Florida Senate - 2012                                    SB 2094
       By the Committee on Communications, Energy, and Public Utilities
       579-02666-12                                          20122094__
    1                        A bill to be entitled                      
    2         An act relating to energy; amending s. 186.801, F.S.;
    3         adding factors for the Public Service Commission to
    4         consider in reviewing the 10-year site plans submitted
    5         to the commission by electric utilities; amending s.
    6         212.08, F.S.; providing definitions; providing a sales
    7         tax exemption for materials used in the distribution
    8         of biodiesel, ethanol, and other renewable fuels;
    9         specifying duties of the Department of Agriculture and
   10         Consumer Services in evaluating and approving
   11         applications for the exemption; authorizing the
   12         department to adopt rules; providing for future
   13         expiration of the tax exemption; amending s. 220.192,
   14         F.S., relating to the renewable energy technologies
   15         investment tax credit; revising definitions and
   16         defining the term “renewable fuel”; increasing the
   17         amount of available tax credit each fiscal year;
   18         extending the period during which the renewable energy
   19         technologies investment tax credit is available;
   20         deleting provisions authorizing a credit for hydrogen
   21         powered vehicles and fuel cells; authorizing the
   22         Department of Agriculture and Consumer Services to
   23         adopt rules; amending s. 220.193, F.S., relating to
   24         the Florida renewable energy production credit;
   25         extending the period during which the credit is
   26         available; specifying the amount that each applicant
   27         is eligible to receive in tax credits; amending s.
   28         255.257, F.S.; requiring the Department of Management
   29         Services to adopt rules for the state energy
   30         management plan, in coordination with the Department
   31         of Agriculture and Consumer Services; revising the
   32         requirements for the state energy management plan;
   33         requiring standard and uniform benchmark measures;
   34         amending s. 288.106, F.S.; redefining the term “target
   35         industry business,” for purposes of a tax refund
   36         program, to exclude certain electrical utilities;
   37         creating s. 366.94, F.S.; exempting from regulation
   38         under ch. 366, F.S., the sale of electricity to the
   39         public for the purpose of electric vehicle charging
   40         stations; requiring the Florida Building Commission,
   41         in coordination with the Department of Agriculture and
   42         Consumer Services and the Public Service Commission,
   43         to adopt rules to provide uniform standards for
   44         building electric vehicle charging stations; providing
   45         that the development of uniform standards is preempted
   46         to the state; requiring the Department of Agriculture
   47         and Consumer Services to develop rules for sales at
   48         electric vehicle charging stations; requiring that the
   49         Public Service Commission study the effects of
   50         charging stations on energy consumption in the state
   51         and the effects on the grid; prohibiting the
   52         obstruction of a parking space at an electric vehicle
   53         charging station; providing a penalty; amending s.
   54         403.519, F.S.; requiring the Public Service Commission
   55         to consider the need to improve the balance of power
   56         plant fuel diversity and reduce Florida’s dependence
   57         on natural gas when determining the need for a
   58         proposed power plant; amending s. 581.083, F.S.;
   59         including algae and blue-green algae in provisions on
   60         permitting related to nonnative plants; clarifying
   61         exemption provisions; providing greater flexibility in
   62         reducing the amount of bond required; requiring the
   63         Department of Agriculture and Consumer Services to
   64         conduct a statewide forest inventory; requiring the
   65         Department of Agriculture and Consumer Services to
   66         work with other specified entities to develop
   67         information on cost savings for energy efficiency and
   68         conservation measures and post it on the department’s
   69         website; requiring the Public Service Commission to
   70         evaluate the provisions in the Florida Energy
   71         Efficiency and Conservation Act; requiring reports to
   72         the Legislature and the Executive Office of the
   73         Governor; providing an effective date.
   75  Be It Enacted by the Legislature of the State of Florida:
   77         Section 1. Subsection (2) of section 186.801, Florida
   78  Statutes, is amended to read:
   79         186.801 Ten-year site plans.—
   80         (2) Within 9 months after the receipt of the proposed plan,
   81  the commission shall make a preliminary study of such plan and
   82  classify it as “suitable” or “unsuitable.” The commission may
   83  suggest alternatives to the plan. All findings of the commission
   84  shall be made available to the Department of Environmental
   85  Protection for its consideration at any subsequent electrical
   86  power plant site certification proceedings. It is recognized
   87  that 10-year site plans submitted by an electric utility are
   88  tentative information for planning purposes only and may be
   89  amended at any time at the discretion of the utility upon
   90  written notification to the commission. A complete application
   91  for certification of an electrical power plant site under
   92  chapter 403, when such site is not designated in the current 10
   93  year site plan of the applicant, shall constitute an amendment
   94  to the 10-year site plan. In its preliminary study of each 10
   95  year site plan, the commission shall consider such plan as a
   96  planning document and shall review:
   97         (a) The need, including the need as determined by the
   98  commission, for electrical power in the area to be served.
   99         (b) The effect on fuel diversity within the state.
  100         (c) The anticipated environmental impact of each proposed
  101  electrical power plant site.
  102         (d) Possible alternatives to the proposed plan.
  103         (e) The views of appropriate local, state, and federal
  104  agencies, including the views of the appropriate water
  105  management district as to the availability of water and its
  106  recommendation as to the use by the proposed plant of salt water
  107  or fresh water for cooling purposes.
  108         (f) The extent to which the plan is consistent with the
  109  state comprehensive plan.
  110         (g) The plan with respect to the information of the state
  111  on energy availability and consumption.
  112         (h) The amount of renewable energy resources the provider
  113  produces or purchases.
  114         (i) The amount of renewable energy resources the provider
  115  plans to produce or purchase over the 10-year planning horizon
  116  and the means by which the production or purchases will be
  117  achieved.
  118         (j) A statement describing how the production and purchase
  119  of renewable energy resources impact the provider’s present and
  120  future capacity and energy needs.
