1 | The Conference Committee on HB 1857 offered the following: |
2 |
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3 | Conference Committee Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. The Office of Urban Opportunity within the |
6 | Executive Office of the Governor, as authorized and governed by |
7 | section 14.2015(9), Florida Statutes, is transferred by a type |
8 | two transfer, as defined in section 20.06(2), Florida Statutes, |
9 | to the Department of Community Affairs. |
10 | Section 2. The State Energy Program, as authorized and |
11 | governed by sections 20.18, 288.041, 377.601-377.608, 377.701, |
12 | and 377.703, Florida Statutes, and the Clean Fuel Florida |
13 | Advisory Board, as authorized and governed by section 403.42, |
14 | Florida Statutes, are transferred by a type two transfer, as |
15 | defined in section 20.06(2), Florida Statutes, from the |
16 | Department of Community Affairs to the Department of |
17 | Environmental Protection. Notwithstanding section 20.06(2), |
18 | Florida Statutes, trust funds associated with this program and |
19 | board shall remain within the Department of Community Affairs. |
20 | Section 3. The Affordable Housing Catalyst Program, as |
21 | authorized and governed by section 420.606, Florida Statutes, is |
22 | transferred by a type two transfer, as defined in section |
23 | 20.06(2), Florida Statutes, from the Department of Community |
24 | Affairs to the Florida Housing Finance Corporation. |
25 | Notwithstanding section 20.06(2), Florida Statutes, trust funds |
26 | associated with this program shall remain within the Department |
27 | of Community Affairs. |
28 | Section 4. Subsection (9) of section 14.2015, Florida |
29 | Statutes, is repealed. |
30 | Section 5. Subsection (6) of section 20.18, Florida |
31 | Statutes, is amended to read: |
32 | 20.18 Department of Community Affairs.--There is created a |
33 | Department of Community Affairs. |
34 | (6) The Office of Urban Opportunity is created within the |
35 | Department of Community Affairs. The purpose of the office is to |
36 | administer the Front Porch Florida initiative, a comprehensive, |
37 | community-based urban core redevelopment program that enables |
38 | urban core residents to craft solutions to the unique challenges |
39 | of each designated community. The department is the agency of |
40 | state government responsible for collection and analysis of |
41 | information on energy resources in this state, for coordination |
42 | of the energy conservation programs of state agencies, and for |
43 | coordination of the development, review, and implementation of |
44 | state energy policy. The energy program responsibilities of the |
45 | department set forth in this subsection shall be carried out by |
46 | the Office of the Secretary of Community Affairs until such time |
47 | as the secretary determines that such responsibilities should be |
48 | redistributed within the various divisions of the department and |
49 | submits a report to the Legislature with respect thereto. |
50 | Section 6. Subsection (8) is added to section 20.255, |
51 | Florida Statutes, to read: |
52 | 20.255 Department of Environmental Protection.--There is |
53 | created a Department of Environmental Protection. |
54 | (8) The department is the agency of state government |
55 | responsible for collecting and analyzing information concerning |
56 | energy resources in this state; for coordinating the energy |
57 | conservation programs of state agencies; and for coordinating |
58 | the development, review, and implementation of the state's |
59 | energy policy. |
60 | Section 7. Paragraph (b) of subsection (3) of section |
61 | 163.03, Florida Statutes, is amended to read: |
62 | 163.03 Secretary of Community Affairs; powers and duties; |
63 | function of Department of Community Affairs with respect to |
64 | federal grant-in-aid programs.-- |
65 | (3) The department is authorized to adopt rules |
66 | implementing the following grant programs, which rules shall be |
67 | consistent with the laws, regulations, or guidelines governing |
68 | the grant to the department: |
69 | (b) Grants under the federal programs known as the Coastal |
70 | Energy Impact Program and the Outer Continental Shelf Program |
71 | administered by the Bureau of Land and Water Management. |
72 | Section 8. Paragraph (q) of subsection (5) of section |
73 | 212.08, Florida Statutes, is amended to read: |
74 | 212.08 Sales, rental, use, consumption, distribution, and |
75 | storage tax; specified exemptions.--The sale at retail, the |
76 | rental, the use, the consumption, the distribution, and the |
77 | storage to be used or consumed in this state of the following |
78 | are hereby specifically exempt from the tax imposed by this |
79 | chapter. |
80 | (5) EXEMPTIONS; ACCOUNT OF USE.-- |
81 | (q) Community contribution tax credit for donations.-- |
82 | 1. Authorization.--Beginning July 1, 2001, persons who are |
83 | registered with the department under s. 212.18 to collect or |
84 | remit sales or use tax and who make donations to eligible |
85 | sponsors are eligible for tax credits against their state sales |
86 | and use tax liabilities as provided in this paragraph: |
87 | a. The credit shall be computed as 50 percent of the |
88 | person's approved annual community contribution; |
89 | b. The credit shall be granted as a refund against state |
90 | sales and use taxes reported on returns and remitted in the 12 |
91 | months preceding the date of application to the department for |
92 | the credit as required in sub-subparagraph 3.c. If the annual |
93 | credit is not fully used through such refund because of |
94 | insufficient tax payments during the applicable 12-month period, |
95 | the unused amount may be included in an application for a refund |
96 | made pursuant to sub-subparagraph 3.c. in subsequent years |
97 | against the total tax payments made for such year. Carryover |
98 | credits may be applied for a 3-year period without regard to any |
99 | time limitation that would otherwise apply under s. 215.26; |
100 | c. No person shall receive more than $200,000 in annual |
101 | tax credits for all approved community contributions made in any |
102 | one year; |
103 | d. All proposals for the granting of the tax credit shall |
104 | require the prior approval of the Office of Tourism, Trade, and |
105 | Economic Development; |
106 | e. The total amount of tax credits which may be granted |
107 | for all programs approved under this paragraph, s. 220.183, and |
108 | s. 624.5105 is $10 million annually; and |
109 | f. A person who is eligible to receive the credit provided |
110 | for in this paragraph, s. 220.183, or s. 624.5105 may receive |
111 | the credit only under the one section of the person's choice. |
112 | 2. Eligibility requirements.-- |
113 | a. A community contribution by a person must be in the |
114 | following form: |
115 | (I) Cash or other liquid assets; |
116 | (II) Real property; |
117 | (III) Goods or inventory; or |
118 | (IV) Other physical resources as identified by the Office |
119 | of Tourism, Trade, and Economic Development. |
120 | b. All community contributions must be reserved |
