Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. PCS (257568) for CS for SB 560
       
       
       
       
       
       
                                Barcode 549698                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/22/2013           .                                
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       The Committee on Appropriations (Ring) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 206.86, Florida Statutes, is amended to
    6  read:
    7         206.86 Definitions.—As used in this part:
    8         (1) “Diesel fuel” means all petroleum distillates commonly
    9  known as diesel #2, biodiesel, or any other product blended with
   10  diesel or any product placed into the storage supply tank of a
   11  diesel-powered motor vehicle.
   12         (2) “Taxable diesel fuel” or “fuel” means any diesel fuel
   13  not held in bulk storage at a terminal and which has not been
   14  dyed for exempt use in accordance with Internal Revenue Code
   15  requirements.
   16         (3) “User” includes any person who uses diesel fuels within
   17  this state for the propulsion of a motor vehicle on the public
   18  highways of this state, even though the motor is also used for a
   19  purpose other than the propulsion of the vehicle.
   20         (4) “Alternative fuel” means any liquefied petroleum gas
   21  product or compressed natural gas product or combination thereof
   22  used in an internal combustion engine or motor to propel any
   23  form of vehicle, machine, or mechanical contrivance. This term
   24  includes, but is not limited to, all forms of fuel commonly or
   25  commercially known or sold as natural gasoline, butane gas,
   26  propane gas, or any other form of liquefied petroleum gas or
   27  compressed natural gas.
   28         (5) “Natural gasoline” is a liquid hydrocarbon that is
   29  produced by natural gas and must be blended with other liquid
   30  petroleum products to produce motor fuel.
   31         (4)(6) “Removal” means any physical transfer of diesel fuel
   32  and any use of diesel fuel other than as a material in the
   33  production of diesel fuel.
   34         (5)(7) “Blender” means any person who that produces blended
   35  diesel fuel outside the bulk transfer/terminal system.
   36         (6)(8) “Colorless marker” means material that is not
   37  perceptible to the senses until the diesel fuel into which it is
   38  introduced is subjected to a scientific test.
   39         (7)(9) “Dyed diesel fuel” means diesel fuel that is dyed in
   40  accordance with United States Environmental Protection Agency or
   41  Internal Revenue Service requirements for high sulfur diesel
   42  fuel or low sulfur diesel fuel.
   43         (8)(10) “Ultimate vendor” means a licensee that sells
   44  undyed diesel fuel to the United States or its departments or
   45  agencies in bulk lots of not less than 500 gallons in each
   46  delivery or to the user of the diesel fuel for use on a farm for
   47  farming purposes.
   48         (9)(11) “Local government user of diesel fuel” means any
   49  county, municipality, or school district licensed by the
   50  department to use untaxed diesel fuel in motor vehicles.
   51         (10)(12) “Mass transit system” means any licensed local
   52  transportation company providing local bus service that is open
   53  to the public and that travels regular routes.
   54         (11)(13) “Diesel fuel registrant” means anyone required by
   55  this chapter to be licensed to remit diesel fuel taxes,
   56  including, but not limited to, terminal suppliers, importers,
   57  local government users of diesel fuel, and mass transit systems.
   58         (12)(14) “Biodiesel” means any product made from
   59  nonpetroleum-based oils or fats which is suitable for use in
   60  diesel-powered engines. Biodiesel is also referred to as alkyl
   61  esters.
   62         (13)(15) “Biodiesel manufacturer” means those industrial
   63  plants, regardless of capacity, where organic products are used
   64  in the production of biodiesel. This includes businesses that
   65  process or blend organic products that are marketed as
   66  biodiesel.
   67         Section 2. Paragraph (a) of subsection (1) of section
   68  206.87, Florida Statutes, is amended to read:
   69         206.87 Levy of tax.—
   70         (1)(a) An excise tax of 4 cents per gallon is hereby
   71  imposed upon each net gallon of diesel fuel subject to the tax
   72  under subsection (2), except alternative fuels which are subject
   73  to the fee imposed by s. 206.877.
   74         Section 3. Section 206.877, Florida Statutes, is repealed.
   75         Section 4. Section 206.89, Florida Statutes, is repealed.
   76         Section 5. Subsection (1) of section 206.91, Florida
   77  Statutes, is amended to read:
   78         206.91 Tax reports; computation and payment of tax.—
   79         (1) For the purpose of determining the amount of taxes
   80  imposed by s. 206.87, each diesel fuel registrant shall, not
   81  later than the 20th day of each calendar month, mail to the
   82  department, on forms prescribed by the department, monthly
   83  reports that provide which shall show such information on
   84  inventories, purchases, nontaxable disposals, and taxable sales
   85  in gallons of diesel fuel and alternative fuel, for the
   86  preceding calendar month as may be required by the department.
