Florida Senate - 2012 SB 2094
By the Committee on Communications, Energy, and Public Utilities
579-02666-12 20122094__
1 A bill to be entitled
2 An act relating to energy; amending s. 186.801, F.S.;
3 adding factors for the Public Service Commission to
4 consider in reviewing the 10-year site plans submitted
5 to the commission by electric utilities; amending s.
6 212.08, F.S.; providing definitions; providing a sales
7 tax exemption for materials used in the distribution
8 of biodiesel, ethanol, and other renewable fuels;
9 specifying duties of the Department of Agriculture and
10 Consumer Services in evaluating and approving
11 applications for the exemption; authorizing the
12 department to adopt rules; providing for future
13 expiration of the tax exemption; amending s. 220.192,
14 F.S., relating to the renewable energy technologies
15 investment tax credit; revising definitions and
16 defining the term “renewable fuel”; increasing the
17 amount of available tax credit each fiscal year;
18 extending the period during which the renewable energy
19 technologies investment tax credit is available;
20 deleting provisions authorizing a credit for hydrogen
21 powered vehicles and fuel cells; authorizing the
22 Department of Agriculture and Consumer Services to
23 adopt rules; amending s. 220.193, F.S., relating to
24 the Florida renewable energy production credit;
25 extending the period during which the credit is
26 available; specifying the amount that each applicant
27 is eligible to receive in tax credits; amending s.
28 255.257, F.S.; requiring the Department of Management
29 Services to adopt rules for the state energy
30 management plan, in coordination with the Department
31 of Agriculture and Consumer Services; revising the
32 requirements for the state energy management plan;
33 requiring standard and uniform benchmark measures;
34 amending s. 288.106, F.S.; redefining the term “target
35 industry business,” for purposes of a tax refund
36 program, to exclude certain electrical utilities;
37 creating s. 366.94, F.S.; exempting from regulation
38 under ch. 366, F.S., the sale of electricity to the
39 public for the purpose of electric vehicle charging
40 stations; requiring the Florida Building Commission,
41 in coordination with the Department of Agriculture and
42 Consumer Services and the Public Service Commission,
43 to adopt rules to provide uniform standards for
44 building electric vehicle charging stations; providing
45 that the development of uniform standards is preempted
46 to the state; requiring the Department of Agriculture
47 and Consumer Services to develop rules for sales at
48 electric vehicle charging stations; requiring that the
49 Public Service Commission study the effects of
50 charging stations on energy consumption in the state
51 and the effects on the grid; prohibiting the
52 obstruction of a parking space at an electric vehicle
53 charging station; providing a penalty; amending s.
54 403.519, F.S.; requiring the Public Service Commission
55 to consider the need to improve the balance of power
56 plant fuel diversity and reduce Florida’s dependence
57 on natural gas when determining the need for a
58 proposed power plant; amending s. 581.083, F.S.;
59 including algae and blue-green algae in provisions on
60 permitting related to nonnative plants; clarifying
61 exemption provisions; providing greater flexibility in
62 reducing the amount of bond required; requiring the
63 Department of Agriculture and Consumer Services to
64 conduct a statewide forest inventory; requiring the
65 Department of Agriculture and Consumer Services to
66 work with other specified entities to develop
67 information on cost savings for energy efficiency and
68 conservation measures and post it on the department’s
69 website; requiring the Public Service Commission to
70 evaluate the provisions in the Florida Energy
71 Efficiency and Conservation Act; requiring reports to
72 the Legislature and the Executive Office of the
73 Governor; providing an effective date.
74
75 Be It Enacted by the Legislature of the State of Florida:
76
77 Section 1. Subsection (2) of section 186.801, Florida
78 Statutes, is amended to read:
79 186.801 Ten-year site plans.—
80 (2) Within 9 months after the receipt of the proposed plan,
81 the commission shall make a preliminary study of such plan and
82 classify it as “suitable” or “unsuitable.” The commission may
83 suggest alternatives to the plan. All findings of the commission
84 shall be made available to the Department of Environmental
85 Protection for its consideration at any subsequent electrical
86 power plant site certification proceedings. It is recognized
87 that 10-year site plans submitted by an electric utility are
88 tentative information for planning purposes only and may be
89 amended at any time at the discretion of the utility upon
90 written notification to the commission. A complete application
91 for certification of an electrical power plant site under
92 chapter 403, when such site is not designated in the current 10
93 year site plan of the applicant, shall constitute an amendment
94 to the 10-year site plan. In its preliminary study of each 10
95 year site plan, the commission shall consider such plan as a
96 planning document and shall review:
97 (a) The need, including the need as determined by the
98 commission, for electrical power in the area to be served.
99 (b) The effect on fuel diversity within the state.
100 (c) The anticipated environmental impact of each proposed
101 electrical power plant site.
102 (d) Possible alternatives to the proposed plan.
103 (e) The views of appropriate local, state, and federal
104 agencies, including the views of the appropriate water
105 management district as to the availability of water and its
106 recommendation as to the use by the proposed plant of salt water
107 or fresh water for cooling purposes.
108 (f) The extent to which the plan is consistent with the
109 state comprehensive plan.
110 (g) The plan with respect to the information of the state
111 on energy availability and consumption.
112 (h) The amount of renewable energy resources the provider
113 produces or purchases.
114 (i) The amount of renewable energy resources the provider
115 plans to produce or purchase over the 10-year planning horizon
116 and the means by which the production or purchases will be
117 achieved.
118 (j) A statement describing how the production and purchase
119 of renewable energy resources impact the provider’s present and
120 future capacity and energy needs.