121 | exclusively for use in a project. As used in this sub- |
122 | subparagraph, the term "project" means any activity undertaken |
123 | by an eligible sponsor which is designed to construct, improve, |
124 | or substantially rehabilitate housing that is affordable to low- |
125 | income or very-low-income households as defined in s. |
126 | 420.9071(19) and(28); designed to provide commercial, |
127 | industrial, or public resources and facilities; or designed to |
128 | improve entrepreneurial and job-development opportunities for |
129 | low-income persons. A project may be the investment necessary to |
130 | increase access to high-speed broadband capability in rural |
131 | communities with enterprise zones, including projects that |
132 | result in improvements to communications assets that are owned |
133 | by a business. A project may include the provision of museum |
134 | educational programs and materials that are directly related to |
135 | any project approved between January 1, 1996, and December 31, |
136 | 1999, and located in an enterprise zone as referenced in s. |
137 | 290.00675. This paragraph does not preclude projects that |
138 | propose to construct or rehabilitate housing for low-income or |
139 | very-low-income households on scattered sites. The Office of |
140 | Tourism, Trade, and Economic Development may reserve up to 50 |
141 | percent of the available annual tax credits for housing for |
142 | very-low-income households pursuant to s. 420.9071(28) for the |
143 | first 6 months of the fiscal year. With respect to housing, |
144 | contributions may be used to pay the following eligible low- |
145 | income and very-low-income housing-related activities: |
146 | (I) Project development impact and management fees for |
147 | low-income or very-low-income housing projects; |
148 | (II) Down payment and closing costs for eligible persons, |
149 | as defined in s. 420.9071(19) and (28); |
150 | (III) Administrative costs, including housing counseling |
151 | and marketing fees, not to exceed 10 percent of the community |
152 | contribution, directly related to low-income or very-low-income |
153 | projects; and |
154 | (IV) Removal of liens recorded against residential |
155 | property by municipal, county, or special district local |
156 | governments when satisfaction of the lien is a necessary |
157 | precedent to the transfer of the property to an eligible person, |
158 | as defined in s. 420.9071(19) and (28), for the purpose of |
159 | promoting home ownership. Contributions for lien removal must be |
160 | received from a nonrelated third party. |
161 | c. The project must be undertaken by an "eligible |
162 | sponsor," which includes: |
163 | (I) A community action program; |
164 | (II) A nonprofit community-based development organization |
165 | whose mission is the provision of housing for low-income or |
166 | very-low-income households or increasing entrepreneurial and |
167 | job-development opportunities for low-income persons; |
168 | (III) A neighborhood housing services corporation; |
169 | (IV) A local housing authority created under chapter 421; |
170 | (V) A community redevelopment agency created under s. |
171 | 163.356; |
172 | (VI) The Florida Industrial Development Corporation; |
173 | (VII) A historic preservation district agency or |
174 | organization; |
175 | (VIII) A regional workforce board; |
176 | (IX) A direct-support organization as provided in s. |
177 | 1009.983; |
178 | (X) An enterprise zone development agency created under s. |
179 | 290.0056; |
180 | (XI) A community-based organization incorporated under |
181 | chapter 617 which is recognized as educational, charitable, or |
182 | scientific pursuant to s. 501(c)(3) of the Internal Revenue Code |
183 | and whose bylaws and articles of incorporation include |
184 | affordable housing, economic development, or community |
185 | development as the primary mission of the corporation; |
186 | (XII) Units of local government; |
187 | (XIII) Units of state government; or |
188 | (XIV) Any other agency that the Office of Tourism, Trade, |
189 | and Economic Development designates by rule. |
190 |
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191 | In no event may a contributing person have a financial interest |
192 | in the eligible sponsor. |
193 | d. The project must be located in an area designated an |
194 | enterprise zone or a Front Porch Florida Community pursuant to |
195 | s. 20.18(6) s. 14.2015(9)(b), unless the project increases |
196 | access to high-speed broadband capability for rural communities |
197 | with enterprise zones but is physically located outside the |
198 | designated rural zone boundaries. Any project designed to |
199 | construct or rehabilitate housing for low-income or very-low- |
200 | income households as defined in s. 420.0971(19) and (28) is |
201 | exempt from the area requirement of this sub-subparagraph. |
202 | 3. Application requirements.-- |
203 | a. Any eligible sponsor seeking to participate in this |
204 | program must submit a proposal to the Office of Tourism, Trade, |
205 | and Economic Development which sets forth the name of the |
206 | sponsor, a description of the project, and the area in which the |
207 | project is located, together with such supporting information as |
208 | is prescribed by rule. The proposal must also contain a |
209 | resolution from the local governmental unit in which the project |
210 | is located certifying that the project is consistent with local |
211 | plans and regulations. |
212 | b. Any person seeking to participate in this program must |
213 | submit an application for tax credit to the Office of Tourism, |
214 | Trade, and Economic Development which sets forth the name of the |
215 | sponsor, a description of the project, and the type, value, and |
216 | purpose of the contribution. The sponsor shall verify the terms |
217 | of the application and indicate its receipt of the contribution, |
218 | which verification must be in writing and accompany the |
219 | application for tax credit. The person must submit a separate |
220 | tax credit application to the office for each individual |
221 | contribution that it makes to each individual project. |
222 | c. Any person who has received notification from the |
223 | Office of Tourism, Trade, and Economic Development that a tax |
224 | credit has been approved must apply to the department to receive |
225 | the refund. Application must be made on the form prescribed for |
226 | claiming refunds of sales and use taxes and be accompanied by a |
227 | copy of the notification. A person may submit only one |
228 | application for refund to the department within any 12-month |
229 | period. |
230 | 4. Administration.-- |
231 | a. The Office of Tourism, Trade, and Economic Development |
232 | may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary |
233 | to administer this paragraph, including rules for the approval |
234 | or disapproval of proposals by a person. |
235 | b. The decision of the Office of Tourism, Trade, and |
236 | Economic Development must be in writing, and, if approved, the |
237 | notification shall state the maximum credit allowable to the |
238 | person. Upon approval, the office shall transmit a copy of the |
