Florida Senate - 2008 (Reformatted) SB 412
By Senator Bennett
21-00347A-08 2008412__
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A bill to be entitled
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An act relating to energy; amending s. 196.175, F.S.;
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revising provisions of the property tax exemption provided
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for renewable energy sources; excluding the assessed value
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of certain real property for determination of such
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exemption; amending s. 212.08, F.S.; redefining the term
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"ethanol" for purposes of a sales tax exemption;
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specifying eligible items as limited to one refund;
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requiring a purchaser who receives a refund to notify a
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subsequent purchaser of such refund; requiring the Florida
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Alternative Energy Center rather than the Department of
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Environmental Protection to certify eligibility for the
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sales tax exemption for equipment, technology, and other
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materials for renewable energy; amending s. 213.053, F.S.;
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providing for the Department of Revenue to provide
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information to the Florida Alternative Energy Center
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rather than the Department of Environmental Protection for
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purposes of administering the sales tax exemption and the
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corporate income tax credit; amending s. 220.192, F.S.,
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relating to the renewable energy technologies investment
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tax credit; providing a definition; providing for the
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transferability of such tax credit; providing requirements
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and procedures therefor; providing rulemaking requirements
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and authority; amending s. 220.193, F.S.; providing a
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definition; providing that a taxpayer's use of certain
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credits does not prohibit the use of other authorized
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credits; amending s. 255.251, F.S.; revising a short
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title; amending s. 255.252, F.S.; revising criteria for
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energy conservation and sustainability for state-owned
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buildings; requiring buildings constructed and financed by
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the state to meet certain environmental standards approved
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by the Department of Management Services; requiring state
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agencies to identify state-owned buildings that are
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suitable for guaranteed energy performance savings
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contracts; providing requirements and procedures therefor;
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requiring the Department of Management Services to
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evaluate identified facilities and develop an energy
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efficiency project schedule; providing criteria for such
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schedule; amending s. 255.253, F.S.; providing
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definitions; amending s. 255.254, F.S.; requiring certain
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state-owned buildings to meet sustainable building
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ratings; amending s. 255.255, F.S.; requiring the
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department to adopt rules and procedures for energy
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conservation performance guidelines based on sustainable
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building ratings; amending s. 287.063, F.S.; prohibiting
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the term of payment for consolidated equipment finance
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contracts from extending beyond the anticipated useful
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life of the equipment financed; deleting the requirement
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that the Chief Financial Officer establish criteria that
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prohibits a state agency from obligating an annualized
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amount of payments for certain deferred payment purchases;
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amending s. 287.064, F.S.; extending the period of time
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allowed for the repayment of funds for certain purchases
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relating to energy conservation measures; requiring
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guaranteed energy performance savings contractors to
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provide for the replacement or the extension of the useful
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life of the equipment during the term of a contract;
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amending s. 366.04, F.S.; authorizing the Public Service
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Commission to review and approve an asset transfer or a
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merger or combination between a public utility and another
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entity; authorizing the commission to adopt rules;
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creating s. 366.915, F.S.; creating the Florida Advanced
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Energy Portfolio Standard Act; providing legislative
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findings; providing definitions; requiring public
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utilities to sell a minimum amount of renewable energy;
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authorizing the Public Service Commission to adopt rules;
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amending s. 366.91, F.S.; redefining the term "renewable
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energy"; creating s. 366.925, F.S.; providing a short
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title; directing the Public Service Commission to develop
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rules requiring all public utilities to develop net-
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metering programs; providing for a customer to receive
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credit for electricity generated by renewable energy
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systems owned by the customer; directing the commission to
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adopt rules setting the standards that renewable energy
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systems must meet in order for customers to qualify for
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the program; requiring every wholesaler of diesel fuel to
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a marina within the state to offer biodiesel for sale;
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amending s. 377.703, F.S.; deleting provisions requiring
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that the Department of Environmental Protection conduct
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energy research and development, plan for the development
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of renewable energy resources, promote the development and
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use of renewable energy resources, and create a database
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of all energy programs in the state; repealing s.
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377.803(2), F.S.; eliminating a definition; amending s.
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377.806, F.S.; revising rebate eligibility and application
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requirements for solar photovoltaic systems; requiring
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applicants to apply for rebate reservations and rebate
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payments; providing a limitation; revising rulemaking
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authority; creating s. 403.0874, F.S.; providing a
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definition; directing the Department of Environmental
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Protection to develop greenhouse gas inventories;
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providing requirements for such inventories; authorizing
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the department to require emission reports; requiring the
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department to adopt rules; amending s. 489.145, F.S.;
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revising provisions relating to guaranteed energy
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performance savings contracting to include energy
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consumption and energy-related operational savings;
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revising provisions for the financing of guaranteed energy
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performance savings contracts; revising criteria for
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proposed contracts; revising provisions governing program
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administration and contract review; requiring that
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consolidated financing of deferred payment commodity
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contracts be secured by certain funds; requiring the Chief
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Financial Officer to review proposed guaranteed energy
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performance savings contracts; creating s. 570.958, F.S.;
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establishing the Biofuel Retail Sales Incentive Program;
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establishing goals for replacing petroleum consumption;
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providing definitions; providing incentive payments to
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qualified retail dealers for increases in the amount of
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biofuels offered for sale; providing requirements and
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procedures therefor; creating s. 570.959, F.S.;
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establishing the Florida Biofuel Production Incentive
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Program; providing definitions; providing incentive
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payments to producers of certain biofuels; providing
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requirements and procedures therefor; authorizing the
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Department of Agriculture and Consumer Services to adopt
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rules; directing the Florida Building Commission to
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convene a workgroup to develop a model residential energy
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efficiency ordinance; requiring the commission to consult
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with specified entities to review the cost-effectiveness
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of energy efficiency measures in the construction of
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residential, commercial, and government buildings;
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requiring the commission to consult with specified
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entities to develop and implement a public awareness
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campaign; requiring the commission to provide reports to
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the Legislature; requiring all county, municipal, and
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public community college buildings to meet certain energy
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efficiency standards for construction; providing
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applicability; establishing standards for diesel fuel
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purchases for use by state-owned diesel vehicles and
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equipment to include biodiesel fuel purchase requirements;
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establishing standards for fuel purchases for use by
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state-owned flex-fuel vehicles to include ethanol purchase
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requirements; establishing standards for the use of
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biodiesel fuels by school district transportation
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services; providing effective dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 196.175, Florida Statutes, is amended to
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read:
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196.175 Renewable energy source exemption.--
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(1) Improved real property upon which a renewable energy
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source device is installed and operated shall be entitled to an
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exemption in the amount of not greater than the lesser of:
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(a) The assessed value of such real property less any other
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exemptions applicable under this chapter;
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(b) the original cost of the device, including the
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installation cost thereof, but excluding the cost of replacing
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previously existing property removed or improved in the course of
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such installation; or
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(c) Eight percent of the assessed value of such property
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immediately following installation.
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(2) The exempt amount authorized under subsection (1) shall
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apply in full if the device was installed and operative
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throughout the 12-month period preceding January 1 of the year of
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application for this exemption. If the device was operative for a
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portion of that period, the exempt amount authorized under this
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section shall be reduced proportionally.
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(3) It shall be the responsibility of the applicant for an
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exemption pursuant to this section to demonstrate affirmatively
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to the satisfaction of the property appraiser that he or she
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meets the requirements for exemption under this section and that
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the original cost pursuant to paragraph (1)(b) and the period for
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which the device was operative, as indicated on the exemption
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application, are correct.
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(4) No exemption authorized pursuant to this section shall
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be granted for a period of more than 10 years. No exemption shall
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be granted with respect to renewable energy source devices
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installed before July 1, 2009 January 1, 1980, or after December
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31, 1990.
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Section 2. Paragraph (ccc) of subsection (7) of section
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212.08, Florida Statutes, is amended to read:
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212.08 Sales, rental, use, consumption, distribution, and
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storage tax; specified exemptions.--The sale at retail, the
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rental, the use, the consumption, the distribution, and the
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storage to be used or consumed in this state of the following are
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hereby specifically exempt from the tax imposed by this chapter.
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(7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
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entity by this chapter do not inure to any transaction that is
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otherwise taxable under this chapter when payment is made by a
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representative or employee of the entity by any means, including,
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but not limited to, cash, check, or credit card, even when that
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representative or employee is subsequently reimbursed by the
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entity. In addition, exemptions provided to any entity by this
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subsection do not inure to any transaction that is otherwise
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taxable under this chapter unless the entity has obtained a sales
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tax exemption certificate from the department or the entity
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obtains or provides other documentation as required by the
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department. Eligible purchases or leases made with such a
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certificate must be in strict compliance with this subsection and
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departmental rules, and any person who makes an exempt purchase
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with a certificate that is not in strict compliance with this
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subsection and the rules is liable for and shall pay the tax. The
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department may adopt rules to administer this subsection.
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(ccc) Equipment, machinery, and other materials for
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renewable energy technologies.--
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1. As used in this paragraph, the term:
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a. "Biodiesel" means the mono-alkyl esters of long-chain
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fatty acids derived from plant or animal matter for use as a
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source of energy and meeting the specifications for biodiesel and
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biodiesel blends with petroleum products as adopted by the
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Department of Agriculture and Consumer Services. Biodiesel may
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refer to biodiesel blends designated BXX, where XX represents the
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volume percentage of biodiesel fuel in the blend.
