Florida Senate - 2012                      CS for CS for SB 2094
       By the Committees on Agriculture; Communications, Energy, and
       Public Utilities; and Communications, Energy, and Public
       575-03312-12                                          20122094c2
    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         526.203, F.S.; defining the term “alternative fuel”
   65         and revising the definitions of the terms “blended
   66         gasoline” and “unblended gasoline”; amending s.
   67         581.083, F.S.; including algae and blue-green algae in
   68         provisions on permitting related to nonnative plants;
   69         clarifying exemption provisions; providing greater
   70         flexibility in reducing the amount of bond required;
   71         requiring the Department of Agriculture and Consumer
   72         Services to conduct a statewide forest inventory;
   73         requiring the Department of Agriculture and Consumer
   74         Services to work with other specified entities to
   75         develop information on cost savings for energy
   76         efficiency and conservation measures and post it on
   77         the department’s website; requiring the Public Service
   78         Commission to evaluate the provisions in the Florida
   79         Energy Efficiency and Conservation Act; requiring
   80         reports to the Legislature and the Executive Office of
   81         the Governor; providing an effective date.
   83  Be It Enacted by the Legislature of the State of Florida:
   85         Section 1. Subsection (1) of section 170.01, Florida
   86  Statutes, is amended to read:
   87         170.01 Authority for providing improvements and levying and
   88  collecting special assessments against property benefited.—
   89         (1) Any municipality of this state may, by its governing
   90  authority:
   91         (a) Provide for the construction, reconstruction, repair,
   92  paving, repaving, hard surfacing, rehard surfacing, widening,
   93  guttering, and draining of streets, boulevards, and alleys; for
   94  grading, regrading, leveling, laying, relaying, paving,
   95  repaving, hard surfacing, and rehard surfacing of sidewalks; for
   96  constructing or reconstructing permanent pedestrian canopies
   97  over public sidewalks; and in connection with any of the
   98  foregoing, provide related lighting, landscaping, street
   99  furniture, signage, and other amenities as determined by the
  100  governing authority of the municipality;
  101         (b) Order the construction, reconstruction, repair,
  102  renovation, excavation, grading, stabilization, and upgrading of
  103  greenbelts, swales, culverts, sanitary sewers, storm sewers,
  104  outfalls, canals, primary, secondary, and tertiary drains, water
  105  bodies, marshlands, and natural areas, all or part of a
  106  comprehensive stormwater management system, including the
  107  necessary appurtenances and structures thereto and including,
  108  but not limited to, dams, weirs, and pumps;
  109         (c) Order the construction or reconstruction of water
  110  mains, water laterals, alternative water supply systems,
  111  including, but not limited to, reclaimed water, aquifer storage
  112  and recovery, and desalination systems, and other water
  113  distribution facilities, including the necessary appurtenances
  114  thereto;
  115         (d) Pay for the relocation of utilities, including the
  116  placement underground of electrical, telephone, and cable
  117  television services, pursuant to voluntary agreement with the
  118  utility, but nothing contained in this paragraph shall affect a
  119  utility’s right to locate or relocate its facilities on its own
  120  initiative at its own expense;
  121         (e) Provide for the construction or reconstruction of parks
  122  and other public recreational facilities and improvements,
  123  including appurtenances thereto;
  124         (f) Provide for the construction or reconstruction of
  125  seawalls;
  126         (g) Provide for the drainage and reclamation of wet, low,
  127  or overflowed lands;
  128         (h) Provide for offstreet parking facilities, parking
  129  garages, or similar facilities;
  130         (i) Provide for mass transportation systems;
  131         (j) Provide for improvements to permit the passage and
  132  navigation of watercraft; and
  133         (k) Pay the additional costs of renewable energy, as
  134  defined in s. 366.91, which are in excess of a public utility’s
  135  full avoided costs, as defined in s. 366.051, pursuant to an
  136  agreement with the public utility; and
  137         (l)(k) Provide for the payment of all or any part of the
  138  costs of any such improvements by levying and collecting special
  139  assessments on the abutting, adjoining, contiguous, or other
  140  specially benefited property.
  142  However, offstreet parking facilities, parking garages, or other
  143  similar facilities and mass transportation systems must be
  144  approved by vote of a majority of the affected property owners.
  145  Any municipality that which is legally obligated for providing
  146  capital improvements for water, alternative water supplies,
  147  including, but not limited to, reclaimed water, water from
  148  aquifer storage and recovery, and desalination systems, or sewer
  149  facilities within an unincorporated area of the county may
  150  recover the costs of the capital improvements by levying and
  151  collecting special assessments for the purposes authorized in
  152  this section on the specially benefited property; however,
  153  collections of the special assessment may shall not take place
  154  until the specially benefited property connects to the capital
  155  improvement.
  156         Section 2. Subsection (2) of section 186.801, Florida
  157  Statutes, is amended to read:
  158         186.801 Ten-year site plans.—
  159         (2) Within 9 months after the receipt of the proposed plan,
  160  the commission shall make a preliminary study of such plan and
  161  classify it as “suitable” or “unsuitable.” The commission may
  162  suggest alternatives to the plan. All findings of the commission
  163  shall be made available to the Department of Environmental
  164  Protection for its consideration at any subsequent electrical
  165  power plant site certification proceedings. It is recognized
  166  that 10-year site plans submitted by an electric utility are
  167  tentative information for planning purposes only and may be
  168  amended at any time at the discretion of the utility upon
  169  written notification to the commission. A complete application
  170  for certification of an electrical power plant site under
  171  chapter 403, when such site is not designated in the current 10
  172  year site plan of the applicant, shall constitute an amendment
  173  to the 10-year site plan. In its preliminary study of each 10
  174  year site plan, the commission shall consider such plan as a
  175  planning document and shall review:
  176         (a) The need, including the need as determined by the
  177  commission, for electrical power in the area to be served.
  178         (b) The effect on fuel diversity within the state.
  179         (c) The anticipated environmental impact of each proposed
  180  electrical power plant site.
  181         (d) Possible alternatives to the proposed plan.
  182         (e) The views of appropriate local, state, and federal
  183  agencies, including the views of the appropriate water
  184  management district as to the availability of water and its
  185  recommendation as to the use by the proposed plant of salt water
  186  or fresh water for cooling purposes.
  187         (f) The extent to which the plan is consistent with the
  188  state comprehensive plan.
  189         (g) The plan with respect to the information of the state
  190  on energy availability and consumption.
  191         (h) The amount of renewable energy resources the provider
  192  produces or purchases.
  193         (i) The amount of renewable energy resources the provider
  194  plans to produce or purchase over the 10-year planning horizon
  195  and the means by which the production or purchases will be
  196  achieved.
  197         (j) A statement describing how the production and purchase
  198  of renewable energy resources impact the provider’s present and
  199  future capacity and energy needs.
