Amendment
Bill No. 0888
Amendment No. 865635
CHAMBER ACTION
Senate House
.
.
.






1Representative(s) Littlefield offered the following:
2
3     Amendment to Amendment (413029) (with title amendment)
4Remove lines 455-882 and insert:
5220.187, those enumerated in s. 220.192, and those enumerated in
6s. 220.193.
7     Section 12.  Section 220.192, Florida Statutes, is created
8to read:
9     220.192  Renewable energy technologies investment tax
10credit.--
11     (1)  DEFINITIONS.--For purposes of this section, the term:
12     (a)  "Biodiesel" means biodiesel as defined in s.
13212.08(7)(ccc).
14     (b)  "Eligible costs" means:
15     1.  Seventy-five percent of all capital costs, operation
16and maintenance costs, and research and development costs
17incurred between July 1, 2006, and June 30, 2010, up to a limit
18of $3 million per state fiscal year for all taxpayers, in
19connection with an investment in hydrogen-powered vehicles and
20hydrogen vehicle fueling stations in the state, including, but
21not limited to, the costs of constructing, installing, and
22equipping such technologies in the state.
23     2.  Seventy-five percent of all capital costs, operation
24and maintenance costs, and research and development costs
25incurred between July 1, 2006, and June 30, 2010, up to a limit
26of $1.5 million per state fiscal year for all taxpayers, and
27limited to a maximum of $12,000 per fuel cell, in connection
28with an investment in commercial stationary hydrogen fuel cells
29in the state, including, but not limited to, the costs of
30constructing, installing, and equipping such technologies in the
31state.
32     3.  Seventy-five percent of all capital costs, operation
33and maintenance costs, and research and development costs
34incurred between July 1, 2006, and June 30, 2010, up to a limit
35of $6.5 million per state fiscal year for all taxpayers, in
36connection with an investment in the production, storage, and
37distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
38the state, including the costs of constructing, installing, and
39equipping such technologies in the state. Gasoline fueling
40station pump retrofits for ethanol (E10-E100) distribution
41qualify as an eligible cost under this subparagraph.
42     (c)  "Ethanol" means ethanol as defined in s.
43212.08(7)(ccc).
44     (d)  "Hydrogen fuel cell" means hydrogen fuel cell as
45defined in s. 212.08(7)(ccc).
46     (2)  TAX CREDIT.--For tax years beginning on or after
47January 1, 2007, a credit against the tax imposed by this
48chapter shall be granted in an amount equal to the eligible
49costs. Credits may be used in tax years beginning January 1,
502007, and ending December 31, 2010, after which the credit shall
51expire. If the credit is not fully used in any one tax year
52because of insufficient tax liability on the part of the
53corporation, the unused amount may be carried forward and used
54in tax years beginning January 1, 2007, and ending December 31,
552012, after which the credit carryover expires and may not be
56used. A taxpayer that files a consolidated return in this state
57as a member of an affiliated group under s. 220.131(1) may be
58allowed the credit on a consolidated return basis up to the
59amount of tax imposed upon the consolidated group. Any eligible
60cost for which a credit is claimed and which is deducted or
61otherwise reduces federal taxable income shall be added back in
62computing adjusted federal income under s. 220.13.
63     (3)  CORPORATE APPLICATION PROCESS.--Any corporation
64wishing to obtain tax credits available under this section must
65submit to the Department of Environmental Protection an
66application for tax credit that includes a complete description
67of all eligible costs for which the corporation is seeking a
68credit and a description of the total amount of credits sought.
69The Department of Environmental Protection shall make a
70determination on the eligibility of the applicant for the
71credits sought and certify the determination to the applicant
72and the Department of Revenue. The corporation must attach the
73Department of Environmental Protection's certification to the
74tax return on which the credit is claimed. The Department of
75Environmental Protection shall be responsible for ensuring that
76the corporate income tax credits granted in each fiscal year do
77not exceed the limits provided for in this section. The
78Department of Environmental Protection is authorized to adopt
79the necessary rules, guidelines, and application materials for
80the application process.
