basis for renegotiating
405	or repricing, an existing contract contracts.
406	(6)(7)  The commission may adopt rules to administer and
407	implement the provisions of this section.
408	Section 4.  Subsection (14) of section 403.503, Florida
409	Statutes, is amended to read:
410	403.503  Definitions relating to Florida Electrical Power
411	Plant Siting Act.-As used in this act:
412	(14)  "Electrical power plant" means, for the purpose of
413	certification, any steam or solar electrical generating facility
414	using any process or fuel, including nuclear materials, except
415	that this term does not include any steam or solar electrical
416	generating facility of less than 75 megawatts in capacity or any
417	solar electrical generating facility of any sized capacity
418	unless the applicant for such a facility elects to apply for
419	certification under this act. This term also includes the site;
420	all associated facilities that will be owned by the applicant
421	that are physically connected to the site; all associated
422	facilities that are indirectly connected to the site by other
423	proposed associated facilities that will be owned by the
424	applicant; and associated transmission lines that will be owned
425	by the applicant which connect the electrical power plant to an
426	existing transmission network or rights-of-way to which the
427	applicant intends to connect. At the applicant's option, this
428	term may include any offsite associated facilities that will not
429	be owned by the applicant; offsite associated facilities that
430	are owned by the applicant but that are not directly connected
431	to the site; any proposed terminal or intermediate substations
432	or substation expansions connected to the associated
433	transmission line; or new transmission lines, upgrades, or
434	improvements of an existing transmission line on any portion of
435	the applicant's electrical transmission system necessary to
436	support the generation injected into the system from the
437	proposed electrical power plant.
438	Section 5.  The powers, duties, functions, records,
439	personnel, property, pending issues and existing contracts,
440	administrative authority, administrative rules, and unexpended
441	balances of appropriations, allocations, and other funds of the
442	Florida Energy and Climate Commission within the Executive
443	Office of the Governor are transferred by a type two transfer,
444	as defined in s. 20.06(2), Florida Statutes, to the Department
445	of Agriculture and Consumer Services.
446	Section 6.  The powers, duties, functions, records,
447	personnel, property, pending issues and existing contracts,
448	administrative authority, administrative rules, and unexpended
449	balances of appropriations, allocations, and other funds of the
450	low-income home energy assistance program, authorized under s.
451	409.508, Florida Statutes, and the weatherization assistance
452	program, authorized under ss. 409.509-409.5093, Florida
453	Statutes, within the Department of Community Affairs, are
454	transferred by a type two transfer, pursuant to s. 20.06(2),
455	Florida Statutes, to the Department of Agriculture and Consumer
456	Services.
457	Section 7.  Paragraph (e) of subsection (3) of section
458	163.03, Florida Statutes, is amended to read:
459	163.03  Secretary of Community Affairs; powers and duties;
460	function of Department of Community Affairs with respect to
461	federal grant-in-aid programs.-
462	(3)  The department is authorized to adopt rules
463	implementing the following grant programs, which rules shall be
464	consistent with the laws, regulations, or guidelines governing
465	the grant to the department:
466	(e)  Federal weatherization grant programs.
467	Section 8.  Paragraph (a) of subsection (1) of section
468	212.05, Florida Statutes, is amended to read:
469	212.05  Sales, storage, use tax.-It is hereby declared to
470	be the legislative intent that every person is exercising a
471	taxable privilege who engages in the business of selling
472	tangible personal property at retail in this state, including
473	the business of making mail order sales, or who rents or
474	furnishes any of the things or services taxable under this
475	chapter, or who stores for use or consumption in this state any
476	item or article of tangible personal property as defined herein
477	and who leases or rents such property within the state.
478	(1)  For the exercise of such privilege, a tax is levied on
479	each taxable transaction or incident, which tax is due and
480	payable as follows:
481	(a)1.a.  At the rate of 6 percent of the sales price of
482	each item or article of tangible personal property when sold at
483	retail in this state, computed on each taxable sale for the
484	purpose of remitting the amount of tax due the state, and
485	including each and every retail sale.
486	b.  Each occasional or isolated sale of an aircraft, boat,
487	mobile home, or motor vehicle of a class or type which is
488	required to be registered, licensed, titled, or documented in
489	this state or by the United States Government shall be subject
490	to tax at the rate provided in this paragraph. The department
491	shall by rule adopt any nationally recognized publication for
492	valuation of used motor vehicles as the reference price list for
493	any used motor vehicle which is required to be licensed pursuant
494	to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any
495	party to an occasional or isolated sale of such a vehicle
496	reports to the tax collector a sales price which is less than 80
497	percent of the average loan price for the specified model and
498	year of such vehicle as listed in the most recent reference
499	price list, the tax levied under this paragraph shall be
500	computed by the department on such average loan price unless the
501	parties to the sale have provided to the tax collector an
502	affidavit signed by each party, or other substantial proof,
503	stating the actual sales price. Any party to such sale who
504	reports a sales price less than the actual sales price is guilty
505	of a misdemeanor of the first degree, punishable as provided in
506	s. 775.082 or s. 775.083. The department shall collect or
507	attempt to collect from such party any delinquent sales taxes.
508	In addition, such party shall pay any tax due and any penalty
509	and interest assessed plus a penalty equal to twice the amount
510	of the additional tax owed. Notwithstanding any other provision
511	of law, the Department of Revenue may waive or compromise any
512	penalty imposed pursuant to this subparagraph.
513	2.  This paragraph does not apply to the sale of a boat or
514	aircraft by or through a registered dealer under this chapter to
515	a purchaser who, at the time of taking delivery, is a
516	nonresident of this state, does not make his or her permanent
517	place of abode in this state, and is not engaged in carrying on
518	in this state any employment, trade, business, or profession in
519	which the boat or aircraft will be used in this state, or is a
520	corporation none of the officers or directors of which is a
521	resident of, or makes his or her permanent place of abode in,
522	this state, or is a noncorporate entity that has no individual
523	vested with authority to participate in the management,
524	direction, or control of the entity's affairs who is a resident
525	of, or makes his or her permanent abode in, this state. For
526	purposes of this exemption, either a registered dealer acting on
527	his or her own behalf as seller, a registered dealer acting as
528	broker on behalf of a seller, or a registered dealer acting as
529	broker on behalf of the purchaser may be deemed to be the
530	selling dealer. This exemption shall not be allowed unless:
531	a.  The purchaser removes a qualifying boat, as described
532	in sub-subparagraph f., from the state within 90 days after the
533	date of purchase or extension, or the purchaser removes a
534	nonqualifying boat or an aircraft from this state within 10 days
535	after the date of purchase or, when the boat or aircraft is
536	repaired or altered, within 20 days after completion of the
537	repairs or alterations;
538	b.  The purchaser, within 30 days from the date of
539	departure, shall provide the department with written proof that
540	the purchaser licensed, registered, titled, or documented the
541	boat or aircraft outside the state. If such written proof is
542	unavailable, within 30 days the purchaser shall provide proof
543	that the purchaser applied for such license, title,
544	registration, or documentation. The purchaser shall forward to
545	the department proof of title, license, registration, or
546	documentation upon receipt;
547	c.  The purchaser, within 10 days of removing the boat or
548	aircraft from Florida, shall furnish the department with proof
549	of removal in the form of receipts for fuel, dockage, slippage,
550	tie-down, or hangaring from outside of Florida. The information
551	so provided must clearly and specifically identify the boat or
552	aircraft;
553	d.  The selling dealer, within 5 days of the date of sale,
554	shall provide to the department a copy of the sales invoice,
555	closing statement, bills of sale, and the original affidavit
556	signed by the purchaser attesting that he or she has read the
557	provisions of this section;
558	e.  The seller makes a copy of the affidavit a part of his
559	or her record for as long as required by s. 213.35; and
560	f.  Unless the nonresident purchaser of a boat of 5 net
561	tons of admeasurement or larger intends to remove the boat from
562	this state within 10 days after the date of purchase or when the
563	boat is repaired or altered, within 20 days after completion of
564	the repairs or alterations, the nonresident purchaser shall
565	apply to the selling dealer for a decal which authorizes 90 days
566	after the date of purchase for removal of the boat. The
567	nonresident purchaser of a qualifying boat may apply to the
568	selling dealer within 60 days after the date of purchase for an
569	extension decal that authorizes the boat to remain in this state
570	for an additional 90 days, but not more than a total of 180
571	days, before the nonresident purchaser is required to pay the
572	tax imposed by this chapter. The department is authorized to
573	issue decals in advance to dealers. The number of decals issued
574	in advance to a dealer shall be consistent with the volume of
575	the dealer's past sales of boats which qualify under this sub-
576	subparagraph. The selling dealer or his or her agent shall mark
577	and affix the decals to qualifying boats in the manner
578	prescribed by the department, prior to delivery of the boat.
579	(I)  The department is hereby authorized to charge dealers
580	a fee sufficient to recover the costs of decals issued, except
581	the extension decal shall cost $425.
582	(II)  The proceeds from the sale of decals will be
583	deposited into the administrative trust fund.
584	(III)  Decals shall display information to identify the
585	boat as a qualifying boat under this sub-subparagraph,
586	including, but not limited to, the decal's date of expiration.
587	(IV)  The department is authorized to require dealers who
588	purchase decals to file reports with the department and may
589	prescribe all necessary records by rule. All such records are
590	subject to inspection by the department.
591	(V)  Any dealer or his or her agent who issues a decal
592	falsely, fails to affix a decal, mismarks the expiration date of
593	a decal, or fails to properly account for decals will be
594	considered prima facie to have committed a fraudulent act to
595	evade the tax and will be liable for payment of the tax plus a
596	mandatory penalty of 200 percent of the tax, and shall be liable
597	for fine and punishment as provided by law for a conviction of a
598	misdemeanor of the first degree, as provided in s. 775.082 or s.
599	775.083.
600	(VI)  Any nonresident purchaser of a boat who removes a
601	decal prior to permanently removing the boat from the state, or
602	defaces, changes, modifies, or alters a decal in a manner
603	affecting its expiration date prior to its expiration, or who
604	causes or allows the same to be done by another, will be
605	considered prima facie to have committed a fraudulent act to
606	evade the tax and will be liable for payment of the tax plus a
607	mandatory penalty of 200 percent of the tax, and shall be liable
608	for fine and punishment as provided by law for a conviction of a
609	misdemeanor of the first degree, as provided in s. 775.082 or s.
610	775.083.
611	(VII)  The department is authorized to adopt rules
612	necessary to administer and enforce this subparagraph and to
613	publish the necessary forms and instructions.
