The purpose of the amended rule is to provide guidance to interested taxpayers for the application process, review, and administration of the Florida Renewable Energy Technology Sales Tax Refund, the Florida Renewable Energy Technology Investment ...

 

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 the amended rule is to provide guidance to interested taxpayers for the application process, review, and administration of the Florida Renewable Energy Technology Sales Tax Refund, the Florida Renewable Energy Technology Investment Tax Credit, and the Florida Renewable Energy Production Credit.

SUMMARY: Florida Renewable Energy Technology Sales Tax Refund, Section 212.08, F.S.; Florida Renewable Energy Technology Investment Tax Credit, Section 220.192, F.S.; and Florida Renewable Energy Production Credit, Section 220.193, F.S.

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 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: 120.536(1), 120.54, 212.08, 220.192, 220.193 FS.

LAW IMPLEMENTED: 212.08, 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 accrued and 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(7)(hhh), F.S., this sales tax refund is limited to $1 million in Florida sales tax each state fiscal year for all taxpayers.

(2) Materials without a direct connection to the distribution, transportation, and storage of biodiesel (B10-B100), ethanol (E10-E100), and other renewable fuel will not receive a refund under this rule. Examples include expenses related to telephones and cell phones, cleaning products or cleaning services, paper products, food, beverage, office supplies, lodging, per diem, and automobiles that are not used to transfer a renewable fuel or feedstock.

(3) Only previously paid Florida sales tax in the rate of 6 percent pursuant to Section 212.05(1)(a), F.S., is eligible for a refund.  Other local and miscellaneous taxes paid are not eligible for a sales tax refund under this rule.

(4)(2) A taxpayer seeking a Renewable Energy Technologies Sales Tax Refund must apply to the Florida Department of Agriculture and Consumer Services, Office of Energy (Office) as follows:

(a) Applicants must complete and submit a completed Florida Renewable Energy Technologies Sales Tax Refund Application, FDACS-01917, (Rev. 11/14) (Rev. 03/13). ,

(b) Applications must be received by certified mail or hand delivery by to the Office, located at 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.

1. Certified mail means the service provided by the United States Postal Service whereby the sender is provided with a mailing receipt and delivery record.

2. Hand delivery means any physical submission of an application to the Office from a representative of an applicant, courier, or a private delivery service.

(c) Applications received after the due date are ineligible for consideration.

(d)(b) Applications must include the information required by the application form. All fields and sections must be complete.  If for any reason the information required is not applicable, the applicant must note in the specified field either “not applicable” or “n/a”.  Applications that are not fully completed or do not include the required information, including blank fields, will be returned as incomplete.

(e)(c) Applications must include a project summary that describes describing how the costs included 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.

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

1. Page numbers of the invoices and corresponding proof of payment;

2. Invoice number;

3. Invoice date;

4. Method of payment;

5. Payment date;

6.1. A serial number or other permanent identification number, if available;

7.2. Amount of Florida sales tax accrued and paid;

8.3. A description of each eligible item; and

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

(g)(e) Applications must include the invoice and corresponding proof of payment supporting documentation for all equipment, machinery, and other materials for which the applicant is seeking a Florida sales tax refund. All invoices and corresponding proof of payments must be numbered. Applications must include an explanation if the amounts on the invoice and corresponding proof of payment do not match. 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 Office Florida Department of Agriculture and Consumer Services, Office of Energy, determines the application or supporting documentation is illegible, the application will be determined incomplete.

1. Proofs of payment shall redact instances of bank account and credit card numbers (except the last 4 digits) and all financial information not pertaining to the eligible cost represented on the application.

2. Acceptable forms of proof of payment include:

a. A canceled check with proof of deposit;

b. A copy of an electronic funds transfer from a financial institution including the purchase amount and to whom the payment is being made;

c. A bank statement or a screenshot of an online bank statement reflecting the payment showing the purchase amount and to whom the payment is being made;

d. A signed and executed lease contract;

e. A credit card statement reflecting the transaction showing the applicants’ name, address, the purchase amount, and to whom the payment is being made; or

f. A signed and executed promissory note or signed and executed loan.