81     (4)  TAXPAYER APPLICATION PROCESS.--To claim a credit under
82this section, each taxpayer must apply to the Department of
83Environmental Protection for an allocation of each type of
84annual credit by the date established by the Department of
85Environmental Protection. The application form may be
86established by the Department of Environmental Protection and
87shall include an affidavit from each taxpayer certifying that
88all information contained in the application, including all
89records of eligible costs claimed as the basis for the tax
90credit, are true and correct. Approval of the credits under this
91section shall be accomplished on a first-come, first-served
92basis, based upon the date complete applications are received by
93the Department of Environmental Protection. A taxpayer shall
94submit only one complete application based upon eligible costs
95incurred within a particular state fiscal year. Incomplete
96placeholder applications will not be accepted and will not
97secure a place in the first-come, first-served application line.
98If a taxpayer does not receive a tax credit allocation due to
99the exhaustion of the annual tax credit authorizations, then
100such taxpayer may reapply in the following year for those
101eligible costs and will have priority over other applicants for
102the allocation of credits.
103     (5)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF
104CREDITS.--
105     (a)  In addition to its existing audit and investigation
106authority, the Department of Revenue may perform any additional
107financial and technical audits and investigations, including
108examining the accounts, books, and records of the tax credit
109applicant, that are necessary to verify the eligible costs
110included in the tax credit return and to ensure compliance with
111this section. The Department of Environmental Protection shall
112provide technical assistance when requested by the Department of
113Revenue on any technical audits or examinations performed
114pursuant to this section.
115     (b)  It is grounds for forfeiture of previously claimed and
116received tax credits if the Department of Revenue determines, as
117a result of either an audit or examination or from information
118received from the Department of Environmental Protection, that a
119taxpayer received tax credits pursuant to this section to which
120the taxpayer was not entitled. The taxpayer is responsible for
121returning forfeited tax credits to the Department of Revenue,
122and such funds shall be paid into the General Revenue Fund of
123the state.
124     (c)  The Department of Environmental Protection may revoke
125or modify any written decision granting eligibility for tax
126credits under this section if it is discovered that the tax
127credit applicant submitted any false statement, representation,
128or certification in any application, record, report, plan, or
129other document filed in an attempt to receive tax credits under
130this section. The Department of Environmental Protection shall
131immediately notify the Department of Revenue of any revoked or
132modified orders affecting previously granted tax credits.
133Additionally, the taxpayer must notify the Department of Revenue
134of any change in its tax credit claimed.
135     (d)  The taxpayer shall file with the Department of Revenue
136an amended return or such other report as the Department of
137Revenue prescribes by rule and shall pay any required tax and
138interest within 60 days after the taxpayer receives notification
139from the Department of Environmental Protection that previously
140approved tax credits have been revoked or modified. If the
141revocation or modification order is contested, the taxpayer
142shall file an amended return or other report as provided in this
143paragraph within 60 days after a final order is issued following
144proceedings.
145     (e)  A notice of deficiency may be issued by the Department
146of Revenue at any time within 3 years after the taxpayer
147receives formal notification from the Department of
148Environmental Protection that previously approved tax credits
149have been revoked or modified. If a taxpayer fails to notify the
150Department of Revenue of any changes to its tax credit claimed,
151a notice of deficiency may be issued at any time.
152     (6)  RULES.--The Department of Revenue shall have the
153authority to adopt rules relating to the forms required to claim
154a tax credit under this section, the requirements and basis for
155establishing an entitlement to a credit, and the examination and
156audit procedures required to administer this section.
157     (7)  PUBLICATION.--The Department of Environmental
158Protection shall determine and publish on a regular basis the
159amount of available tax credits remaining in each fiscal year.
160     Section 13.  Section 220.193, Florida Statutes, is created
161to read:
162     220.193  Florida renewable energy production credit.--
163     (1)  The purpose of this section is to encourage the
164development and expansion of facilities that produce renewable
165energy in Florida.
166     (2)  As used in this section, the term:
167     (a)  "Commission" shall mean the Public Service Commission.
168     (b)  "Department" shall mean the Department of Revenue.
169     (c)  "Expanded facility" shall mean a Florida renewable
170energy facility that increases its electrical production and
171sale by more than 5 percent above the facility's electrical
172production and sale during the 2005 calendar year.
173     (d)  "Florida renewable energy facility" shall mean a
174facility in the state that produces electricity for sale from
175renewable energy, as defined in s. 377.803.
176     (e)  "New facility" shall mean a Florida renewable energy
177facility that is operationally placed in service after May 1,
1782006.
