Senate Bill sb2332c1

    Florida Senate - 2006                           CS for SB 2332

    By the Committee on Communications and Public Utilities; and
    Senator Dockery




    579-2170-06

  1                      A bill to be entitled

  2         An act relating to gross receipts taxes on

  3         manufacturing; amending s. 203.01, F.S.;

  4         providing a tax exemption for electricity sold

  5         to manufacturers, after a specified amount in

  6         tax has been paid in a calendar year, to the

  7         extent that the tax savings are invested in

  8         energy conservation measures as specified;

  9         providing for calculation of the exemption;

10         defining terms; providing that the exemption is

11         available by refund; authorizing the Department

12         of Revenue to adopt rules relating to the

13         refund procedures; requiring that such refunds

14         be paid from general revenue; providing for

15         retroactivity; providing for future repeal;

16         providing an effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Paragraph (e) is added to subsection (3) of

21  section 203.01, Florida Statutes, to read:

22         203.01  Tax on gross receipts for utility and

23  communications services.--

24         (3)  The tax imposed by subsection (1) does not apply

25  to:

26         (e)1.  The sale or transportation to, or use of

27  electricity by, a person described in s. 212.08(7)(ff)2., if

28  the electricity is for use at a fixed location for which at

29  least $50,000 in gross receipts tax has been paid pursuant to

30  subsection (1) on electricity consumed at that location during

31  the calendar year and if the person can demonstrate that the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2332
    579-2170-06




 1  person has spent for energy conservation measures at that

 2  fixed location the amount of tax savings allowed to that

 3  person as an exemption by this paragraph.

 4         2.  If the amount of taxes above $50,000 which

 5  otherwise would be due by a person exceeds the amount of

 6  qualifying expenditures for energy conservation measures by

 7  the person in a calendar year, the exemption shall be capped

 8  in that calendar year at the amount of qualifying expenditures

 9  for energy conservation measures. However, if the amount of

10  qualifying expenditures for energy conservation measures by a

11  person exceeds the amount of taxes above $50,000 which

12  otherwise would be due in a calendar year by the person, the

13  exemption shall be capped for the year at the amount of taxes

14  above $50,000 which otherwise would be due, but excess

15  qualifying expenditures for energy conservation measures may

16  be carried forward and applied as qualifying expenditures for

17  up to 2 subsequent calendar years.

18         3.  For purposes of this exemption, the term "fixed

19  location" means one or more contiguous manufacturing sites and

20  functionally related contiguous parcels owned or operated by

21  the person eligible for the exemption.

22         4.  For purposes of this exemption, the term "energy

23  conservation measure" includes any expenditure for a measure

24  that is certified by a licensed Florida professional engineer

25  to reduce electrical demand, measured in kilowatts; reduce

26  fossil fuel demand; reduce the required energy measured in

27  kilowatt hours which would otherwise be needed absent the

28  conservation measures; or reduce expenses necessary to provide

29  renewable energy generation as defined by law, including

30  operation and maintenance expenses.

31  

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    Florida Senate - 2006                           CS for SB 2332
    579-2170-06




 1         5.  This exemption shall be available by refund paid by

 2  the Department of Revenue. An application for refund must be

 3  made to the Department of Revenue on or before May 1 for

 4  refunds earned during the prior calendar year. If the total

 5  amount of refunds claimed in any calendar year exceeds $6

 6  million, the Department of Revenue shall calculate and pay

 7  refunds to qualifying applicants on a pro rata basis. The

 8  Department of Revenue may develop by rule the forms and

 9  procedures for the refund application. All provisions relating

10  to challenging a denial of a refund apply to refunds

11  authorized under this paragraph. Notwithstanding the

12  provisions of s. 215.26, refunds paid pursuant to this

13  paragraph shall be paid from the General Revenue Fund and not

14  from the Public Education Capital Outlay and Debt Service

15  Trust Fund.

16         6.  The exemption allowed under this paragraph expires

17  on December 31, 2015, except to the extent of any remaining

18  carryforward of qualifying expenditures for energy

19  conservation measures.

20         Section 2.  This act shall take effect upon becoming a

21  law and shall apply retroactively to January 1, 2006, with

22  regard to taxes paid and expenditures for energy conservation

23  measures made in calendar year 2006, and to calendar years

24  thereafter.

25  

26          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
27                             SB 2332

28                                 

29  The Committee Substitute for Senate Bill 2332 limits the total
    amount of refunds for any calendar year to $6 million.
30  

31  

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