614	(VIII)  The department is hereby authorized to adopt
615	emergency rules pursuant to s. 120.54(4) to administer and
616	enforce the provisions of this subparagraph.
617
618	If the purchaser fails to remove the qualifying boat from this
619	state within the maximum 180 days after purchase or a
620	nonqualifying boat or an aircraft from this state within 10 days
621	after purchase or, when the boat or aircraft is repaired or
622	altered, within 20 days after completion of such repairs or
623	alterations, or permits the boat or aircraft to return to this
624	state within 6 months from the date of departure, except as
625	provided in s. 212.08(7)(fff)(ggg), or if the purchaser fails to
626	furnish the department with any of the documentation required by
627	this subparagraph within the prescribed time period, the
628	purchaser shall be liable for use tax on the cost price of the
629	boat or aircraft and, in addition thereto, payment of a penalty
630	to the Department of Revenue equal to the tax payable. This
631	penalty shall be in lieu of the penalty imposed by s. 212.12(2).
632	The maximum 180-day period following the sale of a qualifying
633	boat tax-exempt to a nonresident may not be tolled for any
634	reason.
635	Section 9.  Paragraph (y) of subsection (8) of section
636	213.053, Florida Statutes, is amended to read:
637	213.053  Confidentiality and information sharing.-
638	(8)  Notwithstanding any other provision of this section,
639	the department may provide:
640	(y)  Information relative to s. ss. 212.08(7)(ccc) and
641	220.192 to the Department of Agriculture and Consumer Services
642	Florida Energy and Climate Commission for use in the conduct of
643	its official business.
644
645	Disclosure of information under this subsection shall be
646	pursuant to a written agreement between the executive director
647	and the agency. Such agencies, governmental or nongovernmental,
648	shall be bound by the same requirements of confidentiality as
649	the Department of Revenue. Breach of confidentiality is a
650	misdemeanor of the first degree, punishable as provided by s.
651	775.082 or s. 775.083.
652	Section 10.  Section 220.192, Florida Statutes, is amended
653	to read:
654	220.192  Renewable energy technologies investment tax
655	credit.-
656	(1)  DEFINITIONS.-For purposes of this section, the term:
657	(a)  "Biodiesel" means the mono-alkyl esters of long-chain
658	fatty acids derived from plant or animal matter for use as a
659	source of energy and meeting the specifications for biodiesel
660	and biodiesel blends with petroleum products as adopted by the
661	Department of Agriculture and Consumer Services. Biodiesel may
662	refer to biodiesel blends designated BXX, where XX represents
663	the volume percentage of biodiesel fuel in the blend biodiesel
664	as defined in s. 212.08(7)(ccc).
665	(b)  "Corporation" includes a general partnership, limited
666	partnership, limited liability company, unincorporated business,
667	or other business entity, including entities taxed as
668	partnerships for federal income tax purposes.
669	(c)  "Eligible costs" means:
670	1.  Seventy-five percent of all capital costs, operation
671	and maintenance costs, and research and development costs
672	incurred between July 1, 2006, and June 30, 2010, up to a limit
673	of $3 million per state fiscal year for all taxpayers, in
674	connection with an investment in hydrogen-powered vehicles and
675	hydrogen vehicle fueling stations in the state, including, but
676	not limited to, the costs of constructing, installing, and
677	equipping such technologies in the state.
678	2.  Seventy-five percent of all capital costs, operation
679	and maintenance costs, and research and development costs
680	incurred between July 1, 2006, and June 30, 2010, up to a limit
681	of $1.5 million per state fiscal year for all taxpayers, and
682	limited to a maximum of $12,000 per fuel cell, in connection
683	with an investment in commercial stationary hydrogen fuel cells
684	in the state, including, but not limited to, the costs of
685	constructing, installing, and equipping such technologies in the
686	state.
687	3.  Seventy-five percent of all capital costs, operation
688	and maintenance costs, and research and development costs
689	incurred between July 1, 2006, and June 30, 2010, up to a limit
690	of $6.5 million per state fiscal year for all taxpayers, in
691	connection with an investment in the production, storage, and
692	distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
693	the state, including the costs of constructing, installing, and
694	equipping such technologies in the state. Gasoline fueling
695	station pump retrofits for ethanol (E10-E100) distribution
696	qualify as an eligible cost under this subparagraph.
697	(d)  "Ethanol" means an anhydrous denatured alcohol
698	produced by the conversion of carbohydrates meeting the
699	specifications for fuel ethanol and fuel ethanol blends with
700	petroleum products as adopted by the Department of Agriculture
701	and Consumer Services. Ethanol may refer to fuel ethanol blends
702	designated EXX, where XX represents the volume percentage of
703	fuel ethanol in the blend ethanol as defined in s.
704	212.08(7)(ccc).
705	(e)  "Hydrogen fuel cell" means equipment using hydrogen or
706	a hydrogen-rich fuel in an electrochemical process to generate
707	energy, electricity, or the transfer of heat hydrogen fuel cell
708	as defined in s. 212.08(7)(ccc).
709	(f)  "Taxpayer" includes a corporation as defined in
710	paragraph (b) or s. 220.03.
711	(2)  TAX CREDIT.-For tax years beginning on or after
712	January 1, 2007, a credit against the tax imposed by this
713	chapter shall be granted in an amount equal to the eligible
714	costs. Credits may be used in tax years beginning January 1,
715	2007, and ending December 31, 2010, after which the credit shall
716	expire. If the credit is not fully used in any one tax year
717	because of insufficient tax liability on the part of the
718	corporation, the unused amount may be carried forward and used
719	in tax years beginning January 1, 2007, and ending December 31,
720	2012, after which the credit carryover expires and may not be
721	used. A taxpayer that files a consolidated return in this state
722	as a member of an affiliated group under s. 220.131(1) may be
723	allowed the credit on a consolidated return basis up to the
724	amount of tax imposed upon the consolidated group. Any eligible
725	cost for which a credit is claimed and which is deducted or
726	otherwise reduces federal taxable income shall be added back in
727	computing adjusted federal income under s. 220.13.
728	(3)  CORPORATE APPLICATION PROCESS.-Any corporation wishing
729	to obtain tax credits available under this section must submit
730	to the Department of Agriculture and Consumer Services Florida
731	Energy and Climate Commission an application for tax credit that
732	includes a complete description of all eligible costs for which
733	the corporation is seeking a credit and a description of the
734	total amount of credits sought. The Department of Agriculture
735	and Consumer Services Florida Energy and Climate Commission
736	shall make a determination on the eligibility of the applicant
737	for the credits sought and certify the determination to the
738	applicant and the Department of Revenue. The corporation must
739	attach the Department of Agriculture and Consumer Services'
740	Florida Energy and Climate Commission's certification to the tax
741	return on which the credit is claimed. The Department of
742	Agriculture and Consumer Services Florida Energy and Climate
743	Commission shall be responsible for ensuring that the corporate
744	income tax credits granted in each fiscal year do not exceed the
745	limits provided for in this section. The Department of
746	Agriculture and Consumer Services Florida Energy and Climate
747	Commission is authorized to adopt the necessary rules,
748	guidelines, and application materials for the application
749	process.
750	(4)  TAXPAYER APPLICATION PROCESS.-To claim a credit under
751	this section, each taxpayer must apply to the Department of
752	Agriculture and Consumer Services Florida Energy and Climate
753	Commission for an allocation of each type of annual credit by
754	the date established by the Department of Agriculture and
755	Consumer Services Florida Energy and Climate Commission. The
756	application form may be established by the Department of
757	Agriculture and Consumer Services Florida Energy and Climate
758	Commission. The form must include an affidavit from each
759	taxpayer certifying that all information contained in the
760	application, including all records of eligible costs claimed as
761	the basis for the tax credit, are true and correct. Approval of
762	the credits under this section shall be accomplished on a first-
763	come, first-served basis, based upon the date complete
764	applications are received by the Department of Agriculture and
765	Consumer Services Florida Energy and Climate Commission. A
766	taxpayer shall submit only one complete application based upon
767	eligible costs incurred within a particular state fiscal year.
768	Incomplete placeholder applications will not be accepted and
769	will not secure a place in the first-come, first-served
770	application line. If a taxpayer does not receive a tax credit
771	allocation due to the exhaustion of the annual tax credit
772	authorizations, then such taxpayer may reapply in the following
773	year for those eligible costs and will have priority over other
774	applicants for the allocation of credits.
775	(5)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF
776	CREDITS.-
777	(a)  In addition to its existing audit and investigation
778	authority, the Department of Revenue may perform any additional
779	financial and technical audits and investigations, including
780	examining the accounts, books, and records of the tax credit
781	applicant, which are necessary to verify the eligible costs
782	included in the tax credit return and to ensure compliance with
783	this section. The Department of Agriculture and Consumer
784	Services Florida Energy and Climate Commission shall provide
785	technical assistance when requested by the Department of Revenue
786	on any technical audits or examinations performed pursuant to
787	this section.
788	(b)  It is grounds for forfeiture of previously claimed and
789	received tax credits if the Department of Revenue determines, as
790	a result of an audit or examination or from information received
791	from the Department of Agriculture and Consumer Services Florida
792	Energy and Climate Commission, that a taxpayer received tax
793	credits pursuant to this section to which the taxpayer was not
794	entitled. The taxpayer is responsible for returning forfeited
795	tax credits to the Department of Revenue, and such funds shall
796	be paid into the General Revenue Fund of the state.
797	(c)  The Department of Agriculture and Consumer Services
798	Florida Energy and Climate Commission may revoke or modify any
799	written decision granting eligibility for tax credits under this
800	section if it is discovered that the tax credit applicant
801	submitted any false statement, representation, or certification
802	in any application, record, report, plan, or other document
803	filed in an attempt to receive tax credits under this section.
804	The Department of Agriculture and Consumer Services Florida
805	Energy and Climate Commission shall immediately notify the
806	Department of Revenue of any revoked or modified orders
807	affecting previously granted tax credits. Additionally, the
808	taxpayer must notify the Department of Revenue of any change in
809	its tax credit claimed.
810	(d)  The taxpayer shall file with the Department of Revenue
811	an amended return or such other report as the Department of
812	Revenue prescribes by rule and shall pay any required tax and
813	interest within 60 days after the taxpayer receives notification
814	from the Department of Agriculture and Consumer Services Florida
815	Energy and Climate Commission that previously approved tax
816	credits have been revoked or modified. If the revocation or
817	modification order is contested, the taxpayer shall file an
818	amended return or other report as provided in this paragraph
819	within 60 days after a final order is issued after proceedings.