179     (3)  An annual credit against the tax imposed by this
180section shall be allowed to a taxpayer, based on the taxpayer's
181production and sale of electricity from a new or expanded
182Florida renewable energy facility. For a new facility, the
183credit shall be based on the taxpayer's sale of the facility's
184entire electrical production. For an expanded facility, the
185credit shall be based on the increases in the facility's
186electrical production that are achieved after May 1, 2006.
187     (a)  The credit shall be $0.01 for each kilowatt-hour of
188electricity produced and sold by the taxpayer to an unrelated
189party during a given tax year.
190     (b)  The credit may be claimed for electricity produced and
191sold on or after January 1, 2007. Beginning in 2008 and
192continuing until 2011, each taxpayer claiming a credit under
193this section must first apply to the department by February 1 of
194each year for an allocation of available credit. The department,
195in consultation with the commission, shall develop an
196application form. The application form shall, at a minimum,
197require a sworn affidavit from each taxpayer certifying the
198increase in production and sales that form the basis of the
199application and certifying that all information contained in the
200application is true and correct.
201     (c)  If the amount of credits applied for each year exceeds
202$5 million, the department shall award to each applicant a
203prorated amount based on each applicant's increased production
204and sales and the increased production and sales of all
205applicants.
206     (d)  If the credit granted pursuant to this section is not
207fully used in one year because of insufficient tax liability on
208the part of the taxpayer, the unused amount may be carried
209forward for a period not to exceed 5 years. The carryover credit
210may be used in a subsequent year when the tax imposed by this
211chapter for such year exceeds the credit for such year, after
212applying the other credits and unused credit carryovers in the
213order provided in s. 220.02(8).
214     (e)  A taxpayer that files a consolidated return in this
215state as a member of an affiliated group under s. 220.131(1) may
216be allowed the credit on a consolidated return basis up to the
217amount of tax imposed upon the consolidated group.
218     (f)1.  Tax credits that may be available under this section
219to an entity eligible under this section may be transferred
220after a merger or acquisition to the surviving or acquiring
221entity and used in the same manner with the same limitations.
222     2.  The entity or its surviving or acquiring entity as
223described in subparagraph 1. may transfer any unused credit in
224whole or in units of no less than 25 percent of the remaining
225credit. The entity acquiring such credit may use it in the same
226manner and with the same limitations under this section. Such
227transferred credits may not be transferred again although they
228may succeed to a surviving or acquiring entity subject to the
229same conditions and limitations as described in this section.
230     3.  In the event the credit provided for under this section
231is reduced as a result of an examination or audit by the
232department, such tax deficiency shall be recovered from the
233first entity or the surviving or acquiring entity to have
234claimed such credit up to the amount of credit taken. Any
235subsequent deficiencies shall be assessed against any entity
236acquiring and claiming such credit, or in the case of multiple
237succeeding entities in the order of credit succession.
238     (g)  Notwithstanding any other provision of this section,
239credits for the production and sale of electricity from a new or
240expanded Florida renewable energy facility may be earned between
241January 1, 2007 and June 30, 2010. The combined total amount of
242tax credits which may be granted for all taxpayers under this
243section is limited to $5 million per state fiscal year.
244     (h)  A taxpayer claiming a credit under this section shall
245be required to add back to net income that portion of its
246business deductions claimed on its federal return paid or
247incurred for the taxable year which is equal to the amount of
248the credit allowable for the taxable year under this section.
249     (i)  A taxpayer claiming credit under this section may not
250claim a credit under s. 220.192. A taxpayer claiming credit
251under s. 220.192 may not claim a credit under this section.
252     (4)  The department may adopt rules to implement and
253administer this section, including rules prescribing forms, the
254documentation needed to substantiate a claim for the tax credit,
255and the specific procedures and guidelines for claiming the
256credit.
257     (5)  This section shall take effect upon becoming law and
258shall apply to tax years beginning on and after January 1, 2007.
259     Section 14.  Paragraph (a) of subsection (1) of section
260220.13, Florida Statutes, is amended to read:
261     220.13  "Adjusted federal income" defined.--
262     (1)  The term "adjusted federal income" means an amount
263equal to the taxpayer's taxable income as defined in subsection
264(2), or such taxable income of more than one taxpayer as
265provided in s. 220.131, for the taxable year, adjusted as
266follows:
267     (a)  Additions.--There shall be added to such taxable
268income:
269     1.  The amount of any tax upon or measured by income,
270excluding taxes based on gross receipts or revenues, paid or
271accrued as a liability to the District of Columbia or any state
272of the United States which is deductible from gross income in
273the computation of taxable income for the taxable year.