  121         Section 2. Paragraph (hhh) is added to subsection (7) of
  122  section 212.08, Florida Statutes, to read:
  123         212.08 Sales, rental, use, consumption, distribution, and
  124  storage tax; specified exemptions.—The sale at retail, the
  125  rental, the use, the consumption, the distribution, and the
  126  storage to be used or consumed in this state of the following
  127  are hereby specifically exempt from the tax imposed by this
  128  chapter.
  129         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  130  entity by this chapter do not inure to any transaction that is
  131  otherwise taxable under this chapter when payment is made by a
  132  representative or employee of the entity by any means,
  133  including, but not limited to, cash, check, or credit card, even
  134  when that representative or employee is subsequently reimbursed
  135  by the entity. In addition, exemptions provided to any entity by
  136  this subsection do not inure to any transaction that is
  137  otherwise taxable under this chapter unless the entity has
  138  obtained a sales tax exemption certificate from the department
  139  or the entity obtains or provides other documentation as
  140  required by the department. Eligible purchases or leases made
  141  with such a certificate must be in strict compliance with this
  142  subsection and departmental rules, and any person who makes an
  143  exempt purchase with a certificate that is not in strict
  144  compliance with this subsection and the rules is liable for and
  145  shall pay the tax. The department may adopt rules to administer
  146  this subsection.
  147         (hhh) Equipment, machinery, and other materials for
  148  renewable energy technologies.
  149         1.As used in this paragraph, the term:
  150         a.“Biodiesel” means the mono-alkyl esters of long-chain
  151  fatty acids derived from plant or animal matter for use as a
  152  source of energy and meeting the specifications for biodiesel
  153  and biodiesel blends with petroleum products as adopted by rule
  154  of the Department of Agriculture and Consumer Services.
  155  Biodiesel may refer to biodiesel blends designated BXX, where XX
  156  represents the volume percentage of biodiesel fuel in the blend.
  157         b. “Ethanol” means an anhydrous denatured alcohol produced
  158  by the conversion of carbohydrates meeting the specifications
  159  for fuel ethanol and fuel ethanol blends with petroleum products
  160  as adopted by rule of the Department of Agriculture and Consumer
  161  Services. Ethanol may refer to fuel ethanol blends designated
  162  EXX, where XX represents the volume percentage of fuel ethanol
  163  in the blend.
  164         c. “Renewable fuel” means a fuel that has been approved by
  165  the United States Environmental Protection Agency, that is
  166  produced from biomass as defined in s. 366.91(2)(a), and that is
  167  used to replace or reduce the quantity of fossil fuel present in
  168  a transportation fuel.
  169         2. The sale or use of the following materials in the state
  170  is exempt from the tax imposed by this chapter. Materials used
  171  in the distribution of biodiesel (B10-B100), ethanol (E10-E100),
  172  and other renewable fuels, including fueling infrastructure,
  173  transportation, and storage, are exempt up to a limit of $1
  174  million in tax each state fiscal year for all taxpayers.
  175  Gasoline fueling station pump retrofits for biodiesel (B10
  176  B100), ethanol (E10-E100), and other renewable fuels
  177  distribution qualify for the exemption provided in this
  178  paragraph.
  179         3. The Department of Agriculture and Consumer Services
  180  shall provide to the department a list of items eligible for the
  181  exemption provided in this paragraph.
  182         4.a. The exemption provided in this paragraph is available
  183  to a purchaser only through a refund of previously paid taxes.
  184  An eligible item is subject to refund one time. A person who has
  185  received a refund on an eligible item must notify the next
  186  purchaser of the item that the item is not eligible for a refund
  187  of paid taxes. The notification must be provided to each
  188  subsequent purchaser on the sales invoice or other proof of
  189  purchase.
  190         b. To be eligible to receive the exemption provided in this
  191  paragraph, a purchaser must file an application with the
  192  Department of Agriculture and Consumer Services. The application
  193  shall be developed by the Department of Agriculture and Consumer
  194  Services, in consultation with the department, and must require:
  195         (I) The name and address of the person claiming the refund.
  196         (II) A specific description of the purchase for which a
  197  refund is sought, including, when applicable, a serial number or
  198  other permanent identification number.
  199         (III) The sales invoice or other proof of purchase showing
  200  the amount of sales tax paid, the date of purchase, and the name
  201  and address of the sales tax dealer from whom the property was
  202  purchased.
  203         (IV) A sworn statement that the information provided is
  204  accurate and that the requirements of this paragraph have been
  205  met.
  206         c. Within 30 days after receipt of an application, the
  207  Department of Agriculture and Consumer Services shall evaluate
  208  the application and notify the applicant of any deficiencies.
  209  Upon receipt of a completed application, the Department of
  210  Agriculture and Consumer Services shall evaluate the application
  211  for the exemption and issue a written certification that the
  212  applicant is eligible for a refund or issue a written denial of
  213  the certification. The Department of Agriculture and Consumer
  214  Services shall provide the department a copy of each
  215  certification issued upon approval of an application.
  216         d. Each certified applicant is responsible for forwarding a
  217  certified copy of the application and copies of all required
  218  documentation to the department within 6 months after
  219  certification by the Department of Agriculture and Consumer
  220  Services.
  221         e. A refund approved pursuant to this paragraph must be
  222  made within 30 days after approval by the department.
  223         f. The Department of Agriculture and Consumer Services may
  224  adopt by rule the form for the application for a certificate,
  225  requirements for the content and format of information submitted
  226  to the Department of Agriculture and Consumer Services in
  227  support of the application, other procedural requirements, and
  228  criteria by which the application will be determined. The
  229  department may adopt all other rules pursuant to ss. 120.536(1)
  230  and 120.54 to administer this paragraph, including rules
  231  establishing additional forms and procedures for claiming the
  232  exemption.
  233         g. The Department of Agriculture and Consumer Services
  234  shall ensure that the total amount of the exemptions authorized
  235  do not exceed the limits specified in subparagraph 2.