121 Section 2. Paragraph (hhh) is added to subsection (7) of
122 section 212.08, Florida Statutes, to read:
123 212.08 Sales, rental, use, consumption, distribution, and
124 storage tax; specified exemptions.—The sale at retail, the
125 rental, the use, the consumption, the distribution, and the
126 storage to be used or consumed in this state of the following
127 are hereby specifically exempt from the tax imposed by this
128 chapter.
129 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
130 entity by this chapter do not inure to any transaction that is
131 otherwise taxable under this chapter when payment is made by a
132 representative or employee of the entity by any means,
133 including, but not limited to, cash, check, or credit card, even
134 when that representative or employee is subsequently reimbursed
135 by the entity. In addition, exemptions provided to any entity by
136 this subsection do not inure to any transaction that is
137 otherwise taxable under this chapter unless the entity has
138 obtained a sales tax exemption certificate from the department
139 or the entity obtains or provides other documentation as
140 required by the department. Eligible purchases or leases made
141 with such a certificate must be in strict compliance with this
142 subsection and departmental rules, and any person who makes an
143 exempt purchase with a certificate that is not in strict
144 compliance with this subsection and the rules is liable for and
145 shall pay the tax. The department may adopt rules to administer
146 this subsection.
147 (hhh) Equipment, machinery, and other materials for
148 renewable energy technologies.—
149 1. As used in this paragraph, the term:
150 a. “Biodiesel” means the mono-alkyl esters of long-chain
151 fatty acids derived from plant or animal matter for use as a
152 source of energy and meeting the specifications for biodiesel
153 and biodiesel blends with petroleum products as adopted by rule
154 of the Department of Agriculture and Consumer Services.
155 Biodiesel may refer to biodiesel blends designated BXX, where XX
156 represents the volume percentage of biodiesel fuel in the blend.
157 b. “Ethanol” means an anhydrous denatured alcohol produced
158 by the conversion of carbohydrates meeting the specifications
159 for fuel ethanol and fuel ethanol blends with petroleum products
160 as adopted by rule of the Department of Agriculture and Consumer
161 Services. Ethanol may refer to fuel ethanol blends designated
162 EXX, where XX represents the volume percentage of fuel ethanol
163 in the blend.
164 c. “Renewable fuel” means a fuel that has been approved by
165 the United States Environmental Protection Agency, that is
166 produced from biomass as defined in s. 366.91(2)(a), and that is
167 used to replace or reduce the quantity of fossil fuel present in
168 a transportation fuel.
169 2. The sale or use of the following materials in the state
170 is exempt from the tax imposed by this chapter. Materials used
171 in the distribution of biodiesel (B10-B100), ethanol (E10-E100),
172 and other renewable fuels, including fueling infrastructure,
173 transportation, and storage, are exempt up to a limit of $1
174 million in tax each state fiscal year for all taxpayers.
175 Gasoline fueling station pump retrofits for biodiesel (B10
176 B100), ethanol (E10-E100), and other renewable fuels
177 distribution qualify for the exemption provided in this
178 paragraph.
179 3. The Department of Agriculture and Consumer Services
180 shall provide to the department a list of items eligible for the
181 exemption provided in this paragraph.
182 4.a. The exemption provided in this paragraph is available
183 to a purchaser only through a refund of previously paid taxes.
184 An eligible item is subject to refund one time. A person who has
185 received a refund on an eligible item must notify the next
186 purchaser of the item that the item is not eligible for a refund
187 of paid taxes. The notification must be provided to each
188 subsequent purchaser on the sales invoice or other proof of
189 purchase.
190 b. To be eligible to receive the exemption provided in this
191 paragraph, a purchaser must file an application with the
192 Department of Agriculture and Consumer Services. The application
193 shall be developed by the Department of Agriculture and Consumer
194 Services, in consultation with the department, and must require:
195 (I) The name and address of the person claiming the refund.
196 (II) A specific description of the purchase for which a
197 refund is sought, including, when applicable, a serial number or
198 other permanent identification number.
199 (III) The sales invoice or other proof of purchase showing
200 the amount of sales tax paid, the date of purchase, and the name
201 and address of the sales tax dealer from whom the property was
202 purchased.
203 (IV) A sworn statement that the information provided is
204 accurate and that the requirements of this paragraph have been
205 met.
206 c. Within 30 days after receipt of an application, the
207 Department of Agriculture and Consumer Services shall evaluate
208 the application and notify the applicant of any deficiencies.
209 Upon receipt of a completed application, the Department of
210 Agriculture and Consumer Services shall evaluate the application
211 for the exemption and issue a written certification that the
212 applicant is eligible for a refund or issue a written denial of
213 the certification. The Department of Agriculture and Consumer
214 Services shall provide the department a copy of each
215 certification issued upon approval of an application.
216 d. Each certified applicant is responsible for forwarding a
217 certified copy of the application and copies of all required
218 documentation to the department within 6 months after
219 certification by the Department of Agriculture and Consumer
220 Services.
221 e. A refund approved pursuant to this paragraph must be
222 made within 30 days after approval by the department.
223 f. The Department of Agriculture and Consumer Services may
224 adopt by rule the form for the application for a certificate,
225 requirements for the content and format of information submitted
226 to the Department of Agriculture and Consumer Services in
227 support of the application, other procedural requirements, and
228 criteria by which the application will be determined. The
229 department may adopt all other rules pursuant to ss. 120.536(1)
230 and 120.54 to administer this paragraph, including rules
231 establishing additional forms and procedures for claiming the
232 exemption.
233 g. The Department of Agriculture and Consumer Services
234 shall ensure that the total amount of the exemptions authorized
235 do not exceed the limits specified in subparagraph 2.
