Florida Senate - 2012                             CS for SB 2094
       By the Committees on Communications, Energy, and Public
       Utilities; and Communications, Energy, and Public Utilities
       579-02958A-12                                         20122094c1
    1                        A bill to be entitled                      
    2         An act relating to energy; amending s. 170.01, F.S.;
    3         authorizing a municipality to collect special
    4         assessments to pay the additional costs to purchase
    5         renewable energy for the municipality; amending s.
    6         186.801, F.S.; adding factors for the Public Service
    7         Commission to consider in reviewing the 10-year site
    8         plans submitted to the commission by electric
    9         utilities; amending s. 212.055, F.S.; providing for a
   10         portion of the proceeds of the local government
   11         infrastructure surtax to be used for financial
   12         assistance to homeowners who make energy efficiency
   13         improvements or install renewable energy devices;
   14         defining the terms “renewable energy devices” and
   15         “energy efficiency improvement”; amending s. 212.08,
   16         F.S.; providing definitions; providing a sales tax
   17         exemption for materials used in the distribution of
   18         biodiesel, ethanol, and other renewable fuels;
   19         specifying duties of the Department of Agriculture and
   20         Consumer Services in evaluating and approving
   21         applications for the exemption; authorizing the
   22         department to adopt rules; providing for future
   23         expiration of the tax exemption; amending s. 220.192,
   24         F.S., relating to the renewable energy technologies
   25         investment tax credit; revising definitions and
   26         defining the term “renewable fuel”; increasing the
   27         amount of available tax credit each fiscal year;
   28         extending the period during which the renewable energy
   29         technologies investment tax credit is available;
   30         deleting provisions authorizing a credit for hydrogen
   31         powered vehicles and fuel cells; authorizing the
   32         Department of Agriculture and Consumer Services to
   33         adopt rules; amending s. 220.193, F.S., relating to
   34         the Florida renewable energy production credit;
   35         extending the period during which the credit is
   36         available; specifying the amount that each applicant
   37         is eligible to receive in tax credits; amending s.
   38         255.257, F.S.; requiring the Department of Management
   39         Services to adopt rules for the state energy
   40         management plan, in coordination with the Department
   41         of Agriculture and Consumer Services; revising the
   42         requirements for the state energy management plan;
   43         requiring standard and uniform benchmark measures;
   44         amending s. 288.106, F.S.; redefining the term “target
   45         industry business,” for purposes of a tax refund
   46         program, to exclude certain electrical utilities;
   47         creating s. 366.94, F.S.; exempting from regulation
   48         under ch. 366, F.S., the sale of electricity to the
   49         public for the purpose of electric vehicle charging
   50         stations; requiring the Florida Building Commission,
   51         in coordination with the Department of Agriculture and
   52         Consumer Services and the Public Service Commission,
   53         to adopt rules to provide uniform standards for
   54         building electric vehicle charging stations; providing
   55         that the development of uniform standards is preempted
   56         to the state; requiring the Department of Agriculture
   57         and Consumer Services to develop rules for sales at
   58         electric vehicle charging stations; requiring that the
   59         Public Service Commission study the effects of
   60         charging stations on energy consumption in the state
   61         and the effects on the grid; prohibiting the
   62         obstruction of a parking space at an electric vehicle
   63         charging station; providing a penalty; amending s.
   64         581.083, F.S.; including algae and blue-green algae in
   65         provisions on permitting related to nonnative plants;
   66         clarifying exemption provisions; providing greater
   67         flexibility in reducing the amount of bond required;
   68         requiring the Department of Agriculture and Consumer
   69         Services to conduct a statewide forest inventory;
   70         requiring the Department of Agriculture and Consumer
   71         Services to work with other specified entities to
   72         develop information on cost savings for energy
   73         efficiency and conservation measures and post it on
   74         the department’s website; requiring the Public Service
   75         Commission to evaluate the provisions in the Florida
   76         Energy Efficiency and Conservation Act; requiring
   77         reports to the Legislature and the Executive Office of
   78         the Governor; providing an effective date.
   80  Be It Enacted by the Legislature of the State of Florida:
   82         Section 1. Subsection (1) of section 170.01, Florida
   83  Statutes, is amended to read:
   84         170.01 Authority for providing improvements and levying and
   85  collecting special assessments against property benefited.—
   86         (1) Any municipality of this state may, by its governing
   87  authority:
   88         (a) Provide for the construction, reconstruction, repair,
   89  paving, repaving, hard surfacing, rehard surfacing, widening,
   90  guttering, and draining of streets, boulevards, and alleys; for
   91  grading, regrading, leveling, laying, relaying, paving,
   92  repaving, hard surfacing, and rehard surfacing of sidewalks; for
   93  constructing or reconstructing permanent pedestrian canopies
   94  over public sidewalks; and in connection with any of the
   95  foregoing, provide related lighting, landscaping, street
   96  furniture, signage, and other amenities as determined by the
   97  governing authority of the municipality;
   98         (b) Order the construction, reconstruction, repair,
   99  renovation, excavation, grading, stabilization, and upgrading of
  100  greenbelts, swales, culverts, sanitary sewers, storm sewers,
  101  outfalls, canals, primary, secondary, and tertiary drains, water
  102  bodies, marshlands, and natural areas, all or part of a
  103  comprehensive stormwater management system, including the
  104  necessary appurtenances and structures thereto and including,
  105  but not limited to, dams, weirs, and pumps;
  106         (c) Order the construction or reconstruction of water
  107  mains, water laterals, alternative water supply systems,
  108  including, but not limited to, reclaimed water, aquifer storage
  109  and recovery, and desalination systems, and other water
  110  distribution facilities, including the necessary appurtenances
  111  thereto;
  112         (d) Pay for the relocation of utilities, including the
  113  placement underground of electrical, telephone, and cable
  114  television services, pursuant to voluntary agreement with the
  115  utility, but nothing contained in this paragraph shall affect a
  116  utility’s right to locate or relocate its facilities on its own
  117  initiative at its own expense;
  118         (e) Provide for the construction or reconstruction of parks
  119  and other public recreational facilities and improvements,
  120  including appurtenances thereto;
  121         (f) Provide for the construction or reconstruction of
  122  seawalls;
  123         (g) Provide for the drainage and reclamation of wet, low,
  124  or overflowed lands;
  125         (h) Provide for offstreet parking facilities, parking
  126  garages, or similar facilities;
  127         (i) Provide for mass transportation systems;
  128         (j) Provide for improvements to permit the passage and
  129  navigation of watercraft; and
  130         (k) Pay the additional costs of renewable energy, as
  131  defined in s. 366.91, which are in excess of a public utility’s
  132  full avoided costs, as defined in s. 366.051, pursuant to an
  133  agreement with the public utility; and
  134         (l)(k) Provide for the payment of all or any part of the
  135  costs of any such improvements by levying and collecting special
  136  assessments on the abutting, adjoining, contiguous, or other
  137  specially benefited property.
  139  However, offstreet parking facilities, parking garages, or other
  140  similar facilities and mass transportation systems must be
  141  approved by vote of a majority of the affected property owners.
