Florida Senate - 2017                                    SB 1090
       By Senator Clemens
       31-00841A-17                                          20171090__
    1                        A bill to be entitled                      
    2         An act relating to the Energy Economic Zone Program;
    3         amending s. 377.809, F.S.; specifying that the Energy
    4         Economic Zone Program is no longer a pilot program and
    5         shall be administered by the Department of Economic
    6         Opportunity; correcting a cross-reference; deleting a
    7         provision that required the department to consult with
    8         the Department of Transportation in implementing the
    9         program; deleting a requirement that at least one
   10         application be selected for the program; deleting
   11         obsolete provisions; deleting a provision specifying
   12         that certain residency requirements be based on
   13         residency in the economic zone; providing an effective
   14         date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 377.809, Florida Statutes, is amended to
   19  read:
   20         377.809 Energy Economic Zone Pilot Program.—
   21         (1) The Department of Economic Opportunity, in consultation
   22  with the Department of Transportation, shall administer the
   23  implement an Energy Economic Zone Pilot Program for the purpose
   24  of developing a model to help communities cultivate green
   25  economic development, encourage renewable electric energy
   26  generation, manufacture products that contribute to energy
   27  conservation and green jobs, and further implement chapter 2008
   28  191, Laws of Florida, relative to discouraging sprawl and
   29  developing energy-efficient land use patterns and greenhouse gas
   30  reduction strategies. The Department of Agriculture and Consumer
   31  Services shall provide technical assistance to the department
   32  departments in developing and administering the program.
   33         (2)(a) The application for an Energy Economic Zone
   34  designation must a pilot project shall:
   35         1. Identify the proposed location of the energy economic
   36  zone, which must be within an adopted urban service area and may
   37  include a county landfill outside the urban service boundary;
   38         2. Present a proposed strategic plan for development and
   39  redevelopment in the energy economic zone;
   40         3. Demonstrate consistency of the strategic plan with the
   41  local comprehensive plan or include proposed plan amendments
   42  necessary to achieve consistency; and
   43         4. Identify comprehensive plan amendments that will be
   44  proposed to implement chapter 2008-191, Laws of Florida.
   45         (b) The strategic plan under subparagraph(a)2. subparagraph
   46  (a)1. must include mixed-use and form-based standards that
   47  integrate multimodal transportation facilities with land use and
   48  development patterns to reduce reliance on automobiles,
   49  encourage certified green building developments and renewable
   50  energy systems, encourage creation of green jobs, and
   51  demonstrate how local financial and regulatory incentives will
   52  be used in the energy economic zone.
   53         (c) The Department of Economic Opportunity shall grant the
   54  Energy Economic Zone designation at least one application if the
   55  application meets the requirements of this subsection and the
   56  community has demonstrated a prior commitment to energy
   57  conservation, carbon reduction, green building, and economic
   58  development. The Department of Economic Opportunity shall
   59  provide the designated pilot community, including businesses
   60  within the energy economic zone, with technical assistance in
   61  identifying and qualifying for eligible grants and credits in
   62  job creation, energy, and other areas.
   63         (3) The Department of Economic Opportunity shall submit a
   64  report to the Governor, the President of the Senate, and the
   65  Speaker of the House of Representatives by February 15, 2015,
   66  evaluating whether the pilot program has demonstrated success.
   67  The report shall contain recommendations with regard to whether
   68  the program should be expanded for use by other local
   69  governments and whether state policies should be revised to
   70  encourage the goals of the program.
   71         (3)(a)(4)(a)Beginning July 1, 2012, All the incentives and
   72  benefits provided for in this subsection are only available to
   73  the enterprise zones pursuant to state law shall be available to
   74  the energy economic zones designated pursuant to this section on
   75  or before July 1, 2010. In order to provide incentives, by March
   76  1, 2012, each local governing body that has jurisdiction over an
   77  energy economic zone and that has must, by local ordinance,
   78  established establish the boundary of the energy economic zone,
   79  specify applicable energy-efficiency standards, and determined
   80  determine eligibility criteria for the application of state and
   81  local incentives and benefits in the energy economic zone.