236 5. Approval of the exemptions under this paragraph is on a
237 first-come, first-served basis, based upon the date complete
238 applications are received by the Department of Agriculture and
239 Consumer Services. Incomplete placeholder applications will not
240 be accepted and will not secure a place in the first-come,
241 first-served application line. The Department of Agriculture and
242 Consumer Services shall determine and publish on its website on
243 a regular basis the amount of sales tax funds remaining in each
244 fiscal year.
245 6. This paragraph expires July 1, 2016.
246 Section 3. Subsections (1), (2), (6), (7), and (8) of
247 section 220.192, Florida Statutes, is amended to read:
248 220.192 Renewable energy technologies investment tax
249 credit.—
250 (1) DEFINITIONS.—For purposes of this section, the term:
251 (a) “Biodiesel” means biodiesel as defined in s.
252 212.08(7)(hhh) former s. 212.08(7)(ccc).
253 (b) “Corporation” includes a general partnership, limited
254 partnership, limited liability company, unincorporated business,
255 or other business entity, including entities taxed as
256 partnerships for federal income tax purposes.
257 (c) “Eligible costs” means:
258 1. Seventy-five percent of all capital costs, operation and
259 maintenance costs, and research and development costs incurred
260 between July 1, 2006, and June 30, 2010, up to a limit of $3
261 million per state fiscal year for all taxpayers, in connection
262 with an investment in hydrogen-powered vehicles and hydrogen
263 vehicle fueling stations in the state, including, but not
264 limited to, the costs of constructing, installing, and equipping
265 such technologies in the state.
266 2. Seventy-five percent of all capital costs, operation and
267 maintenance costs, and research and development costs incurred
268 between July 1, 2006, and June 30, 2010, up to a limit of $1.5
269 million per state fiscal year for all taxpayers, and limited to
270 a maximum of $12,000 per fuel cell, in connection with an
271 investment in commercial stationary hydrogen fuel cells in the
272 state, including, but not limited to, the costs of constructing,
273 installing, and equipping such technologies in the state.
274 3. seventy-five percent of all capital costs, operation and
275 maintenance costs, and research and development costs incurred
276 between July 1, 2012, and July 1, 2016 July 1, 2006, and June
277 30, 2010, up to a limit of $10 $6.5 million per state fiscal
278 year for all taxpayers, in connection with an investment in the
279 production, storage, and distribution of biodiesel (B10-B100),
280 and ethanol (E10-E100), and renewable fuel in the state,
281 including the costs of constructing, installing, and equipping
282 such technologies in the state. Gasoline fueling station pump
283 retrofits for ethanol (E10-E100) distribution qualify as an
284 eligible cost under this subparagraph. Each applicant is
285 eligible to receive up to $1 million in tax credits.
286 (d) “Ethanol” means ethanol as defined in s. 212.08(7)(hhh)
287 former s. 212.08(7)(ccc).
288 (e) “Renewable fuel” means a fuel that has been approved by
289 the United States Environmental Protection Agency, that is
290 produced from biomass as defined in s. 366.91(2)(a), and that is
291 used to replace or reduce the quantity of fossil fuel present in
292 a transportation fuel.
293 (e) “Hydrogen fuel cell” means hydrogen fuel cell as
294 defined in former s. 212.08(7)(ccc).
295 (f) “Taxpayer” includes a corporation as defined in
296 paragraph (b) or s. 220.03.
297 (2) TAX CREDIT.—For tax years beginning on or after January
298 1, 2013 January 1, 2007, a credit against the tax imposed by
299 this chapter shall be granted in an amount equal to the eligible
300 costs. Credits may be used in tax years beginning January 1,
301 2013 January 1, 2007, and ending December 31, 2016 December 31,
302 2010, after which the credit shall expire. If the credit is not
303 fully used in any one tax year because of insufficient tax
304 liability on the part of the corporation, the unused amount may
305 be carried forward and used in tax years beginning January 1,
306 2013 January 1, 2007, and ending December 31, 2018 December 31,
307 2012, after which the credit carryover expires and may not be
308 used. A taxpayer that files a consolidated return in this state
309 as a member of an affiliated group under s. 220.131(1) may be
310 allowed the credit on a consolidated return basis up to the
311 amount of tax imposed upon the consolidated group. Any eligible
312 cost for which a credit is claimed and which is deducted or
313 otherwise reduces federal taxable income shall be added back in
314 computing adjusted federal income under s. 220.13.
315 (6) TRANSFERABILITY OF CREDIT.—
316 (a) For tax years beginning on or after January 1, 2014
317 January 1, 2009, any corporation or subsequent transferee
318 allowed a tax credit under this section may transfer the credit,
319 in whole or in part, to any taxpayer by written agreement
320 without transferring any ownership interest in the property
321 generating the credit or any interest in the entity owning such
322 property. The transferee is entitled to apply the credits
323 against the tax with the same effect as if the transferee had
324 incurred the eligible costs.
325 (b) To perfect the transfer, the transferor shall provide
326 the Department of Revenue with a written transfer statement
327 notifying the Department of Revenue of the transferor’s intent
328 to transfer the tax credits to the transferee; the date the
329 transfer is effective; the transferee’s name, address, and
330 federal taxpayer identification number; the tax period; and the
331 amount of tax credits to be transferred. The Department of
332 Revenue shall, upon receipt of a transfer statement conforming
333 to the requirements of this section, provide the transferee with
334 a certificate reflecting the tax credit amounts transferred. A
335 copy of the certificate must be attached to each tax return for
336 which the transferee seeks to apply such tax credits.