  142  Any municipality that which is legally obligated for providing
  143  capital improvements for water, alternative water supplies,
  144  including, but not limited to, reclaimed water, water from
  145  aquifer storage and recovery, and desalination systems, or sewer
  146  facilities within an unincorporated area of the county may
  147  recover the costs of the capital improvements by levying and
  148  collecting special assessments for the purposes authorized in
  149  this section on the specially benefited property; however,
  150  collections of the special assessment may shall not take place
  151  until the specially benefited property connects to the capital
  152  improvement.
  153         Section 2. Subsection (2) of section 186.801, Florida
  154  Statutes, is amended to read:
  155         186.801 Ten-year site plans.—
  156         (2) Within 9 months after the receipt of the proposed plan,
  157  the commission shall make a preliminary study of such plan and
  158  classify it as “suitable” or “unsuitable.” The commission may
  159  suggest alternatives to the plan. All findings of the commission
  160  shall be made available to the Department of Environmental
  161  Protection for its consideration at any subsequent electrical
  162  power plant site certification proceedings. It is recognized
  163  that 10-year site plans submitted by an electric utility are
  164  tentative information for planning purposes only and may be
  165  amended at any time at the discretion of the utility upon
  166  written notification to the commission. A complete application
  167  for certification of an electrical power plant site under
  168  chapter 403, when such site is not designated in the current 10
  169  year site plan of the applicant, shall constitute an amendment
  170  to the 10-year site plan. In its preliminary study of each 10
  171  year site plan, the commission shall consider such plan as a
  172  planning document and shall review:
  173         (a) The need, including the need as determined by the
  174  commission, for electrical power in the area to be served.
  175         (b) The effect on fuel diversity within the state.
  176         (c) The anticipated environmental impact of each proposed
  177  electrical power plant site.
  178         (d) Possible alternatives to the proposed plan.
  179         (e) The views of appropriate local, state, and federal
  180  agencies, including the views of the appropriate water
  181  management district as to the availability of water and its
  182  recommendation as to the use by the proposed plant of salt water
  183  or fresh water for cooling purposes.
  184         (f) The extent to which the plan is consistent with the
  185  state comprehensive plan.
  186         (g) The plan with respect to the information of the state
  187  on energy availability and consumption.
  188         (h) The amount of renewable energy resources the provider
  189  produces or purchases.
  190         (i) The amount of renewable energy resources the provider
  191  plans to produce or purchase over the 10-year planning horizon
  192  and the means by which the production or purchases will be
  193  achieved.
  194         (j) A statement describing how the production and purchase
  195  of renewable energy resources impact the provider’s present and
  196  future capacity and energy needs.
  197         Section 3. Paragraph (d) of subsection (2) of section
  198  212.055, Florida Statutes, is amended to read:
  199         212.055 Discretionary sales surtaxes; legislative intent;
  200  authorization and use of proceeds.—It is the legislative intent
  201  that any authorization for imposition of a discretionary sales
  202  surtax shall be published in the Florida Statutes as a
  203  subsection of this section, irrespective of the duration of the
  204  levy. Each enactment shall specify the types of counties
  205  authorized to levy; the rate or rates which may be imposed; the
  206  maximum length of time the surtax may be imposed, if any; the
  207  procedure which must be followed to secure voter approval, if
  208  required; the purpose for which the proceeds may be expended;
  209  and such other requirements as the Legislature may provide.
  210  Taxable transactions and administrative procedures shall be as
  211  provided in s. 212.054.
  213         (d) The proceeds of the surtax authorized by this
  214  subsection and any accrued interest shall be expended by the
  215  school district, within the county and municipalities within the
  216  county, or, in the case of a negotiated joint county agreement,
  217  within another county, to finance, plan, and construct
  218  infrastructure; to acquire land for public recreation,
  219  conservation, or protection of natural resources; to provide
  220  financial assistance to owners of residential property who make
  221  energy efficiency improvements to, or purchase and install
  222  renewable energy devices in, the residential property; or to
  223  finance the closure of county-owned or municipally owned solid
  224  waste landfills that have been closed or are required to be
  225  closed by order of the Department of Environmental Protection.
  226  Any use of the proceeds or interest for purposes of landfill
  227  closure before July 1, 1993, is ratified. The proceeds and any
  228  interest may not be used for the operational expenses of
  229  infrastructure, except that a county that has a population of
  230  fewer than 75,000 and that is required to close a landfill may
  231  use the proceeds or interest for long-term maintenance costs
  232  associated with landfill closure. Counties, as defined in s.
  233  125.011, and charter counties may, in addition, use the proceeds
  234  or interest to retire or service indebtedness incurred for bonds
  235  issued before July 1, 1987, for infrastructure purposes, and for
  236  bonds subsequently issued to refund such bonds. Any use of the
  237  proceeds or interest for purposes of retiring or servicing
  238  indebtedness incurred for refunding bonds before July 1, 1999,
  239  is ratified.
  240         1. For the purposes of this paragraph, the term
  241  “infrastructure” means:
  242         a. Any fixed capital expenditure or fixed capital outlay
  243  associated with the construction, reconstruction, or improvement
  244  of public facilities that have a life expectancy of 5 or more
  245  years and any related land acquisition, land improvement,
  246  design, and engineering costs.
  247         b. A fire department vehicle, an emergency medical service
  248  vehicle, a sheriff’s office vehicle, a police department
  249  vehicle, or any other vehicle, and the equipment necessary to
  250  outfit the vehicle for its official use or equipment that has a
  251  life expectancy of at least 5 years.
  252         c. Any expenditure for the construction, lease, or
  253  maintenance of, or provision of utilities or security for,
  254  facilities, as defined in s. 29.008.
  255         d. Any fixed capital expenditure or fixed capital outlay
  256  associated with the improvement of private facilities that have
  257  a life expectancy of 5 or more years and that the owner agrees
  258  to make available for use on a temporary basis as needed by a
  259  local government as a public emergency shelter or a staging area
  260  for emergency response equipment during an emergency officially
  261  declared by the state or by the local government under s.
  262  252.38. Such improvements are limited to those necessary to
  263  comply with current standards for public emergency evacuation
  264  shelters. The owner must enter into a written contract with the
  265  local government providing the improvement funding to make the
  266  private facility available to the public for purposes of
  267  emergency shelter at no cost to the local government for a
  268  minimum of 10 years after completion of the improvement, with
  269  the provision that the obligation will transfer to any
  270  subsequent owner until the end of the minimum period.
  271         e. Any land acquisition expenditure for a residential
  272  housing project in which at least 30 percent of the units are
  273  affordable to individuals or families whose total annual
  274  household income does not exceed 120 percent of the area median
  275  income adjusted for household size, if the land is owned by a
  276  local government or by a special district that enters into a
  277  written agreement with the local government to provide such
  278  housing. The local government or special district may enter into
  279  a ground lease with a public or private person or entity for
  280  nominal or other consideration for the construction of the
  281  residential housing project on land acquired pursuant to this
  282  sub-subparagraph.