239 | decision to the Department of Revenue. |
240 | c. The Office of Tourism, Trade, and Economic Development |
241 | shall periodically monitor all projects in a manner consistent |
242 | with available resources to ensure that resources are used in |
243 | accordance with this paragraph; however, each project must be |
244 | reviewed at least once every 2 years. |
245 | d. The Office of Tourism, Trade, and Economic Development |
246 | shall, in consultation with the Department of Community Affairs, |
247 | the Florida Housing Finance Corporation, and the statewide and |
248 | regional housing and financial intermediaries, market the |
249 | availability of the community contribution tax credit program to |
250 | community-based organizations. |
251 | 5. Expiration.--This paragraph expires June 30, 2005; |
252 | however, any accrued credit carryover that is unused on that |
253 | date may be used until the expiration of the 3-year carryover |
254 | period for such credit. |
255 | Section 9. Paragraph (d) of subsection (2) of section |
256 | 220.183, Florida Statutes, is amended to read: |
257 | 220.183 Community contribution tax credit.-- |
258 | (2) ELIGIBILITY REQUIREMENTS.-- |
259 | (d) The project shall be located in an area designated as |
260 | an enterprise zone or a Front Porch Florida Community pursuant |
261 | to s. 20.18(6) s. 14.2015(9)(b). Any project designed to |
262 | construct or rehabilitate housing for low-income or very-low- |
263 | income households as defined in s. 420.9071(19) and (28) is |
264 | exempt from the area requirement of this paragraph. This section |
265 | does not preclude projects that propose to construct or |
266 | rehabilitate housing for low-income or very-low-income |
267 | households on scattered sites. Any project designed to provide |
268 | increased access to high-speed broadband capabilities which |
269 | includes coverage of a rural enterprise zone may locate the |
270 | project's infrastructure in any area of a rural county. |
271 | Section 10. Subsections (3) and (5) of section 288.041, |
272 | Florida Statutes, are amended to read: |
273 | 288.041 Solar energy industry; legislative findings and |
274 | policy; promotional activities.-- |
275 | (3) Enterprise Florida, Inc., and its boards shall assist |
276 | in the expansion of the solar energy industry in this state. |
277 | Such efforts shall be undertaken in cooperation with the |
278 | Department of Environmental Protection Community Affairs, the |
279 | Florida Solar Energy Center, and the Florida Solar Energy |
280 | Industries Association, and shall include: |
281 | (a) Providing assistance and support to new and existing |
282 | photovoltaic companies, with special emphasis on attracting one |
283 | or more manufacturers of photovoltaic products to locate within |
284 | this state. |
285 | (b) Sponsoring initiatives which aid and take full |
286 | advantage of the export market potential of solar technologies. |
287 | (c) Informing the business sector of this state about |
288 | opportunities for cost-effective commercial applications of |
289 | solar technologies. |
290 | (d) Encouraging employment of residents of this state by |
291 | solar energy companies. |
292 | (e) Retaining existing solar energy companies and |
293 | supporting their expansion efforts in this state. |
294 | (f) Supporting the promotion of solar energy by sponsoring |
295 | workshops, seminars, conferences, and educational programs on |
296 | the benefits of solar energy. |
297 | (g) Recognizing outstanding developments and achievements |
298 | in, and contributions to, the solar energy industry. |
299 | (h) Collecting and disseminating solar energy information |
300 | relevant to the promotion of solar energy applications. |
301 | (i) Enlisting the support of persons, civic groups, the |
302 | solar energy industry, and other organizations to promote and |
303 | improve solar energy products and services. |
304 | (5) By January 15 of each year, the Department of |
305 | Environmental Protection Community Affairs shall report to the |
306 | Governor, the President of the Senate, and the Speaker of the |
307 | House of Representatives on the impact of the solar energy |
308 | industry on the economy of this state and shall make any |
309 | recommendations on initiatives to further promote the solar |
310 | energy industry as the department deems appropriate. |
311 | Section 11. Subsection (2) of section 288.95155, Florida |
312 | Statutes, is amended to read: |
313 | 288.95155 Florida Small Business Technology Growth |
314 | Program.-- |
315 | (2) Enterprise Florida, Inc., shall establish a separate |
316 | small business technology growth account in the Florida |
317 | Technology Research Investment Fund for purposes of this |
318 | section. Moneys in the account shall consist of appropriations |
319 | by the Legislature, proceeds of any collateral used to secure |
320 | such assistance, transfers, fees assessed for providing or |
321 | processing such financial assistance, grants, interest earnings, |
322 | and earnings on financial assistance, and any moneys transferred |
323 | to the account by the Department of Community Affairs from the |
324 | Economic Opportunity Trust Fund for use in qualifying energy |
325 | projects. |
326 | Section 12. Subsection (2) of section 377.602, Florida |
327 | Statutes, is amended to read: |
328 | 377.602 Definitions.--As used in ss. 377.601-377.608: |
329 | (2) "Department" means the Department of Environmental |
330 | Protection Community Affairs. |
331 | Section 13. Section 377.603, Florida Statutes, is amended |
332 | to read: |
333 | 377.603 Energy data collection; powers and duties of the |
334 | Department of Environmental Protection Community Affairs.-- |
335 | (1) The department shall collect data on the extraction, |
336 | production, importation, exportation, refinement, |
337 | transportation, transmission, conversion, storage, sale, or |
338 | reserves of energy resources in this state in an efficient and |
339 | expeditious manner. |
340 | (2) The department shall prepare periodic reports of |
341 | energy data it collects. |
342 | (3) The department shall prescribe and furnish forms for |
343 | the collection of information as required by ss. 377.601-377.608 |
344 | and shall consult with other state entities to assure that such |
345 | data collected will meet their data requirements. |
346 | (4) The department may adopt and promulgate such rules and |
347 | regulations as are necessary to carry out the provisions of ss. |
348 | 377.601-377.608. Such rules shall be pursuant to chapter 120. |
349 | (5) The department shall maintain internal validation |
350 | procedures to assure the accuracy of information received. |
351 | Section 14. Subsection (1) of section 377.701, Florida |
352 | Statutes, is amended to read: |
353 | 377.701 Petroleum allocation.-- |
354 | (1) The Department of Environmental Protection Community |
355 | Affairs shall assume the state's role in petroleum allocation |
356 | and conservation, including the development of a fair and |
357 | equitable petroleum plan. The department shall constitute the |
358 | responsible state agency for performing the functions of any |