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b. "Ethanol" means an nominally anhydrous denatured alcohol
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produced by the conversion of carbohydrates fermentation of plant
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sugars meeting the specifications for fuel ethanol and fuel
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ethanol blends with petroleum products as adopted by the
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Department of Agriculture and Consumer Services. Ethanol may
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refer to fuel ethanol blends designated EXX, where XX represents
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the volume percentage of fuel ethanol in the blend.
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c. "Hydrogen fuel cells" means equipment using hydrogen or
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a hydrogen-rich fuel in an electrochemical process to generate
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energy, electricity, or the transfer of heat.
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2. The sale or use of the following in the state is exempt
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from the tax imposed by this chapter:
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a. Hydrogen-powered vehicles, materials incorporated into
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hydrogen-powered vehicles, and hydrogen-fueling stations, up to a
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limit of $2 million in tax each state fiscal year for all
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taxpayers.
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b. Commercial stationary hydrogen fuel cells, up to a limit
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of $1 million in tax each state fiscal year for all taxpayers.
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c. Materials used in the distribution of biodiesel (B10-
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B100) and ethanol (E10-E100), including fueling infrastructure,
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transportation, and storage, up to a limit of $1 million in tax
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each state fiscal year for all taxpayers. Gasoline fueling
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station pump retrofits for ethanol (E10-E100) distribution
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qualify for the exemption provided in this sub-subparagraph.
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3. The Florida Alternative Energy Center Department of
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Environmental Protection shall provide to the department a list
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of items eligible for the exemption provided in this paragraph.
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4. The exemption provided in this paragraph is available
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only to the end user of the equipment, machinery, or other
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materials.
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5.4.a. The exemption provided in this paragraph shall be
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available to a purchaser only through a refund of previously paid
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taxes. Only one purchase of an eligible item is subject to
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refund. A purchaser who has received a refund on an eligible item
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must notify any subsequent purchaser of the item that the item is
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no longer eligible for a refund of tax paid. This notification
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must be provided to the purchaser on the sales invoice or other
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proof of purchase.
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b. To be eligible to receive the exemption provided in this
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paragraph, a purchaser shall file an application with the Florida
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Alternative Energy Center Department of Environmental Protection.
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The application shall be developed by the Florida Alternative
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Energy Center Department of Environmental Protection, in
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consultation with the department, and shall require:
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(I) The name and address of the person claiming the refund.
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(II) A specific description of the purchase for which a
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refund is sought, including, when applicable, a serial number or
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other permanent identification number.
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(III) The sales invoice or other proof of purchase showing
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the amount of sales tax paid, the date of purchase, and the name
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and address of the sales tax dealer from whom the property was
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purchased.
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(IV) A sworn statement that the information provided is
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accurate and that the requirements of this paragraph have been
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met.
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c. Within 30 days after receipt of an application, the
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Florida Alternative Energy Center Department of Environmental
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Protection shall review the application and shall notify the
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applicant of any deficiencies. Upon receipt of a completed
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application, the Florida Alternative Energy Center Department of
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Environmental Protection shall evaluate the application for
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exemption and issue a written certification that the applicant is
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eligible for a refund or issue a written denial of such
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certification within 60 days after receipt of the application.
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The Florida Alternative Energy Center Department of Environmental
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Protection shall provide the department with a copy of each
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certification issued upon approval of an application.
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d. Each certified applicant shall be responsible for
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forwarding a certified copy of the application and copies of all
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required documentation to the department within 6 months after
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certification by the Florida Alternative Energy Center Department
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of Environmental Protection.
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e. The provisions of s. 212.095 do not apply to any refund
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application made pursuant to this paragraph. A refund approved
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pursuant to this paragraph shall be made within 30 days after
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formal approval by the department.
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f. The department may adopt all rules pursuant to ss.
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rules establishing forms and procedures for claiming this
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exemption.
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g. The Florida Alternative Energy Center Department of
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Environmental Protection shall be responsible for ensuring that
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the total amounts of the exemptions authorized do not exceed the
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limits as specified in subparagraph 2.
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5. The Florida Alternative Energy Center Department of
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Environmental Protection shall determine and publish on a regular
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basis the amount of sales tax funds remaining in each fiscal
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year.
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6. This paragraph expires July 1, 2010.
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Section 3. Effective July 1, 2008, paragraph (y) of
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subsection (8) of section 213.053, Florida Statutes, is amended
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to read:
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213.053 Confidentiality and information sharing.--
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(8) Notwithstanding any other provision of this section,
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the department may provide:
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to the Florida Alternative Energy Center Department of
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Environmental Protection for use in the conduct of its official
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business.
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Disclosure of information under this subsection shall be pursuant
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to a written agreement between the executive director and the
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agency. Such agencies, governmental or nongovernmental, shall be
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bound by the same requirements of confidentiality as the
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Department of Revenue. Breach of confidentiality is a
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misdemeanor of the first degree, punishable as provided by s.
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Section 4. Subsection (1) of section 220.192, Florida
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Statutes, is amended, present subsection (6) of that section is
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renumbered as subsection (7) and amended, present subsection (7)
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of that section is renumbered as subsection (8), and a new
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subsection (6) is added to that section, to read:
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220.192 Renewable energy technologies investment tax
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credit.--
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(1) DEFINITIONS.--For purposes of this section, the term:
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(a) "Biodiesel" means biodiesel as defined in s.
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212.08(7)(ccc).
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(b) "Corporation" means a general partnership, limited
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partnership, limited liability company, unincorporated business,
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or other business entity in which a taxpayer owns an interest and
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which is taxed as a partnership or is disregarded as a separate
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entity from the taxpayer for tax purposes.
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(c)(b) "Eligible costs" means:
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1. Seventy-five percent of all capital costs, operation and
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maintenance costs, and research and development costs incurred
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between July 1, 2006, and June 30, 2010, up to a limit of $3
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million per state fiscal year for all taxpayers, in connection
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with an investment in hydrogen-powered vehicles and hydrogen
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vehicle fueling stations in the state, including, but not limited
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to, the costs of constructing, installing, and equipping such
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technologies in the state.
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2. Seventy-five percent of all capital costs, operation and
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maintenance costs, and research and development costs incurred
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between July 1, 2006, and June 30, 2010, up to a limit of $1.5
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million per state fiscal year for all taxpayers, and limited to a
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maximum of $12,000 per fuel cell, in connection with an
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investment in commercial stationary hydrogen fuel cells in the
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state, including, but not limited to, the costs of constructing,
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installing, and equipping such technologies in the state.
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3. Seventy-five percent of all capital costs, operation and
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maintenance costs, and research and development costs incurred
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between July 1, 2006, and June 30, 2010, up to a limit of $6.5
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million per state fiscal year for all taxpayers, in connection
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with an investment in the production, storage, and distribution
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of biodiesel (B10-B100) and ethanol (E10-E100) in the state,
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including the costs of constructing, installing, and equipping
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such technologies in the state. Gasoline fueling station pump
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retrofits for ethanol (E10-E100) distribution qualify as an
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eligible cost under this subparagraph.
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(d)(c) "Ethanol" means ethanol as defined in s.
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212.08(7)(ccc).
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(e)(d) "Hydrogen fuel cell" means hydrogen fuel cell as
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defined in s. 212.08(7)(ccc).
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(6) TRANSFERABILITY OF CREDIT.--
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(a) Any corporation and any subsequent transferee allowed
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the tax credit may transfer the tax credit, in whole or in part,
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to any taxpayer by written agreement, without the requirement of
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transferring any ownership interest in the property generating
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the tax credit or any interest in the entity that owns the
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property. Transferees are entitled to apply the credits against
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the tax with the same effect as if the transferee had incurred
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the eligible costs.
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(b) To perfect the transfer, the transferor shall provide a
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written transfer statement providing notice to the Department of
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Revenue of the assignor's intent to transfer the tax credits to
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the assignee; the date the transfer is effective; the assignee's
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name, address, federal taxpayer identification number and tax
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period; and the amount of tax credits to be transferred. The
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Department of Revenue shall issue, upon receipt of a transfer
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statement conforming to the requirements of this section, a
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certificate to the assignee reflecting the tax credit amounts
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transferred, a copy of which shall be attached to each tax return
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by an assignee in which such tax credits are used.
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(c) Tax credits derived by such entities treated as
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corporations under this section which are not transferred by such
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entities to other taxpayers under this subsection shall be passed
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through to the taxpayers designated as partners, members, or
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owners, respectively, in any manner agreed to by such persons,
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whether or not such persons are allocated or allowed any portion
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of the federal energy tax credit with respect to the eligible
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costs.
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(7)(6) RULES.--The Department of Revenue shall have the
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authority to adopt rules relating to:
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(a) The forms required to claim a tax credit under this
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section, the requirements and basis for establishing an
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entitlement to a credit, and the examination and audit procedures
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required to administer this section.
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(b) The implementation and administration of the provisions
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allowing a transfer of tax credits, including rules prescribing
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forms, reporting requirements, and the specific procedures,
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guidelines, and requirements necessary for a tax credit to be
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transferred.
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(c) The implementation and administration of the provisions
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allowing a pass through of tax credits, including rules
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prescribing forms, reporting requirements, and the specific
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procedures, guidelines, and requirements necessary for a tax
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credit to be passed through to an owner, member, or partner.