820	(e)  A notice of deficiency may be issued by the Department
821	of Revenue at any time within 3 years after the taxpayer
822	receives formal notification from the Department of Agriculture
823	and Consumer Services Florida Energy and Climate Commission that
824	previously approved tax credits have been revoked or modified.
825	If a taxpayer fails to notify the Department of Revenue of any
826	changes to its tax credit claimed, a notice of deficiency may be
827	issued at any time.
828	(6)  TRANSFERABILITY OF CREDIT.-
829	(a)  For tax years beginning on or after January 1, 2009,
830	any corporation or subsequent transferee allowed a tax credit
831	under this section may transfer the credit, in whole or in part,
832	to any taxpayer by written agreement without transferring any
833	ownership interest in the property generating the credit or any
834	interest in the entity owning such property. The transferee is
835	entitled to apply the credits against the tax with the same
836	effect as if the transferee had incurred the eligible costs.
837	(b)  To perfect the transfer, the transferor shall provide
838	the Department of Revenue with a written transfer statement
839	notifying the Department of Revenue of the transferor's intent
840	to transfer the tax credits to the transferee; the date the
841	transfer is effective; the transferee's name, address, and
842	federal taxpayer identification number; the tax period; and the
843	amount of tax credits to be transferred. The Department of
844	Revenue shall, upon receipt of a transfer statement conforming
845	to the requirements of this section, provide the transferee with
846	a certificate reflecting the tax credit amounts transferred. A
847	copy of the certificate must be attached to each tax return for
848	which the transferee seeks to apply such tax credits.
849	(c)  A tax credit authorized under this section that is
850	held by a corporation and not transferred under this subsection
851	shall be passed through to the taxpayers designated as partners,
852	members, or owners, respectively, in the manner agreed to by
853	such persons regardless of whether such partners, members, or
854	owners are allocated or allowed any portion of the federal
855	energy tax credit for the eligible costs. A corporation that
856	passes the credit through to a partner, member, or owner must
857	comply with the notification requirements described in paragraph
858	(b). The partner, member, or owner must attach a copy of the
859	certificate to each tax return on which the partner, member, or
860	owner claims any portion of the credit.
861	(7)  RULES.-The Department of Revenue shall have the
862	authority to adopt rules pursuant to ss. 120.536(1) and 120.54
863	to administer this section, including rules relating to:
864	(a)  The forms required to claim a tax credit under this
865	section, the requirements and basis for establishing an
866	entitlement to a credit, and the examination and audit
867	procedures required to administer this section.
868	(b)  The implementation and administration of the
869	provisions allowing a transfer of a tax credit, including rules
870	prescribing forms, reporting requirements, and specific
871	procedures, guidelines, and requirements necessary to transfer a
872	tax credit.
873	(8)  PUBLICATION.-The Department of Agriculture and
874	Consumer Services Florida Energy and Climate Commission shall
875	determine and publish on a regular basis the amount of available
876	tax credits remaining in each fiscal year.
877	Section 11.  Paragraphs (d) and (e) of subsection (2) and
878	subsection (5) of section 288.1089, Florida Statutes, are
879	amended to read:
880	288.1089  Innovation Incentive Program.-
881	(2)  As used in this section, the term:
882	(d)(e)  "Cumulative investment" means cumulative capital
883	investment and all eligible capital costs, as defined in s.
884	220.191.
885	(e)(d)  "Department" "Commission" means the Department of
886	Agriculture and Consumer Services Florida Energy and Climate
887	Commission.
888	(5)  Enterprise Florida, Inc., shall evaluate proposals for
889	all three categories of innovation incentive awards and transmit
890	recommendations for awards to the office. Before making its
891	recommendations on alternative and renewable energy projects,
892	Enterprise Florida, Inc., shall solicit comments and
893	recommendations from the department Florida Energy and Climate
894	Commission. For each project, the evaluation and recommendation
895	to the office must include, but need not be limited to:
896	(a)  A description of the project, its required facilities,
897	and the associated product, service, or research and development
898	associated with the project.
899	(b)  The percentage of match provided for the project.
900	(c)  The number of full-time equivalent jobs that will be
901	created by the project, the total estimated average annual wages
902	of such jobs, and the types of business activities and jobs
903	likely to be stimulated by the project.
904	(d)  The cumulative investment to be dedicated to the
905	project within 5 years and the total investment expected in the
906	project if more than 5 years.
907	(e)  The projected economic and fiscal impacts on the local
908	and state economies relative to investment.
909	(f)  A statement of any special impacts the project is
910	expected to stimulate in a particular business sector in the
911	state or regional economy or in the state's universities and
912	community colleges.
913	(g)  A statement of any anticipated or proposed
914	relationships with state universities.
915	(h)  A statement of the role the incentive is expected to
916	play in the decision of the applicant to locate or expand in
917	this state.
918	(i)  A recommendation and explanation of the amount of the
919	award needed to cause the applicant to expand or locate in this
920	state.
921	(j)  A discussion of the efforts and commitments made by
922	the local community in which the project is to be located to
923	induce the applicant's location or expansion, taking into
924	consideration local resources and abilities.
925	(k)  A recommendation for specific performance criteria the
926	applicant would be expected to achieve in order to receive
927	payments from the fund and penalties or sanctions for failure to
928	meet or maintain performance conditions.
929	(l)  Additional evaluative criteria for a research and
930	development facility project, including:
931	1.  A description of the extent to which the project has
932	the potential to serve as catalyst for an emerging or evolving
933	cluster.
934	2.  A description of the extent to which the project has or
935	could have a long-term collaborative research and development
936	relationship with one or more universities or community colleges
937	in this state.
938	3.  A description of the existing or projected impact of
939	the project on established clusters or targeted industry
940	sectors.
941	4.  A description of the project's contribution to the
942	diversity and resiliency of the innovation economy of this
943	state.
944	5.  A description of the project's impact on special needs
945	communities, including, but not limited to, rural areas,
946	distressed urban areas, and enterprise zones.
947	(m)  Additional evaluative criteria for alternative and
948	renewable energy proposals, including:
949	1.  The availability of matching funds or other in-kind
950	contributions applied to the total project from an applicant.
951	The department commission shall give greater preference to
952	projects that provide such matching funds or other in-kind
953	contributions.
954	2.  The degree to which the project stimulates in-state
955	capital investment and economic development in metropolitan and
956	rural areas, including the creation of jobs and the future
957	development of a commercial market for renewable energy
958	technologies.
959	3.  The extent to which the proposed project has been
960	demonstrated to be technically feasible based on pilot project
961	demonstrations, laboratory testing, scientific modeling, or
962	engineering or chemical theory that supports the proposal.
963	4.  The degree to which the project incorporates an
964	innovative new technology or an innovative application of an
965	existing technology.
966	5.  The degree to which a project generates thermal,
967	mechanical, or electrical energy by means of a renewable energy
968	resource that has substantial long-term production potential.
969	6.  The degree to which a project demonstrates efficient
970	use of energy and material resources.
971	7.  The degree to which the project fosters overall
972	understanding and appreciation of renewable energy technologies.
973	8.  The ability to administer a complete project.
974	9.  Project duration and timeline for expenditures.
975	10.  The geographic area in which the project is to be
976	conducted in relation to other projects.
977	11.  The degree of public visibility and interaction.
978	Section 12.  Subsection (9) of section 288.9607, Florida
979	Statutes, is amended to read:
980	288.9607  Guaranty of bond issues.-
981	(9)  The membership of the corporation is authorized and
982	directed to conduct such investigation as it may deem necessary
983	for promulgation of regulations to govern the operation of the
984	guaranty program authorized by this section. The regulations may
985	include such other additional provisions, restrictions, and
986	conditions as the corporation, after its investigation referred
987	to in this subsection, shall determine to be proper to achieve
988	the most effective utilization of the guaranty program. This may
989	include, without limitation, a detailing of the remedies that
990	must be exhausted by bondholders, a trustee acting on their
991	behalf, or other credit provided before calling upon the
992	corporation to perform under its guaranty agreement and the
993	subrogation of other rights of the corporation with reference to
994	the capital project and its operation or the financing in the
995	event the corporation makes payment pursuant to the applicable
996	guaranty agreement. The regulations promulgated by the
997	corporation to govern the operation of the guaranty program may
998	contain specific provisions with respect to the rights of the
999	corporation to enter, take over, and manage all financed
1000	properties upon default. These regulations shall be submitted by
1001	the corporation to the Department of Agriculture and Consumer
1002	Services Florida Energy and Climate Commission for approval.
1003	Section 13.  Subsection (5) of section 366.82, Florida
1004	Statutes, is amended to read:
1005	366.82  Definition; goals; plans; programs; annual reports;
1006	energy audits.-
1007	(5)  The Department of Agriculture and Consumer Services
1008	Florida Energy and Climate Commission shall be a party in the
1009	proceedings to adopt goals and shall file with the commission
1010	comments on the proposed goals, including, but not limited to:
1011	(a)  An evaluation of utility load forecasts, including an
1012	assessment of alternative supply-side and demand-side resource
1013	options.
1014	(b)  An analysis of various policy options that can be
1015	implemented to achieve a least-cost strategy, including
1016	nonutility programs targeted at reducing and controlling the per
1017	capita use of electricity in the state.
1018	(c)  An analysis of the impact of state and local building
1019	codes and appliance efficiency standards on the need for
1020	utility-sponsored conservation and energy efficiency measures
1021	and programs.
1022	Section 14.  Section 377.6015, Florida Statutes, is amended
1023	to read:
1024	377.6015  Department of Agriculture and Consumer Services;
1025	powers and duties Florida Energy and Climate Commission.-To
1026	carry out the purposes of this part:
1027	(1)  The Florida Energy and Climate Commission is created
1028	within the Executive Office of the Governor. The commission
1029	shall be comprised of nine members appointed by the Governor,
1030	the Commissioner of Agriculture, and the Chief Financial
1031	Officer.
1032	(a)  The Governor shall appoint one member from three
1033	persons nominated by the Florida Public Service Commission
1034	Nominating Council, created in s. 350.031, to each of seven
1035	seats on the commission. The Commissioner of Agriculture shall
1036	appoint one member from three persons nominated by the council
1037	to one seat on the commission. The Chief Financial Officer shall
1038	appoint one member from three persons nominated by the council
1039	to one seat on the commission.
1040	1.  The council shall submit the recommendations to the
1041	Governor, the Commissioner of Agriculture, and the Chief
1042	Financial Officer by September 1 of those years in which the
1043	terms are to begin the following October or within 60 days after
1044	a vacancy occurs for any reason other than the expiration of the
1045	term. The Governor, the Commissioner of Agriculture, and the
1046	Chief Financial Officer may proffer names of persons to be
1047	considered for nomination by the council.