337 (c) A tax credit authorized under this section that is held
338 by a corporation and not transferred under this subsection shall
339 be passed through to the taxpayers designated as partners,
340 members, or owners, respectively, in the manner agreed to by
341 such persons regardless of whether such partners, members, or
342 owners are allocated or allowed any portion of the federal
343 energy tax credit for the eligible costs. A corporation that
344 passes the credit through to a partner, member, or owner must
345 comply with the notification requirements described in paragraph
346 (b). The partner, member, or owner must attach a copy of the
347 certificate to each tax return on which the partner, member, or
348 owner claims any portion of the credit.
349 (7) RULES.—The Department of Revenue in coordination with
350 the Department of Agriculture and Consumer Services shall have
351 the authority to adopt rules pursuant to ss. 120.536(1) and
352 120.54 to administer this section, including rules relating to:
353 (a) The forms required to claim a tax credit under this
354 section, the requirements and basis for establishing an
355 entitlement to a credit, and the examination and audit
356 procedures required to administer this section.
357 (b) The implementation and administration of the provisions
358 allowing a transfer of a tax credit, including rules prescribing
359 forms, reporting requirements, and specific procedures,
360 guidelines, and requirements necessary to transfer a tax credit.
361 (8) PUBLICATION.—The Department of Agriculture and Consumer
362 Services shall determine and publish on its website on a regular
363 basis the amount of available tax credits remaining in each
364 fiscal year.
365 Section 4. Section 220.193, Florida Statutes, is amended to
366 read:
367 220.193 Florida renewable energy production credit.—
368 (1) The purpose of this section is to encourage the
369 development and expansion of facilities that produce renewable
370 energy in Florida.
371 (2) As used in this section, the term:
372 (a) “Commission” shall mean the Public Service Commission.
373 (b) “Department” shall mean the Department of Revenue.
374 (c) “Expanded facility” shall mean a Florida renewable
375 energy facility that increases its electrical production and
376 sale by more than 5 percent above the facility’s electrical
377 production and sale during the 2011 2005 calendar year.
378 (d) “Florida renewable energy facility” shall mean a
379 facility in the state that produces electricity for sale from
380 renewable energy, as defined in s. 377.803.
381 (e) “New facility” shall mean a Florida renewable energy
382 facility that is operationally placed in service after May 1,
383 2012 2006.
384 (f) “Sale” or “sold” includes the use of electricity by the
385 producer of such electricity which decreases the amount of
386 electricity that the producer would otherwise have to purchase.
387 (g) “Taxpayer” includes a general partnership, limited
388 partnership, limited liability company, trust, or other
389 artificial entity in which a corporation, as defined in s.
390 220.03(1)(e), owns an interest and is taxed as a partnership or
391 is disregarded as a separate entity from the corporation under
392 this chapter.
393 (3) An annual credit against the tax imposed by this
394 section shall be allowed to a taxpayer, based on the taxpayer’s
395 production and sale of electricity from a new or expanded
396 Florida renewable energy facility. For a new facility, the
397 credit shall be based on the taxpayer’s sale of the facility’s
398 entire electrical production. For an expanded facility, the
399 credit shall be based on the increases in the facility’s
400 electrical production that are achieved after May 1, 2012 2006.
401 Each applicant is eligible to receive up to $500,000 in tax
402 credits.
403 (a) The credit shall be $0.01 for each kilowatt-hour of
404 electricity produced and sold by the taxpayer to an unrelated
405 party during a given tax year.
406 (b) The credit may be claimed for electricity produced and
407 sold on or after January 1, 2013 2007. Beginning in 2014 2008
408 and continuing until 2017 2011, each taxpayer claiming a credit
409 under this section must first apply to the department by
410 February 1 of each year for an allocation of available credit.
411 The department, in consultation with the commission, shall
412 develop an application form. The application form shall, at a
413 minimum, require a sworn affidavit from each taxpayer certifying
414 the increase in production and sales that form the basis of the
415 application and certifying that all information contained in the
416 application is true and correct.
417 (c) If the amount of credits applied for each year exceeds
418 $5 million, the department shall award to each applicant a
419 prorated amount based on each applicant’s increased production
420 and sales and the increased production and sales of all
421 applicants.
422 (d) If the credit granted pursuant to this section is not
423 fully used in one year because of insufficient tax liability on
424 the part of the taxpayer, the unused amount may be carried
425 forward for a period not to exceed 5 years. The carryover credit
426 may be used in a subsequent year when the tax imposed by this
427 chapter for such year exceeds the credit for such year, after
428 applying the other credits and unused credit carryovers in the
429 order provided in s. 220.02(8).
430 (e) A taxpayer that files a consolidated return in this
431 state as a member of an affiliated group under s. 220.131(1) may
432 be allowed the credit on a consolidated return basis up to the
433 amount of tax imposed upon the consolidated group.
434 (f)1. Tax credits that may be available under this section
435 to an entity eligible under this section may be transferred
436 after a merger or acquisition to the surviving or acquiring
437 entity and used in the same manner with the same limitations.
438 2. The entity or its surviving or acquiring entity as
439 described in subparagraph 1. may transfer any unused credit in
440 whole or in units of no less than 25 percent of the remaining
441 credit. The entity acquiring such credit may use it in the same
442 manner and with the same limitations under this section. Such
443 transferred credits may not be transferred again although they
444 may succeed to a surviving or acquiring entity subject to the
445 same conditions and limitations as described in this section.
446 3. In the event the credit provided for under this section
447 is reduced as a result of an examination or audit by the
448 department, such tax deficiency shall be recovered from the
449 first entity or the surviving or acquiring entity to have
450 claimed such credit up to the amount of credit taken. Any
451 subsequent deficiencies shall be assessed against any entity
452 acquiring and claiming such credit, or in the case of multiple
453 succeeding entities in the order of credit succession.