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(8)(7) PUBLICATION.--The Department of Environmental
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Protection shall determine and publish on a regular basis the
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amount of available tax credits remaining in each fiscal year.
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Section 5. Paragraph (f) is added to subsection (2) and
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paragraph (j) is added to subsection (3) of section 220.193,
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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" includes the use of the electricity by
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the producer of the electricity when such use decreases the
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amount of electricity that would otherwise be purchased by the
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producer thereof.
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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 Florida
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renewable energy facility. For a new facility, the credit shall
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be based on the taxpayer's sale of the facility's entire
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electrical production. For an expanded facility, the credit shall
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be based on the increases in the facility's electrical production
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that are achieved after May 1, 2006.
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(j) A taxpayer's use of the credit granted under this
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section does not reduce the amount of any credit authorized by s.
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220.186 which would otherwise be available to that taxpayer.
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Section 6. Section 255.251, Florida Statutes, is amended to
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read:
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255.251 Energy Conservation and Sustainable in Buildings
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Act; short title.--This act may shall be cited as the "Florida
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Energy Conservation and Sustainable in Buildings Act of 1974."
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Section 7. Section 255.252, Florida Statutes, is amended to
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read:
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255.252 Findings and intent.--
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(1) Operating and maintenance expenditures associated with
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energy equipment and with energy consumed in state-financed and
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leased buildings represent a significant cost over the life of a
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building. Energy conserved by appropriate building design not
438
only reduces the demand for energy but also reduces costs for
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building operation. For example, commercial buildings are
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estimated to use from 20 to 80 percent more energy than would be
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required if energy-conserving designs were used. The size,
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design, orientation, and operability of windows, the ratio of
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ventilating air to air heated or cooled, the level of lighting
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consonant with space-use requirements, the handling of occupancy
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loads, and the ability to zone off areas not requiring equivalent
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levels of heating or cooling are but a few of the considerations
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necessary to conserving energy.
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(2) Significant efforts are needed to build energy-
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efficient state-owned buildings that meet environmental standards
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underway by the General Services Administration, the National
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Institute of Standards and Technology, and others to detail the
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considerations and practices for energy conservation in
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buildings. Most important is that energy-efficient designs
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provide energy savings over the life of the building structure.
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Conversely, energy-inefficient designs cause excess and wasteful
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energy use and high costs over that life. With buildings lasting
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many decades and with energy costs escalating rapidly, it is
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essential that the costs of operation and maintenance for energy-
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using equipment and sustainable materials be included in all
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design proposals for state-owned state buildings.
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(3) In order that such energy-efficiency and sustainable
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materials considerations become a function of building design,
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and also a model for future application in the private sector, it
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shall be the policy of the state that buildings constructed and
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financed by the state be designed and constructed to meet the
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United States Green Building Council (USGBC) Leadership in Energy
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and Environmental Design (LEED) rating system, Green Building
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Initiative's Green Globes rating system, or a nationally
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recognized, high-performance green building rating system as
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approved by the department in a manner which will minimize the
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consumption of energy used in the operation and maintenance of
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such buildings. It is further the policy of the state, when
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economically feasible, to retrofit existing state-owned buildings
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in a manner that which will minimize the consumption of energy
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used in the operation and maintenance of such buildings.
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(4) In addition to designing and constructing new buildings
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to be energy efficient energy-efficient, it shall be the policy
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of the state to operate, maintain, and renovate existing state-
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owned state facilities, or provide for their renovation, in a
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manner that which will minimize energy consumption and maximize
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their sustainability as well as ensure that facilities leased by
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the state are operated so as to minimize energy use. Agencies are
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encouraged to consider shared savings financing of such energy
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projects, using contracts that which split the resulting savings
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for a specified period of time between the agency and the private
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firm or cogeneration contracts which otherwise permit the state
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to lower its energy costs. Such energy contracts may be funded
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from the operating budget.
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(5) Each state agency must identify and compile a list of
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all state-owned buildings within its inventory which it
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determines are suitable for a guaranteed energy performance
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savings contract under s. 489.145. The list shall be submitted to
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the Department of Management Services by December 31, 2008, and
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must include any criteria used to determine suitability. The list
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of suitable buildings shall be developed from the list of state-
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owned facilities of more than 5,000 square feet in area and for
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which the agency is responsible for paying the expenses of
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utilities and other operating expenses as they relate to energy
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use. In consultation with each department secretary or director,
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by March 1, 2009, the Department of Management Services shall
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evaluate each agency's facilities that are suitable for energy
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conservation projects and shall develop an energy efficiency
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project schedule based on factors such as project magnitude,
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efficiency and effectiveness of energy conservation measures to
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be implemented, and other factors that may prove to be
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advantageous to pursue. The schedule must provide the deadline
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for guaranteed energy performance savings contract improvements
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to be made to the state-owned buildings.
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Section 8. Subsections (6) and (7) are added to section
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255.253, Florida Statutes, to read:
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(6) "Sustainable building" means a building that is healthy
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and comfortable for its occupants and is economical to operate
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while conserving resources, including energy, water, raw
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materials, and land, and minimizing the generation of toxic
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materials and waste in its design, construction, landscaping, and
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operation.
518
(7) "Sustainable building rating" means a rating
519
established by the United States Green Building Council (USGBC)
520
Leadership in Energy and Environmental Design (LEED) rating
521
system, Green Building Initiative's Green Globes rating system,
522
or a nationally recognized, high-performance green building
523
rating system as approved by the department.
524
Section 9. Section 255.254, Florida Statutes, is amended to
525
read:
526
255.254 No facility constructed or leased without life-
527
cycle costs.--
528
(1) A No state agency may not shall lease, construct, or
529
have constructed, within limits prescribed herein, a facility
530
without having secured from the department an a proper evaluation
531
of life-cycle costs based on sustainable building ratings, as
532
computed by an architect or engineer. Furthermore, construction
533
shall proceed only upon disclosing, for the facility chosen, the
534
life-cycle costs as determined in s. 255.255, its sustainable
535
building rating goal, and the capitalization of the initial
536
construction costs of the building. The life-cycle costs shall be
537
a primary consideration in the selection of a building design in
538
addition to its sustainable building rating goal. Such analysis
539
shall be required only for construction of buildings with an area
540
of 5,000 square feet or greater. For leased buildings 5,000
541
square feet or greater areas of 20,000 square feet or greater
542
within a given building boundary, an energy performance analysis
543
a life-cycle analysis shall be performed, and a lease shall only
544
be made only where there is a showing that the energy life-cycle
545
costs incurred by the state are minimal compared to available
546
like facilities.
547
(2) On and after January 1, 1979, no state agency shall
548
initiate construction or have construction initiated, prior to
549
approval thereof by the department, on a facility or self-
550
contained unit of any facility, the design and construction of
551
which incorporates or contemplates the use of an energy system
552
other than a solar energy system when the life-cycle costs
553
analysis prepared by the department has determined that a solar
554
energy system is the most cost-efficient energy system for the
555
facility or unit.
556
(3) After September 30, 1985, when any state agency must
557
replace or supplement major items of energy-consuming equipment
558
in existing state-owned or leased facilities or any self-
559
contained unit of any facility with other major items of energy-
560
consuming equipment, the selection of such items shall be made on
561
the basis of a life-cycle cost analysis of alternatives in
562
accordance with rules promulgated by the department under s.
563
564
Section 10. Subsection (1) of section 255.255, Florida
565
Statutes, is amended to read:
566
255.255 Life-cycle costs.--
567
(1) The department shall adopt promulgate rules and
568
procedures, including energy conservation performance guidelines
569
based on sustainable building ratings, for conducting a life-
570
cycle cost analysis of alternative architectural and engineering
571
designs and alternative major items of energy-consuming equipment
572
to be retrofitted in existing state-owned or leased facilities
573
and for developing energy performance indices to evaluate the
574
efficiency of energy utilization for competing designs in the
575
construction of state-financed and leased facilities.
576
Section 11. Paragraph (b) of subsection (2) and subsection
577
(5) of section 287.063, Florida Statutes, are amended to read:
578
287.063 Deferred-payment commodity contracts; preaudit
579
review.--
580
(2)
581
(b) The Chief Financial Officer shall establish, by rule,
582
criteria for approving purchases made under deferred-payment
583
contracts which require the payment of interest. Criteria shall
584
include, but not be limited to, the following provisions:
585
1. A No contract may not shall be approved in which
586
interest exceeds the statutory ceiling contained in this section.
587
However, the interest component of any master equipment financing
588
agreement entered into for the purpose of consolidated financing
589
of a deferred-payment, installment sale, or lease-purchase shall
590
be deemed to comply with the interest rate limitation of this
591
section so long as the interest component of every interagency
592
agreement under such master equipment financing agreement
593
complies with the interest rate limitation of this section.
594
2. A No deferred-payment purchase for less than $30,000 may
595
not shall be approved, unless it can be satisfactorily
596
demonstrated and documented to the Chief Financial Officer that
597
failure to make such deferred-payment purchase would adversely
598
affect an agency in the performance of its duties. However, the
599
Chief Financial Officer may approve any deferred-payment purchase
600
if the Chief Financial Officer determines that such purchase is
601
economically beneficial to the state.
