CS/HB 7123

1	A bill to be entitled
2	An act relating to energy; amending s. 196.175, F.S.;
3	revising provisions for the renewable energy source
4	exemption; excluding the assessed value of certain real
5	property for determination of such exemption; amending s.
6	212.08, F.S.; revising the definition of "ethanol";
7	increasing the cap on the sales tax exemption for
8	materials used in the distribution of biodiesel and
9	ethanol fuels; specifying eligible items as limited to one
10	refund; requiring a purchaser who receives a refund to
11	notify a subsequent purchaser of such refund; creating s.
12	212.086, F.S.; establishing the Energy-Efficient Motor
13	Vehicle Sales Tax Holiday; providing a sales tax exemption
14	for the purchase of an alternative motor vehicle;
15	specifying a period during which the sale of such vehicles
16	is exempt from certain sales tax; providing eligibility
17	requirements; requiring the department to adopt rules;
18	providing an exclusion; providing for future repeal of the
19	exemption; amending s. 220.192, F.S., relating to the
20	renewable energy technologies investment tax credit;
21	providing a definition; providing for the transferability
22	of such tax credit; providing requirements and procedures
23	therefor; providing rulemaking requirements and authority;
24	amending s. 220.193, F.S.; providing a definition;
25	providing that a taxpayer's use of certain credits does
26	not prohibit the use of other authorized credits; amending
27	s. 255.251, F.S.; revising a short title; amending s.
28	255.252, F.S.; revising criteria for energy conservation
29	and sustainability for state-owned buildings; requiring
30	buildings constructed and financed by the state to meet
31	certain environmental standards subject to approval by the
32	Department of Management Services; requiring state
33	agencies to identify state-owned buildings that are
34	suitable for guaranteed energy performance savings
35	contracts; providing requirements and procedures therefor;
36	requiring the Department of Management Services to
37	evaluate identified facilities and develop an energy
38	efficiency project schedule; providing criteria for such
39	schedule; amending s. 255.253, F.S.; providing
40	definitions; amending s. 255.254, F.S.; requiring certain
41	state-owned buildings to meet sustainable building
42	ratings; amending s. 255.255, F.S.; requiring the
43	department to adopt rules and procedures for energy
44	conservation performance guidelines based on sustainable
45	building ratings; amending s. 287.064, F.S.; extending the
46	period of time allowed for the repayment of funds for
47	certain purchases relating to energy conservation
48	measures; requiring guaranteed energy performance savings
49	contractors to provide for the replacement or the
50	extension of the useful life of the equipment during the
51	term of a contract; amending s. 377.802, F.S.; providing
52	for the annual designation of "Energy Efficiency and
53	Conservation Month"; amending s. 377.803, F.S.; revising
54	definitions; amending s. 377.804, F.S.; deleting
55	provisions relating to bioenergy projects under the
56	Renewable Energy Technologies Grants Program; amending s.
57	377.806, F.S.; revising rebate eligibility and application
58	requirements for solar photovoltaic systems; requiring
59	applicants to apply for rebate reservations and rebate
60	payments; providing a limitation; revising rulemaking
61	authority; creating s. 403.0874, F.S.; providing a
62	definition; directing the Department of Environmental
63	Protection to develop greenhouse gas inventories;
64	providing requirements for such inventories; authorizing
65	the department to require emission reports; requiring the
66	department to adopt rules; amending s. 403.50663, F.S.;
67	revising the requirements for notice of certain
68	informational public meetings by local governments and
69	regional planning councils relating to power plant siting;
70	amending s. 403.50665, F.S.; authorizing local governments
71	to determine incompleteness of information on certain
72	siting applications as inconsistent with land use plans
73	and zoning ordinances; revising provisions for the filing
74	of certain petitions relating to land use; amending s.
75	403.508, F.S.; revising provisions for land use
76	certification hearings relating to power plant siting;
77	amending s. 403.509, F.S.; revising provisions for the
78	final disposition of power plant siting applications;
79	amending s. 403.5113, F.S.; revising provisions relating
80	to power plant siting postcertification amendments and
81	review; amending s. 403.5115, F.S.; revising provisions
82	for public notice of activities relating to power plant
83	siting; specifying requirements for such notice; amending
84	s. 403.5252, F.S.; revising the timeframes for agencies
85	and the Department of Environmental Protection to provide
86	statements relating to the completeness of applications
87	for power plant siting certification; amending s. 403.527,
88	F.S.; revising the timeframe for the administrative law
89	judge to cancel power plant siting certification hearings
90	and relinquish jurisdiction to the Department of
91	Environmental Protection upon request by the applicant or
92	the department; amending s. 403.5271, F.S.; revising
93	provisions relating to the completeness of applications
94	for alternate corridors; amending s. 403.5272, F.S.;
95	revising the requirements for local governments and
96	regional planning councils to notice certain informational
97	public meetings; amending s. 403.5317, F.S.; revising
98	provisions for power plant siting postcertification
99	activities; amending s. 403.5363, F.S.; revising
100	provisions for public notices of power plant siting
101	certification hearings; requiring local governments and
102	regional planning councils to publish notice of certain
103	informational meetings; providing requirements for such
104	publication; amending s. 489.145, F.S.; revising
105	provisions relating to guaranteed energy performance
106	savings contracting to include energy consumption and
107	energy-related operational savings; revising provisions
108	for the financing of guaranteed energy performance savings
109	contracts; revising criteria for proposed contracts;
110	revising program administration and contract review
111	provisions; requiring that consolidated financing of
112	deferred payment commodity contracts be secured by certain
113	funds; requiring the Chief Financial Officer to review
114	proposed guaranteed energy performance savings contracts;
115	creating s. 570.956, F.S.; establishing the Farm-to-Fuel
116	Advisory Council within the Department of Agriculture and
117	Consumer Services; providing membership requirements;
118	providing for council duties; creating s. 570.957, F.S.;
119	establishing the Farm-to-Fuel Grants Program within the
120	Department of Agriculture and Consumer Services; providing
121	definitions; specifying the use of renewable energy grants
122	for projects relating to bioenergy; providing eligibility
123	requirements; authorizing the department to adopt rules;
124	providing criteria for grant award consideration;
125	requiring the department to consult with the Department of
126	Environmental Protection, the Office of Tourism, Trade,
127	and Economic Development, and certain experts when
128	evaluating applications; creating s. 570.958, F.S.;
129	establishing the Biofuel Retail Sales Incentive Program;
130	establishing goals for replacing petroleum consumption;
131	providing definitions; providing incentive payments to
132	qualified retail dealers for increases in the amount of
133	biofuels offered for sale; providing requirements and
134	procedures therefor; creating s. 570.959, F.S.;
135	establishing the Florida Biofuel Production Incentive
136	Program; providing definitions; providing incentive
137	payments to producers of certain biofuels; providing
138	requirements and procedures therefor; authorizing the
139	Department of Agriculture and Consumer Services to adopt
140	rules; directing the Florida Building Commission to
141	convene a workgroup to develop a model residential energy
142	efficiency ordinance; requiring the commission to consult
143	with specified entities to review the cost-effectiveness
144	of energy efficiency measures in the construction of
145	residential, commercial, and government buildings;
146	requiring the commission to consult with specified
147	entities to develop and implement a public awareness
148	campaign; requiring the commission to provide reports to
149	the Legislature; requiring all county, municipal, and
150	public community college buildings to meet certain energy
151	efficiency standards for construction; providing
152	applicability; specifying a period during which the sale
153	of energy-efficient products is exempt from certain tax;
154	providing a limitation; providing a definition;
155	authorizing the Department of Revenue to adopt rules;
156	establishing standards for diesel fuel purchases for use
157	by state-owned diesel vehicles and equipment to include
158	biodiesel fuel purchase requirements; establishing
159	standards for fuel purchases for use by state-owned flex-
160	fuel vehicles to include ethanol purchase requirements;
161	establishing standards for the use of biodiesel fuels by
162	school district transportation services; providing
163	legislative intent relating to the leverage of state funds
164	for certain research and production; creating the Florida
165	Energy, Aerospace, and Technology (F.E.A.T.) Fund;
166	authorizing the Executive Office of the Governor to
167	procure the services of a private business entity;
168	providing requirements and procedures therefor; requiring
169	that certain funds be deposited in the Grants and
170	Donations Trust Fund; providing requirements and
171	procedures therefor; providing for the construction and
172	operation of a research and demonstration cellulosic
173	ethanol plant; providing requirements and procedures
174	therefor; requiring the Florida Energy Commission to
175	conduct a study and recommend a renewable portfolio
176	standard; providing requirements and procedures therefor;
177	requiring the Florida Energy Commission to conduct a study
178	to recommend the establishment of an energy efficiency and
179	solar energy initiative; providing requirements and
180	procedures therefor; requiring the Public Service
181	Commission to submit a report to the Legislature on
182	methods used to evaluate the conservation goals, plans,
183	and programs of utilities subject to the Florida Energy
184	Efficiency and Conservation Act; requiring the Department
185	of Agriculture and Consumer Services to conduct a study
186	and recommend a Florida Loan Guarantee Program for
187	cellulosic ethanol facilities; requiring a report to the
188	Legislature; requiring the Department of Community Affairs
189	to convene a workgroup to identify and review certain
190	energy conservation standards for specified products;
191	providing requirements and procedures therefor; creating
192	s. 1013.441, F.S.; establishing the Green Schools Pilot
193	Project to enable selected school districts to comply with
194	certain building-certification standards; defining the
195	term "additional costs"; providing for an application and
196	selection process for participation in the pilot project;
197	providing requirements for school districts to
198	participate; providing for evaluation criteria that may be
199	used during the selection process; providing for the
200	distribution of funds by the Department of Education;
201	providing for prorated distribution of funds under
202	specified circumstances; providing authority to distribute
203	excess funds for specified purposes; requiring the
204	reporting of expenditures by participating school
205	districts; authorizing inspection and evaluation of the
206	reports by the Auditor General; providing for the return
207	of improperly expended funds and of specified funds if a
208	constructed or renovated school fails to achieve specified
209	certification standards; providing that appropriated funds
210	do not revert to the General Revenue Fund; requiring a
211	report by each participating school district; providing
212	appropriations; providing an effective date.
213
214	Be It Enacted by the Legislature of the State of Florida:
215
216	Section 1.  Section 196.175, Florida Statutes, is amended
217	to read:
218	196.175  Renewable energy source exemption.--
219	(1)  Improved real property upon which a renewable energy
220	source device is installed and operated shall be entitled to an
221	exemption in the amount of not greater than the lesser of:
222	(a)  The assessed value of such real property less any
223	other exemptions applicable under this chapter;
224	(b)  the original cost of the device, including the
225	installation cost thereof, but excluding the cost of replacing
226	previously existing property removed or improved in the course
227	of such installation; or
228	(c)  Eight percent of the assessed value of such property
229	immediately following installation.
230	(2)  The exempt amount authorized under subsection (1)
231	shall apply in full if the device was installed and operative
232	throughout the 12-month period preceding January 1 of the year
233	of application for this exemption. If the device was operative
234	for a portion of that period, the exempt amount authorized under
235	this section shall be reduced proportionally.
236	(3)  It shall be the responsibility of the applicant for an
237	exemption pursuant to this section to demonstrate affirmatively
238	to the satisfaction of the property appraiser that he or she
239	meets the requirements for exemption under this section and that
240	the original cost pursuant to paragraph (1)(b) and the period
241	for which the device was operative, as indicated on the
242	exemption application, are correct.
243	(4)  No exemption authorized pursuant to this section shall
244	be granted for a period of more than 10 years. No exemption
245	shall be granted with respect to renewable energy source devices
246	installed before July 1, 2007 January 1, 1980, or after December
247	31, 1990.
248	Section 2.  Paragraph (ccc) of subsection (7) of section
249	212.08, Florida Statutes, is amended to read:
250	212.08  Sales, rental, use, consumption, distribution, and
251	storage tax; specified exemptions.--The sale at retail, the
252	rental, the use, the consumption, the distribution, and the
253	storage to be used or consumed in this state of the following
254	are hereby specifically exempt from the tax imposed by this
255	chapter.
256	(7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
257	entity by this chapter do not inure to any transaction that is
258	otherwise taxable under this chapter when payment is made by a
259	representative or employee of the entity by any means,
260	including, but not limited to, cash, check, or credit card, even
261	when that representative or employee is subsequently reimbursed
262	by the entity. In addition, exemptions provided to any entity by
263	this subsection do not inure to any transaction that is
264	otherwise taxable under this chapter unless the entity has
265	obtained a sales tax exemption certificate from the department
266	or the entity obtains or provides other documentation as
267	required by the department. Eligible purchases or leases made
268	with such a certificate must be in strict compliance with this
269	subsection and departmental rules, and any person who makes an
270	exempt purchase with a certificate that is not in strict
271	compliance with this subsection and the rules is liable for and
272	shall pay the tax. The department may adopt rules to administer
273	this subsection.