  200         Section 3. Paragraph (d) of subsection (2) of section
  201  212.055, Florida Statutes, is amended to read:
  202         212.055 Discretionary sales surtaxes; legislative intent;
  203  authorization and use of proceeds.—It is the legislative intent
  204  that any authorization for imposition of a discretionary sales
  205  surtax shall be published in the Florida Statutes as a
  206  subsection of this section, irrespective of the duration of the
  207  levy. Each enactment shall specify the types of counties
  208  authorized to levy; the rate or rates which may be imposed; the
  209  maximum length of time the surtax may be imposed, if any; the
  210  procedure which must be followed to secure voter approval, if
  211  required; the purpose for which the proceeds may be expended;
  212  and such other requirements as the Legislature may provide.
  213  Taxable transactions and administrative procedures shall be as
  214  provided in s. 212.054.
  216         (d) The proceeds of the surtax authorized by this
  217  subsection and any accrued interest shall be expended by the
  218  school district, within the county and municipalities within the
  219  county, or, in the case of a negotiated joint county agreement,
  220  within another county, to finance, plan, and construct
  221  infrastructure; to acquire land for public recreation,
  222  conservation, or protection of natural resources; to provide
  223  financial assistance to owners of residential property who make
  224  energy efficiency improvements to, or purchase and install
  225  renewable energy devices in, the residential property; or to
  226  finance the closure of county-owned or municipally owned solid
  227  waste landfills that have been closed or are required to be
  228  closed by order of the Department of Environmental Protection.
  229  Any use of the proceeds or interest for purposes of landfill
  230  closure before July 1, 1993, is ratified. The proceeds and any
  231  interest may not be used for the operational expenses of
  232  infrastructure, except that a county that has a population of
  233  fewer than 75,000 and that is required to close a landfill may
  234  use the proceeds or interest for long-term maintenance costs
  235  associated with landfill closure. Counties, as defined in s.
  236  125.011, and charter counties may, in addition, use the proceeds
  237  or interest to retire or service indebtedness incurred for bonds
  238  issued before July 1, 1987, for infrastructure purposes, and for
  239  bonds subsequently issued to refund such bonds. Any use of the
  240  proceeds or interest for purposes of retiring or servicing
  241  indebtedness incurred for refunding bonds before July 1, 1999,
  242  is ratified.
  243         1. For the purposes of this paragraph, the term
  244  “infrastructure” means:
  245         a. Any fixed capital expenditure or fixed capital outlay
  246  associated with the construction, reconstruction, or improvement
  247  of public facilities that have a life expectancy of 5 or more
  248  years and any related land acquisition, land improvement,
  249  design, and engineering costs.
  250         b. A fire department vehicle, an emergency medical service
  251  vehicle, a sheriff’s office vehicle, a police department
  252  vehicle, or any other vehicle, and the equipment necessary to
  253  outfit the vehicle for its official use or equipment that has a
  254  life expectancy of at least 5 years.
  255         c. Any expenditure for the construction, lease, or
  256  maintenance of, or provision of utilities or security for,
  257  facilities, as defined in s. 29.008.
  258         d. Any fixed capital expenditure or fixed capital outlay
  259  associated with the improvement of private facilities that have
  260  a life expectancy of 5 or more years and that the owner agrees
  261  to make available for use on a temporary basis as needed by a
  262  local government as a public emergency shelter or a staging area
  263  for emergency response equipment during an emergency officially
  264  declared by the state or by the local government under s.
  265  252.38. Such improvements are limited to those necessary to
  266  comply with current standards for public emergency evacuation
  267  shelters. The owner must enter into a written contract with the
  268  local government providing the improvement funding to make the
  269  private facility available to the public for purposes of
  270  emergency shelter at no cost to the local government for a
  271  minimum of 10 years after completion of the improvement, with
  272  the provision that the obligation will transfer to any
  273  subsequent owner until the end of the minimum period.
  274         e. Any land acquisition expenditure for a residential
  275  housing project in which at least 30 percent of the units are
  276  affordable to individuals or families whose total annual
  277  household income does not exceed 120 percent of the area median
  278  income adjusted for household size, if the land is owned by a
  279  local government or by a special district that enters into a
  280  written agreement with the local government to provide such
  281  housing. The local government or special district may enter into
  282  a ground lease with a public or private person or entity for
  283  nominal or other consideration for the construction of the
  284  residential housing project on land acquired pursuant to this
  285  sub-subparagraph.
  286         2. For the purposes of this paragraph, the term “renewable
  287  energy devices” means any of the following equipment that, when
  288  installed in connection with a dwelling unit or other structure,
  289  collects, transmits, stores, or uses solar energy, wind energy,
  290  or energy derived from geothermal deposits:
  291         a. Solar energy collectors.
  292         b. Storage tanks and other storage systems, excluding
  293  swimming pools used as storage tanks.
  294         c. Rockbeds.
  295         d. Thermostats and other control devices.
  296         e. Heat exchange devices.
  297         f. Pumps and fans.
  298         g. Roof ponds.
  299         h. Freestanding thermal containers.
  300         i. Pipes, ducts, refrigerant handling systems, and other
  301  equipment used to interconnect such systems, excluding
  302  conventional backup systems of any type.
  303         j. Windmills.
  304         k. Wind-driven generators.
  305         l. Power conditioning and storage devices that use wind
  306  energy to generate electricity or mechanical forms of energy.
  307         m. Pipes and other equipment used to transmit hot
  308  geothermal water to a dwelling or structure from a geothermal
  309  deposit.
  310         3. For the purposes of this paragraph, the term “energy
  311  efficiency improvement” means any energy conservation and
  312  efficiency improvement that reduces consumption through
  313  conservation or a more efficient use of electricity, natural
  314  gas, propane, or other forms of energy on the property,
  315  including, but not limited to, air sealing; installation of
  316  insulation; installation of energy-efficient heating, cooling,
  317  or ventilation systems; building modifications to increase the
  318  use of daylight; replacement of windows; installation of energy
  319  controls or energy recovery systems; installation of electric
  320  vehicle charging equipment; and installation of efficient
  321  lighting equipment.
  322         4.2. Notwithstanding any other provision of this
  323  subsection, a local government infrastructure surtax imposed or
  324  extended after July 1, 1998, may allocate up to 15 percent of
  325  the surtax proceeds for deposit in a trust fund within the
  326  county’s accounts created for the purpose of funding economic
  327  development projects having a general public purpose of
  328  improving local economies, including the funding of operational
  329  costs and incentives related to economic development. The ballot
  330  statement must indicate the intention to make an allocation
  331  under the authority of this subparagraph.
  332         Section 4. Paragraph (hhh) is added to subsection (7) of
  333  section 212.08, Florida Statutes, to read:
  334         212.08 Sales, rental, use, consumption, distribution, and
  335  storage tax; specified exemptions.—The sale at retail, the
  336  rental, the use, the consumption, the distribution, and the
  337  storage to be used or consumed in this state of the following
  338  are hereby specifically exempt from the tax imposed by this
  339  chapter.
