Amendment
Bill No. HB 7135

Amendment No. 635779

CHAMBER ACTION
Senate		House
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1	Representative Mayfield offered the following:
2
3	Amendment (with title amendment)
4	Remove lines 691-848 and insert:
5	3.  The Florida Energy and Climate Commission Department of
6	Environmental Protection shall provide to the department a list
7	of items eligible for the exemption provided in this paragraph.
8	4.a.  The exemption provided in this paragraph shall be
9	available to a purchaser only through a refund of previously
10	paid taxes. An eligible item is subject to refund one time. A
11	person who has received a refund on an eligible item shall
12	notify the next purchaser of the item that such item is no
13	longer eligible for a refund of paid taxes. This notification
14	shall be provided to each subsequent purchaser on the sales
15	invoice or other proof of purchase.
16	b.  To be eligible to receive the exemption provided in
17	this paragraph, a purchaser shall file an application with the
18	Florida Energy and Climate Commission Department of
19	Environmental Protection. The application shall be developed by
20	the Florida Energy and Climate Commission Department of
21	Environmental Protection, in consultation with the department,
22	and shall require:
23	(I)  The name and address of the person claiming the
24	refund.
25	(II)  A specific description of the purchase for which a
26	refund is sought, including, when applicable, a serial number or
27	other permanent identification number.
28	(III)  The sales invoice or other proof of purchase showing
29	the amount of sales tax paid, the date of purchase, and the name
30	and address of the sales tax dealer from whom the property was
31	purchased.
32	(IV)  A sworn statement that the information provided is
33	accurate and that the requirements of this paragraph have been
34	met.
35	c.  Within 30 days after receipt of an application, the
36	Florida Energy and Climate Commission Department of
37	Environmental Protection shall review the application and shall
38	notify the applicant of any deficiencies. Upon receipt of a
39	completed application, the Florida Energy and Climate Commission
40	Department of Environmental Protection shall evaluate the
41	application for exemption and issue a written certification that
42	the applicant is eligible for a refund or issue a written denial
43	of such certification within 60 days after receipt of the
44	application. The Florida Energy and Climate Commission
45	Department of Environmental Protection shall provide the
46	department with a copy of each certification issued upon
47	approval of an application.
48	d.  Each certified applicant shall be responsible for
49	forwarding a certified copy of the application and copies of all
50	required documentation to the department within 6 months after
51	certification by the Florida Energy and Climate Commission
52	Department of Environmental Protection.
53	e.  The provisions of s. 212.095 do not apply to any refund
54	application made pursuant to this paragraph. A refund approved
55	pursuant to this paragraph shall be made within 30 days after
56	formal approval by the department.
57	f.  The Florida Energy and Climate Commission may adopt the
58	form for the application for a certificate, requirements for the
59	content and format of information submitted to the Florida
60	Energy and Climate Commission in support of the application,
61	other procedural requirements, and criteria by which the
62	application will be determined by rule. The department may adopt
63	all other rules pursuant to ss. 120.536(1) and 120.54 to
64	administer this paragraph, including rules establishing
65	additional forms and procedures for claiming this exemption.
66	g.  The Florida Energy and Climate Commission Department of
67	Environmental Protection shall be responsible for ensuring that
68	the total amounts of the exemptions authorized do not exceed the
69	limits as specified in subparagraph 2.
70	5.  The Florida Energy and Climate Commission Department of
71	Environmental Protection shall determine and publish on a
72	regular basis the amount of sales tax funds remaining in each
73	fiscal year.
74	6.  This paragraph expires July 1, 2010.
75	Section 9.  Present subsections (1), (3), (6), and (7) of
76	section 220.192, Florida Statutes, are amended, and a new
77	subsection (6) is added to that section, to read:
78	220.192  Renewable energy technologies investment tax
79	credit.--
80	(1)  DEFINITIONS.--For purposes of this section, the term:
81	(a)  "Biodiesel" means biodiesel as defined in s.
82	212.08(7)(ccc).
83	(b)  "Corporation" includes a general partnership, limited
84	partnership, limited liability company, unincorporated business,
85	or other business entity, including entities taxed as
86	partnerships for federal income tax purposes.
87	(c)(b)  "Eligible costs" means:
88	1.  Seventy-five percent of all capital costs, operation
89	and maintenance costs, and research and development costs
90	incurred between July 1, 2006, and June 30, 2010, up to a limit
91	of $3 million per state fiscal year for all taxpayers, in
92	connection with an investment in hydrogen-powered vehicles and
93	hydrogen vehicle fueling stations in the state, including, but
94	not limited to, the costs of constructing, installing, and
95	equipping such technologies in the state.
96	2.  Seventy-five percent of all capital costs, operation
97	and maintenance costs, and research and development costs
98	incurred between July 1, 2006, and June 30, 2010, up to a limit
99	of $1.5 million per state fiscal year for all taxpayers, and
100	limited to a maximum of $12,000 per fuel cell, in connection
101	with an investment in commercial stationary hydrogen fuel cells
102	in the state, including, but not limited to, the costs of
103	constructing, installing, and equipping such technologies in the
104	state.
105	3.  Seventy-five percent of all capital costs, operation
106	and maintenance costs, and research and development costs
