Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 1544

836670

CHAMBER ACTION

Senate

Comm: FAV

3/13/2008

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House



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The Committee on Environmental Preservation and Conservation

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(Dockery) recommended the following amendment to amendment

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(866008):

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     Senate Amendment (with title amendment)

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     Between line(s) 417 and 418

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insert:

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     Section 6.  Paragraphs (f) and (g) are added to subsection

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(2) and paragraphs (j) and (k) are added to subsection (3) of

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section 220.193, Florida Statutes, to read:

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     220.193  Florida renewable energy production credit.--

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     (2)  As used in this section, the term:

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     (f) "Sale" or "sold" means the use of electricity by the

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producer of such electricity which decreases the amount of

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electricity that the producer would otherwise have to purchase.

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     (g) "Taxpayer" includes a general partnership, limited

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partnership, limited liability company, trust, or other

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artificial entity in which a corporation, as defined in s.

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220.03(1)(e), owns an interest and is taxed as a partnership or

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is disregarded as a separate entity from the corporation under

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chapter 220.

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     (3)  An annual credit against the tax imposed by this

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section shall be allowed to a taxpayer, based on the taxpayer's

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production and sale of electricity from a new or expanded

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Florida renewable energy facility. For a new facility, the

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credit shall be based on the taxpayer's sale of the facility's

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entire electrical production. For an expanded facility, the

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credit shall be based on the increases in the facility's

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electrical production that are achieved after May 1, 2006.

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     (j) A credit authorized by this section shall be

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attributed to a corporation according to its proportional

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ownership interest in a taxpayer. In addition to the authority

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granted to the department in subsection (4), the department may

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adopt rules and forms to implement this subsection, including

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specific procedures and guidelines for notifying the department

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that a credit is attributed to a corporation and for a

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corporation to claim such credit.

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     (k) A taxpayer's use of the credit granted pursuant to

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this section does not reduce the amount of any credit available

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to such taxpayer under s. 220.186.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 2004, after the semicolon,

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insert:

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amending s. 220.193, F.S.; defining the term "sale" or

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sold"; defining the term "taxpayer"; authorizing the

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Department of Revenue to adopt rules and forms; providing

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that the use of the renewable energy production credit

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does not reduce the alternative minimum tax credit;

3/12/2008  4:49:00 PM     592-04901-08

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