359 | federal program delegated to the state, which relates to |
360 | petroleum supply, demand, and allocation. |
361 | Section 15. Subsections (1), (2), and (3) of section |
362 | 377.703, Florida Statutes, are amended to read: |
363 | 377.703 Additional functions of the Department of |
364 | Environmental Protection Community Affairs; energy emergency |
365 | contingency plan; federal and state conservation programs.-- |
366 | (1) LEGISLATIVE INTENT.--Recognizing that energy supply |
367 | and demand questions have become a major area of concern to the |
368 | state which must be dealt with by effective and well-coordinated |
369 | state action, it is the intent of the Legislature to promote the |
370 | efficient, effective, and economical management of energy |
371 | problems, centralize energy coordination responsibilities, |
372 | pinpoint responsibility for conducting energy programs, and |
373 | ensure the accountability of state agencies for the |
374 | implementation of s. 377.601(4), the state energy policy. It is |
375 | the specific intent of the Legislature that nothing in this act |
376 | shall in any way change the powers, duties, and responsibilities |
377 | assigned by the Florida Electrical Power Plant Siting Act, part |
378 | II of chapter 403, or the powers, duties, and responsibilities |
379 | of the Florida Public Service Commission. |
380 | (2) DEFINITIONS.-- |
381 | (a) "Coordinate," "coordination," or "coordinating" means |
382 | the examination and evaluation of state plans and programs and |
383 | the providing of recommendations to the Cabinet, Legislature, |
384 | and appropriate state agency on any measures deemed necessary to |
385 | ensure that such plans and programs are consistent with state |
386 | energy policy. |
387 | (b) "Energy conservation" means increased efficiency in |
388 | the utilization of energy. |
389 | (c) "Energy emergency" means an actual or impending |
390 | shortage or curtailment of usable, necessary energy resources, |
391 | such that the maintenance of necessary services, the protection |
392 | of public health, safety, and welfare, or the maintenance of |
393 | basic sound economy is imperiled in any geographical section of |
394 | the state or throughout the entire state. |
395 | (d) "Energy source" means electricity, fossil fuels, solar |
396 | power, wind power, hydroelectric power, nuclear power, or any |
397 | other resource which has the capacity to do work. |
398 | (e) "Facilities" means any building or structure not |
399 | otherwise exempted by the provisions of this act. |
400 | (f) "Fuel" means petroleum, crude oil, petroleum product, |
401 | coal, natural gas, or any other substance used primarily for its |
402 | energy content. |
403 | (g) "Local government" means any county, municipality, |
404 | regional planning agency, or other special district or local |
405 | governmental entity the policies or programs of which may affect |
406 | the supply or demand, or both, for energy in the state. |
407 | (h) "Promotion" or "promote" means to encourage, aid, |
408 | assist, provide technical and financial assistance, or otherwise |
409 | seek to plan, develop, and expand. |
410 | (i) "Regional planning agency" means those agencies |
411 | designated as regional planning agencies by the Department of |
412 | Community Affairs. |
413 | (j) "Renewable energy resource" means any method, process, |
414 | or substance the use of which does not diminish its availability |
415 | or abundance, including, but not limited to, biomass conversion, |
416 | geothermal energy, solar energy, wind energy, wood fuels derived |
417 | from waste, ocean thermal gradient power, hydroelectric power, |
418 | and fuels derived from agricultural products. |
419 | (3) DEPARTMENT OF ENVIRONMENTAL PROTECTION COMMUNITY |
420 | AFFAIRS; DUTIES.--The Department of Environmental Protection |
421 | Community Affairs shall, in addition to assuming the duties and |
422 | responsibilities provided by ss. 20.255 20.18 and 377.701, |
423 | perform the following functions consistent with the development |
424 | of a state energy policy: |
425 | (a) The department shall assume the responsibility for |
426 | development of an energy emergency contingency plan to respond |
427 | to serious shortages of primary and secondary energy sources. |
428 | Upon a finding by the Governor, implementation of any emergency |
429 | program shall be upon order of the Governor that a particular |
430 | kind or type of fuel is, or that the occurrence of an event |
431 | which is reasonably expected within 30 days will make the fuel, |
432 | in short supply. The department shall then respond by |
433 | instituting the appropriate measures of the contingency plan to |
434 | meet the given emergency or energy shortage. The Governor may |
435 | utilize the provisions of s. 252.36(5) to carry out any |
436 | emergency actions required by a serious shortage of energy |
437 | sources. |
438 | (b) The department shall constitute the responsible state |
439 | agency for performing or coordinating the functions of any |
440 | federal energy programs delegated to the state, including energy |
441 | supply, demand, conservation, or allocation. |
442 | (c) The department shall analyze present and proposed |
443 | federal energy programs and make recommendations regarding those |
444 | programs to the Governor. |
445 | (d) The department shall coordinate efforts to seek |
446 | federal support or other support for state energy activities, |
447 | including energy conservation, research, or development, and |
448 | shall be the state agency responsible for the coordination of |
449 | multiagency energy conservation programs and plans. |
450 | (e) The department shall analyze energy data collected and |
451 | prepare long-range forecasts of energy supply and demand in |
452 | coordination with the Florida Public Service Commission, which |
453 | shall have responsibility for electricity and natural gas |
454 | forecasts. To this end, the forecasts shall contain: |
455 | 1. An analysis of the relationship of state economic |
456 | growth and development to energy supply and demand, including |
457 | the constraints to economic growth resulting from energy supply |
458 | constraints. |
459 | 2. Plans for the development of renewable energy resources |
460 | and reduction in dependence on depletable energy resources, |
461 | particularly oil and natural gas, and an analysis of the extent |
462 | to which renewable energy sources are being utilized in the |
463 | state. |
464 | 3. Consideration of alternative scenarios of statewide |
465 | energy supply and demand for 5, 10, and 20 years, to identify |
466 | strategies for long-range action, including identification of |
467 | potential social, economic, and environmental effects. |
468 | 4. An assessment of the state's energy resources, |
469 | including examination of the availability of commercially |
470 | developable and imported fuels, and an analysis of anticipated |
471 | effects on the state's environment and social services resulting |
472 | from energy resource development activities or from energy |
473 | supply constraints, or both. |
474 | (f) The department shall make a report, as requested by |