274     2.  The amount of interest which is excluded from taxable
275income under s. 103(a) of the Internal Revenue Code or any other
276federal law, less the associated expenses disallowed in the
277computation of taxable income under s. 265 of the Internal
278Revenue Code or any other law, excluding 60 percent of any
279amounts included in alternative minimum taxable income, as
280defined in s. 55(b)(2) of the Internal Revenue Code, if the
281taxpayer pays tax under s. 220.11(3).
282     3.  In the case of a regulated investment company or real
283estate investment trust, an amount equal to the excess of the
284net long-term capital gain for the taxable year over the amount
285of the capital gain dividends attributable to the taxable year.
286     4.  That portion of the wages or salaries paid or incurred
287for the taxable year which is equal to the amount of the credit
288allowable for the taxable year under s. 220.181. The provisions
289of this subparagraph shall expire and be void on June 30, 2005.
290     5.  That portion of the ad valorem school taxes paid or
291incurred for the taxable year which is equal to the amount of
292the credit allowable for the taxable year under s. 220.182. The
293provisions of this subparagraph shall expire and be void on June
29430, 2005.
295     6.  The amount of emergency excise tax paid or accrued as a
296liability to this state under chapter 221 which tax is
297deductible from gross income in the computation of taxable
298income for the taxable year.
299     7.  That portion of assessments to fund a guaranty
300association incurred for the taxable year which is equal to the
301amount of the credit allowable for the taxable year.
302     8.  In the case of a nonprofit corporation which holds a
303pari-mutuel permit and which is exempt from federal income tax
304as a farmers' cooperative, an amount equal to the excess of the
305gross income attributable to the pari-mutuel operations over the
306attributable expenses for the taxable year.
307     9.  The amount taken as a credit for the taxable year under
308s. 220.1895.
309     10.  Up to nine percent of the eligible basis of any
310designated project which is equal to the credit allowable for
311the taxable year under s. 220.185.
312     11.  The amount taken as a credit for the taxable year
313under s. 220.187.
314     12.  The amount taken as a credit for the taxable year
315under s. 220.192.
316     13.  The amount taken as a credit for the taxable year
317under s. 220.193.
318     Section 15.  Subsection (2) of section 186.801, Florida
319Statutes, is amended to read:
320     186.801  Ten-year site plans.--
321     (2)  Within 9 months after the receipt of the proposed
322plan, the commission shall make a preliminary study of such plan
323and classify it as "suitable" or "unsuitable." The commission
324may suggest alternatives to the plan. All findings of the
325commission shall be made available to the Department of
326Environmental Protection for its consideration at any subsequent
327electrical power plant site certification proceedings. It is
328recognized that 10-year site plans submitted by an electric
329utility are tentative information for planning purposes only and
330may be amended at any time at the discretion of the utility upon
331written notification to the commission. A complete application
332for certification of an electrical power plant site under
333chapter 403, when such site is not designated in the current 10-
334year site plan of the applicant, shall constitute an amendment
335to the 10-year site plan. In its preliminary study of each 10-
336year site plan, the commission shall consider such plan as a
337planning document and shall review:
338     (a)  The need, including the need as determined by the
339commission, for electrical power in the area to be served.
340     (b)  The effect on fuel diversity within the state.
341     (c)(b)  The anticipated environmental impact of each
342proposed electrical power plant site.
343     (d)(c)  Possible alternatives to the proposed plan.
344     (e)(d)  The views of appropriate local, state, and federal
345agencies, including the views of the appropriate water
346management district as to the availability of water and its
347recommendation as to the use by the proposed plant of salt water
348or fresh water for cooling purposes.
349     (f)(e)  The extent to which the plan is consistent with the
350state comprehensive plan.
351     (g)(f)  The plan with respect to the information of the
352state on energy availability and consumption.
353     Section 16.  Subsection (6) of section 366.04, Florida
354Statutes, is amended to read:
355     366.04  Jurisdiction of commission.--
356     (6)  The commission shall further have exclusive
357jurisdiction to prescribe and enforce safety standards for
358transmission and distribution facilities of all public electric
359utilities, cooperatives organized under the Rural Electric
360Cooperative Law, and electric utilities owned and operated by
361municipalities. In adopting safety standards, the commission
362shall, at a minimum:
363     (a)  Adopt the 1984 edition of the National Electrical
364Safety Code (ANSI C2) as initial standards; and
365     (b)  Adopt, after review, any new edition of the National
366Electrical Safety Code (ANSI C2).