602
3. No agency shall obligate an annualized amount of
603
payments for deferred-payment purchases in excess of current
604
operating capital outlay appropriations, unless specifically
605
authorized by law or unless it can be satisfactorily demonstrated
606
and documented to the Chief Financial Officer that failure to
607
make such deferred-payment purchase would adversely affect an
608
agency in the performance of its duties.
609
3.4. A No contract may not shall be approved which extends
610
payment beyond 5 years, unless it can be satisfactorily
611
demonstrated and documented to the Chief Financial Officer that
612
failure to make such deferred-payment purchase would adversely
613
affect an agency in the performance of its duties. The payment
614
term may not exceed the useful life of the equipment unless the
615
contract provides for the replacement or the extension of the
616
useful life of the equipment during the term of the loan.
617
(5) For purposes of this section, the annualized amount of
618
any such deferred payment commodity contract must be supported
619
from available recurring funds appropriated to the agency in an
620
appropriation category, other than the expense appropriation
621
category as defined in chapter 216, which that the Chief
622
Financial Officer has determined is appropriate or which that the
623
Legislature has designated for payment of the obligation incurred
624
under this section.
625
Section 12. Subsections (10) and (11) of section 287.064,
626
Florida Statutes, are amended to read:
627
287.064 Consolidated financing of deferred-payment
628
purchases.--
629
(10) Costs incurred pursuant to a guaranteed energy
630
performance savings contract, including the cost of energy
631
conservation measures, each as defined in s. 489.145, may be
632
financed pursuant to a master equipment financing agreement;
633
however, the costs of training, operation, and maintenance may
634
not be financed. The period of time for repayment of the funds
635
drawn pursuant to the master equipment financing agreement under
636
this subsection may exceed 5 years but may not exceed 20 10 years
637
for energy conservation measures pursuant to s. 489.145,
638
excluding the costs of training, operation, and maintenance. The
639
guaranteed energy performance savings contractor shall provide
640
for the replacement or the extension of the useful life of the
641
equipment during the term of the contract.
642
(11) For purposes of consolidated financing of deferred
643
payment commodity contracts under this section by a state agency,
644
the annualized amount of any such contract must be supported from
645
available recurring funds appropriated to the agency in an
646
appropriation category, other than the expense appropriation
647
category as defined in chapter 216, which that the Chief
648
Financial Officer has determined is appropriate or that the
649
Legislature has designated for payment of the obligation incurred
650
under this section.
651
Section 13. Effective upon this act becoming a law,
652
subsection (7) is added to section 366.04, Florida Statutes, to
653
read:
654
366.04 Jurisdiction of commission.--
655
(7) The commission has specific authority to approve,
656
conditionally approve, or deny a proposed transfer of utility
657
assets or a proposed merger between a public utility and another
658
entity or the public utility's parent company or holding company
659
and another entity.
660
(a) A transfer of a utility asset or a merger or
661
combination between a public utility and another entity or the
662
utility's parent company or holding company and another entity
663
may not occur through acquisition or change in control by stock
664
purchase or otherwise without the approval of the commission and
665
a determination that the proposed asset transfer or the proposed
666
merger or combination is not detrimental to the public interest.
667
However, a proposed asset transfer or a proposed merger or
668
combination of a public utility and another entity or the public
669
utility's parent or holding company and another entity may be
670
made before the commission's approval if the action is made
671
contingent upon commission approval.
672
(b) The commission may establish, by rule, minimum values
673
of asset transfers which, because the value involved would not
674
adversely affect the utility, would be deemed immaterial, and
675
therefore would not be subject to commission review and approval.
676
(c) The commission may approve an asset transfer or a
677
merger or combination as not being detrimental to the public
678
interest if it finds, after full review of all relevant facts,
679
that none of the following conditions exist or will exist if such
680
asset transfer or merger or combination is consummated:
681
1. The transaction will adversely affect the adequacy and
682
reliability of the electric service that is provided to the
683
public utility's end-use customers;
684
2. The transaction will materially adversely affect the
685
financial condition of the public utility; or
686
3. The public utility's plans for managing the costs and
687
benefits of the merger or combination will unreasonably increase
688
the rates of the end-use customers.
689
(d) A public utility seeking review under this subsection
690
must file a petition with the commission concurrent with or
691
before filing a similar petition to the Federal Energy Regulatory
692
Commission pursuant to s. 1289, EPACT 2005 s. 203(a) of the
693
Federal Power Act, 16 U.S.C. s. 824b(a). In support of the
694
petition, the public utility shall file direct testimony and
695
supporting documents at the time the initial petition is filed
696
with the commission.
697
(e) The commission shall enter its final order within 150
698
days after the filing of the petition unless the commission and
699
the utility agree to extend this time.
700
(f) The commission may adopt rules to administer this
701
subsection.
702
Section 14. Effective upon this act becoming a law, section
703
366.915, Florida Statutes, is created to read:
704
366.915 Advanced Energy Portfolio Standard.--
705
(1) This section may be cited as the "Florida Advanced
706
Energy Portfolio Standard Act."
707
(2)(a) The Legislature finds that it is in the public's
708
interest to:
709
1. Encourage investment in renewable energy resources in
710
order to expand environmentally sustainable methods of generating
711
electricity.
712
2. Stimulate the economic growth of this state.
713
3. Enhance the continued diversification of the fuel
714
sources for electricity used in the state.
715
(b) The Legislature further finds and declares that a
716
program requiring public utilities to use renewable energy is a
717
way to encourage investments in renewable energy resources,
718
stimulate economic growth within the state, and enhance the
719
continued diversification of the state's energy resources.
720
(3) As used in this section, the term:
721
(a) "Biomass" means a power source that is comprised of,
722
but not limited to, combustible residues or gases from forest
723
products manufacturing, agricultural and orchard crops, waste
724
products from livestock and poultry operations and food
725
processing, urban wood waste, municipal solid waste, municipal
726
liquid waste treatment operations, and landfill gas.
727
(b) "Advanced energy" means electrical energy produced from
728
a method that uses one or more of the following fuels or energy
729
sources: hydrogen produced from sources other than fossil fuels,
730
biomass, solar energy, geothermal energy, wind energy, ocean
731
energy, and hydroelectric power. The term also includes energy-
732
efficiency resources, such as waste heat from sulfuric acid
733
manufacturing operations and combined heat and power. The term
734
also includes nuclear and coal fuel when coal is used in a
735
facility having potential carbon-capturing technology.
736
(4) Each public utility, as defined in s. 366.02, shall
737
ensure that by 2015 and for each year thereafter, at least 50
738
percent of all new net energy for load, using 2006 as a base
739
year, is derived from advanced energy produced in this state. If
740
a utility retrofits an existing plant to produce advanced energy,
741
this energy counts toward meeting this requirement.
742
(5) If a public utility must purchase advanced energy in
743
order to satisfy the requirements of this section, the public
744
utility shall use a competitive-procurement process and give
745
priority to entities that produce advanced energy in this state.
746
(6) The Public Service Commission may adopt rules to ensure
747
that the purchase of advanced energy by public utilities is
748
conducted in a fair and impartial manner, consistent with the
749
goals set forth in this section. The commission also may develop
750
an accreditation process to ensure that any entities providing
751
renewable energy in this state satisfy the goals of this section.
752
(7) The requirements of this section shall be held in
753
abeyance if the reasons for a utility's failure to comply are
754
beyond the utility's control, including, but not limited to,
755
actions of a governmental entity or agency or weather-related
756
damage.
757
Section 15. Effective upon this act becoming a law,
758
paragraph (b) of subsection (2) of section 366.91, Florida
759
Statutes, is amended to read:
760
366.91 Renewable energy.--
761
(2) As used in this section, the term:
762
(b) "Renewable energy" means electrical energy produced
763
from a method that uses one or more of the following fuels or
764
energy sources: hydrogen produced from sources other than fossil
765
fuels, biomass, solar energy, geothermal energy, wind energy,
766
ocean energy, and hydroelectric power. The term also includes the
767
alternative energy efficiency resources resource, waste heat,
768
from sulfuric acid manufacturing operations, and combined heat
769
and power.
770
Section 16. Effective upon this act becoming a law, section
771
366.925, Florida Statutes, is created to read:
772
366.925 Electric utilities; net metering.--
773
(1) This section may be cited as the "Florida Net Metering
774
Conservation Act."
775
(2) The commission shall develop rules requiring all public
776
utilities to develop net-metering programs that meet the
777
requirements of this subsection. Each utility shall make
778
available meters that measure both energy production and
779
consumption by the customer. The customer shall receive credit at
780
the full retail rate for energy generated by an eligible system
781
and consumed by that customer behind the meter. If the customer's
782
system or systems behind the meter generates more energy than the
783
customer consumes behind the meter during a billing cycle, the
784
utility shall pay the customer for the excess generation at its
785
full avoided cost, as set forth in s. 366.051. Net metering is
786
available only at a single metering point and is not available as
787
a part of conjunctive billing of multiple points for a customer
788
or group of customers.
789
(3) The commission shall develop rules setting the
790
interconnection requirements and other standards that renewable
791
energy systems must meet in order to ensure public safety and
792
reliability for customers who participate in the net-metering
793
program.
794
Section 17. Effective upon this act becoming a law, every
795
wholesaler of diesel to a marina within this state must offer
796
biodiesel for sale.