   87  However, if the 20th day falls on a Saturday, a Sunday, or a
   88  federal or state legal holiday, returns shall be accepted if
   89  postmarked on the next succeeding workday. The reports must
   90  include, shall contain or be verified by, a written declaration
   91  stating that they are such report is made under the penalties of
   92  perjury. The diesel fuel registrant shall deduct from the amount
   93  of taxes shown by the report to be payable an amount equivalent
   94  to .67 percent of the taxes on diesel fuel imposed by s.
   95  206.87(1)(a) and (e), which deduction is hereby allowed to the
   96  diesel fuel registrant on account of services and expenses in
   97  complying with the provisions of this part. The allowance on
   98  taxable gallons of diesel fuel sold to persons licensed under
   99  this chapter is not shall not be deductible unless the diesel
  100  fuel registrant has allowed 50 percent of the allowance provided
  101  by this section to a purchaser with a valid wholesaler or
  102  terminal supplier license. This allowance is not shall not be
  103  deductible unless payment of the taxes is made on or before the
  104  20th day of the month as herein required in this subsection.
  105  Nothing in This subsection does not shall be construed to
  106  authorize a deduction from the constitutional fuel tax or fuel
  107  sales tax.
  108         Section 6. The Division of Law Revision and Information is
  109  requested to create part V of chapter 206, Florida Statutes,
  110  consisting of ss. 206.9951-206.998, entitled “NATURAL GAS FUEL.”
  111         Section 7. Section 206.9951, Florida Statutes, is created
  112  to read:
  113         206.9951Definitions.—As used in this part, the term:
  114         (1) “Motor fuel equivalent gallon” means the volume of
  115  natural gas fuel it takes to equal the energy content of 1
  116  gallon of motor fuel.
  117         (2) “Natural gas fuel” means any liquefied petroleum gas
  118  product, compressed natural gas product, or combination thereof
  119  used in a motor vehicle as defined in s. 206.01(23). This term
  120  includes, but is not limited to, all forms of fuel commonly or
  121  commercially known or sold as natural gasoline, butane gas,
  122  propane gas, or any other form of liquefied petroleum gas,
  123  compressed natural gas, or liquefied natural gas. This term does
  124  not include natural gas or liquefied petroleum placed in a
  125  separate tank of a motor vehicle for cooking, heating, water
  126  heating, or electric generation.
  127         (3) “Natural gas fuel retailer” means any person who sells
  128  natural gas fuel for use in a motor vehicle as defined in s.
  129  206.01(23).
  130         (4) “Natural gasoline” is a liquid hydrocarbon that is
  131  produced by natural gas and must be blended with other liquid
  132  petroleum products to produce motor fuel.
  133         (5) “Person” means a natural person, corporation,
  134  copartnership, firm, company, agency, or association; a state
  135  agency; a federal agency; or a political subdivision of the
  136  state.
  137         Section 8. Section 206.9952, Florida Statutes, is created
  138  to read:
  139         206.9952Application for license as a natural gas fuel
  140  retailer.—
  141         (1) It is unlawful for any person to engage in business as
  142  a natural gas fuel retailer within this state unless the person
  143  is the holder of a valid license issued by the department to
  144  engage in such business.
  145         (2) A person who has facilities for placing natural gas
  146  fuel into the supply system of an internal combustion engine
  147  fueled by individual portable containers of 10 gallons or less
  148  is not required to be licensed as a natural gas fuel retailer,
  149  provided that the fuel is only used for exempt purposes.
  150         (3)(a) Any person who acts as a natural gas retailer and
  151  does not hold a valid natural gas fuel retailer license shall
  152  pay a penalty of $200 for each month of operation without a
  153  license. This paragraph expires December 31, 2018.
  154         (b) Effective January 1, 2019, any person who acts as a
  155  natural gas fuel retailer and does not hold a valid natural gas
  156  fuel retailer license shall pay a penalty of 25 percent of the
  157  tax assessed on the total purchases made during the unlicensed
  158  period.
  159         (4) To procure a natural gas fuel retailer license, a
  160  person shall file an application and a bond with the department
  161  on a form prescribed by the department. The department may not
  162  issue a license upon the receipt of any application unless it is
  163  accompanied by a bond.
  164         (5) When a natural gas fuel retailer license application is
  165  filed by a person whose previous license was canceled for cause
  166  by the department or the department believes that such
  167  application was not filed in good faith or is filed by another
  168  person as a subterfuge for the actual person in interest whose
  169  previous license has been canceled, the department may, if
  170  evidence warrants, refuse to issue a license for such an
  171  application.
  172         (6) Upon the department’s issuance of a natural gas fuel
  173  retailer license, such license remains in effect so long as the
  174  natural gas fuel retailer is in compliance with the requirements
  175  of this part.
  176         (7) Such license may not be assigned and is valid only for
  177  the natural gas fuel retailer in whose name the license is
  178  issued. The license shall be displayed conspicuously by the
  179  natural gas fuel retailer in the principal place of business for
  180  which the license was issued.
  181         (8) With the exception of a state or federal agency or a
  182  political subdivision licensed under this chapter, each person,
  183  as defined in this part, who operates as a natural gas fuel
  184  retailer shall report monthly to the department and pay a tax on
  185  all natural gas fuel purchases beginning January 1, 2019.