  283         2. For the purposes of this paragraph, the term “renewable
  284  energy devices” means any of the following equipment that, when
  285  installed in connection with a dwelling unit or other structure,
  286  collects, transmits, stores, or uses solar energy, wind energy,
  287  or energy derived from geothermal deposits:
  288         a. Solar energy collectors.
  289         b. Storage tanks and other storage systems, excluding
  290  swimming pools used as storage tanks.
  291         c. Rockbeds.
  292         d. Thermostats and other control devices.
  293         e. Heat exchange devices.
  294         f. Pumps and fans.
  295         g. Roof ponds.
  296         h. Freestanding thermal containers.
  297         i. Pipes, ducts, refrigerant handling systems, and other
  298  equipment used to interconnect such systems, excluding
  299  conventional backup systems of any type.
  300         j. Windmills.
  301         k. Wind-driven generators.
  302         l. Power conditioning and storage devices that use wind
  303  energy to generate electricity or mechanical forms of energy.
  304         m. Pipes and other equipment used to transmit hot
  305  geothermal water to a dwelling or structure from a geothermal
  306  deposit.
  307         3. For the purposes of this paragraph, the term “energy
  308  efficiency improvement” means any energy conservation and
  309  efficiency improvement that reduces consumption through
  310  conservation or a more efficient use of electricity, natural
  311  gas, propane, or other forms of energy on the property,
  312  including, but not limited to, air sealing; installation of
  313  insulation; installation of energy-efficient heating, cooling,
  314  or ventilation systems; building modifications to increase the
  315  use of daylight; replacement of windows; installation of energy
  316  controls or energy recovery systems; installation of electric
  317  vehicle charging equipment; and installation of efficient
  318  lighting equipment.
  319         4.2. Notwithstanding any other provision of this
  320  subsection, a local government infrastructure surtax imposed or
  321  extended after July 1, 1998, may allocate up to 15 percent of
  322  the surtax proceeds for deposit in a trust fund within the
  323  county’s accounts created for the purpose of funding economic
  324  development projects having a general public purpose of
  325  improving local economies, including the funding of operational
  326  costs and incentives related to economic development. The ballot
  327  statement must indicate the intention to make an allocation
  328  under the authority of this subparagraph.
  329         Section 4. Paragraph (hhh) is added to subsection (7) of
  330  section 212.08, Florida Statutes, to read:
  331         212.08 Sales, rental, use, consumption, distribution, and
  332  storage tax; specified exemptions.—The sale at retail, the
  333  rental, the use, the consumption, the distribution, and the
  334  storage to be used or consumed in this state of the following
  335  are hereby specifically exempt from the tax imposed by this
  336  chapter.
  337         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  338  entity by this chapter do not inure to any transaction that is
  339  otherwise taxable under this chapter when payment is made by a
  340  representative or employee of the entity by any means,
  341  including, but not limited to, cash, check, or credit card, even
  342  when that representative or employee is subsequently reimbursed
  343  by the entity. In addition, exemptions provided to any entity by
  344  this subsection do not inure to any transaction that is
  345  otherwise taxable under this chapter unless the entity has
  346  obtained a sales tax exemption certificate from the department
  347  or the entity obtains or provides other documentation as
  348  required by the department. Eligible purchases or leases made
  349  with such a certificate must be in strict compliance with this
  350  subsection and departmental rules, and any person who makes an
  351  exempt purchase with a certificate that is not in strict
  352  compliance with this subsection and the rules is liable for and
  353  shall pay the tax. The department may adopt rules to administer
  354  this subsection.
  355         (hhh) Equipment, machinery, and other materials for
  356  renewable energy technologies.
  357         1.As used in this paragraph, the term:
  358         a.“Biodiesel” means the mono-alkyl esters of long-chain
  359  fatty acids derived from plant or animal matter for use as a
  360  source of energy and meeting the specifications for biodiesel
  361  and biodiesel blends with petroleum products as adopted by rule
  362  of the Department of Agriculture and Consumer Services.
  363  Biodiesel may refer to biodiesel blends designated BXX, where XX
  364  represents the volume percentage of biodiesel fuel in the blend.
  365         b. “Ethanol” means an anhydrous denatured alcohol produced
  366  by the conversion of carbohydrates meeting the specifications
  367  for fuel ethanol and fuel ethanol blends with petroleum products
  368  as adopted by rule of the Department of Agriculture and Consumer
  369  Services. Ethanol may refer to fuel ethanol blends designated
  370  EXX, where XX represents the volume percentage of fuel ethanol
  371  in the blend.
  372         c. “Renewable fuel” means a fuel that has been approved by
  373  the United States Environmental Protection Agency, that is
  374  produced from biomass as defined in s. 366.91(2)(a), and that is
  375  used to replace or reduce the quantity of fossil fuel present in
  376  a transportation fuel.
  377         2. The sale or use of the following materials in the state
  378  is exempt from the tax imposed by this chapter. Materials used
  379  in the distribution of biodiesel (B10-B100), ethanol (E10-E100),
  380  and other renewable fuels, including fueling infrastructure,
  381  transportation, and storage, are exempt up to a limit of $1
  382  million in tax each state fiscal year for all taxpayers.
  383  Gasoline fueling station pump retrofits for biodiesel (B10
  384  B100), ethanol (E10-E100), and other renewable fuels
  385  distribution qualify for the exemption provided in this
  386  paragraph.
  387         3. The Department of Agriculture and Consumer Services
  388  shall provide to the department a list of items eligible for the
  389  exemption provided in this paragraph.
  390         4.a. The exemption provided in this paragraph is available
  391  to a purchaser only through a refund of previously paid taxes.
  392  An eligible item is subject to refund one time. A person who has
  393  received a refund on an eligible item must notify the next
  394  purchaser of the item that the item is not eligible for a refund
  395  of paid taxes. The notification must be provided to each
  396  subsequent purchaser on the sales invoice or other proof of
  397  purchase.
  398         b. To be eligible to receive the exemption provided in this
  399  paragraph, a purchaser must file an application with the
  400  Department of Agriculture and Consumer Services. The application
  401  shall be developed by the Department of Agriculture and Consumer
  402  Services, in consultation with the department, and must require:
  403         (I) The name and address of the person claiming the refund.
  404         (II) A specific description of the purchase for which a
  405  refund is sought, including, when applicable, a serial number or
  406  other permanent identification number.
  407         (III) The sales invoice or other proof of purchase showing
  408  the amount of sales tax paid, the date of purchase, and the name
  409  and address of the sales tax dealer from whom the property was
  410  purchased.
  411         (IV) A sworn statement that the information provided is
  412  accurate and that the requirements of this paragraph have been
  413  met.
  414         c. Within 30 days after receipt of an application, the
  415  Department of Agriculture and Consumer Services shall evaluate
  416  the application and notify the applicant of any deficiencies.
  417  Upon receipt of a completed application, the Department of
  418  Agriculture and Consumer Services shall evaluate the application
  419  for the exemption and issue a written certification that the
  420  applicant is eligible for a refund or issue a written denial of
  421  the certification. The Department of Agriculture and Consumer
  422  Services shall provide the department a copy of each
  423  certification issued upon approval of an application.