274	(ccc)  Equipment, machinery, and other materials for
275	renewable energy technologies.--
276	1.  As used in this paragraph, the term:
277	a.  "Biodiesel" means the mono-alkyl esters of long-chain
278	fatty acids derived from plant or animal matter for use as a
279	source of energy and meeting the specifications for biodiesel
280	and biodiesel blends with petroleum products as adopted by the
281	Department of Agriculture and Consumer Services. Biodiesel may
282	refer to biodiesel blends designated BXX, where XX represents
283	the volume percentage of biodiesel fuel in the blend.
284	b.  "Ethanol" means an nominally anhydrous denatured
285	alcohol produced by the conversion of carbohydrates fermentation
286	of plant sugars meeting the specifications for fuel ethanol and
287	fuel ethanol blends with petroleum products as adopted by the
288	Department of Agriculture and Consumer Services. Ethanol may
289	refer to fuel ethanol blends designated EXX, where XX represents
290	the volume percentage of fuel ethanol in the blend.
291	c.  "Hydrogen fuel cells" means equipment using hydrogen or
292	a hydrogen-rich fuel in an electrochemical process to generate
293	energy, electricity, or the transfer of heat.
294	2.  The sale or use of the following in the state is exempt
295	from the tax imposed by this chapter:
296	a.  Hydrogen-powered vehicles, materials incorporated into
297	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
298	a limit of $2 million in tax each state fiscal year for all
299	taxpayers.
300	b.  Commercial stationary hydrogen fuel cells, up to a
301	limit of $1 million in tax each state fiscal year for all
302	taxpayers.
303	c.  Materials used in the distribution of biodiesel (B10-
304	B100) and ethanol (E10-100), including fueling infrastructure,
305	transportation, and storage, up to a limit of $2 $1 million in
306	tax each state fiscal year for all taxpayers. Gasoline fueling
307	station pump retrofits for ethanol (E10-E100) distribution
308	qualify for the exemption provided in this sub-subparagraph.
309	3.  The Department of Environmental Protection shall
310	provide to the department a list of items eligible for the
311	exemption provided in this paragraph.
312	4.a.  The exemption provided in this paragraph shall be
313	available to a purchaser only through a refund of previously
314	paid taxes. Only one purchase of an eligible item is subject to
315	refund. A purchaser who has received a refund on an eligible
316	item must notify any subsequent purchaser of the item that the
317	item is no longer eligible for a refund of tax paid. This
318	notification must be provided to the purchaser on the sales
319	invoice or other proof of purchase.
320	b.  To be eligible to receive the exemption provided in
321	this paragraph, a purchaser shall file an application with the
322	Department of Environmental Protection. The application shall be
323	developed by the Department of Environmental Protection, in
324	consultation with the department, and shall require:
325	(I)  The name and address of the person claiming the
326	refund.
327	(II)  A specific description of the purchase for which a
328	refund is sought, including, when applicable, a serial number or
329	other permanent identification number.
330	(III)  The sales invoice or other proof of purchase showing
331	the amount of sales tax paid, the date of purchase, and the name
332	and address of the sales tax dealer from whom the property was
333	purchased.
334	(IV)  A sworn statement that the information provided is
335	accurate and that the requirements of this paragraph have been
336	met.
337	c.  Within 30 days after receipt of an application, the
338	Department of Environmental Protection shall review the
339	application and shall notify the applicant of any deficiencies.
340	Upon receipt of a completed application, the Department of
341	Environmental Protection shall evaluate the application for
342	exemption and issue a written certification that the applicant
343	is eligible for a refund or issue a written denial of such
344	certification within 60 days after receipt of the application.
345	The Department of Environmental Protection shall provide the
346	department with a copy of each certification issued upon
347	approval of an application.
348	d.  Each certified applicant shall be responsible for
349	forwarding a certified copy of the application and copies of all
350	required documentation to the department within 6 months after
351	certification by the Department of Environmental Protection.
352	e.  The provisions of s. 212.095 do not apply to any refund
353	application made pursuant to this paragraph. A refund approved
354	pursuant to this paragraph shall be made within 30 days after
355	formal approval by the department.
356	f.  The department may adopt all rules pursuant to ss.
357	120.536(1) and 120.54 to administer this paragraph, including
358	rules establishing forms and procedures for claiming this
359	exemption.
360	g.  The Department of Environmental Protection shall be
361	responsible for ensuring that the total amounts of the
362	exemptions authorized do not exceed the limits as specified in
363	subparagraph 2.
364	5.  The Department of Environmental Protection shall
365	determine and publish on a regular basis the amount of sales tax
366	funds remaining in each fiscal year.
367	6.  This paragraph expires July 1, 2010.
368	Section 3.  Section 212.086, Florida Statutes, is created
369	to read:
370	212.086  Energy-Efficient Motor Vehicle Sales Tax
371	Holiday.--
372	(1)  The Energy-Efficient Motor Vehicle Sales Tax Holiday
373	is established to provide financial incentives for the purchase
374	of alternative motor vehicles as specified in this section.
375	(2)  The sale or purchase of a new alternative motor
376	vehicle during the period from 12:01 a.m., October 1, through
377	11:59 p.m., October 31, in any year is eligible for a partial
378	exemption from the taxes imposed under this chapter. The partial
379	exemption is limited to the first $10,000 of the sales price of
380	the new alternative motor vehicle. This partial exemption does
381	not apply to the lease or rental of a new alternative motor
382	vehicle.
383	(3)  To qualify for the exemption under this section, the
384	new alternative motor vehicle must be certified as a qualified
385	hybrid motor vehicle, a qualified alternative fuel motor
386	vehicle, a qualified fuel cell motor vehicle, or an advanced
387	lean-burn technology motor vehicle by the Internal Revenue
388	Service for the income tax credit for alternative motor vehicles
389	under s. 30B of the Internal Revenue Code of 1986, as amended.
390	(4)  The department may adopt rules pursuant to ss.
391	120.536(1) and 120.54 to administer this section and may
392	establish guidelines as to the requisites for a dealer's
393	documentation of such exempt sales.
394	(5)  A motor vehicle or materials incorporated into such
395	motor vehicle on which an application for refund has been filed
396	or paid pursuant to s. 212.08(7)(ccc) is not eligible for an
397	exemption provided in this section. Likewise, a motor vehicle on
398	which a partial exemption is received under this section is not
399	eligible for the exemption under s. 212.08(7)(ccc).
400	(6)  This section expires July 1, 2010.
401	Section 4.  Subsection (1) of section 220.192, Florida
402	Statutes, is amended, subsection (6) is renumbered as subsection
403	(7) and amended, subsection (7) is renumbered as subsection (8),
404	and a new subsection (6) is added to that section, to read:
405	220.192  Renewable energy technologies investment tax
406	credit.--
407	(1)  DEFINITIONS.--For purposes of this section, the term:
408	(a)  "Biodiesel" means biodiesel as defined in s.
409	212.08(7)(ccc).
410	(b)  "Corporation" means a general partnership, limited
411	partnership, limited liability company, unincorporated business,
412	or other business entity in which a taxpayer owns an interest
413	and which is taxed as a partnership or is disregarded as a
414	separate entity from the taxpayer for tax purposes.
415	(c)(b)  "Eligible costs" means:
416	1.  Seventy-five percent of all capital costs, operation
417	and maintenance costs, and research and development costs
418	incurred between July 1, 2006, and June 30, 2010, up to a limit
419	of $3 million per state fiscal year for all taxpayers, in
420	connection with an investment in hydrogen-powered vehicles and
421	hydrogen vehicle fueling stations in the state, including, but
422	not limited to, the costs of constructing, installing, and
423	equipping such technologies in the state.
424	2.  Seventy-five percent of all capital costs, operation
425	and maintenance costs, and research and development costs
426	incurred between July 1, 2006, and June 30, 2010, up to a limit
427	of $1.5 million per state fiscal year for all taxpayers, and
428	limited to a maximum of $12,000 per fuel cell, in connection
429	with an investment in commercial stationary hydrogen fuel cells
430	in the state, including, but not limited to, the costs of
431	constructing, installing, and equipping such technologies in the
432	state.
433	3.  Seventy-five percent of all capital costs, operation
434	and maintenance costs, and research and development costs
435	incurred between July 1, 2006, and June 30, 2010, up to a limit
436	of $6.5 million per state fiscal year for all taxpayers, in
437	connection with an investment in the production, storage, and
438	distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
439	the state, including the costs of constructing, installing, and
440	equipping such technologies in the state. Gasoline fueling
441	station pump retrofits for ethanol (E10-E100) distribution
442	qualify as an eligible cost under this subparagraph.
443	(d)(c)  "Ethanol" means ethanol as defined in s.
444	212.08(7)(ccc).
445	(e)(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
446	defined in s. 212.08(7)(ccc).
447	(6)  TRANSFERABILITY OF CREDIT.--
448	(a)  Any corporation and any subsequent transferee allowed
449	the tax credit may transfer the tax credit, in whole or in part,
450	to any taxpayer by written agreement, without the requirement of
451	transferring any ownership interest in the property generating
452	the tax credit or any interest in the entity which owns the
453	property. Transferees are entitled to apply the credits against
454	the tax with the same effect as if the transferee had incurred
455	the eligible costs.
456	(b)  To perfect the transfer, the transferor shall provide
457	a written transfer statement providing notice to the Department
458	of Revenue of the assignor's intent to transfer the tax credits
459	to the assignee, the date the transfer is effective, the
460	assignee's name, address, federal taxpayer identification number
461	and tax period, and the amount of tax credits to be transferred.
462	The Department of Revenue shall issue, upon receipt of a
463	transfer statement conforming to the requirements of this
464	section, a certificate to the assignee reflecting the tax credit
465	amounts transferred, a copy of which shall be attached to each
466	tax return by an assignee in which such tax credits are used.
467	(c)  Tax credits derived by such entities treated as
468	corporations pursuant to this section that are not transferred
469	by such entities to other taxpayers pursuant to this subsection
470	shall be passed through to the taxpayers designated as partners,
471	members, or owners, respectively, in any manner agreed to by
472	such persons, whether or not such persons are allocated or
473	allowed any portion of the federal energy tax credit with
474	respect to the eligible costs.
475	(7)(6)  RULES.--The Department of Revenue shall have the
476	authority to adopt rules relating to:
477	(a)  The forms required to claim a tax credit under this
478	section, the requirements and basis for establishing an
479	entitlement to a credit, and the examination and audit
480	procedures required to administer this section.
481	(b)  The implementation and administration of the
482	provisions allowing a transfer of tax credits, including rules
483	prescribing forms, reporting requirements, and the specific
484	procedures, guidelines, and requirements necessary for a tax
485	credit to be transferred.
486	(c)  The implementation and administration of the
487	provisions allowing a pass through of tax credits, including
488	rules prescribing forms, reporting requirements, and the
489	specific procedures, guidelines, and requirements necessary for
490	a tax credit to be passed through to an owner, member, or
491	partner.
492	(8)(7)  PUBLICATION.--The Department of Environmental
493	Protection shall determine and publish on a regular basis the
494	amount of available tax credits remaining in each fiscal year.
495	Section 5.  Paragraph (f) is added to subsection (2) and
496	paragraph (j) is added to subsection (3) of section 220.193,
497	Florida Statutes, to read:
498	220.193  Florida renewable energy production credit.--
499	(2)  As used in this section, the term:
500	(f)  "Sale" or "sold" includes the use of the electricity
501	by the producer of the electricity when such use decreases the
502	amount of electricity that would otherwise be purchased by the
503	producer thereof.
504	(3)  An annual credit against the tax imposed by this
505	section shall be allowed to a taxpayer, based on the taxpayer's
506	production and sale of electricity from a new or expanded
507	Florida renewable energy facility. For a new facility, the
508	credit shall be based on the taxpayer's sale of the facility's
509	entire electrical production. For an expanded facility, the
510	credit shall be based on the increases in the facility's
511	electrical production that are achieved after May 1, 2006.
512	(j)  A taxpayer's use of the credit granted pursuant to
513	this section shall not reduce the amount of any credit
514	authorized by s. 220.186 that would otherwise be available to
515	that taxpayer.
516	Section 6.  Section 255.251, Florida Statutes, is amended
517	to read:
518	255.251  Energy Conservation and Sustainable in Buildings
519	Act; short title.--This act shall be cited as the "Florida
520	Energy Conservation and Sustainable in Buildings Act of 1974."
521	Section 7.  Section 255.252, Florida Statutes, is amended
522	to read:
523	255.252  Findings and intent.--
524	(1)  Operating and maintenance expenditures associated with
525	energy equipment and with energy consumed in state-financed and
526	leased buildings represent a significant cost over the life of a
527	building. Energy conserved by appropriate building design not
528	only reduces the demand for energy but also reduces costs for
529	building operation. For example, commercial buildings are
530	estimated to use from 20 to 80 percent more energy than would be
531	required if energy-conserving designs were used. The size,
532	design, orientation, and operability of windows, the ratio of
533	ventilating air to air heated or cooled, the level of lighting
534	consonant with space-use requirements, the handling of occupancy
535	loads, and the ability to zone off areas not requiring
536	equivalent levels of heating or cooling are but a few of the
537	considerations necessary to conserving energy.
