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2023 Florida Statutes (including 2023C)

Title XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 377 ENERGY RESOURCES Entire Chapter
SECTION 816
Qualified energy conservation bond allocation.
F.S. 377.816
377.816 Qualified energy conservation bond allocation.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Eligible issuer” means an entity that is created under or pursuant to the constitution or laws of this state and that is authorized by this state to issue bonds or enter into a lease-purchase agreement, or any other entity in this state authorized to issue qualified energy conservation bonds pursuant to the Internal Revenue Code.
(b) “Office” means the Office of Energy within the Department of Agriculture and Consumer Services.
(c) “Qualified energy conservation bond” means a bond described in 26 U.S.C. s. 54D(a).
(d) “Qualified project” means a project eligible to be financed pursuant to 26 U.S.C. s. 54D(f).
(2) ALLOCATION OF STATE VOLUME LIMITATION.—
(a) The office shall establish an allocation program for allocating or reallocating the qualified energy conservation bond volume limitation provided by 26 U.S.C. s. 54D. The allocation program must provide notification of all mandatory allocations required or authorized pursuant to the Internal Revenue Code.
1. All mandatory allocations pursuant to 26 U.S.C. s. 54D(e)(2)(A) shall be allocated to eligible issuers as provided therein.
2. An eligible issuer receiving a mandatory allocation pursuant to subparagraph 1. may elect to reallocate all or any portion of its allocation back to the state pursuant to 26 U.S.C. s. 54D(e)(2)(B).
(b) The office may reallocate to eligible issuers in the state any allocation that was retained by the state from the original federal allocation or any allocation that is waived by an eligible issuer pursuant to subparagraph (a)2.
(c) Each eligible issuer receiving an allocation shall notify the department in writing of the amount of bonds issued and any other information relating to the bonds or the allocation at such time and in such manner as is required by the office.
(d) A bond subject to the limitations provided in 26 U.S.C. s. 54D may not be issued in this state unless issued pursuant to this section.
(3) INFORMATION AVAILABILITY.—The office shall determine the amount of qualified energy conservation bond allocations for each qualified issuer in this state under 26 U.S.C. s. 54D and shall make such information available upon request to any person or agency.
History.—s. 11, ch. 2014-154.