  424         d. Each certified applicant is responsible for forwarding a
  425  certified copy of the application and copies of all required
  426  documentation to the department within 6 months after
  427  certification by the Department of Agriculture and Consumer
  428  Services.
  429         e. A refund approved pursuant to this paragraph must be
  430  made within 30 days after approval by the department.
  431         f. The Department of Agriculture and Consumer Services may
  432  adopt by rule the form for the application for a certificate,
  433  requirements for the content and format of information submitted
  434  to the Department of Agriculture and Consumer Services in
  435  support of the application, other procedural requirements, and
  436  criteria by which the application will be determined. The
  437  department may adopt all other rules pursuant to ss. 120.536(1)
  438  and 120.54 to administer this paragraph, including rules
  439  establishing additional forms and procedures for claiming the
  440  exemption.
  441         g. The Department of Agriculture and Consumer Services
  442  shall ensure that the total amount of the exemptions authorized
  443  do not exceed the limits specified in subparagraph 2.
  444         5. Approval of the exemptions under this paragraph is on a
  445  first-come, first-served basis, based upon the date complete
  446  applications are received by the Department of Agriculture and
  447  Consumer Services. Incomplete placeholder applications will not
  448  be accepted and will not secure a place in the first-come,
  449  first-served application line. The Department of Agriculture and
  450  Consumer Services shall determine and publish on its website on
  451  a regular basis the amount of sales tax funds remaining in each
  452  fiscal year.
  453         6. This paragraph expires July 1, 2016.
  454         Section 5. Subsections (1), (2), (6), (7), and (8) of
  455  section 220.192, Florida Statutes, is amended to read:
  456         220.192 Renewable energy technologies investment tax
  457  credit.—
  458         (1) DEFINITIONS.—For purposes of this section, the term:
  459         (a) “Biodiesel” means biodiesel as defined in s.
  460  212.08(7)(hhh) former s. 212.08(7)(ccc).
  461         (b) “Corporation” includes a general partnership, limited
  462  partnership, limited liability company, unincorporated business,
  463  or other business entity, including entities taxed as
  464  partnerships for federal income tax purposes.
  465         (c) “Eligible costs” means:
  466         1. Seventy-five percent of all capital costs, operation and
  467  maintenance costs, and research and development costs incurred
  468  between July 1, 2006, and June 30, 2010, up to a limit of $3
  469  million per state fiscal year for all taxpayers, in connection
  470  with an investment in hydrogen-powered vehicles and hydrogen
  471  vehicle fueling stations in the state, including, but not
  472  limited to, the costs of constructing, installing, and equipping
  473  such technologies in the state.
  474         2. Seventy-five percent of all capital costs, operation and
  475  maintenance costs, and research and development costs incurred
  476  between July 1, 2006, and June 30, 2010, up to a limit of $1.5
  477  million per state fiscal year for all taxpayers, and limited to
  478  a maximum of $12,000 per fuel cell, in connection with an
  479  investment in commercial stationary hydrogen fuel cells in the
  480  state, including, but not limited to, the costs of constructing,
  481  installing, and equipping such technologies in the state.
  482         3. seventy-five percent of all capital costs, operation and
  483  maintenance costs, and research and development costs incurred
  484  between July 1, 2012, and July 1, 2016 July 1, 2006, and June
  485  30, 2010, up to a limit of $10 $6.5 million per state fiscal
  486  year for all taxpayers, in connection with an investment in the
  487  production, storage, and distribution of biodiesel (B10-B100),
  488  and ethanol (E10-E100), and renewable fuel in the state,
  489  including the costs of constructing, installing, and equipping
  490  such technologies in the state. Gasoline fueling station pump
  491  retrofits for ethanol (E10-E100) distribution qualify as an
  492  eligible cost under this subparagraph. Each applicant is
  493  eligible to receive up to $1 million in tax credits.
  494         (d) “Ethanol” means ethanol as defined in s. 212.08(7)(hhh)
  495  former s. 212.08(7)(ccc).
  496         (e)“Renewable fuel” means a fuel that has been approved by
  497  the United States Environmental Protection Agency, that is
  498  produced from biomass as defined in s. 366.91(2)(a), and that is
  499  used to replace or reduce the quantity of fossil fuel present in
  500  a transportation fuel.
  501         (e) “Hydrogen fuel cell” means hydrogen fuel cell as
  502  defined in former s. 212.08(7)(ccc).
  503         (f) “Taxpayer” includes a corporation as defined in
  504  paragraph (b) or s. 220.03.
  505         (2) TAX CREDIT.—For tax years beginning on or after January
  506  1, 2013 January 1, 2007, a credit against the tax imposed by
  507  this chapter shall be granted in an amount equal to the eligible
  508  costs. Credits may be used in tax years beginning January 1,
  509  2013 January 1, 2007, and ending December 31, 2016 December 31,
  510  2010, after which the credit shall expire. If the credit is not
  511  fully used in any one tax year because of insufficient tax
  512  liability on the part of the corporation, the unused amount may
  513  be carried forward and used in tax years beginning January 1,
  514  2013 January 1, 2007, and ending December 31, 2018 December 31,
  515  2012, after which the credit carryover expires and may not be
  516  used. A taxpayer that files a consolidated return in this state
  517  as a member of an affiliated group under s. 220.131(1) may be
  518  allowed the credit on a consolidated return basis up to the
  519  amount of tax imposed upon the consolidated group. Any eligible
  520  cost for which a credit is claimed and which is deducted or
  521  otherwise reduces federal taxable income shall be added back in
  522  computing adjusted federal income under s. 220.13.
  524         (a) For tax years beginning on or after January 1, 2014
  525  January 1, 2009, any corporation or subsequent transferee
  526  allowed a tax credit under this section may transfer the credit,
  527  in whole or in part, to any taxpayer by written agreement
  528  without transferring any ownership interest in the property
  529  generating the credit or any interest in the entity owning such
  530  property. The transferee is entitled to apply the credits
  531  against the tax with the same effect as if the transferee had
  532  incurred the eligible costs.
  533         (b) To perfect the transfer, the transferor shall provide
  534  the Department of Revenue with a written transfer statement
  535  notifying the Department of Revenue of the transferor’s intent
  536  to transfer the tax credits to the transferee; the date the
  537  transfer is effective; the transferee’s name, address, and
  538  federal taxpayer identification number; the tax period; and the
  539  amount of tax credits to be transferred. The Department of
  540  Revenue shall, upon receipt of a transfer statement conforming
  541  to the requirements of this section, provide the transferee with
  542  a certificate reflecting the tax credit amounts transferred. A
  543  copy of the certificate must be attached to each tax return for
  544  which the transferee seeks to apply such tax credits.
  545         (c) A tax credit authorized under this section that is held
  546  by a corporation and not transferred under this subsection shall
  547  be passed through to the taxpayers designated as partners,
  548  members, or owners, respectively, in the manner agreed to by
  549  such persons regardless of whether such partners, members, or
  550  owners are allocated or allowed any portion of the federal
  551  energy tax credit for the eligible costs. A corporation that
  552  passes the credit through to a partner, member, or owner must
  553  comply with the notification requirements described in paragraph
  554  (b). The partner, member, or owner must attach a copy of the
  555  certificate to each tax return on which the partner, member, or
  556  owner claims any portion of the credit.