  236         5. Approval of the exemptions under this paragraph is on a
  237  first-come, first-served basis, based upon the date complete
  238  applications are received by the Department of Agriculture and
  239  Consumer Services. Incomplete placeholder applications will not
  240  be accepted and will not secure a place in the first-come,
  241  first-served application line. The Department of Agriculture and
  242  Consumer Services shall determine and publish on its website on
  243  a regular basis the amount of sales tax funds remaining in each
  244  fiscal year.
  245         6. This paragraph expires July 1, 2016.
  246         Section 3. Subsections (1), (2), (6), (7), and (8) of
  247  section 220.192, Florida Statutes, is amended to read:
  248         220.192 Renewable energy technologies investment tax
  249  credit.—
  250         (1) DEFINITIONS.—For purposes of this section, the term:
  251         (a) “Biodiesel” means biodiesel as defined in s.
  252  212.08(7)(hhh) former s. 212.08(7)(ccc).
  253         (b) “Corporation” includes a general partnership, limited
  254  partnership, limited liability company, unincorporated business,
  255  or other business entity, including entities taxed as
  256  partnerships for federal income tax purposes.
  257         (c) “Eligible costs” means:
  258         1. Seventy-five percent of all capital costs, operation and
  259  maintenance costs, and research and development costs incurred
  260  between July 1, 2006, and June 30, 2010, up to a limit of $3
  261  million per state fiscal year for all taxpayers, in connection
  262  with an investment in hydrogen-powered vehicles and hydrogen
  263  vehicle fueling stations in the state, including, but not
  264  limited to, the costs of constructing, installing, and equipping
  265  such technologies in the state.
  266         2. Seventy-five percent of all capital costs, operation and
  267  maintenance costs, and research and development costs incurred
  268  between July 1, 2006, and June 30, 2010, up to a limit of $1.5
  269  million per state fiscal year for all taxpayers, and limited to
  270  a maximum of $12,000 per fuel cell, in connection with an
  271  investment in commercial stationary hydrogen fuel cells in the
  272  state, including, but not limited to, the costs of constructing,
  273  installing, and equipping such technologies in the state.
  274         3. seventy-five percent of all capital costs, operation and
  275  maintenance costs, and research and development costs incurred
  276  between July 1, 2012, and July 1, 2016 July 1, 2006, and June
  277  30, 2010, up to a limit of $10 $6.5 million per state fiscal
  278  year for all taxpayers, in connection with an investment in the
  279  production, storage, and distribution of biodiesel (B10-B100),
  280  and ethanol (E10-E100), and renewable fuel in the state,
  281  including the costs of constructing, installing, and equipping
  282  such technologies in the state. Gasoline fueling station pump
  283  retrofits for ethanol (E10-E100) distribution qualify as an
  284  eligible cost under this subparagraph. Each applicant is
  285  eligible to receive up to $1 million in tax credits.
  286         (d) “Ethanol” means ethanol as defined in s. 212.08(7)(hhh)
  287  former s. 212.08(7)(ccc).
  288         (e)“Renewable fuel” means a fuel that has been approved by
  289  the United States Environmental Protection Agency, that is
  290  produced from biomass as defined in s. 366.91(2)(a), and that is
  291  used to replace or reduce the quantity of fossil fuel present in
  292  a transportation fuel.
  293         (e) “Hydrogen fuel cell” means hydrogen fuel cell as
  294  defined in former s. 212.08(7)(ccc).
  295         (f) “Taxpayer” includes a corporation as defined in
  296  paragraph (b) or s. 220.03.
  297         (2) TAX CREDIT.—For tax years beginning on or after January
  298  1, 2013 January 1, 2007, a credit against the tax imposed by
  299  this chapter shall be granted in an amount equal to the eligible
  300  costs. Credits may be used in tax years beginning January 1,
  301  2013 January 1, 2007, and ending December 31, 2016 December 31,
  302  2010, after which the credit shall expire. If the credit is not
  303  fully used in any one tax year because of insufficient tax
  304  liability on the part of the corporation, the unused amount may
  305  be carried forward and used in tax years beginning January 1,
  306  2013 January 1, 2007, and ending December 31, 2018 December 31,
  307  2012, after which the credit carryover expires and may not be
  308  used. A taxpayer that files a consolidated return in this state
  309  as a member of an affiliated group under s. 220.131(1) may be
  310  allowed the credit on a consolidated return basis up to the
  311  amount of tax imposed upon the consolidated group. Any eligible
  312  cost for which a credit is claimed and which is deducted or
  313  otherwise reduces federal taxable income shall be added back in
  314  computing adjusted federal income under s. 220.13.
  316         (a) For tax years beginning on or after January 1, 2014
  317  January 1, 2009, any corporation or subsequent transferee
  318  allowed a tax credit under this section may transfer the credit,
  319  in whole or in part, to any taxpayer by written agreement
  320  without transferring any ownership interest in the property
  321  generating the credit or any interest in the entity owning such
  322  property. The transferee is entitled to apply the credits
  323  against the tax with the same effect as if the transferee had
  324  incurred the eligible costs.
  325         (b) To perfect the transfer, the transferor shall provide
  326  the Department of Revenue with a written transfer statement
  327  notifying the Department of Revenue of the transferor’s intent
  328  to transfer the tax credits to the transferee; the date the
  329  transfer is effective; the transferee’s name, address, and
  330  federal taxpayer identification number; the tax period; and the
  331  amount of tax credits to be transferred. The Department of
  332  Revenue shall, upon receipt of a transfer statement conforming
  333  to the requirements of this section, provide the transferee with
  334  a certificate reflecting the tax credit amounts transferred. A
  335  copy of the certificate must be attached to each tax return for
  336  which the transferee seeks to apply such tax credits.