  186         (9) The license application requires a license fee of $5.
  187  Each license shall be renewed annually by submitting a
  188  reapplication and the license fee to the department. The license
  189  fee shall be paid to the department for deposit into the General
  190  Revenue Fund.
  191         Section 9. Section 206.9955, Florida Statutes, is created
  192  to read:
  193         206.9955Levy of natural gas fuel tax.—
  194         (1) The motor fuel equivalent gallon means the following
  195  for:
  196         (a) Compressed natural gas gallon: 5.66 pounds, or per each
  197  126.67 cubic feet.
  198         (b) Liquefied natural gas gallon: 6.06 pounds.
  199         (c) Liquefied petroleum gas gallon: 1.35 gallons.
  200         (2) Effective January 1, 2019, the following taxes shall be
  201  imposed:
  202         (a) An excise tax of 4 cents upon each motor fuel
  203  equivalent gallon of natural gas fuel.
  204         (b) An additional tax of 1 cent upon each motor fuel
  205  equivalent gallon of natural gas fuel, which is designated as
  206  the “ninth-cent fuel tax.”
  207         (c) An additional tax of 1 cent on each motor fuel
  208  equivalent gallon of natural gas fuel by each county, which is
  209  designated as the “local option fuel tax.”
  210         (d) An additional tax on each motor fuel equivalent gallon
  211  of natural gas fuel, which is designated as the “State
  212  Comprehensive Enhanced Transportation System Tax,” at a rate
  213  determined pursuant to this paragraph. Each calendar year, the
  214  department shall determine the tax rate applicable to the sale
  215  of natural gas fuel for the following 12-month period beginning
  216  January 1, rounded to the nearest tenth of a cent, by adjusting
  217  the initially established tax rate of 5.8 cents per gallon by
  218  the percentage change in the average of the Consumer Price Index
  219  issued by the United States Department of Labor for the most
  220  recent 12-month period ending September 30.
  221         (e)1. An additional tax is imposed on each motor fuel
  222  equivalent gallon of natural gas fuel for the privilege of
  223  selling natural gas fuel. Each calendar year, the department
  224  shall determine the tax rate applicable to the sale of natural
  225  gas fuel, rounded to the nearest tenth of a cent, for the
  226  following 12-month period beginning January 1. The tax rate is
  227  calculated by adjusting the initially established tax rate of
  228  9.2 cents per gallon by the percentage change in the average of
  229  the Consumer Price Index issued by the United States Department
  230  of Labor for the most recent 12-month period ending September
  231  30.
  232         2. The department is authorized to adopt rules and publish
  233  forms to administer this paragraph.
  234         (3) Unless otherwise provided by this chapter, the taxes
  235  specified in subsection (2) are imposed on natural gas fuel when
  236  it is placed into the fuel supply tank of a motor vehicle as
  237  defined in s. 206.01(23). The person liable for payment of the
  238  taxes imposed by this section is the person selling the fuel to
  239  the end user, for use in the fuel supply tank of a motor vehicle
  240  as defined in s. 206.01(23).
  241         Section 10. Section 206.996, Florida Statutes, is created
  242  to read:
  243         206.996Monthly reports by natural gas fuel retailers;
  244  deductions.—
  245         (1) For the purpose of determining the amount of taxes
  246  imposed by s. 206.9955, each natural gas fuel retailer shall
  247  file beginning with February 2019, and each month thereafter, no
  248  later than the 20th day of each month, monthly reports
  249  electronically with the department showing information on
  250  inventory, purchases, nontaxable disposals, and taxable sales in
  251  gallons of natural gas fuel for the preceding month. However, if
  252  the 20th day of the month falls on a Saturday, Sunday, or
  253  federal or state legal holiday, a return must be accepted if it
  254  is electronically filed on the next succeeding business day. The
  255  reports must include, or be verified by, a written declaration
  256  stating that such report is made under the penalties of perjury.
  257  The natural gas fuel retailer shall deduct from the amount of
  258  taxes shown by the report to be payable an amount equivalent to
  259  0.67 percent of the taxes on natural gas fuel imposed by s.
  260  206.9955(2)(a) and (e), which deduction is allowed to the
  261  natural gas fuel retailer to compensate it for services rendered
  262  and expenses incurred in complying with the requirements of this
  263  part. This allowance is not deductible unless payment of
  264  applicable taxes is made on or before the 20th day of the month.
  265  This subsection may not be construed as authorizing a deduction
  266  from the constitutional fuel tax or the fuel sales tax.
  267         (2) Upon the electronic filing of the monthly report, each
  268  natural gas fuel retailer shall pay the department the full
  269  amount of natural gas fuel taxes for the preceding month at the
  270  rate provided in s. 206.9955, less the amount allowed the
  271  natural gas fuel retailer for services and expenses as provided
  272  in subsection (1).