1048	2.  The Governor, the Commissioner of Agriculture, and the
1049	Chief Financial Officer shall fill a vacancy occurring on the
1050	commission by appointment of one of the applicants nominated by
1051	the council only after a background investigation of such
1052	applicant has been conducted by the Department of Law
1053	Enforcement.
1054	3.  Members shall be appointed to 3-year terms; however, in
1055	order to establish staggered terms, for the initial
1056	appointments, the Governor shall appoint four members to 3-year
1057	terms, two members to 2-year terms, and one member to a 1-year
1058	term, and the Commissioner of Agriculture and the Chief
1059	Financial Officer shall each appoint one member to a 3-year term
1060	and shall appoint a successor when that appointee's term expires
1061	in the same manner as the original appointment.
1062	4.  The Governor shall select from the membership of the
1063	commission one person to serve as chair.
1064	5.  A vacancy on the commission shall be filled for the
1065	unexpired portion of the term in the same manner as the original
1066	appointment.
1067	6.  If the Governor, the Commissioner of Agriculture, or
1068	the Chief Financial Officer has not made an appointment within
1069	30 consecutive calendar days after the receipt of the
1070	recommendations, the council shall initiate, in accordance with
1071	this section, the nominating process within 30 days.
1072	7.  Each appointment to the commission shall be subject to
1073	confirmation by the Senate during the next regular session after
1074	the vacancy occurs. If the Senate refuses to confirm or fails to
1075	consider the appointment of the Governor, the Commissioner of
1076	Agriculture, or the Chief Financial Officer, the council shall
1077	initiate, in accordance with this section, the nominating
1078	process within 30 days.
1079	8.  The Governor or the Governor's successor may recall an
1080	appointee.
1081	9.  Notwithstanding subparagraph 7. and for the initial
1082	appointments to the commission only, each initial appointment to
1083	the commission is subject to confirmation by the Senate by the
1084	2010 Regular Session. If the Senate refuses to confirm or fails
1085	to consider an appointment made by the Governor, the
1086	Commissioner of Agriculture, or the Chief Financial Officer, the
1087	council shall initiate, in accordance with this section, the
1088	nominating process within 30 days after the Senate's refusal to
1089	confirm or failure to consider such appointment. This
1090	subparagraph expires July 1, 2010.
1091	(b)  Members must meet the following qualifications and
1092	restrictions:
1093	1.  A member must be an expert in one or more of the
1094	following fields: energy, natural resource conservation,
1095	economics, engineering, finance, law, transportation and land
1096	use, consumer protection, state energy policy, or another field
1097	substantially related to the duties and functions of the
1098	commission. The commission shall fairly represent the fields
1099	specified in this subparagraph.
1100	2.  Each member shall, at the time of appointment and at
1101	each commission meeting during his or her term of office,
1102	disclose:
1103	a.  Whether he or she has any financial interest, other
1104	than ownership of shares in a mutual fund, in any business
1105	entity that, directly or indirectly, owns or controls, or is an
1106	affiliate or subsidiary of, any business entity that may be
1107	affected by the policy recommendations developed by the
1108	commission.
1109	b.  Whether he or she is employed by or is engaged in any
1110	business activity with any business entity that, directly or
1111	indirectly, owns or controls, or is an affiliate or subsidiary
1112	of, any business entity that may be affected by the policy
1113	recommendations developed by the commission.
1114	(c)  The chair may designate the following ex officio,
1115	nonvoting members to provide information and advice to the
1116	commission at the request of the chair:
1117	1.  The chair of the Florida Public Service Commission, or
1118	his or her designee.
1119	2.  The Public Counsel, or his or her designee.
1120	3.  A representative of the Department of Agriculture and
1121	Consumer Services.
1122	4.  A representative of the Department of Financial
1123	Services.
1124	5.  A representative of the Department of Environmental
1125	Protection.
1126	6.  A representative of the Department of Community
1127	Affairs.
1128	7.  A representative of the Board of Governors of the State
1129	University System.
1130	8.  A representative of the Department of Transportation.
1131	(2)  Members shall serve without compensation but are
1132	entitled to reimbursement for per diem and travel expenses as
1133	provided in s. 112.061.
1134	(3)  Meetings of the commission may be held in various
1135	locations around the state and at the call of the chair;
1136	however, the commission must meet at least six times each year.
1137	(1)(4)  The department commission may:
1138	(a)  Employ staff and counsel as needed in the performance
1139	of its duties.
1140	(b)  Prosecute and defend legal actions in its own name.
1141	(c)  Form advisory groups consisting of members of the
1142	public to provide information on specific issues.
1143	(2)(5)  The department commission shall:
1144	(a)  Administer the Florida Renewable Energy and Energy-
1145	Efficient Technologies Grants Program pursuant to s. 377.804 to
1146	assure a robust grant portfolio.
1147	(b)  Develop policy for requiring grantees to provide
1148	royalty-sharing or licensing agreements with state government
1149	for commercialized products developed under a state grant.
1150	(c)  Administer the Florida Green Government Grants Act
1151	pursuant to s. 377.808 and set annual priorities for grants.
1152	(d)  Administer the information gathering and reporting
1153	functions pursuant to ss. 377.601-377.608.
1154	(e)  Administer petroleum planning and emergency
1155	contingency planning pursuant to ss. 377.701, 377.703, and
1156	377.704.
1157	(f)  Represent Florida in the Southern States Energy
1158	Compact pursuant to ss. 377.71-377.712.
1159	(g)  Complete the annual assessment of the efficacy of
1160	Florida's Energy and Climate Change Action Plan, upon completion
1161	by the Governor's Action Team on Energy and Climate Change
1162	pursuant to the Governor's Executive Order 2007-128, and provide
1163	specific recommendations to the Governor and the Legislature
1164	each year to improve results.
1165	(g)(h)  Administer the provisions of the Florida Energy and
1166	Climate Protection Act pursuant to ss. 377.801-377.807 377.801-
1167	377.806.
1168	(h)(i)  Advocate for energy and climate change issues and
1169	provide educational outreach and technical assistance in
1170	cooperation with the state's academic institutions.
1171	(i)(j)  Be a party in the proceedings to adopt goals and
1172	submit comments to the Public Service Commission pursuant to s.
1173	366.82.
1174	(j)(k)  Adopt rules pursuant to chapter 120 in order to
1175	implement all powers and duties described in this section.
1176	Section 15.  Section 377.602, Florida Statutes, is amended
1177	to read:
1178	377.602  Definitions.-As used in ss. 377.601-377.608:
1179	(1)  "Department" "Commission" means the Department of
1180	Agriculture and Consumer Services Florida Energy and Climate
1181	Commission.
1182	(2)  "Energy resources" includes, but shall not be limited
1183	to:
1184	(a)  Energy converted from solar radiation, wind, hydraulic
1185	potential, tidal movements, biomass, geothermal sources, and
1186	other energy resources the department commission determines to
1187	be important to the production or supply of energy.
1188	(b)  Propane, butane, motor gasoline, kerosene, home
1189	heating oil, diesel fuel, other middle distillates, aviation
1190	gasoline, kerosene-type jet fuel, naphtha-type jet fuel,
1191	residual fuels, crude oil, and other petroleum products and
1192	hydrocarbons as may be determined by the department commission
1193	to be of importance.
1194	(c)  All natural gas, including casinghead gas, all other
1195	hydrocarbons not defined as petroleum products in paragraph (b),
1196	and liquefied petroleum gas as defined in s. 527.01.
1197	(d)  All types of coal and products derived from its
1198	conversion and used as fuel.
1199	(e)  All types of nuclear energy, special nuclear material,
1200	and source material, as defined in former s. 290.07.
1201	(f)  All electrical energy.
1202	(3)  "Person" means producer, refiner, wholesaler,
1203	marketer, consignee, jobber, distributor, storage operator,
1204	importer, exporter, firm, corporation, broker, cooperative,
1205	public utility as defined in s. 366.02, rural electrification
1206	cooperative, municipality engaged in the business of providing
1207	electricity or other energy resources to the public, pipeline
1208	company, person transporting any energy resources as defined in
1209	subsection (2), and person holding energy reserves for further
1210	production; however, "person" does not include persons
1211	exclusively engaged in the retail sale of petroleum products.
1212	Section 16.  Section 377.603, Florida Statutes, is amended
1213	to read:
1214	377.603  Energy data collection; powers and duties of the
1215	department commission.-
1216	(1)  The department commission may collect data on the
1217	extraction, production, importation, exportation, refinement,
1218	transportation, transmission, conversion, storage, sale, or
1219	reserves of energy resources in this state in an efficient and
1220	expeditious manner.
1221	(2)  The department commission may prepare periodic reports
1222	of energy data it collects.
1223	(3)  The department commission may adopt and promulgate
1224	such rules and regulations as are necessary to carry out the
1225	provisions of ss. 377.601-377.608. Such rules shall be pursuant
1226	to chapter 120.
1227	(4)  The department commission shall maintain internal
1228	validation procedures to assure the accuracy of information
1229	received.
1230	Section 17.  Section 377.604, Florida Statutes, is amended
1231	to read:
1232	377.604  Required reports.-Every person who produces,
1233	imports, exports, refines, transports, transmits, converts,
1234	stores, sells, or holds known reserves of any form of energy
1235	resources used as fuel shall report to the department
1236	commission, at the request of and in a manner prescribed by the
1237	department commission, on forms provided by the department
1238	commission. Such forms shall be designed in such a manner as to
1239	indicate:
1240	(1)  The identity of the person or persons making the
1241	report.
1242	(2)  The quantity of energy resources extracted, produced,
1243	imported, exported, refined, transported, transmitted,
1244	converted, stored, or sold except at retail.
1245	(3)  The quantity of energy resources known to be held in
1246	reserve in the state.
1247	(4)  The identity of each refinery from which petroleum
1248	products have normally been obtained and the type and quantity
1249	of products secured from that refinery for sale or resale in
1250	this state.
1251	(5)  Any other information which the department commission
1252	deems proper pursuant to the intent of ss. 377.601-377.608.
1253	Section 18.  Section 377.605, Florida Statutes, is amended
1254	to read:
1255	377.605  Use of existing information.-The department
1256	commission may utilize to the fullest extent possible any
1257	existing energy information already prepared for state or
1258	federal agencies. Every state, county, and municipal agency
1259	shall cooperate with the department commission and shall submit
1260	any information on energy to the department commission upon
1261	request.