  340         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  341  entity by this chapter do not inure to any transaction that is
  342  otherwise taxable under this chapter when payment is made by a
  343  representative or employee of the entity by any means,
  344  including, but not limited to, cash, check, or credit card, even
  345  when that representative or employee is subsequently reimbursed
  346  by the entity. In addition, exemptions provided to any entity by
  347  this subsection do not inure to any transaction that is
  348  otherwise taxable under this chapter unless the entity has
  349  obtained a sales tax exemption certificate from the department
  350  or the entity obtains or provides other documentation as
  351  required by the department. Eligible purchases or leases made
  352  with such a certificate must be in strict compliance with this
  353  subsection and departmental rules, and any person who makes an
  354  exempt purchase with a certificate that is not in strict
  355  compliance with this subsection and the rules is liable for and
  356  shall pay the tax. The department may adopt rules to administer
  357  this subsection.
  358         (hhh) Equipment, machinery, and other materials for
  359  renewable energy technologies.
  360         1.As used in this paragraph, the term:
  361         a.“Biodiesel” means the mono-alkyl esters of long-chain
  362  fatty acids derived from plant or animal matter for use as a
  363  source of energy and meeting the specifications for biodiesel
  364  and biodiesel blends with petroleum products as adopted by rule
  365  of the Department of Agriculture and Consumer Services.
  366  Biodiesel may refer to biodiesel blends designated BXX, where XX
  367  represents the volume percentage of biodiesel fuel in the blend.
  368         b. “Ethanol” means an anhydrous denatured alcohol produced
  369  by the conversion of carbohydrates meeting the specifications
  370  for fuel ethanol and fuel ethanol blends with petroleum products
  371  as adopted by rule of the Department of Agriculture and Consumer
  372  Services. Ethanol may refer to fuel ethanol blends designated
  373  EXX, where XX represents the volume percentage of fuel ethanol
  374  in the blend.
  375         c. “Renewable fuel” means a fuel that has been approved by
  376  the United States Environmental Protection Agency, that is
  377  produced from biomass as defined in s. 366.91(2)(a), and that is
  378  used to replace or reduce the quantity of fossil fuel present in
  379  a transportation fuel.
  380         2. The sale or use of the following materials in the state
  381  is exempt from the tax imposed by this chapter. Materials used
  382  in the distribution of biodiesel (B10-B100), ethanol (E10-E100),
  383  and other renewable fuels, including fueling infrastructure,
  384  transportation, and storage, are exempt up to a limit of $1
  385  million in tax each state fiscal year for all taxpayers.
  386  Gasoline fueling station pump retrofits for biodiesel (B10
  387  B100), ethanol (E10-E100), and other renewable fuels
  388  distribution qualify for the exemption provided in this
  389  paragraph.
  390         3. The Department of Agriculture and Consumer Services
  391  shall provide to the department a list of items eligible for the
  392  exemption provided in this paragraph.
  393         4.a. The exemption provided in this paragraph is available
  394  to a purchaser only through a refund of previously paid taxes.
  395  An eligible item is subject to refund one time. A person who has
  396  received a refund on an eligible item must notify the next
  397  purchaser of the item that the item is not eligible for a refund
  398  of paid taxes. The notification must be provided to each
  399  subsequent purchaser on the sales invoice or other proof of
  400  purchase.
  401         b. To be eligible to receive the exemption provided in this
  402  paragraph, a purchaser must file an application with the
  403  Department of Agriculture and Consumer Services. The application
  404  shall be developed by the Department of Agriculture and Consumer
  405  Services, in consultation with the department, and must require:
  406         (I) The name and address of the person claiming the refund.
  407         (II) A specific description of the purchase for which a
  408  refund is sought, including, when applicable, a serial number or
  409  other permanent identification number.
  410         (III) The sales invoice or other proof of purchase showing
  411  the amount of sales tax paid, the date of purchase, and the name
  412  and address of the sales tax dealer from whom the property was
  413  purchased.
  414         (IV) A sworn statement that the information provided is
  415  accurate and that the requirements of this paragraph have been
  416  met.
  417         c. Within 30 days after receipt of an application, the
  418  Department of Agriculture and Consumer Services shall evaluate
  419  the application and notify the applicant of any deficiencies.
  420  Upon receipt of a completed application, the Department of
  421  Agriculture and Consumer Services shall evaluate the application
  422  for the exemption and issue a written certification that the
  423  applicant is eligible for a refund or issue a written denial of
  424  the certification. The Department of Agriculture and Consumer
  425  Services shall provide the department a copy of each
  426  certification issued upon approval of an application.
  427         d. Each certified applicant is responsible for forwarding a
  428  certified copy of the application and copies of all required
  429  documentation to the department within 6 months after
  430  certification by the Department of Agriculture and Consumer
  431  Services.
  432         e. A refund approved pursuant to this paragraph must be
  433  made within 30 days after approval by the department.
  434         f. The Department of Agriculture and Consumer Services may
  435  adopt by rule the form for the application for a certificate,
  436  requirements for the content and format of information submitted
  437  to the Department of Agriculture and Consumer Services in
  438  support of the application, other procedural requirements, and
  439  criteria by which the application will be determined. The
  440  department may adopt all other rules pursuant to ss. 120.536(1)
  441  and 120.54 to administer this paragraph, including rules
  442  establishing additional forms and procedures for claiming the
  443  exemption.
  444         g. The Department of Agriculture and Consumer Services
  445  shall ensure that the total amount of the exemptions authorized
  446  do not exceed the limits specified in subparagraph 2.
  447         5. Approval of the exemptions under this paragraph is on a
  448  first-come, first-served basis, based upon the date complete
  449  applications are received by the Department of Agriculture and
  450  Consumer Services. Incomplete placeholder applications will not
  451  be accepted and will not secure a place in the first-come,
  452  first-served application line. The Department of Agriculture and
  453  Consumer Services shall determine and publish on its website on
  454  a regular basis the amount of sales tax funds remaining in each
  455  fiscal year.
  456         6. This paragraph expires July 1, 2016.
  457         Section 5. Subsections (1), (2), (6), (7), and (8) of
  458  section 220.192, Florida Statutes, are amended to read:
  459         220.192 Renewable energy technologies investment tax
  460  credit.—
  461         (1) DEFINITIONS.—For purposes of this section, the term:
  462         (a) “Biodiesel” means biodiesel as defined in s.
  463  212.08(7)(hhh) former s. 212.08(7)(ccc).
  464         (b) “Corporation” includes a general partnership, limited
  465  partnership, limited liability company, unincorporated business,
  466  or other business entity, including entities taxed as
  467  partnerships for federal income tax purposes.