  337         (c) A tax credit authorized under this section that is held
  338  by a corporation and not transferred under this subsection shall
  339  be passed through to the taxpayers designated as partners,
  340  members, or owners, respectively, in the manner agreed to by
  341  such persons regardless of whether such partners, members, or
  342  owners are allocated or allowed any portion of the federal
  343  energy tax credit for the eligible costs. A corporation that
  344  passes the credit through to a partner, member, or owner must
  345  comply with the notification requirements described in paragraph
  346  (b). The partner, member, or owner must attach a copy of the
  347  certificate to each tax return on which the partner, member, or
  348  owner claims any portion of the credit.
  349         (7) RULES.—The Department of Revenue in coordination with
  350  the Department of Agriculture and Consumer Services shall have
  351  the authority to adopt rules pursuant to ss. 120.536(1) and
  352  120.54 to administer this section, including rules relating to:
  353         (a) The forms required to claim a tax credit under this
  354  section, the requirements and basis for establishing an
  355  entitlement to a credit, and the examination and audit
  356  procedures required to administer this section.
  357         (b) The implementation and administration of the provisions
  358  allowing a transfer of a tax credit, including rules prescribing
  359  forms, reporting requirements, and specific procedures,
  360  guidelines, and requirements necessary to transfer a tax credit.
  361         (8) PUBLICATION.—The Department of Agriculture and Consumer
  362  Services shall determine and publish on its website on a regular
  363  basis the amount of available tax credits remaining in each
  364  fiscal year.
  365         Section 4. Section 220.193, Florida Statutes, is amended to
  366  read:
  367         220.193 Florida renewable energy production credit.—
  368         (1) The purpose of this section is to encourage the
  369  development and expansion of facilities that produce renewable
  370  energy in Florida.
  371         (2) As used in this section, the term:
  372         (a) “Commission” shall mean the Public Service Commission.
  373         (b) “Department” shall mean the Department of Revenue.
  374         (c) “Expanded facility” shall mean a Florida renewable
  375  energy facility that increases its electrical production and
  376  sale by more than 5 percent above the facility’s electrical
  377  production and sale during the 2011 2005 calendar year.
  378         (d) “Florida renewable energy facility” shall mean a
  379  facility in the state that produces electricity for sale from
  380  renewable energy, as defined in s. 377.803.
  381         (e) “New facility” shall mean a Florida renewable energy
  382  facility that is operationally placed in service after May 1,
  383  2012 2006.
  384         (f) “Sale” or “sold” includes the use of electricity by the
  385  producer of such electricity which decreases the amount of
  386  electricity that the producer would otherwise have to purchase.
  387         (g) “Taxpayer” includes a general partnership, limited
  388  partnership, limited liability company, trust, or other
  389  artificial entity in which a corporation, as defined in s.
  390  220.03(1)(e), owns an interest and is taxed as a partnership or
  391  is disregarded as a separate entity from the corporation under
  392  this chapter.
  393         (3) An annual credit against the tax imposed by this
  394  section shall be allowed to a taxpayer, based on the taxpayer’s
  395  production and sale of electricity from a new or expanded
  396  Florida renewable energy facility. For a new facility, the
  397  credit shall be based on the taxpayer’s sale of the facility’s
  398  entire electrical production. For an expanded facility, the
  399  credit shall be based on the increases in the facility’s
  400  electrical production that are achieved after May 1, 2012 2006.
  401  Each applicant is eligible to receive up to $500,000 in tax
  402  credits.
  403         (a) The credit shall be $0.01 for each kilowatt-hour of
  404  electricity produced and sold by the taxpayer to an unrelated
  405  party during a given tax year.
  406         (b) The credit may be claimed for electricity produced and
  407  sold on or after January 1, 2013 2007. Beginning in 2014 2008
  408  and continuing until 2017 2011, each taxpayer claiming a credit
  409  under this section must first apply to the department by
  410  February 1 of each year for an allocation of available credit.
  411  The department, in consultation with the commission, shall
  412  develop an application form. The application form shall, at a
  413  minimum, require a sworn affidavit from each taxpayer certifying
  414  the increase in production and sales that form the basis of the
  415  application and certifying that all information contained in the
  416  application is true and correct.
  417         (c) If the amount of credits applied for each year exceeds
  418  $5 million, the department shall award to each applicant a
  419  prorated amount based on each applicant’s increased production
  420  and sales and the increased production and sales of all
  421  applicants.
  422         (d) If the credit granted pursuant to this section is not
  423  fully used in one year because of insufficient tax liability on
  424  the part of the taxpayer, the unused amount may be carried
  425  forward for a period not to exceed 5 years. The carryover credit
  426  may be used in a subsequent year when the tax imposed by this
  427  chapter for such year exceeds the credit for such year, after
  428  applying the other credits and unused credit carryovers in the
  429  order provided in s. 220.02(8).
  430         (e) A taxpayer that files a consolidated return in this
  431  state as a member of an affiliated group under s. 220.131(1) may
  432  be allowed the credit on a consolidated return basis up to the
  433  amount of tax imposed upon the consolidated group.
  434         (f)1. Tax credits that may be available under this section
  435  to an entity eligible under this section may be transferred
  436  after a merger or acquisition to the surviving or acquiring
  437  entity and used in the same manner with the same limitations.
  438         2. The entity or its surviving or acquiring entity as
  439  described in subparagraph 1. may transfer any unused credit in
  440  whole or in units of no less than 25 percent of the remaining
  441  credit. The entity acquiring such credit may use it in the same
  442  manner and with the same limitations under this section. Such
  443  transferred credits may not be transferred again although they
  444  may succeed to a surviving or acquiring entity subject to the
  445  same conditions and limitations as described in this section.
  446         3. In the event the credit provided for under this section
  447  is reduced as a result of an examination or audit by the
  448  department, such tax deficiency shall be recovered from the
  449  first entity or the surviving or acquiring entity to have
  450  claimed such credit up to the amount of credit taken. Any
  451  subsequent deficiencies shall be assessed against any entity
  452  acquiring and claiming such credit, or in the case of multiple
  453  succeeding entities in the order of credit succession.
