The purpose of these proposed rules is to implement the renewable energy tax incentive programs authorized by Chapter 2012-117, Laws of Florida (2012 House Bill 7117). After adoption of the proposed rules, eligible taxpayers will be able to ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Office of Energy

RULE NOS.:RULE TITLES:
5O-2.001Florida Renewable Energy Technologies Sales Tax Refund
5O-2.002Florida Renewable Energy Technologies Investment Tax Credit
5O-2.003Florida Renewable Energy Production Tax Credit
PURPOSE AND EFFECT: The purpose of these proposed rules is to implement the renewable energy tax incentive programs authorized by Chapter 2012-117, Laws of Florida (2012 House Bill 7117). After adoption of the proposed rules, eligible taxpayers will be able to participate in these programs to take advantage of tax credits available for investments made in renewable energy technology.
SUMMARY: The proposed rules describe the application process and the Department’s review and administrative process for each voluntary tax incentive program. The proposed rules also include the application form for each program.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or, if no SERC is required, the information expressly relied upon and described herein. The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rules did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon the fact that the proposed rules implement voluntary tax incentive programs and that there is no cost for applicants to apply for the tax incentives. Eligible taxpayers may elect to participate in these programs to take advantage of tax credits available for investments made in renewable energy technology. Additionally, no interested party submitted additional information regarding the economic impact. Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 212.08(7)(hhh)4.f., 220.192(7), 220.193(6), 570.07(23) FS.
LAW IMPLEMENTED: 212.08(7)(hhh), 220.192, 220.193 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: April Groover, 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, or telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5O-2.001 Florida Renewable Energy Technologies Sales Tax Refund.

(1) This rule applies to any taxpayer seeking a refund of Florida sales tax paid after July 1, 2012, on materials used in the distribution, including fueling infrastructure, transportation, and storage, of biodiesel (B10-B100), as defined in Rule 5F-2.001, F.A.C., ethanol (E10-E100), as defined in Rule 5F-2.001, F.A.C., and other renewable fuels. Pursuant to Section 212.08, F.S., this sales tax refund is limited to $1 million in Florida sales tax each state fiscal year for all taxpayers.

(2) A taxpayer seeking a Renewable Energy Technologies Sales Tax Refund must apply to the Department as follows:

(a) Applicants must submit a completed Florida Renewable Energy Technologies Sales Tax Refund Application, FDACS-01917, (Rev. 12/12), by certified mail or hand delivery to the Florida Department of Agriculture and Consumer Services, Office of Energy, 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, no later than close of business on June 30, 2016.

(b) Applications must include the information required by the application form.

(c) Applications must include a project summary describing how the materials itemized in the application will be used in the distribution of biodiesel (B10-B100), ethanol (E10-E100), or other renewable fuels including the location and any other relevant information.

(d) Applications must include an itemized list of eligible items including:

1. A serial number or other permanent identification number;

2. Amount of Florida sales tax accrued and paid;

3. A description of each eligible item; and

4. Whether each eligible item was used for fueling infrastructure, transportation, or storage.

(e) Applications must include supporting documentation for all equipment, machinery, and other materials for which the applicant is seeking a Florida sales tax refund. Supporting documentation is the sales invoice or other proof of purchase showing the amount of Florida sales tax accrued and paid, the date of purchase, and the name and address of the dealer, as defined in Section 212.06, F.S., from whom the property was purchased. Legible copies of the documents, in place of originals, will be accepted. If the Florida Department of Agriculture and Consumer Services, Office of Energy, determines the application or supporting documentation is illegible, the application will be determined incomplete.

(f) Each applicant shall certify, using the affidavit included as part of the application form, that the information contained in the application and supporting documentation is true and correct and that all equipment, machinery, and other materials for which the applicant is seeking a Florida sales tax refund have not previously received a Florida sales tax refund.

(3) In addition, applicants must submit with the completed application a description of the project’s economic impact in Florida. Such information may include, but not be limited to:

1. The total dollar value of additional investment made in the distribution of biodiesel, ethanol, and other renewable fuels as a result of the project that is eligible for the sales tax refund incentive;

2. The number of jobs created as a result of the project that is eligible for the sales tax refund incentive; and

3. The total dollar value of salaries and wages of jobs created as a result of the project that is eligible for the sales tax refund incentive.