  273         (3) The department may authorize a quarterly return and
  274  payment of taxes when the taxes remitted by the natural gas fuel
  275  retailer for the preceding quarter did not exceed $100, and the
  276  department may authorize a semiannual return and payment of
  277  taxes when the taxes remitted by the natural gas fuel retailer
  278  for the preceding 6 months did not exceed $200.
  279         (4) In addition to the allowance authorized by subsection
  280  (1), every natural gas fuel retailer is entitled to a deduction
  281  of 1.1 percent of the taxes imposed under s. 206.9955(2)(b) and
  282  (c), on account of services and expenses incurred due to
  283  compliance with the requirements of this part. This allowance
  284  may not be deductible unless payment of the tax is made on or
  285  before the 20th day of the month.
  286         Section 11. Section 206.9965, Florida Statutes, is created
  287  to read:
  288         206.9965Exemptions and refunds; natural gas fuel
  289  retailers.—Natural gas fuel may be purchased from natural gas
  290  fuel retailers exempt from the tax imposed by this part when
  291  used or purchased for the following:
  292         (1) Exclusive use by the United States or its departments
  293  or agencies. Exclusive use by the United States or its
  294  departments and agencies means the consumption by the United
  295  States or its departments or agencies of the natural gas fuel in
  296  a motor vehicle as defined in s. 206.01(23).
  297         (2) Use for agricultural purposes as defined in s.
  298  206.41(4)(c).
  299         (3) Uses as provided in s. 206.874(3).
  300         (4) Use by vehicles operated by state and local government
  301  agencies.
  302         (5) Individual use resulting from residential refueling
  303  devices located at a person’s primary residence.
  304         (6) Purchases of natural gas fuel between licensed natural
  305  gas fuel retailers. A natural gas fuel retailer that sells tax
  306  paid natural gas fuel to another natural gas fuel retailer may
  307  take a credit on its monthly return or may file a claim for
  308  refund with the Chief Financial Officer pursuant to s. 215.26.
  309  All sales of natural gas fuel between natural gas fuel retailers
  310  must be documented on invoices or other evidence of the sale of
  311  such fuel and the seller shall retain a copy of the purchaser’s
  312  natural gas fuel retailer license.
  313         (7) Natural gas fuel consumed by a power take off or engine
  314  exhaust for the purpose of unloading bulk cargo by pumping or
  315  turning a concrete mixer drum used in the manufacturing process,
  316  or for the purpose of compacting solid waste, which is mounted
  317  on a motor vehicle and which has no separate fuel tank or power
  318  unit, is allowed a refund of 35 percent of the tax paid on the
  319  fuel purchased.
  320         Section 12. Section 206.879, Florida Statutes, is
  321  transferred and renumbered as section 206.997, Florida Statutes,
  322  and amended to read:
  323         206.997 206.879 State and local alternative fuel user fee
  324  clearing trust funds; distribution.—
  325         (1) Notwithstanding the provisions of s. 206.875, the
  326  revenues from the state natural gas fuel tax imposed by s.
  327  206.9955(2)(a), s. 206.9955(2)(d), and s. 206.9955(2)(e) state
  328  alternative fuel fees imposed by s. 206.877 shall be deposited
  329  into the State Alternative Fuel User Fee Clearing Trust Fund,
  330  which is hereby created. After deducting the service charges
  331  provided in s. 215.20, the proceeds in this trust fund shall be
  332  distributed as follows: the taxes imposed under s.
  333  206.9955(2)(d) and s. 206.9955(2)(e) one-fifth of the proceeds
  334  in calendar year 1991, one-third of the proceeds in calendar
  335  year 1992, three-sevenths of the proceeds in calendar year 1993,
  336  and one-half of the proceeds in each calendar year thereafter
  337  shall be transferred to the State Transportation Trust Fund and
  338  the tax imposed under s. 206.9955(2)(a); the remainder shall be
  339  distributed as follows: 50 percent shall be transferred to the
  340  State Board of Administration for distribution according to the
  341  provisions of s. 16, Art. IX of the State Constitution of 1885,
  342  as amended; 25 percent shall be transferred to the Revenue
  343  Sharing Trust Fund for Municipalities; and the remaining 25
  344  percent shall be distributed using the formula contained in s.
  345  206.60(1).
  346         (2) Notwithstanding the provisions of s. 206.875, the
  347  revenues from the local natural gas fuel tax imposed by s.
  348  206.9955(2)(b) and s. 206.9955(2)(c) local alternative fuel fees
  349  imposed in lieu of s. 206.87(1)(b) or (c) shall be deposited
  350  into The Local Alternative Fuel User Fee Clearing Trust Fund,
  351  which is hereby created. After deducting the service charges
  352  provided in s. 215.20, the proceeds in this trust fund shall be
  353  returned monthly to the appropriate county.