  468         (c) “Eligible costs” means:
  469         1. Seventy-five percent of all capital costs, operation and
  470  maintenance costs, and research and development costs incurred
  471  between July 1, 2006, and June 30, 2010, up to a limit of $3
  472  million per state fiscal year for all taxpayers, in connection
  473  with an investment in hydrogen-powered vehicles and hydrogen
  474  vehicle fueling stations in the state, including, but not
  475  limited to, the costs of constructing, installing, and equipping
  476  such technologies in the state.
  477         2. Seventy-five percent of all capital costs, operation and
  478  maintenance costs, and research and development costs incurred
  479  between July 1, 2006, and June 30, 2010, up to a limit of $1.5
  480  million per state fiscal year for all taxpayers, and limited to
  481  a maximum of $12,000 per fuel cell, in connection with an
  482  investment in commercial stationary hydrogen fuel cells in the
  483  state, including, but not limited to, the costs of constructing,
  484  installing, and equipping such technologies in the state.
  485         3. seventy-five percent of all capital costs, operation and
  486  maintenance costs, and research and development costs incurred
  487  between July 1, 2012, and July 1, 2016 July 1, 2006, and June
  488  30, 2010, up to a limit of $10 $6.5 million per state fiscal
  489  year for all taxpayers, in connection with an investment in the
  490  production, storage, and distribution of biodiesel (B10-B100),
  491  and ethanol (E10-E100), and renewable fuel in the state,
  492  including the costs of constructing, installing, and equipping
  493  such technologies in the state. Gasoline fueling station pump
  494  retrofits for ethanol (E10-E100) distribution qualify as an
  495  eligible cost under this subparagraph. Each applicant is
  496  eligible to receive up to $1 million in tax credits.
  497         (d) “Ethanol” means ethanol as defined in s. 212.08(7)(hhh)
  498  former s. 212.08(7)(ccc).
  499         (e)“Renewable fuel” means a fuel that has been approved by
  500  the United States Environmental Protection Agency, that is
  501  produced from biomass as defined in s. 366.91(2)(a), and that is
  502  used to replace or reduce the quantity of fossil fuel present in
  503  a transportation fuel.
  504         (e) “Hydrogen fuel cell” means hydrogen fuel cell as
  505  defined in former s. 212.08(7)(ccc).
  506         (f) “Taxpayer” includes a corporation as defined in
  507  paragraph (b) or s. 220.03.
  508         (2) TAX CREDIT.—For tax years beginning on or after January
  509  1, 2013 January 1, 2007, a credit against the tax imposed by
  510  this chapter shall be granted in an amount equal to the eligible
  511  costs. Credits may be used in tax years beginning January 1,
  512  2013 January 1, 2007, and ending December 31, 2016 December 31,
  513  2010, after which the credit shall expire. If the credit is not
  514  fully used in any one tax year because of insufficient tax
  515  liability on the part of the corporation, the unused amount may
  516  be carried forward and used in tax years beginning January 1,
  517  2013 January 1, 2007, and ending December 31, 2018 December 31,
  518  2012, after which the credit carryover expires and may not be
  519  used. A taxpayer that files a consolidated return in this state
  520  as a member of an affiliated group under s. 220.131(1) may be
  521  allowed the credit on a consolidated return basis up to the
  522  amount of tax imposed upon the consolidated group. Any eligible
  523  cost for which a credit is claimed and which is deducted or
  524  otherwise reduces federal taxable income shall be added back in
  525  computing adjusted federal income under s. 220.13.
  527         (a) For tax years beginning on or after January 1, 2014
  528  January 1, 2009, any corporation or subsequent transferee
  529  allowed a tax credit under this section may transfer the credit,
  530  in whole or in part, to any taxpayer by written agreement
  531  without transferring any ownership interest in the property
  532  generating the credit or any interest in the entity owning such
  533  property. The transferee is entitled to apply the credits
  534  against the tax with the same effect as if the transferee had
  535  incurred the eligible costs.
  536         (b) To perfect the transfer, the transferor shall provide
  537  the Department of Revenue with a written transfer statement
  538  notifying the Department of Revenue of the transferor’s intent
  539  to transfer the tax credits to the transferee; the date the
  540  transfer is effective; the transferee’s name, address, and
  541  federal taxpayer identification number; the tax period; and the
  542  amount of tax credits to be transferred. The Department of
  543  Revenue shall, upon receipt of a transfer statement conforming
  544  to the requirements of this section, provide the transferee with
  545  a certificate reflecting the tax credit amounts transferred. A
  546  copy of the certificate must be attached to each tax return for
  547  which the transferee seeks to apply such tax credits.
  548         (c) A tax credit authorized under this section that is held
  549  by a corporation and not transferred under this subsection shall
  550  be passed through to the taxpayers designated as partners,
  551  members, or owners, respectively, in the manner agreed to by
  552  such persons regardless of whether such partners, members, or
  553  owners are allocated or allowed any portion of the federal
  554  energy tax credit for the eligible costs. A corporation that
  555  passes the credit through to a partner, member, or owner must
  556  comply with the notification requirements described in paragraph
  557  (b). The partner, member, or owner must attach a copy of the
  558  certificate to each tax return on which the partner, member, or
  559  owner claims any portion of the credit.
  560         (7) RULES.—The Department of Revenue in coordination with
  561  the Department of Agriculture and Consumer Services shall have
  562  the authority to adopt rules pursuant to ss. 120.536(1) and
  563  120.54 to administer this section, including rules relating to:
  564         (a) The forms required to claim a tax credit under this
  565  section, the requirements and basis for establishing an
  566  entitlement to a credit, and the examination and audit
  567  procedures required to administer this section.
  568         (b) The implementation and administration of the provisions
  569  allowing a transfer of a tax credit, including rules prescribing
  570  forms, reporting requirements, and specific procedures,
  571  guidelines, and requirements necessary to transfer a tax credit.
  572         (8) PUBLICATION.—The Department of Agriculture and Consumer
  573  Services shall determine and publish on its website on a regular
  574  basis the amount of available tax credits remaining in each
  575  fiscal year.
  576         Section 6. Section 220.193, Florida Statutes, is amended to
  577  read:
  578         220.193 Florida renewable energy production credit.—
  579         (1) The purpose of this section is to encourage the
  580  development and expansion of facilities that produce renewable
  581  energy in Florida.
  582         (2) As used in this section, the term:
  583         (a) “Commission” shall mean the Public Service Commission.
  584         (b) “Department” shall mean the Department of Revenue.
  585         (c) “Expanded facility” shall mean a Florida renewable
  586  energy facility that increases its electrical production and
  587  sale by more than 5 percent above the facility’s electrical
  588  production and sale during the 2011 2005 calendar year.
  589         (d) “Florida renewable energy facility” shall mean a
  590  facility in the state that produces electricity for sale from
  591  renewable energy, as defined in s. 377.803.
  592         (e) “New facility” shall mean a Florida renewable energy
  593  facility that is operationally placed in service after May 1,
  594  2012 2006.
  595         (f) “Sale” or “sold” includes the use of electricity by the
  596  producer of such electricity which decreases the amount of
  597  electricity that the producer would otherwise have to purchase.