(4) Applications will be reviewed on a first-come, first-served basis, based upon the date complete applications are received by the Florida Department of Agriculture and Consumer Services, Office of Energy. Incomplete placeholder applications will not be accepted and will not secure a place in the first-come, first-served application line.

(5) Within 30 days of receipt of an application, the Florida Department of Agriculture and Consumer Services, Office of Energy, will evaluate the application to verify that the applicant has met the qualifying statutory and rule criteria. The Department will issue a written certification that the applicant is eligible for a refund or will issue a written notification that the application was determined to be incomplete and will include a description of the application’s deficiencies. If the Department determines that an application is incomplete, the taxpayer will be allowed to submit a corrected application. The corrected application will be treated as a new application and reviewed in the order that it is received. Applications and supporting documentation will not be returned to applicants. The Florida Department of Agriculture and Consumer Services, Office of Energy, will provide the Florida Department of Revenue a copy of each certification issued upon approval of an application.

(6) The Florida Department of Agriculture and Consumer Services, Office of Energy, is responsible for ensuring that the total amount of certifications granted does not exceed the limits specified in Section 212.08(7)(hhh), F.S. The amount of Florida sales tax to be refunded in each certification granted will be applied to the fiscal year in which the application is approved by the Florida Department of Agriculture and Consumer Services, Office of Energy.

(7) The Florida Department of Agriculture and Consumer Services will not disburse any funds in connection with the Florida Renewable Energy Technologies Sales Tax Refund program. Each certified applicant is responsible for applying for the refund and forwarding the certification that the applicant is eligible to the Florida Department of Revenue within 6 months after certification by the Florida Department of Agriculture and Consumer Services, Office of Energy. Upon formal approval by the Florida Department of Revenue, a refund will be issued to the certified applicant within 30 days.

(8) Materials Incorporated by Reference. The Florida Renewable Energy Technologies Sales Tax Refund Application, Form FDACS-01917, (Rev. 12/12) is hereby adopted and incorporated by reference. The form may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Office of Energy, at 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, or emailing [e-mail], and is available online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

Rulemaking Authority 212.08(7)(hhh)4.f. FS. Law Implemented 212.08(7)(hhh) FS. History–New_________.

 

5O-2.002 Florida Renewable Energy Technologies Investment Tax Credit.

(1) This rule allows an eligible taxpayer to seek a credit for corporate income taxes in an amount equal to eligible costs as defined in Section 220.192(1)(c), F.S. This rule does not apply to the tax return filing process regulated by the Florida Department of Revenue.

(2) Pursuant to Section 220.192, F.S., the total amount of tax credits issued pursuant to this rule will not exceed $1 million per state fiscal year for each taxpayer with a limit of $10 million per state fiscal year for all taxpayers.

(3) A taxpayer seeking a Renewable Energy Technologies Investment Tax Credit must apply to the Department as follows:

(a) Applicants must submit a completed Florida Renewable Energy Technologies Investment Tax Credit Application, FDACS-01918 (Rev. 12/12), by certified mail or hand delivery to the Florida Department of Agriculture and Consumer Services, Office of Energy, 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, no later than close of business on November 1 of each year. If November 1 falls on a weekend, then the deadline shall be close of business of the next business day.

(b) Applications must include the information required by the application form.

(c) Applications must include a summary describing how the materials are being used in connection with an investment in the production, storage, and distribution of biodiesel (B10-B100), ethanol (E10-E100) or other renewable fuels in Florida, including the costs of constructing, installing, and equipping such technologies. The summary must also include location and any other relevant information.

(d) Applications must include an itemized list of eligible costs that includes:

1. The amount of the expenditure;

2. Date of expenditure;

3. Description of the cost;

4. If the cost was incurred under capital costs, operation and maintenance costs, or research and development costs; and

5. A subtotal for capital costs, operation and maintenance costs, and research and development costs.

(e) Applications must include supporting documentation for all capital costs, operation and maintenance costs, and research and development costs for which the applicant is seeking a Florida Renewable Energy Technologies Investment Tax Credit. Supporting documentation is the sales invoice or other proof of payment for each eligible cost. Legible copies of the documents, in place of originals, will be accepted. If the Florida Department of Agriculture and Consumer Services, Office of Energy, determines the application or supporting documentation is illegible, the application will be determined incomplete.

(f) Each applicant shall certify, using the affidavit included as part of the application form, that the information contained in the application and supporting documentation is true and correct.