454 (g) Notwithstanding any other provision of this section,
455 credits for the production and sale of electricity from a new or
456 expanded Florida renewable energy facility may be earned between
457 January 1, 2013 2007, and June 30, 2016 2010. The combined total
458 amount of tax credits which may be granted for all taxpayers
459 under this section is limited to $5 million per state fiscal
460 year.
461 (h) A taxpayer claiming a credit under this section shall
462 be required to add back to net income that portion of its
463 business deductions claimed on its federal return paid or
464 incurred for the taxable year which is equal to the amount of
465 the credit allowable for the taxable year under this section.
466 (i) A taxpayer claiming credit under this section may not
467 claim a credit under s. 220.192. A taxpayer claiming credit
468 under s. 220.192 may not claim a credit under this section.
469 (j) When an entity treated as a partnership or a
470 disregarded entity under this chapter produces and sells
471 electricity from a new or expanded renewable energy facility,
472 the credit earned by such entity shall pass through in the same
473 manner as items of income and expense pass through for federal
474 income tax purposes. When an entity applies for the credit and
475 the entity has received the credit by a pass-through, the
476 application must identify the taxpayer that passed the credit
477 through, all taxpayers that received the credit, and the
478 percentage of the credit that passes through to each recipient
479 and must provide other information that the department requires.
480 (k) A taxpayer’s use of the credit granted pursuant to this
481 section does not reduce the amount of any credit available to
482 such taxpayer under s. 220.186.
483 (4) The department may adopt rules to implement and
484 administer this section, including rules prescribing forms, the
485 documentation needed to substantiate a claim for the tax credit,
486 and the specific procedures and guidelines for claiming the
487 credit.
488 (5) This section shall take effect upon becoming law and
489 shall apply to tax years beginning on and after January 1, 2013
490 2007.
491 Section 5. Section 255.257, Florida Statutes, is amended to
492 read:
493 255.257 Energy management; buildings occupied by state
494 agencies.—
495 (1) ENERGY CONSUMPTION AND COST DATA.—Each state agency
496 shall collect data on energy consumption and cost. The data
497 gathered shall be on state-owned facilities and metered state
498 leased facilities that are used by the state and are 5,000
499 square feet or more of conditioned space of 5,000 net square
500 feet or more. These data will be used in the computation of the
501 effectiveness of the state energy management plan and the
502 effectiveness of the energy management program of each of the
503 state agencies. Collected data shall be reported annually to the
504 department in a format prescribed by the department.
505 (2) ENERGY MANAGEMENT COORDINATORS.—Each state agency, the
506 Florida Public Service Commission, the Department of Military
507 Affairs, and the judicial branch shall appoint a coordinator
508 whose responsibility shall be to advise the head of the state
509 agency on matters relating to energy consumption in facilities
510 under the control of that head or in space occupied by the
511 various units comprising that state agency, in vehicles operated
512 by that state agency, and in other energy-consuming activities
513 of the state agency. The coordinator shall implement the energy
514 management program agreed upon by the state agency concerned and
515 assist the department in the development of the State Energy
516 Management Plan.
517 (3) CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.—The
518 Department of Management Services, in coordination with the
519 Department of Agriculture and Consumer Services, shall adopt
520 rules and forms for the development of the develop a state
521 energy management plan consisting of, but not limited to, the
522 following elements:
523 (a) Data-gathering requirements;
524 (b) Standard and uniform benchmark requirements as a
525 measure to evaluate the energy efficiency of state-owned and
526 state-leased buildings;
527 (c)(b) Building energy audit procedures;
528 (d)(c) Standard and uniform data analysis and reporting
529 procedures;
530 (e)(d) Employee energy education program measures;
531 (f)(e) Energy consumption reduction techniques;
532 (g)(f) Training program for state agency energy management
533 coordinators; and
534 (h)(g) Guidelines for building managers.
535
536 The plan shall include a description of actions that state
537 agencies shall take to reduce consumption of electricity and
538 nonrenewable energy sources used for space heating and cooling,
539 ventilation, lighting, water heating, and transportation.
540 (4) ADOPTION OF STANDARDS.—
541 (a) Each All state agency agencies shall adopt a standard
542 and uniform statewide sustainable building rating system or use
543 a national model green building code for all new buildings and
544 renovations to existing buildings.
545 (b) A No state agency may not shall enter into new leasing
546 agreements for office space that does not meet Energy Star
547 building standards, except when the appropriate state agency
548 head determines that no other viable or cost-effective
549 alternative exists.
550 (c) Each All state agency agencies shall develop energy
551 conservation measures and guidelines for new and existing office
552 space where state agencies occupy more than 5,000 square feet or
553 more of conditioned space. These conservation measures shall
554 focus on programs that may reduce energy consumption and, when
555 established, provide a net reduction in occupancy costs.
556 Section 6. Paragraph (q) of subsection (2) of section
557 288.106, Florida Statutes, is amended to read:
558 288.106 Tax refund program for qualified target industry
559 businesses.—
560 (2) DEFINITIONS.—As used in this section:
561 (q) “Target industry business” means a corporate
562 headquarters business or any business that is engaged in one of
563 the target industries identified pursuant to the following
564 criteria developed by the department in consultation with
565 Enterprise Florida, Inc.:
566 1. Future growth.—Industry forecasts should indicate strong
567 expectation for future growth in both employment and output,
568 according to the most recent available data. Special
569 consideration should be given to businesses that export goods
570 to, or provide services in, international markets and businesses
571 that replace domestic and international imports of goods or
572 services.
573 2. Stability.—The industry should not be subject to
574 periodic layoffs, whether due to seasonality or sensitivity to
575 volatile economic variables such as weather. The industry should
576 also be relatively resistant to recession, so that the demand
577 for products of this industry is not typically subject to
578 decline during an economic downturn.