367
368The standards prescribed by the current 1984 edition of the
369National Electrical Safety Code (ANSI C2) shall constitute
370acceptable and adequate requirements for the protection of the
371safety of the public, and compliance with the minimum
372requirements of that code shall constitute good engineering
373practice by the utilities. The administrative authority referred
374to in the 1984 edition of the National Electrical Safety Code is
375the commission. However, nothing herein shall be construed as
376superseding, repealing, or amending the provisions of s.
377403.523(1) and (10).
378     Section 17.  Subsections (1) and (8) of section 366.05,
379Florida Statutes, are amended to read:
380     366.05  Powers.--
381     (1)  In the exercise of such jurisdiction, the commission
382shall have power to prescribe fair and reasonable rates and
383charges, classifications, standards of quality and measurements,
384including the ability to adopt construction standards that
385exceed the National Electrical Safety Code, for purposes of
386ensuring the reliable provision of service, and service rules
387and regulations to be observed by each public utility; to
388require repairs, improvements, additions, replacements, and
389extensions to the plant and equipment of any public utility when
390reasonably necessary to promote the convenience and welfare of
391the public and secure adequate service or facilities for those
392reasonably entitled thereto; to employ and fix the compensation
393for such examiners and technical, legal, and clerical employees
394as it deems necessary to carry out the provisions of this
395chapter; and to adopt rules pursuant to ss. 120.536(1) and
396120.54 to implement and enforce the provisions of this chapter.
397     (8)  If the commission determines that there is probable
398cause to believe that inadequacies exist with respect to the
399energy grids developed by the electric utility industry,
400including inadequacies in fuel diversity or fuel supply
401reliability, it shall have the power, after proceedings as
402provided by law, and after a finding that mutual benefits will
403accrue to the electric utilities involved, to require
404installation or repair of necessary facilities, including
405generating plants and transmission facilities, with the costs to
406be distributed in proportion to the benefits received, and to
407take all necessary steps to ensure compliance. The electric
408utilities involved in any action taken or orders issued pursuant
409to this subsection shall have full power and authority,
410notwithstanding any general or special laws to the contrary, to
411jointly plan, finance, build, operate, or lease generating and
412transmission facilities and shall be further authorized to
413exercise the powers granted to corporations in chapter 361. This
414subsection shall not supersede or control any provision of the
415Florida Electrical Power Plant Siting Act, ss. 403.501-403.518.
416     Section 18.  Section 366.92, Florida Statutes, is created
417to read:
418     366.92  Florida renewable energy policy.--
419     (1)  It is the intent of the Legislature to promote the
420development of renewable energy; protect the economic viability
421of Florida's existing renewable energy facilities; diversify the
422types of fuel used to generate electricity in Florida; lessen
423Florida's dependence on natural gas and fuel oil for the
424production of electricity; minimize the volatility of fuel
425costs; encourage investment within the state; improve
426environmental conditions; and at the same time, minimize the
427costs of power supply to electric utilities and their customers.
428     (2)  For the purposes of this section, "Florida renewable
429energy resources" shall mean renewable energy, as defined in s.
430377.803, that is produced in Florida.
431     (3)  The commission may adopt appropriate goals for
432increasing the use of existing, expanded, and new Florida
433renewable energy resources. The commission may change the goals.
434The commission may review and reestablish the goals at least
435
436
437======== T I T L E  A M E N D M E N T ========
438     Remove line(s) 4328-4339 and insert:
439amending s. 220.13, F.S.; providing additions to the
440definition of "adjusted federal income"; amending s.
441186.801, F.S.; revising the provisions of electric utility
44210-year site plans to include the effect on fuel
443diversity; amending s. 366.04, F.S.; revising the safety
444standards for public utilities; amending s. 366.05, F.S.;
445authorizing the Public Service Commission to adopt certain
446construction standards and make certain determinations;
447directing the commission to conduct a study and provide a
448report by a certain date; creating s. 366.92, F.S.;
449relating to the Florida renewable energy policy; providing
450intent; providing definitions; authorizing the Florida


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