  557         (7) RULES.—The Department of Revenue in coordination with
  558  the Department of Agriculture and Consumer Services shall have
  559  the authority to adopt rules pursuant to ss. 120.536(1) and
  560  120.54 to administer this section, including rules relating to:
  561         (a) The forms required to claim a tax credit under this
  562  section, the requirements and basis for establishing an
  563  entitlement to a credit, and the examination and audit
  564  procedures required to administer this section.
  565         (b) The implementation and administration of the provisions
  566  allowing a transfer of a tax credit, including rules prescribing
  567  forms, reporting requirements, and specific procedures,
  568  guidelines, and requirements necessary to transfer a tax credit.
  569         (8) PUBLICATION.—The Department of Agriculture and Consumer
  570  Services shall determine and publish on its website on a regular
  571  basis the amount of available tax credits remaining in each
  572  fiscal year.
  573         Section 6. Section 220.193, Florida Statutes, is amended to
  574  read:
  575         220.193 Florida renewable energy production credit.—
  576         (1) The purpose of this section is to encourage the
  577  development and expansion of facilities that produce renewable
  578  energy in Florida.
  579         (2) As used in this section, the term:
  580         (a) “Commission” shall mean the Public Service Commission.
  581         (b) “Department” shall mean the Department of Revenue.
  582         (c) “Expanded facility” shall mean a Florida renewable
  583  energy facility that increases its electrical production and
  584  sale by more than 5 percent above the facility’s electrical
  585  production and sale during the 2011 2005 calendar year.
  586         (d) “Florida renewable energy facility” shall mean a
  587  facility in the state that produces electricity for sale from
  588  renewable energy, as defined in s. 377.803.
  589         (e) “New facility” shall mean a Florida renewable energy
  590  facility that is operationally placed in service after May 1,
  591  2012 2006.
  592         (f) “Sale” or “sold” includes the use of electricity by the
  593  producer of such electricity which decreases the amount of
  594  electricity that the producer would otherwise have to purchase.
  595         (g) “Taxpayer” includes a general partnership, limited
  596  partnership, limited liability company, trust, or other
  597  artificial entity in which a corporation, as defined in s.
  598  220.03(1)(e), owns an interest and is taxed as a partnership or
  599  is disregarded as a separate entity from the corporation under
  600  this chapter.
  601         (3) An annual credit against the tax imposed by this
  602  section shall be allowed to a taxpayer, based on the taxpayer’s
  603  production and sale of electricity from a new or expanded
  604  Florida renewable energy facility. For a new facility, the
  605  credit shall be based on the taxpayer’s sale of the facility’s
  606  entire electrical production. For an expanded facility, the
  607  credit shall be based on the increases in the facility’s
  608  electrical production that are achieved after May 1, 2012 2006.
  609  Each applicant is eligible to receive up to $500,000 in tax
  610  credits.
  611         (a) The credit shall be $0.01 for each kilowatt-hour of
  612  electricity produced and sold by the taxpayer to an unrelated
  613  party during a given tax year.
  614         (b) The credit may be claimed for electricity produced and
  615  sold on or after January 1, 2013 2007. Beginning in 2014 2008
  616  and continuing until 2017 2011, each taxpayer claiming a credit
  617  under this section must first apply to the department by
  618  February 1 of each year for an allocation of available credit.
  619  The department, in consultation with the commission, shall
  620  develop an application form. The application form shall, at a
  621  minimum, require a sworn affidavit from each taxpayer certifying
  622  the increase in production and sales that form the basis of the
  623  application and certifying that all information contained in the
  624  application is true and correct.
  625         (c) If the amount of credits applied for each year exceeds
  626  $5 million, the department shall award to each applicant a
  627  prorated amount based on each applicant’s increased production
  628  and sales and the increased production and sales of all
  629  applicants.
  630         (d) If the credit granted pursuant to this section is not
  631  fully used in one year because of insufficient tax liability on
  632  the part of the taxpayer, the unused amount may be carried
  633  forward for a period not to exceed 5 years. The carryover credit
  634  may be used in a subsequent year when the tax imposed by this
  635  chapter for such year exceeds the credit for such year, after
  636  applying the other credits and unused credit carryovers in the
  637  order provided in s. 220.02(8).
  638         (e) A taxpayer that files a consolidated return in this
  639  state as a member of an affiliated group under s. 220.131(1) may
  640  be allowed the credit on a consolidated return basis up to the
  641  amount of tax imposed upon the consolidated group.
  642         (f)1. Tax credits that may be available under this section
  643  to an entity eligible under this section may be transferred
  644  after a merger or acquisition to the surviving or acquiring
  645  entity and used in the same manner with the same limitations.
  646         2. The entity or its surviving or acquiring entity as
  647  described in subparagraph 1. may transfer any unused credit in
  648  whole or in units of no less than 25 percent of the remaining
  649  credit. The entity acquiring such credit may use it in the same
  650  manner and with the same limitations under this section. Such
  651  transferred credits may not be transferred again although they
  652  may succeed to a surviving or acquiring entity subject to the
  653  same conditions and limitations as described in this section.
  654         3. In the event the credit provided for under this section
  655  is reduced as a result of an examination or audit by the
  656  department, such tax deficiency shall be recovered from the
  657  first entity or the surviving or acquiring entity to have
  658  claimed such credit up to the amount of credit taken. Any
  659  subsequent deficiencies shall be assessed against any entity
  660  acquiring and claiming such credit, or in the case of multiple
  661  succeeding entities in the order of credit succession.
  662         (g) Notwithstanding any other provision of this section,
  663  credits for the production and sale of electricity from a new or
  664  expanded Florida renewable energy facility may be earned between
  665  January 1, 2013 2007, and June 30, 2016 2010. The combined total
  666  amount of tax credits which may be granted for all taxpayers
  667  under this section is limited to $5 million per state fiscal
  668  year.
  669         (h) A taxpayer claiming a credit under this section shall
  670  be required to add back to net income that portion of its
  671  business deductions claimed on its federal return paid or
  672  incurred for the taxable year which is equal to the amount of
  673  the credit allowable for the taxable year under this section.
  674         (i) A taxpayer claiming credit under this section may not
  675  claim a credit under s. 220.192. A taxpayer claiming credit
  676  under s. 220.192 may not claim a credit under this section.
  677         (j) When an entity treated as a partnership or a
  678  disregarded entity under this chapter produces and sells
  679  electricity from a new or expanded renewable energy facility,
  680  the credit earned by such entity shall pass through in the same
  681  manner as items of income and expense pass through for federal
  682  income tax purposes. When an entity applies for the credit and
  683  the entity has received the credit by a pass-through, the
  684  application must identify the taxpayer that passed the credit
  685  through, all taxpayers that received the credit, and the
  686  percentage of the credit that passes through to each recipient
  687  and must provide other information that the department requires.
  688         (k) A taxpayer’s use of the credit granted pursuant to this
  689  section does not reduce the amount of any credit available to
  690  such taxpayer under s. 220.186.
