Meeting Packet — Tourism, Infrastructure & Energy Subcommittee (February 15, 2022)

Summary

Meeting packet for the Tourism, Infrastructure & Energy Subcommittee of the Commerce Committee, Tuesday, February 15, 2022, 8:00 AM in Reed Hall (102 HOB). The agenda lists HB 247 by Salzman (Florida Main Street Program and Historic Preservation Tax Credits), CS/HB 399 Motor Vehicle and Vessel Law Enforcement, HB 1031 Transportation Research by Andrade, HB 1419, CS/HB 1461 Reinstatement of Suspended Driver Licenses, and a proposed committee substitute for HB 737 (Electric Vehicle Transportation Electrification Plan). The staff analysis of HB 247 discusses the National Register of Historic Places and the Main Street America program. The packet closes with the text of PCS for HB 737, whose Section 2 provides that the act takes effect July 1, 2022.

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“Meeting Packet — Tourism, Infrastructure & Energy Subcommittee (February 15, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-02-15-3103-tourism-infrastructure-energy-subcommittee-meeting-pac-b8e485f458/, SHA-256 e8282d0885765c3908175dc45f0c248c7360137bb820d1239fad1055f8dd8654.

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Tourism, Infrastructure & Energy
Subcommittee
Tuesday, February 15, 2022
8:00 am – 10:00 am
Reed Hall (102 HOB)

Meeting Packet

Chris Sprowls Brad Drake
Speaker Chair
The Florida House of Representatives
Commerce Committee
Tourism, Infrastructure & Energy Subcommittee
Chris Sprowls Brad Drake
Speaker Chair

Meeting Agenda
Tuesday, February 15, 2022
8:00 AM – 10:00 AM
Reed Hall (102 HOB)

I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
HB 247 Florida Main Street Program and Historic Preservation Tax Credits by
Salzman
CS/HB 399 Motor Vehicle and Vessel Law Enforcement by Criminal Justice &
Public Safety Subcommittee, Rodriguez
HB 1031 Transportation Research by Andrade
HB 1419 Financial Assistance for Municipal Solid Waste-to-Energy Facilities by
Mariano
CS/HB 1461 Reinstatement of Suspended Driver Licenses by Criminal Justice &
Public Safety Subcommittee, Driskell
Consideration of the following proposed committee substitute(s):
PCS for HB 737 -- Electric Vehicle Transportation Electrification Plan
V. Closing Remarks
VI. Adjournment

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 247
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 247 Florida Main Street Program and Historic Preservation Tax Credits
SPONSOR(S): Salzman and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1310

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee Walsh Keating

2) Ways & Means Committee

3) Commerce Committee

SUMMARY ANALYSIS
The National Register of Historic Places, under the National Park Service, is “part of a national program to
coordinate and support public and private efforts to identify, evaluate, and protect America’s historic and
archeological resources.” Properties listed in the National Register are eligible for federal preservation tax
credits.

The Main Street America program offers community-based revitalization initiatives to assist in transforming
downtowns. In order to be designated as either an affiliate or accredited member of Main Street America, a
community must first become a member of the National Main Street Center and meet certain requirements .

Florida levies a 5.5 percent tax on certain income of corporations and financial institutions doing business in
Florida. Florida also imposes a 1.75 percent tax on most Florida insurance premiums.

The bill creates the Main Street Historic Tourism and Revitalization Act (Act) which provides a tax credit
against corporate income tax and insurance premium tax for qualified expenses incurred in the rehabilitation of
a certified historic structure. The bill provides eligibility and filing requirements. Under the bill, a tax credit as
authorized by the Act may be sold or transferred. The bill gives DOR the authority to audit tax credit applicants
to verify the legitimacy of qualified expenditures. Under the bill, DOR is granted rulemaking authority to
administer the Act.

The bill does not appear to impact local government revenues or expenditures. By implementing a new tax
credit, the bill will likely decrease state revenues. The bill may increase state expenditures.

The bill provides an effective date of July 1, 2022.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

National Register of Historic Places

The National Register of Historic Places (National Register),1 under the National Park Service, is “part
of a national program to coordinate and support public and private efforts to identify, evaluate, and
protect America’s historic and archeological resources.” 2 The program:
 Reviews property nominations and lists eligible properties in the National Register;
 Offers guidance on evaluating, documenting, and listing historic places; and
 Helps qualified historic properties receive preservation benefits and incentives. 3

Properties listed in the National Register are eligible for federal preservation tax credits. A twenty
percent federal income tax credit is available for the rehabilitation of historic, income-producing
buildings that are determined by the Secretary of the Interior, through the National Park Service, to be
certified historic structures.4

Main Street America

Main Street America, a program under the National Main Street Center, 5 is a network of grassroots
organizations that “revitalizes older and historic commercial districts to build vibrant neighborhoods and
thriving economies.”6 The program offers community-based revitalization initiatives to assist in
transforming downtowns. In order to be designated as either an affiliate or accredited member of Main
Street America, a community must first become a member of the National Main Street Center and meet
certain requirements.7 Main Street America has coordinating programs that are organized at the state,
county, and city level that partner with the National Main Street Center to provide support and training
to Main Street America communities.

Florida has two coordinating programs: Florida Main Street America located in Tallahassee and
Orlando Main Street located in Orlando.8 Florida Main Street is administered by the Division of
Historical Resources (division) under the Florida Department of State. 9 Forty-five Florida Main Streets
and ten Orlando Main Streets have received technical assistance toward the goal of revitalizing historic
downtowns and encouraging economic development. 10

1 54 U.S.C., § 3201.
2 U.S. Department of the Interior, National Park Service, National Register of Historic Places, What is the National
Register of Historic Places?, https://www.nps.gov/subjects/nationalregister/ what -is-the-national-register.htm (last visited
Feb. 11, 2022).
3 Id.
4 U.S. Department of the Interior, National Park Service, Technical Preservation Services , https://www.nps.gov/tps/tax-

incentives.htm (last visited Feb. 11, 2022).
5 The National Main Street Center was established in 1980 as a program of the National Trust for Historic Preservation to

address issues facing aging and historic downtowns. The Center launched the Main Street America program in 2015. See
Main Street America, About Us, https://www.mainstreet.org/about-us (last visited Feb. 11, 2022).
6 Id.
7 Main Street America, Designation, https://higherlogicdownload.s3.amazonaws.com/NMSC/390e0055 -2395-4d3b-af60-

81b53974430d/UploadedImages/Main_Street_America_Tier_System_Overview_ -_2021_July_Update. pdf (last visited
Feb. 11, 2022).
8 Main Street America, Coordinating Programs, https://higherlogicdownload.s3.amazonaws.com/NMS C/390e0055-2395-

4d3b-af60-81b53974430d/UploadedImages/ The_P rograms/2020_Coordinating_Program_List.pdf (last visited Feb. 11,
2022).
9 S. 267.031(5), F.S.
10 Visit Florida, Florida Main Street Programs Have Stories to Tell, https://www.visitflorida.com/travel-ideas/articles/florida-

main-street/ (last visited Feb. 11, 2022).
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Corporate Income Tax

Florida levies a 5.5 percent tax on certain income of corporations and financial institutions doing
business in Florida.11 Florida utilizes the taxable income determined for federal income tax purposes as
a starting point to determine the total amount of Florida corporate income tax due. 12 This means that a
corporation paying taxes in Florida generally receives the same benefits from deductions allowed when
determining taxable income for federal tax purposes as it does when determining taxable income for
state taxation purposes.