   82  However, in order to receive benefits provided under s. 288.106,
   83  a business must be a qualified target industry business under s.
   84  288.106 for state purposes. An energy economic zone’s boundary
   85  may be revised by local ordinance. Such incentives and benefits
   86  include those in ss. 212.08, 212.096, 220.181, 220.182, 220.183,
   87  288.106, and 624.5105 and the public utility discounts provided
   88  in s. 290.007(8). The exemption provided in s. 212.08(5)(c)
   89  shall be for renewable energy as defined in s. 377.803. For
   90  purposes of this section, any applicable requirements for
   91  employee residency for higher refund or credit thresholds must
   92  be based on employee residency in the energy economic zone or an
   93  enterprise zone. A business in an energy economic zone may also
   94  be eligible for funding under ss. 288.047 and 445.003, and a
   95  transportation project in an energy economic zone shall be
   96  provided priority in funding under s. 339.2821. Other projects
   97  shall be given priority ranking to the extent practicable for
   98  grants administered under state energy programs.
   99         (b) Effective July 1, 2012, The total amount of state
  100  credits, refunds, and exemptions that may be provided by the
  101  governing body of each energy economic zone to eligible
  102  businesses for energy-economic-zone incentives pursuant to
  103  paragraph (a) is $300,000 per designated energy economic zone in
  104  any state fiscal year. The governing body of an energy economic
  105  zone shall disallow a credit or refund for which an application
  106  is submitted after the zone’s respective $300,000 limit is
  107  reached. If the $300,000 incentive cap is not fully used in any
  108  one state fiscal year by an energy economic zone, the unused
  109  amount under the cap may be carried forward for up to 5 years.
  110  The local governing body that has jurisdiction over the energy
  111  economic zone is responsible for allocating the incentives, for
  112  verifying that businesses receiving such incentives are eligible
  113  for the incentives provided, and for ensuring that the
  114  incentives provided do not exceed the cap for the state fiscal
  115  year.
  116         (c) Upon approving an incentive for an eligible business,
  117  the governing body that has jurisdiction over the energy
  118  economic zone shall provide the taxpayer with a certificate
  119  indicating the name and federal identification number of the
  120  eligible business, the date the incentive is provided, the name
  121  of the energy economic zone, the incentive type, and the
  122  incentive amount. The local governing body shall certify to the
  123  Department of Revenue or the Department of Economic Opportunity,
  124  whichever is applicable, which businesses or properties are
  125  eligible to receive any or all of the state incentives according
  126  to their statutory requirements. The governing body that has
  127  jurisdiction over the energy economic zone shall provide a copy
  128  of the certificate to the Department of Revenue and the
  129  Department of Economic Opportunity as notification that such
  130  incentives were approved for the specific eligible business or
  131  property. For incentives to be claimed against the sales and use
  132  tax under chapter 212, the Department of Revenue shall send,
  133  within 14 days after receipt, written instructions to an
  134  eligible business on how to claim the credit on a sales and use
  135  tax return initiated through an electronic data interchange. Any
  136  credit against the sales and use tax shall be deducted from any
  137  sales and use tax remitted by the dealer to the Department of
  138  Revenue by electronic funds transfer and may be deducted only on
  139  a sales and use tax return initiated through an electronic data
  140  interchange. The dealer shall separately state the credit on the
  141  electronic return. The net amount of tax due and payable must be
  142  remitted by electronic funds transfer. If the credit exceeds the
  143  amount owed on the sales and use tax return, such excess amount
  144  may be carried forward for a period not to exceed 12 months
  145  after the date that the credit is initially claimed.
  146         (d) If all conditions are deemed met, the Department of
  147  Economic Opportunity and the Department of Revenue may adopt
  148  emergency rules pursuant to ss. 120.536(1) and 120.54 to
  149  administer this subsection. The emergency rules shall remain in
  150  effect for 6 months after the rules are adopted, and the rules
  151  may be renewed while the procedures to adopt permanent rules
  152  addressing the subject of the emergency rules are pending.
  153         Section 2. This act shall take effect July 1, 2017.