579 3. High wage.—The industry should pay relatively high wages
580 compared to statewide or area averages.
581 4. Market and resource independent.—The location of
582 industry businesses should not be dependent on Florida markets
583 or resources as indicated by industry analysis, except for
584 businesses in the renewable energy industry.
585 5. Industrial base diversification and strengthening.—The
586 industry should contribute toward expanding or diversifying the
587 state’s or area’s economic base, as indicated by analysis of
588 employment and output shares compared to national and regional
589 trends. Special consideration should be given to industries that
590 strengthen regional economies by adding value to basic products
591 or building regional industrial clusters as indicated by
592 industry analysis. Special consideration should also be given to
593 the development of strong industrial clusters that include
594 defense and homeland security businesses.
595 6. Positive economic impact.—The industry is expected to
596 have strong positive economic impacts on or benefits to the
597 state or regional economies. Special consideration should be
598 given to industries that facilitate the development of the state
599 as a hub for domestic and global trade and logistics.
600
601 The term does not include any business engaged in retail
602 industry activities; any electrical utility company as defined
603 in s. 366.02(2); any phosphate or other solid minerals
604 severance, mining, or processing operation; any oil or gas
605 exploration or production operation; or any business subject to
606 regulation by the Division of Hotels and Restaurants of the
607 Department of Business and Professional Regulation. Any business
608 within NAICS code 5611 or 5614, office administrative services
609 and business support services, respectively, may be considered a
610 target industry business only after the local governing body and
611 Enterprise Florida, Inc., make a determination that the
612 community where the business may locate has conditions affecting
613 the fiscal and economic viability of the local community or
614 area, including but not limited to, factors such as low per
615 capita income, high unemployment, high underemployment, and a
616 lack of year-round stable employment opportunities, and such
617 conditions may be improved by the location of such a business to
618 the community. By January 1 of every 3rd year, beginning January
619 1, 2011, the department, in consultation with Enterprise
620 Florida, Inc., economic development organizations, the State
621 University System, local governments, employee and employer
622 organizations, market analysts, and economists, shall review
623 and, as appropriate, revise the list of such target industries
624 and submit the list to the Governor, the President of the
625 Senate, and the Speaker of the House of Representatives.
626 Section 7. Section 366.94, Florida Statutes, is created to
627 read:
628 366.94 Electric vehicle charging stations.—
629 (1) Providing electric vehicle charging service to the
630 public is not the retail sale of electricity for the purposes of
631 this chapter and the rates, terms, and conditions of electric
632 vehicle charging services are not subject to regulation under
633 this chapter regardless of the provider. This section does not
634 affect the ability of an individual, business, or governmental
635 entity to acquire, install, or use an electric vehicle charger
636 for its own use for its own vehicle.
637 (2) The Florida Building Commission, in coordination with
638 the Department of Agriculture and Consumer Services and the
639 Public Service Commission, shall develop rules to provide
640 uniform standards for building and electric codes, local
641 permitting, and the installation of electric vehicle charging
642 stations. The development of these standards is expressly
643 preempted to the state and any local governmental entity
644 enforcing the subject areas of the standards established by this
645 section must use the standards set forth pursuant to this
646 section.
647 (3) The Department of Agriculture and Consumer Services
648 shall adopt rules to provide definitions, methods of sale,
649 labeling requirements, and price-posting requirements for
650 electric vehicle charging stations in order to provide
651 consistency for consumers and the industry.
652 (4) The Public Service Commission shall conduct a study of
653 the effects of the charging stations on energy consumption in
654 this state and the effects on the grid. The Public Service
655 Commission shall also investigate the feasibility of using off
656 grid solar photovoltaic power as a source of electricity for
657 electric vehicle charging stations.
658 (5) It is unlawful for a person to stop, stand, or park a
659 vehicle that is not capable of using an electrical recharging
660 station within any parking space specifically designated for
661 charging an electric vehicle. If a law enforcement officer finds
662 a motor vehicle in violation of this subsection, the officer or
663 specialist shall charge the operator or other person in charge
664 of the vehicle in violation with a noncriminal traffic
665 infraction, punishable as provided in s. 316.008(4) or s.
666 318.18.
667 Section 8. Subsection (3) of section 403.519, Florida
668 Statutes, is amended to read:
669 403.519 Exclusive forum for determination of need.—
670 (3) The commission is shall be the sole forum for the
671 determination of this matter, which accordingly may shall not be
672 raised in any other forum or in the review of proceedings in
673 such other forum. In making its determination, the commission
674 shall take into account the need for electric system reliability
675 and integrity, the need for adequate electricity at a reasonable
676 cost, the need to improve the balance of power plant fuel
677 diversity and reduce the state’s dependence on natural gas, fuel
678 for fuel diversity and supply reliability, whether the proposed
679 plant is the most cost-effective alternative available, and
680 whether renewable energy sources and technologies, as well as
681 conservation measures, are used utilized to the extent
682 reasonably available. The commission shall also expressly
683 consider the conservation measures taken by or reasonably
684 available to the applicant or its members which might mitigate
685 the need for the proposed plant and other matters within its
686 jurisdiction which it deems relevant. The commission’s
687 determination of need for an electrical power plant creates
688 shall create a presumption of public need and necessity and
689 serves shall serve as the commission’s report required by s.
690 403.507(4). An order entered pursuant to this section
691 constitutes final agency action.