475 | the Governor or the Legislature, reflecting its activities and |
476 | making recommendations of policies for improvement of the |
477 | state's response to energy supply and demand and its effect on |
478 | the health, safety, and welfare of the people of Florida. The |
479 | report shall include a report from the Florida Public Service |
480 | Commission on electricity and natural gas and information on |
481 | energy conservation programs conducted and under way in the past |
482 | year and shall include recommendations for energy conservation |
483 | programs for the state, including, but not limited to, the |
484 | following factors: |
485 | 1. Formulation of specific recommendations for improvement |
486 | in the efficiency of energy utilization in governmental, |
487 | residential, commercial, industrial, and transportation sectors. |
488 | 2. Collection and dissemination of information relating to |
489 | energy conservation. |
490 | 3. Development and conduct of educational and training |
491 | programs relating to energy conservation. |
492 | 4. An analysis of the ways in which state agencies are |
493 | seeking to implement s. 377.601(4), the state energy policy, and |
494 | recommendations for better fulfilling this policy. |
495 | (g) The department has authority to adopt rules pursuant |
496 | to ss. 120.536(1) and 120.54 to implement the provisions of this |
497 | act. |
498 | (h) Promote the development and use of renewable energy |
499 | resources, in conformance with the provisions of chapter 187 and |
500 | s. 377.601, by: |
501 | 1. Establishing goals and strategies for increasing the |
502 | use of solar energy in this state. |
503 | 2. Aiding and promoting the commercialization of solar |
504 | energy technology, in cooperation with the Florida Solar Energy |
505 | Center, Enterprise Florida, Inc., and any other federal, state, |
506 | or local governmental agency which may seek to promote research, |
507 | development, and demonstration of solar energy equipment and |
508 | technology. |
509 | 3. Identifying barriers to greater use of solar energy |
510 | systems in this state, and developing specific recommendations |
511 | for overcoming identified barriers, with findings and |
512 | recommendations to be submitted annually in the report to the |
513 | Legislature required under paragraph (f). |
514 | 4. In cooperation with the Department of Transportation, |
515 | the Department of Community Affairs, Enterprise Florida, Inc., |
516 | the Florida Solar Energy Center, and the Florida Solar Energy |
517 | Industries Association, investigating opportunities, pursuant to |
518 | the National Energy Policy Act of 1992 and the Housing and |
519 | Community Development Act of 1992, for solar electric vehicles |
520 | and other solar energy manufacturing, distribution, |
521 | installation, and financing efforts which will enhance this |
522 | state's position as the leader in solar energy research, |
523 | development, and use. |
524 | 5. Undertaking other initiatives to advance the |
525 | development and use of renewable energy resources in this state. |
526 |
|
527 | In the exercise of its responsibilities under this paragraph, |
528 | the department shall seek the assistance of the solar energy |
529 | industry in this state and other interested parties and is |
530 | authorized to enter into contracts, retain professional |
531 | consulting services, and expend funds appropriated by the |
532 | Legislature for such purposes. |
533 | (i) The department shall promote energy conservation in |
534 | all energy use sectors throughout the state and shall constitute |
535 | the state agency primarily responsible for this function. To |
536 | this end, the department shall coordinate the energy |
537 | conservation programs of all state agencies and review and |
538 | comment on the energy conservation programs of all state |
539 | agencies. |
540 | (j) The department shall serve as the state clearinghouse |
541 | for indexing and gathering all information related to energy |
542 | programs in state universities, in private universities, in |
543 | federal, state, and local government agencies, and in private |
544 | industry and shall prepare and distribute such information in |
545 | any manner necessary to inform and advise the citizens of the |
546 | state of such programs and activities. This shall include |
547 | developing and maintaining a current index and profile of all |
548 | research activities, which shall be identified by energy area |
549 | and may include a summary of the project, the amount and sources |
550 | of funding, anticipated completion dates, or, in case of |
551 | completed research, conclusions, recommendations, and |
552 | applicability to state government and private sector functions. |
553 | The department shall coordinate, promote, and respond to efforts |
554 | by all sectors of the economy to seek financial support for |
555 | energy activities. The department shall provide information to |
556 | consumers regarding the anticipated energy-use and energy-saving |
557 | characteristics of products and services in coordination with |
558 | any federal, state, or local governmental agencies as may |
559 | provide such information to consumers. |
560 | (k) The department shall coordinate energy-related |
561 | programs of state government, including, but not limited to, the |
562 | programs provided in this section. To this end, the department |
563 | shall: |
564 | 1. Provide assistance to other state agencies, counties, |
565 | municipalities, and regional planning agencies to further and |
566 | promote their energy planning activities. |
567 | 2. Require, in cooperation with the Department of |
568 | Management Services, all state agencies to operate state-owned |
569 | and state-leased buildings in accordance with energy |
570 | conservation standards as adopted by the Department of |
571 | Management Services. Every 3 months, the Department of |
572 | Management Services shall furnish the department data on |
573 | agencies' energy consumption in a format mutually agreed upon by |
574 | the two departments. |
575 | 3. Promote the development and use of renewable energy |
576 | resources, energy efficiency technologies, and conservation |
577 | measures. |
578 | 4. Promote the recovery of energy from wastes, including, |
579 | but not limited to, the use of waste heat, the use of |
580 | agricultural products as a source of energy, and recycling of |
581 | manufactured products. Such promotion shall be conducted in |
582 | conjunction with, and after consultation with, the Department of |
583 | Environmental Protection, the Florida Public Service Commission |
584 | where electrical generation or natural gas is involved, and any |
585 | other relevant federal, state, or local governmental agency |
586 | having responsibility for resource recovery programs. |
587 | (l) The department shall develop, coordinate, and promote |
588 | a comprehensive research plan for state programs. Such plan |
589 | shall be consistent with state energy policy and shall be |
590 | updated on a biennial basis. |
591 | (m) In recognition of the devastation to the economy of |
592 | this state and the dangers to the health and welfare of |