  598         (g) “Taxpayer” includes a general partnership, limited
  599  partnership, limited liability company, trust, or other
  600  artificial entity in which a corporation, as defined in s.
  601  220.03(1)(e), owns an interest and is taxed as a partnership or
  602  is disregarded as a separate entity from the corporation under
  603  this chapter.
  604         (3) An annual credit against the tax imposed by this
  605  section shall be allowed to a taxpayer, based on the taxpayer’s
  606  production and sale of electricity from a new or expanded
  607  Florida renewable energy facility. For a new facility, the
  608  credit shall be based on the taxpayer’s sale of the facility’s
  609  entire electrical production. For an expanded facility, the
  610  credit shall be based on the increases in the facility’s
  611  electrical production that are achieved after May 1, 2012 2006.
  612  Each applicant is eligible to receive up to $500,000 in tax
  613  credits.
  614         (a) The credit shall be $0.01 for each kilowatt-hour of
  615  electricity produced and sold by the taxpayer to an unrelated
  616  party during a given tax year.
  617         (b) The credit may be claimed for electricity produced and
  618  sold on or after January 1, 2013 2007. Beginning in 2014 2008
  619  and continuing until 2017 2011, each taxpayer claiming a credit
  620  under this section must first apply to the department by
  621  February 1 of each year for an allocation of available credit.
  622  The department, in consultation with the commission, shall
  623  develop an application form. The application form shall, at a
  624  minimum, require a sworn affidavit from each taxpayer certifying
  625  the increase in production and sales that form the basis of the
  626  application and certifying that all information contained in the
  627  application is true and correct.
  628         (c) If the amount of credits applied for each year exceeds
  629  $5 million, the department shall award to each applicant a
  630  prorated amount based on each applicant’s increased production
  631  and sales and the increased production and sales of all
  632  applicants.
  633         (d) If the credit granted pursuant to this section is not
  634  fully used in one year because of insufficient tax liability on
  635  the part of the taxpayer, the unused amount may be carried
  636  forward for a period not to exceed 5 years. The carryover credit
  637  may be used in a subsequent year when the tax imposed by this
  638  chapter for such year exceeds the credit for such year, after
  639  applying the other credits and unused credit carryovers in the
  640  order provided in s. 220.02(8).
  641         (e) A taxpayer that files a consolidated return in this
  642  state as a member of an affiliated group under s. 220.131(1) may
  643  be allowed the credit on a consolidated return basis up to the
  644  amount of tax imposed upon the consolidated group.
  645         (f)1. Tax credits that may be available under this section
  646  to an entity eligible under this section may be transferred
  647  after a merger or acquisition to the surviving or acquiring
  648  entity and used in the same manner with the same limitations.
  649         2. The entity or its surviving or acquiring entity as
  650  described in subparagraph 1. may transfer any unused credit in
  651  whole or in units of no less than 25 percent of the remaining
  652  credit. The entity acquiring such credit may use it in the same
  653  manner and with the same limitations under this section. Such
  654  transferred credits may not be transferred again although they
  655  may succeed to a surviving or acquiring entity subject to the
  656  same conditions and limitations as described in this section.
  657         3. In the event the credit provided for under this section
  658  is reduced as a result of an examination or audit by the
  659  department, such tax deficiency shall be recovered from the
  660  first entity or the surviving or acquiring entity to have
  661  claimed such credit up to the amount of credit taken. Any
  662  subsequent deficiencies shall be assessed against any entity
  663  acquiring and claiming such credit, or in the case of multiple
  664  succeeding entities in the order of credit succession.
  665         (g) Notwithstanding any other provision of this section,
  666  credits for the production and sale of electricity from a new or
  667  expanded Florida renewable energy facility may be earned between
  668  January 1, 2013 2007, and June 30, 2016 2010. The combined total
  669  amount of tax credits which may be granted for all taxpayers
  670  under this section is limited to $5 million per state fiscal
  671  year.
  672         (h) A taxpayer claiming a credit under this section shall
  673  be required to add back to net income that portion of its
  674  business deductions claimed on its federal return paid or
  675  incurred for the taxable year which is equal to the amount of
  676  the credit allowable for the taxable year under this section.
  677         (i) A taxpayer claiming credit under this section may not
  678  claim a credit under s. 220.192. A taxpayer claiming credit
  679  under s. 220.192 may not claim a credit under this section.
  680         (j) When an entity treated as a partnership or a
  681  disregarded entity under this chapter produces and sells
  682  electricity from a new or expanded renewable energy facility,
  683  the credit earned by such entity shall pass through in the same
  684  manner as items of income and expense pass through for federal
  685  income tax purposes. When an entity applies for the credit and
  686  the entity has received the credit by a pass-through, the
  687  application must identify the taxpayer that passed the credit
  688  through, all taxpayers that received the credit, and the
  689  percentage of the credit that passes through to each recipient
  690  and must provide other information that the department requires.
  691         (k) A taxpayer’s use of the credit granted pursuant to this
  692  section does not reduce the amount of any credit available to
  693  such taxpayer under s. 220.186.
  694         (4) The department may adopt rules to implement and
  695  administer this section, including rules prescribing forms, the
  696  documentation needed to substantiate a claim for the tax credit,
  697  and the specific procedures and guidelines for claiming the
  698  credit.
  699         (5) This section shall take effect upon becoming law and
  700  shall apply to tax years beginning on and after January 1, 2013
  701  2007.
  702         Section 7. Section 255.257, Florida Statutes, is amended to
  703  read:
  704         255.257 Energy management; buildings occupied by state
  705  agencies.—
  706         (1) ENERGY CONSUMPTION AND COST DATA.—Each state agency
  707  shall collect data on energy consumption and cost. The data
  708  gathered shall be on state-owned facilities and metered state
  709  leased facilities that are used by the state and are 5,000
  710  square feet or more of conditioned space of 5,000 net square
  711  feet or more. These data will be used in the computation of the
  712  effectiveness of the state energy management plan and the
  713  effectiveness of the energy management program of each of the
  714  state agencies. Collected data shall be reported annually to the
  715  department in a format prescribed by the department.
  716         (2) ENERGY MANAGEMENT COORDINATORS.—Each state agency, the
  717  Florida Public Service Commission, the Department of Military
  718  Affairs, and the judicial branch shall appoint a coordinator
  719  whose responsibility shall be to advise the head of the state
  720  agency on matters relating to energy consumption in facilities
  721  under the control of that head or in space occupied by the
  722  various units comprising that state agency, in vehicles operated
  723  by that state agency, and in other energy-consuming activities
  724  of the state agency. The coordinator shall implement the energy
  725  management program agreed upon by the state agency concerned and
  726  assist the department in the development of the State Energy
  727  Management Plan.
  729  Department of Management Services, in coordination with the
  730  Department of Agriculture and Consumer Services, shall adopt
  731  rules and forms for the development of the develop a state
  732  energy management plan consisting of, but not limited to, the
  733  following elements:
  734         (a) Data-gathering requirements;
  735         (b)Standard and uniform benchmark requirements as a
  736  measure to evaluate the energy efficiency of state-owned and
  737  state-leased buildings;
  738         (c)(b) Building energy audit procedures;
  739         (d)(c)Standard and uniform data analysis and reporting
  740  procedures;
  741         (e)(d) Employee energy education program measures;
  742         (f)(e) Energy consumption reduction techniques;
  743         (g)(f) Training program for state agency energy management
  744  coordinators; and
  745         (h)(g) Guidelines for building managers.
