1 | A bill to be entitled |
2 | An act relating to the tax on sales, use, and other |
3 | transactions; amending s. 212.08, F.S.; expanding the |
4 | definition of the term "biodiesel" for certain tax |
5 | exemption purposes; deleting an expiration provision; |
6 | reenacting s. 220.192(1)(a) , F.S., relating to the |
7 | renewable energy technologies investment tax credit, to |
8 | incorporate the amendment to s. 212.08, F.S., in a |
9 | reference thereto; providing an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Paragraph (ccc) of subsection (7) of section |
14 | 212.08, Florida Statutes, is amended to read: |
15 | 212.08 Sales, rental, use, consumption, distribution, and |
16 | storage tax; specified exemptions.--The sale at retail, the |
17 | rental, the use, the consumption, the distribution, and the |
18 | storage to be used or consumed in this state of the following |
19 | are hereby specifically exempt from the tax imposed by this |
20 | chapter. |
21 | (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any |
22 | entity by this chapter do not inure to any transaction that is |
23 | otherwise taxable under this chapter when payment is made by a |
24 | representative or employee of the entity by any means, |
25 | including, but not limited to, cash, check, or credit card, even |
26 | when that representative or employee is subsequently reimbursed |
27 | by the entity. In addition, exemptions provided to any entity by |
28 | this subsection do not inure to any transaction that is |
29 | otherwise taxable under this chapter unless the entity has |
30 | obtained a sales tax exemption certificate from the department |
31 | or the entity obtains or provides other documentation as |
32 | required by the department. Eligible purchases or leases made |
33 | with such a certificate must be in strict compliance with this |
34 | subsection and departmental rules, and any person who makes an |
35 | exempt purchase with a certificate that is not in strict |
36 | compliance with this subsection and the rules is liable for and |
37 | shall pay the tax. The department may adopt rules to administer |
38 | this subsection. |
39 | (ccc) Equipment, machinery, and other materials for |
40 | renewable energy technologies.-- |
41 | 1. As used in this paragraph, the term: |
42 | a. "Biodiesel" means: |
43 | (I) The mono-alkyl esters of long-chain fatty acids |
44 | derived from plant or animal matter for use as a source of |
45 | energy and meeting the specifications for biodiesel and |
46 | biodiesel blends with petroleum products as adopted by the |
47 | Department of Agriculture and Consumer Services. Biodiesel may |
48 | refer to biodiesel blends designated BXX, where XX represents |
49 | the volume percentage of biodiesel fuel in the blend; or |
50 | (II) A substitute for diesel fuel that is derived from |
51 | nonpetroleum renewable resources; is produced from biological |
52 | sources; when intended for use in motor vehicles, is registered |
53 | under 40 C.F.R. part 79 as a motor vehicle fuel or fuel |
54 | additive; and, when intended for use in non-motor-vehicle |
55 | applications, is properly registered as required by existing |
56 | federal or state law. |
57 | b. "Ethanol" means an anhydrous denatured alcohol produced |
58 | by the conversion of carbohydrates meeting the specifications |
59 | for fuel ethanol and fuel ethanol blends with petroleum products |
60 | as adopted by the Department of Agriculture and Consumer |
61 | Services. Ethanol may refer to fuel ethanol blends designated |
62 | EXX, where XX represents the volume percentage of fuel ethanol |
63 | in the blend. |
64 | c. "Hydrogen fuel cells" means equipment using hydrogen or |
65 | a hydrogen-rich fuel in an electrochemical process to generate |
66 | energy, electricity, or the transfer of heat. |
67 | 2. The sale or use of the following in the state is exempt |
68 | from the tax imposed by this chapter: |
69 | a. Hydrogen-powered vehicles, materials incorporated into |
70 | hydrogen-powered vehicles, and hydrogen-fueling stations, up to |
71 | a limit of $2 million in tax each state fiscal year for all |
72 | taxpayers. |
73 | b. Commercial stationary hydrogen fuel cells, up to a |
74 | limit of $1 million in tax each state fiscal year for all |
75 | taxpayers. |
76 | c. Materials used in the distribution of biodiesel (B10- |
77 | B100) and ethanol (E10-E100), including fueling infrastructure, |
78 | transportation, and storage, up to a limit of $1 million in tax |