538	(2)  Significant efforts are needed to build energy-
539	efficient state-owned buildings that meet environmental
540	standards underway by the General Services Administration, the
541	National Institute of Standards and Technology, and others to
542	detail the considerations and practices for energy conservation
543	in buildings. Most important is that energy-efficient designs
544	provide energy savings over the life of the building structure.
545	Conversely, energy-inefficient designs cause excess and wasteful
546	energy use and high costs over that life. With buildings lasting
547	many decades and with energy costs escalating rapidly, it is
548	essential that the costs of operation and maintenance for
549	energy-using equipment and sustainable materials be included in
550	all design proposals for state-owned state buildings.
551	(3)  In order that such energy-efficiency and sustainable
552	materials considerations become a function of building design,
553	and also a model for future application in the private sector,
554	it shall be the policy of the state that buildings constructed
555	and financed by the state be designed and constructed to meet
556	the United States Green Building Council (USGBC) Leadership in
557	Energy and Environmental Design (LEED) rating system, Green
558	Building Initiative's Green Globes rating system, or a
559	nationally recognized, high-performance green building rating
560	system as approved by the department in a manner which will
561	minimize the consumption of energy used in the operation and
562	maintenance of such buildings. It is further the policy of the
563	state, when economically feasible, to retrofit existing state-
564	owned buildings in a manner that which will minimize the
565	consumption of energy used in the operation and maintenance of
566	such buildings.
567	(4)  In addition to designing and constructing new
568	buildings to be energy efficient energy-efficient, it shall be
569	the policy of the state to operate, maintain, and renovate
570	existing state-owned state facilities, or provide for their
571	renovation, in a manner that which will minimize energy
572	consumption and maximize their sustainability as well as ensure
573	that facilities leased by the state are operated so as to
574	minimize energy use. Agencies are encouraged to consider shared
575	savings financing of such energy projects, using contracts that
576	which split the resulting savings for a specified period of time
577	between the agency and the private firm or cogeneration
578	contracts which otherwise permit the state to lower its energy
579	costs. Such energy contracts may be funded from the operating
580	budget.
581	(5)  Each state agency must identify and compile a list of
582	all state-owned buildings within its inventory that it
583	determines are suitable for a guaranteed energy performance
584	savings contract pursuant to s. 489.145. Such list shall be
585	submitted to the Department of Management Services by December
586	31, 2007, and shall include any criteria used to determine
587	suitability. The list of suitable buildings shall be developed
588	from the list of state-owned facilities over 5,000 square feet
589	in area and for which the agency is responsible for paying the
590	expenses of utilities and other operating expenses as they
591	relate to energy use. In consultation with each department
592	secretary or director, by March 1, 2008, the Department of
593	Management Services shall evaluate each agency's facilities
594	suitable for energy conservation projects and shall develop an
595	energy efficiency project schedule based on factors such as
596	project magnitude, efficiency and effectiveness of energy
597	conservation measures to be implemented, and other factors that
598	may prove to be advantageous to pursue. Such schedule shall
599	provide the deadline for guaranteed energy performance savings
600	contract improvements to be made to the state-owned buildings.
601	Section 8.  Subsections (6) and (7) are added to section
602	255.253, Florida Statutes, to read:
603	255.253  Definitions; ss. 255.251-255.258.--
604	(6)  "Sustainable building" means a building that is
605	healthy and comfortable for its occupants and is economical to
606	operate while conserving resources, including energy, water, raw
607	materials, and land, and minimizing the generation of toxic
608	materials and waste in its design, construction, landscaping,
609	and operation.
610	(7)  "Sustainable building rating" means a rating
611	established by the United States Green Building Council (USGBC)
612	Leadership in Energy and Environmental Design (LEED) rating
613	system, Green Building Initiative's Green Globes rating system,
614	or a nationally recognized, high-performance green building
615	rating system as approved by the department.
616	Section 9.  Section 255.254, Florida Statutes, is amended
617	to read:
618	255.254  No facility constructed or leased without life-
619	cycle costs.--
620	(1)  No state agency shall lease, construct, or have
621	constructed, within limits prescribed herein, a facility without
622	having secured from the department an a proper evaluation of
623	life-cycle costs based on sustainable building ratings, as
624	computed by an architect or engineer. Furthermore, construction
625	shall proceed only upon disclosing, for the facility chosen, the
626	life-cycle costs as determined in s. 255.255, its sustainable
627	building rating goal, and the capitalization of the initial
628	construction costs of the building. The life-cycle costs shall
629	be a primary consideration in the selection of a building design
630	in addition to its sustainable building rating goal. Such
631	analysis shall be required only for construction of buildings
632	with an area of 5,000 square feet or greater. For leased
633	buildings 5,000 square feet or greater areas of 20,000 square
634	feet or greater within a given building boundary, an energy
635	performance analysis a life-cycle analysis shall be performed,
636	and a lease shall only be made where there is a showing that the
637	energy life-cycle costs incurred by the state are minimal
638	compared to available like facilities.
639	(2)  On and after January 1, 1979, no state agency shall
640	initiate construction or have construction initiated, prior to
641	approval thereof by the department, on a facility or self-
642	contained unit of any facility, the design and construction of
643	which incorporates or contemplates the use of an energy system
644	other than a solar energy system when the life-cycle costs
645	analysis prepared by the department has determined that a solar
646	energy system is the most cost-efficient energy system for the
647	facility or unit.
648	(3)  After September 30, 1985, when any state agency must
649	replace or supplement major items of energy-consuming equipment
650	in existing state-owned or leased facilities or any self-
651	contained unit of any facility with other major items of energy-
652	consuming equipment, the selection of such items shall be made
653	on the basis of a life-cycle cost analysis of alternatives in
654	accordance with rules promulgated by the department under s.
655	255.255.
656	Section 10.  Subsection (1) of section 255.255, Florida
657	Statutes, is amended to read:
658	255.255  Life-cycle costs.--
659	(1)  The department shall promulgate rules and procedures,
660	including energy conservation performance guidelines based on
661	sustainable building ratings, for conducting a life-cycle cost
662	analysis of alternative architectural and engineering designs
663	and alternative major items of energy-consuming equipment to be
664	retrofitted in existing state-owned or leased facilities and for
665	developing energy performance indices to evaluate the efficiency
666	of energy utilization for competing designs in the construction
667	of state-financed and leased facilities.
668	Section 11.  Subsections (10) and (11) of section 287.064,
669	Florida Statutes, are amended to read:
670	287.064  Consolidated financing of deferred-payment
671	purchases.--
672	(10)  Costs incurred pursuant to a guaranteed energy
673	performance savings contract, including the cost of energy
674	conservation measures, each as defined in s. 489.145, may be
675	financed pursuant to a master equipment financing agreement;
676	however, the costs of training, operation, and maintenance may
677	not be financed. The period of time for repayment of the funds
678	drawn pursuant to the master equipment financing agreement under
679	this subsection may exceed 5 years but may not exceed 20 10
680	years for energy conservation measures pursuant to s. 489.145,
681	excluding the costs of training, operation, and maintenance. The
682	guaranteed energy performance savings contractor shall provide
683	for the replacement or the extension of the useful life of the
684	equipment during the term of the contract.
685	(11)  For purposes of consolidated financing of deferred
686	payment commodity contracts under this section by a state
687	agency, the annualized amount of any such contract must be
688	supported from available recurring funds appropriated to the
689	agency in an appropriation category, other than the expense
690	appropriation category as defined in chapter 216, that the Chief
691	Financial Officer has determined is appropriate or that the
692	Legislature has designated for payment of the obligation
693	incurred under this section.
694	Section 12.  Section 377.802, Florida Statutes, is amended
695	to read:
696	377.802  Purposes Purpose.--
697	(1)  This act is intended to provide matching grants to
698	stimulate capital investment in the state and to enhance the
699	market for and promote the statewide utilization of renewable
700	energy technologies. The targeted grants program is designed to
701	advance the already growing establishment of renewable energy
702	technologies in the state and encourage the use of other
703	incentives such as tax exemptions and regulatory certainty to
704	attract additional renewable energy technology producers,
705	developers, and users to the state.
706	(2)  This act is also intended to provide incentives for
707	the purchase of energy-efficient appliances and rebates for
708	solar energy equipment installations for residential and
709	commercial buildings. In order to promote energy efficiency and
710	conservation of the state's resources, the month of October
711	shall annually be designated "Energy Efficiency and Conservation
712	Month."
713	Section 13.  Subsection (2) of section 377.803, Florida
714	Statutes, is amended, and subsections (3) through (10) of that
715	section are renumbered as subsections (2) through (9),
716	respectively, to read:
717	377.803  Definitions.--As used in ss. 377.801-377.806, the
718	term:
719	(2)  "Approved metering equipment" means a device capable
720	of measuring the energy output of a solar thermal system that
721	has been approved by the commission.
722	Section 14.  Subsection (6) of section 377.804, Florida
723	Statutes, is amended to read:
724	377.804  Renewable Energy Technologies Grants Program.--
725	(6)  The department shall coordinate and actively consult
726	with the Department of Agriculture and Consumer Services during
727	the review and approval process of grants relating to bioenergy
728	projects for renewable energy technology, and the departments
729	shall jointly determine the grant awards to these bioenergy
730	projects. No grant funding shall be awarded to any bioenergy
731	project without such joint approval. Factors for consideration
732	in awarding grants may include, but are not limited to, the
733	degree to which:
734	(a)  The project stimulates in-state capital investment and
735	economic development in metropolitan and rural areas, including
736	the creation of jobs and the future development of a commercial
737	market for bioenergy.
738	(b)  The project produces bioenergy from Florida-grown
739	crops or biomass.
740	(c)  The project demonstrates efficient use of energy and
741	material resources.
742	(d)  The project fosters overall understanding and
743	appreciation of bioenergy technologies.
744	(e)  Matching funds and in-kind contributions from an
745	applicant are available.
746	(f)  The project duration and the timeline for expenditures
747	are acceptable.
748	(g)  The project has a reasonable assurance of enhancing
749	the value of agricultural products or will expand agribusiness
750	in the state.
751	(h)  Preliminary market and feasibility research has been
752	conducted by the applicant or others and shows there is a
753	reasonable assurance of a potential market.
754	Section 15.  Subsections (2) and (3) of section 377.806,
755	Florida Statutes, are amended, present subsection (6) is
756	renumbered as subsection (7), present subsection (7) is
757	renumbered as subsection (8) and amended, and a new subsection
758	(6) is added to that section, to read:
759	377.806  Solar Energy System Incentives Program.--
760	(2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
761	(a)  Eligibility requirements.--A solar photovoltaic system
762	qualifies for a rebate if:
763	1.  The system is installed by a state-licensed master
764	electrician, electrical contractor, or solar contractor.
765	2.  The system complies with state interconnection
766	standards as provided by the commission.
767	3.  The system complies with all applicable building codes
768	as defined by the local jurisdictional authority.
769	(b)  Rebate amounts.--The rebate amount shall be set at $4
770	per watt based on the total wattage rating of the system. The
771	maximum allowable rebate per solar photovoltaic system
772	installation shall be as follows:
773	1.  Twenty thousand dollars for a residence.
774	2.  One hundred thousand dollars for a place of business, a
775	publicly owned or operated facility, or a facility owned or
776	operated by a private, not-for-profit organization, including
777	condominiums or apartment buildings.
778	(c)  Application.--To be eligible to receive a rebate,
779	applicants must file with the department a preapplication form
780	demonstrating that the planned system will meet applicable
781	requirements of this section. The department shall review the
782	preapplication to determine if it complies with the requirements
783	of this section, shall notify the applicant within 30 days after
784	receipt of the preapplication that the preapplication has been
785	received and meets such requirements, and shall reserve funding
786	for the preapplication for up to 90 days following the date of
787	issuance of notification to the applicant. Within 90 days after
788	the purchase of the solar photovoltaic system, the applicant
789	must submit to the department a separate application for a
790	rebate payment.
791	(3)  SOLAR THERMAL SYSTEM INCENTIVE.--
792	(a)  Eligibility requirements.--A solar thermal system
793	qualifies for a rebate if:
794	1.  The system is installed by a state-licensed solar or
795	plumbing contractor.
796	2.  The system complies with all applicable building codes
797	as defined by the local jurisdictional authority.
798	(b)  Rebate amounts.--Authorized rebates for installation
799	of solar thermal systems shall be as follows:
800	1.  Five hundred dollars for a residence.
801	2.  Fifteen dollars per 1,000 Btu up to a maximum of $5,000
802	for a place of business, a publicly owned or operated facility,
803	or a facility owned or operated by a private, not-for-profit
804	organization, including condominiums or apartment buildings. Btu
805	must be verified by approved metering equipment.
806	(6)  LIMITATION.--Rebates are limited to one type of system
807	per resident per state fiscal year.
808	(8)(7)  RULES.--The department shall adopt rules pursuant
809	to ss. 120.536(1) and 120.54 to develop rebate applications for
810	rebate reservations and rebate payments and administer the
811	issuance of rebates.