3. The proof of payment must contain at least:

a. The payment amount of the eligible cost;

b. The date of payment for the eligible cost; and

c. The name of the vendor from whom the eligible cost was purchased or leased.

4. The invoice must contain at least:

a. The name and address of the vendor from whom the eligible cost was purchased or leased;

b. The price of the eligible cost;

c. The Florida sales tax accrued and paid; and

d. A description of the eligible cost.

(h)(f) A registered agent as defined in Section 607.0501, F.S., officer, or director with an active registration with the Florida Department of State, Division of Corporations must Each applicant shall complete the sworn statement, included as part of the application form, and swear: that the information contained in the application and supporting documentation is true and correct; 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; and that the requirements of Section 212.08(7)(hhh), F.S., and this rule have been met.

(5)(3) In addition, applicants must submit with the completed application a description of the project’s economic impact in Florida. Examples of such information include:

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.

(6)(4) Applications will be reviewed on a first-come, first-served basis, based upon the date complete applications are received by the Office 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.

(7)(5) Within 30 days of receipt of an application, the Office 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. If the Office Department determines that the applicant is eligible for refund, the Office Department will return the original application with the certification of eligibility box completed as a written certification that the applicant is eligible for a refund. If the Office Department determines that the application is incomplete, the Office Department will issue a written notification to the applicant 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 The taxpayer will be allowed to submit a corrected application, that. The corrected application will be treated as a new application and reviewed in the order that it is received. Supporting documentation will not be returned to applicants. The Office 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.

(8)(6) The Office 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 Office Florida Department of Agriculture and Consumer Services, Office of Energy.

(9)(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 certified application to the Florida Department of Revenue within 6 months after certification by the Office 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.

(10)(8) Materials Incorporated by Reference. The Florida Renewable Energy Technologies Sales Tax Refund Application, Form FDACS-01917, (Rev. 11/14) (Rev. 03/13) 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-02447.

Rulemaking Authority 212.08(7)(hhh)4.f. FS. Law Implemented 212.08(7)(hhh) FS. History–New 5-2-13, Amended_________.

 

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

(1) Pursuant to Section 220.192, F.S., this This rule allows an eligible taxpayer to seek a credit for corporate income taxes in an amount equal to 75 percent of all eligible costs. Eligible costs are capital costs, operation and maintenance costs, and research and development costs incurred and paid between July 1, 2012, and June 30, 2016, made in connection with an investment in the production, storage, and distribution 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 fuel in the state as defined in Section 220.192, F.S. 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.

(a) Capital costs include fixed, one-time expenses incurred on the purchase of land, buildings, construction, and equipment for the production, storage, and distribution of biodiesel (B10-B100), ethanol (E10-E100), and other renewable fuel in the State of Florida.

(b) Operation and maintenance costs include the expenses that are directly related to the process of producing, storing, or distributing biodiesel (B10-B100), ethanol (E10-E100), and other renewable fuel in the State of Florida.

(c) Research and development costs include expenses associated with the investigation and testing for developing a new or improved product or process.

(d) Costs without a direct connection to the production, storage, and distribution of biodiesel (B10-B100), ethanol (E10-E100), and other renewable fuel are not eligible costs under this rule. Examples include expenses related to telephones and cell phones, cleaning products or cleaning services, paper products, food, beverage, office supplies, lodging, per diem, and automobiles that are not used to transfer a renewable fuel or feedstock.

(e) Costs that have been previously submitted by the applicant, or another applicant, and approved by the Office for a Florida Renewable Energy Technologies Investment Tax Credit, are not eligible costs under this rule.

(2) Pursuant to Section 220.192(1)(c), 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 Florida Department of Agriculture and Consumer Services, Office of Energy (Office) as follows:

(a) Applicants must complete and submit a completed Florida Renewable Energy Technologies Investment Tax Credit Application, FDACS-01918 (Rev. 11/14) (Rev. 03/13).,

(b) Applications must be received by certified mail or hand delivery to the Office, located at Florida Department of Agriculture and Consumer Services, Office of Energy, 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, either by certified mail or hand delivery.  Applications for Fiscal Year 2014-2015 must be received no later than 5:00 P.M. Eastern Standard Time on March 2, 2015 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. Applications for Fiscal Year 2015-2016 will be accepted beginning at 9:00 A.M. Eastern Standard Time on July 1, 2016, and must be received no later than 5:00 P.M Eastern Standard Time on August 31, 2016.