Insurance Premium Tax

Florida imposes a 1.75 percent tax on most Florida insurance premiums.13 Insurance premium taxes
are paid by insurance companies under ch. 624, F.S., and are remitted to the Department of Revenue
(DOR). These revenues are distributed to General Revenue.

Effect of the Bill

To be eligible for the tax credits, a taxpayer must apply to DOR for a tax credit before taking a credit on
their return and must document that:
 The rehabilitation is a certified rehabilitation;15
 The structure is a certified historic structure,16 is income-producing, is located within the state,
and was rehabilitated and placed into service on or after July 1, 2022;
 The taxpayer had an ownership interest in the certified historic structure in the year during
which the certified historic structure was placed into service after the certified rehabilitation was
completed; and
 The total amount of qualified expenses incurred in rehabilitating the certified historic structure
exceeded $5,000.

Under the bill, before a taxpayer can claim or transfer a tax credit, the taxpayer must provide the
following information to DOR:
 An official certificate of eligibility from the Division of Historical Resources of the Department of
State signed by the State Historic Preservation Officer or the Deputy State Historic Preservation
Officer attesting that the project has been approved by the National Park Service and confirming
whether the project is or is not located within a Main Street local program area;
 National Park Service Form 10-168c, signed by the National Park Service attesting that the
completed rehabilitation meets the U.S. Secretary of the Interior’s Standards for Rehabilitation
and is consistent with the historic character of the property and, if applicable, the district in
which the completed rehabilitation is located;

11 S. 220.11(2), F.S.
12 S. 220.12, F.S.
13 S. 624.509, F.S.
14 The bill defines “qualified expenses” as qualified rehabilitation expenditures (defined in 26 U.S.C., §47(c)(2)) and
structural components (defined in 26 C.F.R., § 1.48-1(e)(2)) at the time of project certification by the U.S. Secretary of the
Interior and the U.S. Internal Revenue Service (IRS).
15 The bill defines “certified rehabilitation” as the rehabilitation of a certified historic structure that the United States

Secretary of the Interior has certified to the United States Secretary of the Treasury as being consistent with the historic
character of the certified historic structure and, if applicable, consistent with the registered historic district in which t he
certified historic structure is located as set forth in 36 C.F.R. s. 67.2.
16 The bill defines “certified historic structure” as a building and its structural components which are of a character subject

to the allowance for depreciation provided in s. 167 of the Internal Revenue Code and which is listed on the National
Register of Historic Places or located within a registered historic district and certified by the U.S. Secretary of the Inter ior
as being of historic significance to the registered historic district.
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 Identification of the dates during which the structure was rehabilitated, the date the structure
was first placed into service after certified rehabilitation was completed, and evidence that the
structure was placed into service after the certified rehabilitation was completed;
 A list of total qualified expenses incurred by the taxpayer in rehabilitating the certified historic
structure;17
 An attestation of the total qualified expenses incurred by the taxpayer in rehabilitating the
certified historic structure;
 A completed “Florida Corporate Income/Franchise Tax Return” form issued by DOR for
insurance premium tax reporting; and
 The information required to be reported by DOR to enable the agency to compile its annual
report based on the tax credit applications submitted and approved.

Under the bill, the tax credit may be used to offset the corporate income tax and the insurance premium
tax. The total tax credit claimed annually may not exceed the amount of tax due after any other
applicable tax credits and may not exceed:
 Twenty percent of the total qualified expenses incurred in rehabilitating a certified historic
structure that has been approved by the National Park Service to receive the federal historic
rehabilitation tax credit; or
 Thirty percent of the total qualified expenses incurred in rehabilitating a certified historic
structure that has been approved by the National Park Service to receive the federal historic
rehabilitation tax credit and that is located within a local program area of an Accredited Main
Street Program.

If a taxpayer is eligible for a tax credit that exceeds taxes owed, the taxpayer may carry the unused tax
credit forward for a period of up to 10 years.

The bill provides that there is no limit on the total number of transactions for the sale or transfer of all or
part of a tax credit. However, qualified expenses may only be counted once in determining the amount
of an available tax credit, and more than one taxpayer may not claim a tax credit for the same qualified
expenses.

Under the bill, a taxpayer that sells or transfers a tax credit and the purchaser or transferee must jointly
submit written notice of the sale or transfer to DOR no later than the 30th day after the date of the sale
or transfer. The notice must include the following information:
 The date of the sale or transfer;
 The amount of the tax credit sold or transferred;
 The name and federal tax identification number of the taxpayer that sold or transferred the tax
credit and the purchaser or transferee; and
 The amount of the tax credit owned by the taxpayer before the sale or transfer and the amount
the selling or transferring taxpayer retained, if any, after the sale or transfer.

The sale or transfer of a tax credit does not extend the period for which a tax credit may be carried
forward and does not increase the total amount of the tax credit that may be claimed.

The bill provides that a tax credit earned, purchased, or transferred to a partnership, limited liability
company, S corporation, or other pass-through taxpayer may be allocated to the partners, members, or
shareholders of that taxpayer and without regard to the ownership interest of the partners, members, or
shareholders in the rehabilitated certified historic structure.

The bill provides that if the tax credit is reduced due to a determination, examination, or audit by DOR,
the tax deficiency must be recovered from the taxpayer that sold or transferred the tax credit or the
purchaser or transferee that claimed the tax credit up to the amount of the tax credit taken. Any

17 For certified rehabilitationswith qualified expenses that exceeded $750,000, the taxpayer must submit an audited cost
report that itemizes the qualified expenses incurred in rehabilitating the structure as provided in the Florida Single Audit
Act.
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subsequent deficiencies must be assessed against the purchaser or transferee that claimed the tax
credit, or in the case of multiple succeeding entities, in the order of tax credit succession.

Under the bill, DOR is authorized to perform additional financial and technical audits and examinations,
including examining the accounts, books, or records of the tax credit applicant, to verify the legitimacy
of the qualified expenses included in a tax credit return and to ensure compliance. It is grounds for
forfeiture of previously claimed and received tax credits if DOR determines that a taxpayer received a
tax credit to which the taxpayer was not entitled. The taxpayer must return the forfeited tax credits to
DOR, which will then be paid into the General Revenue Fund.

The bill provides that the taxpayer must file an amended tax return and pay any required tax within 60
days after the taxpayer receives notification from the IRS that a previously approved tax credit has
been revoked or modified, if uncontested, or within 60 days after a final order is issued following
proceedings involving a contested revocation or modification order. DOR may issue a notice of
deficiency at any time within five years after the date on which the taxpayer receives notification from
the IRS that a previously approved tax credit has been revoked or modified.

The bill permits DOR to issue a notice of deficiency at any time if the taxpayer fails to notify DOR of any
change in its tax credit claimed. The amount of any proposed assessment in the notice of deficiency is
limited to the amount of any deficiency from the precomputation of the taxpayer’s tax for the taxable
year. Furthermore, a taxpayer is subject to applicable penalties and interest for failing to report and
timely paying any tax due as a result of the forfeiture of its tax credit.

The bill provides that DOR must provide an annual report that identifies, in the aggregate:
 The number of employees hired during construction phases;
 The use of each newly rehabilitated building and the expected number of employees hired;
 The number of affordable housing units created or preserved; and
 The property values before and after the certified rehabilitations.

Under the bill, DOR must also establish any necessary forms required to claim a tax credit; provide
administrative guidelines and procedures required to administer the Act, including rules establishing an
entitlement to and sale or transfer of a tax credit; and provide examination and audit procedures
required to administer the Act.

The bill grants DOR rulemaking authority to administer the Act.

B. SECTION DIRECTORY:
Section 1: Creates 220.197, F.S., which creates and provides terms for the Main Street Historic
Tourism and Revitalization Act.