  354         Section 13. Section 206.998, Florida Statutes, is created
  355  to read:
  356         206.998Applicability of specified sections of parts I and
  357  II.—The provisions of ss. 206.01, 206.02, 206.025, 206.026,
  358  206.027, 206.028, 206.03, 206.05, 206.055, 206.06, 206.07,
  359  206.075, 206.09, 206.10, 206.11, 206.12, 206.13, 206.14, 206.15,
  360  206.16, 206.17, 206.175, 206.18, 206.199, 206.20, 206.204,
  361  206.205, 206.21, 206.215, 206.22, 206.23, 206.24, 206.25,
  362  206.27, 206.28, 206.405, 206.406, 206.41, 206.413, 206.43,
  363  206.44, 206.48, 206.485, 206.49, 206.56, 206.59, 206.606,
  364  206.608, and 206.61, Florida Statutes, of part I of this chapter
  365  and ss. 206.86, 206.872, 206.874, 206.8745, 206.88, 206.90, and
  366  206.93, Florida Statutes, of part II of this chapter shall, as
  367  far as lawful or practicable, be applicable to the tax levied
  368  and imposed and to the collection thereof as if fully set out in
  369  this part. However, any provision of any such section does not
  370  apply if it conflicts with any provision of this part.
  371         Section 14. Paragraph (d) of subsection (2) of section
  372  212.055, Florida Statutes, is amended to read:
  373         212.055 Discretionary sales surtaxes; legislative intent;
  374  authorization and use of proceeds.—It is the legislative intent
  375  that any authorization for imposition of a discretionary sales
  376  surtax shall be published in the Florida Statutes as a
  377  subsection of this section, irrespective of the duration of the
  378  levy. Each enactment shall specify the types of counties
  379  authorized to levy; the rate or rates which may be imposed; the
  380  maximum length of time the surtax may be imposed, if any; the
  381  procedure which must be followed to secure voter approval, if
  382  required; the purpose for which the proceeds may be expended;
  383  and such other requirements as the Legislature may provide.
  384  Taxable transactions and administrative procedures shall be as
  385  provided in s. 212.054.
  386         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
  387         (d) The proceeds of the surtax authorized by this
  388  subsection and any accrued interest shall be expended by the
  389  school district, within the county and municipalities within the
  390  county, or, in the case of a negotiated joint county agreement,
  391  within another county, to finance, plan, and construct
  392  infrastructure; to acquire land for public recreation,
  393  conservation, or protection of natural resources; to provide
  394  loans, grants, or rebates to residential or commercial property
  395  owners who make energy efficiency improvements to their
  396  residential or commercial property, if a local government
  397  ordinance authorizing such use is approved by referendum; or to
  398  finance the closure of county-owned or municipally owned solid
  399  waste landfills that have been closed or are required to be
  400  closed by order of the Department of Environmental Protection.
  401  Any use of the proceeds or interest for purposes of landfill
  402  closure before July 1, 1993, is ratified. The proceeds and any
  403  interest may not be used for the operational expenses of
  404  infrastructure, except that a county that has a population of
  405  fewer than 75,000 and that is required to close a landfill may
  406  use the proceeds or interest for long-term maintenance costs
  407  associated with landfill closure. Counties, as defined in s.
  408  125.011, and charter counties may, in addition, use the proceeds
  409  or interest to retire or service indebtedness incurred for bonds
  410  issued before July 1, 1987, for infrastructure purposes, and for
  411  bonds subsequently issued to refund such bonds. Any use of the
  412  proceeds or interest for purposes of retiring or servicing
  413  indebtedness incurred for refunding bonds before July 1, 1999,
  414  is ratified.
  415         1. For the purposes of this paragraph, the term
  416  “infrastructure” means:
  417         a. Any fixed capital expenditure or fixed capital outlay
  418  associated with the construction, reconstruction, or improvement
  419  of public facilities that have a life expectancy of 5 or more
  420  years and any related land acquisition, land improvement,
  421  design, and engineering costs.
  422         b. A fire department vehicle, an emergency medical service
  423  vehicle, a sheriff’s office vehicle, a police department
  424  vehicle, or any other vehicle, and the equipment necessary to
  425  outfit the vehicle for its official use or equipment that has a
  426  life expectancy of at least 5 years.
  427         c. Any expenditure for the construction, lease, or
  428  maintenance of, or provision of utilities or security for,
  429  facilities, as defined in s. 29.008.
  430         d. Any fixed capital expenditure or fixed capital outlay
  431  associated with the improvement of private facilities that have
  432  a life expectancy of 5 or more years and that the owner agrees
  433  to make available for use on a temporary basis as needed by a
  434  local government as a public emergency shelter or a staging area
  435  for emergency response equipment during an emergency officially
  436  declared by the state or by the local government under s.
  437  252.38. Such improvements are limited to those necessary to
  438  comply with current standards for public emergency evacuation
  439  shelters. The owner must enter into a written contract with the
  440  local government providing the improvement funding to make the
  441  private facility available to the public for purposes of
  442  emergency shelter at no cost to the local government for a
  443  minimum of 10 years after completion of the improvement, with
  444  the provision that the obligation will transfer to any
  445  subsequent owner until the end of the minimum period.