  454         (g) Notwithstanding any other provision of this section,
  455  credits for the production and sale of electricity from a new or
  456  expanded Florida renewable energy facility may be earned between
  457  January 1, 2013 2007, and June 30, 2016 2010. The combined total
  458  amount of tax credits which may be granted for all taxpayers
  459  under this section is limited to $5 million per state fiscal
  460  year.
  461         (h) A taxpayer claiming a credit under this section shall
  462  be required to add back to net income that portion of its
  463  business deductions claimed on its federal return paid or
  464  incurred for the taxable year which is equal to the amount of
  465  the credit allowable for the taxable year under this section.
  466         (i) A taxpayer claiming credit under this section may not
  467  claim a credit under s. 220.192. A taxpayer claiming credit
  468  under s. 220.192 may not claim a credit under this section.
  469         (j) When an entity treated as a partnership or a
  470  disregarded entity under this chapter produces and sells
  471  electricity from a new or expanded renewable energy facility,
  472  the credit earned by such entity shall pass through in the same
  473  manner as items of income and expense pass through for federal
  474  income tax purposes. When an entity applies for the credit and
  475  the entity has received the credit by a pass-through, the
  476  application must identify the taxpayer that passed the credit
  477  through, all taxpayers that received the credit, and the
  478  percentage of the credit that passes through to each recipient
  479  and must provide other information that the department requires.
  480         (k) A taxpayer’s use of the credit granted pursuant to this
  481  section does not reduce the amount of any credit available to
  482  such taxpayer under s. 220.186.
  483         (4) The department may adopt rules to implement and
  484  administer this section, including rules prescribing forms, the
  485  documentation needed to substantiate a claim for the tax credit,
  486  and the specific procedures and guidelines for claiming the
  487  credit.
  488         (5) This section shall take effect upon becoming law and
  489  shall apply to tax years beginning on and after January 1, 2013
  490  2007.
  491         Section 5. Section 255.257, Florida Statutes, is amended to
  492  read:
  493         255.257 Energy management; buildings occupied by state
  494  agencies.—
  495         (1) ENERGY CONSUMPTION AND COST DATA.—Each state agency
  496  shall collect data on energy consumption and cost. The data
  497  gathered shall be on state-owned facilities and metered state
  498  leased facilities that are used by the state and are 5,000
  499  square feet or more of conditioned space of 5,000 net square
  500  feet or more. These data will be used in the computation of the
  501  effectiveness of the state energy management plan and the
  502  effectiveness of the energy management program of each of the
  503  state agencies. Collected data shall be reported annually to the
  504  department in a format prescribed by the department.
  505         (2) ENERGY MANAGEMENT COORDINATORS.—Each state agency, the
  506  Florida Public Service Commission, the Department of Military
  507  Affairs, and the judicial branch shall appoint a coordinator
  508  whose responsibility shall be to advise the head of the state
  509  agency on matters relating to energy consumption in facilities
  510  under the control of that head or in space occupied by the
  511  various units comprising that state agency, in vehicles operated
  512  by that state agency, and in other energy-consuming activities
  513  of the state agency. The coordinator shall implement the energy
  514  management program agreed upon by the state agency concerned and
  515  assist the department in the development of the State Energy
  516  Management Plan.
  518  Department of Management Services, in coordination with the
  519  Department of Agriculture and Consumer Services, shall adopt
  520  rules and forms for the development of the develop a state
  521  energy management plan consisting of, but not limited to, the
  522  following elements:
  523         (a) Data-gathering requirements;
  524         (b)Standard and uniform benchmark requirements as a
  525  measure to evaluate the energy efficiency of state-owned and
  526  state-leased buildings;
  527         (c)(b) Building energy audit procedures;
  528         (d)(c)Standard and uniform data analysis and reporting
  529  procedures;
  530         (e)(d) Employee energy education program measures;
  531         (f)(e) Energy consumption reduction techniques;
  532         (g)(f) Training program for state agency energy management
  533  coordinators; and
  534         (h)(g) Guidelines for building managers.
  536  The plan shall include a description of actions that state
  537  agencies shall take to reduce consumption of electricity and
  538  nonrenewable energy sources used for space heating and cooling,
  539  ventilation, lighting, water heating, and transportation.
  540         (4) ADOPTION OF STANDARDS.—
  541         (a) Each All state agency agencies shall adopt a standard
  542  and uniform statewide sustainable building rating system or use
  543  a national model green building code for all new buildings and
  544  renovations to existing buildings.
  545         (b) A No state agency may not shall enter into new leasing
  546  agreements for office space that does not meet Energy Star
  547  building standards, except when the appropriate state agency
  548  head determines that no other viable or cost-effective
  549  alternative exists.
  550         (c) Each All state agency agencies shall develop energy
  551  conservation measures and guidelines for new and existing office
  552  space where state agencies occupy more than 5,000 square feet or
  553  more of conditioned space. These conservation measures shall
  554  focus on programs that may reduce energy consumption and, when
  555  established, provide a net reduction in occupancy costs.
  556         Section 6. Paragraph (q) of subsection (2) of section
  557  288.106, Florida Statutes, is amended to read:
  558         288.106 Tax refund program for qualified target industry
  559  businesses.—
  560         (2) DEFINITIONS.—As used in this section:
  561         (q) “Target industry business” means a corporate
  562  headquarters business or any business that is engaged in one of
  563  the target industries identified pursuant to the following
  564  criteria developed by the department in consultation with
  565  Enterprise Florida, Inc.:
  566         1. Future growth.—Industry forecasts should indicate strong
  567  expectation for future growth in both employment and output,
  568  according to the most recent available data. Special
  569  consideration should be given to businesses that export goods
  570  to, or provide services in, international markets and businesses
  571  that replace domestic and international imports of goods or
  572  services.
  573         2. Stability.—The industry should not be subject to
  574  periodic layoffs, whether due to seasonality or sensitivity to
  575  volatile economic variables such as weather. The industry should
  576  also be relatively resistant to recession, so that the demand
  577  for products of this industry is not typically subject to
  578  decline during an economic downturn.