(4) In addition, applicants must submit with the completed application a description of the project’s economic impact in Florida. Such information may include, but not be limited to:

1. The total dollar value of the additional investment in purchases of machinery and equipment made as a result of the project that is eligible for the tax credit incentive;

2. The total dollar value of the additional investment in construction of buildings made as a result of the project that is eligible for the tax credit incentive;

3. The total number of jobs created as a result of the project that is eligible for the tax credit incentive; and

4. The total dollar value of salaries and wages of jobs created as a result of the project that is eligible for the tax credit incentive.

(5) Each fiscal year of the program, a taxpayer is allowed to submit one Florida Renewable Energy Technologies Investment Tax Credit Application, FDACS-01918 (Rev. 12/12) based on eligible costs incurred in a particular fiscal year.

(6) A taxpayer claiming a Florida Renewable Energy Production Tax Credit under Section 220.193, F.S., is ineligible to claim a credit under this program.

(7) Applications will be reviewed on a first-come, first-served basis, based upon the date complete applications are received by the Florida Department of Agriculture and Consumer Services, Office of Energy. Incomplete placeholder applications will not be accepted and will not secure a place in the first-come, first-served application line.

(8) On or before December 1 of each year, the Florida Department of Agriculture and Consumer Services, Office of Energy, will evaluate the application to verify that the applicant has met the qualifying statutory and rule criteria. The Department will issue a written certification that the applicant is eligible for a tax credit or will issue a written notification that the application was determined incomplete and will include a description of the application’s deficiencies. If the Department determines that an application is incomplete, the taxpayer must submit a corrected application on or before close of business December 31 of the same year. Applications and supporting documentation will not be returned to applicants. The Florida Department of Agriculture and Consumer Services, Office of Energy, will provide the Florida Department of Revenue a copy of each certification issued upon approval of an application.

(9) If the annual tax credit authorization amount is exhausted within a particular state fiscal year, the Florida Department of Agriculture and Consumer Services, Office of Energy, will use unallocated credit amounts under the Florida Renewable Energy Production Tax Credit program within the same fiscal year to grant additional certifications.

(10) If an eligible applicant does not receive a tax credit allocation due to an exhaustion of the annual tax credit appropriation, its application shall remain in the first-come, first-served order in the next year’s annual tax credit allocation, if any, based on the date and time of filing the original application.

(11) The Florida Department of Agriculture and Consumer Services will not disburse any funds in connection with the Florida Renewable Energy Technologies Investment Tax Credit program. Certificates granted will not result in the payment of refunds by the Florida Department of Revenue if the total credits exceed the amount of tax owed. Each certified applicant is responsible for attaching the certificate to its annual tax return filed with the Florida Department of Revenue.

(12) Materials Incorporated by Reference. The Florida Renewable Energy Technologies Investment Tax Credit Application, FDACS-01918 (Rev. 12/12) is hereby adopted and incorporated by reference. The form may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Office of Energy, at 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, or emailing [e-mail], and is available online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

Rulemaking Authority 220.192(7) FS. Law Implemented 220.192 FS. History–New_______.

 

5O-2.003 Florida Renewable Energy Production Credit.

(1) This rule applies to Florida corporate income taxpayers, as defined in Section 220.193(2)(g), F. S., that own an interest in a general partnership, limited partnership, limited liability company, trust or other artificial entity that owns a Florida renewable energy facility seeking a tax credit toward corporate income tax pursuant to Section 220.193, F.S. This rule does not apply to the tax return filing process regulated by the Florida Department of Revenue.

(2) Pursuant to Section 220.193, F.S., tax credits for the production and sale of electricity from a new or expanded Florida renewable energy facility will be granted for all taxpayers with a limit of $5 million in state fiscal year 2012-2013 and $10 million per state fiscal year in state fiscal years 2013-2014 through 2016-2017.

(3) A taxpayer seeking a Renewable Energy Production Tax Credit must apply to the Department as follows:

(a) Applicants must submit a completed Florida Renewable Energy Production Tax Credit Application, FDACS-01919, (Rev. 12/12), by certified mail or hand delivery to the Florida Department of Agriculture and Consumer Services, Office of Energy, 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, no later than close of business on:

1. January 15, 2014 for the production period January 1, 2013 through December 31, 2013;

2. January 15, 2015 for the production period January 1, 2014 through December 31, 2014;

3. January 15, 2016 for the production period January 1, 2015 through December 31, 2015; and

4. December 1, 2016 for the production period January 1, 2016 through June 30, 2016.

(b) Applications must include the information required by the application form.