  691         (4) The department may adopt rules to implement and
  692  administer this section, including rules prescribing forms, the
  693  documentation needed to substantiate a claim for the tax credit,
  694  and the specific procedures and guidelines for claiming the
  695  credit.
  696         (5) This section shall take effect upon becoming law and
  697  shall apply to tax years beginning on and after January 1, 2013
  698  2007.
  699         Section 7. Section 255.257, Florida Statutes, is amended to
  700  read:
  701         255.257 Energy management; buildings occupied by state
  702  agencies.—
  703         (1) ENERGY CONSUMPTION AND COST DATA.—Each state agency
  704  shall collect data on energy consumption and cost. The data
  705  gathered shall be on state-owned facilities and metered state
  706  leased facilities that are used by the state and are 5,000
  707  square feet or more of conditioned space of 5,000 net square
  708  feet or more. These data will be used in the computation of the
  709  effectiveness of the state energy management plan and the
  710  effectiveness of the energy management program of each of the
  711  state agencies. Collected data shall be reported annually to the
  712  department in a format prescribed by the department.
  713         (2) ENERGY MANAGEMENT COORDINATORS.—Each state agency, the
  714  Florida Public Service Commission, the Department of Military
  715  Affairs, and the judicial branch shall appoint a coordinator
  716  whose responsibility shall be to advise the head of the state
  717  agency on matters relating to energy consumption in facilities
  718  under the control of that head or in space occupied by the
  719  various units comprising that state agency, in vehicles operated
  720  by that state agency, and in other energy-consuming activities
  721  of the state agency. The coordinator shall implement the energy
  722  management program agreed upon by the state agency concerned and
  723  assist the department in the development of the State Energy
  724  Management Plan.
  726  Department of Management Services, in coordination with the
  727  Department of Agriculture and Consumer Services, shall adopt
  728  rules and forms for the development of the develop a state
  729  energy management plan consisting of, but not limited to, the
  730  following elements:
  731         (a) Data-gathering requirements;
  732         (b)Standard and uniform benchmark requirements as a
  733  measure to evaluate the energy efficiency of state-owned and
  734  state-leased buildings;
  735         (c)(b) Building energy audit procedures;
  736         (d)(c)Standard and uniform data analysis and reporting
  737  procedures;
  738         (e)(d) Employee energy education program measures;
  739         (f)(e) Energy consumption reduction techniques;
  740         (g)(f) Training program for state agency energy management
  741  coordinators; and
  742         (h)(g) Guidelines for building managers.
  744  The plan shall include a description of actions that state
  745  agencies shall take to reduce consumption of electricity and
  746  nonrenewable energy sources used for space heating and cooling,
  747  ventilation, lighting, water heating, and transportation.
  748         (4) ADOPTION OF STANDARDS.—
  749         (a) Each All state agency agencies shall adopt a standard
  750  and uniform statewide sustainable building rating system or use
  751  a national model green building code for all new buildings and
  752  renovations to existing buildings.
  753         (b) A No state agency may not shall enter into new leasing
  754  agreements for office space that does not meet Energy Star
  755  building standards, except when the appropriate state agency
  756  head determines that no other viable or cost-effective
  757  alternative exists.
  758         (c) Each All state agency agencies shall develop energy
  759  conservation measures and guidelines for new and existing office
  760  space where state agencies occupy more than 5,000 square feet or
  761  more of conditioned space. These conservation measures shall
  762  focus on programs that may reduce energy consumption and, when
  763  established, provide a net reduction in occupancy costs.
  764         Section 8. Paragraph (q) of subsection (2) of section
  765  288.106, Florida Statutes, is amended to read:
  766         288.106 Tax refund program for qualified target industry
  767  businesses.—
  768         (2) DEFINITIONS.—As used in this section:
  769         (q) “Target industry business” means a corporate
  770  headquarters business or any business that is engaged in one of
  771  the target industries identified pursuant to the following
  772  criteria developed by the department in consultation with
  773  Enterprise Florida, Inc.:
  774         1. Future growth.—Industry forecasts should indicate strong
  775  expectation for future growth in both employment and output,
  776  according to the most recent available data. Special
  777  consideration should be given to businesses that export goods
  778  to, or provide services in, international markets and businesses
  779  that replace domestic and international imports of goods or
  780  services.
  781         2. Stability.—The industry should not be subject to
  782  periodic layoffs, whether due to seasonality or sensitivity to
  783  volatile economic variables such as weather. The industry should
  784  also be relatively resistant to recession, so that the demand
  785  for products of this industry is not typically subject to
  786  decline during an economic downturn.
  787         3. High wage.—The industry should pay relatively high wages
  788  compared to statewide or area averages.
  789         4. Market and resource independent.—The location of
  790  industry businesses should not be dependent on Florida markets
  791  or resources as indicated by industry analysis, except for
  792  businesses in the renewable energy industry.
  793         5. Industrial base diversification and strengthening.—The
  794  industry should contribute toward expanding or diversifying the
  795  state’s or area’s economic base, as indicated by analysis of
  796  employment and output shares compared to national and regional
  797  trends. Special consideration should be given to industries that
  798  strengthen regional economies by adding value to basic products
  799  or building regional industrial clusters as indicated by
  800  industry analysis. Special consideration should also be given to
  801  the development of strong industrial clusters that include
  802  defense and homeland security businesses.
  803         6. Positive economic impact.—The industry is expected to
  804  have strong positive economic impacts on or benefits to the
  805  state or regional economies. Special consideration should be
  806  given to industries that facilitate the development of the state
  807  as a hub for domestic and global trade and logistics.
  809  The term does not include any business engaged in retail
  810  industry activities; any electrical utility company as defined
  811  in s. 366.02(2); any phosphate or other solid minerals
  812  severance, mining, or processing operation; any oil or gas
  813  exploration or production operation; or any business subject to
  814  regulation by the Division of Hotels and Restaurants of the
  815  Department of Business and Professional Regulation. Any business
  816  within NAICS code 5611 or 5614, office administrative services
  817  and business support services, respectively, may be considered a
  818  target industry business only after the local governing body and
  819  Enterprise Florida, Inc., make a determination that the
  820  community where the business may locate has conditions affecting
  821  the fiscal and economic viability of the local community or
  822  area, including but not limited to, factors such as low per
  823  capita income, high unemployment, high underemployment, and a
  824  lack of year-round stable employment opportunities, and such
  825  conditions may be improved by the location of such a business to
  826  the community. By January 1 of every 3rd year, beginning January
  827  1, 2011, the department, in consultation with Enterprise
  828  Florida, Inc., economic development organizations, the State
  829  University System, local governments, employee and employer
  830  organizations, market analysts, and economists, shall review
  831  and, as appropriate, revise the list of such target industries
  832  and submit the list to the Governor, the President of the
  833  Senate, and the Speaker of the House of Representatives.
  834         Section 9. Section 366.94, Florida Statutes, is created to
  835  read:
  836         366.94Electric vehicle charging stations.—
  837         (1) Providing electric vehicle charging service to the
  838  public is not the retail sale of electricity for the purposes of
  839  this chapter and the rates, terms, and conditions of electric
  840  vehicle charging services are not subject to regulation under
  841  this chapter regardless of the provider. This section does not
  842  affect the ability of an individual, business, or governmental
  843  entity to acquire, install, or use an electric vehicle charger
  844  for its own use for its own vehicle.