  747  The plan shall include a description of actions that state
  748  agencies shall take to reduce consumption of electricity and
  749  nonrenewable energy sources used for space heating and cooling,
  750  ventilation, lighting, water heating, and transportation.
  751         (4) ADOPTION OF STANDARDS.—
  752         (a) Each All state agency agencies shall adopt a standard
  753  and uniform statewide sustainable building rating system or use
  754  a national model green building code for all new buildings and
  755  renovations to existing buildings.
  756         (b) A No state agency may not shall enter into new leasing
  757  agreements for office space that does not meet Energy Star
  758  building standards, except when the appropriate state agency
  759  head determines that no other viable or cost-effective
  760  alternative exists.
  761         (c) Each All state agency agencies shall develop energy
  762  conservation measures and guidelines for new and existing office
  763  space where state agencies occupy more than 5,000 square feet or
  764  more of conditioned space. These conservation measures shall
  765  focus on programs that may reduce energy consumption and, when
  766  established, provide a net reduction in occupancy costs.
  767         Section 8. Paragraph (q) of subsection (2) of section
  768  288.106, Florida Statutes, is amended to read:
  769         288.106 Tax refund program for qualified target industry
  770  businesses.—
  771         (2) DEFINITIONS.—As used in this section:
  772         (q) “Target industry business” means a corporate
  773  headquarters business or any business that is engaged in one of
  774  the target industries identified pursuant to the following
  775  criteria developed by the department in consultation with
  776  Enterprise Florida, Inc.:
  777         1. Future growth.—Industry forecasts should indicate strong
  778  expectation for future growth in both employment and output,
  779  according to the most recent available data. Special
  780  consideration should be given to businesses that export goods
  781  to, or provide services in, international markets and businesses
  782  that replace domestic and international imports of goods or
  783  services.
  784         2. Stability.—The industry should not be subject to
  785  periodic layoffs, whether due to seasonality or sensitivity to
  786  volatile economic variables such as weather. The industry should
  787  also be relatively resistant to recession, so that the demand
  788  for products of this industry is not typically subject to
  789  decline during an economic downturn.
  790         3. High wage.—The industry should pay relatively high wages
  791  compared to statewide or area averages.
  792         4. Market and resource independent.—The location of
  793  industry businesses should not be dependent on Florida markets
  794  or resources as indicated by industry analysis, except for
  795  businesses in the renewable energy industry.
  796         5. Industrial base diversification and strengthening.—The
  797  industry should contribute toward expanding or diversifying the
  798  state’s or area’s economic base, as indicated by analysis of
  799  employment and output shares compared to national and regional
  800  trends. Special consideration should be given to industries that
  801  strengthen regional economies by adding value to basic products
  802  or building regional industrial clusters as indicated by
  803  industry analysis. Special consideration should also be given to
  804  the development of strong industrial clusters that include
  805  defense and homeland security businesses.
  806         6. Positive economic impact.—The industry is expected to
  807  have strong positive economic impacts on or benefits to the
  808  state or regional economies. Special consideration should be
  809  given to industries that facilitate the development of the state
  810  as a hub for domestic and global trade and logistics.
  812  The term does not include any business engaged in retail
  813  industry activities; any electrical utility company as defined
  814  in s. 366.02(2); any phosphate or other solid minerals
  815  severance, mining, or processing operation; any oil or gas
  816  exploration or production operation; or any business subject to
  817  regulation by the Division of Hotels and Restaurants of the
  818  Department of Business and Professional Regulation. Any business
  819  within NAICS code 5611 or 5614, office administrative services
  820  and business support services, respectively, may be considered a
  821  target industry business only after the local governing body and
  822  Enterprise Florida, Inc., make a determination that the
  823  community where the business may locate has conditions affecting
  824  the fiscal and economic viability of the local community or
  825  area, including but not limited to, factors such as low per
  826  capita income, high unemployment, high underemployment, and a
  827  lack of year-round stable employment opportunities, and such
  828  conditions may be improved by the location of such a business to
  829  the community. By January 1 of every 3rd year, beginning January
  830  1, 2011, the department, in consultation with Enterprise
  831  Florida, Inc., economic development organizations, the State
  832  University System, local governments, employee and employer
  833  organizations, market analysts, and economists, shall review
  834  and, as appropriate, revise the list of such target industries
  835  and submit the list to the Governor, the President of the
  836  Senate, and the Speaker of the House of Representatives.
  837         Section 9. Section 366.94, Florida Statutes, is created to
  838  read:
  839         366.94Electric vehicle charging stations.—
  840         (1) Providing electric vehicle charging service to the
  841  public is not the retail sale of electricity for the purposes of
  842  this chapter and the rates, terms, and conditions of electric
  843  vehicle charging services are not subject to regulation under
  844  this chapter regardless of the provider. This section does not
  845  affect the ability of an individual, business, or governmental
  846  entity to acquire, install, or use an electric vehicle charger
  847  for its own use for its own vehicle.
  848         (2) The Florida Building Commission, in coordination with
  849  the Department of Agriculture and Consumer Services and the
  850  Public Service Commission, shall develop rules to provide
  851  uniform standards for building and electric codes, local
  852  permitting, and the installation of electric vehicle charging
  853  stations. The development of these standards is expressly
  854  preempted to the state and any local governmental entity
  855  enforcing the subject areas of the standards established by this
  856  section must use the standards set forth pursuant to this
  857  section.
  858         (3) The Department of Agriculture and Consumer Services
  859  shall adopt rules to provide definitions, methods of sale,
  860  labeling requirements, and price-posting requirements for
  861  electric vehicle charging stations in order to provide
  862  consistency for consumers and the industry.
  863         (4) The Public Service Commission shall conduct a study of
  864  the effects of the charging stations on energy consumption in
  865  this state and the effects on the grid. The Public Service
  866  Commission shall also investigate the feasibility of using off
  867  grid solar photovoltaic power as a source of electricity for
  868  electric vehicle charging stations.
  869         (5) It is unlawful for a person to stop, stand, or park a
  870  vehicle that is not capable of using an electrical recharging
  871  station within any parking space specifically designated for
  872  charging an electric vehicle. If a law enforcement officer finds
  873  a motor vehicle in violation of this subsection, the officer or
  874  specialist shall charge the operator or other person in charge
  875  of the vehicle in violation with a noncriminal traffic
  876  infraction, punishable as provided in s. 316.008(4) or s.