1. Certified mail means the service provided by the United States Postal Service whereby the sender is provided with a mailing receipt and delivery record.

2. Hand delivery means any physical submission of an application to the Office from a representative of an applicant, courier, or a private delivery service.

(c) Applications received before 9:00 A.M. on July 1 or after 5:00 P.M. on August 30 of each fiscal year of the program will not be reviewed nor secure a place in the first-come, first-serve application line.

(d)(b) Applications must include the information required by the application form. All fields and sections must be complete. If for any reason the information required is not applicable, the applicant must note in the specified field either “not applicable” or “n/a”. Applications that are not fully completed or do not include the required information, including blank fields, will be returned as incomplete.

(e)(c) Applications must include a summary that describes describing how the costs included in the application 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.

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

1. Page numbers of the invoices and corresponding proof of payment The amount of the expenditure;

2. Invoice date Date of expenditure;

3. Invoice number;

4. Method of payment;

5. Payment date;

6.3. Description of the cost;

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

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

(g)(e) Applications must include both the invoice and corresponding proof of payment 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. All invoices and corresponding proof of payments must be numbered. Applications must include an explanation if the amounts on the invoice and corresponding proof of payment do not match. 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 Office Florida Department of Agriculture and Consumer Services, Office of Energy, determines the application or supporting documentation is illegible, the application will be determined incomplete.

1. Applicants are encouraged to redact instances of bank account and credit card numbers (except the last 4 digits) and all financial information not pertaining to the eligible cost represented on the application.

2. Acceptable forms of proof of payment may include, but are not limited to:

a. A canceled check with proof of deposit;

b. A copy of an electronic funds transfer from a financial institution including the purchase amount and to whom the payment is being made;

c. A bank statement or a screenshot of an online bank statement reflecting the payment showing the purchase amount and to whom the payment is being made;

d. A signed and executed lease contract;

e. A credit card statement reflecting the transaction showing the applicants’ name, address, the purchase amount, and to whom the payment is being made; or

f. A signed and executed promissory note or signed and executed loan.

3. The proof of payment must contain at least:

a. The payment amount of the eligible cost;

b. The date of payment for the eligible cost; and

c. The name of the vendor from whom the eligible cost was purchased or leased.

4. The invoice must contain at least:

a. The name and address of the seller from whom the eligible cost was purchased or leased;

b. The price of the eligible cost; and

c. A description of the eligible cost.

(h)(f) A registered agent as defined in Section 607.0501, F.S., officer, or director with an active registration with the Florida Department of State, Division of Corporations must Each applicant shall complete the sworn statement, included as part of the application form, and swear that the information contained in the application and supporting documentation is true and correct and the requirements of Section 220.192, F.S., and this rule have been met.

(4) In addition, applicants must submit with the completed application a description of the project’s economic impact in Florida. Examples of such information include:

a.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;

b.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;

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

d.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. 11/14) (Rev. 03/13) 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 Office 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) The Office may request additional or clarifying information or documentation from the applicant.  Applicants are encouraged to respond in a timely manner. The Office will continue to review applications in the first-come, first-served application line. Once the applicant has successfully completed and returned the request for additional or clarifying information or documentation, the application will be added back to the first-come, first-served application line based upon the date the completed request is received by the Office.

(9)(8) Within 90 days of receipt, the Office 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.

(a) If the Office Department determines that the applicant is eligible for a tax credit refund, the Office Department will return the original application with the certification of eligibility box completed as a written certification that the applicant is eligible for a tax credit refund.

(b) If the Office Department determines that the application failed to meet a qualifying statutory or rule criteria, the Office will determine the application is incomplete., The Office the Department will issue a written notification to the applicant that the application was determined incomplete, including justification for the determination. and will include a description of the application’s deficiencies. If the Office Department determines that an application is incomplete, the taxpayer may submit a corrected application. The corrected application will not keep its place in the first-come, first-served application line and will be reviewed in the order that it is received on or before close of business December 31 of the same year. 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.