Section 2: Provides an effective date of July 1, 2022.

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II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
By implementing a new tax credit, the bill will likely decrease state revenues.

2. Expenditures:
According to DOR, the bill will have a non-recurring negative fiscal impact in the amount of
$250,772 for fiscal year 2021-2022 in order to make modifications to the DOR’s software systems,
databases and applications.18 Additionally, new rules and forms must be promulgated in order to
administer the tax credit.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Taxpayers who have an ownership interest in a certified historic structure in the year during which the
structure was placed into service after the certified rehabilitation was complete may be eligible to
receive a tax credit to offset corporate income taxes and insurance premium taxes for qualified
expenses incurred in the rehabilitation of the certified historic structure. This may lead to greater private
investment in the rehabilitation of certified historic structures, which may have a positive impact on jobs
and property values.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to impact county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill authorizes DOR to adopt rules to administer the Act.

C. DRAFTING ISSUES OR OTHER COMMENTS:
To administer this section, DOR suggests that the bill include language which gives them emergency
rulemaking authority and changes the effective date to July 1, 2023. 19

18 Department of Revenue, Agency Analysis of 2022 House Bill 247, p.11 (Oct. 25, 2021).
19 Id. at 8.
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The bill makes multiple references to when the certified historic structure is “placed into service,” but
does not define this term. According to DOR, the bill is also unclear when it refers to a certified historic
structure that has been “rehabilitated and placed into service on or after July 1, 2022.” This language is
unclear as to whether the rehabilitation may begin before July 1, 2022.20

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.

20 Id.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 247 2022

1 A bill to be entitled
2 An act relating to Florida Main Street Program and
3 historic preservation tax credits; creating s.
4 220.197, F.S.; providing a short title; defining
5 terms; specifying eligibility requirements for
6 receiving specified tax credits for taxpayers that
7 rehabilitate certified historic structures; specifying
8 the amount of tax credits; authorizing the
9 carryforward, sale, and transfer of tax credits;
10 providing the Department of Revenue audit and
11 examination powers for specified purposes related to
12 certified rehabilitation expenses; requiring the
13 return of forfeited tax credits under certain
14 circumstances; requiring the department to provide
15 specified annual reports to the Legislature; providing
16 duties of the department; authorizing the department
17 to adopt rules; providing an effective date.
18
19 WHEREAS, historic revitalization creates highly paid local
20 construction jobs, and
21 WHEREAS, historic rehabilitation increases the value of
22 buildings and results in a growing state and local tax base, and
23 WHEREAS, historic revitalization boosts heritage tourism
24 and creates thriving downtowns that are attractive to main
25 street businesses, and

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26 WHEREAS, reusing historic buildings creates affordable
27 spaces for small business incubation, and
28 WHEREAS, repurposing historic buildings saves resources and
29 activates vacant spaces, and
30 WHEREAS, historic rehabilitation projects leverage
31 significant private investment, and
32 WHEREAS, leveraging state tax incentives increases the
33 effectiveness of federal Historic Preservation Tax Incentives
34 and the Opportunity Zones Program to encourage the historic
35 preservation of existing buildings, and
36 WHEREAS, an increase in rehabilitation activity occurs when
37 a state incentive is combined with federal Historic Preservation
38 Tax Incentives, and
39 WHEREAS, many historic buildings in the state need safety
40 upgrades and other improvements that require both public and
41 private investment to return these buildings as assets of their
42 local communities, NOW, THEREFORE,
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Section 220.197, Florida Statutes, is created
47 to read:
48 220.197 The Main Street Historic Tourism and
49 Revitalization Act; tax credits; reports.—
50 (1) SHORT TITLE.-This act may be cited as the "Main Street

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51 Historic Tourism and Revitalization Act."
52 (2) DEFINITIONS.—As used in this section, the term:
53 (a) "Accredited Main Street Program" means an active
54 Florida Main Street Program that meets Main Street America
55 accreditation standards. An Accredited Main Street Program must:
56 1. Have broad-based community support for the commercial
57 district revitalization process with strong support from the
58 public and private sectors.
59 2. Have a developed vision and mission statement relevant
60 to community conditions and to Main Street America's
61 organizational stage.
62 3. Have a comprehensive Main Street America work plan.
63 4. Possess an historic preservation ethic.
64 5. Have an active board of directors and committees.
65 6. Have an adequate operating budget.
66 7. Have a paid professional program manager.
67 8. Conduct a program of ongoing training for staff and
68 volunteers.
69 9. Report key statistics.
70 10. Be a current member of Main Street America.
71 (b) "Certified historic structure" means a building and
72 its structural components as defined in 36 C.F.R s. 67.2 that is
73 of a character subject to the allowance for depreciation
74 provided in s. 167 of the Internal Revenue Code of 1986, as
75 amended, and that is:

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76 1. Individually listed in the National Register of
77 Historic Places; or
78 2. Located within a registered historic district and
79 certified by the United States Secretary of the Interior as
80 being of historic significance to the registered historic
81 district as set forth in 36 C.F.R. s. 67.2.
82 (c) "Certified rehabilitation" means the rehabilitation of
83 a certified historic structure that the United States Secretary
84 of the Interior has certified to the United States Secretary of
85 the Treasury as being consistent with the historic character of
86 the certified historic structure and, if applicable, consistent
87 with the registered historic district in which the certified
88 historic structure is located as set forth in 36 C.F.R. s. 67.2.
89 (d) "Division" means the Division of Historical Resources
90 of the Department of State.
91 (e) "Florida Main Street Program" means a statewide
92 historic preservation-based downtown revitalization assistance
93 program created, maintained, and administered by the division
94 under s. 267.031(5).
95 (f) "Local program area" means the specific geographic
96 area in which an Accredited Main Street Program is conducted as
97 approved and maintained by the division.
98 (g) "Main Street America" means a national network of
99 grassroots organizations revitalizing historic downtown areas
100 under the leadership of the National Main Street Center, Inc., a

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101 subsidiary of the National Trust for Historic Preservation.
102 (h) "National Register of Historic Places" means the list
103 of historic properties significant in American history,
104 architecture, archeology, engineering, and culture maintained by
105 the United States Secretary of the Interior as authorized in 54
106 U.S.C s. 3021.
107 (i) "Qualified expenses" means qualified rehabilitation
108 expenditures as defined in 26 U.S.C. s. 47(c)(2) and structural
109 components as defined in 26 C.F.R. s. 1.48-1(e)(2) at the time
110 of project certification by the United States Secretary of the
111 Interior and the United States Internal Revenue Service.
112 (j) "Registered historic district" means a district listed
113 in the National Register of Historic Places or a district:
114 1. Designated under general law or local ordinance and
115 certified by the United States Secretary of the Interior as
116 containing criteria that will substantially achieve the purp oses
117 of preserving and rehabilitating buildings of historic
118 significance to the district; and
119 2. Certified by the United States Secretary of the
120 Interior as meeting substantially all of the requirements for
121 listing a district in the National Register of Historic Places.
122 (3) ELIGIBILITY FOR TAX CREDIT.—To claim and receive a tax
123 credit under this section, a taxpayer must first apply to the
124 department for a tax credit for qualified expenses in the amount
125 and under the conditions and limitations provided i n this