  877  318.18.
  878         Section 10. Subsection (1) of section 526.203, Florida
  879  Statutes, is amended to read:
  880         526.203 Renewable fuel standard.—
  881         (1) DEFINITIONS.—As used in this act:
  882         (a) “Alternative fuel” means a fuel that is produced from
  883  biomass as defined in s. 366.91, that is used to replace or
  884  reduce the quantity of fossil fuel present in a petroleum fuel,
  885  and that meets the specifications adopted by the department.
  886         (b)(a) “Blender,” “importer,” “terminal supplier,” and
  887  “wholesaler” are defined as provided in s. 206.01.
  888         (c)(b) “Blended gasoline” means a mixture of 90 to 91
  889  percent gasoline and 9 to 10 percent fuel ethanol or other
  890  alternative fuel, by volume, that meets the specifications as
  891  adopted by the department. The fuel ethanol or other alternative
  892  fuel portion may be derived from any agricultural source.
  893         (d)(c) “Fuel ethanol” means an anhydrous denatured alcohol
  894  produced by the conversion of carbohydrates that meets the
  895  specifications as adopted by the department.
  896         (e)(d) “Unblended gasoline” means gasoline that has not
  897  been blended with fuel ethanol or other alternative fuel and
  898  that meets the specifications as adopted by the department.
  899         Section 11. Subsection (4) of section 581.083, Florida
  900  Statutes, is amended to read:
  901         581.083 Introduction or release of plant pests, noxious
  902  weeds, or organisms affecting plant life; cultivation of
  903  nonnative plants; special permit and security required.—
  904         (4) A person may not cultivate a nonnative plant, algae, or
  905  blue-green algae, including a genetically engineered plant,
  906  algae, or blue-green algae or a plant that has been introduced,
  907  for purposes of fuel production or purposes other than
  908  agriculture in plantings greater in size than 2 contiguous
  909  acres, except under a special permit issued by the department
  910  through the division, which is the sole agency responsible for
  911  issuing such special permits. The Such a permit is shall not be
  912  required if the department determines, after consulting in
  913  conjunction with the Institute of Food and Agricultural Sciences
  914  at the University of Florida, that, based on experience or
  915  research data, the nonnative plant, algae, or blue-green algae
  916  does not pose a known threat of becoming an is not invasive
  917  species or a pest of plants or native fauna under conditions in
  918  this state, and if the department and subsequently exempts the
  919  plant by rule.
  920         (a)1. Each application for a special permit must be
  921  accompanied by a fee as described in subsection (2) and proof
  922  that the applicant has obtained, on a form approved by the
  923  department, a bond in the form approved by the department and
  924  issued by a surety company admitted to do business in this
  925  state, or a certificate of deposit, or other type of security
  926  adopted by rule of the department which provides a financial
  927  assurance of cost-recovery for the removal of a planting. The
  928  application must include, on a form provided by the department,
  929  the name of the applicant and the applicant’s address or the
  930  address of the applicant’s principal place of business; a
  931  statement completely identifying the nonnative plant to be
  932  cultivated; and a statement of the estimated cost of removing
  933  and destroying the plant that is the subject of the special
  934  permit and the basis for calculating or determining that
  935  estimate. If the applicant is a corporation, partnership, or
  936  other business entity, the applicant must also provide in the
  937  application the name and address of each officer, partner, or
  938  managing agent. The applicant shall notify the department within
  939  10 business days after of any change of address or change in the
  940  principal place of business. The department shall mail all
  941  notices to the applicant’s last known address.
  942         2. As used in this subsection, the term “certificate of
  943  deposit” means a certificate of deposit at any recognized
  944  financial institution doing business in the United States. The
  945  department may not accept a certificate of deposit in connection
  946  with the issuance of a special permit unless the issuing
  947  institution is properly insured by the Federal Deposit Insurance
  948  Corporation or the Federal Savings and Loan Insurance
  949  Corporation.
  950         (b) Upon obtaining a permit, the permitholder may annually
  951  cultivate and maintain the nonnative plants as authorized by the
  952  special permit. If the permitholder ceases to maintain or
  953  cultivate the plants authorized by the special permit, if the
  954  permit expires, or if the permitholder ceases to abide by the
  955  conditions of the special permit, the permitholder shall
  956  immediately remove and destroy the plants that are subject to
  957  the permit, if any remain. The permitholder shall notify the
  958  department of the removal and destruction of the plants within
  959  10 days after such event.
  960         (c) If the department:
  961         1. Determines that the permitholder is no longer
  962  maintaining or cultivating the plants subject to the special
  963  permit and has not removed and destroyed the plants authorized
  964  by the special permit;
  965         2. Determines that the continued maintenance or cultivation
  966  of the plants presents an imminent danger to public health,
  967  safety, or welfare;
  968         3. Determines that the permitholder has exceeded the
  969  conditions of the authorized special permit; or
  970         4. Receives a notice of cancellation of the surety bond,
  972  the department may issue an immediate final order, which shall
  973  be immediately appealable or enjoinable as provided by chapter
  974  120, directing the permitholder to immediately remove and
  975  destroy the plants authorized to be cultivated under the special
  976  permit. A copy of the immediate final order must shall be mailed
  977  to the permitholder and to the surety company or financial
  978  institution that has provided security for the special permit,
  979  if applicable.
  980         (d) If, upon issuance by the department of an immediate
  981  final order to the permitholder, the permitholder fails to
  982  remove and destroy the plants subject to the special permit
  983  within 60 days after issuance of the order, or such shorter
  984  period as is designated in the order as public health, safety,
  985  or welfare requires, the department may enter the cultivated
  986  acreage and remove and destroy the plants that are the subject
  987  of the special permit. If the permitholder makes a written
  988  request to the department for an extension of time to remove and
  989  destroy the plants that demonstrates specific facts showing why
  990  the plants could not reasonably be removed and destroyed in the
  991  applicable timeframe, the department may extend the time for
  992  removing and destroying plants subject to a special permit. The
  993  reasonable costs and expenses incurred by the department for
  994  removing and destroying plants subject to a special permit shall
  995  be reimbursed to the department by the permitholder within 21
  996  days after the date the permitholder and the surety company or
  997  financial institution are served a copy of the department’s
  998  invoice for the costs and expenses incurred by the department to
  999  remove and destroy the cultivated plants, along with a notice of
 1000  administrative rights, unless the permitholder or the surety
 1001  company or financial institution object to the reasonableness of
 1002  the invoice. In the event of an objection, the permitholder or
 1003  surety company or financial institution is entitled to an
 1004  administrative proceeding as provided by chapter 120. Upon entry
 1005  of a final order determining the reasonableness of the incurred
 1006  costs and expenses, the permitholder has shall have 15 days
 1007  after following service of the final order to reimburse the
 1008  department. Failure of the permitholder to timely reimburse the
 1009  department for the incurred costs and expenses entitles the
 1010  department to reimbursement from the applicable bond or
 1011  certificate of deposit.