  446         e. Any land acquisition expenditure for a residential
  447  housing project in which at least 30 percent of the units are
  448  affordable to individuals or families whose total annual
  449  household income does not exceed 120 percent of the area median
  450  income adjusted for household size, if the land is owned by a
  451  local government or by a special district that enters into a
  452  written agreement with the local government to provide such
  453  housing. The local government or special district may enter into
  454  a ground lease with a public or private person or entity for
  455  nominal or other consideration for the construction of the
  456  residential housing project on land acquired pursuant to this
  457  sub-subparagraph.
  458         2. For the purposes of this paragraph, the term “energy
  459  efficiency improvement” means any energy conservation and
  460  efficiency improvement that reduces consumption through
  461  conservation or a more efficient use of electricity, natural
  462  gas, propane, or other forms of energy on the property,
  463  including, but not limited to, air sealing; installation of
  464  insulation; installation of energy-efficient heating, cooling,
  465  or ventilation systems; installation of solar panels; building
  466  modifications to increase the use of daylight or shade;
  467  replacement of windows; installation of energy controls or
  468  energy recovery systems; installation of electric vehicle
  469  charging equipment; installation of systems for natural gas fuel
  470  as defined in s. 206.9951; and installation of efficient
  471  lighting equipment.
  472         3. Notwithstanding any other provision of this subsection,
  473  a local government infrastructure surtax imposed or extended
  474  after July 1, 1998, may allocate up to 15 percent of the surtax
  475  proceeds for deposit into in a trust fund within the county’s
  476  accounts created for the purpose of funding economic development
  477  projects having a general public purpose of improving local
  478  economies, including the funding of operational costs and
  479  incentives related to economic development. The ballot statement
  480  must indicate the intention to make an allocation under the
  481  authority of this subparagraph.
  482         Section 15. Paragraph (a) of subsection (4) of section
  483  212.08, Florida Statutes, is amended to read:
  484         212.08 Sales, rental, use, consumption, distribution, and
  485  storage tax; specified exemptions.—The sale at retail, the
  486  rental, the use, the consumption, the distribution, and the
  487  storage to be used or consumed in this state of the following
  488  are hereby specifically exempt from the tax imposed by this
  489  chapter.
  490         (4) EXEMPTIONS; ITEMS BEARING OTHER EXCISE TAXES, ETC.—
  491         (a) Also exempt are:
  492         1. Water delivered to the purchaser through pipes or
  493  conduits or delivered for irrigation purposes. The sale of
  494  drinking water in bottles, cans, or other containers, including
  495  water that contains minerals or carbonation in its natural state
  496  or water to which minerals have been added at a water treatment
  497  facility regulated by the Department of Environmental Protection
  498  or the Department of Health, is exempt. This exemption does not
  499  apply to the sale of drinking water in bottles, cans, or other
  500  containers if carbonation or flavorings, except those added at a
  501  water treatment facility, have been added. Water that has been
  502  enhanced by the addition of minerals and that does not contain
  503  any added carbonation or flavorings is also exempt.
  504         2. All fuels used by a public or private utility, including
  505  any municipal corporation or rural electric cooperative
  506  association, in the generation of electric power or energy for
  507  sale. Fuel other than motor fuel and diesel fuel is taxable as
  508  provided in this chapter with the exception of fuel expressly
  509  exempt herein. Natural gas and natural gas fuel as defined in s.
  510  206.9951(2) are exempt from the tax imposed by this chapter when
  511  placed into the fuel supply system of a motor vehicle. Motor
  512  fuels and diesel fuels are taxable as provided in chapter 206,
  513  with the exception of those motor fuels and diesel fuels used by
  514  railroad locomotives or vessels to transport persons or property
  515  in interstate or foreign commerce, which are taxable under this
  516  chapter only to the extent provided herein. The basis of the tax
  517  shall be the ratio of intrastate mileage to interstate or
  518  foreign mileage traveled by the carrier’s railroad locomotives
  519  or vessels that were used in interstate or foreign commerce and
  520  that had at least some Florida mileage during the previous
  521  fiscal year of the carrier, such ratio to be determined at the
  522  close of the fiscal year of the carrier. However, during the
  523  fiscal year in which the carrier begins its initial operations
  524  in this state, the carrier’s mileage apportionment factor may be
  525  determined on the basis of an estimated ratio of anticipated
  526  miles in this state to anticipated total miles for that year,
  527  and subsequently, additional tax shall be paid on the motor fuel
  528  and diesel fuels, or a refund may be applied for, on the basis
  529  of the actual ratio of the carrier’s railroad locomotives’ or
  530  vessels’ miles in this state to its total miles for that year.
  531  This ratio shall be applied each month to the total Florida
  532  purchases made in this state of motor and diesel fuels to
  533  establish that portion of the total used and consumed in
  534  intrastate movement and subject to tax under this chapter. The
  535  basis for imposition of any discretionary surtax shall be set
  536  forth in s. 212.054. Fuels used exclusively in intrastate
  537  commerce do not qualify for the proration of tax.