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126 section against the tax due for a taxable year under this
127 chapter and must document that:
128 (a) The rehabilitation is a certified rehabilitation.
129 (b) The structure is a certified historic structure, is
130 income-producing, is located within the state, and was
131 rehabilitated and placed into service on or after July 1, 2022.
132 (c) The taxpayer had an ownership interest in the
133 certified historic structure in the year during which the
134 certified historic structure was placed into service after the
135 certified rehabilitation was completed.
136 (d) The total amount of qualified expenses incurred in
137 rehabilitating the certified historic structure exceeded $5,000.
138 (4) TAX CREDIT FILING REQUIREMENTS.—Before claiming or
139 transferring a tax credit under this section, the taxpayer must
140 provide the department with the following information:
141 (a) An official certificate of eligibility from the
142 division signed by the State Historic Preservation Officer or
143 the Deputy State Historic Preservation Officer attesting that
144 the project has been approved by the National Park Service and
145 confirming whether the project is or is not located within a
146 Main Street local program area.
147 (b) National Park Service Form 10-168e (Rev. 2019), titled
148 "Historic Preservation Certification Application–Request for
149 Certification of Completed Work-Part 3," signed by the National
150 Park Service attesting that the completed rehabilitation meets

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151 the United States Secretary of the Interior's Standards for
152 Rehabilitation and is consistent with the historic character of
153 the property and, if applicable, the district in which the
154 completed rehabilitation is located. The form may be obtained
155 through the National Park Service.
156 (c) An identification of the dates during which the
157 certified historic structure was rehabilitated, the date the
158 certified historic structure was first placed into service after
159 the certified rehabilitation was completed, and evidence that
160 the certified historic structure was placed into service after
161 the certified rehabilitation was completed.
162 (d) A list of total qualified expenses incurred by the
163 taxpayer in rehabilitating the certified historic structure. For
164 certified rehabilitations with qualified expenses that exceeded
165 $750,000, the taxpayer must submit an audited cost report issued
166 by a certified public accountant that itemizes the qualified
167 expenses incurred in rehabilitating the certified historic
168 structure as provided in s. 215.97.
169 (e) An attestation of the total qualified expenses
170 incurred by the taxpayer in rehabilitating the certified
171 historic structure.
172 (f) A completed Form F-1120, titled "Florida Corporate
173 Income/Franchise Tax Return," or other appropriate tax form
174 issued by the department for insurance premium tax reporting.
175 (g) The information required to be reported by the

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176 department in subsection (9) to enable the department to compile
177 its annual report.
178 (5) AMOUNT OF TAX CREDIT.—The total tax credit claimed
179 annually may not exceed the amount of tax due after any other
180 applicable tax credits and may not exceed the following:
181 (a) Twenty percent of the total qualified expenses
182 incurred in rehabilitating a certified historic structure that
183 has been approved by the National Park Service to receive the
184 federal historic rehabilitation tax credit; or
185 (b) Thirty percent of the total qualified expenses
186 incurred in rehabilitating a certified historic structure that
187 has been approved by the National Park Service to receive the
188 federal historic rehabilitation tax credit and that is located
189 within a local program area of an Accredited Main Street
190 Program.
191
192 The tax credit may be used to offset the corporate income tax
193 imposed in s. 220.11 and the insurance premium tax imposed in s.
194 624.509.
195 (6) CARRYFORWARD OF TAX CREDIT.—
196 (a) If a taxpayer is eligible for a tax credit that
197 exceeds taxes owed, the taxpayer may carry the unused tax credit
198 forward for a period of up to 10 years.
199 (b) A carryforward is considered the remaining portion of
200 a tax credit that cannot be claimed in the current tax year.

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HB 247 2022

201 (7) SALE OR TRANSFER OF TAX CREDIT.—
202 (a) A taxpayer that incurs qualified expenses may sell or
203 transfer all or part of the tax credit that may otherwise be
204 claimed to another taxpayer.
205 (b) A taxpayer to which all or part of the tax credit is
206 sold or transferred may sell or transfer all or part of the tax
207 credit that may otherwise be claimed to another taxpayer.
208 (c) A taxpayer that sells or transfers a tax credit to
209 another taxpayer must provide a copy of the certificate of
210 eligibility together with the audited cost report to th e
211 purchaser or transferee.
212 (d) Qualified expenses may only be counted once in
213 determining the amount of an available tax credit, and more than
214 one taxpayer may not claim a tax credit for the same qualified
215 expenses.
216 (e) There is no limit on the total number of transactions
217 for the sale or transfer of all or part of a tax credit.
218 (f)1. A taxpayer that sells or transfers a tax credit
219 under this subsection and the purchaser or transferee shall
220 jointly submit written notice of the sale or transfer to the
221 department on a form adopted by the department no later than the
222 30th day after the date of the sale or transfer. The notice must
223 include all of the following:
224 a. The date of the sale or transfer.
225 b. The amount of the tax credit sold or transferred.

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226 c. The name and federal tax identification number of the
227 taxpayer that sold or transferred the tax credit and the
228 purchaser or transferee.
229 d. The amount of the tax credit owed by the taxpayer
230 before the sale or transfer and the amount the selling or
231 transferring taxpayer retained, if any, after the sale or
232 transfer.
233 2. The sale or transfer of a tax credit under this
234 subsection does not extend the period for which a tax credit may
235 be carried forward and does not increase the total amount of the
236 tax credit that may be claimed.
237 3. If a taxpayer claims a tax credit for qualified
238 expenses, another taxpayer may not use the same expenses as the
239 basis for claiming a tax credit.
240 4. Notwithstanding the requirements of this subsection, a
241 tax credit earned, purchased by, or transferred to a
242 partnership, limited liability company, S corporation, or other
243 pass-through taxpayer may be allocated to the partners, members,
244 or shareholders of that taxpayer and claimed under this section
245 in accordance with any agreement among the partners, members, or
246 shareholders and without regard to the ownership interest of the
247 partners, members, or shareholders in the rehabilitated
248 certified historic structure.
249 (g) If the tax credit is reduced due to a determination,
250 examination, or audit by the department, the tax deﬁciency shall

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HB 247 2022

251 be recovered from the taxpayer that sold or transferred the tax
252 credit or the purchaser or transferee that claimed the tax
253 credit up to the amount of the tax credit taken.
254 (h) Any subsequent deﬁciencies shall be assessed against
255 the purchaser or transferee that claimed the tax credit or, in
256 the case of multiple succeeding entities, in the order of tax
257 credit succession.
258 (8) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
259 CREDITS; FRAUDULENT CLAIMS.—
260 (a) The department may perform any additional ﬁnancial and
261 technical audits and examinations, including examining the
262 accounts, books, or records of the tax credit applicant, to
263 verify the legitimacy of the qualified expenses included in a
264 tax credit return and to ensure compliance with this section.
265 (b) It is grounds for forfeiture of previously claimed and
266 received tax credits if the department determines, as a result
267 of an audit or information received from the division or the
268 United States Department of the Interior, that a taxpayer
269 received a tax credit pursuant to this section to which the
270 taxpayer was not entitled. In the case of fraud, the taxpayer
271 may not claim any future tax credits under this section.
272 (c) The taxpayer must return forfeited tax credits to the
273 department and such funds shall be paid into the General Revenue
274 Fund.
275 (d) The taxpayer shall ﬁle with the department an amended

