HB 1281

1	A bill to be entitled
2	An act relating to energy conservation; amending s.
3	212.055, F.S.; providing for a portion of the proceeds of
4	the local government infrastructure surtax to be used for
5	financial assistance to homeowners who make energy
6	efficiency improvements or install renewable energy
7	devices; defining the terms "renewable energy devices" and
8	"energy efficiency improvement"; providing an effective
9	date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Paragraph (d) of subsection (2) of section
14	212.055, Florida Statutes, is amended to read:
15	212.055  Discretionary sales surtaxes; legislative intent;
16	authorization and use of proceeds.-It is the legislative intent
17	that any authorization for imposition of a discretionary sales
18	surtax shall be published in the Florida Statutes as a
19	subsection of this section, irrespective of the duration of the
20	levy. Each enactment shall specify the types of counties
21	authorized to levy; the rate or rates which may be imposed; the
22	maximum length of time the surtax may be imposed, if any; the
23	procedure which must be followed to secure voter approval, if
24	required; the purpose for which the proceeds may be expended;
25	and such other requirements as the Legislature may provide.
26	Taxable transactions and administrative procedures shall be as
27	provided in s. 212.054.
28	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-
29	(d)  The proceeds of the surtax authorized by this
30	subsection and any accrued interest shall be expended by the
31	school district, within the county and municipalities within the
32	county, or, in the case of a negotiated joint county agreement,
33	within another county, to finance, plan, and construct
34	infrastructure; to acquire land for public recreation,
35	conservation, or protection of natural resources; to provide
36	financial assistance to owners of residential property who make
37	energy efficiency improvements to, or purchase and install
38	renewable energy devices in, the residential property; or to
39	finance the closure of county-owned or municipally owned solid
40	waste landfills that have been closed or are required to be
41	closed by order of the Department of Environmental Protection.
42	Any use of the proceeds or interest for purposes of landfill
43	closure before July 1, 1993, is ratified. The proceeds and any
44	interest may not be used for the operational expenses of
45	infrastructure, except that a county that has a population of
46	fewer than 75,000 and that is required to close a landfill may
47	use the proceeds or interest for long-term maintenance costs
48	associated with landfill closure. Counties, as defined in s.
49	125.011, and charter counties may, in addition, use the proceeds
50	or interest to retire or service indebtedness incurred for bonds
51	issued before July 1, 1987, for infrastructure purposes, and for
52	bonds subsequently issued to refund such bonds. Any use of the
53	proceeds or interest for purposes of retiring or servicing
54	indebtedness incurred for refunding bonds before July 1, 1999,
55	is ratified.
56	1.  For the purposes of this paragraph, the term
57	"infrastructure" means:
58	a.  Any fixed capital expenditure or fixed capital outlay
59	associated with the construction, reconstruction, or improvement
60	of public facilities that have a life expectancy of 5 or more
61	years and any related land acquisition, land improvement,
62	design, and engineering costs.
63	b.  A fire department vehicle, an emergency medical service
64	vehicle, a sheriff's office vehicle, a police department
65	vehicle, or any other vehicle, and the equipment necessary to
66	outfit the vehicle for its official use or equipment that has a
67	life expectancy of at least 5 years.
68	c.  Any expenditure for the construction, lease, or
69	maintenance of, or provision of utilities or security for,
70	facilities, as defined in s. 29.008.
71	d.  Any fixed capital expenditure or fixed capital outlay
72	associated with the improvement of private facilities that have
73	a life expectancy of 5 or more years and that the owner agrees
74	to make available for use on a temporary basis as needed by a
75	local government as a public emergency shelter or a staging area
76	for emergency response equipment during an emergency officially
77	declared by the state or by the local government under s.
78	252.38. Such improvements are limited to those necessary to
79	comply with current standards for public emergency evacuation
80	shelters. The owner must enter into a written contract with the
81	local government providing the improvement funding to make the
82	private facility available to the public for purposes of
83	emergency shelter at no cost to the local government for a
84	minimum of 10 years after completion of the improvement, with
85	the provision that the obligation will transfer to any
86	subsequent owner until the end of the minimum period.
87	e.  Any land acquisition expenditure for a residential
88	housing project in which at least 30 percent of the units are
89	affordable to individuals or families whose total annual
90	household income does not exceed 120 percent of the area median
91	income adjusted for household size, if the land is owned by a
92	local government or by a special district that enters into a
93	written agreement with the local government to provide such
94	housing. The local government or special district may enter into
95	a ground lease with a public or private person or entity for
96	nominal or other consideration for the construction of the
97	residential housing project on land acquired pursuant to this
98	sub-subparagraph.
99	2.  For the purposes of this paragraph, the term "renewable
100	energy devices" means any of the following equipment that, when
101	installed in connection with a dwelling unit or other structure,
102	collects, transmits, stores, or uses solar energy, wind energy,
103	or energy derived from geothermal deposits:
104	a.  Solar energy collectors.
105	b.  Storage tanks and other storage systems, excluding
106	swimming pools used as storage tanks.
107	c.  Rockbeds.
108	d.  Thermostats and other control devices.
109	e.  Heat exchange devices.
110	f.  Pumps and fans.
111	g.  Roof ponds.
112	h.  Freestanding thermal containers.
113	i.  Pipes, ducts, refrigerant handling systems, and other
114	equipment used to interconnect such systems; however,
115	conventional backup systems of any type are not included in this
116	definition.
117	j.  Windmills.
118	k.  Wind-driven generators.
119	l.  Power conditioning and storage devices that use wind
120	energy to generate electricity or mechanical forms of energy.
121	m.  Pipes and other equipment used to transmit hot
122	geothermal water to a dwelling or structure from a geothermal
123	deposit.
124	3.  For the purposes of this paragraph, the term "energy
125	efficiency improvement" means any energy conservation and
126	efficiency improvement that reduces consumption through
127	conservation or a more efficient use of electricity, natural
128	gas, propane, or other forms of energy on the property,
129	including, but not limited to, air sealing; installation of
130	insulation; installation of energy-efficient heating, cooling,
131	or ventilation systems; building modifications to increase the
132	use of daylight; replacement of windows; installation of energy
133	controls or energy recovery systems; installation of electric
134	vehicle charging equipment; and installation of efficient
135	lighting equipment.
136	4.2.  Notwithstanding any other provision of this
137	subsection, a local government infrastructure surtax imposed or
138	extended after July 1, 1998, may allocate up to 15 percent of
139	the surtax proceeds for deposit in a trust fund within the
140	county's accounts created for the purpose of funding economic
141	development projects having a general public purpose of
142	improving local economies, including the funding of operational
143	costs and incentives related to economic development. The ballot
144	statement must indicate the intention to make an allocation
145	under the authority of this subparagraph.
146	Section 2.  This act shall take effect July 1, 2011.

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