812	Section 16.  Section 403.0874, Florida Statutes, is created
813	to read:
814	403.0874  Greenhouse gas inventories.--
815	(1)  "Greenhouse gases" means gases that trap heat in the
816	atmosphere. The principal greenhouse gases are: carbon dioxide
817	(CO2), methane (CH4), nitrous oxide (N2O), and fluorinated gases
818	(such as hydrofluorocarbons, perfluorocarbons, and sulfur
819	hexafluoride).
820	(2)  The department shall develop greenhouse gas
821	inventories that account for annual greenhouse gases emitted to
822	and removed from the atmosphere, and forecast gases emitted and
823	removed, for all major greenhouse gases, for time periods
824	determined sufficient by the department to provide for adequate
825	analysis and planning.
826	(3)  By rule, the department shall define which greenhouse
827	gases are to be included in each inventory, the criteria for
828	defining major emitters, which emitters must report emissions,
829	and what methodologies shall be used to estimate gases emitted
830	and removed from those not required to report.
831	(4)  The department is authorized to require all major
832	emitters of defined greenhouse gases to report emissions
833	according to methodologies and reporting systems approved by the
834	department and established by rule, which may include the use of
835	quality-assured data from continuous emissions monitoring
836	systems.
837	Section 17.  Subsection (3) of section 403.50663, Florida
838	Statutes, is amended to read:
839	403.50663  Informational public meetings.--
840	(3)  A local government or regional planning council that
841	intends to conduct an informational public meeting must provide
842	notice of the meeting to all parties not less than 15 5 days
843	prior to the meeting and to the general public, in accordance
844	with the provisions of s. 403.5115(5).
845	Section 18.  Subsections (2), (3), and (4) of section
846	403.50665, Florida Statutes, are amended to read:
847	403.50665  Land use consistency.--
848	(2)  Within 45 days after the filing of the application,
849	each local government shall file a determination with the
850	department, the applicant, the administrative law judge, and all
851	parties on the consistency of the site or any directly
852	associated facilities with existing land use plans and zoning
853	ordinances that were in effect on the date the application was
854	filed, based on the information provided in the application. The
855	local government may issue its determination up to 35 days later
856	if the local government has requested additional information on
857	land use and zoning consistency as part of the local
858	government's statement on completeness of the application
859	submitted pursuant to s. 403.5066(1)(a). Incompleteness of
860	information necessary for a local government to evaluate an
861	application may be claimed by the local government as cause for
862	a statement of inconsistency with existing land use plans and
863	zoning ordinances. Notice of the consistency determination shall
864	be published in accordance with the requirements of s. 403.5115.
865	(3)  If the local government issues a determination that
866	the proposed electrical power plant is not consistent or in
867	compliance with local land use plans and zoning ordinances, the
868	applicant may apply to the local government for the necessary
869	local approval to address the inconsistencies in the local
870	government's determination. If the applicant makes such an
871	application to the local government, the time schedules under
872	this act shall be tolled until the local government issues its
873	revised determination on land use and zoning or the applicant
874	otherwise withdraws its application to the local government. If
875	the applicant applies to the local government for necessary
876	local land use or zoning approval, the local government shall
877	issue a revised determination within 30 days following the
878	conclusion of any that local proceeding held by the local
879	government to consider the application for land use or zoning
880	approval, and the time schedules and notice requirements under
881	this act shall apply to such revised determination.
882	(4)  If any substantially affected person wishes to dispute
883	the local government's determination, he or she shall file a
884	petition with the designated administrative law judge department
885	within 21 days after the publication of notice of the local
886	government's determination. If a hearing is requested, the
887	provisions of s. 403.508(1) shall apply.
888	Section 19.  Paragraph (a) of subsection (1) and paragraph
889	(a) of subsection (2) of section 403.508, Florida Statutes, are
890	amended to read:
891	403.508  Land use and certification hearings, parties,
892	participants.--
893	(1)(a)  Within 5 days after the filing of If a petition for
894	a hearing on land use has been filed pursuant to s. 403.50665,
895	the designated administrative law judge shall schedule conduct a
896	land use hearing to be conducted in the county of the proposed
897	site or directly associated facility, as applicable, as
898	expeditiously as possible, but not later than 30 days after the
899	department's receipt of the petition. The place of such hearing
900	shall be as close as possible to the proposed site or directly
901	associated facility. If a petition is filed, the hearing shall
902	be held regardless of the status of the completeness of the
903	application. However, incompleteness of information necessary
904	for a local government to evaluate an application may be claimed
905	by the local government as cause for a statement of
906	inconsistency with existing land use plans and zoning ordinances
907	under s. 403.50665.
908	(2)(a)  A certification hearing shall be held by the
909	designated administrative law judge no later than 265 days after
910	the application is filed with the department. The certification
911	hearing shall be held at a location in proximity to the proposed
912	site. At the conclusion of the certification hearing, the
913	designated administrative law judge shall, after consideration
914	of all evidence of record, submit to the board a recommended
915	order no later than 45 days after the filing of the hearing
916	transcript.
917	Section 20.  Subsection (5) of section 403.509, Florida
918	Statutes, is amended to read:
919	403.509  Final disposition of application.--
920	(5)  For certifications issued by the board in regard to
921	the properties and works of any agency which is a party to the
922	certification hearing, the board shall have the authority to
923	decide issues relating to the use, the connection thereto, or
924	the crossing thereof, for the electrical power plant and
925	directly associated facilities and to direct any such agency to
926	execute, within 30 days after the entry of certification, the
927	necessary license or easement for such use, connection, or
928	crossing, subject only to the conditions set forth in such
929	certification. For certifications issued by the department in
930	regard to the properties and works of any agency which is a
931	party to the proceeding, any stipulation filed pursuant to s.
932	403.508(6)(a) must include a stipulation regarding any issues
933	relating to the use, the connection thereto, or the crossing
934	thereof, for the electrical power plant and directly associated
935	facilities. Any agency stipulating to the use, connection to, or
936	crossing of its property must agree to execute, within 30 days
937	after the entry of certification, the necessary license or
938	easement for such use, connection, or crossing, subject only to
939	the conditions set forth in such certification.
940	Section 21.  Section 403.5113, Florida Statutes, is amended
941	to read:
942	403.5113  Postcertification amendments and review.--
943	(1)  POSTCERTIFICATION AMENDMENTS.--
944	(a)  If, subsequent to certification by the board, a
945	licensee proposes any material change to the application and
946	revisions or amendments thereto, as certified, the licensee
947	shall submit a written request for amendment and a description
948	of the proposed change to the application to the department.
949	Within 30 days after the receipt of the request for the
950	amendment, the department shall determine whether the proposed
951	change to the application requires a modification of the
952	conditions of certification.
953	(b)(2)  If the department concludes that the change would
954	not require a modification of the conditions of certification,
955	the department shall provide written notification of the
956	determination on approval of the proposed amendment to the
957	licensee, all agencies, and all other parties.
958	(c)(3)  If the department concludes that the change would
959	require a modification of the conditions of certification, the
960	department shall provide written notification to the licensee
961	that the proposed change to the application requires a request
962	for modification pursuant to s. 403.516.
963	(2)(4)  POSTCERTIFICATION REVIEW.--Postcertification
964	submittals filed by the licensee with one or more agencies are
965	for the purpose of monitoring for compliance with the issued
966	certification and must be reviewed by the agencies on an
967	expedited and priority basis because each facility certified
968	under this act is a critical infrastructure facility. In no
969	event shall a postcertification review be completed in more than
970	90 days after complete information is submitted to the reviewing
971	agencies.
972	Section 22.  Section 403.5115, Florida Statutes, is amended
973	to read:
974	403.5115  Public notice.--
975	(1)  The following notices are to be published by the
976	applicant for all applications:
977	(a)  Notice of the filing of a notice of intent under s.
978	403.5063, which shall be published within 21 days after the
979	filing of the notice. The notice shall be published as specified
980	by subsection (2), except that the newspaper notice shall be
981	one-fourth page in size in a standard size newspaper or one-half
982	page in size in a tabloid size newspaper.
983	(b)  Notice of filing of the application, which shall
984	include a description of the proceedings required by this act,
985	within 21 days after the date of the application filing. Such
986	notice shall give notice of the provisions of s. 403.511(1) and
987	(2).
988	(c)  If applicable, notice of the land use determination
989	made pursuant to s. 403.50665(1) within 21 days after the
990	determination is filed.
991	(d)  If applicable, notice of the land use hearing, which
992	shall be published as specified in subsection (2), no later than
993	15 days before the hearing.
994	(e)  Notice of the certification hearing and notice of the
995	deadline for filing notice of intent to be a party, which shall
996	be published as specified in subsection (2), at least 65 days
997	before the date set for the certification hearing.
998	(f)  Notice of the cancellation of the certification
999	hearing, if applicable, no later than 3 days before the date of
1000	the originally scheduled certification hearing.
1001	(g)  Notice of modification when required by the
1002	department, based on whether the requested modification of
1003	certification will significantly increase impacts to the
1004	environment or the public. Such notice shall be published as
1005	specified under subsection (2):
1006	1.  Within 21 days after receipt of a request for
1007	modification. The newspaper notice shall be of a size as
1008	directed by the department commensurate with the scope of the
1009	modification.
1010	2.  If a hearing is to be conducted in response to the
1011	request for modification, then notice shall be published no
1012	later than 30 days before the hearing.
1013	(h)  Notice of a supplemental application, which shall be
1014	published as specified in paragraph (b) and subsection (2).
1015	(i)  Notice of existing site certification pursuant to s.
1016	403.5175. Notices shall be published as specified in paragraph
1017	(b) and subsection (2).
1018	(2)  Notices provided by the applicant shall be published
1019	in newspapers of general circulation within the county or
1020	counties in which the proposed electrical power plant will be
1021	located. The newspaper notices shall be at least one-half page
1022	in size in a standard size newspaper or a full page in a tabloid
1023	size newspaper. These notices shall include a map generally
1024	depicting the project and all associated facilities corridors. A
1025	newspaper of general circulation shall be the newspaper which
1026	has the largest daily circulation in that county and has its
1027	principal office in that county. If the newspaper with the
1028	largest daily circulation has its principal office outside the
1029	county, the notices shall appear in both the newspaper having
1030	the largest circulation in that county and in a newspaper
1031	authorized to publish legal notices in that county.
1032	(3)  All notices published by the applicant shall be paid
1033	for by the applicant and shall be in addition to the application
1034	fee.
1035	(4)  The department shall arrange for publication of the
1036	following notices in the manner specified by chapter 120 and
1037	provide copies of those notices to any persons who have
1038	requested to be placed on the departmental mailing list for this
1039	purpose for each case for which an application has been received
1040	by the department:
1041	(a)  Notice of the filing of the notice of intent within 15
1042	days after receipt of the notice.
1043	(b)  Notice of the filing of the application, no later than
1044	21 days after the application filing.
1045	(c)  Notice of the land use determination made pursuant to
1046	s. 403.50665(1) within 21 days after the determination is filed.
1047	(d)  Notice of the land use hearing before the
1048	administrative law judge, if applicable, no later than 15 days
1049	before the hearing.
1050	(e)  Notice of the land use hearing before the board, if
1051	applicable.
1052	(f)  Notice of the certification hearing at least 45 days
1053	before the date set for the certification hearing.
1054	(g)  Notice of the cancellation of the certification
1055	hearing, if applicable, no later than 3 days prior to the date
1056	of the originally scheduled certification hearing.
1057	(h)  Notice of the hearing before the board, if applicable.
1058	(i)  Notice of stipulations, proposed agency action, or
1059	petitions for modification.
1060	(5)  A local government or regional planning council that
1061	proposes to conduct an informational public meeting pursuant to
1062	s. 403.50663 must publish notice of the meeting in a newspaper
1063	of general circulation within the county or counties in which
1064	the proposed electrical power plant will be located no later
1065	than 7 days prior to the meeting. A newspaper of general
1066	circulation shall be the newspaper which has the largest daily
1067	circulation in that county and has its principal office in that
1068	county. If the newspaper with the largest daily circulation has
1069	its principal office outside the county, the notices shall
1070	appear in both the newspaper having the largest circulation in
1071	that county and in a newspaper authorized to publish legal
1072	notices in that county.
1073	Section 23.  Subsection (1) of section 403.5252, Florida
1074	Statutes, is amended to read:
1075	403.5252  Determination of completeness.--
1076	(1)(a)  Within 30 days after the filing distribution of an
1077	application, the affected agencies shall file a statement with
1078	the department containing the recommendations of each agency
1079	concerning the completeness of the application for
1080	certification.
1081	(b)  Within 37 7 days after the filing receipt of the
1082	application completeness statements of each agency, the
1083	department shall file a statement with the Division of
1084	Administrative Hearings, with the applicant, and with all
1085	parties declaring its position with regard to the completeness
1086	of the application. The statement of the department shall be
1087	based upon its consultation with the affected agencies.