797
Section 18. Subsection (3) of section 377.703, Florida
798
Statutes, is amended to read:
799
377.703 Additional functions of the Department of
800
Environmental Protection; energy emergency contingency plan;
801
federal and state conservation programs.--
802
(3) DEPARTMENT OF ENVIRONMENTAL PROTECTION; DUTIES.--The
803
Department of Environmental Protection shall, in addition to
804
assuming the duties and responsibilities provided by ss. 20.255
805
and 377.701, perform the following functions consistent with the
806
development of a state energy policy:
807
(a) The department shall assume the responsibility for
808
development of an energy emergency contingency plan to respond to
809
serious shortages of primary and secondary energy sources. Upon a
810
finding by the Governor, implementation of any emergency program
811
shall be upon order of the Governor that a particular kind or
812
type of fuel is, or that the occurrence of an event which is
813
reasonably expected within 30 days will make the fuel, in short
814
supply. The department shall then respond by instituting the
815
appropriate measures of the contingency plan to meet the given
816
emergency or energy shortage. The Governor may utilize the
817
provisions of s. 252.36(5) to carry out any emergency actions
818
required by a serious shortage of energy sources.
819
(b) The department shall constitute the responsible state
820
agency for performing or coordinating the functions of any
821
federal energy programs delegated to the state, including energy
822
supply, demand, conservation, or allocation.
823
(c) The department shall analyze present and proposed
824
federal energy programs and make recommendations regarding those
825
programs to the Governor.
826
(d) The department shall coordinate efforts to seek federal
827
support or other support for state energy conservation
828
activities, including energy conservation, research, or
829
development, and shall be the state agency responsible for the
830
coordination of multiagency energy conservation programs and
831
plans.
832
(e) The department shall analyze energy data collected and
833
prepare long-range forecasts of energy supply and demand in
834
coordination with the Florida Public Service Commission, which
835
shall have responsibility for electricity and natural gas
836
forecasts. To this end, the forecasts shall contain:
837
1. An analysis of the relationship of state economic growth
838
and development to energy supply and demand, including the
839
constraints to economic growth resulting from energy supply
840
constraints.
841
2. Plans for the development of renewable energy resources
842
and reduction in dependence on depletable energy resources,
843
particularly oil and natural gas, and an analysis of the extent
844
to which renewable energy sources are being utilized in the
845
state.
846
3. Consideration of alternative scenarios of statewide
847
energy supply and demand for 5, 10, and 20 years, to identify
848
strategies for long-range action, including identification of
849
potential social, economic, and environmental effects.
850
4. An assessment of the state's energy resources, including
851
examination of the availability of commercially developable and
852
imported fuels, and an analysis of anticipated effects on the
853
state's environment and social services resulting from energy
854
resource development activities or from energy supply
855
constraints, or both.
856
(e)(f) The department shall make a report, as requested by
857
the Governor or the Legislature, reflecting its activities and
858
making recommendations of policies for improvement of the state's
859
response to energy supply and demand and its effect on the
860
health, safety, and welfare of the people of Florida. The report
861
shall include a report from the Florida Public Service Commission
862
on electricity and natural gas and information on energy
863
conservation programs conducted and under way in the past year
864
and shall include recommendations for energy conservation
865
programs for the state, including, but not limited to, the
866
following factors:
867
1. Formulation of specific recommendations for improvement
868
in the efficiency of energy utilization in governmental,
869
residential, commercial, industrial, and transportation sectors.
870
2. Collection and dissemination of information relating to
871
energy conservation.
872
3. Development and conduct of educational and training
873
programs relating to energy conservation.
874
4. An analysis of the ways in which state agencies are
875
seeking to implement s. 377.601(4), the state energy policy, and
876
recommendations for better fulfilling this policy.
877
(f)(g) The department has authority to adopt rules pursuant
879
act.
880
(h) Promote the development and use of renewable energy
881
resources, in conformance with the provisions of chapter 187 and
882
s. 377.601, by:
883
1. Establishing goals and strategies for increasing the use
884
of solar energy in this state.
885
2. Aiding and promoting the commercialization of solar
886
energy technology, in cooperation with the Florida Solar Energy
887
Center, Enterprise Florida, Inc., and any other federal, state,
888
or local governmental agency which may seek to promote research,
889
development, and demonstration of solar energy equipment and
890
technology.
891
3. Identifying barriers to greater use of solar energy
892
systems in this state, and developing specific recommendations
893
for overcoming identified barriers, with findings and
894
recommendations to be submitted annually in the report to the
895
Legislature required under paragraph (f).
896
4. In cooperation with the Department of Transportation,
897
the Department of Community Affairs, Enterprise Florida, Inc.,
898
the Florida Solar Energy Center, and the Florida Solar Energy
899
Industries Association, investigating opportunities, pursuant to
900
the National Energy Policy Act of 1992 and the Housing and
901
Community Development Act of 1992, for solar electric vehicles
902
and other solar energy manufacturing, distribution, installation,
903
and financing efforts which will enhance this state's position as
904
the leader in solar energy research, development, and use.
905
5. Undertaking other initiatives to advance the development
906
and use of renewable energy resources in this state.
907
908
In the exercise of its responsibilities under this paragraph, the
909
department shall seek the assistance of the solar energy industry
910
in this state and other interested parties and is authorized to
911
enter into contracts, retain professional consulting services,
912
and expend funds appropriated by the Legislature for such
913
purposes.
914
(g)(i) The department shall promote energy conservation in
915
all energy use sectors throughout the state and shall constitute
916
the state agency primarily responsible for this function. To this
917
end, the department shall coordinate the energy conservation
918
programs of all state agencies and review and comment on the
919
energy conservation programs of all state agencies.
920
(j) The department shall serve as the state clearinghouse
921
for indexing and gathering all information related to energy
922
programs in state universities, in private universities, in
923
federal, state, and local government agencies, and in private
924
industry and shall prepare and distribute such information in any
925
manner necessary to inform and advise the citizens of the state
926
of such programs and activities. This shall include developing
927
and maintaining a current index and profile of all research
928
activities, which shall be identified by energy area and may
929
include a summary of the project, the amount and sources of
930
funding, anticipated completion dates, or, in case of completed
931
research, conclusions, recommendations, and applicability to
932
state government and private sector functions. The department
933
shall coordinate, promote, and respond to efforts by all sectors
934
of the economy to seek financial support for energy activities.
935
The department shall provide information to consumers regarding
936
the anticipated energy-use and energy-saving characteristics of
937
products and services in coordination with any federal, state, or
938
local governmental agencies as may provide such information to
939
consumers.
940
(h)(k) The department shall coordinate energy-related
941
programs of state government, including, but not limited to, the
942
programs provided in this section. To this end, the department
943
shall:
944
1. Provide assistance to other state agencies, counties,
945
municipalities, and regional planning agencies to further and
946
promote their energy planning activities.
947
2. Require, in cooperation with the Department of
948
Management Services, all state agencies to operate state-owned
949
and state-leased buildings in accordance with energy conservation
950
standards as adopted by the Department of Management Services.
951
Every 3 months, the Department of Management Services shall
952
furnish the department data on agencies' energy consumption in a
953
format mutually agreed upon by the two departments.
954
3. Promote the development and use of renewable energy
955
resources, energy efficiency technologies, and conservation
956
measures.
957
4. Promote the recovery of energy from wastes, including,
958
but not limited to, the use of waste heat, the use of
959
agricultural products as a source of energy, and recycling of
960
manufactured products. Such promotion shall be conducted in
961
conjunction with, and after consultation with, the Department of
962
Environmental Protection, the Florida Public Service Commission
963
where electrical generation or natural gas is involved, and any
964
other relevant federal, state, or local governmental agency
965
having responsibility for resource recovery programs.
966
(i)(l) The department shall develop, coordinate, and
967
promote a comprehensive research plan for state programs. Such
968
plan shall be consistent with state energy policy and shall be
969
updated on a biennial basis.
970
(j)(m) In recognition of the devastation to the economy of
971
this state and the dangers to the health and welfare of residents
972
of this state caused by Hurricane Andrew, and the potential for
973
such impacts caused by other natural disasters, the department
974
shall include in its energy emergency contingency plan and
975
provide to the Department of Community Affairs for inclusion in
976
the state model energy efficiency building code specific
977
provisions to facilitate the use of cost-effective solar energy
978
technologies as emergency remedial and preventive measures for
979
providing electric power, street lighting, and water heating
980
service in the event of electric power outages.
981
Section 19. Subsection (2) of section 377.803, Florida
982
Statutes, is repealed.
983
Section 20. Subsections (2) and (3) of section 377.806,
984
Florida Statutes, are amended, present subsection (6) of that
985
section is renumbered as subsection (7), present subsection (7)
986
of that section is renumbered as subsection (8) and amended, and
987
a new subsection (6) is added to that section, to read:
988
377.806 Solar Energy System Incentives Program.--
989
(2) SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
990
(a) Eligibility requirements.--A solar photovoltaic system
991
qualifies for a rebate if:
992
1. The system is installed by a state-licensed master
993
electrician, electrical contractor, or solar contractor.
994
2. The system complies with state interconnection standards
995
as provided by the commission.
996
3. The system complies with all applicable building codes
997
as defined by the local jurisdictional authority.