  538         3. The transmission or wheeling of electricity.
  539         Section 16. The Office of Program Policy Analysis and
  540  Government Accountability shall complete a report reviewing the
  541  taxation of natural gas fuel used to power motor vehicles under
  542  chapters 206 and 212, Florida Statutes. The report must, at a
  543  minimum: evaluate growth trends in the use of natural gas fuel;
  544  survey how other states tax natural gas fuel and how they
  545  provide incentives to consumers of such fuels; and survey
  546  consumers and suppliers of natural gas fuel. The report shall be
  547  submitted to the President of the Senate and the Speaker of the
  548  House of Representatives by December 1, 2017.
  549         Section 17. Natural gas fuel fleet vehicle rebate program.—
  550         (1) CREATION AND PURPOSE OF PROGRAM.—Subject to specific
  551  appropriation, there is created within the Department of
  552  Agriculture and Consumer Services a natural gas fuel fleet
  553  vehicle rebate program. The purpose of this program is to help
  554  reduce transportation costs in this state and encourage freight
  555  mobility investments that contribute to the economic growth of
  556  the state.
  557         (2) DEFINITIONS.—For purposes of this section, the term:
  558         (a) “Conversion costs” means the excess cost associated
  559  with retrofitting a diesel or gasoline powered motor vehicle to
  560  a natural gas fuel powered motor vehicle.
  561         (b) “Department” means the Department of Agriculture and
  562  Consumer Services.
  563         (c) “Eligible costs” means the cost of conversion or the
  564  incremental cost incurred by an applicant in connection with an
  565  investment in the conversion or the purchase or lease, for at
  566  least a 5-year period, of a natural gas fleet vehicle placed
  567  into service on or after July 1, 2013. The term does not include
  568  costs for project development, fueling stations, or other
  569  fueling infrastructure.
  570         (d) “Fleet vehicles” means three or more motor vehicles
  571  registered in this state and used for commercial business or
  572  governmental purposes.
  573         (e) “Incremental costs” means the excess costs associated
  574  with the purchase or lease a natural gas fuel motor vehicle as
  575  compared to an equivalent diesel- or gasoline-powered motor
  576  vehicle.
  577         (f) “Natural gas fuel” means any liquefied petroleum gas
  578  product, compressed natural gas product, or combination thereof
  579  used in a motor vehicle as defined in s. 206.01(23). This term
  580  includes, but is not limited to, all forms of fuel commonly or
  581  commercially known or sold as natural gasoline, butane gas,
  582  propane gas, or any other form of liquefied petroleum gas,
  583  compressed natural gas, or liquefied natural gas. This term does
  584  not include natural gas or liquefied petroleum placed in a
  585  separate tank of a motor vehicle for cooking, heating, water
  586  heating, or electric generation.
  587         (3) NATURAL GAS FUEL FLEET VEHICLE REBATE.—The department
  588  shall award rebates for eligible costs as defined in this
  589  section. Forty percent of the annual allocation shall be
  590  reserved for governmental applicants, with the remaining funds
  591  allocated for commercial applicants. A rebate may not exceed 50
  592  percent of the eligible costs of a natural gas fuel fleet
  593  vehicle with a dedicated or bi-fuel natural gas fuel operating
  594  system placed into service on or after July 1, 2013. An
  595  applicant is eligible to receive a maximum rebate of $25,000 per
  596  vehicle up to a total of $250,000 per fiscal year. All natural
  597  gas fuel fleet vehicles eligible for the rebate must comply with
  598  applicable United States Environmental Protection Agency
  599  emission standards.
  600         (4) APPLICATION PROCESS.—
  601         (a) An applicant seeking to obtain a rebate shall submit an
  602  application to the department by a specified date as established
  603  by department rule. The application shall require a complete
  604  description of all eligible costs, proof of purchase or lease of
  605  the vehicle for which the applicant is seeking a rebate, a copy
  606  of the vehicle registration certificate, a description of the
  607  total rebate sought by the applicant, and any other information
  608  deemed necessary by the department. The application form adopted
  609  by department rule must include an affidavit from the applicant
  610  certifying that all information contained in the application is
  611  true and correct.
  612         (b) The department shall determine the rebate eligibility
  613  of each applicant in accordance with the requirements of this
  614  section and department rule. The total amount of rebates
  615  allocated to certified applicants may not exceed the amount
  616  appropriated for the program in the General Appropriations Act.
  617  Rebates shall be allocated to eligible applicants on a first
  618  come, first-served basis, determined by the date the application
  619  is received, until all appropriated funds are expended or the
  620  program ends, whichever comes first. Incomplete applications
  621  submitted to the department will not be accepted and do not
  622  secure a place in the first-come, first-served application
  623  process.
  624         (5) RULES.—The department shall adopt rules to implement
  625  and administer this section by December 31, 2013, including
  626  rules relating to the forms required to claim a rebate under
  627  this section, the required documentation and basis for
  628  establishing eligibility for a rebate, procedures and guidelines
  629  for claiming a rebate, and the collection of economic impact
  630  data from applicants.
