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State and Federal Incentives and Laws

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Alternative Fuels Production Incentive

The Innovation Incentive Program is created within the Office of Tourism, Trade, and Economic Development to provide resources for business projects that allow the state to effectively compete for high-value research and development, including alternative and renewable energy projects. To qualify, an alternative and renewable energy project must involve collaboration with an institution of higher education; provide the state a minimum full return on investment within a 20-year period; include matching funds provided by the applicant or other available sources; and be located in the state of Florida. Additional criteria may apply. For the purposes of this incentive, alternative and renewable energy means electrical, mechanical, or thermal energy produced from a method that uses one or more of the following energy sources: ethanol, cellulosic ethanol, biobutanol, biodiesel, biomass, biogas, hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind, or geothermal. (Reference House Bill 7135, 2008, and Florida Statutes 377.804)

Renewable Energy Grants

The Renewable Energy Technologies Grants Program provides matching grants for demonstration, commercialization, research, and development projects relating to renewable energy technologies, including those generating or utilizing hydrogen or biomass resources. (Reference Florida Statutes 377.804)

Hydrogen and Biofuels Tax Exemption

Through July 1, 2010, the sale or use of the following is exempt from Florida state sales, rental, use, consumption, distribution, and storage tax: 1) hydrogen powered vehicles and related materials, and hydrogen fueling stations, up to a maximum of $2 million in taxes in each fiscal year in aggregate; 2) materials used in the distribution of biodiesel (B10-B100) and ethanol (E10-E100), including fueling infrastructure, transportation, and storage, up to a maximum of $1 million in taxes in each fiscal year for all taxpayers. Gasoline fueling station dispenser retrofits for ethanol (E10-E100) distribution also qualify for this exemption. (Reference Florida Statutes 212.08)

Hydrogen and Biofuels Investment Tax Credit

A credit against the state sales and use tax is available for costs incurred between July 1, 2006, and June 30, 2010, for the following: 1) 75% of all capital, operation and maintenance, and research and development costs incurred in connection with an investment in hydrogen-powered vehicles and hydrogen vehicle fueling stations in the state, up to a maximum of $3 million in each fiscal year for all taxpayers; and 2) 75% of all capital operation and maintenance, and research and development costs incurred in connection with an investment in the production, storage, and distribution of biodiesel (B10-B100) and ethanol (E10-E100) in the state, up to a maximum of $6.5 million in each fiscal year for all taxpayers. This includes the costs of constructing, installing, and equipping such technologies; gasoline fueling station dispenser retrofits for ethanol (E10-E100) distribution also qualify.

Credits may be used in tax years beginning January 1, 2007, and ending December 31, 2010. If the credit is not fully used in any one tax year because of insufficient tax liability on the part of the corporation, the unused amount may be carried forward and used in tax years beginning January 1, 2007, and ending December 31, 2012. For tax years beginning January 1, 2009, any entity which is allowed the investment tax credit may transfer the credit, in whole or in part, to any taxpayer by written agreement without transferring ownership interest in the qualified property.

(Reference House Bill 7135, 2008, and Florida Statutes 220.192)

State Energy Task Force

The Florida Renewable Energy Technologies and Energy Efficiency Act is established to increase the state's energy stability and protect public health by advancing the development of efficient and renewable energy technologies, including those related to hydrogen, ethanol, and biodiesel. The Act creates the Florida Energy Commission, which is responsible for developing recommendations for legislation to establish a state energy policy, focusing on energy-efficiency issues including the encouragement of in-state research, development, and deployment of alternative fuels for motor vehicles. As required by the Act, the Florida Department of Environmental Protection provided a report entitled Leadership by Example: Energy Efficiency and Conservation (PDF 188 KB), which includes a description of state programs designed to achieve energy conservation and energy efficiency through the inclusion of alternative fuel vehicles in state fleets. (Reference Florida Statutes 377.801-377.806 and 377.901)

Point of Contact

General Inquiries
Florida Energy Office
Phone (850) 245-8002
http://www.dep.state.fl.us/energy

Alternative Fuels Tax

A person operating an alternative fuel vehicle (AFV) must purchase an annual decal from the Florida Department of Motor Vehicles in lieu of the excise tax on gasoline. Fueling stations are not allowed to fuel an AFV that does not display the proper decal. State and local government AFV fleets are exempt from paying the decal fee. In addition to the state alternative fuel fee imposed by this section, a person fueling a vehicle from their own facility is required to pay a local alternative fuel fee in lieu of each cent of excise tax levied by a county (Reference Florida Statutes 206.877)

Alternative Fuel License

An individual who wishes to be a wholesale distributor of an alternative fuel must first obtain a license from the Florida Department of Revenue. (Reference Florida Statutes 206.89)