107	incurred between July 1, 2006, and June 30, 2010, up to a limit
108	of $6.5 million per state fiscal year for all taxpayers, in
109	connection with an investment in the production, storage, and
110	distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
111	the state, including the costs of constructing, installing, and
112	equipping such technologies in the state. Gasoline fueling
113	station pump retrofits for ethanol (E10-E100) distribution
114	qualify as an eligible cost under this subparagraph.
115	(d)(c)  "Ethanol" means ethanol as defined in s.
116	212.08(7)(ccc).
117	(e)(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
118	defined in s. 212.08(7)(ccc).
119	(f)  "Taxpayer" includes a corporation as defined in
120	paragraph (b) or s. 220.03.
121	(3)  CORPORATE APPLICATION PROCESS.--Any corporation
122	wishing to obtain tax credits available under this section must
123	submit to the Florida Energy and Climate Commission Department
124	of Environmental Protection an application for tax credit that
125	includes a complete description of all eligible costs for which
126	the corporation is seeking a credit and a description of the
127	total amount of credits sought. The Florida Energy and Climate
128	Commission Department of Environmental Protection shall make a
129	determination on the eligibility of the applicant for the
130	credits sought and certify the determination to the applicant
131	and the Department of Revenue. The corporation must attach the
132	Florida Energy and Climate Commission's Department of
133	Environmental Protection's certification to the tax return on
134	which the credit is claimed. The Florida Energy and Climate
135	Commission Department of Environmental Protection shall be
136	responsible for ensuring that the corporate income tax credits
137	granted in each fiscal year do not exceed the limits provided
138	for in this section. The Florida Energy and Climate Commission
139	Department of Environmental Protection is authorized to adopt
140	the necessary rules, guidelines, and application materials for
141	the application process.
142	(6)  TRANSFERABILITY OF CREDIT.--
143	(a)  For tax years beginning on or after January 1, 2009,
144	any corporation or subsequent transferee allowed a tax credit
145	under this section may transfer the credit, in whole or in part,
146	to any taxpayer by written agreement without transferring any
147	ownership interest in the property generating the credit or any
148	interest in the entity owning such property. The transferee is
149	entitled to apply the credits against the tax with the same
150	effect as if the transferee had incurred the eligible costs.
151	(b)  To perfect the transfer, the transferor shall provide
152	the department with a written transfer statement notifying the
153	department of the transferor's intent to transfer the tax
154	credits to the transferee; the date the transfer is effective;
155	the transferee's name, address, and federal taxpayer
156	identification number; the tax period; and the amount of tax
157	credits to be transferred. The department shall, upon receipt of
158	a transfer statement conforming to the requirements of this
159	section, provide the transferee with a certificate reflecting
160	the tax credit amounts transferred. A copy of the certificate
161	must be attached to each tax return for which the transferee
162	seeks to apply such tax credits.
163	(c)  A tax credit authorized under this section that is
164	held by a corporation and not transferred under this subsection
165	shall be passed through to the taxpayers designated as partners,
166	members, or owners, respectively, in the manner agreed to by
167	such persons regardless of whether such partners, members, or
168	owners are allocated or allowed any portion of the federal
169	energy tax credit for the eligible costs. A corporation that
170	passes the credit through to a partner, member, or owner must
171	comply with the notification requirements described in paragraph
172	(b). The partner, member, or owner must attach a copy of the
173	certificate to each tax return on which the partner, member, or
174	owner claims any portion of the credit.
175	(7)(6)  RULES.--The Department of Revenue shall have the
176	authority to adopt rules pursuant to ss. 120.536(1) and 120.54
177	to administer this section, including rules relating to:
178	(a)  The forms required to claim a tax credit under this
179	section, the requirements and basis for establishing an
180	entitlement to a credit, and the examination and audit
181	procedures required to administer this section.
182	(b)  The implementation and administration of the
183	provisions allowing a transfer of a tax credit, including rules
184	prescribing forms, reporting requirements, and specific
185	procedures, guidelines, and requirements necessary to transfer a
186	tax credit.
187	(8)(7)  PUBLICATION.--The Florida Energy and Climate
188	Commission Department of Environmental Protection shall
189	determine and publish on a regular basis the
190
191
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193	T I T L E  A M E N D M E N T
194	Remove lines 34-43 and insert:
195	limited to one refund; requiring a person who receives a refund
196	to notify a subsequent purchaser of such refund; transferring
197	certain duties and responsibilities from the Department of
198	Environmental Protection to the Florida Energy and Climate
199	Commission; requiring the Florida Energy and Climate Commission
200	to adopt, by rule, an application form for claiming a tax
201	exemption; amending s. 220.192, F.S.; defining terms related to
202	a tax credit; allowing the tax credit to be transferred for a
203	specified period; providing procedures and requirements;
204	requiring the Department of Revenue to adopt rules for
205	implementation and administration of the program; transferring
206	certain duties and responsibilities from the Department of
207	Environmental Protection to the Florida Energy and Climate
208	Commission; amending s. 220.193, F.S.; defining the terms

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