  845         (2) The Florida Building Commission, in coordination with
  846  the Department of Agriculture and Consumer Services and the
  847  Public Service Commission, shall develop rules to provide
  848  uniform standards for building and electric codes, local
  849  permitting, and the installation of electric vehicle charging
  850  stations. The development of these standards is expressly
  851  preempted to the state and any local governmental entity
  852  enforcing the subject areas of the standards established by this
  853  section must use the standards set forth pursuant to this
  854  section.
  855         (3) The Department of Agriculture and Consumer Services
  856  shall adopt rules to provide definitions, methods of sale,
  857  labeling requirements, and price-posting requirements for
  858  electric vehicle charging stations in order to provide
  859  consistency for consumers and the industry.
  860         (4) The Public Service Commission shall conduct a study of
  861  the effects of the charging stations on energy consumption in
  862  this state and the effects on the grid. The Public Service
  863  Commission shall also investigate the feasibility of using off
  864  grid solar photovoltaic power as a source of electricity for
  865  electric vehicle charging stations.
  866         (5) It is unlawful for a person to stop, stand, or park a
  867  vehicle that is not capable of using an electrical recharging
  868  station within any parking space specifically designated for
  869  charging an electric vehicle. If a law enforcement officer finds
  870  a motor vehicle in violation of this subsection, the officer or
  871  specialist shall charge the operator or other person in charge
  872  of the vehicle in violation with a noncriminal traffic
  873  infraction, punishable as provided in s. 316.008(4) or s.
  874  318.18.
  875         Section 10. Subsection (4) of section 581.083, Florida
  876  Statutes, is amended to read:
  877         581.083 Introduction or release of plant pests, noxious
  878  weeds, or organisms affecting plant life; cultivation of
  879  nonnative plants; special permit and security required.—
  880         (4) A person may not cultivate a nonnative plant, algae, or
  881  blue-green algae, including a genetically engineered plant,
  882  algae, or blue-green algae or a plant that has been introduced,
  883  for purposes of fuel production or purposes other than
  884  agriculture in plantings greater in size than 2 contiguous
  885  acres, except under a special permit issued by the department
  886  through the division, which is the sole agency responsible for
  887  issuing such special permits. The Such a permit is shall not be
  888  required if the department determines, after consulting in
  889  conjunction with the Institute of Food and Agricultural Sciences
  890  at the University of Florida, that, based on experience or
  891  research data, the nonnative plant, algae, or blue-green algae
  892  does not pose a known threat of becoming an is not invasive
  893  species or a pest of plants or native fauna under conditions in
  894  this state, and if the department and subsequently exempts the
  895  plant by rule.
  896         (a)1. Each application for a special permit must be
  897  accompanied by a fee as described in subsection (2) and proof
  898  that the applicant has obtained, on a form approved by the
  899  department, a bond in the form approved by the department and
  900  issued by a surety company admitted to do business in this
  901  state, or a certificate of deposit, or other type of security
  902  adopted by rule of the department which provides a financial
  903  assurance of cost-recovery for the removal of a planting. The
  904  application must include, on a form provided by the department,
  905  the name of the applicant and the applicant’s address or the
  906  address of the applicant’s principal place of business; a
  907  statement completely identifying the nonnative plant to be
  908  cultivated; and a statement of the estimated cost of removing
  909  and destroying the plant that is the subject of the special
  910  permit and the basis for calculating or determining that
  911  estimate. If the applicant is a corporation, partnership, or
  912  other business entity, the applicant must also provide in the
  913  application the name and address of each officer, partner, or
  914  managing agent. The applicant shall notify the department within
  915  10 business days after of any change of address or change in the
  916  principal place of business. The department shall mail all
  917  notices to the applicant’s last known address.
  918         2. As used in this subsection, the term “certificate of
  919  deposit” means a certificate of deposit at any recognized
  920  financial institution doing business in the United States. The
  921  department may not accept a certificate of deposit in connection
  922  with the issuance of a special permit unless the issuing
  923  institution is properly insured by the Federal Deposit Insurance
  924  Corporation or the Federal Savings and Loan Insurance
  925  Corporation.
  926         (b) Upon obtaining a permit, the permitholder may annually
  927  cultivate and maintain the nonnative plants as authorized by the
  928  special permit. If the permitholder ceases to maintain or
  929  cultivate the plants authorized by the special permit, if the
  930  permit expires, or if the permitholder ceases to abide by the
  931  conditions of the special permit, the permitholder shall
  932  immediately remove and destroy the plants that are subject to
  933  the permit, if any remain. The permitholder shall notify the
  934  department of the removal and destruction of the plants within
  935  10 days after such event.
  936         (c) If the department:
  937         1. Determines that the permitholder is no longer
  938  maintaining or cultivating the plants subject to the special
  939  permit and has not removed and destroyed the plants authorized
  940  by the special permit;
  941         2. Determines that the continued maintenance or cultivation
  942  of the plants presents an imminent danger to public health,
  943  safety, or welfare;
  944         3. Determines that the permitholder has exceeded the
  945  conditions of the authorized special permit; or
  946         4. Receives a notice of cancellation of the surety bond,
  948  the department may issue an immediate final order, which shall
  949  be immediately appealable or enjoinable as provided by chapter
  950  120, directing the permitholder to immediately remove and
  951  destroy the plants authorized to be cultivated under the special
  952  permit. A copy of the immediate final order must shall be mailed
  953  to the permitholder and to the surety company or financial
  954  institution that has provided security for the special permit,
  955  if applicable.
  956         (d) If, upon issuance by the department of an immediate
  957  final order to the permitholder, the permitholder fails to
  958  remove and destroy the plants subject to the special permit
  959  within 60 days after issuance of the order, or such shorter
  960  period as is designated in the order as public health, safety,
  961  or welfare requires, the department may enter the cultivated
  962  acreage and remove and destroy the plants that are the subject
  963  of the special permit. If the permitholder makes a written
  964  request to the department for an extension of time to remove and
  965  destroy the plants that demonstrates specific facts showing why
  966  the plants could not reasonably be removed and destroyed in the
  967  applicable timeframe, the department may extend the time for
  968  removing and destroying plants subject to a special permit. The
  969  reasonable costs and expenses incurred by the department for
  970  removing and destroying plants subject to a special permit shall
  971  be reimbursed to the department by the permitholder within 21
  972  days after the date the permitholder and the surety company or
  973  financial institution are served a copy of the department’s
  974  invoice for the costs and expenses incurred by the department to
  975  remove and destroy the cultivated plants, along with a notice of
  976  administrative rights, unless the permitholder or the surety
  977  company or financial institution object to the reasonableness of
  978  the invoice. In the event of an objection, the permitholder or
  979  surety company or financial institution is entitled to an
  980  administrative proceeding as provided by chapter 120. Upon entry
  981  of a final order determining the reasonableness of the incurred
  982  costs and expenses, the permitholder has shall have 15 days
  983  after following service of the final order to reimburse the
  984  department. Failure of the permitholder to timely reimburse the
  985  department for the incurred costs and expenses entitles the
  986  department to reimbursement from the applicable bond or
  987  certificate of deposit.