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276 tax return or such other report as the department prescribes and
277 shall pay any required tax within 60 days after the taxpayer
278 receives notiﬁcation from the United States Internal Revenue
279 Service that a previously approved tax credit has been revoked
280 or modiﬁed, if uncontested, or within 60 days after a ﬁnal order
281 is issued following proceedings involving a contested revocation
282 or modiﬁcation order.
283 (e) A notice of deﬁciency may be issued by the department
284 at any time within 5 years after the date on which the taxpayer
285 receives notiﬁcation from the United States Internal Revenue
286 Service that a previously approved tax credit has been revoked
287 or modiﬁed.
288 (f) If a taxpayer fails to notify the department of any
289 change in its tax credit claimed, a notice of deﬁciency may be
290 issued at any time. In either case, the amount of any proposed
291 assessment set forth in such notice of deﬁciency is limited to
292 the amount of any deﬁciency resulting under this section from
293 the precomputation of the taxpayer's tax for the taxable year.
294 (g) A taxpayer that fails to report and timely pay any tax
295 due as a result of the forfeiture of its tax credit violates
296 this section and is subject to applicable penalties and
297 interest.
298 (9) ANNUAL REPORTS.—Each year, based on the applications
299 submitted and approved, the department must issue a report to
300 the President of the Senate and the Speaker of the House of

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301 Representatives that identifies, in the aggregate, all of the
302 following:
303 (a) The number of employees hired during construction
304 phases.
305 (b) The use of each newly rehabilitated building and the
306 expected number of employees hired.
307 (c) The number of affordable housing units created or
308 preserved.
309 (d) The property values before and after the certified
310 rehabilitations.
311 (10) DEPARTMENT DUTIES.-The department shall:
312 (a) Establish any necessary forms required to claim a tax
313 credit under this section.
314 (b) Provide administrative guidelines and procedures
315 required to administer this section, including rules
316 establishing an entitlement to and sale or transfer of a tax
317 credit under this section.
318 (c) Provide examination and audit procedures required to
319 administer this section.
320 (11) RULES.—The department may adopt rules to administer
321 this section.
322 Section 2. This act shall take effect July 1, 2022.

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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

HB 247 by Rep. Salzman
Florida Main Street Program and Historic Preservation Tax Credits

AMENDMENT SUMMARY
February 15, 2022

Amendment 1 by Rep. Salzman (strike-all):

• Adds a definition for “long-term leasehold” and revises definitions.
• Provides that the tax credit may be taken for taxable years beginning on or after
January 1, 2023.
• Requires the Division of Historical Resources of the Department of State (division),
rather than the Department of Revenue (DOR), to evaluate and certify applications
for the tax credit.
• Authorizes a taxpayer to submit to the division an audited cost report which was
created when applying for a federal historic rehabilitation tax credit.
• Expands the evaluation process and provides duties for the division.
• Provides the division with audit and examination powers.
• Provides a date by which DOR must annually submit a report to the Legislature.
• Authorizes DOR to make certain information available relating to the tax credit.
• Authorizes DOR to adopt emergency rules.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 247 (2022)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Salzman offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 220.197, Florida Statutes, is created
8 to read:
9 220.197 Main Street Historic Tourism and Revitalization
10 Act; tax credits; reports.—
11 (1) SHORT TITLE.—This act may be cited as the "Main Street
12 Historic Tourism and Revitalization Act."
13 (2) DEFINITIONS.—As used in this section, the term:
14 (a) "Accredited Main Street Program" means an active
15 Florida Main Street Program or the Orlando Main Streets program,
16 provided that such program meets the Main Street America
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Amendment No. 1

17 accreditation standards. An Accredited Main Street Program must:
18 1. Have broad-based community support for the commercial
19 district revitalization process with strong support from the
20 public and private sectors.
21 2. Have a developed vision and mission statement relevant
22 to community conditions and to Main Street America's
23 organizational stage.
24 3. Have a comprehensive Main Street America work plan.
25 4. Possess a historic preservation ethic.
26 5. Have an active board of directors and committees.
27 6. Have an adequate operating budget.
28 7. Have a paid professional program manager.
29 8. Conduct a program of ongoing training for staff and
30 volunteers.
31 9. Report key statistics.
32 10. Be a current member of Main Street America.
33 (b) "Certified historic structure" means a building and
34 its structural components as defined in 36 C.F.R. s. 67.2 which
35 is of a character subject to the allowance for depreciation
36 provided in s. 167 of the Internal Revenue Code of 1986, as
37 amended, and which is:
38 1. Individually listed in the National Register of
39 Historic Places; or
40 2. Located within a registered historic district and
41 certified by the United States Secretary of the Interior as
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Amendment No. 1

42 being of historic significance to the registered historic
43 district as set forth in 36 C.F.R. s. 67.2.
44 (c) "Certified rehabilitation" means the rehabilitation of
45 a certified historic structure that the United States Secretary
46 of the Interior has certified to the United States Secretary of
47 the Treasury as being consistent with the historic character of
48 the certified historic structure and, if applicable, consistent
49 with the registered historic district in which the certified
50 historic structure is located as set forth in 36 C.F.R. s. 67.2.
51 (d) "Division" means the Division of Historical Resources
52 of the Department of State.
53 (e) "Florida Main Street Program" means a statewide
54 historic preservation-based downtown revitalization assistance
55 program created, maintained, and administered by the division
56 under s. 267.031(5).
57 (f) "Local program area" means the specific geographic
58 area in which an Accredited Main Street Program is conducted as
59 approved and maintained by the division or in which the Orlando
60 Main Streets program is conducted.
61 (g) "Long-term leasehold" means a leasehold in a
62 nonresidential real property for a term of 39 years or more or a
63 leasehold in a residential real property for a term of 27.5
64 years or more.
65 (h) "Main Street America" means a national network of
66 grassroots organizations revitalizing historic downtown areas
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Amendment No. 1

67 under the leadership of the National Main Street Center, Inc., a
68 subsidiary of the National Trust for Historic Preservation.
69 (i) "National Register of Historic Places" means the list
70 of historic properties significant in American history,
71 architecture, archeology, engineering, and culture maintained by
72 the United States Secretary of the Interior as authorized in 54
73 U.S.C. s. 3021.
74 (j) "Orlando Main Streets" means a historic preservation-
75 based district revitalization program administered by the City
76 of Orlando.
77 (k) "Qualified expenses" means rehabilitation expenditures
78 qualifying for the credit under 26 U.S.C. s. 47 incurred in this
79 state.
80 (l) "Registered historic district" means a district listed
81 in the National Register of Historic Places or a district:
82 1. Designated under general law or local ordinance and
83 certified by the United States Secretary of the Interior as
84 meeting criteria that will substantially achieve the purposes of
85 preserving and rehabilitating buildings of historic significance
86 to the district; and
87 2. Certified by the United States Secretary of the
88 Interior as meeting substantially all of the requirements for
89 listing a district in the National Register of Historic Places.
90 (3) ELIGIBILITY FOR TAX CREDIT.—For taxable years
91 beginning on or after January 1, 2023, there is allowed a credit
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Amendment No. 1

92 against any tax due for a taxable year under this chapter after
93 the application of any other allowable credits by the taxpayer.
94 (a) To claim and receive a tax credit under this section,
95 a taxpayer must apply to the division for a tax credit for
96 qualified expenses in the amount and under the conditions and
97 limitations provided in this section against the tax due for a
98 taxable year under this chapter and must provide the division
99 with all of the following:
100 1. Documentation showing that:
101 a. The rehabilitation is a certified rehabilitation;
102 b. The structure is a certified historic structure, is
103 income-producing, is located within this state, and is
104 rehabilitated and placed in service on or after January 1, 2023;
105 c. The taxpayer had an ownership or a long-term leasehold
106 interest in the certified historic structure in the year during
107 which the certified historic structure was placed into ser vice
108 after the certified rehabilitation was completed;
109 d. The total amount of qualified expenses incurred in
110 rehabilitating the certified historic structure exceeded $5,000;
111 e. The qualified expenses were incurred in this state; and
112 f. The taxpayer received a tax credit for the qualified
113 expenses under 26 U.S.C. s. 47.
114 2. An official certificate of eligibility from the
115 division, signed by the State Historic Preservation Officer or
116 the Deputy State Historic Preservation Officer, attesting that
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Amendment No. 1