  579         3. High wage.—The industry should pay relatively high wages
  580  compared to statewide or area averages.
  581         4. Market and resource independent.—The location of
  582  industry businesses should not be dependent on Florida markets
  583  or resources as indicated by industry analysis, except for
  584  businesses in the renewable energy industry.
  585         5. Industrial base diversification and strengthening.—The
  586  industry should contribute toward expanding or diversifying the
  587  state’s or area’s economic base, as indicated by analysis of
  588  employment and output shares compared to national and regional
  589  trends. Special consideration should be given to industries that
  590  strengthen regional economies by adding value to basic products
  591  or building regional industrial clusters as indicated by
  592  industry analysis. Special consideration should also be given to
  593  the development of strong industrial clusters that include
  594  defense and homeland security businesses.
  595         6. Positive economic impact.—The industry is expected to
  596  have strong positive economic impacts on or benefits to the
  597  state or regional economies. Special consideration should be
  598  given to industries that facilitate the development of the state
  599  as a hub for domestic and global trade and logistics.
  601  The term does not include any business engaged in retail
  602  industry activities; any electrical utility company as defined
  603  in s. 366.02(2); any phosphate or other solid minerals
  604  severance, mining, or processing operation; any oil or gas
  605  exploration or production operation; or any business subject to
  606  regulation by the Division of Hotels and Restaurants of the
  607  Department of Business and Professional Regulation. Any business
  608  within NAICS code 5611 or 5614, office administrative services
  609  and business support services, respectively, may be considered a
  610  target industry business only after the local governing body and
  611  Enterprise Florida, Inc., make a determination that the
  612  community where the business may locate has conditions affecting
  613  the fiscal and economic viability of the local community or
  614  area, including but not limited to, factors such as low per
  615  capita income, high unemployment, high underemployment, and a
  616  lack of year-round stable employment opportunities, and such
  617  conditions may be improved by the location of such a business to
  618  the community. By January 1 of every 3rd year, beginning January
  619  1, 2011, the department, in consultation with Enterprise
  620  Florida, Inc., economic development organizations, the State
  621  University System, local governments, employee and employer
  622  organizations, market analysts, and economists, shall review
  623  and, as appropriate, revise the list of such target industries
  624  and submit the list to the Governor, the President of the
  625  Senate, and the Speaker of the House of Representatives.
  626         Section 7. Section 366.94, Florida Statutes, is created to
  627  read:
  628         366.94Electric vehicle charging stations.—
  629         (1) Providing electric vehicle charging service to the
  630  public is not the retail sale of electricity for the purposes of
  631  this chapter and the rates, terms, and conditions of electric
  632  vehicle charging services are not subject to regulation under
  633  this chapter regardless of the provider. This section does not
  634  affect the ability of an individual, business, or governmental
  635  entity to acquire, install, or use an electric vehicle charger
  636  for its own use for its own vehicle.
  637         (2) The Florida Building Commission, in coordination with
  638  the Department of Agriculture and Consumer Services and the
  639  Public Service Commission, shall develop rules to provide
  640  uniform standards for building and electric codes, local
  641  permitting, and the installation of electric vehicle charging
  642  stations. The development of these standards is expressly
  643  preempted to the state and any local governmental entity
  644  enforcing the subject areas of the standards established by this
  645  section must use the standards set forth pursuant to this
  646  section.
  647         (3) The Department of Agriculture and Consumer Services
  648  shall adopt rules to provide definitions, methods of sale,
  649  labeling requirements, and price-posting requirements for
  650  electric vehicle charging stations in order to provide
  651  consistency for consumers and the industry.
  652         (4) The Public Service Commission shall conduct a study of
  653  the effects of the charging stations on energy consumption in
  654  this state and the effects on the grid. The Public Service
  655  Commission shall also investigate the feasibility of using off
  656  grid solar photovoltaic power as a source of electricity for
  657  electric vehicle charging stations.
  658         (5) It is unlawful for a person to stop, stand, or park a
  659  vehicle that is not capable of using an electrical recharging
  660  station within any parking space specifically designated for
  661  charging an electric vehicle. If a law enforcement officer finds
  662  a motor vehicle in violation of this subsection, the officer or
  663  specialist shall charge the operator or other person in charge
  664  of the vehicle in violation with a noncriminal traffic
  665  infraction, punishable as provided in s. 316.008(4) or s.
  666  318.18.
  667         Section 8. Subsection (3) of section 403.519, Florida
  668  Statutes, is amended to read:
  669         403.519 Exclusive forum for determination of need.—
  670         (3) The commission is shall be the sole forum for the
  671  determination of this matter, which accordingly may shall not be
  672  raised in any other forum or in the review of proceedings in
  673  such other forum. In making its determination, the commission
  674  shall take into account the need for electric system reliability
  675  and integrity, the need for adequate electricity at a reasonable
  676  cost, the need to improve the balance of power plant fuel
  677  diversity and reduce the state’s dependence on natural gas, fuel
  678  for fuel diversity and supply reliability, whether the proposed
  679  plant is the most cost-effective alternative available, and
  680  whether renewable energy sources and technologies, as well as
  681  conservation measures, are used utilized to the extent
  682  reasonably available. The commission shall also expressly
  683  consider the conservation measures taken by or reasonably
  684  available to the applicant or its members which might mitigate
  685  the need for the proposed plant and other matters within its
  686  jurisdiction which it deems relevant. The commission’s
  687  determination of need for an electrical power plant creates
  688  shall create a presumption of public need and necessity and
  689  serves shall serve as the commission’s report required by s.
  690  403.507(4). An order entered pursuant to this section
  691  constitutes final agency action.