1262	Section 19.  Section 377.606, Florida Statutes, is amended
1263	to read:
1264	377.606  Records of the department commission; limits of
1265	confidentiality.-The information or records of individual
1266	persons, as defined in this section, obtained by the department
1267	commission as a result of a report, investigation, or
1268	verification required by the department commission shall be open
1269	to the public, except such information the disclosure of which
1270	would be likely to cause substantial harm to the competitive
1271	position of the person providing such information and which is
1272	requested to be held confidential by the person providing such
1273	information. Such proprietary information is confidential and
1274	exempt from the provisions of s. 119.07(1). Information reported
1275	by entities other than the department commission in documents or
1276	reports open to public inspection shall under no circumstances
1277	be classified as confidential by the department commission.
1278	Divulgence of proprietary information as is requested to be held
1279	confidential, except upon order of a court of competent
1280	jurisdiction or except to an officer of the state entitled to
1281	receive the same in his or her official capacity, shall be a
1282	misdemeanor of the second degree, punishable as provided in ss.
1283	775.082 and 775.083. Nothing in this section shall be construed
1284	to prohibit the publication or divulgence by other means of data
1285	so classified as to prevent identification of particular
1286	accounts or reports made to the department commission in
1287	compliance with s. 377.603 or to prohibit the disclosure of such
1288	information to properly qualified legislative committees. The
1289	department commission shall establish a system which permits
1290	reasonable access to information developed.
1291	Section 20.  Section 377.608, Florida Statutes, is amended
1292	to read:
1293	377.608  Prosecution of cases by state attorney.-The state
1294	attorney shall prosecute all cases certified to him or her for
1295	prosecution by the department commission immediately upon
1296	receipt of the evidence transmitted by the department
1297	commission, or as soon thereafter as practicable.
1298	Section 21.  Section 377.701, Florida Statutes, is amended
1299	to read:
1300	377.701  Petroleum allocation.-
1301	(1)  The Department of Agriculture and Consumer Services
1302	Florida Energy and Climate Commission shall assume the state's
1303	role in petroleum allocation and conservation, including the
1304	development of a fair and equitable petroleum plan. The
1305	department commission shall constitute the responsible state
1306	agency for performing the functions of any federal program
1307	delegated to the state, which relates to petroleum supply,
1308	demand, and allocation.
1309	(2)  The department commission shall, in addition to
1310	assuming the duties and responsibilities provided by subsection
1311	(1), perform the following:
1312	(a)  In projecting available supplies of petroleum,
1313	coordinate with the Department of Revenue to secure information
1314	necessary to assure the sufficiency and accuracy of data
1315	submitted by persons affected by any federal fuel allocation
1316	program.
1317	(b)  Require such periodic reports from public and private
1318	sources as may be necessary to the fulfillment of its
1319	responsibilities under this act. Such reports may include:
1320	petroleum use; all sales, including end-user sales, except
1321	retail gasoline and retail fuel oil sales; inventories; expected
1322	supplies and allocations; and petroleum conservation measures.
1323	(c)  In cooperation with the Department of Revenue and
1324	other relevant state agencies, provide for long-range studies
1325	regarding the usage of petroleum in the state in order to:
1326	1.  Comprehend the consumption of petroleum resources.
1327	2.  Predict future petroleum demands in relation to
1328	available resources.
1329	3.  Report the results of such studies to the Legislature.
1330	(3)  For the purpose of determining accuracy of data, all
1331	state agencies shall timely provide the department commission
1332	with petroleum-use information in a format suitable to the needs
1333	of the allocation program.
1334	(4)  A state employee may not divulge or make known in any
1335	manner any proprietary information acquired under this act if
1336	the disclosure of such information would be likely to cause
1337	substantial harm to the competitive position of the person
1338	providing such information and if the person requests that such
1339	information be held confidential, except in accordance with a
1340	court order or in the publication of statistical information
1341	compiled by methods which do not disclose the identity of
1342	individual suppliers or companies. Such proprietary information
1343	is confidential and exempt from the provisions of s. 119.07(1).
1344	Nothing in this subsection shall be construed to prevent
1345	inspection of reports by the Attorney General, members of the
1346	Legislature, and interested state agencies; however, such
1347	agencies and their employees and members are bound by the
1348	requirements set forth in this subsection.
1349	(5)  Any person who willfully fails to submit information
1350	required by this act or submits false information or who
1351	violates any provision of this act commits a misdemeanor of the
1352	first degree and shall be punished as provided in ss. 775.082
1353	and 775.083.
1354	Section 22.  Section 377.703, Florida Statutes, is amended
1355	to read:
1356	377.703  Additional functions of the Department of
1357	Agriculture and Consumer Services Florida Energy and Climate
1358	Commission.-
1359	(1)  LEGISLATIVE INTENT.-Recognizing that energy supply and
1360	demand questions have become a major area of concern to the
1361	state which must be dealt with by effective and well-coordinated
1362	state action, it is the intent of the Legislature to promote the
1363	efficient, effective, and economical management of energy
1364	problems, centralize energy coordination responsibilities,
1365	pinpoint responsibility for conducting energy programs, and
1366	ensure the accountability of state agencies for the
1367	implementation of s. 377.601(2), the state energy policy. It is
1368	the specific intent of the Legislature that nothing in this act
1369	shall in any way change the powers, duties, and responsibilities
1370	assigned by the Florida Electrical Power Plant Siting Act, part
1371	II of chapter 403, or the powers, duties, and responsibilities
1372	of the Florida Public Service Commission.
1373	(2)  FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.-The
1374	department commission shall perform the following functions
1375	consistent with the development of a state energy policy:
1376	(a)  The department commission shall assume the
1377	responsibility for development of an energy emergency
1378	contingency plan to respond to serious shortages of primary and
1379	secondary energy sources. Upon a finding by the Governor,
1380	implementation of any emergency program shall be upon order of
1381	the Governor that a particular kind or type of fuel is, or that
1382	the occurrence of an event which is reasonably expected within
1383	30 days will make the fuel, in short supply. The department
1384	commission shall then respond by instituting the appropriate
1385	measures of the contingency plan to meet the given emergency or
1386	energy shortage. The Governor may utilize the provisions of s.
1387	252.36(5) to carry out any emergency actions required by a
1388	serious shortage of energy sources.
1389	(b)  The department commission shall be responsible for
1390	performing or coordinating the functions of any federal energy
1391	programs delegated to the state, including energy supply,
1392	demand, conservation, or allocation.
1393	(c)  The department commission shall analyze present and
1394	proposed federal energy programs and make recommendations
1395	regarding those programs to the Governor and the Legislature.
1396	(d)  The department commission shall coordinate efforts to
1397	seek federal support or other support for state energy
1398	activities, including energy conservation, research, or
1399	development, and shall be responsible for the coordination of
1400	multiagency energy conservation programs and plans.
1401	(e)  The department commission shall analyze energy data
1402	collected and prepare long-range forecasts of energy supply and
1403	demand in coordination with the Florida Public Service
1404	Commission, which shall have responsibility for electricity and
1405	natural gas forecasts. To this end, the forecasts shall contain:
1406	1.  An analysis of the relationship of state economic
1407	growth and development to energy supply and demand, including
1408	the constraints to economic growth resulting from energy supply
1409	constraints.
1410	2.  Plans for the development of renewable energy resources
1411	and reduction in dependence on depletable energy resources,
1412	particularly oil and natural gas, and an analysis of the extent
1413	to which renewable energy sources are being utilized in the
1414	state.
1415	3.  Consideration of alternative scenarios of statewide
1416	energy supply and demand for 5, 10, and 20 years to identify
1417	strategies for long-range action, including identification of
1418	potential social, economic, and environmental effects.
1419	4.  An assessment of the state's energy resources,
1420	including examination of the availability of commercially
1421	developable and imported fuels, and an analysis of anticipated
1422	effects on the state's environment and social services resulting
1423	from energy resource development activities or from energy
1424	supply constraints, or both.
1425	(f)  The department commission shall submit an annual
1426	report to the Governor and the Legislature reflecting its
1427	activities and making recommendations of policies for
1428	improvement of the state's response to energy supply and demand
1429	and its effect on the health, safety, and welfare of the people
1430	of Florida. The report shall include a report from the Florida
1431	Public Service Commission on electricity and natural gas and
1432	information on energy conservation programs conducted and
1433	underway in the past year and shall include recommendations for
1434	energy conservation programs for the state, including, but not
1435	limited to, the following factors:
1436	1.  Formulation of specific recommendations for improvement
1437	in the efficiency of energy utilization in governmental,
1438	residential, commercial, industrial, and transportation sectors.
1439	2.  Collection and dissemination of information relating to
1440	energy conservation.
1441	3.  Development and conduct of educational and training
1442	programs relating to energy conservation.
1443	4.  An analysis of the ways in which state agencies are
1444	seeking to implement s. 377.601(2), the state energy policy, and
1445	recommendations for better fulfilling this policy.
1446	(g)  The department commission has authority to adopt rules
1447	pursuant to ss. 120.536(1) and 120.54 to implement the
1448	provisions of this act.
1449	(h)  The department commission shall promote the
1450	development and use of renewable energy resources, in
1451	conformance with the provisions of chapter 187 and s. 377.601,
1452	by:
1453	1.  Establishing goals and strategies for increasing the
1454	use of solar energy in this state.
1455	2.  Aiding and promoting the commercialization of solar
1456	energy technology, in cooperation with the Florida Solar Energy
1457	Center, Enterprise Florida, Inc., and any other federal, state,
1458	or local governmental agency which may seek to promote research,
1459	development, and demonstration of solar energy equipment and
1460	technology.
1461	3.  Identifying barriers to greater use of solar energy
1462	systems in this state, and developing specific recommendations
1463	for overcoming identified barriers, with findings and
1464	recommendations to be submitted annually in the report to the
1465	Governor and Legislature required under paragraph (f).
1466	4.  In cooperation with the Department of Environmental
1467	Protection, the Department of Transportation, the Department of
1468	Community Affairs, Enterprise Florida, Inc., the Florida Solar
1469	Energy Center, and the Florida Solar Energy Industries
1470	Association, investigating opportunities, pursuant to the
1471	National Energy Policy Act of 1992, the Housing and Community
1472	Development Act of 1992, and any subsequent federal legislation,
1473	for solar electric vehicles and other solar energy
1474	manufacturing, distribution, installation, and financing efforts
1475	which will enhance this state's position as the leader in solar
1476	energy research, development, and use.
