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The Florida Senate

2011 Florida Statutes

Title XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 377 ENERGY RESOURCES Entire Chapter
SECTION 806
Solar Energy System Incentives Program.
F.S. 377.806
1377.806 Solar Energy System Incentives Program.—
(1) PURPOSE.—The Solar Energy System Incentives Program is established within the Department of Agriculture and Consumer Services to provide financial incentives for the purchase and installation of solar energy systems. Any resident of the state who purchases and installs a new solar energy system of 2 kilowatts or larger for a solar photovoltaic system, a solar energy system that provides at least 50 percent of a building’s hot water consumption for a solar thermal system, or a solar thermal pool heater, from July 1, 2006, through June 30, 2010, is eligible for a rebate on a portion of the purchase price of that solar energy system.
(2) SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.—
(a) Eligibility requirements.—A solar photovoltaic system qualifies for a rebate if:
1. The system is installed by a state-licensed master electrician, electrical contractor, or solar contractor.
2. The system complies with state interconnection standards as provided by the Florida Public Service Commission.
3. The system complies with all applicable building codes as defined by the Florida Building Code.
(b) Rebate amounts.—The rebate amount shall be set at $4 per watt based on the total wattage rating of the system. The maximum allowable rebate per solar photovoltaic system installation shall be as follows:
1. Twenty thousand dollars for a residence.
2. One hundred thousand dollars for a place of business, a publicly owned or operated facility, or a facility owned or operated by a private, not-for-profit organization, including condominiums or apartment buildings.
(3) SOLAR THERMAL SYSTEM INCENTIVE.—
(a) Eligibility requirements.—A solar thermal system qualifies for a rebate if:
21. The system is installed by a state-licensed solar or plumbing contractor or a roofing contractor installing standing seam hybrid thermal roofs.
2. The system complies with all applicable building codes as defined by the Florida Building Code.
(b) Rebate amounts.—Authorized rebates for installation of solar thermal systems shall be as follows:
1. Five hundred dollars for a residence.
2. Fifteen dollars per 1,000 Btu up to a maximum of $5,000 for a place of business, a publicly owned or operated facility, or a facility owned or operated by a private, not-for-profit organization, including condominiums or apartment buildings.
(4) SOLAR THERMAL POOL HEATER INCENTIVE.—
(a) Eligibility requirements.—A solar thermal pool heater qualifies for a rebate if the system is installed by a state-licensed solar or plumbing contractor and the system complies with all applicable building codes as defined by the Florida Building Code.
(b) Rebate amount.—Authorized rebates for installation of solar thermal pool heaters shall be $100 per installation.
(5) APPLICATION.—Application for a rebate must be made within 120 days after the purchase of the solar energy equipment.
(6) REBATE AVAILABILITY.—The department shall determine and publish on a regular basis the amount of rebate funds remaining in each fiscal year. The total dollar amount of all rebates issued is subject to the total amount of appropriations in any fiscal year for this program. If funds are insufficient during the current fiscal year, any requests for rebates received during that fiscal year may be processed during the following fiscal year. Requests for rebates received in a fiscal year that are processed during the following fiscal year shall be given priority over requests for rebates received during the following fiscal year.
(7) RULES.—The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to develop rebate applications and administer the issuance of rebates.
History.—s. 7, ch. 2006-230; s. 3, ch. 2008-191; s. 61, ch. 2008-227; s. 518, ch. 2011-142.
1Note.—

A. Section 1, ch. 2010-282, as amended by s. 525, ch. 2011-142, provides that:

“(1) As provided in this section and section 2, a portion of the total amount appropriated in this act shall be used by the Department of Agriculture and Consumer Services to pay rebates to eligible applicants who submit an application pursuant to the Florida ENERGY STAR Residential HVAC Rebate Program administered by the department, as approved by the United States Department of Energy. An applicant is eligible for a rebate under this section if:

“(a) A complete application is submitted to the department on or before November 30, 2010.

“(b) The central air conditioner, air source heat pump, or geothermal heat pump system replacement for which the applicant is seeking a rebate was purchased from or contracted for purchase with a Florida-licensed contractor after August 29, 2010, but before September 15, 2010, and fully installed prior to submission of the application for a rebate.

“(c) The department determines that the application complies with this section and any existing agreement with the United States Department of Energy governing the Florida ENERGY STAR Residential HVAC Rebate Program.

“(d) The applicant provides the following information to the department on or before November 30, 2010:

“1.a. A copy of the sales receipt indicating a date of purchase after August 29, 2010, but before September 15, 2010, with the make and model number identified and circled along with the name and address of the Florida-licensed contractor who installed the system; or

“b. A copy of the contract for the purchase and installation of the system indicating a contract date after August 29, 2010, but before September 15, 2010, and a copy of the sales receipt indicating a date of purchase after August 29, 2010, but on or before November 30, 2010, with the make and model number identified and circled along with the name and address of the Florida-licensed contractor who installed the system.

“2. A copy of the mechanical building permit issued by the county or municipality and pulled by the Florida-licensed contractor who installed the system for the residence.

“3. A copy of the Air Distribution System Test Report results from a Florida-certified Class 1 energy gauge rater, a Florida-licensed mechanical contractor, or a recognized test and balance agent. The results from the test must indicate the home has no more than 15 percent leakage to the outside as measured by 0.10 Qn.out or less.

“4. A copy of the summary of the Manual J program completed for the residence to indicate that the proper methodology for sizing the new system was completed.

“(2) The Department of Agriculture and Consumer Services shall pay a $1,500 rebate to each consumer who submits an application pursuant to the Florida ENERGY STAR Residential HVAC Rebate Program if the application is approved by the department in accordance with this act. The department shall pay all rebates authorized in this section prior to paying any rebates authorized in section 2.”

B. Section 2, ch. 2010-282, as amended by s. 525, ch. 2011-142, provides that “[n]otwithstanding s. 377.806(6), Florida Statutes, the Department of Agriculture and Consumer Services shall utilize up to $28,902,623, less any amount in excess of $2,467,244 used to pay rebates pursuant to section 1, to pay a percentage of each unpaid and approved rebate application submitted pursuant to the Solar Energy System Incentives Program established in s. 377.806, Florida Statutes. An applicant is eligible for a rebate under this section if the application submitted complies with s. 377.806, Florida Statutes. The percentage of each approved rebate to be paid shall be derived by dividing the remaining appropriation by the total dollar value of the backlog of final approved solar rebates, pursuant to the authorized limits provided in s. 377.806, Florida Statutes.”

C. Section 4, ch. 2010-282, provides that “[a]ny applicant who obtains a rebate pursuant to this act based on the submission of information that the applicant knows to be false commits a theft, punishable as provided in s. 812.014, Florida Statutes.”

2Note.—As amended by s. 3, ch. 2008-191. Subparagraph (3)(a)1. was also amended by s. 61, ch. 2008-227, and that version reads:

1. The system is installed by a state-licensed solar or plumbing contractor, or for the installation of standing seam hybrid thermal roofs, a roofing contractor.