 1012         (e) Each permitholder shall maintain for each separate
 1013  growing location a bond or a certificate of deposit in an amount
 1014  determined by the department, but not more less than 150 percent
 1015  of the estimated cost of removing and destroying the cultivated
 1016  plants. The bond or certificate of deposit may not exceed $5,000
 1017  per acre, unless a higher amount is determined by the department
 1018  to be necessary to protect the public health, safety, and
 1019  welfare or unless an exemption is granted by the department
 1020  based on conditions specified in the application which would
 1021  preclude the department from incurring the cost of removing and
 1022  destroying the cultivated plants and would prevent injury to the
 1023  public health, safety, and welfare. The aggregate liability of
 1024  the surety company or financial institution to all persons for
 1025  all breaches of the conditions of the bond or certificate of
 1026  deposit may not exceed the amount of the bond or certificate of
 1027  deposit. The original bond or certificate of deposit required by
 1028  this subsection must shall be filed with the department. A
 1029  surety company shall give the department 30 days’ written notice
 1030  of cancellation, by certified mail, in order to cancel a bond.
 1031  Cancellation of a bond does not relieve a surety company of
 1032  liability for paying to the department all costs and expenses
 1033  incurred or to be incurred for removing and destroying the
 1034  permitted plants covered by an immediate final order authorized
 1035  under paragraph (c). A bond or certificate of deposit must be
 1036  provided or assigned in the exact name in which an applicant
 1037  applies for a special permit. The penal sum of the bond or
 1038  certificate of deposit to be furnished to the department by a
 1039  permitholder in the amount specified in this paragraph must
 1040  guarantee payment of the costs and expenses incurred or to be
 1041  incurred by the department for removing and destroying the
 1042  plants cultivated under the issued special permit. The bond or
 1043  certificate of deposit assignment or agreement must be upon a
 1044  form prescribed or approved by the department and must be
 1045  conditioned to secure the faithful accounting for and payment of
 1046  all costs and expenses incurred by the department for removing
 1047  and destroying all plants cultivated under the special permit.
 1048  The bond or certificate of deposit assignment or agreement must
 1049  include terms binding the instrument to the Commissioner of
 1050  Agriculture. Such certificate of deposit shall be presented with
 1051  an assignment of the permitholder’s rights in the certificate in
 1052  favor of the Commissioner of Agriculture on a form prescribed by
 1053  the department and with a letter from the issuing institution
 1054  acknowledging that the assignment has been properly recorded on
 1055  the books of the issuing institution and will be honored by the
 1056  issuing institution. Such assignment is irrevocable while a
 1057  special permit is in effect and for an additional period of 6
 1058  months after termination of the special permit if operations to
 1059  remove and destroy the permitted plants are not continuing and
 1060  if the department’s invoice remains unpaid by the permitholder
 1061  under the issued immediate final order. If operations to remove
 1062  and destroy the plants are pending, the assignment remains in
 1063  effect until all plants are removed and destroyed and the
 1064  department’s invoice has been paid. The bond or certificate of
 1065  deposit may be released by the assignee of the surety company or
 1066  financial institution to the permitholder, or to the
 1067  permitholder’s successors, assignee, or heirs, if operations to
 1068  remove and destroy the permitted plants are not pending and no
 1069  invoice remains unpaid at the conclusion of 6 months after the
 1070  last effective date of the special permit. The department may
 1071  not accept a certificate of deposit that contains any provision
 1072  that would give to any person any prior rights or claim on the
 1073  proceeds or principal of such certificate of deposit. The
 1074  department shall determine by rule whether an annual bond or
 1075  certificate of deposit will be required. The amount of such bond
 1076  or certificate of deposit shall be increased, upon order of the
 1077  department, at any time if the department finds such increase to
 1078  be warranted by the cultivating operations of the permitholder.
 1079  In the same manner, the amount of such bond or certificate of
 1080  deposit may be decreased or removed when a decrease in the
 1081  cultivating operations of the permitholder occurs or when
 1082  research or practical field knowledge and observations indicate
 1083  a low risk of invasiveness by the nonnative species warrants
 1084  such decrease. Factors that may be considered to decrease or
 1085  remove the bond or certificate-of-deposit requirements include
 1086  multiple years or cycles of successful large-scale contained
 1087  cultivation; observation of plant, algae, or blue-green algae
 1088  that do not escape from managed areas; or science-based evidence
 1089  that established or proved adjusted cultivation practices
 1090  provide a similar level of containment of the nonnative plant,
 1091  algae, or blue-green algae. This paragraph applies to any bond
 1092  or certificate of deposit, regardless of the anniversary date of
 1093  its issuance, expiration, or renewal.
 1094         (f) In order to carry out the purposes of this subsection,
 1095  the department or its agents may require from any permitholder
 1096  verified statements of the cultivated acreage subject to the
 1097  special permit and may review the permitholder’s business or
 1098  cultivation records at her or his place of business during
 1099  normal business hours in order to determine the acreage
 1100  cultivated. The failure of a permitholder to furnish such
 1101  statement, to make such records available, or to make and
 1102  deliver a new or additional bond or certificate of deposit is
 1103  cause for suspension of the special permit. If the department
 1104  finds such failure to be willful, the special permit may be
 1105  revoked.
 1106         Section 12. The Department of Agriculture and Consumer
 1107  Services shall conduct a comprehensive statewide forest
 1108  inventory analysis and study, using a geographic information
 1109  system, to identify where available biomass is located,
 1110  determine the available biomass resources, and ensure forest
 1111  sustainability within the state. The department shall submit the
 1112  results of the study to the President of the Senate, the Speaker
 1113  of the House of Representatives, and the Executive Office of the
 1114  Governor by July 1, 2013.
 1115         Section 13. The Office of Energy within the Department of
 1116  Agriculture and Consumer Services, in consultation with the
 1117  Public Service Commission, the Florida Building Commission, and
 1118  the Florida Energy Systems Consortium, shall develop a
 1119  clearinghouse of information regarding cost savings associated
 1120  with various energy efficiency and conservation measures. The
 1121  department shall post the information on its website by July 1,
 1122  2013.
 1123         Section 14. The Public Service Commission shall evaluate
 1124  and prepare a report on the Florida Energy Efficiency and
 1125  Conservation Act and determine if the act remains in the public
 1126  interest. The evaluation must consider the costs to ratepayers,
 1127  the incentives and disincentives associated with the provisions
 1128  in the act, and if the programs create benefits without undue
 1129  burden on the customer. The models and methods used to determine
 1130  conservation goals must be specifically addressed in the report.
 1131  The commission shall submit the report to the President of the
 1132  Senate, the Speaker of the House of Representatives, and the
 1133  Executive Office of the Governor by January 31, 2013.
 1134         Section 15. This act shall take effect July 1, 2012.