1477	5.  Undertaking other initiatives to advance the
1478	development and use of renewable energy resources in this state.
1479
1480	In the exercise of its responsibilities under this paragraph,
1481	the department commission shall seek the assistance of the solar
1482	energy industry in this state and other interested parties and
1483	is authorized to enter into contracts, retain professional
1484	consulting services, and expend funds appropriated by the
1485	Legislature for such purposes.
1486	(i)  The department commission shall promote energy
1487	conservation in all energy use sectors throughout the state and
1488	shall constitute the state agency primarily responsible for this
1489	function. To this end, the department commission shall
1490	coordinate the energy conservation programs of all state
1491	agencies and review and comment on the energy conservation
1492	programs of all state agencies.
1493	(j)  The department commission shall serve as the state
1494	clearinghouse for indexing and gathering all information related
1495	to energy programs in state universities, in private
1496	universities, in federal, state, and local government agencies,
1497	and in private industry and shall prepare and distribute such
1498	information in any manner necessary to inform and advise the
1499	citizens of the state of such programs and activities. This
1500	shall include developing and maintaining a current index and
1501	profile of all research activities, which shall be identified by
1502	energy area and may include a summary of the project, the amount
1503	and sources of funding, anticipated completion dates, or, in
1504	case of completed research, conclusions, recommendations, and
1505	applicability to state government and private sector functions.
1506	The department commission shall coordinate, promote, and respond
1507	to efforts by all sectors of the economy to seek financial
1508	support for energy activities. The department commission shall
1509	provide information to consumers regarding the anticipated
1510	energy-use and energy-saving characteristics of products and
1511	services in coordination with any federal, state, or local
1512	governmental agencies as may provide such information to
1513	consumers.
1514	(k)  The department commission shall coordinate energy-
1515	related programs of state government, including, but not limited
1516	to, the programs provided in this section. To this end, the
1517	department commission shall:
1518	1.  Provide assistance to other state agencies, counties,
1519	municipalities, and regional planning agencies to further and
1520	promote their energy planning activities.
1521	2.  Require, in cooperation with the Department of
1522	Management Services, all state agencies to operate state-owned
1523	and state-leased buildings in accordance with energy
1524	conservation standards as adopted by the Department of
1525	Management Services. Every 3 months, the Department of
1526	Management Services shall furnish the department commission data
1527	on agencies' energy consumption and emissions of greenhouse
1528	gases in a format prescribed by the department commission.
1529	3.  Promote the development and use of renewable energy
1530	resources, energy efficiency technologies, and conservation
1531	measures.
1532	4.  Promote the recovery of energy from wastes, including,
1533	but not limited to, the use of waste heat, the use of
1534	agricultural products as a source of energy, and recycling of
1535	manufactured products. Such promotion shall be conducted in
1536	conjunction with, and after consultation with, the Department of
1537	Environmental Protection and the Florida Public Service
1538	Commission where electrical generation or natural gas is
1539	involved, and any other relevant federal, state, or local
1540	governmental agency having responsibility for resource recovery
1541	programs.
1542	(l)  The department commission shall develop, coordinate,
1543	and promote a comprehensive research plan for state programs.
1544	Such plan shall be consistent with state energy policy and shall
1545	be updated on a biennial basis.
1546	(m)  In recognition of the devastation to the economy of
1547	this state and the dangers to the health and welfare of
1548	residents of this state caused by severe hurricanes, and the
1549	potential for such impacts caused by other natural disasters,
1550	the department commission shall include in its energy emergency
1551	contingency plan and provide to the Florida Building Commission
1552	for inclusion in the Florida Energy Efficiency Code for Building
1553	Construction specific provisions to facilitate the use of cost-
1554	effective solar energy technologies as emergency remedial and
1555	preventive measures for providing electric power, street
1556	lighting, and water heating service in the event of electric
1557	power outages.
1558	(3)  The department commission shall be responsible for the
1559	administration of the Coastal Energy Impact Program provided for
1560	and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a.
1561	Section 23.  Section 377.801, Florida Statutes, is amended
1562	to read:
1563	377.801  Short title.-Sections 377.801-377.807 377.801-
1564	377.806 may be cited as the "Florida Energy and Climate
1565	Protection Act."
1566	Section 24.  Section 377.802, Florida Statutes, is amended
1567	to read:
1568	377.802  Purpose.-This act is intended to provide
1569	incentives for Florida's citizens, businesses, school districts,
1570	and local governments to take action to diversify the state's
1571	energy supplies, reduce dependence on foreign oil, and mitigate
1572	the effects of climate change by providing funding for
1573	activities designed to achieve these goals. The grant programs
1574	in this act are intended to stimulate capital investment in and
1575	enhance the market for renewable energy technologies and
1576	technologies intended to diversify Florida's energy supplies,
1577	reduce dependence on foreign oil, and combat or limit climate
1578	change impacts. This act is also intended to provide incentives
1579	for the purchase of energy-efficient appliances and rebates for
1580	solar energy equipment installations for residential and
1581	commercial buildings.
1582	Section 25.  Section 377.803, Florida Statutes, is amended
1583	to read:
1584	377.803  Definitions.-As used in ss. 377.801-377.807
1585	377.801-377.806, the term:
1586	(1)  "Act" means the Florida Energy and Climate Protection
1587	Act.
1588	(2)  "Department" "Commission" means the Department of
1589	Agriculture and Consumer Services Florida Energy and Climate
1590	Commission.
1591	(3)  "Person" means an individual, partnership, joint
1592	venture, private or public corporation, association, firm,
1593	public service company, or any other public or private entity.
1594	(4)  "Renewable energy" means electrical, mechanical, or
1595	thermal energy produced from a method that uses one or more of
1596	the following fuels or energy sources: hydrogen, biomass, as
1597	defined in s. 366.91, solar energy, geothermal energy, wind
1598	energy, ocean energy, waste heat, or hydroelectric power.
1599	(5)  "Renewable energy technology" means any technology
1600	that generates or utilizes a renewable energy resource.
1601	(6)  "Solar energy system" means equipment that provides
1602	for the collection and use of incident solar energy for water
1603	heating, space heating or cooling, or other applications that
1604	would normally require a conventional source of energy such as
1605	petroleum products, natural gas, or electricity that performs
1606	primarily with solar energy. In other systems in which solar
1607	energy is used in a supplemental way, only those components that
1608	collect and transfer solar energy shall be included in this
1609	definition.
1610	(7)  "Solar photovoltaic system" means a device that
1611	converts incident sunlight into electrical current.
1612	(8)  "Solar thermal system" means a device that traps heat
1613	from incident sunlight in order to heat water.
1614	Section 26.  Section 377.804, Florida Statutes, is amended
1615	to read:
1616	377.804  Renewable Energy and Energy-Efficient Technologies
1617	Grants Program.-
1618	(1)  The Renewable Energy and Energy-Efficient Technologies
1619	Grants Program is established within the department commission
1620	to provide renewable energy matching grants for demonstration,
1621	commercialization, research, and development projects relating
1622	to renewable energy technologies and innovative technologies
1623	that significantly increase energy efficiency for vehicles and
1624	commercial buildings.
1625	(2)  Matching grants for projects described in subsection
1626	(1) may be made to any of the following:
1627	(a)  Municipalities and county governments.
1628	(b)  Established for-profit companies licensed to do
1629	business in the state.
1630	(c)  Universities and colleges in the state.
1631	(d)  Utilities located and operating within the state.
1632	(e)  Not-for-profit organizations.
1633	(f)  Other qualified persons, as determined by the
1634	department commission.
1635	(3)  The department commission may adopt rules pursuant to
1636	ss. 120.536(1) and 120.54 to provide for application
1637	requirements, provide for ranking of applications, and
1638	administer the awarding of grants under this program.
1639	(4)  Factors the department commission shall consider in
1640	awarding grants include, but are not limited to:
1641	(a)  The availability of matching funds or other in-kind
1642	contributions applied to the total project from an applicant.
1643	The department commission shall give greater preference to
1644	projects that provide such matching funds or other in-kind
1645	contributions.
1646	(b)  The degree to which the project stimulates in-state
1647	capital investment and economic development in metropolitan and
1648	rural areas, including the creation of jobs and the future
1649	development of a commercial market for renewable energy
1650	technologies.
1651	(c)  The extent to which the proposed project has been
1652	demonstrated to be technically feasible based on pilot project
1653	demonstrations, laboratory testing, scientific modeling, or
1654	engineering or chemical theory that supports the proposal.
1655	(d)  The degree to which the project incorporates an
1656	innovative new technology or an innovative application of an
1657	existing technology.
1658	(e)  The degree to which a project generates thermal,
1659	mechanical, or electrical energy by means of a renewable energy
1660	resource that has substantial long-term production potential.
1661	(f)  The degree to which a project demonstrates efficient
1662	use of energy and material resources.
1663	(g)  The degree to which the project fosters overall
1664	understanding and appreciation of renewable energy technologies.
1665	(h)  The ability to administer a complete project.
1666	(i)  Project duration and timeline for expenditures.
1667	(j)  The geographic area in which the project is to be
1668	conducted in relation to other projects.
1669	(k)  The degree of public visibility and interaction.
1670	(5)  The department commission shall solicit the expertise
1671	of state agencies, Enterprise Florida, Inc., and state
1672	universities, and may solicit the expertise of other public and
1673	private entities it deems appropriate, in evaluating project
1674	proposals. State agencies shall cooperate with the department
1675	commission and provide such assistance as requested.
1676	(6)  The commission shall coordinate and actively consult
1677	with the Department of Agriculture and Consumer Services during
1678	the review and approval process of grants relating to bioenergy
1679	projects for renewable energy technology. Factors for
1680	consideration in awarding grants relating to bioenergy projects
1681	may include, but are not limited to, the degree to which:
1682	(a)  The project stimulates in-state capital investment and
1683	economic development in metropolitan and rural areas, including
1684	the creation of jobs and the future development of a commercial
1685	market for bioenergy.
1686	(b)  The project produces bioenergy from Florida-grown
1687	crops or biomass.
1688	(c)  The project demonstrates efficient use of energy and
1689	material resources.
1690	(d)  The project fosters overall understanding and
1691	appreciation of bioenergy technologies.
1692	(e)  Matching funds and in-kind contributions from an
1693	applicant are available.
1694	(f)  The project duration and the timeline for expenditures
1695	are acceptable.
1696	(g)  The project has a reasonable assurance of enhancing
1697	the value of agricultural products or will expand agribusiness
1698	in the state.
1699	(h)  Preliminary market and feasibility research has been
1700	conducted by the applicant or others and shows there is a
1701	reasonable assurance of a potential market.