1088	Section 24.  Paragraph (a) of subsection (6) of section
1089	403.527, Florida Statutes, is amended to read:
1090	403.527  Certification hearing, parties, participants.--
1091	(6)(a)  No later than 29 25 days before the certification
1092	hearing, the department or the applicant may request that the
1093	administrative law judge cancel the certification hearing and
1094	relinquish jurisdiction to the department if all parties to the
1095	proceeding stipulate that there are no disputed issues of
1096	material fact or law to be raised at the certification hearing.
1097	Section 25.  Paragraph (e) of subsection (1) of section
1098	403.5271, Florida Statutes, is amended to read:
1099	403.5271  Alternate corridors.--
1100	(1)  No later than 45 days before the originally scheduled
1101	certification hearing, any party may propose alternate
1102	transmission line corridor routes for consideration under the
1103	provisions of this act.
1104	(e)1.  Reviewing agencies shall advise the department of
1105	any issues concerning completeness no later than 15 days after
1106	the submittal of the data required by paragraph (d). Within 22
1107	days after receipt of the data, the department shall issue a
1108	determination of completeness.
1109	2.  If the department determines that the data required by
1110	paragraph (d) is not complete, the party proposing the alternate
1111	corridor must file such additional data to correct the
1112	incompleteness. This additional data must be submitted within 14
1113	days after the determination by the department.
1114	3.  Reviewing agencies may advise the department of any
1115	issues concerning completeness of the additional data within 10
1116	days after the filing by the party proposing the alternate
1117	corridor. If the department, within 14 days after receiving the
1118	additional data, determines that the data remains incomplete,
1119	the incompleteness of the data is deemed a withdrawal of the
1120	proposed alternate corridor. The department may make its
1121	determination based on recommendations made by other affected
1122	agencies.
1123	Section 26.  Subsection (3) of section 403.5272, Florida
1124	Statutes, is amended to read:
1125	403.5272  Informational public meetings.--
1126	(3)  A local government or regional planning council that
1127	intends to conduct an informational public meeting must provide
1128	notice of the meeting, with notice sent to all parties listed in
1129	s. 403.527(2)(a), not less than 15 5 days before the meeting, to
1130	the general public, in accordance with the provisions of s.
1131	403.5363(4).
1132	Section 27.  Paragraph (b) of subsection (1) of section
1133	403.5317, Florida Statutes, is amended to read:
1134	403.5317  Postcertification activities.--
1135	(1)
1136	(b)  If the department concludes that the change would not
1137	require a modification of the conditions of certification, the
1138	department shall notify, in writing, the licensee, all agencies,
1139	and all parties of the determination on approval of the
1140	amendment.
1141	Section 28.  Paragraph (c) of subsection (3) of section
1142	403.5363, Florida Statutes, is amended, and subsection (4) is
1143	added to that section, to read:
1144	403.5363  Public notices; requirements.--
1145	(3)  The department shall arrange for the publication of
1146	the following notices in the manner specified by chapter 120:
1147	(c)  The notice of the cancellation of a certification
1148	hearing, if applicable. The notice must be published not later
1149	than 3 7 days before the date of the originally scheduled
1150	certification hearing.
1151	(4)  A local government or regional planning council that
1152	proposes to conduct an informational public meeting pursuant to
1153	s. 403.5272 must publish notice of the meeting in a newspaper of
1154	general circulation within the county or counties in which the
1155	proposed electrical transmission line will be located no later
1156	than 7 days prior to the meeting. A newspaper of general
1157	circulation shall be the newspaper which has the largest daily
1158	circulation in that county and has its principal office in that
1159	county. If the newspaper with the largest daily circulation has
1160	its principal office outside the county, the notices shall
1161	appear in both the newspaper having the largest circulation in
1162	that county and in a newspaper authorized to publish legal
1163	notices in that county.
1164	Section 29.  Section 489.145, Florida Statutes, is amended
1165	to read:
1166	489.145  Guaranteed energy performance savings
1167	contracting.--
1168	(1)  SHORT TITLE.--This section may be cited as the
1169	"Guaranteed Energy Performance Savings Contracting Act."
1170	(2)  LEGISLATIVE FINDINGS.--The Legislature finds that
1171	investment in energy conservation measures in agency facilities
1172	can reduce the amount of energy consumed and produce immediate
1173	and long-term savings. It is the policy of this state to
1174	encourage agencies to invest in energy conservation measures
1175	that reduce energy consumption, produce a cost savings for the
1176	agency, and improve the quality of indoor air in public
1177	facilities and to operate, maintain, and, when economically
1178	feasible, build or renovate existing agency facilities in such a
1179	manner as to minimize energy consumption and maximize energy
1180	savings. It is further the policy of this state to encourage
1181	agencies to reinvest any energy savings resulting from energy
1182	conservation measures in additional energy conservation efforts.
1183	(3)  DEFINITIONS.--As used in this section, the term:
1184	(a)  "Agency" means the state, a municipality, or a
1185	political subdivision.
1186	(b)  "Energy conservation measure" means a training
1187	program, facility alteration, or an equipment purchase to be
1188	used in new construction, including an addition to an existing
1189	facility, which reduces energy or energy-related operating costs
1190	and includes, but is not limited to:
1191	1.  Insulation of the facility structure and systems within
1192	the facility.
1193	2.  Storm windows and doors, caulking or weatherstripping,
1194	multiglazed windows and doors, heat-absorbing, or heat-
1195	reflective, glazed and coated window and door systems,
1196	additional glazing, reductions in glass area, and other window
1197	and door system modifications that reduce energy consumption.
1198	3.  Automatic energy control systems.
1199	4.  Heating, ventilating, or air-conditioning system
1200	modifications or replacements.
1201	5.  Replacement or modifications of lighting fixtures to
1202	increase the energy efficiency of the lighting system, which, at
1203	a minimum, must conform to the applicable state or local
1204	building code.
1205	6.  Energy recovery systems.
1206	7.  Cogeneration systems that produce steam or forms of
1207	energy such as heat, as well as electricity, for use primarily
1208	within a facility or complex of facilities.
1209	8.  Energy conservation measures that reduce Btu, kW, or
1210	kWh consumed or provide long-term operating cost reductions or
1211	significantly reduce Btu consumed.
1212	9.  Renewable energy systems, such as solar, biomass, or
1213	wind systems.
1214	10.  Devices that reduce water consumption or sewer
1215	charges.
1216	11.  Storage systems, such as fuel cells and thermal
1217	storage.
1218	12.  Generating technologies, such as microturbines.
1219	13.  Any other repair, replacement, or upgrade of existing
1220	equipment.
1221	(c)  "Energy cost savings" means a measured reduction in
1222	the cost of fuel, energy consumption, and stipulated operation
1223	and maintenance created from the implementation of one or more
1224	energy conservation measures when compared with an established
1225	baseline for the previous cost of fuel, energy consumption, and
1226	stipulated operation and maintenance.
1227	(d)  "Guaranteed energy performance savings contract" means
1228	a contract for the evaluation, recommendation, and
1229	implementation of energy conservation measures or energy-related
1230	operational saving measures, which, at a minimum, shall include:
1231	1.  The design and installation of equipment to implement
1232	one or more of such measures and, if applicable, operation and
1233	maintenance of such measures.
1234	2.  The amount of any actual annual savings that meet or
1235	exceed total annual contract payments made by the agency for the
1236	contract and may include allowable cost avoidance. As used in
1237	this section, allowable cost avoidance calculations include, but
1238	are not limited to, avoided provable budgeted costs contained in
1239	a capital replacement plan less the current undepreciated value
1240	of replaced equipment and the replacement cost of the new
1241	equipment.
1242	3.  The finance charges incurred by the agency over the
1243	life of the contract.
1244	(e)  "Guaranteed energy performance savings contractor"
1245	means a person or business that is licensed under chapter 471,
1246	chapter 481, or this chapter, and is experienced in the
1247	analysis, design, implementation, or installation of energy
1248	conservation measures through energy performance contracts.
1249	(4)  PROCEDURES.--
1250	(a)  An agency may enter into a guaranteed energy
1251	performance savings contract with a guaranteed energy
1252	performance savings contractor to significantly reduce energy
1253	consumption or energy-related operating costs of an agency
1254	facility through one or more energy conservation measures.
1255	(b)  Before design and installation of energy conservation
1256	measures, the agency must obtain from a guaranteed energy
1257	performance savings contractor a report that summarizes the
1258	costs associated with the energy conservation measures or
1259	energy-related operational cost saving measures and provides an
1260	estimate of the amount of the energy cost savings. The agency
1261	and the guaranteed energy performance savings contractor may
1262	enter into a separate agreement to pay for costs associated with
1263	the preparation and delivery of the report; however, payment to
1264	the contractor shall be contingent upon the report's projection
1265	of energy or operational cost savings being equal to or greater
1266	than the total projected costs of the design and installation of
1267	the report's energy conservation measures.
1268	(c)  The agency may enter into a guaranteed energy
1269	performance savings contract with a guaranteed energy
1270	performance savings contractor if the agency finds that the
1271	amount the agency would spend on the energy conservation or
1272	energy-related cost saving measures will not likely exceed the
1273	amount of the energy or energy-related cost savings for up to 20
1274	years from the date of installation, based on the life cycle
1275	cost calculations provided in s. 255.255, if the recommendations
1276	in the report were followed and if the qualified provider or
1277	providers give a written guarantee that the energy or energy-
1278	related cost savings will meet or exceed the costs of the
1279	system. However, actual computed cost savings must meet or
1280	exceed the estimated cost savings provided in program approval.
1281	Baseline adjustments used in calculations must be specified in
1282	the contract. The contract may provide for installment payments
1283	for a period not to exceed 20 years.
1284	(d)  A guaranteed energy performance savings contractor
1285	must be selected in compliance with s. 287.055; except that if
1286	fewer than three firms are qualified to perform the required
1287	services, the requirement for agency selection of three firms,
1288	as provided in s. 287.055(4)(b), and the bid requirements of s.
1289	287.057 do not apply.
1290	(e)  Before entering into a guaranteed energy performance
1291	savings contract, an agency must provide published notice of the
1292	meeting in which it proposes to award the contract, the names of
1293	the parties to the proposed contract, and the contract's
1294	purpose.
1295	(f)  A guaranteed energy performance savings contract may
1296	provide for financing, including tax exempt financing, by a
1297	third party. The contract for third party financing may be
1298	separate from the energy performance contract. A separate
1299	contract for third party financing pursuant to this paragraph
1300	must include a provision that the third party financier must not
1301	be granted rights or privileges that exceed the rights and
1302	privileges available to the guaranteed energy performance
1303	savings contractor.
1304	(g)  Financing for guaranteed energy performance savings
1305	contracts may be provided under the authority of s. 287.064.
1306	(h)  The Office of the Chief Financial Officer shall review
1307	proposals to ensure that the most effective financing is being
1308	used.
1309	(i)(g)  In determining the amount the agency will finance
1310	to acquire the energy conservation measures, the agency may
1311	reduce such amount by the application of any grant moneys,
1312	rebates, or capital funding available to the agency for the
1313	purpose of buying down the cost of the guaranteed energy
1314	performance savings contract. However, in calculating the life
1315	cycle cost as required in paragraph (c), the agency shall not
1316	apply any grants, rebates, or capital funding.
1317	(5)  CONTRACT PROVISIONS.--
1318	(a)  A guaranteed energy performance savings contract must
1319	include a written guarantee that may include, but is not limited
1320	to the form of, a letter of credit, insurance policy, or
1321	corporate guarantee by the guaranteed energy performance savings
1322	contractor that annual energy cost savings will meet or exceed
1323	the amortized cost of energy conservation measures.
1324	(b)  The guaranteed energy performance savings contract
1325	must provide that all payments, except obligations on
1326	termination of the contract before its expiration, may be made
1327	over time, but not to exceed 20 years from the date of complete
1328	installation and acceptance by the agency, and that the annual
1329	savings are guaranteed to the extent necessary to make annual
1330	payments to satisfy the guaranteed energy performance savings
1331	contract.
1332	(c)  The guaranteed energy performance savings contract
1333	must require that the guaranteed energy performance savings
1334	contractor to whom the contract is awarded provide a 100-percent
1335	public construction bond to the agency for its faithful
1336	performance, as required by s. 255.05.
1337	(d)  The guaranteed energy performance savings contract may
1338	contain a provision allocating to the parties to the contract
1339	any annual energy cost savings that exceed the amount of the
1340	energy cost savings guaranteed in the contract.
1341	(e)  The guaranteed energy performance savings contract
1342	shall require the guaranteed energy performance savings
1343	contractor to provide to the agency an annual reconciliation of
1344	the guaranteed energy or energy-related cost savings. If the
1345	reconciliation reveals a shortfall in annual energy or energy-
1346	related cost savings, the guaranteed energy performance savings
1347	contractor is liable for such shortfall. If the reconciliation
1348	reveals an excess in annual energy cost savings, the excess
1349	savings may be allocated under paragraph (d) but may not be used
1350	to cover potential energy cost savings shortages in subsequent
1351	contract years.