998
(b) Rebate amounts.--The rebate amount shall be set at $4
999
per watt based on the total wattage rating of the system. The
1000
maximum allowable rebate per solar photovoltaic system
1001
installation shall be as follows:
1002
1. Twenty thousand dollars for a residence.
1003
2. One hundred thousand dollars for a place of business, a
1004
publicly owned or operated facility, or a facility owned or
1005
operated by a private, not-for-profit organization, including
1006
condominiums or apartment buildings.
1007
(c) Application.--To be eligible to receive a rebate,
1008
applicants must file with the department a preapplication form
1009
demonstrating that the planned system will meet applicable
1010
requirements of this section. The department shall review the
1011
preapplication to determine if it complies with the requirements
1012
of this section, shall notify the applicant within 30 days after
1013
receipt of the preapplication that the preapplication has been
1014
received and meets such requirements, and shall reserve funding
1015
for the preapplication for up to 90 days following the date of
1016
issuance of notification to the applicant. Within 90 days after
1017
the purchase of the solar photovoltaic system, the applicant must
1018
submit to the department a separate application for a rebate
1019
payment.
1020
(3) SOLAR THERMAL SYSTEM INCENTIVE.--
1021
(a) Eligibility requirements.--A solar thermal system
1022
qualifies for a rebate if:
1023
1. The system is installed by a state-licensed solar or
1024
plumbing contractor.
1025
2. The system complies with all applicable building codes
1026
as defined by the local jurisdictional authority.
1027
(b) Rebate amounts.--Authorized rebates for installation of
1028
solar thermal systems shall be as follows:
1029
1. Five hundred dollars for a residence.
1030
2. Fifteen dollars per 1,000 Btu up to a maximum of $5,000
1031
for a place of business, a publicly owned or operated facility,
1032
or a facility owned or operated by a private, not-for-profit
1033
organization, including condominiums or apartment buildings. Btu
1034
must be verified by approved metering equipment.
1035
(6) LIMITATION.--Rebates are limited to one type of system
1036
per resident per state fiscal year.
1037
(8)(7) RULES.--The department shall adopt rules pursuant to
1039
rebate reservations and rebate payments and administer the
1040
issuance of rebates.
1041
Section 21. Section 403.0874, Florida Statutes, is created
1042
to read:
1043
403.0874 Greenhouse gas inventories.--
1044
(1) "Greenhouse gases" means gases that trap heat in the
1045
atmosphere. The principal greenhouse gases are: carbon dioxide
1046
(CO2), methane (CH4), nitrous oxide (N2O), and fluorinated gases,
1047
such as hydrofluorocarbons, perfluorocarbons, and sulfur
1048
hexafluoride.
1049
(2) The department shall develop greenhouse gas inventories
1050
that account for annual greenhouse gases emitted to and removed
1051
from the atmosphere, and forecast gases emitted and removed, for
1052
all major greenhouse gases, for time periods determined
1053
sufficient by the department to provide for adequate analysis and
1054
planning. The inventory shall also include greenhouse gas
1055
emissions that are considered carbon neutral through the use of
1056
renewable energy as defined in s. 366.91(2)(a).
1057
(3) By rule, the department shall define which greenhouse
1058
gases are to be included in each inventory, the criteria for
1059
defining major emitters, which emitters must report emissions,
1060
and what methodologies shall be used to estimate gases emitted
1061
and removed from those not required to report.
1062
(4) The department may require all major emitters of
1063
defined greenhouse gases to report emissions according to
1064
methodologies and reporting systems approved by the department
1065
and established by rule, which may include the use of quality-
1066
assured data from continuous emissions monitoring systems.
1067
Section 22. Section 489.145, Florida Statutes, is amended
1068
to read:
1069
489.145 Guaranteed energy performance savings
1070
contracting.--
1071
(1) SHORT TITLE.--This section may be cited as the
1072
"Guaranteed Energy Performance Savings Contracting Act."
1073
(2) LEGISLATIVE FINDINGS.--The Legislature finds that
1074
investment in energy conservation measures in agency facilities
1075
can reduce the amount of energy consumed and produce immediate
1076
and long-term savings. It is the policy of this state to
1077
encourage agencies to invest in energy conservation measures that
1078
reduce energy consumption, produce a cost savings for the agency,
1079
and improve the quality of indoor air in public facilities and to
1080
operate, maintain, and, when economically feasible, build or
1081
renovate existing agency facilities in such a manner as to
1082
minimize energy consumption and maximize energy savings. It is
1083
further the policy of this state to encourage agencies to
1084
reinvest any energy savings resulting from energy conservation
1085
measures in additional energy conservation efforts.
1086
(3) DEFINITIONS.--As used in this section, the term:
1087
(a) "Agency" means the state, a municipality, or a
1088
political subdivision.
1089
(b) "Energy conservation measure" means a training program,
1090
facility alteration, or an equipment purchase to be used in new
1091
construction, including an addition to an existing facility,
1092
which reduces energy or energy-related operating costs and
1093
includes, but is not limited to:
1094
1. Insulation of the facility structure and systems within
1095
the facility.
1096
2. Storm windows and doors, caulking or weatherstripping,
1097
multiglazed windows and doors, heat-absorbing, or heat-
1098
reflective, glazed and coated window and door systems, additional
1099
glazing, reductions in glass area, and other window and door
1100
system modifications that reduce energy consumption.
1101
3. Automatic energy control systems.
1102
4. Heating, ventilating, or air-conditioning system
1103
modifications or replacements.
1104
5. Replacement or modifications of lighting fixtures to
1105
increase the energy efficiency of the lighting system, which, at
1106
a minimum, must conform to the applicable state or local building
1107
code.
1108
6. Energy recovery systems.
1109
7. Cogeneration systems that produce steam or forms of
1110
energy such as heat, as well as electricity, for use primarily
1111
within a facility or complex of facilities.
1112
8. Energy conservation measures that reduce Btu, kW, or kWh
1113
consumed or provide long-term operating cost reductions or
1114
significantly reduce Btu consumed.
1115
9. Renewable energy systems, such as solar, biomass, or
1116
wind systems.
1117
10. Devices that reduce water consumption or sewer charges.
1118
11. Storage systems, such as fuel cells and thermal
1119
storage.
1120
12. Generating technologies, such as microturbines.
1121
13. Any other repair, replacement, or upgrade of existing
1122
equipment.
1123
(c) "Energy cost savings" means a measured reduction in the
1124
cost of fuel, energy consumption, and stipulated operation and
1125
maintenance created from the implementation of one or more energy
1126
conservation measures when compared with an established baseline
1127
for the previous cost of fuel, energy consumption, and stipulated
1128
operation and maintenance.
1129
(d) "Guaranteed energy performance savings contract" means
1130
a contract for the evaluation, recommendation, and implementation
1131
of energy conservation measures or energy-related operational
1132
saving measures, which, at a minimum, shall include:
1133
1. The design and installation of equipment to implement
1134
one or more of such measures and, if applicable, operation and
1135
maintenance of such measures.
1136
2. The amount of any actual annual savings that meet or
1137
exceed total annual contract payments made by the agency for the
1138
contract and may include allowable cost avoidance. As used in
1139
this section, allowable cost avoidance calculations include, but
1140
are not limited to, avoided provable budgeted costs contained in
1141
a capital replacement plan less the current undepreciated value
1142
of replaced equipment and the replacement cost of the new
1143
equipment.
1144
3. The finance charges incurred by the agency over the life
1145
of the contract.
1146
(e) "Guaranteed energy performance savings contractor"
1147
means a person or business that is licensed under chapter 471,
1148
chapter 481, or this chapter, and is experienced in the analysis,
1149
design, implementation, or installation of energy conservation
1150
measures through energy performance contracts.
1151
(4) PROCEDURES.--
1152
(a) An agency may enter into a guaranteed energy
1153
performance savings contract with a guaranteed energy performance
1154
savings contractor to significantly reduce energy consumption or
1155
energy-related operating costs of an agency facility through one
1156
or more energy conservation measures.
1157
(b) Before design and installation of energy conservation
1158
measures, the agency must obtain from a guaranteed energy
1159
performance savings contractor a report that summarizes the costs
1160
associated with the energy conservation measures or energy-
1161
related operational cost saving measures and provides an estimate
1162
of the amount of the energy cost savings. The agency and the
1163
guaranteed energy performance savings contractor may enter into a
1164
separate agreement to pay for costs associated with the
1165
preparation and delivery of the report; however, payment to the
1166
contractor shall be contingent upon the report's projection of
1167
energy or operational cost savings being equal to or greater than
1168
the total projected costs of the design and installation of the
1169
report's energy conservation measures.
1170
(c) The agency may enter into a guaranteed energy
1171
performance savings contract with a guaranteed energy performance
1172
savings contractor if the agency finds that the amount the agency
1173
would spend on the energy conservation or energy-related cost
1174
saving measures will not likely exceed the amount of the energy
1175
or energy-related cost savings for up to 20 years from the date
1176
of installation, based on the life cycle cost calculations
1177
provided in s. 255.255, if the recommendations in the report were
1178
followed and if the qualified provider or providers give a
1179
written guarantee that the energy or energy-related cost savings
1180
will meet or exceed the costs of the system. However, actual
1181
computed cost savings must meet or exceed the estimated cost
1182
savings provided in program approval. Baseline adjustments used
1183
in calculations must be specified in the contract. The contract
1184
may provide for installment payments for a period not to exceed
1185
20 years.