1702	(7)  Each grant application shall be accompanied by an
1703	affidavit from the applicant attesting to the accuracy of the
1704	statements contained in the application.
1705	Section 27.  Section 377.807, Florida Statutes, is amended
1706	to read:
1707	377.807  Energy-efficient appliance rebate program.-
1708	(1)  The department Florida Energy and Climate Commission
1709	is authorized to develop and administer a consumer rebate
1710	program for residential energy-efficient appliances, consistent
1711	with 42 U.S.C. s. 15821 and any federal agency guidance or
1712	regulations issued in furtherance of federal law.
1713	(2)  The department commission may adopt rules pursuant to
1714	ss. 120.536(1) and 120.54 designating eligible appliances,
1715	rebate amounts, and the administration of the issuance of
1716	rebates. The rules shall be consistent with 42 U.S.C. s. 15821
1717	and any subsequent implementing federal regulations or guidance.
1718	(3)  The department commission is authorized to enter into
1719	contracts or memoranda of agreement with other agencies of the
1720	state, public-private partnerships, or other arrangements such
1721	that the most efficient means of administering consumer rebates
1722	can be achieved.
1723	Section 28.  Section 377.808, Florida Statutes, is amended
1724	to read:
1725	377.808  Florida Green Government Grants Act.-
1726	(1)  This section may be cited as the "Florida Green
1727	Government Grants Act."
1728	(2)  The department Florida Energy and Climate Commission
1729	shall use funds specifically appropriated to award grants under
1730	this section to assist local governments, including
1731	municipalities, counties, and school districts, in the
1732	development and implementation of programs that achieve green
1733	standards. Green standards shall be determined by the department
1734	commission and shall provide for cost-efficient solutions,
1735	reducing greenhouse gas emissions, improving quality of life,
1736	and strengthening the state's economy.
1737	(3)  The department commission shall adopt rules pursuant
1738	to chapter 120 to administer the grants provided for in this
1739	section. In accordance with the rules adopted by the department
1740	commission under this section, the department commission may
1741	provide grants from funds specifically appropriated for this
1742	purpose to local governments for the costs of achieving green
1743	standards, including necessary administrative expenses. The
1744	rules of the department commission shall:
1745	(a)  Designate one or more suitable green government
1746	standards frameworks from which local governments may develop a
1747	greening government initiative and from which projects may be
1748	eligible for funding pursuant to this section.
1749	(b)  Require that projects that plan, design, construct,
1750	upgrade, or replace facilities reduce greenhouse gas emissions
1751	and be cost-effective, environmentally sound, permittable, and
1752	implementable.
1753	(c)  Require local governments to match state funds with
1754	direct project cost sharing or in-kind services.
1755	(d)  Provide for a scale of matching requirements for local
1756	governments on the basis of population in order to assist rural
1757	and undeveloped areas of the state with any financial burden of
1758	addressing climate change impacts.
1759	(e)  Require grant applications to be submitted on
1760	appropriate forms developed and adopted by the department
1761	commission with appropriate supporting documentation and require
1762	records to be maintained.
1763	(f)  Establish a system to determine the relative priority
1764	of grant applications. The system shall consider greenhouse gas
1765	reductions, energy savings and efficiencies, and proven
1766	technologies.
1767	(g)  Establish requirements for competitive procurement of
1768	engineering and construction services, materials, and equipment.
1769	(h)  Provide for termination of grants when program
1770	requirements are not met.
1771	(4)  Each local government is limited to not more than two
1772	grant applications during each application period announced by
1773	the department commission. However, a local government may not
1774	have more than three active projects expending grant funds
1775	during any state fiscal year.
1776	(5)  The department commission shall perform an adequate
1777	overview of each grant, which may include technical review, site
1778	inspections, disbursement approvals, and auditing to
1779	successfully implement this section.
1780	Section 29.  Subsection (1) of section 377.809, Florida
1781	Statutes, is amended to read:
1782	377.809  Energy Economic Zone Pilot Program.-
1783	(1)  The Department of Community Affairs, in consultation
1784	with the Department of Transportation, shall implement an Energy
1785	Economic Zone Pilot Program for the purpose of developing a
1786	model to help communities cultivate green economic development,
1787	encourage renewable electric energy generation, manufacture
1788	products that contribute to energy conservation and green jobs,
1789	and further implement chapter 2008-191, Laws of Florida,
1790	relative to discouraging sprawl and developing energy-efficient
1791	land use patterns and greenhouse gas reduction strategies. The
1792	Office of Tourism, Trade, and Economic Development and the
1793	Department of Agriculture and Consumer Services Florida Energy
1794	and Climate Commission shall provide technical assistance to the
1795	departments in developing and administering the program.
1796	Section 30.  Subsections (3) and (6) of section 403.44,
1797	Florida Statutes, are amended to read:
1798	403.44  Florida Climate Protection Act.-
1799	(3)  The department may adopt rules for a cap-and-trade
1800	regulatory program to reduce greenhouse gas emissions from major
1801	emitters. When developing the rules, the department shall
1802	consult with the Department of Agriculture and Consumer Services
1803	Florida Energy and Climate Commission and the Florida Public
1804	Service Commission and may consult with the Governor's Action
1805	Team for Energy and Climate Change. The department shall not
1806	adopt rules until after January 1, 2010. The rules shall not
1807	become effective until ratified by the Legislature.
1808	(6)  Recognizing that the international, national, and
1809	neighboring state policies and the science of climate change
1810	will evolve, prior to submitting the proposed rules to the
1811	Legislature for consideration, the department shall submit the
1812	proposed rules to the Department of Agriculture and Consumer
1813	Services Florida Energy and Climate Commission, which shall
1814	review the proposed rules and submit a report to the Governor,
1815	the President of the Senate, the Speaker of the House of
1816	Representatives, and the department. The report shall address:
1817	(a)  The overall cost-effectiveness of the proposed cap-
1818	and-trade system in combination with other policies and measures
1819	in meeting statewide targets.
1820	(b)  The administrative burden to the state of
1821	implementing, monitoring, and enforcing the program.
1822	(c)  The administrative burden on entities covered under
1823	the cap.
1824	(d)  The impacts on electricity prices for consumers.
1825	(e)  The specific benefits to the state's economy for early
1826	adoption of a cap-and-trade system for greenhouse gases in the
1827	context of federal climate change legislation and the
1828	development of new international compacts.
1829	(f)  The specific benefits to the state's economy
1830	associated with the creation and sale of emissions offsets from
1831	economic sectors outside of the emissions cap.
1832	(g)  The potential effects on leakage if economic activity
1833	relocates out of the state.
1834	(h)  The effectiveness of the combination of measures in
1835	meeting identified targets.
1836	(i)  The economic implications for near-term periods of
1837	short-term and long-term targets specified in the overall
1838	policy.
1839	(j)  The overall costs and benefits of a cap-and-trade
1840	system to the economy of the state.
1841	(k)  The impacts on low-income consumers that result from
1842	energy price increases.
1843	(l)  The consistency of the program with other state and
1844	possible federal efforts.
1845	(m)  The evaluation of the conditions under which the state
1846	should consider linking its trading system to the systems of
1847	other states or other countries and how that might be affected
1848	by the potential inclusion in the rule of a safety valve.
1849	(n)  The timing and changes in the external environment,
1850	such as proposals by other states or implementation of a federal
1851	program that would spur reevaluation of the Florida program.
1852	(o)  The conditions and options for eliminating the Florida
1853	program if a federal program were to supplant it.
1854	(p)  The need for a regular reevaluation of the progress of
1855	other emitting regions of the country and of the world, and
1856	whether other regions are abating emissions in a commensurate
1857	manner.
1858	(q)  The desirability of and possibilities of broadening
1859	the scope of the state's cap-and-trade system at a later date to
1860	include more emitting activities as well as sinks in Florida,
1861	the conditions that would need to be met to do so, and how the
1862	program would encourage these conditions to be met, including
1863	developing monitoring and measuring techniques for land use
1864	emissions and sinks, regulating sources upstream, and other
1865	considerations.
1866	Section 31.  Section 409.508, Florida Statutes, is amended
1867	to read:
1868	409.508  Low-income home energy assistance program.-
1869	(1)  As used in this section:
1870	(a)  "Eligible household" means a household eligible for
1871	funds from the Low-income Home Energy Assistance Act of 1981, 42
1872	U.S.C. ss. 8621 et seq.
1873	(b)  "Home energy" means a source of heating or cooling in
1874	residential dwellings.
1875	(c)  "Utility" means any person, corporation, partnership,
1876	municipality, cooperative, association, or other legal entity
1877	and its lessees, trustees, or receivers now or hereafter owning,
1878	operating, managing, or controlling any plant or other facility
1879	supplying electricity or natural gas to or for the public within
1880	this state, directly or indirectly, for compensation.
1881	(2)  The Department of Agriculture and Consumer Services
1882	Community Affairs is designated as the state agency to
1883	administer the Low-income Home Energy Assistance Act of 1981, 42
1884	U.S.C. ss. 8621 et seq. The Department of Agriculture and
1885	Consumer Services Community Affairs is authorized to provide
1886	home energy assistance benefits to eligible households which may
1887	be in the form of cash, vouchers, certificates, or direct
1888	payments to electric or natural gas utilities or other energy
1889	suppliers and operators of low-rent, subsidized housing in
1890	behalf of eligible households. Priority shall be given to
1891	eligible households having at least one elderly or handicapped
1892	individual and to eligible households with the lowest incomes.
1893	(3)  Agreements may be established between electric or
1894	natural gas utility companies, other energy suppliers, the
1895	Department of Revenue, and the Department of Agriculture and
1896	Consumer Services Community Affairs for the purpose of providing
1897	payments to energy suppliers in the form of a credit against
1898	sales and use taxes due or direct payments to energy suppliers
1899	for services rendered to low-income, eligible households.
1900	(4)  The Department of Agriculture and Consumer Services
1901	Community Affairs shall adopt rules to carry out the provisions
1902	of this act.
1903	Section 32.  Section 409.509, Florida Statutes, is amended
1904	to read:
1905	409.509  Definitions; weatherization of low-income
1906	residences.-As used in ss. 409.509-409.5093 this act, the term:
1907	(1)  "Community action agency" means a private corporation
1908	or public agency established pursuant to the Economic
1909	Opportunity Act of 1964, Pub. L. No. 88-452, which is authorized
1910	to administer funds from federal, state, local, or private
1911	funding entities to assess, design, operate, finance, and
1912	oversee antipoverty programs.