1352	(f)  The guaranteed energy performance savings contract
1353	must provide for payments of not less than one-twentieth of the
1354	price to be paid within 2 years from the date of the complete
1355	installation and acceptance by the agency using straight-line
1356	amortization for the term of the loan, and the remaining costs
1357	to be paid at least quarterly, not to exceed a 20-year term,
1358	based on life cycle cost calculations.
1359	(g)  The guaranteed energy performance savings contract may
1360	extend beyond the fiscal year in which it becomes effective;
1361	however, the term of any contract expires at the end of each
1362	fiscal year and may be automatically renewed annually for up to
1363	20 years, subject to the agency making sufficient annual
1364	appropriations based upon continued realized energy savings.
1365	(h)  The guaranteed energy performance savings contract
1366	must stipulate that it does not constitute a debt, liability, or
1367	obligation of the state.
1368	(6)  PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The
1369	Department of Management Services, with the assistance of the
1370	Office of the Chief Financial Officer, shall may, within
1371	available resources, provide technical content assistance to
1372	state agencies contracting for energy conservation measures and
1373	engage in other activities considered appropriate by the
1374	department for promoting and facilitating guaranteed energy
1375	performance contracting by state agencies. The Office of the
1376	Chief Financial Officer, with the assistance of the Department
1377	of Management Services, shall may, within available resources,
1378	develop model contractual and related documents for use by state
1379	agencies. Prior to entering into a guaranteed energy performance
1380	savings contract, any contract or lease for third-party
1381	financing, or any combination of such contracts, a state agency
1382	shall submit such proposed contract or lease to the Office of
1383	the Chief Financial Officer for review and approval. A proposed
1384	contract or lease shall include:
1385	(a)  Supporting information required by s. 216.023(4)(a)9.
1386	(b)  Documentation supporting recurring funds requirements
1387	in ss. 287.063(5) and 287.064(11).
1388	(c)  Approval by the agency head or his or her designee.
1389	(d)  An agency measurement and verification plan to monitor
1390	costs savings.
1391	(7)  FUNDING SUPPORT.--For purposes of consolidated
1392	financing of deferred payment commodity contracts under this
1393	section by a state agency, any such contract must be supported
1394	from available recurring funds appropriated to the agency in an
1395	appropriation category, other than the expense appropriation
1396	category as defined in chapter 216, that the Chief Financial
1397	Officer has determined is appropriate or that the Legislature
1398	has designated for payment of the obligation incurred under this
1399	section.
1400
1401	The Office of the Chief Financial Officer may not approve any
1402	contract submitted under this section that does not meet the
1403	requirements of this section.
1404	Section 30.  Section 570.956, Florida Statutes, is created
1405	to read:
1406	570.956  Farm-to-Fuel Advisory Council.--
1407	(1)  The Farm-to-Fuel Advisory Council is created within
1408	the department to provide advice and counsel to the commissioner
1409	concerning the production of renewable energy in this state. The
1410	advisory council shall consist of 15 members, 14 of whom shall
1411	be appointed by the commissioner and one of whom shall be
1412	appointed the Governor for 4-year terms or until a successor is
1413	duly qualified and appointed. Members shall include:
1414	(a)  One citizen-at-large member who shall represent the
1415	views of the public toward renewable energy.
1416	(b)  Six members each of whom is a producer or grower
1417	actively engaged in the agricultural area of one of the
1418	following industries:
1419	1.  Sugarcane.
1420	2.  Citrus.
1421	3.  Field crops.
1422	4.  Dairy.
1423	5.  Livestock or poultry.
1424	6.  Forestry.
1425	(c)  One member who represents the petroleum industry or
1426	who is actively engaged in the trade of petroleum products.
1427	(d)  One member who represents public utilities or the
1428	electric power industry.
1429	(e)  Two members who represent colleges and universities in
1430	this state and who are engaged in research involving alternative
1431	fuels or renewable energy.
1432	(f)  One member who represents the environmental community
1433	or an environmental organization.
1434	(g)  One member who represents the ethanol industry or who
1435	has expertise in the production of ethanol.
1436	(h)  One member who represents the biodiesel industry or
1437	who has expertise in the production of biodiesel.
1438	(i)  One member appointed by the Governor.
1439	(2)  The council is an advisory committee the operation of
1440	which is governed by s. 570.0705.
1441	Section 31.  Section 570.957, Florida Statutes, is created
1442	to read:
1443	570.957  Farm-to-Fuel Grants Program.--
1444	(1)  As used in this section, the term:
1445	(a)  "Bioenergy" means useful, renewable energy produced
1446	from organic matter through the conversion of the complex
1447	carbohydrates in organic matter to energy. Organic matter may
1448	either be used directly as a fuel, processed into liquids and
1449	gases, or be a residue of processing and conversion.
1450	(b)  "Department" means the Department of Agriculture and
1451	Consumer Services.
1452	(c)  "Person" means an individual, partnership, joint
1453	venture, private or public corporation, association, firm,
1454	public service company, or any other public or private entity.
1455	(d)  "Renewable energy" means electrical, mechanical, or
1456	thermal energy produced from a method that uses one or more of
1457	the following fuels or energy sources: hydrogen, biomass, solar
1458	energy, geothermal energy, wind energy, ocean energy, waste
1459	heat, or hydroelectric power.
1460	(2)  The Farm-to-Fuel Grants Program is established within
1461	the department to provide renewable energy matching grants for
1462	demonstration, commercialization, research, and development
1463	projects relating to bioenergy projects.
1464	(a)  Matching grants for bioenergy demonstration,
1465	commercialization, research, and development projects may be
1466	made to any of the following:
1467	1.  Municipalities and county governments.
1468	2.  Established for-profit companies licensed to do
1469	business in the state.
1470	3.  Universities and colleges in the state.
1471	4.  Utilities located and operating within the state.
1472	5.  Not-for-profit organizations.
1473	6.  Other qualified persons, as determined by the
1474	Department of Agriculture and Consumer Services.
1475	(b)  The department may adopt rules to provide for
1476	allocation of grant funds by project type, application
1477	requirements, ranking of applications, and awarding of grants
1478	under this program.
1479	(c)  Factors for consideration in awarding grants may
1480	include, but are not limited to, the degree to which:
1481	1.  The project produces bioenergy from Florida-grown crops
1482	or biomass.
1483	2.  The project demonstrates efficient use of energy and
1484	material resources.
1485	3.  Matching funds and in-kind contributions from an
1486	applicant are available.
1487	4.  The project has a reasonable assurance of enhancing the
1488	value of agricultural products or will expand agribusiness in
1489	the state.
1490	5.  Preliminary market and feasibility research has been
1491	conducted by the applicant or others and shows there is a
1492	reasonable assurance of a potential market.
1493	6.  The project stimulates in-state capital investment and
1494	economic development in metropolitan and rural areas, including
1495	the creation of jobs and the future development of a commercial
1496	market for bioenergy.
1497	7.  The project incorporates an innovative new technology
1498	or an innovative application of an existing technology.
1499	(d)  In evaluating and awarding grants under this section,
1500	the department shall consult with and solicit input from the
1501	Department of Environmental Protection.
1502	(e)  In determining the technical feasibility of grant
1503	applications, the department  shall coordinate and actively
1504	consult with persons having expertise in renewable energy
1505	technologies.
1506	(f)  In determining the economic feasibility of bioenergy
1507	grant applications, the department shall consult with the Office
1508	of Tourism, Trade, and Economic Development.
1509	Section 32.  Section 570.958, Florida Statutes, is created
1510	to read:
1511	570.958  Biofuel Retail Sales Incentive Program.--
1512	(1)  The purpose of this section is to encourage the retail
1513	sale of biofuels in this state and replace petroleum consumption
1514	in the state by the following percentages over the specified
1515	periods:
1516	(a)  Three percent from January 1, 2008, through December
1517	31, 2008.
1518	(b)  Five percent from January 1, 2009, through December
1519	31, 2009.
1520	(c)  Seven percent from January 1, 2010, through December
1521	31, 2010.
1522	(d)  Ten percent from January 1, 2011, through December 31,
1523	2011.
1524	(2)  As used in this section:
1525	(a)  "Biodiesel" means the mono-alkyl esters of long-chain
1526	fatty acids derived from plant or animal matter for use as a
1527	source of energy and meeting the specifications for biodiesel
1528	and biodiesel blended with petroleum products as adopted by the
1529	department.
1530	(b)  "Biofuel" means E85 fuel ethanol, E10 motor fuel,
1531	biodiesel, and diesel blended fuel.
1532	(c)  "Diesel blended fuel" means a fuel mixture containing
1533	10 percent or more biodiesel or renewable diesel fuel with the
1534	balance comprised of diesel fuel and meeting the specifications
1535	for diesel blends as adopted by the department.
1536	(d)  "E85 fuel ethanol" means ethanol blended with gasoline
1537	and formulated with a nominal percentage of 85 percent ethanol
1538	by volume and meeting the applicable fuel quality specifications
1539	as adopted by the department.
1540	(e)  "E10 motor fuel" means a motor fuel blend consisting
1541	of nominal percentages of 90 percent gasoline by volume and 10
1542	percent ethanol by volume and meeting the fuel quality
1543	specifications for gasoline as adopted by the department.
1544	(f)  "Ethanol or fuel ethanol" means an anhydrous denatured
1545	alcohol produced by the conversion of carbohydrates and meeting
1546	the specifications for fuel ethanol as adopted by the
1547	department.
1548	(g)  "Fuel dispenser" means a pump, meter, or similar
1549	device used to measure and deliver motor fuel or diesel fuel on
1550	a retail basis.
1551	(h)  "Renewable diesel fuel" means a fuel that meets the
1552	registration requirements for fuels and fuel additives
1553	established by the Environmental Protection Agency in the Clean
1554	Air Act; is not a mono-alkyl ester; is intended for use in
1555	engines that are designed to run on conventional, petroleum
1556	derived diesel fuel; is derived from nonpetroleum renewable
1557	resources, including, but not limited to, vegetable oils, animal
1558	wastes, including poultry fats and poultry wastes, and other
1559	waste materials, or municipal solid waste and sludges and oils
1560	derived from wastewater and the treatment of wastewater; and
1561	meets the specifications for diesel fuel as adopted by the
1562	department.
1563	(i)  "Retail dealer" means any person who is engaged in the
1564	business of selling fuel at retail at posted retail prices.
1565	(j)  "Retail motor fuel site" means a geographic location
1566	in this state where a retail dealer sells or offers for sale
1567	motor fuel, diesel fuel, or biofuel to the general public.
1568	(3)(a)  Subject to specific appropriation, a retail dealer
1569	who sells biofuel through fuel dispensers at retail motor fuel
1570	sites is entitled to an incentive payment that shall be computed
1571	as follows:
1572	1.  An incentive of 1 cent for each gallon of E10 motor
1573	fuel sold through a fuel dispenser.
1574	2.  An incentive of 5 cents for each gallon of E85 fuel
1575	ethanol sold through a fuel dispenser.
1576	3.  An incentive of 1 cent for each gallon of diesel
1577	blended fuel sold through a fuel dispenser.
1578	4.  An incentive of 3 cents for each gallon of biodiesel
1579	sold through a fuel dispenser.
1580	(b)  The incentive may be claimed for biofuel sold on or
1581	after January 1, 2008. Beginning in 2009, each applicant
1582	claiming an incentive under this section must first apply to the
1583	department by February 1 of each year for an allocation of the
1584	available incentive for the preceding calendar year. The
1585	department shall develop an application form. The application
1586	form shall, at a minimum, require a sworn affidavit from each
1587	retail dealer certifying the following information:
1588	1.  The name and principal address of the retail dealer.
1589	2.  The address of the retail dealer's retail motor fuel
1590	sites from which it sold biofuels during the preceding calendar
1591	year.
1592	3.  The total gallons of E10 ethanol sold through fuel
1593	dispensers.
1594	4.  The total gallons of E85 ethanol sold through fuel
1595	dispensers.
1596	5.  The total gallons of diesel blended fuel sold through
1597	fuel dispensers.
1598	6.  The total gallons of biodiesel sold through fuel
1599	dispensers.
1600	7.  Any other information deemed necessary by the
1601	department to adequately ensure that the incentive allowed under
1602	this section shall be made only to qualified Florida retail
1603	dealers.
1604	(c)  The department shall determine the amount of the
1605	incentive allowed under this section.
1606	(4)  If the amount of incentives applied for each year
1607	exceeds the amount appropriated, the department shall pay to
1608	each applicant a prorated amount based on each applicant's
1609	gallonage of qualified biofuel sold and dispensed that is
1610	eligible for the incentive under this section.
1611	(5)  The department may adopt rules pursuant to ss.
1612	120.536(1) and 120.54 to implement and administer this section,
1613	including rules prescribing forms, the documentation needed to
1614	substantiate a claim for the incentive, and the specific
1615	procedures and guidelines for claiming the incentive.
1616	Section 33.  Section 570.959, Florida Statutes, is created
1617	to read:
1618	570.959  Florida Biofuel Production Incentive Program.--
1619	(1)  The purpose of this section is to encourage the
1620	development and expansion of facilities that produce biofuels in
1621	this state from crops, agricultural waste and residues, and
1622	other biomass produced in Florida by providing economic
1623	incentives to do so.