117 the project has been approved by the National Park Service and
118 confirming that the project is located within a local program
119 area.
120 3. National Park Service Form 10-168c (Rev. 2019), titled
121 "Historic Preservation Certification Application–Part 3-Request
122 for Certification of Completed Work," or a similar form, signed
123 by an officer of the National Park Service, attesting that the
124 completed rehabilitation meets the United States Secretary of
125 the Interior's Standards for Rehabilitation and is consistent
126 with the historic character of the property and, if applicable,
127 the district in which the completed rehabilitation is located.
128 The form may be obtained through the National Park Service.
129 4. An identification of the dates during which the
130 certified historic structure was rehabilitated, the date the
131 certified historic structure was placed in service after the
132 certified rehabilitation was completed, and evidence that the
133 certified historic structure was placed in service after the
134 certified rehabilitation was completed.
135 5. A list of total qualified expenses incurred by the
136 taxpayer in rehabilitating the certified historic structure. For
137 certified rehabilitations with qualified expenses that exceed
138 $750,000, the taxpayer must submit an audited cost report issued
139 by a certified public accountant which itemizes the qualified
140 expenses incurred in rehabilitating the certified historic
141 structure. A taxpayer may submit an audited cost report issued
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Amendment No. 1

142 by a certified public accountant which was created for purposes
143 of applying for a federal historic rehabilitation tax credit and
144 which includes all of the qualified expenses incurred in
145 rehabilitating the certified historic structure.
146 6. An attestation of the total qualified expenses incurred
147 by the taxpayer in rehabilitating the certified historic
148 structure.
149 7. The information required to be reported by the
150 department in subsection (8) to enable the department to compile
151 its annual report.
152 (b) Within 60 days after receipt of the information
153 required under paragraph (a), the division shall evaluate the
154 application and recommend the applicant for certification or
155 denial. The division must approve or deny the application within
156 30 days after receiving the recommendation. If approved, the
157 division must provide a letter of certification to the applicant
158 consistent with any restrictions imposed. If the division denies
159 any part of the requested credit, the division must inform the
160 applicant of the grounds for the denial. The division must
161 submit a copy of the certification and the information provided
162 by the taxpayer to the department within 10 days after the
163 division's approval.
164 (4) AMOUNT OF TAX CREDIT.—The total tax credit claimed
165 annually may not exceed the amount of tax due after any other
166 applicable tax credits and may not exceed the following:
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Amendment No. 1

167 (a) Twenty percent of the total qualified expenses
168 incurred in this state in rehabilitating a certified historic
169 structure that has been approved by the National Park Service to
170 receive the federal historic rehabilitation tax credit; or
171 (b) Thirty percent of the total qualified expenses
172 incurred in this state in rehabilitating a certified historic
173 structure that has been approved by the National Park Service to
174 receive the federal historic rehabilitation tax credit and that
175 is located within a local program area.
176
177 The tax credit may be used to offset the corporate income tax
178 imposed in s. 220.11 and the insurance premium tax imposed in s.
179 624.509. An insurer claiming a credit against insurance premium
180 tax liability under this section may not be required to pay any
181 additional retaliatory tax levied pursuant to s. 624.5091 as a
182 result of claiming such credit. Section 624.5091 does not limit
183 such credit in any manner.
184 (5) CARRYFORWARD OF TAX CREDIT.—
185 (a) If a taxpayer is eligible for a tax credit that
186 exceeds taxes owed, the taxpayer may carry the unused tax credit
187 forward for a period of up to 5 taxable years.
188 (b) A carryforward is considered the remaining portion of
189 a tax credit that cannot be claimed in the current tax year.
190 (6) SALE OR TRANSFER OF TAX CREDIT.—
191 (a) A taxpayer that incurs qualified expenses may sell or
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Amendment No. 1

192 transfer all or part of the tax credit that may otherwise be
193 claimed to another taxpayer.
194 (b) A taxpayer to which all or part of the tax credit is
195 sold or transferred may sell or transfer all or part of the tax
196 credit that may otherwise be claimed to another taxpayer.
197 (c) A taxpayer that sells or transfers a tax credit to
198 another taxpayer must provide a copy of the certificate of
199 eligibility together with the audited cost report to the
200 purchaser or transferee.
201 (d) Qualified expenses may be counted only once in
202 determining the amount of an available tax credit, and more than
203 one taxpayer may not claim a tax credit for the same qualified
204 expenses.
205 (e) There is no limit on the total number of transactions
206 for the sale or transfer of all or part of a tax credit.
207 (f)1. A taxpayer that sells or transfers a tax credit
208 under this subsection and the purchaser or transferee shall
209 jointly submit written notice of the sale or transfer to the
210 department on a form adopted by the department no later than the
211 30th day after the date of the sale or transfer. The notice must
212 include all of the following:
213 a. The date of the sale or transfer.
214 b. The amount of the tax credit sold or transferred.
215 c. The name and federal tax identification number of the
216 taxpayer that sold or transferred the tax credit and the
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Amendment No. 1

217 purchaser or transferee.
218 d. The amount of the tax credit owned by the taxpayer
219 before the sale or transfer and the amount the selling or
220 transferring taxpayer retained, if any, after the sale or
221 transfer.
222 2. The sale or transfer of a tax credit under this
223 subsection does not extend the period for which a tax credit may
224 be carried forward and does not increase the total am ount of the
225 tax credit that may be claimed.
226 3. If a taxpayer claims a tax credit for qualified
227 expenses, another taxpayer may not use the same expenses as the
228 basis for claiming a tax credit.
229 4. Notwithstanding the requirements of this subsection, a
230 tax credit earned by, purchased by, or transferred to a
231 partnership, limited liability company, S corporation, or other
232 pass-through taxpayer may be allocated to the partners, members,
233 or shareholders of that taxpayer and claimed under this section
234 in accordance with any agreement among the partners, members, or
235 shareholders and without regard to the ownership interest of the
236 partners, members, or shareholders in the rehabilitated
237 certified historic structure.
238 (g) If the tax credit is reduced due to a determination,
239 examination, or audit by the department, the tax deficiency
240 shall be recovered from the taxpayer that sold or transferred
241 the tax credit or the purchaser or transferee that claimed the
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Amendment No. 1

242 tax credit up to the amount of the tax credit taken.
243 (h) Any subsequent deficiencies shall be assessed against
244 the purchaser or transferee that claimed the tax credit or, in
245 the case of multiple succeeding entities, in the order of tax
246 credit succession.
247 (7) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
248 CREDITS; FRAUDULENT CLAIMS.—
249 (a) The department, with assistance from the division, may
250 perform any additional financial and technical audits and
251 examinations, including examining the accounts, books, or
252 records of the tax credit applicant, to verify the legitimacy of
253 the qualified expenses included in a tax credit return and to
254 ensure compliance with this section. If requested by the
255 department, the division must provide technical assistance for
256 any technical audits or examinations performed under this
257 subsection.
258 (b) It is grounds for forfeiture of previously claimed and
259 received tax credits if the department determines, as a result
260 of an audit or information received from the division or the
261 United States Department of the Interior, that a taxpayer
262 received a tax credit pursuant to this section to which the
263 taxpayer was not entitled. In the case of fraud, the taxpayer
264 may not claim any future tax credits under this section.
265 (c) The taxpayer must return forfeited tax credits to the
266 department, and such funds shall be paid into the General
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Amendment No. 1