  988         (e) Each permitholder shall maintain for each separate
  989  growing location a bond or a certificate of deposit in an amount
  990  determined by the department, but not more less than 150 percent
  991  of the estimated cost of removing and destroying the cultivated
  992  plants. The bond or certificate of deposit may not exceed $5,000
  993  per acre, unless a higher amount is determined by the department
  994  to be necessary to protect the public health, safety, and
  995  welfare or unless an exemption is granted by the department
  996  based on conditions specified in the application which would
  997  preclude the department from incurring the cost of removing and
  998  destroying the cultivated plants and would prevent injury to the
  999  public health, safety, and welfare. The aggregate liability of
 1000  the surety company or financial institution to all persons for
 1001  all breaches of the conditions of the bond or certificate of
 1002  deposit may not exceed the amount of the bond or certificate of
 1003  deposit. The original bond or certificate of deposit required by
 1004  this subsection must shall be filed with the department. A
 1005  surety company shall give the department 30 days’ written notice
 1006  of cancellation, by certified mail, in order to cancel a bond.
 1007  Cancellation of a bond does not relieve a surety company of
 1008  liability for paying to the department all costs and expenses
 1009  incurred or to be incurred for removing and destroying the
 1010  permitted plants covered by an immediate final order authorized
 1011  under paragraph (c). A bond or certificate of deposit must be
 1012  provided or assigned in the exact name in which an applicant
 1013  applies for a special permit. The penal sum of the bond or
 1014  certificate of deposit to be furnished to the department by a
 1015  permitholder in the amount specified in this paragraph must
 1016  guarantee payment of the costs and expenses incurred or to be
 1017  incurred by the department for removing and destroying the
 1018  plants cultivated under the issued special permit. The bond or
 1019  certificate of deposit assignment or agreement must be upon a
 1020  form prescribed or approved by the department and must be
 1021  conditioned to secure the faithful accounting for and payment of
 1022  all costs and expenses incurred by the department for removing
 1023  and destroying all plants cultivated under the special permit.
 1024  The bond or certificate of deposit assignment or agreement must
 1025  include terms binding the instrument to the Commissioner of
 1026  Agriculture. Such certificate of deposit shall be presented with
 1027  an assignment of the permitholder’s rights in the certificate in
 1028  favor of the Commissioner of Agriculture on a form prescribed by
 1029  the department and with a letter from the issuing institution
 1030  acknowledging that the assignment has been properly recorded on
 1031  the books of the issuing institution and will be honored by the
 1032  issuing institution. Such assignment is irrevocable while a
 1033  special permit is in effect and for an additional period of 6
 1034  months after termination of the special permit if operations to
 1035  remove and destroy the permitted plants are not continuing and
 1036  if the department’s invoice remains unpaid by the permitholder
 1037  under the issued immediate final order. If operations to remove
 1038  and destroy the plants are pending, the assignment remains in
 1039  effect until all plants are removed and destroyed and the
 1040  department’s invoice has been paid. The bond or certificate of
 1041  deposit may be released by the assignee of the surety company or
 1042  financial institution to the permitholder, or to the
 1043  permitholder’s successors, assignee, or heirs, if operations to
 1044  remove and destroy the permitted plants are not pending and no
 1045  invoice remains unpaid at the conclusion of 6 months after the
 1046  last effective date of the special permit. The department may
 1047  not accept a certificate of deposit that contains any provision
 1048  that would give to any person any prior rights or claim on the
 1049  proceeds or principal of such certificate of deposit. The
 1050  department shall determine by rule whether an annual bond or
 1051  certificate of deposit will be required. The amount of such bond
 1052  or certificate of deposit shall be increased, upon order of the
 1053  department, at any time if the department finds such increase to
 1054  be warranted by the cultivating operations of the permitholder.
 1055  In the same manner, the amount of such bond or certificate of
 1056  deposit may be decreased or removed when a decrease in the
 1057  cultivating operations of the permitholder occurs or when
 1058  research or practical field knowledge and observations indicate
 1059  a low risk of invasiveness by the nonnative species warrants
 1060  such decrease. Factors that may be considered to decrease or
 1061  remove the bond or certificate-of-deposit requirements include
 1062  multiple years or cycles of successful large-scale contained
 1063  cultivation; observation of plant, algae, or blue-green algae
 1064  that do not escape from managed areas; or science-based evidence
 1065  that established or proved adjusted cultivation practices
 1066  provide a similar level of containment of the nonnative plant,
 1067  algae, or blue-green algae. This paragraph applies to any bond
 1068  or certificate of deposit, regardless of the anniversary date of
 1069  its issuance, expiration, or renewal.
 1070         (f) In order to carry out the purposes of this subsection,
 1071  the department or its agents may require from any permitholder
 1072  verified statements of the cultivated acreage subject to the
 1073  special permit and may review the permitholder’s business or
 1074  cultivation records at her or his place of business during
 1075  normal business hours in order to determine the acreage
 1076  cultivated. The failure of a permitholder to furnish such
 1077  statement, to make such records available, or to make and
 1078  deliver a new or additional bond or certificate of deposit is
 1079  cause for suspension of the special permit. If the department
 1080  finds such failure to be willful, the special permit may be
 1081  revoked.
 1082         Section 11. The Department of Agriculture and Consumer
 1083  Services shall conduct a comprehensive statewide forest
 1084  inventory analysis and study, using a geographic information
 1085  system, to identify where available biomass is located,
 1086  determine the available biomass resources, and ensure forest
 1087  sustainability within the state. The department shall submit the
 1088  results of the study to the President of the Senate, the Speaker
 1089  of the House of Representatives, and the Executive Office of the
 1090  Governor by July 1, 2013.
 1091         Section 12. The Office of Energy within the Department of
 1092  Agriculture and Consumer Services, in consultation with the
 1093  Public Service Commission, the Florida Building Commission, and
 1094  the Florida Energy Systems Consortium, shall develop a
 1095  clearinghouse of information regarding cost savings associated
 1096  with various energy efficiency and conservation measures. The
 1097  department shall post the information on its website by July 1,
 1098  2013.
 1099         Section 13. The Public Service Commission shall evaluate
 1100  and prepare a report on the Florida Energy Efficiency and
 1101  Conservation Act and determine if the act remains in the public
 1102  interest. The evaluation must consider the costs to ratepayers,
 1103  the incentives and disincentives associated with the provisions
 1104  in the act, and if the programs create benefits without undue
 1105  burden on the customer. The models and methods used to determine
 1106  conservation goals must be specifically addressed in the report.
 1107  The commission shall submit the report to the President of the
 1108  Senate, the Speaker of the House of Representatives, and the
 1109  Executive Office of the Governor by January 31, 2013.
 1110         Section 14. This act shall take effect July 1, 2012.