1624	(2)  As used in this section, the term:
1625	(a)  "Biodiesel" means the mono-alkyl esters of long-chain
1626	fatty acids derived from plant or animal matter for use as a
1627	source of energy and meeting the specifications for biodiesel
1628	and biodiesel blended with petroleum products as adopted by the
1629	department.
1630	(b)  "Biofuel" means ethanol or biodiesel.
1631	(c)  "Ethanol" or "fuel ethanol" means an anhydrous
1632	denatured alcohol produced by the conversion of carbohydrates
1633	and meeting the specifications for fuel ethanol adopted by the
1634	department.
1635	(d)  "Florida biofuel production" means production of
1636	biofuel in the state from crops, agricultural waste and
1637	residues, and other biomass produced in Florida.
1638	(3)  In order to be eligible for the incentive provided in
1639	this section, a producer must have registered and have met the
1640	requirements contained in chapter 206.
1641	(4)  An incentive, subject to appropriation, shall be paid
1642	to a producer based on Florida biofuel production as follows:
1643	(a)  The incentive shall be 5 cents for each gallon of
1644	unblended Florida biofuel produced, exclusive of denaturant,
1645	during a given calendar year and sold to an unrelated blender of
1646	biofuel.
1647	(b)  The incentive may be earned for production on or after
1648	January 1, 2008. Beginning in 2009, each producer claiming an
1649	incentive under this section must first apply to the department
1650	by February 1 of each year for an allocation of available
1651	incentives. The department shall develop an application form
1652	that shall, at a minimum, require a sworn affidavit from each
1653	producer certifying the production that forms the basis of the
1654	application and certifying that all information contained in the
1655	application is true and correct.
1656	(c)  The department shall determine whether or not such
1657	production is eligible for the incentive under this section.
1658	(d)  If the amount of incentives applied for each year
1659	exceeds the amount appropriated, the department shall pay to
1660	each applicant a prorated amount based on the percentage of
1661	biofuel produced that is eligible for the incentive under this
1662	section.
1663	(5)  The department may adopt rules pursuant to ss.
1664	120.536(1) and 120.54 to implement and administer this section,
1665	including rules prescribing forms, the documentation needed to
1666	substantiate a claim for the incentive, and the specific
1667	procedures and guidelines for claiming the incentive.
1668	Section 34.  (1)  The Florida Building Commission shall
1669	convene a workgroup comprised of representatives from the
1670	Florida Energy Commission, the Department of Community Affairs,
1671	the Building Officials Association of Florida, the Florida
1672	Energy Office, the Florida Home Builders Association, the
1673	Association of Counties, the League of Cities, and other
1674	stakeholders to develop a model residential energy efficiency
1675	ordinance that provides incentives to meet energy efficiency
1676	standards. The commission must report back to the Legislature
1677	with a developed ordinance by March 1, 2008.
1678	(2)  The Florida Building Commission shall, in consultation
1679	with the Florida Energy Commission, the Building Officials
1680	Association of Florida, the Florida Energy Office, the Florida
1681	Home Builders Association, the Association of Counties, the
1682	League of Cities, and other stakeholders, review the Florida
1683	Energy Code for Building Construction. Specifically, the
1684	commission shall revisit the analysis of cost-effectiveness that
1685	serves as the basis for energy efficiency levels for residential
1686	buildings, identify cost-effective means to improve energy
1687	efficiency in commercial buildings, and compare the code to the
1688	International Energy Conservation Code and the American Society
1689	of Heating Air-Conditioning and Refrigeration Engineers
1690	Standards 90.1 and 90.2. The commission shall provide a report
1691	with a standard to the Legislature by March 1, 2008, that may be
1692	adopted for the construction of all new residential, commercial,
1693	and government buildings.
1694	(3)  The Florida Building Commission, in consultation with
1695	the Florida Solar Energy Center, the Florida Energy Commission,
1696	the Florida Energy Office, the United States Department of
1697	Energy, and the Florida Home Builders Association, shall develop
1698	and implement a public awareness campaign that promotes energy
1699	efficiency and the benefits of building green by January 1,
1700	2008. The campaign shall include enhancement of an existing web
1701	site from which all citizens can obtain information pertaining
1702	to green building practices, calculate anticipated savings from
1703	use of those options, as well as learn about energy efficiency
1704	strategies that may be used in their existing home or when
1705	building a home. The campaign shall focus on the benefits of
1706	promoting energy efficiency to the purchasers of new homes, the
1707	various green building ratings available, and the promotion of
1708	various energy-efficient products through existing trade shows.
1709	The campaign shall also include strategies for utilizing print
1710	advertising, press releases, and television advertising to
1711	promote voluntary utilization of green building practices.
1712	Section 35.  (1)  The Legislature declares that there is an
1713	important state interest in promoting the construction of
1714	energy-efficient and sustainable buildings. Government
1715	leadership in promoting these standards is vital to demonstrate
1716	the state's commitment to energy conservation, saving taxpayers
1717	money, and raising public awareness of energy-rating systems.
1718	(2)  All county, municipal, and public community college
1719	buildings shall be constructed to meet the United States Green
1720	Building Council (USGBC) Leadership in Energy and Environmental
1721	Design (LEED) rating system, Green Building Initiative's Green
1722	Globes rating system, or a nationally recognized, high-
1723	performance green building rating system as approved by the
1724	Department of Management Services. This section shall apply to
1725	all county, municipal, and public community college buildings
1726	whose architectural plans are started after July 1, 2008.
1727	Section 36.  The tax levied under chapter 212, Florida
1728	Statutes, may not be collected on the first $1,500 of the
1729	selling price of a new energy-efficient product during the
1730	period from 12:01 a.m., October 1, 2007, through midnight,
1731	October 14, 2007. Such period shall be designated as the
1732	"Energy-Efficient Products Sales Tax Holiday." As used in this
1733	section, the term "energy-efficient product" means a dishwasher,
1734	clothes washer, air conditioner, ceiling fan, ventilating fan,
1735	compact fluorescent light bulb, dehumidifier, programmable
1736	thermostat, or refrigerator that has been designated by the
1737	United States Environmental Protection Agency or by the United
1738	States Department of Energy as meeting or exceeding the
1739	requirements under the Energy Star Program of either agency. The
1740	Department of Revenue may adopt rules under ss. 120.536(1) and
1741	120.54, Florida Statutes, to administer this section.
1742	Section 37.  State fleet biodiesel usage.--
1743	(1)  By July 1, 2008, a minimum of 5 percent, by January 1,
1744	2009, a minimum of 10 percent, and by January 1, 2010, a minimum
1745	of 20 percent of total diesel fuel purchases for use by state-
1746	owned diesel vehicles and equipment shall be biodiesel fuel
1747	(B20), subject to availability.
1748	(2)  By July 1, 2008, a minimum of 5 percent, by January 1,
1749	2009, a minimum of 10 percent, and by January 1, 2010, a minimum
1750	of 20 percent of total fuel purchases for use by state-owned
1751	flex-fuel vehicles shall be ethanol, subject to availability.
1752	(3)  The Department of Management Services shall provide
1753	for the proper administration, implementation, and enforcement
1754	of this section.
1755	(4)  The Department of Management Services shall report to
1756	the Legislature on or before March 1, 2008, and annually
1757	thereafter, the extent of biodiesel and ethanol use in the state
1758	fleet. The report shall contain the number of gallons purchased
1759	since July 1, 2007, the average price of biodiesel and ethanol,
1760	and a description of fleet performance.
1761	Section 38.  School district biodiesel usage.--
1762	(1)  By January 1, 2008, a minimum of 20 percent of total
1763	diesel fuel purchases for use by school districts shall be
1764	biodiesel fuel (B20), subject to availability.
1765	(2)  If a school district contracts with another government
1766	entity or private entity to provide transportation services for
1767	any of its pupils, the biodiesel blend fuel requirement
1768	established pursuant to subsection (1) shall be part of that
1769	contract. However, this requirement shall apply only to
1770	contracts entered into on or after July 1, 2007.
1771	Section 39.  (1)  The Legislature recognizes the need for
1772	expanded collaboration between the public and private sectors
1773	and increased public-private joint ventures in the areas of
1774	energy research, alternative fuel production, space exploration,
1775	and technological advances in the energy and aerospace
1776	industries.
1777	(2)  Subject to appropriation, there is created within the
1778	Executive Office of the Governor the Florida Energy, Aerospace,
1779	and Technology (F.E.A.T.) Fund, a program to encourage a state
1780	partnership with the Federal Government, Space Florida,
1781	Enterprise Florida, Inc., and the private sector, to identify
1782	business and investment opportunities, and to target performance
1783	goals for those investments in the areas of alternative energy
1784	development and production infrastructure; biofuel, wind power,
1785	and solar energy technology development and applications;
1786	ethanol production and systems for conversion and use of ethanol
1787	fuels; cryogenics and hydrogen-based technology applications,
1788	storage, and conversion systems; hybrid engine power systems
1789	conversion technologies and production facilities; aerospace
1790	industry expansion or development opportunities; aerospace
1791	facility modifications and upgrades; build outs; new spaceport,
1792	range, and ground support infrastructure; new aerospace
1793	facilities and laboratories; new simulation, communications, and
1794	command and control systems; and other aerospace manufacturing
1795	and maintenance support infrastructure.
1796	(3)  The Executive Office of the Governor is authorized to
1797	competitively procure the services of a private business entity
1798	for the purposes of identifying, evaluating, and executing
1799	investment instruments in appropriate energy and aerospace
1800	opportunities and will be responsible for conduct of investment
1801	due diligence, execution, and monitoring of investment
1802	instruments on behalf of the F.E.A.T. Fund, either in direct
1803	investment or through participation in investment partnerships
1804	established for the purposes of advancing the objectives of the
1805	fund.
1806	(4)  The entity selected to represent the F.E.A.T. Fund
1807	shall have investment discretion in any investment or
1808	partnership that it enters into on behalf of the F.E.A.T. Fund,
1809	subject to the limit of the funds made available to it for
1810	investment purposes, and shall not represent or commit the full
1811	faith and credit of the state.
1812	(5)  A complete and detailed report shall be provided to
1813	the Governor, the President of the Senate, and the Speaker of
1814	the House of Representatives by March 1, 2008, setting forth all
1815	of the following:
1816	(a)  An accounting of all state funds committed and
1817	invested by the fund.
1818	(b)  A qualitative and quantitative assessment of each fund
1819	investment against the investment performance goals established
1820	for investment, as well as an assessment of overall fund
1821	performance against investment objectives established for the
1822	fund.
1823	(c)  An evaluation of all activities of the fund and
1824	recommendations for change.
1825	(6)  Funds appropriated for the purposes of the F.E.A.T.
1826	Fund shall be deposited in the Grants and Donations Trust Fund
1827	in the Executive Office of the Governor.
1828	Section 40.  Research and demonstration cellulosic ethanol
1829	plant.--
1830	(1)  There shall be constructed a multifaceted research and
1831	demonstration cellulosic ethanol plant designed to conduct
1832	research and to demonstrate and advance the commercialization of
1833	cellulose-to-ethanol technology, including technology licensed
1834	from the University of Florida, and to facilitate further
1835	research and testing of multiple cellulosic feedstocks in the
1836	state.
1837	(2)  The University of Florida shall act as the owner and
1838	proprietor of the facility, which shall include a permanent
1839	research and development laboratory operated as a satellite
1840	facility of the Institute of Food and Agricultural Sciences at
1841	the University of Florida. This facility shall be used to
1842	convert the initially treated material to the final ethanol
1843	product.
1844	(3)  The facility shall be located near an industrial site
1845	with infrastructure already developed to avoid or reduce
1846	significant capital costs for waste treatment and roads, shall
1847	be served by a range of suppliers and transportation companies,
1848	and shall be in good proximity to gasoline and ethanol blending
1849	facilities on either coast of the state. The industrial site
1850	shall have the capacity to provide steam and electric power,
1851	waste treatment, and a steady stream of feedstocks, including,
1852	but not limited to, bagasse, woody biomass, and cane field
1853	residues, to allow a commercial scale plant to operate year
1854	around.
1855	(4)  The facility shall be located near preexisting onsite
1856	technical support staff and other resources for electrical,
1857	mechanical, and instrumentation services. In addition, the
1858	facility shall have access to preexisting onsite laboratory
1859	facilities and scientific personnel and shall include the
1860	critical aspects of connecting to existing facilities and
1861	meeting construction codes and permit requirements.
1862	(5)  There shall be a scientific and technical advisory
1863	panel to advise on the technology to be applied.
1864	(6)  Subject to the rights of any third parties arising
1865	under any licenses granted by the university or its affiliates
1866	prior to the effective date of this act, ownership of all
1867	patents, copyrights, trademarks, licenses, and rights or
1868	interests shall vest in the university on behalf of the state.
1869	The university, pursuant to s. 1004.23, Florida Statutes, shall
1870	have the right to use and the right to retain derived revenues
1871	subject to the continuing approval of the Legislature.