267 Revenue Fund.
268 (d) The taxpayer shall file with the department an amended
269 tax return or such other report as the department prescribes and
270 shall pay any required tax within 60 days after the taxpayer
271 receives notification from the United States Internal Revenue
272 Service that a previously approved tax credit has been revoked
273 or modified, if uncontested, or within 60 days after a final
274 order is issued following proceedings involving a contested
275 revocation or modification order.
276 (e) A notice of deficiency may be issued by the department
277 at any time within 5 years after the date on which the taxpayer
278 receives notification from the United States Internal Revenue
279 Service that a previously approved tax credit has been revoke d
280 or modified.
281 (f) If a taxpayer fails to notify the department of any
282 change in its tax credit claimed, a notice of deficiency may be
283 issued at any time. In either case, the amount of any proposed
284 assessment set forth in such notice of deficiency is lim ited to
285 the amount of any deficiency resulting under this section from
286 the precomputation of the taxpayer's tax for the taxable year.
287 (g) A taxpayer that fails to report and timely pay any tax
288 due as a result of the forfeiture of its tax credit violates
289 this section and is subject to applicable penalties and
290 interest.
291 (8) ANNUAL REPORTS.—Based on the applications submitted
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Amendment No. 1

292 and approved, the department must submit a report by December 1
293 of each year to the President of the Senate and the Speaker of
294 the House of Representatives that identifies, in the aggregate,
295 all of the following:
296 (a) The number of employees hired during construction
297 phases.
298 (b) The use of each newly rehabilitated building and the
299 expected number of employees hired.
300 (c) The number of affordable housing units created or
301 preserved.
302 (d) The property values before and after the certified
303 rehabilitations.
304 (9) DEPARTMENT DUTIES.—The department shall:
305 (a) Establish a cooperative agreement with the division.
306 (b) Establish any necessary forms required to claim a tax
307 credit under this section.
308 (c) Provide administrative guidelines and procedures
309 required to administer this section, including rules
310 establishing an entitlement to and sale or transfer of a tax
311 credit under this section.
312 (d) Provide examination and audit procedures required to
313 administer this section.
314 (10) RULES.—The department and the division may adopt
315 rules to administer this section.

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Amendment No. 1

316 Section 2. Subsection (23) is added to section 213.053,
317 Florida Statutes, to read:
318 213.053 Confidentiality and information sharing.—
319 (23) The department may make available to the Division of
320 Historical Resources of the Department of State and the
321 Secretary of the Department of the Interior of the United States
322 or his or her delegate, exclusively for official purposes,
323 information for the purposes of administering the Main Street
324 Historic Tourism and Revitalization Act pursuant to s. 220.197.
325 Section 3. Subsection (8) of section 220.02, Florida
326 Statutes, is amended to read:
327 220.02 Legislative intent.—
328 (8) It is the intent of the Legislature that credits
329 against either the corporate income tax or the franchise tax be
330 applied in the following order: those enumerated in s. 631.828,
331 those enumerated in s. 220.191, those enumerated in s. 220.181,
332 those enumerated in s. 220.183, those enumerated in s. 220.182,
333 those enumerated in s. 220.1895, those enumerated in s. 220.195,
334 those enumerated in s. 220.184, those enumerated in s. 220.186,
335 those enumerated in s. 220.1845, those enumerated i n s. 220.19,
336 those enumerated in s. 220.185, those enumerated in s. 220.1875,
337 those enumerated in s. 220.1876, those enumerated in s.
338 220.1877, those enumerated in s. 220.193, those enumerated in s.
339 288.9916, those enumerated in s. 220.1899, those enumerated in

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340 s. 220.194, those enumerated in s. 220.196, and those enumerated
341 in s. 220.198, and those enumerated in s. 220.197.
342 Section 4. Paragraph (a) of subsection (1) of section
343 220.13, Florida Statutes, is amended to read:
344 220.13 "Adjusted federal income" defined.—
345 (1) The term "adjusted federal income" means an amount
346 equal to the taxpayer's taxable income as defined in subsection
347 (2), or such taxable income of more than one taxpayer as
348 provided in s. 220.131, for the taxable year, adjusted as
349 follows:
350 (a) Additions.—There shall be added to such taxable
351 income:
352 1.a. The amount of any tax upon or measured by income,
353 excluding taxes based on gross receipts or revenues, paid or
354 accrued as a liability to the District of Columbia or any state
355 of the United States which is deductible from gross income in
356 the computation of taxable income for the taxable year.
357 b. Notwithstanding sub-subparagraph a., if a credit taken
358 under s. 220.1875, s. 220.1876, or s. 220.1877 is added to
359 taxable income in a previous taxable year under subparagraph 11.
360 and is taken as a deduction for federal tax purposes in the
361 current taxable year, the amount of the deduction allowed shall
362 not be added to taxable income in the current year. The
363 exception in this sub-subparagraph is intended to ensure that
364 the credit under s. 220.1875, s. 220.1876, or s. 220.1877 is
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Amendment No. 1

365 added in the applicable taxable year and does not result in a
366 duplicate addition in a subsequent year.
367 2. The amount of interest which is excluded from taxable
368 income under s. 103(a) of the Internal Revenue Code or any other
369 federal law, less the associated expenses disallowed in the
370 computation of taxable income under s. 265 of the Internal
371 Revenue Code or any other law, excluding 60 percent of any
372 amounts included in alternative minimum taxable income, as
373 defined in s. 55(b)(2) of the Internal Revenue Code, if the
374 taxpayer pays tax under s. 220.11(3).
375 3. In the case of a regulated investment company or real
376 estate investment trust, an amount equal to the excess of the
377 net long-term capital gain for the taxable year over the amount
378 of the capital gain dividends attributable to the taxable year.
379 4. That portion of the wages or salaries paid or incurred
380 for the taxable year which is equal to the amount of the credit
381 allowable for the taxable year under s. 220.181. This
382 subparagraph shall expire on the date specified in s. 290.016
383 for the expiration of the Florida Enterprise Zone Act.
384 5. That portion of the ad valorem school taxes paid or
385 incurred for the taxable year which is equal to the amount of
386 the credit allowable for the taxable year under s. 220.182. This
387 subparagraph shall expire on the date specified in s. 290.016
388 for the expiration of the Florida Enterprise Zone Act.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No. 1

389 6. The amount taken as a credit under s. 220.195 which is
390 deductible from gross income in the computation of taxable
391 income for the taxable year.
392 7. That portion of assessments to fund a guaranty
393 association incurred for the taxable year which is equal to the
394 amount of the credit allowable for the taxable year.
395 8. In the case of a nonprofit corporation which holds a
396 pari-mutuel permit and which is exempt from federal income tax
397 as a farmers' cooperative, an amount equal to the excess of the
398 gross income attributable to the pari-mutuel operations over the
399 attributable expenses for the taxable year.
400 9. The amount taken as a credit for the taxable year under
401 s. 220.1895.
402 10. Up to nine percent of the eligible basis of any
403 designated project which is equal to the credit allowable for
404 the taxable year under s. 220.185.
405 11. Any amount taken as a credit for the taxable year
406 under s. 220.1875, s. 220.1876, or s. 220.1877. The addition in
407 this subparagraph is intended to ensure that the same amount is
408 not allowed for the tax purposes of this state as both a
409 deduction from income and a credit against the tax. This
410 addition is not intended to result in adding the same expense
411 back to income more than once.
412 12. The amount taken as a credit for the taxable year
413 under s. 220.193.
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Amendment No. 1