(c) Applications must provide the address of the Florida renewable energy facility that produces the electricity qualifying for this corporate income tax credit. The applicant must submit a separate application for each facility. A facility is a building or a group of buildings close to one another that work together to produce electricity from renewable sources.

(d) Applications must include:

1. A summary of the type of renewable energy produced and sold;

2. The kilowatt-hours of electricity produced and sold from renewable energy for each month of the production period for which the applicant is applying:

3. Whether the facility producing that energy is a new or expanded facility; and

4. The date on which the production began.

(e) Applicants must attach a schedule to the application that identifies all corporations that will receive the credit and the percentage of the credit to be received by each corporation. The credit allocated shall pass through to the owners in the same manner as items of income and expense pass through for federal income tax purposes.

(f) Each applicant shall certify, using the affidavit included as part of the application form, the increase in production and sales that form the basis of the application and that all other information contained in the application and supporting documentation is true and correct.

(4) In addition, applicants must submit with the completed application a description of the project’s economic impact in Florida. Such information may include, but not be limited to:

(a) The total dollar value of the additional investment in purchases of machinery and equipment made as a result of the project that is eligible for the tax credit incentive;

(b) The total dollar value of the additional investment in construction of buildings made as a result of the project that is eligible for the tax credit incentive;

(c) The type, amount, and dollar value of the renewable energy produced and sold or expected to be produced and sold as a result of the project that is eligible for the tax credit incentive;

(d) The number of jobs created as a result of the project that is eligible for the tax credit incentive; and

(e) The total dollar value of salaries and wages of jobs created as a result of the project that is eligible for the tax credit incentive.

(5) A taxpayer claiming a Florida Renewable Energy Investment Tax Credit under Section 220.192, F.S., is ineligible to claim a credit under this program.

(6) The Florida Department of Agriculture and Consumer Services, Office of Energy, will evaluate the application to verify that the applicant has met the qualifying statutory and rule criteria. The Department will issue a written certification that the applicant is eligible for a tax credit or will issue a written notification that the application was determined incomplete and will include a description of the application’s deficiencies. If the Florida Department of Agriculture and Consumer Services, Office of Energy, determines the application is illegible, the application will be determined incomplete. If the Department determines that an application is incomplete, the taxpayer must submit a corrected application within five business days from notification of the application’s deficiencies. The Florida Department of Agriculture and Consumer Services, Office of Energy, will provide the Florida Department of Revenue a copy of each certification issued upon approval of an application.

(7) If the annual tax credit authorization amount is exhausted within a particular state fiscal year, the Florida Department of Agriculture and Consumer Services, Office of Energy, will use unallocated credit amounts under the Florida Renewable Energy Investment Tax Credit program within the same fiscal year to grant additional certifications.

(8) If the annual tax credit authorization amount is exhausted within a particular state fiscal year, the Florida Department of Agriculture and Consumer Services, Office of Energy, will allocate credits to qualified applicants based on the priority outlined in Section 220.193(3)(c), F.S.

(9) The Florida Department of Agriculture and Consumer Services will not disburse any funds in connection with the Florida Renewable Energy Production Tax Credit program. Certificates granted will not result in the payment of refunds by the Florida Department of Revenue if the total credits exceed the amount of tax owed. Each certified applicant is responsible for attaching the certificate to its annual tax return filed with the Florida Department of Revenue.

(10) Every taxpayer claiming a Florida Renewable Energy Production Credit must retain documentation that substantiates and supports the credit for a minimum of 3 years after the Florida Department of Agriculture and Consumer Services, Office of Energy, issues a written certification that the taxpayer is eligible for a tax credit. Documentation to substantiate and support the credit includes:

(a) Production records or other evidence of the amount of electricity produced;

(b) Evidence of the increase in production and sales of electricity over the 2011 calendar year by an expanded facility; and

(c) Evidence establishing that the electricity was produced from renewable energy.

(11) Materials Incorporated by Reference. The Florida Renewable Energy Production Tax Credit Application, FDACS-01919, (Rev. 12/12) is hereby adopted and incorporated by reference. The form may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Office of Energy, at 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, or [e-mail], and is available online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

Rulemaking Authority 220.193(6) FS. Law Implemented 220.193 FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Patrick Sheehan, Executive Director of the Office of Energy
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 9, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 27, 2012