593 | residents of this state caused by Hurricane Andrew, and the |
594 | potential for such impacts caused by other natural disasters, |
595 | the department shall include in its energy emergency contingency |
596 | plan and provide to the Department of Community Affairs for |
597 | inclusion in the state model energy efficiency building code |
598 | specific provisions to facilitate the use of cost-effective |
599 | solar energy technologies as emergency remedial and preventive |
600 | measures for providing electric power, street lighting, and |
601 | water heating service in the event of electric power outages. |
602 | Section 16. Subsection (3) of section 381.7354, Florida |
603 | Statutes, is amended to read: |
604 | 381.7354 Eligibility.-- |
605 | (3) In addition to the grants awarded under subsections |
606 | (1) and (2), up to 20 percent of the funding for the Reducing |
607 | Racial and Ethnic Health Disparities: Closing the Gap grant |
608 | program shall be dedicated to projects that address improving |
609 | racial and ethnic health status within specific Front Porch |
610 | Florida Communities, as designated pursuant to s. 20.18(6) s. |
611 | 14.2015(9)(b). |
612 | Section 17. Section 403.42, Florida Statutes, is amended |
613 | to read: |
614 | 403.42 Florida Clean Fuel Act.-- |
615 | (1) SHORT TITLE AND PURPOSE.-- |
616 | (a) This section may be cited as the "Florida Clean Fuel |
617 | Act." |
618 | (b) The purposes of this act are to establish the Clean |
619 | Fuel Florida Advisory Board under the Department of |
620 | Environmental Protection Community Affairs to study the |
621 | implementation of alternative fuel vehicles and to formulate and |
622 | provide to the Secretary of Environmental Protection Community |
623 | Affairs recommendations on expanding the use of alternative fuel |
624 | vehicles in this state and make funding available for |
625 | implementation. |
626 | (2) DEFINITIONS.--For purposes of this act: |
627 | (a) "Alternative fuels" include electricity, biodiesel, |
628 | natural gas, propane, and any other fuel that may be deemed |
629 | appropriate in the future by the Department of Environmental |
630 | Protection Community Affairs with guidance from the Clean Fuel |
631 | Florida Advisory Board. |
632 | (b) "Alternative fuel vehicles" include on-road and off- |
633 | road transportation vehicles and light-duty, medium-duty, and |
634 | heavy-duty vehicles that are powered by an alternative fuel or a |
635 | combination of alternative fuels. |
636 | (3) CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED; |
637 | MEMBERSHIP; DUTIES AND RESPONSIBILITIES.-- |
638 | (a) The Clean Fuel Florida Advisory Board is established |
639 | within the Department of Environmental Protection Community |
640 | Affairs. |
641 | (b)1. The advisory board shall consist of the Secretary of |
642 | Community Affairs, or a designee from that department, the |
643 | Secretary of Environmental Protection, or a designee from that |
644 | department, the Commissioner of Education, or a designee from |
645 | that department, the Secretary of Transportation, or a designee |
646 | from that department, the Commissioner of Agriculture, or a |
647 | designee from the Department of Agriculture and Consumer |
648 | Services, the Secretary of Management Services, or a designee |
649 | from that department, and a representative of each of the |
650 | following, who shall be appointed by the Secretary of |
651 | Environmental Protection Community Affairs within 30 days after |
652 | the effective date of this act: |
653 | a. The Florida biodiesel industry. |
654 | b. The Florida electric utility industry. |
655 | c. The Florida natural gas industry. |
656 | d. The Florida propane gas industry. |
657 | e. An automobile manufacturers' association. |
658 | f. A Florida Clean Cities Coalition designated by the |
659 | United States Department of Energy. |
660 | g. Enterprise Florida, Inc. |
661 | h. EV Ready Broward. |
662 | i. The Florida petroleum industry. |
663 | j. The Florida League of Cities. |
664 | k. The Florida Association of Counties. |
665 | l. Floridians for Better Transportation. |
666 | m. A motor vehicle manufacturer. |
667 | n. Florida Local Environment Resource Agencies. |
668 | o. Project for an Energy Efficient Florida. |
669 | p. Florida Transportation Builders Association. |
670 | 2. The purpose of the advisory board is to serve as a |
671 | resource for the department and to provide the Governor, the |
672 | Legislature, and the Secretary of Environmental Protection |
673 | Community Affairs with private sector and other public agency |
674 | perspectives on achieving the goal of increasing the use of |
675 | alternative fuel vehicles in this state. |
676 | 3. Members shall be appointed to serve terms of 1 year |
677 | each, with reappointment at the discretion of the Secretary of |
678 | Environmental Protection Community Affairs. Vacancies shall be |
679 | filled for the remainder of the unexpired term in the same |
680 | manner as the original appointment. |
681 | 4. The board shall annually select a chairperson. |
682 | 5.a. The board shall meet at least once each quarter or |
683 | more often at the call of the chairperson or the Secretary of |
684 | Environmental Protection Community Affairs. |
685 | b. Meetings are exempt from the notice requirements of |
686 | chapter 120, and sufficient notice shall be given to afford |
687 | interested persons reasonable notice under the circumstances. |
688 | 6. Members of the board are entitled to travel expenses |
689 | while engaged in the performance of board duties. |
690 | 7. The board shall terminate 5 years after the effective |
691 | date of this act. |
692 | (c) The board shall review the performance of the state |
693 | with reference to alternative fuel vehicle implementation in |
694 | complying with federal laws and maximizing available federal |
695 | funding and may: |
696 | 1. Advise the Governor, Legislature, and the Secretary of |
697 | Environmental Protection Community Affairs and make |
698 | recommendations regarding implementation and use of alternative |
699 | fuel vehicles in this state. |
700 | 2. Identify potential improvements in this act and the |
701 | state's alternative fuel policies. |
702 | 3. Request from all state agencies any information the |
703 | board determines relevant to board duties. |
704 | 4. Regularly report to the Secretary of Environmental |
705 | Protection Community Affairs, the Governor, the President of the |
706 | Senate, and the Speaker of the House of Representatives |
707 | regarding the board's findings and recommendations. |
708 | (d)1. The advisory board shall, within 120 days after its |
709 | first meeting, make recommendations to the Department of |
710 | Environmental Protection Community Affairs for establishing |
711 | pilot programs in this state that provide experience and support |
712 | the best use expansion of the alternative fuel vehicle industry |
713 | in this state. No funds shall be released for a project unless |
714 | there is at least a 50-percent private or local match. |
715 | 2. In addition to the pilot programs, the advisory board |
