| 1 | A bill to be entitled |
| 2 | An act relating to energy efficiency; amending s. |
| 3 | 212.055, F.S.; providing for a portion of the proceeds |
| 4 | of the local government infrastructure surtax to be |
| 5 | used to provide loans, grants, and rebates to |
| 6 | residential property owners who make energy efficiency |
| 7 | improvements to their residential property, subject to |
| 8 | referendum; defining the term "energy efficiency |
| 9 | improvement"; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Paragraph (d) of subsection (2) of section |
| 14 | 212.055, Florida Statutes, is amended to read: |
| 15 | 212.055 Discretionary sales surtaxes; legislative intent; |
| 16 | authorization and use of proceeds.-It is the legislative intent |
| 17 | that any authorization for imposition of a discretionary sales |
| 18 | surtax shall be published in the Florida Statutes as a |
| 19 | subsection of this section, irrespective of the duration of the |
| 20 | levy. Each enactment shall specify the types of counties |
| 21 | authorized to levy; the rate or rates which may be imposed; the |
| 22 | maximum length of time the surtax may be imposed, if any; the |
| 23 | procedure which must be followed to secure voter approval, if |
| 24 | required; the purpose for which the proceeds may be expended; |
| 25 | and such other requirements as the Legislature may provide. |
| 26 | Taxable transactions and administrative procedures shall be as |
| 27 | provided in s. 212.054. |
| 28 | (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.- |
| 29 | (d) The proceeds of the surtax authorized by this |
| 30 | subsection and any accrued interest shall be expended by the |
| 31 | school district, within the county and municipalities within the |
| 32 | county, or, in the case of a negotiated joint county agreement, |
| 33 | within another county, to finance, plan, and construct |
| 34 | infrastructure; to acquire land for public recreation, |
| 35 | conservation, or protection of natural resources; to provide |
| 36 | loans, grants, or rebates to residential property owners, with |
| 37 | preference given to low-income elders, Florida veterans of the |
| 38 | Armed Forces of the United States, and disabled adults, who make |
| 39 | energy efficiency improvements to their residential property, if |
| 40 | a local government ordinance authorizing such use is approved by |
| 41 | referendum; or to finance the closure of county-owned or |
| 42 | municipally owned solid waste landfills that have been closed or |
| 43 | are required to be closed by order of the Department of |
| 44 | Environmental Protection. Any use of the proceeds or interest |
| 45 | for purposes of landfill closure before July 1, 1993, is |
| 46 | ratified. The proceeds and any interest may not be used for the |
| 47 | operational expenses of infrastructure, except that a county |
| 48 | that has a population of fewer than 75,000 and that is required |
| 49 | to close a landfill may use the proceeds or interest for long- |
| 50 | term maintenance costs associated with landfill closure. |
| 51 | Counties, as defined in s. 125.011, and charter counties may, in |
| 52 | addition, use the proceeds or interest to retire or service |
| 53 | indebtedness incurred for bonds issued before July 1, 1987, for |
| 54 | infrastructure purposes, and for bonds subsequently issued to |
| 55 | refund such bonds. Any use of the proceeds or interest for |
| 56 | purposes of retiring or servicing indebtedness incurred for |
| 57 | refunding bonds before July 1, 1999, is ratified. |
| 58 | 1. For the purposes of this paragraph, the term |
| 59 | "infrastructure" means: |
| 60 | a. Any fixed capital expenditure or fixed capital outlay |
| 61 | associated with the construction, reconstruction, or improvement |
| 62 | of public facilities that have a life expectancy of 5 or more |
| 63 | years and any related land acquisition, land improvement, |
| 64 | design, and engineering costs. |
| 65 | b. A fire department vehicle, an emergency medical service |
| 66 | vehicle, a sheriff's office vehicle, a police department |
| 67 | vehicle, or any other vehicle, and the equipment necessary to |
| 68 | outfit the vehicle for its official use or equipment that has a |
| 69 | life expectancy of at least 5 years. |
| 70 | c. Any expenditure for the construction, lease, or |
| 71 | maintenance of, or provision of utilities or security for, |
| 72 | facilities, as defined in s. 29.008. |
| 73 | d. Any fixed capital expenditure or fixed capital outlay |
| 74 | associated with the improvement of private facilities that have |
| 75 | a life expectancy of 5 or more years and that the owner agrees |
| 76 | to make available for use on a temporary basis as needed by a |
| 77 | local government as a public emergency shelter or a staging area |
| 78 | for emergency response equipment during an emergency officially |
| 79 | declared by the state or by the local government under s. |
| 80 | 252.38. Such improvements are limited to those necessary to |
| 81 | comply with current standards for public emergency evacuation |
| 82 | shelters. The owner must enter into a written contract with the |
| 83 | local government providing the improvement funding to make the |
| 84 | private facility available to the public for purposes of |
| 85 | emergency shelter at no cost to the local government for a |
| 86 | minimum of 10 years after completion of the improvement, with |
| 87 | the provision that the obligation will transfer to any |
| 88 | subsequent owner until the end of the minimum period. |
| 89 | e. Any land acquisition expenditure for a residential |
| 90 | housing project in which at least 30 percent of the units are |
| 91 | affordable to individuals or families whose total annual |
| 92 | household income does not exceed 120 percent of the area median |
| 93 | income adjusted for household size, if the land is owned by a |
| 94 | local government or by a special district that enters into a |
| 95 | written agreement with the local government to provide such |
| 96 | housing. The local government or special district may enter into |
| 97 | a ground lease with a public or private person or entity for |
| 98 | nominal or other consideration for the construction of the |
| 99 | residential housing project on land acquired pursuant to this |
| 100 | sub-subparagraph. |
| 101 | 2. For the purposes of this paragraph, the term "energy |
| 102 | efficiency improvement" means any energy conservation and |
| 103 | efficiency measure that reduces consumption through conservation |
| 104 | or a more efficient use of electricity, natural gas, propane, or |
| 105 | other forms of energy on the property, including, but not |
| 106 | limited to, air sealing; installation of insulation; |
| 107 | installation of energy-efficient heating, cooling, or |
| 108 | ventilation systems; installation of solar panels; building |
| 109 | modifications to increase the use of daylight or shade; |
| 110 | replacement of windows; installation of energy controls or |
| 111 | energy recovery systems; installation of electric vehicle |
| 112 | charging equipment; and installation of efficient lighting |
| 113 | equipment. |
| 114 | 3.2. Notwithstanding any other provision of this |
| 115 | subsection, a local government infrastructure surtax imposed or |
| 116 | extended after July 1, 1998, may allocate up to 15 percent of |
| 117 | the surtax proceeds for deposit in a trust fund within the |
| 118 | county's accounts created for the purpose of funding economic |
| 119 | development projects having a general public purpose of |
| 120 | improving local economies, including the funding of operational |
| 121 | costs and incentives related to economic development. The ballot |
| 122 | statement must indicate the intention to make an allocation |
| 123 | under the authority of this subparagraph. |
| 124 | Section 2. This act shall take effect July 1, 2012. |