  692         Section 9. Subsection (4) of section 581.083, Florida
  693  Statutes, is amended to read:
  694         581.083 Introduction or release of plant pests, noxious
  695  weeds, or organisms affecting plant life; cultivation of
  696  nonnative plants; special permit and security required.—
  697         (4) A person may not cultivate a nonnative plant, algae, or
  698  blue-green algae, including a genetically engineered plant,
  699  algae, or blue-green algae or a plant that has been introduced,
  700  for purposes of fuel production or purposes other than
  701  agriculture in plantings greater in size than 2 contiguous
  702  acres, except under a special permit issued by the department
  703  through the division, which is the sole agency responsible for
  704  issuing such special permits. The Such a permit is shall not be
  705  required if the department determines, after consulting in
  706  conjunction with the Institute of Food and Agricultural Sciences
  707  at the University of Florida, that, based on experience or
  708  research data, the nonnative plant, algae, or blue-green algae
  709  does not pose a known threat of becoming an is not invasive
  710  species or a pest of plants or native fauna under conditions in
  711  this state, and if the department and subsequently exempts the
  712  plant by rule.
  713         (a)1. Each application for a special permit must be
  714  accompanied by a fee as described in subsection (2) and proof
  715  that the applicant has obtained, on a form approved by the
  716  department, a bond in the form approved by the department and
  717  issued by a surety company admitted to do business in this
  718  state, or a certificate of deposit, or other type of security
  719  adopted by rule of the department which provides a financial
  720  assurance of cost-recovery for the removal of a planting. The
  721  application must include, on a form provided by the department,
  722  the name of the applicant and the applicant’s address or the
  723  address of the applicant’s principal place of business; a
  724  statement completely identifying the nonnative plant to be
  725  cultivated; and a statement of the estimated cost of removing
  726  and destroying the plant that is the subject of the special
  727  permit and the basis for calculating or determining that
  728  estimate. If the applicant is a corporation, partnership, or
  729  other business entity, the applicant must also provide in the
  730  application the name and address of each officer, partner, or
  731  managing agent. The applicant shall notify the department within
  732  10 business days after of any change of address or change in the
  733  principal place of business. The department shall mail all
  734  notices to the applicant’s last known address.
  735         2. As used in this subsection, the term “certificate of
  736  deposit” means a certificate of deposit at any recognized
  737  financial institution doing business in the United States. The
  738  department may not accept a certificate of deposit in connection
  739  with the issuance of a special permit unless the issuing
  740  institution is properly insured by the Federal Deposit Insurance
  741  Corporation or the Federal Savings and Loan Insurance
  742  Corporation.
  743         (b) Upon obtaining a permit, the permitholder may annually
  744  cultivate and maintain the nonnative plants as authorized by the
  745  special permit. If the permitholder ceases to maintain or
  746  cultivate the plants authorized by the special permit, if the
  747  permit expires, or if the permitholder ceases to abide by the
  748  conditions of the special permit, the permitholder shall
  749  immediately remove and destroy the plants that are subject to
  750  the permit, if any remain. The permitholder shall notify the
  751  department of the removal and destruction of the plants within
  752  10 days after such event.
  753         (c) If the department:
  754         1. Determines that the permitholder is no longer
  755  maintaining or cultivating the plants subject to the special
  756  permit and has not removed and destroyed the plants authorized
  757  by the special permit;
  758         2. Determines that the continued maintenance or cultivation
  759  of the plants presents an imminent danger to public health,
  760  safety, or welfare;
  761         3. Determines that the permitholder has exceeded the
  762  conditions of the authorized special permit; or
  763         4. Receives a notice of cancellation of the surety bond,
  765  the department may issue an immediate final order, which shall
  766  be immediately appealable or enjoinable as provided by chapter
  767  120, directing the permitholder to immediately remove and
  768  destroy the plants authorized to be cultivated under the special
  769  permit. A copy of the immediate final order must shall be mailed
  770  to the permitholder and to the surety company or financial
  771  institution that has provided security for the special permit,
  772  if applicable.
  773         (d) If, upon issuance by the department of an immediate
  774  final order to the permitholder, the permitholder fails to
  775  remove and destroy the plants subject to the special permit
  776  within 60 days after issuance of the order, or such shorter
  777  period as is designated in the order as public health, safety,
  778  or welfare requires, the department may enter the cultivated
  779  acreage and remove and destroy the plants that are the subject
  780  of the special permit. If the permitholder makes a written
  781  request to the department for an extension of time to remove and
  782  destroy the plants that demonstrates specific facts showing why
  783  the plants could not reasonably be removed and destroyed in the
  784  applicable timeframe, the department may extend the time for
  785  removing and destroying plants subject to a special permit. The
  786  reasonable costs and expenses incurred by the department for
  787  removing and destroying plants subject to a special permit shall
  788  be reimbursed to the department by the permitholder within 21
  789  days after the date the permitholder and the surety company or
  790  financial institution are served a copy of the department’s
  791  invoice for the costs and expenses incurred by the department to
  792  remove and destroy the cultivated plants, along with a notice of
  793  administrative rights, unless the permitholder or the surety
  794  company or financial institution object to the reasonableness of
  795  the invoice. In the event of an objection, the permitholder or
  796  surety company or financial institution is entitled to an
  797  administrative proceeding as provided by chapter 120. Upon entry
  798  of a final order determining the reasonableness of the incurred
  799  costs and expenses, the permitholder has shall have 15 days
  800  after following service of the final order to reimburse the
  801  department. Failure of the permitholder to timely reimburse the
  802  department for the incurred costs and expenses entitles the
  803  department to reimbursement from the applicable bond or
  804  certificate of deposit.
  805         (e) Each permitholder shall maintain for each separate
  806  growing location a bond or a certificate of deposit in an amount
  807  determined by the department, but not more less than 150 percent
  808  of the estimated cost of removing and destroying the cultivated
  809  plants. The bond or certificate of deposit may not exceed $5,000
  810  per acre, unless a higher amount is determined by the department
  811  to be necessary to protect the public health, safety, and
  812  welfare or unless an exemption is granted by the department
  813  based on conditions specified in the application which would
  814  preclude the department from incurring the cost of removing and
  815  destroying the cultivated plants and would prevent injury to the
  816  public health, safety, and welfare. The aggregate liability of
  817  the surety company or financial institution to all persons for
  818  all breaches of the conditions of the bond or certificate of
  819  deposit may not exceed the amount of the bond or certificate of
  820  deposit. The original bond or certificate of deposit required by
  821  this subsection must shall be filed with the department. A
  822  surety company shall give the department 30 days’ written notice
  823  of cancellation, by certified mail, in order to cancel a bond.