1186
(d) A guaranteed energy performance savings contractor must
1187
be selected in compliance with s. 287.055; except that if fewer
1188
than three firms are qualified to perform the required services,
1189
the requirement for agency selection of three firms, as provided
1191
not apply.
1192
(e) Before entering into a guaranteed energy performance
1193
savings contract, an agency must provide published notice of the
1194
meeting in which it proposes to award the contract, the names of
1195
the parties to the proposed contract, and the contract's purpose.
1196
(f) A guaranteed energy performance savings contract may
1197
provide for financing, including tax exempt financing, by a third
1198
party. The contract for third party financing may be separate
1199
from the energy performance contract. A separate contract for
1200
third party financing pursuant to this paragraph must include a
1201
provision that the third party financier must not be granted
1202
rights or privileges that exceed the rights and privileges
1203
available to the guaranteed energy performance savings
1204
contractor.
1205
(g) Financing for guaranteed energy performance savings
1206
contracts may be provided under the authority of s. 287.064.
1207
(h) The Office of the Chief Financial Officer shall review
1208
proposals to ensure that the most effective financing is being
1209
used.
1210
(i)(g) In determining the amount the agency will finance to
1211
acquire the energy conservation measures, the agency may reduce
1212
such amount by the application of any grant moneys, rebates, or
1213
capital funding available to the agency for the purpose of buying
1214
down the cost of the guaranteed energy performance savings
1215
contract. However, in calculating the life cycle cost as required
1216
in paragraph (c), the agency shall not apply any grants, rebates,
1217
or capital funding.
1218
(5) CONTRACT PROVISIONS.--
1219
(a) A guaranteed energy performance savings contract must
1220
include a written guarantee that may include, but is not limited
1221
to the form of, a letter of credit, insurance policy, or
1222
corporate guarantee by the guaranteed energy performance savings
1223
contractor that annual energy cost savings will meet or exceed
1224
the amortized cost of energy conservation measures.
1225
(b) The guaranteed energy performance savings contract must
1226
provide that all payments, except obligations on termination of
1227
the contract before its expiration, may be made over time, but
1228
not to exceed 20 years from the date of complete installation and
1229
acceptance by the agency, and that the annual savings are
1230
guaranteed to the extent necessary to make annual payments to
1231
satisfy the guaranteed energy performance savings contract.
1232
(c) The guaranteed energy performance savings contract must
1233
require that the guaranteed energy performance savings contractor
1234
to whom the contract is awarded provide a 100-percent public
1235
construction bond to the agency for its faithful performance, as
1236
required by s. 255.05.
1237
(d) The guaranteed energy performance savings contract may
1238
contain a provision allocating to the parties to the contract any
1239
annual energy cost savings that exceed the amount of the energy
1240
cost savings guaranteed in the contract.
1241
(e) The guaranteed energy performance savings contract
1242
shall require the guaranteed energy performance savings
1243
contractor to provide to the agency an annual reconciliation of
1244
the guaranteed energy or energy-related cost savings. If the
1245
reconciliation reveals a shortfall in annual energy or energy-
1246
related cost savings, the guaranteed energy performance savings
1247
contractor is liable for such shortfall. If the reconciliation
1248
reveals an excess in annual energy cost savings, the excess
1249
savings may be allocated under paragraph (d) but may not be used
1250
to cover potential energy cost savings shortages in subsequent
1251
contract years.
1252
(f) The guaranteed energy performance savings contract must
1253
provide for payments of not less than one-twentieth of the price
1254
to be paid within 2 years from the date of the complete
1255
installation and acceptance by the agency using straight-line
1256
amortization for the term of the loan, and the remaining costs to
1257
be paid at least quarterly, not to exceed a 20-year term, based
1258
on life cycle cost calculations.
1259
(g) The guaranteed energy performance savings contract may
1260
extend beyond the fiscal year in which it becomes effective;
1261
however, the term of any contract expires at the end of each
1262
fiscal year and may be automatically renewed annually for up to
1263
20 years, subject to the agency making sufficient annual
1264
appropriations based upon continued realized energy savings.
1265
(h) The guaranteed energy performance savings contract must
1266
stipulate that it does not constitute a debt, liability, or
1267
obligation of the state.
1268
(6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The
1269
Department of Management Services, with the assistance of the
1270
Office of the Chief Financial Officer, shall may, within
1271
available resources, provide technical content assistance to
1272
state agencies contracting for energy conservation measures and
1273
engage in other activities considered appropriate by the
1274
department for promoting and facilitating guaranteed energy
1275
performance contracting by state agencies. The Office of the
1276
Chief Financial Officer, with the assistance of the Department of
1277
Management Services, shall may, within available resources,
1278
develop model contractual and related documents for use by state
1279
agencies. Prior to entering into a guaranteed energy performance
1280
savings contract, any contract or lease for third-party
1281
financing, or any combination of such contracts, a state agency
1282
shall submit such proposed contract or lease to the Office of the
1283
Chief Financial Officer for review and approval. A proposed
1284
contract or lease shall include:
1285
(a) Supporting information required by s. 216.023(4)(a)9.
1286
(b) Documentation supporting recurring funds requirements
1288
(c) Approval by the agency head or his or her designee.
1289
(d) An agency measurement and verification plan to monitor
1290
costs savings.
1291
(7) FUNDING SUPPORT.--For purposes of consolidated
1292
financing of deferred payment commodity contracts under this
1293
section by a state agency, any such contract must be supported
1294
from available recurring funds appropriated to the agency in an
1295
appropriation category, as defined in chapter 216, which the
1296
Chief Financial Officer has determined is appropriate or which
1297
the Legislature has designated for payment of the obligation
1298
incurred under this section.
1299
1300
The Office of the Chief Financial Officer may not approve any
1301
contract submitted under this section which does not meet the
1302
requirements of this section.
1303
Section 23. Section 570.958, Florida Statutes, is created
1304
to read:
1305
570.958 Biofuel Retail Sales Incentive Program.--
1306
(1) The purpose of this section is to encourage the retail
1307
sale of biofuels in this state and replace petroleum consumption
1308
in the state by the following percentages over the specified
1309
periods:
1310
(a) Three percent from January 1, 2010, through December
1311
31, 2010.
1312
(b) Five percent from January 1, 2011, through December 31,
1313
2011.
1314
(c) Seven percent from January 1, 2012, through December
1315
31, 2012.
1316
(d) Ten percent from January 1, 2013, through December 31,
1317
2013.
1318
(2) As used in this section, the term:
1319
(a) "Biodiesel" means the mono-alkyl esters of long-chain
1320
fatty acids derived from plant or animal matter for use as a
1321
source of energy and meeting the specifications for biodiesel and
1322
biodiesel blended with petroleum products as adopted by the
1323
department.
1324
(b) "Biofuel" means E85 fuel ethanol, E10 motor fuel,
1325
biodiesel, and diesel blended fuel.
1326
(c) "Diesel blended fuel" means a fuel mixture containing
1327
10 percent or more biodiesel or renewable diesel fuel, with the
1328
balance comprised of diesel fuel and meeting the specifications
1329
for diesel blends as adopted by the department.
1330
(d) "E85 fuel ethanol" means ethanol blended with gasoline
1331
and formulated with a nominal percentage of 85 percent ethanol by
1332
volume and meeting the applicable fuel quality specifications as
1333
adopted by the department.
1334
(e) "E10 motor fuel" means a motor fuel blend consisting of
1335
nominal percentages of 90 percent gasoline by volume and 10
1336
percent ethanol by volume and meeting the fuel quality
1337
specifications for gasoline as adopted by the department.
1338
(f) "Ethanol or fuel ethanol" means an anhydrous denatured
1339
alcohol produced by the conversion of carbohydrates and meeting
1340
the specifications for fuel ethanol as adopted by the department.
1341
(g) "Fuel dispenser" means a pump, meter, or similar device
1342
used to measure and deliver motor fuel or diesel fuel on a retail
1343
basis.
1344
(h) "Renewable diesel fuel" means a fuel that meets the
1345
registration requirements for fuels and fuel additives
1346
established by the Environmental Protection Agency in the Clean
1347
Air Act; is not a mono-alkyl ester; is intended for use in
1348
engines that are designed to run on conventional, petroleum-
1349
derived diesel fuel; is derived from nonpetroleum renewable
1350
resources, including, but not limited to, vegetable oils, animal
1351
wastes, including poultry fats and poultry wastes, and other
1352
waste materials, or municipal solid waste and sludges and oils
1353
derived from wastewater and the treatment of wastewater; and
1354
meets the specifications for diesel fuel as adopted by the
1355
department.
1356
(i) "Retail dealer" means any person who is engaged in the
1357
business of selling fuel at retail at posted retail prices.
1358
(j) "Retail motor fuel site" means a geographic location in
1359
this state where a retail dealer sells or offers for sale motor
1360
fuel, diesel fuel, or biofuel to the public.
1361
(3)(a) Subject to specific appropriation, a retail dealer
1362
who sells biofuel through fuel dispensers at retail motor fuel
1363
sites is entitled to an incentive payment that shall be computed
1364
as follows:
1365
1. An incentive of 1 cent for each gallon of E10 motor fuel
1366
sold through a fuel dispenser.
1367
2. An incentive of 5 cents for each gallon of E85 fuel
1368
ethanol sold through a fuel dispenser.
