HB 743

A bill to be entitled
2An act relating to energy efficiency; amending s.
3212.055, F.S.; providing for a portion of the proceeds
4of the local government infrastructure surtax to be
5used to provide loans, grants, and rebates to
6residential property owners who make energy efficiency
7improvements to their residential property, subject to
8referendum; defining the term "energy efficiency
9improvement"; providing an effective date.
11Be It Enacted by the Legislature of the State of Florida:
13     Section 1.  Paragraph (d) of subsection (2) of section
14212.055, Florida Statutes, is amended to read:
15     212.055  Discretionary sales surtaxes; legislative intent;
16authorization and use of proceeds.-It is the legislative intent
17that any authorization for imposition of a discretionary sales
18surtax shall be published in the Florida Statutes as a
19subsection of this section, irrespective of the duration of the
20levy. Each enactment shall specify the types of counties
21authorized to levy; the rate or rates which may be imposed; the
22maximum length of time the surtax may be imposed, if any; the
23procedure which must be followed to secure voter approval, if
24required; the purpose for which the proceeds may be expended;
25and such other requirements as the Legislature may provide.
26Taxable transactions and administrative procedures shall be as
27provided in s. 212.054.
29     (d)  The proceeds of the surtax authorized by this
30subsection and any accrued interest shall be expended by the
31school district, within the county and municipalities within the
32county, or, in the case of a negotiated joint county agreement,
33within another county, to finance, plan, and construct
34infrastructure; to acquire land for public recreation,
35conservation, or protection of natural resources; to provide
36loans, grants, or rebates to residential property owners, with
37preference given to low-income elders, Florida veterans of the
38Armed Forces of the United States, and disabled adults, who make
39energy efficiency improvements to their residential property, if
40a local government ordinance authorizing such use is approved by
41referendum; or to finance the closure of county-owned or
42municipally owned solid waste landfills that have been closed or
43are required to be closed by order of the Department of
44Environmental Protection. Any use of the proceeds or interest
45for purposes of landfill closure before July 1, 1993, is
46ratified. The proceeds and any interest may not be used for the
47operational expenses of infrastructure, except that a county
48that has a population of fewer than 75,000 and that is required
49to close a landfill may use the proceeds or interest for long-
50term maintenance costs associated with landfill closure.
51Counties, as defined in s. 125.011, and charter counties may, in
52addition, use the proceeds or interest to retire or service
53indebtedness incurred for bonds issued before July 1, 1987, for
54infrastructure purposes, and for bonds subsequently issued to
55refund such bonds. Any use of the proceeds or interest for
56purposes of retiring or servicing indebtedness incurred for
57refunding bonds before July 1, 1999, is ratified.
58     1.  For the purposes of this paragraph, the term
59"infrastructure" means:
60     a.  Any fixed capital expenditure or fixed capital outlay
61associated with the construction, reconstruction, or improvement
62of public facilities that have a life expectancy of 5 or more
63years and any related land acquisition, land improvement,
64design, and engineering costs.
65     b.  A fire department vehicle, an emergency medical service
66vehicle, a sheriff's office vehicle, a police department
67vehicle, or any other vehicle, and the equipment necessary to
68outfit the vehicle for its official use or equipment that has a
69life expectancy of at least 5 years.
70     c.  Any expenditure for the construction, lease, or
71maintenance of, or provision of utilities or security for,
72facilities, as defined in s. 29.008.
73     d.  Any fixed capital expenditure or fixed capital outlay
74associated with the improvement of private facilities that have
75a life expectancy of 5 or more years and that the owner agrees
76to make available for use on a temporary basis as needed by a
77local government as a public emergency shelter or a staging area
78for emergency response equipment during an emergency officially
79declared by the state or by the local government under s.
80252.38. Such improvements are limited to those necessary to
81comply with current standards for public emergency evacuation
82shelters. The owner must enter into a written contract with the
83local government providing the improvement funding to make the
84private facility available to the public for purposes of
85emergency shelter at no cost to the local government for a
86minimum of 10 years after completion of the improvement, with
87the provision that the obligation will transfer to any
88subsequent owner until the end of the minimum period.
89     e.  Any land acquisition expenditure for a residential
90housing project in which at least 30 percent of the units are
91affordable to individuals or families whose total annual
92household income does not exceed 120 percent of the area median
93income adjusted for household size, if the land is owned by a
94local government or by a special district that enters into a
95written agreement with the local government to provide such
96housing. The local government or special district may enter into
97a ground lease with a public or private person or entity for
98nominal or other consideration for the construction of the
99residential housing project on land acquired pursuant to this
101     2.  For the purposes of this paragraph, the term "energy
102efficiency improvement" means any energy conservation and
103efficiency measure that reduces consumption through conservation
104or a more efficient use of electricity, natural gas, propane, or
105other forms of energy on the property, including, but not
106limited to, air sealing; installation of insulation;
107installation of energy-efficient heating, cooling, or
108ventilation systems; installation of solar panels; building
109modifications to increase the use of daylight or shade;
110replacement of windows; installation of energy controls or
111energy recovery systems; installation of electric vehicle
112charging equipment; and installation of efficient lighting
114     3.2.  Notwithstanding any other provision of this
115subsection, a local government infrastructure surtax imposed or
116extended after July 1, 1998, may allocate up to 15 percent of
117the surtax proceeds for deposit in a trust fund within the
118county's accounts created for the purpose of funding economic
119development projects having a general public purpose of
120improving local economies, including the funding of operational
121costs and incentives related to economic development. The ballot
122statement must indicate the intention to make an allocation
123under the authority of this subparagraph.
124     Section 2.  This act shall take effect July 1, 2012.

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