79 | each state fiscal year for all taxpayers. Gasoline fueling |
80 | station pump retrofits for ethanol (E10-E100) distribution |
81 | qualify for the exemption provided in this sub-subparagraph. |
82 | 3. The Florida Energy and Climate Commission shall provide |
83 | to the department a list of items eligible for the exemption |
84 | provided in this paragraph. |
85 | 4.a. The exemption provided in this paragraph shall be |
86 | available to a purchaser only through a refund of previously |
87 | paid taxes. An eligible item is subject to refund one time. A |
88 | person who has received a refund on an eligible item shall |
89 | notify the next purchaser of the item that such item is no |
90 | longer eligible for a refund of paid taxes. This notification |
91 | shall be provided to each subsequent purchaser on the sales |
92 | invoice or other proof of purchase. |
93 | b. To be eligible to receive the exemption provided in |
94 | this paragraph, a purchaser shall file an application with the |
95 | Florida Energy and Climate Commission. The application shall be |
96 | developed by the Florida Energy and Climate Commission, in |
97 | consultation with the department, and shall require: |
98 | (I) The name and address of the person claiming the |
99 | refund. |
100 | (II) A specific description of the purchase for which a |
101 | refund is sought, including, when applicable, a serial number or |
102 | other permanent identification number. |
103 | (III) The sales invoice or other proof of purchase showing |
104 | the amount of sales tax paid, the date of purchase, and the name |
105 | and address of the sales tax dealer from whom the property was |
106 | purchased. |
107 | (IV) A sworn statement that the information provided is |
108 | accurate and that the requirements of this paragraph have been |
109 | met. |
110 | c. Within 30 days after receipt of an application, the |
111 | Florida Energy and Climate Commission shall review the |
112 | application and shall notify the applicant of any deficiencies. |
113 | Upon receipt of a completed application, the Florida Energy and |
114 | Climate Commission shall evaluate the application for exemption |
115 | and issue a written certification that the applicant is eligible |
116 | for a refund or issue a written denial of such certification |
117 | within 60 days after receipt of the application. The Florida |
118 | Energy and Climate Commission shall provide the department with |
119 | a copy of each certification issued upon approval of an |
120 | application. |
121 | d. Each certified applicant shall be responsible for |
122 | forwarding a certified copy of the application and copies of all |
123 | required documentation to the department within 6 months after |
124 | certification by the Florida Energy and Climate Commission. |
125 | e. A refund approved pursuant to this paragraph shall be |
126 | made within 30 days after formal approval by the department. |
127 | f. The Florida Energy and Climate Commission may adopt the |
128 | form for the application for a certificate, requirements for the |
129 | content and format of information submitted to the Florida |
130 | Energy and Climate Commission in support of the application, |
131 | other procedural requirements, and criteria by which the |
132 | application will be determined by rule. The department may adopt |
133 | all other rules pursuant to ss. 120.536(1) and 120.54 to |
134 | administer this paragraph, including rules establishing |
135 | additional forms and procedures for claiming this exemption. |
136 | g. The Florida Energy and Climate Commission shall be |
137 | responsible for ensuring that the total amounts of the |
138 | exemptions authorized do not exceed the limits as specified in |
139 | subparagraph 2. |
140 | 5. The Florida Energy and Climate Commission shall |
141 | determine and publish on a regular basis the amount of sales tax |
142 | funds remaining in each fiscal year. |
143 | 6. This paragraph expires July 1, 2010. |
144 | Section 2. For the purpose of incorporating the amendment |
145 | made by this act to section 212.08, Florida Statutes, in a |
146 | reference thereto, paragraph (a) of subsection (1) of section |
147 | 220.192, Florida Statutes, is reenacted to read: |
148 | 220.192 Renewable energy technologies investment tax |
149 | credit.-- |
150 | (1) DEFINITIONS.--For purposes of this section, the term: |
151 | (a) "Biodiesel" means biodiesel as defined in s. |
152 | 212.08(7)(ccc). |
153 | Section 3. This act shall take effect July 1, 2010. |