1369
3. An incentive of 1 cent for each gallon of diesel blended
1370
fuel sold through a fuel dispenser.
1371
4. An incentive of 3 cents for each gallon of biodiesel
1372
sold through a fuel dispenser.
1373
(b) The incentive may be claimed for biofuel sold on or
1374
after January 1, 2010. Beginning in 2011, each applicant claiming
1375
an incentive under this section must first apply to the
1376
department by February 1 of each year for an allocation of the
1377
available incentive for the preceding calendar year. The
1378
department shall develop an application form. The application
1379
form shall, at a minimum, require a sworn affidavit from each
1380
retail dealer certifying the following information:
1381
1. The name and principal address of the retail dealer.
1382
2. The address of the retail dealer's retail motor fuel
1383
sites from which it sold biofuels during the preceding calendar
1384
year.
1385
3. The total gallons of E10 ethanol sold through fuel
1386
dispensers.
1387
4. The total gallons of E85 ethanol sold through fuel
1388
dispensers.
1389
5. The total gallons of diesel blended fuel sold through
1390
fuel dispensers.
1391
6. The total gallons of biodiesel sold through fuel
1392
dispensers.
1393
7. Any other information deemed necessary by the department
1394
to adequately ensure that the incentive allowed under this
1395
section shall be made only to qualified Florida retail dealers.
1396
(c) The department shall determine the amount of the
1397
incentive allowed under this section.
1398
(4) If the amount of incentives applied for each year
1399
exceeds the amount appropriated, the department shall pay to each
1400
applicant a prorated amount based on each applicant's gallonage
1401
of qualified biofuel sold and dispensed that is eligible for the
1402
incentive under this section.
1403
(5) The department may adopt rules pursuant to ss.
1405
including rules prescribing forms, the documentation needed to
1406
substantiate a claim for the incentive, and the specific
1407
procedures and guidelines for claiming the incentive.
1408
Section 24. Section 570.959, Florida Statutes, is created
1409
to read:
1410
570.959 Florida Biofuel Production Incentive Program.--
1411
(1) The purpose of this section is to encourage the
1412
development and expansion of facilities that produce biofuels in
1413
this state from crops, agricultural waste and residues, and other
1414
biomass produced in this state by providing economic incentives
1415
to do so.
1416
(2) As used in this section, the term:
1417
(a) "Biodiesel" means the mono-alkyl esters of long-chain
1418
fatty acids derived from plant or animal matter for use as a
1419
source of energy and meeting the specifications for biodiesel and
1420
biodiesel blended with petroleum products as adopted by the
1421
department.
1422
(b) "Biofuel" means ethanol or biodiesel.
1423
(c) "Ethanol" or "fuel ethanol" means an anhydrous
1424
denatured alcohol produced by the conversion of carbohydrates and
1425
meeting the specifications for fuel ethanol adopted by the
1426
department.
1427
(d) "Florida biofuel production" means production of
1428
biofuel in the state from crops, agricultural waste and residues,
1429
and other biomass produced in this state.
1430
(3) In order to be eligible for the incentive provided in
1431
this section, a producer must have registered and have met the
1432
requirements contained in chapter 206.
1433
(4) An incentive, subject to appropriation, shall be paid
1434
to a producer based on Florida biofuel production as follows:
1435
(a) The incentive shall be 5 cents for each gallon of
1436
unblended Florida biofuel produced, exclusive of denaturant,
1437
during a given calendar year and sold to an unrelated blender of
1438
biofuel.
1439
(b) The incentive may be earned for production on or after
1440
January 1, 2010. Beginning in 2011, each producer claiming an
1441
incentive under this section must first apply to the department
1442
by February 1 of each year for an allocation of available
1443
incentives. The department shall develop an application form that
1444
shall, at a minimum, require a sworn affidavit from each producer
1445
certifying the production that forms the basis of the application
1446
and certifying that all information contained in the application
1447
is true and correct.
1448
(c) The department shall determine whether or not such
1449
production is eligible for the incentive under this section.
1450
(d) If the amount of incentives applied for each year
1451
exceeds the amount appropriated, the department shall pay to each
1452
applicant a prorated amount based on the percentage of biofuel
1453
produced that is eligible for the incentive under this section.
1454
(5) The department may adopt rules pursuant to ss.
1456
including rules prescribing forms, the documentation needed to
1457
substantiate a claim for the incentive, and the specific
1458
procedures and guidelines for claiming the incentive.
1459
Section 25. (1) The Florida Building Commission shall
1460
convene a workgroup comprised of representatives from the Florida
1461
Energy Commission, the Department of Community Affairs, the
1462
Building Officials Association of Florida, the Florida Energy
1463
Office, the Florida Home Builders Association, the Association of
1464
Counties, the League of Cities, and other stakeholders to develop
1465
a model residential energy efficiency ordinance that provides
1466
incentives to meet energy efficiency standards. The commission
1467
must report back to the Legislature with a developed ordinance by
1468
March 1, 2010.
1469
(2) The Florida Building Commission shall, in consultation
1470
with the Florida Energy Commission, the Building Officials
1471
Association of Florida, the Florida Energy Office, the Florida
1472
Home Builders Association, the Association of Counties, the
1473
League of Cities, and other stakeholders, review the Florida
1474
Energy Code for Building Construction. Specifically, the
1475
commission shall revisit the analysis of cost-effectiveness that
1476
serves as the basis for energy efficiency levels for residential
1477
buildings, identify cost-effective means to improve energy
1478
efficiency in commercial buildings, and compare the code to the
1479
International Energy Conservation Code and the American Society
1480
of Heating Air-Conditioning and Refrigeration Engineers Standards
1481
90.1 and 90.2. The commission shall provide a report containing a
1482
standard to the Legislature by March 1, 2010, which may be
1483
adopted for the construction of all new residential, commercial,
1484
and government buildings.
1485
(3) The Florida Building Commission, in consultation with
1486
the Florida Solar Energy Center, the Florida Energy Commission,
1487
the Florida Energy Office, the United States Department of
1488
Energy, and the Florida Home Builders Association, shall develop
1489
and implement a public awareness campaign that promotes energy
1490
efficiency and the benefits of building green by January 1, 2010.
1491
The campaign must include enhancement of an existing web site
1492
from which the public can obtain information pertaining to green
1493
building practices, calculate anticipated savings from use of
1494
those options, as well as learn about energy efficiency
1495
strategies that may be used in their existing home or when
1496
building a home. The campaign shall focus on the benefits of
1497
promoting energy efficiency to the purchasers of new homes, the
1498
various green building ratings available, and the promotion of
1499
various energy-efficient products through existing trade shows.
1500
The campaign must also include strategies for using print
1501
advertising, press releases, and television advertising to
1502
promote voluntary use of green building practices.
1503
Section 26. (1) The Legislature declares that there is an
1504
important state interest in promoting the construction of energy-
1505
efficient and sustainable buildings. Government leadership in
1506
promoting these standards is vital to demonstrate the state's
1507
commitment to energy conservation, saving taxpayers money, and
1508
raising public awareness of energy-rating systems.
1509
(2) All county, municipal, and public community college
1510
buildings shall be constructed to meet the United States Green
1511
Building Council (USGBC) Leadership in Energy and Environmental
1512
Design (LEED) rating system, Green Building Initiative's Green
1513
Globes rating system, or a nationally recognized, high-
1514
performance green building rating system as approved by the
1515
Department of Management Services. This section applies to all
1516
county, municipal, and public community college buildings whose
1517
architectural plans are started after July 1, 2010.
1518
Section 27. State fleet biodiesel usage.--
1519
(1) By July 1, 2010, a minimum of 5 percent, by January 1,
1520
2011, a minimum of 10 percent, and by January 1, 2012, a minimum
1521
of 20 percent of total diesel fuel purchases for use by state-
1522
owned diesel vehicles and equipment shall be biodiesel fuel
1523
(B20), subject to availability.
1524
(2) By July 1, 2010, a minimum of 5 percent, by January 1,
1525
2011, a minimum of 10 percent, and by January 1, 2012, a minimum
1526
of 20 percent of total fuel purchases for use by state-owned
1527
flex-fuel vehicles shall be ethanol, subject to availability.
1528
(3) The Department of Management Services shall provide for
1529
the proper administration, implementation, and enforcement of
1530
this section.
1531
(4) The Department of Management Services shall report to
1532
the Legislature on or before March 1, 2010, and annually
1533
thereafter, the extent of biodiesel and ethanol use in the state
1534
fleet. The report must contain the number of gallons purchased
1535
since July 1, 2008, the average price of biodiesel and ethanol,
1536
and a description of fleet performance.
1537
Section 28. School district biodiesel usage.--
1538
(1) By January 1, 2010, a minimum of 20 percent of total
1539
diesel fuel purchases for use by school districts shall be
1540
biodiesel fuel (B20), subject to availability.
1541
(2) If a school district contracts with another government
1542
entity or private entity to provide transportation services for
1543
any of its pupils, the biodiesel blend fuel requirement
1544
established pursuant to subsection (1) shall be part of that
1545
contract. However, this requirement applies only to contracts
1546
entered into on or after July 1, 2009.
1547
Section 29. Except as otherwise expressly provided in this
1548
act and except for this section, which shall take effect upon
1549
becoming a law, this act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.