692 Section 9. Subsection (4) of section 581.083, Florida
693 Statutes, is amended to read:
694 581.083 Introduction or release of plant pests, noxious
695 weeds, or organisms affecting plant life; cultivation of
696 nonnative plants; special permit and security required.—
697 (4) A person may not cultivate a nonnative plant, algae, or
698 blue-green algae, including a genetically engineered plant,
699 algae, or blue-green algae or a plant that has been introduced,
700 for purposes of fuel production or purposes other than
701 agriculture in plantings greater in size than 2 contiguous
702 acres, except under a special permit issued by the department
703 through the division, which is the sole agency responsible for
704 issuing such special permits. The Such a permit is shall not be
705 required if the department determines, after consulting in
706 conjunction with the Institute of Food and Agricultural Sciences
707 at the University of Florida, that, based on experience or
708 research data, the nonnative plant, algae, or blue-green algae
709 does not pose a known threat of becoming an is not invasive
710 species or a pest of plants or native fauna under conditions in
711 this state, and if the department and subsequently exempts the
712 plant by rule.
713 (a)1. Each application for a special permit must be
714 accompanied by a fee as described in subsection (2) and proof
715 that the applicant has obtained, on a form approved by the
716 department, a bond in the form approved by the department and
717 issued by a surety company admitted to do business in this
718 state, or a certificate of deposit, or other type of security
719 adopted by rule of the department which provides a financial
720 assurance of cost-recovery for the removal of a planting. The
721 application must include, on a form provided by the department,
722 the name of the applicant and the applicant’s address or the
723 address of the applicant’s principal place of business; a
724 statement completely identifying the nonnative plant to be
725 cultivated; and a statement of the estimated cost of removing
726 and destroying the plant that is the subject of the special
727 permit and the basis for calculating or determining that
728 estimate. If the applicant is a corporation, partnership, or
729 other business entity, the applicant must also provide in the
730 application the name and address of each officer, partner, or
731 managing agent. The applicant shall notify the department within
732 10 business days after of any change of address or change in the
733 principal place of business. The department shall mail all
734 notices to the applicant’s last known address.
735 2. As used in this subsection, the term “certificate of
736 deposit” means a certificate of deposit at any recognized
737 financial institution doing business in the United States. The
738 department may not accept a certificate of deposit in connection
739 with the issuance of a special permit unless the issuing
740 institution is properly insured by the Federal Deposit Insurance
741 Corporation or the Federal Savings and Loan Insurance
742 Corporation.
743 (b) Upon obtaining a permit, the permitholder may annually
744 cultivate and maintain the nonnative plants as authorized by the
745 special permit. If the permitholder ceases to maintain or
746 cultivate the plants authorized by the special permit, if the
747 permit expires, or if the permitholder ceases to abide by the
748 conditions of the special permit, the permitholder shall
749 immediately remove and destroy the plants that are subject to
750 the permit, if any remain. The permitholder shall notify the
751 department of the removal and destruction of the plants within
752 10 days after such event.
753 (c) If the department:
754 1. Determines that the permitholder is no longer
755 maintaining or cultivating the plants subject to the special
756 permit and has not removed and destroyed the plants authorized
757 by the special permit;
758 2. Determines that the continued maintenance or cultivation
759 of the plants presents an imminent danger to public health,
760 safety, or welfare;
761 3. Determines that the permitholder has exceeded the
762 conditions of the authorized special permit; or
763 4. Receives a notice of cancellation of the surety bond,
764
765 the department may issue an immediate final order, which shall
766 be immediately appealable or enjoinable as provided by chapter
767 120, directing the permitholder to immediately remove and
768 destroy the plants authorized to be cultivated under the special
769 permit. A copy of the immediate final order must shall be mailed
770 to the permitholder and to the surety company or financial
771 institution that has provided security for the special permit,
772 if applicable.
773 (d) If, upon issuance by the department of an immediate
774 final order to the permitholder, the permitholder fails to
775 remove and destroy the plants subject to the special permit
776 within 60 days after issuance of the order, or such shorter
777 period as is designated in the order as public health, safety,
778 or welfare requires, the department may enter the cultivated
779 acreage and remove and destroy the plants that are the subject
780 of the special permit. If the permitholder makes a written
781 request to the department for an extension of time to remove and
782 destroy the plants that demonstrates specific facts showing why
783 the plants could not reasonably be removed and destroyed in the
784 applicable timeframe, the department may extend the time for
785 removing and destroying plants subject to a special permit. The
786 reasonable costs and expenses incurred by the department for
787 removing and destroying plants subject to a special permit shall
788 be reimbursed to the department by the permitholder within 21
789 days after the date the permitholder and the surety company or
790 financial institution are served a copy of the department’s
791 invoice for the costs and expenses incurred by the department to
792 remove and destroy the cultivated plants, along with a notice of
793 administrative rights, unless the permitholder or the surety
794 company or financial institution object to the reasonableness of
795 the invoice. In the event of an objection, the permitholder or
796 surety company or financial institution is entitled to an
797 administrative proceeding as provided by chapter 120. Upon entry
798 of a final order determining the reasonableness of the incurred
799 costs and expenses, the permitholder has shall have 15 days
800 after following service of the final order to reimburse the
801 department. Failure of the permitholder to timely reimburse the
802 department for the incurred costs and expenses entitles the
803 department to reimbursement from the applicable bond or
804 certificate of deposit.
805 (e) Each permitholder shall maintain for each separate
806 growing location a bond or a certificate of deposit in an amount
807 determined by the department, but not more less than 150 percent
808 of the estimated cost of removing and destroying the cultivated
809 plants. The bond or certificate of deposit may not exceed $5,000
810 per acre, unless a higher amount is determined by the department
811 to be necessary to protect the public health, safety, and
812 welfare or unless an exemption is granted by the department
813 based on conditions specified in the application which would
814 preclude the department from incurring the cost of removing and
815 destroying the cultivated plants and would prevent injury to the
816 public health, safety, and welfare. The aggregate liability of
817 the surety company or financial institution to all persons for
818 all breaches of the conditions of the bond or certificate of
819 deposit may not exceed the amount of the bond or certificate of
820 deposit. The original bond or certificate of deposit required by
821 this subsection must shall be filed with the department. A
822 surety company shall give the department 30 days’ written notice
823 of cancellation, by certified mail, in order to cancel a bond.