1913	(2)  "Department" means the Department of Agriculture and
1914	Consumer Services Community Affairs.
1915	(3)  "Energy assessment" means an analysis of a dwelling
1916	unit to determine the need for cost-effective energy
1917	conservation measures as determined by the department.
1918	(4)  "Household" means an individual or group of
1919	individuals living in a dwelling unit as defined by the
1920	department.
1921	(5)  "Low income" means household income that is at or
1922	below 125 percent of the federally established poverty level.
1923	(6)  "Residence" means a dwelling unit as defined by the
1924	department.
1925	(7)  "Weatherization" means materials or measures and their
1926	installation as defined in the federal Energy Conservation and
1927	Production Act, Pub. L. No. 94-385, which are used to improve
1928	the thermal efficiency of a residence.
1929	(8)  "Weatherizing agency" means any approved department
1930	grantee that bears the responsibility for ensuring the
1931	performance of weatherization of residences under this act and
1932	has been approved by the department, that was performing
1933	weatherization services as of July 1, 1988, unless such agency
1934	has withdrawn or lost its designation as a result of failure to
1935	perform under acceptable contract conditions as determined by
1936	the department.
1937	Section 33.  Subsection (3) of section 570.954, Florida
1938	Statutes, is amended to read:
1939	570.954  Farm-to-fuel initiative.-
1940	(3)  The department shall coordinate with and solicit the
1941	expertise of the state energy office within the Department of
1942	Environmental Protection when developing and implementing this
1943	initiative.
1944	Section 34.  Subsections (5), (11), (12), and (13) of
1945	section 1004.648, Florida Statutes, are amended to read:
1946	1004.648  Florida Energy Systems Consortium.-
1947	(5)  The director, whose office shall be located at the
1948	University of Florida, shall report to the Department of
1949	Agriculture and Consumer Services Florida Energy and Climate
1950	Commission created pursuant to s. 377.6015.
1951	(11)  The oversight board, in consultation with the
1952	Department of Agriculture and Consumer Services Florida Energy
1953	and Climate Commission, shall ensure that the consortium:
1954	(a)  Maintains accurate records of any funds received by
1955	the consortium.
1956	(b)  Meets financial and technical performance
1957	expectations, which may include external technical reviews as
1958	required.
1959	(12)  The steering committee shall consist of the
1960	university representatives included in the Centers of Excellence
1961	proposals for the Florida Energy Systems Consortium and the
1962	Center of Excellence in Ocean Energy Technology-Phase II which
1963	were reviewed during the 2007-2008 fiscal year by the Florida
1964	Technology, Research, and Scholarship Board created in s.
1965	1004.226(4); a university representative appointed by the
1966	President of Florida International University; and a
1967	representative from the Department of Agriculture and Consumer
1968	Services the Florida Energy and Climate Commission. The steering
1969	committee shall be responsible for establishing and ensuring the
1970	success of the consortium's mission under subsection (9).
1971	(13)  By November 1 of each year, the consortium shall
1972	submit an annual report to the Governor, the President of the
1973	Senate, the Speaker of the House of Representatives, and the
1974	Department of Agriculture and Consumer Services Florida Energy
1975	and Climate Commission regarding its activities, including, but
1976	not limited to, education and research related to, and the
1977	development and deployment of, alternative energy technologies.
1978	Section 35.  Paragraphs (ddd) through (hhh) of subsection
1979	(7) of section 212.08, Florida Statutes, are redesignated as
1980	paragraphs (ccc) through (ggg), respectively, and paragraph
1981	(ccc) of that subsection is amended to read:
1982	212.08  Sales, rental, use, consumption, distribution, and
1983	storage tax; specified exemptions.-The sale at retail, the
1984	rental, the use, the consumption, the distribution, and the
1985	storage to be used or consumed in this state of the following
1986	are hereby specifically exempt from the tax imposed by this
1987	chapter.
1988	(7)  MISCELLANEOUS EXEMPTIONS.-Exemptions provided to any
1989	entity by this chapter do not inure to any transaction that is
1990	otherwise taxable under this chapter when payment is made by a
1991	representative or employee of the entity by any means,
1992	including, but not limited to, cash, check, or credit card, even
1993	when that representative or employee is subsequently reimbursed
1994	by the entity. In addition, exemptions provided to any entity by
1995	this subsection do not inure to any transaction that is
1996	otherwise taxable under this chapter unless the entity has
1997	obtained a sales tax exemption certificate from the department
1998	or the entity obtains or provides other documentation as
1999	required by the department. Eligible purchases or leases made
2000	with such a certificate must be in strict compliance with this
2001	subsection and departmental rules, and any person who makes an
2002	exempt purchase with a certificate that is not in strict
2003	compliance with this subsection and the rules is liable for and
2004	shall pay the tax. The department may adopt rules to administer
2005	this subsection.
2006	(ccc)  Equipment, machinery, and other materials for
2007	renewable energy technologies.-
2008	1.  As used in this paragraph, the term:
2009	a.  "Biodiesel" means the mono-alkyl esters of long-chain
2010	fatty acids derived from plant or animal matter for use as a
2011	source of energy and meeting the specifications for biodiesel
2012	and biodiesel blends with petroleum products as adopted by the
2013	Department of Agriculture and Consumer Services. Biodiesel may
2014	refer to biodiesel blends designated BXX, where XX represents
2015	the volume percentage of biodiesel fuel in the blend.
2016	b.  "Ethanol" means an anhydrous denatured alcohol produced
2017	by the conversion of carbohydrates meeting the specifications
2018	for fuel ethanol and fuel ethanol blends with petroleum products
2019	as adopted by the Department of Agriculture and Consumer
2020	Services. Ethanol may refer to fuel ethanol blends designated
2021	EXX, where XX represents the volume percentage of fuel ethanol
2022	in the blend.
2023	c.  "Hydrogen fuel cells" means equipment using hydrogen or
2024	a hydrogen-rich fuel in an electrochemical process to generate
2025	energy, electricity, or the transfer of heat.
2026	2.  The sale or use of the following in the state is exempt
2027	from the tax imposed by this chapter:
2028	a.  Hydrogen-powered vehicles, materials incorporated into
2029	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
2030	a limit of $2 million in tax each state fiscal year for all
2031	taxpayers.
2032	b.  Commercial stationary hydrogen fuel cells, up to a
2033	limit of $1 million in tax each state fiscal year for all
2034	taxpayers.
2035	c.  Materials used in the distribution of biodiesel (B10-
2036	B100) and ethanol (E10-E100), including fueling infrastructure,
2037	transportation, and storage, up to a limit of $1 million in tax
2038	each state fiscal year for all taxpayers. Gasoline fueling
2039	station pump retrofits for ethanol (E10-E100) distribution
2040	qualify for the exemption provided in this sub-subparagraph.
2041	3.  The Florida Energy and Climate Commission shall provide
2042	to the department a list of items eligible for the exemption
2043	provided in this paragraph.
2044	4.a.  The exemption provided in this paragraph shall be
2045	available to a purchaser only through a refund of previously
2046	paid taxes. An eligible item is subject to refund one time. A
2047	person who has received a refund on an eligible item shall
2048	notify the next purchaser of the item that such item is no
2049	longer eligible for a refund of paid taxes. This notification
2050	shall be provided to each subsequent purchaser on the sales
2051	invoice or other proof of purchase.
2052	b.  To be eligible to receive the exemption provided in
2053	this paragraph, a purchaser shall file an application with the
2054	Florida Energy and Climate Commission. The application shall be
2055	developed by the Florida Energy and Climate Commission, in
2056	consultation with the department, and shall require:
2057	(I)  The name and address of the person claiming the
2058	refund.
2059	(II)  A specific description of the purchase for which a
2060	refund is sought, including, when applicable, a serial number or
2061	other permanent identification number.
2062	(III)  The sales invoice or other proof of purchase showing
2063	the amount of sales tax paid, the date of purchase, and the name
2064	and address of the sales tax dealer from whom the property was
2065	purchased.
2066	(IV)  A sworn statement that the information provided is
2067	accurate and that the requirements of this paragraph have been
2068	met.
2069	c.  Within 30 days after receipt of an application, the
2070	Florida Energy and Climate Commission shall review the
2071	application and shall notify the applicant of any deficiencies.
2072	Upon receipt of a completed application, the Florida Energy and
2073	Climate Commission shall evaluate the application for exemption
2074	and issue a written certification that the applicant is eligible
2075	for a refund or issue a written denial of such certification
2076	within 60 days after receipt of the application. The Florida
2077	Energy and Climate Commission shall provide the department with
2078	a copy of each certification issued upon approval of an
2079	application.
2080	d.  Each certified applicant shall be responsible for
2081	forwarding a certified copy of the application and copies of all
2082	required documentation to the department within 6 months after
2083	certification by the Florida Energy and Climate Commission.
2084	e.  A refund approved pursuant to this paragraph shall be
2085	made within 30 days after formal approval by the department.
2086	f.  The Florida Energy and Climate Commission may adopt the
2087	form for the application for a certificate, requirements for the
2088	content and format of information submitted to the Florida
2089	Energy and Climate Commission in support of the application,
2090	other procedural requirements, and criteria by which the
2091	application will be determined by rule. The department may adopt
2092	all other rules pursuant to ss. 120.536(1) and 120.54 to
2093	administer this paragraph, including rules establishing
2094	additional forms and procedures for claiming this exemption.
2095	g.  The Florida Energy and Climate Commission shall be
2096	responsible for ensuring that the total amounts of the
2097	exemptions authorized do not exceed the limits as specified in
2098	subparagraph 2.
2099	5.  The Florida Energy and Climate Commission shall
2100	determine and publish on a regular basis the amount of sales tax
2101	funds remaining in each fiscal year.
2102	6.  This paragraph expires July 1, 2010.
2103	Section 36.  Section 570.074, Florida Statutes, is amended
2104	to read:
2105	570.074  Department of Agriculture and Consumer Services;
2106	energy and water policy coordination.-The commissioner may
2107	create an Office of Energy and Water Coordination under the
2108	supervision of a senior manager exempt under s. 110.205 in the
2109	Senior Management Service. The commissioner may designate the
2110	bureaus and positions in the various organizational divisions of
2111	the department that report to this office relating to any matter
2112	over which the department has jurisdiction in matters relating
2113	to energy and water policy affecting agriculture, application of
2114	such policies, and coordination of such matters with state and
2115	federal agencies.
2116	Section 37.  Sections 366.85, 377.806, and 526.207, Florida
2117	Statutes, are repealed.
2118	Section 38.  This act shall take effect July 1, 2011.

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