(c) If the Office determines the corrected application is eligible for a tax credit, the Office will return the corrected application with the certification of eligibility box completed as a written certification that the applicant is eligible for a tax credit within 60 days of receipt of the corrected application.

(10) Supporting documentation will not be returned to applicants.

(11) The Office will provide the Florida Department of Revenue a copy of each certification issued upon approval of an application.

(12)(9) If the annual tax credit authorization amount is exhausted within a particular state fiscal year, the Office will grant any remaining credits in that particular state fiscal year to the next application in the first-come, first-served application line and return the original application with the certification of eligibility box completed as a written certification that the applicant is eligible for a partial tax credit 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. This application will remain in the first-come, first-served application line for the next state fiscal year of the program in order to receive a second partial tax credit, if any, for the remaining approved amount. The second partial tax credit granted in the next state fiscal year of the program will not be counted as the one application each taxpayer is allowed to submit per state fiscal year of the program.

(13)(10) If an eligible applicant does not receive a tax credit allocation due to an exhaustion of the annual tax credit appropriation within a particular state fiscal year of the program, its application will shall remain in the first-come, first-served application line to receive a tax credit, if funding is available, for the next state fiscal year of the program order in the next year’s annual tax credit allocation, if any, based on the date and time of filing the original application. Written certifications that the applicant is eligible for a tax credit will not be issued before July 1 of the following state fiscal year under which the tax credit is granted.

(14) If the tax credit authorization amount is exhausted for the final year of the program, the Office will notify applicants that funding for the program has been exhausted without further review of the application.

(15)(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 certified application to its annual tax return filed with the Florida Department of Revenue.

(16)(12) Materials Incorporated by Reference. The Florida Renewable Energy Technologies Investment Tax Credit Application, FDACS-01918 (Rev. 11/14) (Rev. 03/13) 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-02448.

Rulemaking Authority 220.192(7) FS. Law Implemented 220.192 FS. History–New 5-2-13, Amended_________.

 

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 Florida Department of Agriculture and Consumer Services, Office of Energy (Office) as follows:

(a) Applicants must complete and submit a completed Florida Renewable Energy Production Tax Credit Application, FDACS-01919, (Rev. 11/14) (Rev. 03/13). ,

(b) Applications must be received by certified mail or hand delivery to the Office, located at Florida Department of Agriculture and Consumer Services, Office of Energy, 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001, either by certified mail or hand delivery.

1. Certified mail means the service provided by the United States Postal Service whereby the sender is provided with a mailing receipt and delivery record.

2. Hand delivery means any physical submission of an application to the Office from a representative of an applicant, courier, or a private delivery service.

(c) Applications must be received by the Office 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. August 15 December 1, 2016 for the production period January 1, 2016 through June 30, 2016.

(d) Applications received after the due date will be determined ineligible.

(e)(b) Applications must include the information required by the application form. All fields and sections on the application must be completed. If for any reason the information required is not applicable, the applicant must note in the specified field either “not applicable” or “n/a”. Applications that are not fully completed or do not include the required information, including blank fields, will be determined incomplete.

(f)(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.

(g)(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 the renewable energy facility was placed in operation.

(h)(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.

(i)(f) A registered agent as defined in Section 607.0501, F.S., officer, or director with an active registration with the Florida Department of State, Division of Corporations must 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. Examples of such information include:

(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 Office 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 Office 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 Office 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 Office 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.

(7)(8) If the annual tax credit authorization amount is exhausted within a particular state fiscal year, the Office 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.

(8)(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.

(9)(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 Office 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.

(10) Materials Incorporated by Reference. The Florida Renewable Energy Production Tax Credit Application, FDACS-01919, (Rev. 11/14) (Rev. 03/13) 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-02449.

Rulemaking Authority 220.193(6) FS. Law Implemented 220.193 FS. History–New 5-2-13, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kelley Smith Burk

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 10, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 26, 2014