824 Cancellation of a bond does not relieve a surety company of
825 liability for paying to the department all costs and expenses
826 incurred or to be incurred for removing and destroying the
827 permitted plants covered by an immediate final order authorized
828 under paragraph (c). A bond or certificate of deposit must be
829 provided or assigned in the exact name in which an applicant
830 applies for a special permit. The penal sum of the bond or
831 certificate of deposit to be furnished to the department by a
832 permitholder in the amount specified in this paragraph must
833 guarantee payment of the costs and expenses incurred or to be
834 incurred by the department for removing and destroying the
835 plants cultivated under the issued special permit. The bond or
836 certificate of deposit assignment or agreement must be upon a
837 form prescribed or approved by the department and must be
838 conditioned to secure the faithful accounting for and payment of
839 all costs and expenses incurred by the department for removing
840 and destroying all plants cultivated under the special permit.
841 The bond or certificate of deposit assignment or agreement must
842 include terms binding the instrument to the Commissioner of
843 Agriculture. Such certificate of deposit shall be presented with
844 an assignment of the permitholder’s rights in the certificate in
845 favor of the Commissioner of Agriculture on a form prescribed by
846 the department and with a letter from the issuing institution
847 acknowledging that the assignment has been properly recorded on
848 the books of the issuing institution and will be honored by the
849 issuing institution. Such assignment is irrevocable while a
850 special permit is in effect and for an additional period of 6
851 months after termination of the special permit if operations to
852 remove and destroy the permitted plants are not continuing and
853 if the department’s invoice remains unpaid by the permitholder
854 under the issued immediate final order. If operations to remove
855 and destroy the plants are pending, the assignment remains in
856 effect until all plants are removed and destroyed and the
857 department’s invoice has been paid. The bond or certificate of
858 deposit may be released by the assignee of the surety company or
859 financial institution to the permitholder, or to the
860 permitholder’s successors, assignee, or heirs, if operations to
861 remove and destroy the permitted plants are not pending and no
862 invoice remains unpaid at the conclusion of 6 months after the
863 last effective date of the special permit. The department may
864 not accept a certificate of deposit that contains any provision
865 that would give to any person any prior rights or claim on the
866 proceeds or principal of such certificate of deposit. The
867 department shall determine by rule whether an annual bond or
868 certificate of deposit will be required. The amount of such bond
869 or certificate of deposit shall be increased, upon order of the
870 department, at any time if the department finds such increase to
871 be warranted by the cultivating operations of the permitholder.
872 In the same manner, the amount of such bond or certificate of
873 deposit may be decreased or removed when a decrease in the
874 cultivating operations of the permitholder occurs or when
875 research or practical field knowledge and observations indicate
876 a low risk of invasiveness by the nonnative species warrants
877 such decrease. Factors that may be considered to decrease or
878 remove the bond or certificate-of-deposit requirements include
879 multiple years or cycles of successful large-scale contained
880 cultivation; observation of plant, algae, or blue-green algae
881 that do not escape from managed areas; or science-based evidence
882 that established or proved adjusted cultivation practices
883 provide a similar level of containment of the nonnative plant,
884 algae, or blue-green algae. This paragraph applies to any bond
885 or certificate of deposit, regardless of the anniversary date of
886 its issuance, expiration, or renewal.
887 (f) In order to carry out the purposes of this subsection,
888 the department or its agents may require from any permitholder
889 verified statements of the cultivated acreage subject to the
890 special permit and may review the permitholder’s business or
891 cultivation records at her or his place of business during
892 normal business hours in order to determine the acreage
893 cultivated. The failure of a permitholder to furnish such
894 statement, to make such records available, or to make and
895 deliver a new or additional bond or certificate of deposit is
896 cause for suspension of the special permit. If the department
897 finds such failure to be willful, the special permit may be
898 revoked.
899 Section 10. The Department of Agriculture and Consumer
900 Services shall conduct a comprehensive statewide forest
901 inventory analysis and study, using a geographic information
902 system, to identify where available biomass is located,
903 determine the available biomass resources, and ensure forest
904 sustainability within the state. The department shall submit the
905 results of the study to the President of the Senate, the Speaker
906 of the House of Representatives, and the Executive Office of the
907 Governor by July 1, 2013.
908 Section 11. The Office of Energy within the Department of
909 Agriculture and Consumer Services, in consultation with the
910 Public Service Commission, the Florida Building Commission, and
911 the Florida Energy Systems Consortium, shall develop a
912 clearinghouse of information regarding cost savings associated
913 with various energy efficiency and conservation measures. The
914 department shall post the information on its website by July 1,
915 2013.
916 Section 12. The Public Service Commission shall evaluate
917 and prepare a report on the Florida Energy Efficiency and
918 Conservation Act and determine if the act remains in the public
919 interest. The evaluation must consider the costs to ratepayers,
920 the incentives and disincentives associated with the provisions
921 in the act, and if the programs create benefits without undue
922 burden on the customer. The models and methods used to determine
923 conservation goals must be specifically addressed in the report.
924 The commission shall submit the report to the President of the
925 Senate, the Speaker of the House of Representatives, and the
926 Executive Office of the Governor by January 31, 2013.
927 Section 13. This act shall take effect July 1, 2012.