716 | shall assess federal, state, and local initiatives to identify |
717 | incentives that encourage successful alternative fuel vehicle |
718 | programs; obstacles to alternative fuel vehicle use including |
719 | legislative, regulatory, and economic obstacles; and programs |
720 | that educate and inform the public about alternative fuel |
721 | vehicles. |
722 | 3. The advisory board is charged with determining a |
723 | reasonable, fair, and equitable way to address current motor |
724 | fuel taxes as they apply to alternative fuels and at what |
725 | threshold of market penetration. |
726 | 4. Based on its findings, the advisory board shall develop |
727 | recommendations to the Legislature on future alternative fuel |
728 | vehicle programs and legislative changes that provide the best |
729 | use of state and other resources to enhance the alternative fuel |
730 | vehicle market in this state and maximize the return on that |
731 | investment in terms of job creation, economic development, and |
732 | emissions reduction. |
733 | (e) The advisory board, working with the Department of |
734 | Environmental Protection Community Affairs, shall develop a |
735 | budget for the department's approval, and all expenditures shall |
736 | be approved by the department. At the conclusion of the first |
737 | year, the department shall conduct an audit of the board and |
738 | board programs. |
739 | Section 18. Subsections (42) and (43) are added to section |
740 | 420.507, Florida Statutes, to read: |
741 | 420.507 Powers of the corporation.--The corporation shall |
742 | have all the powers necessary or convenient to carry out and |
743 | effectuate the purposes and provisions of this part, including |
744 | the following powers which are in addition to all other powers |
745 | granted by other provisions of this part: |
746 | (42) To provide information, assistance, and facilities |
747 | needed by the Affordable Housing Study Commission. |
748 | (43) To develop and administer the Affordable Housing |
749 | Catalyst Program under s. 420.531. |
750 | Section 19. Section 420.531, Florida Statutes, is created |
751 | to read: |
752 | 420.531 Affordable Housing Catalyst Program.--The |
753 | corporation shall operate the Affordable Housing Catalyst |
754 | Program for the purpose of securing the expertise necessary to |
755 | provide specialized technical support to local governments and |
756 | community-based organizations to implement the HOME Investment |
757 | Partnership Program, State Housing Initiatives Partnership |
758 | Program, and other affordable housing programs. To the maximum |
759 | extent feasible, the entity to provide the necessary expertise |
760 | must be recognized by the Internal Revenue Service as a |
761 | nonprofit tax-exempt organization. It must have as its primary |
762 | mission the provision of affordable housing training and |
763 | technical assistance, an ability to provide training and |
764 | technical assistance statewide, and a proven track record of |
765 | successfully providing training and technical assistance under |
766 | the Affordable Housing Catalyst Program. The technical support |
767 | shall, at a minimum, include training relating to the following |
768 | key elements of the partnership programs: |
769 | (1) Formation of local and regional housing partnerships |
770 | as a means of bringing together resources to provide affordable |
771 | housing. |
772 | (2) Implementation of regulatory reforms to reduce the |
773 | risk and cost of developing affordable housing. |
774 | (3) Implementation of affordable housing programs included |
775 | in local government comprehensive plans. |
776 | (4) Compliance with requirements of federally funded |
777 | housing programs. |
778 | Section 20. Subsection (8) of section 420.6015, Florida |
779 | Statutes, is amended to read: |
780 | 420.6015 Legislative findings.--In addition to the |
781 | findings and declarations in ss. 420.0002, 420.502, 421.02, |
782 | 422.02, and 423.01, which are hereby reaffirmed, the Legislature |
783 | finds that: |
784 | (8) Through the Affordable Housing Catalyst Program and |
785 | other program and staff resources, The department shall |
786 | facilitate the mobilization of public and private resources to |
787 | provide affordable housing through its responsibilities in the |
788 | areas of housing, comprehensive planning, and community |
789 | assistance. |
790 | Section 21. Subsection (3) of section 420.606, Florida |
791 | Statutes, is amended to read: |
792 | 420.606 Training and technical assistance program.-- |
793 | (3) TRAINING AND TECHNICAL ASSISTANCE PROGRAM.--The |
794 | Department of Community Affairs shall be responsible for |
795 | securing the necessary expertise to provide training and |
796 | technical assistance to staff of local governments, to staff of |
797 | state agencies, as appropriate, and to community-based |
798 | organizations, and to persons forming such organizations, which |
799 | are formed for the purpose of developing new housing and |
800 | rehabilitating existing housing which is affordable for very- |
801 | low-income persons, low-income persons, and moderate-income |
802 | persons. To the maximum extent feasible, the entity to provide |
803 | the necessary expertise must be recognized by the Internal |
804 | Revenue Service as a nonprofit tax-exempt organization. It must |
805 | have as its primary mission the provision of affordable housing |
806 | training and technical assistance; an ability to provide |
807 | training and technical assistance statewide; and a proven track |
808 | record of successfully providing training and technical |
809 | assistance under the Affordable Housing Catalyst Program. |
810 | (a) The training component of the program shall be |
811 | designed to build the housing development capacity of community- |
812 | based organizations and local governments as a permanent |
813 | resource for the benefit of communities in this state. |
814 | 1. The scope of training shall include, but not be limited |
815 | to, real estate development skills related to affordable |
816 | housing, including the construction process and property |
817 | management and disposition, the development of public-private |
818 | partnerships to reduce housing costs, model housing projects, |
819 | and management and board responsibilities of community-based |
820 | organizations. |
821 | 2. Training activities may include, but are not limited |
822 | to, materials for self-instruction, workshops, seminars, |
823 | internships, coursework, and special programs developed in |
824 | conjunction with state universities and community colleges. |
825 | (b) The technical assistance component of the program |
826 | shall be designed to assist applicants for state-administered |
827 | programs in developing applications and in expediting project |
828 | implementation. Technical assistance activities for the staffs |
829 | of community-based organizations and local governments who are |
830 | directly involved in the production of affordable housing may |
831 | include, but are not limited to, workshops for program |
832 | applicants, onsite visits, guidance in achieving project |
833 | completion, and a newsletter to community-based organizations |