  824  Cancellation of a bond does not relieve a surety company of
  825  liability for paying to the department all costs and expenses
  826  incurred or to be incurred for removing and destroying the
  827  permitted plants covered by an immediate final order authorized
  828  under paragraph (c). A bond or certificate of deposit must be
  829  provided or assigned in the exact name in which an applicant
  830  applies for a special permit. The penal sum of the bond or
  831  certificate of deposit to be furnished to the department by a
  832  permitholder in the amount specified in this paragraph must
  833  guarantee payment of the costs and expenses incurred or to be
  834  incurred by the department for removing and destroying the
  835  plants cultivated under the issued special permit. The bond or
  836  certificate of deposit assignment or agreement must be upon a
  837  form prescribed or approved by the department and must be
  838  conditioned to secure the faithful accounting for and payment of
  839  all costs and expenses incurred by the department for removing
  840  and destroying all plants cultivated under the special permit.
  841  The bond or certificate of deposit assignment or agreement must
  842  include terms binding the instrument to the Commissioner of
  843  Agriculture. Such certificate of deposit shall be presented with
  844  an assignment of the permitholder’s rights in the certificate in
  845  favor of the Commissioner of Agriculture on a form prescribed by
  846  the department and with a letter from the issuing institution
  847  acknowledging that the assignment has been properly recorded on
  848  the books of the issuing institution and will be honored by the
  849  issuing institution. Such assignment is irrevocable while a
  850  special permit is in effect and for an additional period of 6
  851  months after termination of the special permit if operations to
  852  remove and destroy the permitted plants are not continuing and
  853  if the department’s invoice remains unpaid by the permitholder
  854  under the issued immediate final order. If operations to remove
  855  and destroy the plants are pending, the assignment remains in
  856  effect until all plants are removed and destroyed and the
  857  department’s invoice has been paid. The bond or certificate of
  858  deposit may be released by the assignee of the surety company or
  859  financial institution to the permitholder, or to the
  860  permitholder’s successors, assignee, or heirs, if operations to
  861  remove and destroy the permitted plants are not pending and no
  862  invoice remains unpaid at the conclusion of 6 months after the
  863  last effective date of the special permit. The department may
  864  not accept a certificate of deposit that contains any provision
  865  that would give to any person any prior rights or claim on the
  866  proceeds or principal of such certificate of deposit. The
  867  department shall determine by rule whether an annual bond or
  868  certificate of deposit will be required. The amount of such bond
  869  or certificate of deposit shall be increased, upon order of the
  870  department, at any time if the department finds such increase to
  871  be warranted by the cultivating operations of the permitholder.
  872  In the same manner, the amount of such bond or certificate of
  873  deposit may be decreased or removed when a decrease in the
  874  cultivating operations of the permitholder occurs or when
  875  research or practical field knowledge and observations indicate
  876  a low risk of invasiveness by the nonnative species warrants
  877  such decrease. Factors that may be considered to decrease or
  878  remove the bond or certificate-of-deposit requirements include
  879  multiple years or cycles of successful large-scale contained
  880  cultivation; observation of plant, algae, or blue-green algae
  881  that do not escape from managed areas; or science-based evidence
  882  that established or proved adjusted cultivation practices
  883  provide a similar level of containment of the nonnative plant,
  884  algae, or blue-green algae. This paragraph applies to any bond
  885  or certificate of deposit, regardless of the anniversary date of
  886  its issuance, expiration, or renewal.
  887         (f) In order to carry out the purposes of this subsection,
  888  the department or its agents may require from any permitholder
  889  verified statements of the cultivated acreage subject to the
  890  special permit and may review the permitholder’s business or
  891  cultivation records at her or his place of business during
  892  normal business hours in order to determine the acreage
  893  cultivated. The failure of a permitholder to furnish such
  894  statement, to make such records available, or to make and
  895  deliver a new or additional bond or certificate of deposit is
  896  cause for suspension of the special permit. If the department
  897  finds such failure to be willful, the special permit may be
  898  revoked.
  899         Section 10. The Department of Agriculture and Consumer
  900  Services shall conduct a comprehensive statewide forest
  901  inventory analysis and study, using a geographic information
  902  system, to identify where available biomass is located,
  903  determine the available biomass resources, and ensure forest
  904  sustainability within the state. The department shall submit the
  905  results of the study to the President of the Senate, the Speaker
  906  of the House of Representatives, and the Executive Office of the
  907  Governor by July 1, 2013.
  908         Section 11. The Office of Energy within the Department of
  909  Agriculture and Consumer Services, in consultation with the
  910  Public Service Commission, the Florida Building Commission, and
  911  the Florida Energy Systems Consortium, shall develop a
  912  clearinghouse of information regarding cost savings associated
  913  with various energy efficiency and conservation measures. The
  914  department shall post the information on its website by July 1,
  915  2013.
  916         Section 12. The Public Service Commission shall evaluate
  917  and prepare a report on the Florida Energy Efficiency and
  918  Conservation Act and determine if the act remains in the public
  919  interest. The evaluation must consider the costs to ratepayers,
  920  the incentives and disincentives associated with the provisions
  921  in the act, and if the programs create benefits without undue
  922  burden on the customer. The models and methods used to determine
  923  conservation goals must be specifically addressed in the report.
  924  The commission shall submit the report to the President of the
  925  Senate, the Speaker of the House of Representatives, and the
  926  Executive Office of the Governor by January 31, 2013.
  927         Section 13. This act shall take effect July 1, 2012.