  631         (6) PUBLICATION.—The department shall determine and publish
  632  on its website on an ongoing basis the amount of available
  633  funding for rebates remaining in each fiscal year.
  634         (7) ANNUAL ASSESSMENT.—By October 1, 2014, and each year
  635  thereafter that the program is funded, the department shall
  636  provide an annual assessment of the use of the rebate program
  637  during the previous fiscal year to the Governor, the President
  638  of the Senate, the Speaker of the House of Representatives, and
  639  the Office of Program Policy Analysis and Government
  640  Accountability. The assessment shall include, at a minimum, the
  641  following information:
  642         (a) The name of each applicant awarded a rebate under this
  643  section;
  644         (b) The amount of the rebates awarded to each applicant;
  645         (c) The type and description of each eligible vehicle for
  646  which each applicant applied for a rebate; and
  647         (d) The aggregate amount of funding awarded for all
  648  applicants claiming rebates under this section.
  649         (8) REPORT.—By January 31, 2016, the Office of Program
  650  Policy Analysis and Government Accountability shall release a
  651  report reviewing the rebate program to the Governor, the
  652  President of the Senate, and the Speaker of the House of
  653  Representatives. The review shall include an analysis of the
  654  economic benefits resulting to the state from the program.
  655         (9) ANNUAL FUNDING.—Annual funding for the natural gas fuel
  656  fleet vehicle rebate program is subject to legislative
  657  appropriation.
  658         (10) EFFECTIVE DATE.—This section shall take effect July 1,
  659  2013.
  660         Section 18. Except as otherwise expressly provided in this
  661  act and except for this section, which shall take effect July 1,
  662  2013, this act shall take effect January 1, 2014.
  663  
  664  ================= T I T L E  A M E N D M E N T ================
  665         And the title is amended as follows:
  666         Delete everything before the enacting clause
  667  and insert:
  668                        A bill to be entitled                      
  669         An act relating to natural gas motor fuel; amending s.
  670         206.86, F.S.; deleting definitions for the terms
  671         “alternative fuel” and “natural gasoline”; amending s.
  672         206.87, F.S.; conforming a cross-reference; repealing
  673         s. 206.877, F.S., relating to the annual decal fee
  674         program for motor vehicles powered by alternative
  675         fuels; repealing s. 206.89, F.S., relating to the
  676         requirements for alternative fuel retailer licenses;
  677         amending s. 206.91, F.S.; making grammatical and
  678         technical changes; providing a directive to the
  679         Division of Law Revision and Information; creating s.
  680         206.9951, F.S.; providing definitions; creating s.
  681         206.9952, F.S.; establishing requirements for natural
  682         gas fuel retailer licenses; providing penalties for
  683         certain licensure violations; creating s. 206.9955,
  684         F.S.; providing calculations for a motor fuel
  685         equivalent gallon; providing for the levy of the
  686         natural gas fuel tax; authorizing the Department of
  687         Revenue to adopt rules; creating s. 206.996, F.S.;
  688         establishing requirements for monthly reports of
  689         natural gas fuel retailers; providing that reports are
  690         made under the penalties of perjury; allowing natural
  691         gas fuel retailers to seek a deduction of the tax
  692         levied under specified conditions; creating s.
  693         206.9965, F.S.; providing exemptions and refunds from
  694         the natural gas fuel tax; transferring, renumbering,
  695         and amending s. 206.879, F.S.; revising provisions
  696         relating to the state and local alternative fuel user
  697         fee clearing trust funds; creating s. 206.998, F.S.;
  698         providing for the applicability of specified sections
  699         of parts I and II of ch. 206, F.S.; amending s.
  700         212.055, F.S.; expanding the use of the local
  701         government infrastructure surtax to include the
  702         installation of systems for natural gas fuel; amending
  703         s. 212.08, F.S.; providing an exemption from taxes for
  704         natural gas fuel under certain circumstances;
  705         directing the Office of Program Policy Analysis and
  706         Government Accountability to complete a report
  707         reviewing the taxation of natural gas fuel; requiring
  708         the report to be submitted to the Legislature by a
  709         specified date; creating the natural gas fuel fleet
  710         vehicle rebate program within the Department of
  711         Agriculture and Consumer Services; providing
  712         definitions; prescribing powers and duties of the
  713         department with respect to the program; prescribing
  714         limits on rebate awards; providing policies and
  715         procedures for application approval; requiring the
  716         department to adopt rules by a specified date;
  717         requiring the department to publish on its website the
  718         availability of rebate funds; requiring the department
  719         to submit an annual assessment to the Governor, the
  720         Legislature, and the Office of Program Policy Analysis
  721         and Government Accountability by a specified date;
  722         requiring the Office of Program Policy Analysis and
  723         Government Accountability to submit a report to the
  724         Governor and the Legislature by a specified date;
  725         providing report requirements; providing that funding
  726         for the program is subject to an annual appropriation;
  727         providing effective dates.