1872	(7)  The Senior Vice President for the Institute of Food
1873	and Agricultural Sciences at the University of Florida shall
1874	ensure that applicable, nonproprietary research results and
1875	technologies from the plant authorized under this initiative are
1876	adapted, made available, and disseminated through its respective
1877	services, as appropriate.
1878	(8)  Within 2 years after enactment of this act, the Senior
1879	Vice President for the Institute of Food and Agricultural
1880	Sciences at the University of Florida shall submit to the
1881	President of the Senate and the Speaker of the House of
1882	Representatives a report on the activities conducted under this
1883	section.
1884	Section 41.  (1)  The Florida Energy Commission shall
1885	conduct a study in conjunction with the Florida Public Service
1886	Commission and the Department of Agriculture and Consumer
1887	Services to recommend an appropriate renewable portfolio
1888	standard for the state.
1889	(2)  The study shall include current and future
1890	availability of renewable fuels, incentives to attract large
1891	scale renewable energy development, proposed changes to current
1892	regulatory and market practices to encourage renewable energy
1893	development, the impact on utility costs and rates,
1894	environmental benefits of a renewable portfolio standard, and
1895	economic development associated with renewable energy in the
1896	state.
1897	(3)  The Florida Energy Commission shall hold public
1898	hearings on these and other related issues and submit a report
1899	containing specific recommendations to the President of the
1900	Senate and the Speaker of the House of Representatives by
1901	January 1, 2008.
1902	Section 42.  (1)  The Florida Energy Commission shall
1903	conduct a study in conjunction with the Florida Energy Office,
1904	the Department of Agriculture and Consumer Services, and the
1905	Public Service Commission to recommend the establishment of an
1906	energy efficiency and solar energy initiative.
1907	(2)  The study shall include recommendations for the
1908	administration, design, implementation, and ongoing measurement
1909	and evaluation of programs that promote energy efficiency and
1910	conservation activities and market transformation efforts for
1911	solar energy technologies through a public benefits fund. The
1912	study shall include incentives for investment in energy
1913	efficiency and customer-sited solar energy systems, suggest
1914	changes to current regulatory and market practice to encourage
1915	solar energy and energy efficiency investment in residential and
1916	commercial applications, including standards for net metering
1917	and interconnection.
1918	(3)  The Florida Energy Commission will hold public
1919	hearings on these issues and submit a report containing specific
1920	recommendations to the President of the Senate and the Speaker
1921	of the House of Representatives by January 1, 2008.
1922	Section 43.  The Florida Public Service Commission shall
1923	submit to the President of the Senate and the Speaker of the
1924	House of Representatives by February 28, 2008, a report that
1925	provides a detailed description of the methods used to evaluate
1926	the conservation goals, plans, and programs of utilities subject
1927	to the Florida Energy Efficiency and Conservation Act. The
1928	commission shall compare methods and policies employed in other
1929	states that could be implemented to ensure that utilities in
1930	this state acquire all energy efficiency resources that cost
1931	less than new electric power generation. As used in the section,
1932	the term "energy efficiency resources" means a reduction in
1933	kilowatt hours used by the existing and emerging fleet of
1934	buildings and equipment in this state that is achieved by
1935	providing incentives to producers, distributors, sellers, or
1936	consumers that promote the development of and investment in
1937	energy-efficient technologies.
1938	Section 44.  (1)  The Department of Agriculture and
1939	Consumer Services shall conduct a study in conjunction with the
1940	Department of Environmental Protection and Enterprise Florida,
1941	Inc., to recommend an appropriate Florida Loan Guarantee Program
1942	for cellulosic ethanol facilities developed in the state.
1943	(2)  The Department of Agriculture and Consumer Services
1944	shall submit a report containing specific recommendations to the
1945	President of the Senate and the Speaker of the House of
1946	Representatives no later than January 1, 2008.
1947	Section 45.  The Department of Community Affairs shall
1948	convene a workgroup comprised of representatives of the Florida
1949	Building Commission, the Florida Energy Commission, the Florida
1950	Energy Office, consumers, and affected industries to identify
1951	and review new or updated energy conservation standards for
1952	products that consume electricity, including, but not limited
1953	to, residential pool pumps, pool heaters, spas, and commercial
1954	and residential appliances. The workgroup shall identify
1955	efficiency improvements that could be anticipated by
1956	implementation of new standards and the anticipated costs of
1957	implementing and enforcing the standards and shall further
1958	consider methods and processes for the regular review of new
1959	standards and implementation, if warranted. No later than March
1960	1, 2008, the department shall report to the President of the
1961	Senate and Speaker of the House of Representatives on findings
1962	of the workgroup together with any recommended statutory changes
1963	required to implement those findings.
1964	Section 46.  Section 1013.441, Florida Statutes, is
1965	created to read:
1966	1013.441  Green Schools Pilot Project.--
1967	(1)  The Legislature finds that it is cost-effective and
1968	healthy for the public and the environment to build schools that
1969	maximize low-water usage and incorporate energy efficiencies,
1970	renewable energy, and recycling technologies into the
1971	construction of schools. Therefore, the Green Schools Pilot
1972	Project is established for selected school districts for the
1973	purpose of incorporating the Leadership in Energy and
1974	Environmental Design (LEED) silver-level or the Green Globes
1975	two-globe rating or better building-certification standards into
1976	every new educational building construction project and, when
1977	feasible, every educational building renovation project.
1978	(2)  LEED building certification standards are defined by
1979	the United States Green Building Council and the Green Globes
1980	certification standards are defined by the Green Building
1981	Initiative. Both standards address the total effect that new
1982	buildings have on the environment so as to maximize energy
1983	efficiency and to minimize adverse effects on the environment.
1984	(3)  For purposes of this section, the term "additional
1985	costs" means the expenditures that are necessary to build a
1986	complete school to LEED silver-level or Green Globes two-globe
1987	or better building-certification standards but that exceed the
1988	expenditures necessary to build a complete school in compliance
1989	with this chapter. Such additional costs may include, but are
1990	not limited to, registration and certification fees charged for
1991	certification of the school to LEED silver-level or Green Globes
1992	two-globe or better building-certification standards.
1993	(4)(a)  The Department of Education, in consultation with
1994	the Florida Energy Office, shall develop by August 1, 2007, an
1995	application process for school districts to participate in the
1996	pilot project. Three school districts shall be selected by the
1997	State Board of Education by January 1, 2008, to participate in
1998	the pilot project. One school district shall be in a county
1999	having a population of 1 million or more residents; one school
2000	district shall be in a county having a population of 250,000 to
2001	999,999 residents; and one school district shall be in a county
2002	having a population of fewer than 250,000 residents. School
2003	districts selected to participate in the pilot project shall, to
2004	the greatest extent possible, represent geographically different
2005	regions of the state.
2006	(b)  At a minimum, each school district selected by the
2007	State Board of Education to participate in the pilot project
2008	must:
2009	1.  Demonstrate that it implements sound financial
2010	management practices by producing documentation that indicates
2011	that the school district for the preceding 3 years has had no
2012	material weaknesses or instances of material noncompliance noted
2013	in its annual audits required under s. 218.39.
2014	2.  Engage a design team that has demonstrated knowledge
2015	and experience in high-performance green building construction.
2016	3.  Commit to building at least one complete school to LEED
2017	silver-level or Green Globes two-globe or better building-
2018	certification standards. A school built to such building-
2019	certification standards shall be designated as a "Green School."
2020	(c)  When selecting school districts to participate in the
2021	pilot project, evaluation criteria implemented by the State
2022	Board of Education may include, but need not be limited to,
2023	school districts that demonstrate a high percentage of
2024	environmentally inefficient schools or school districts that
2025	propose innovative methods for improving water savings, energy
2026	efficiency, or indoor environmental quality.
2027	(5)(a)  From funds appropriated for the Green Schools Pilot
2028	Program, the department shall distribute to each participating
2029	school district an amount sufficient to fund the additional
2030	costs required to build one complete school to LEED silver-level
2031	or Green Globes two-globe or better building-certification
2032	standards.
2033	1.  If appropriated funds are insufficient to fund the
2034	total of additional costs required to build three complete
2035	schools to LEED silver-level or Green Globes two-globe or better
2036	building-certification standards, the department shall prorate
2037	funds available and make distributions based on the ratio of
2038	each school's additional costs relative to the total of
2039	additional costs for the three schools.
2040	2.  If appropriated funds remain after the distribution,
2041	such funds may be distributed by the department to one or more
2042	of the participating school districts to fund the additional
2043	costs required to build other new schools or to renovate
2044	existing schools to LEED silver-level or Green Globes two-globe
2045	or better building-certification standards.
2046	(b)  Participating school districts must annually report to
2047	the department the expenditure of funds received under paragraph
2048	(a). The reports must be open to inspection and examination by
2049	the Auditor General. A participating school district must return
2050	to the department:
2051	1.  Any funds found by the Auditor General to have been
2052	improperly expended.
2053	2.  Funds received under paragraph (a) for the construction
2054	or renovation of a school if LEED silver-level or Green Globes
2055	two-globe certification or better is not obtained for the school
2056	within 1 year after its completion.
2057	(c)  Notwithstanding s. 216.301 and pursuant to s. 216.351,
2058	undisbursed balances of appropriations for the Green Schools
2059	Pilot Program do not revert to the General Revenue Fund but
2060	shall be retained by the department to be used for purposes of
2061	this section.
2062	(6)  Each participating school district shall deliver to
2063	the Governor, the President of the Senate, the Speaker of the
2064	House of Representatives, and the Commissioner of Education a
2065	report on the effects Green Schools have had on student
2066	performance and health, operational costs, energy consumption,
2067	and the environment in the district. This report shall be
2068	submitted by July 1 of the year after a Green School has been in
2069	full operation for 3 years.
2070	Section 47.  For the 2007-2008 fiscal year, the sum of $3.5
2071	million in nonrecurring funds is appropriated from the Public
2072	Education Capital Outlay and Debt Service Trust Fund to the
2073	Department of Education for the purpose of funding the
2074	additional costs required for the new construction of three
2075	complete schools to LEED silver-level or Green Globes two-globe
2076	or better building-certification standards under the Green
2077	Schools Pilot Project.
2078	Section 48.  For the 2007-2008 fiscal year, the sum of
2079	$65,763 in nonrecurring funds is appropriated from the General
2080	Revenue Fund to the Department of Revenue for the purpose of
2081	administering the Energy-Efficient Products Sales Tax Holiday.
2082	Section 49.  For the 2007-2008 fiscal year, the sum of $20
2083	million in nonrecurring funds is appropriated from the General
2084	Revenue Fund to the University of Florida, Institute of Food and
2085	Agricultural Sciences, for the purpose of establishing a
2086	research and demonstration cellulosic ethanol plant.
2087	Section 50.  For the 2007-2008 fiscal year, the sum of $10
2088	million in nonrecurring funds is appropriated from the General
2089	Revenue Fund to the Department of Environmental Protection for
2090	the purpose of funding the Renewable Energy Technologies Grants
2091	Program authorized in s. 377.804, Florida Statutes.
2092	Section 51.  For the 2007-2008 fiscal year, the sum of $2.5
2093	million in nonrecurring funds is appropriated from the General
2094	Revenue Fund to the Department of Environmental Protection for
2095	the purpose of funding the Solar Energy System Incentives
2096	Program authorized in s. 377.806, Florida Statutes.
2097	Section 52.  For the 2007-2008 fiscal year, the sum of $40
2098	million in nonrecurring funds is appropriated from the General
2099	Revenue Fund to the Department of Agriculture and Consumer
2100	Services for the purpose of funding the Farm-to-Fuel Grants
2101	Program authorized in s. 570.957, Florida Statutes.
2102	Section 53.  For the 2007-2008 fiscal year, the sum of
2103	$100,000 in nonrecurring funds is appropriated from the General
2104	Revenue Fund to the Department of Community Affairs for the
2105	purposes of convening a workgroup to develop a model residential
2106	energy efficiency ordinance and to review the cost-effectiveness
2107	of energy efficiency measures in the construction of certain
2108	buildings.
2109	Section 54.  For the 2007-2008 fiscal year, the sum of
2110	$334,237 in nonrecurring funds is appropriated from the General
2111	Revenue Fund to the Department of Community Affairs for the
2112	purposes of developing and implementing a public awareness
2113	campaign that promotes energy efficiency and the benefits of
2114	building green.
2115	Section 55.  For the 2007-2008 fiscal year, the sum of
2116	$120,000 from the General Revenue Fund is appropriated and one
2117	full-time equivalent position is authorized to the Department of
2118	Management Services for the purposes of implementing the
2119	provisions of s. 255.252, Florida Statutes, as amended by this
2120	act.
2121	Section 56.  For the 2007-2008 fiscal year, the sum of
2122	$68,000 from the General Revenue Fund is appropriated and one
2123	full-time equivalent position is authorized to the Department of
2124	Financial Services for the purposes of implementing the
2125	provisions of s. 489.145, Florida Statutes, as amended by this
2126	act.
2127	Section 57.  This act shall take effect July 1, 2007.

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