834 | and local governments. |
835 | (c) The department shall establish a program known as the |
836 | Affordable Housing Catalyst Program to be responsible for |
837 | securing the necessary expertise as provided in this section for |
838 | providing specialized technical support to local governments to |
839 | implement the HOME Investment Partnership Program, State Housing |
840 | Initiatives Partnership Program, and other affordable housing |
841 | programs. The technical support shall, at a minimum, provide |
842 | training relating to the following key elements of the |
843 | partnership programs: |
844 | 1. The formation of local and regional housing |
845 | partnerships as a means of bringing together resources to |
846 | provide affordable housing. |
847 | 2. The implementation of regulatory reforms to reduce the |
848 | risk and cost of developing affordable housing. |
849 | 3. The implementation of affordable housing programs |
850 | included in local government comprehensive plans. |
851 | 4. The compliance with requirements of federally funded |
852 | housing programs. |
853 | Section 22. Subsection (3) of section 420.609, Florida |
854 | Statutes, is amended to read: |
855 | 420.609 Affordable Housing Study Commission.--Because the |
856 | Legislature firmly supports affordable housing in Florida for |
857 | all economic classes: |
858 | (3) The department and the corporation shall supply such |
859 | information, assistance, and facilities as are deemed necessary |
860 | for the commission to carry out its duties under this section |
861 | and shall provide such staff assistance as is necessary for the |
862 | performance of required clerical and administrative functions of |
863 | the commission. |
864 | Section 23. Subsection (7) of section 420.631, Florida |
865 | Statutes, is amended to read: |
866 | 420.631 Definitions relating to Urban Homesteading |
867 | Act.--As used in ss. 420.630-420.635: |
868 | (7) "Office" means the Office of Urban Opportunity within |
869 | the Department of Community Affairs Office of Tourism, Trade, |
870 | and Economic Development. |
871 | Section 24. Subsection (7) of section 420.9075, Florida |
872 | Statutes, is amended to read: |
873 | 420.9075 Local housing assistance plans; partnerships.-- |
874 | (7) Pursuant to s. 420.531 s. 420.606, the corporation |
875 | shall provide technical assistance to local governments |
876 | regarding the creation of partnerships, the design of local |
877 | housing assistance strategies, the implementation of local |
878 | housing incentive strategies, and the provision of support |
879 | services. |
880 | Section 25. Paragraph (d) of subsection (2) of section |
881 | 624.5105, Florida Statutes, is amended to read: |
882 | 624.5105 Community contribution tax credit; authorization; |
883 | limitations; eligibility and application requirements; |
884 | administration; definitions; expiration.-- |
885 | (2) ELIGIBILITY REQUIREMENTS.-- |
886 | (d) The project shall be located in an area designated as |
887 | an enterprise zone or a Front Porch Community pursuant to s. |
888 | 20.18(6) s. 14.2015(9)(b). Any project designed to construct or |
889 | rehabilitate housing for low-income or very-low-income |
890 | households as defined in s. 420.9071(19) and (28) is exempt from |
891 | the area requirement of this paragraph. |
892 | Section 26. This act shall take effect July 1, 2004. |
893 |
|
894 |
|
895 | ================= T I T L E A M E N D M E N T ================= |
896 | Remove the entire title and insert: |
897 | A bill to be entitled |
898 | An act relating to governmental organization; transferring |
899 | the Office of Urban Opportunity from the Executive Office |
900 | of the Governor to the Department of Community Affairs; |
901 | transferring the State Energy Program and the Clean Fuel |
902 | Florida Advisory Board from the Department of Community |
903 | Affairs to the Department of Environmental Protection; |
904 | excluding the transfer of certain associated trust funds; |
905 | transferring the Affordable Housing Catalyst Program from |
906 | the Department of Community Affairs to the Florida Housing |
907 | Finance Corporation; excluding the transfer of certain |
908 | associated trust funds; repealing s. 14.2015(9), F.S., |
909 | relating to the establishment of the Office of Urban |
910 | Opportunity within the Office of Tourism, Trade, and |
911 | Economic Development of the Executive Office of the |
912 | Governor; amending s. 20.18, F.S.; revising duties of the |
913 | Department of Community Affairs to conform to changes made |
914 | by the act; establishing the Office of Urban Opportunity |
915 | within the Department of Community Affairs; amending s. |
916 | 20.255, F.S.; providing duties of the Department of |
917 | Environmental Protection with respect to the state's |
918 | energy policy, to conform; amending s. 163.03, F.S., |
919 | relating to the Coastal Energy Impact Program; conforming |
920 | provisions to changes made by the act; amending ss. 212.08 |
921 | and 220.183, F.S.; conforming cross references; amending |
922 | s. 288.041, F.S., relating to the solar energy industry; |
923 | conforming provisions to the transfer of duties to the |
924 | Department of Environmental Protection; amending s. |
925 | 288.95155, F.S., relating to the Florida Small Business |
926 | Technology Growth Program; deleting obsolete provisions; |
927 | amending ss. 377.602, 377.603, 377.701, and 377.703, F.S., |
928 | relating to the state's energy programs and policies; |
929 | conforming provisions to the transfer of duties to the |
930 | Department of Environmental Protection; authorizing the |
931 | Department of Environmental Protection to adopt rules to |
932 | administer the Coastal Energy Impact Program; amending s. |
933 | 381.7354, F.S.; conforming a cross reference; amending s. |
934 | 403.42, F.S., relating to the Florida Clean Fuel Act; |
935 | conforming provisions to the transfer of duties to the |
936 | Department of Environmental Protection; amending s. |
937 | 420.507, F.S., relating to the Florida Housing Finance |
938 | Corporation; authorizing the corporation to provide |
939 | resources to the Affordable Housing Study Commission and |
940 | perform other duties; creating s. 420.531, F.S.; providing |
941 | legislative findings with respect to supporting local |
942 | communities in providing affordable housing; providing for |
943 | the corporation to administer the Affordable Housing |
944 | Catalyst Program; providing the purpose of the program and |
945 | responsibilities of the corporation; amending ss. |
946 | 420.6015, 420.606, and 420.9075, F.S.; conforming |
947 | provisions to the transfer of the Affordable Housing |
948 | Catalyst Program to the Florida Housing Finance |
949 | Corporation; amending s. 420.609, F.S.; deleting duties of |
950 | the Department of Community Affairs with respect to the |
951 | Affordable Housing Study Commission; amending s. 420.631, |
952 | F.S.; conforming provisions to the transfer of the Office |
953 | of Urban Opportunity to the Department of Community |
954 | Affairs; amending s. 624.5105, F.S.; conforming a cross |
955 | reference; providing an effective date. |