414 13. Any portion of a qualified investment, as defined in
415 s. 288.9913, which is claimed as a deduction by the taxpayer and
416 taken as a credit against income tax pursuant to s. 288.9916.
417 14. The costs to acquire a tax credit pursuant to s.
418 288.1254(5) that are deducted from or otherwise reduce federal
419 taxable income for the taxable year.
420 15. The amount taken as a credit for the taxable year
421 pursuant to s. 220.194.
422 16. The amount taken as a credit for the taxable year
423 under s. 220.196. The addition in this subparagraph i s intended
424 to ensure that the same amount is not allowed for the tax
425 purposes of this state as both a deduction from income and a
426 credit against the tax. The addition is not intended to result
427 in adding the same expense back to income more than once.
428 17. The amount taken as a credit for the taxable year
429 pursuant to s. 220.198.
430 18. The amount taken as a credit for the taxable year
431 pursuant to s. 220.197.
432 Section 5. Subsection (7) of section 624.509, Florida
433 Statutes, is amended to read:
434 624.509 Premium tax; rate and computation.—
435 (7) Credits and deductions against the tax imposed by this
436 section shall be taken in the following order: deductions for
437 assessments made pursuant to s. 440.51; credits for taxes paid
438 under ss. 175.101 and 185.08; credits for income taxes paid
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Amendment No. 1

439 under chapter 220 and the credit allowed under subsection (5),
440 as these credits are limited by subsection (6); the credit
441 allowed under s. 624.51057; the credit allowed under s. 220.197;
442 and all other available credits and deductions.
443 Section 6. (1) The Department of Revenue may, and all
444 conditions are deemed met to, adopt emergency rules under s.
445 120.54(4), Florida Statutes, for the purpose of implementing
446 provisions related to the Main Street Historic Tourism and
447 Revitalization Act.
448 (2) Notwithstanding any other law, emergency rules adopted
449 under this section are effective for 6 months after adoption and
450 may be renewed during the pendency of procedures to adopt
451 permanent rules addressing the subject of the emergency rules.
452 (3) This section shall take effect upon this act becoming
453 a law and expires July 1, 2023.
454 Section 7. This act applies to taxable years beginning and
455 for qualified expenses incurred on or after January 1, 2023.
456 Section 8. This act shall take effect January 1, 2023.
457
458 -----------------------------------------------------
459 T I T L E A M E N D M E N T
460 Remove everything before the enacting clause and insert:
461 An act relating to the Florida Main Street Program and
462 historic preservation tax credits; creating s. 220.197,
463 F.S.; providing a short title; defining terms; specifying
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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No. 1

464 eligibility requirements for receiving specified tax
465 credits for taxpayers that rehabilitate certified historic
466 structures; specifying requirements for taxpayers claiming
467 or transferring specified tax credits; specifying
468 requirements for the Division of Historical Resources of
469 the Department of State for evaluating and certifying
470 applications for specified tax credits; specifying the
471 amount of tax credits; providing construction; authorizing
472 the carryforward, sale, and transfer of tax credits;
473 providing the Department of Revenue and the division audit
474 and examination powers for specified purposes related to
475 certified rehabilitation expenses; requiring the return of
476 forfeited tax credits under certain circumstances;
477 providing penalties; requiring the Department of Revenue to
478 provide specified annual reports to the Legislature;
479 providing duties of the Department of Revenue; authorizing
480 the Department of Revenue and the division to adopt rules;
481 amending s. 213.053, F.S.; authorizing the Department of
482 Revenue and the Secretary of the Department of the Interior
483 of the United States to make certain information available
484 for specified purposes; amending s. 220.02, F.S.; revising
485 the order in which tax credits against the corporate income
486 tax credit or the franchise tax are applied; amending s.
487 220.13, F.S.; revising the definition of the term "adjusted
488 federal income"; amending s. 624.509, F.S.; revising the
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489 order in which credits and deductions against the insurance
490 premium tax are applied; authorizing the Department of
491 Revenue to adopt emergency rules to implement certain
492 provisions; providing for expiration of that authority;
493 providing applicability; providing an effective date.
494
495 WHEREAS, historic revitalization creates highly paid local
496 construction jobs, and
497 WHEREAS, historic rehabilitation increases the value of
498 buildings and results in a growing state and local tax base, and
499 WHEREAS, historic revitalization boosts heritage tourism
500 and creates thriving downtowns that are attractive to main
501 street businesses, and
502 WHEREAS, reusing historic buildings creates affordable
503 spaces for small business incubation, and
504 WHEREAS, repurposing historic buildings saves resources and
505 activates vacant spaces, and
506 WHEREAS, historic rehabilitation projects leverage
507 significant private investment, and
508 WHEREAS, leveraging state tax incentives increases the
509 effectiveness of federal Historic Preservation Tax Incentives
510 and the Opportunity Zones Program to encourage the historic
511 preservation of existing buildings, and

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Amendment No. 1

512 WHEREAS, an increase in rehabilitation activity occurs when
513 a state incentive is combined with federal Historic Preservation
514 Tax Incentives, and
515 WHEREAS, many historic buildings in this state need safety
516 upgrades and other improvements that require both public and
517 private investment to return these buildings as assets of their
518 local communities, NOW, THEREFORE,

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CS / HB 399
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 399 Motor Vehicle and Vessel Law Enforcement
SPONSOR(S): Criminal Justice & Public Safety Subcommittee, Rodriguez
TIED BILLS: IDEN./SIM. BILLS: CS/SB 876

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Criminal Justice & Public Safety Subcommittee 17 Y, 0 N, As CS Frost Hall

2) Tourism, Infrastructure & Energy Subcommittee Neuffer Keating

3) Judiciary Committee

SUMMARY ANALYSIS
Recently, dangerous events known as “street takeovers” have grown in popularity across the country. These events
involve large numbers of vehicles and persons gathering at a predetermined site, typically blocking a large intersection,
for vehicles to perform donuts, drifting, burn-outs and other dangerous vehicular maneuvers. Due to the large size of
these gatherings, it may be difficult for law enforcement to respond to and control such events, as participants typically
flee the location as soon as law enforcement presence is detected.

Florida law prohibits the following racing activities on highways, roadways, or parking lots, unless sanctioned by the
proper authorities:
 Driving a motor vehicle, including a motorcycle, in any: race; speed competition or contest; drag race; test of
physical endurance; or exhibition of speed or acceleration or for making a speed record;
 Participating in, coordinating, facilitating, or collecting money at any such race, competition, test, or exhibition
location;
 Knowingly riding as a passenger in any such race, competition, test, or exhibition; or
 Purposefully stopping or slowing traffic movement for any such race, competition, test, or exhibition.

A racing violation is a first degree misdemeanor, punishable by up to one year in county jail and specified fines. A person
may be arrested without a warrant if there is probable cause to believe he or she has committed a racing violation.
Additionally, being a spectator at a drag race is punishable as a noncriminal traffic infraction.

CS/HB 399 amends the crimes under s. 316.191(2), F.S., to add additional types of vehicles and additional prohibited
conduct including a street takeover, stunt driving, and operating a vehicle to film or record prohibited activities or to car ry
fuel for other vehicles involved in prohibited activities. The bill defines the terms “burnout,” “doughnut,” “drifting,” “motor
vehicle,” “street takeover,” “stunt driving,” and “wheelie.” The bill also amends the current definition of “spectator” to
include a person who is knowingly present at and views a street takeover and provides that evidence of filming or
recording such an event or posting the event on social media are factors to be considered in determining whether a
person qualifies as a spectator. Under the bill, a person commits a noncriminal traffic infraction if he or she is found to be
a spectator at a race or street takeover.

The bill amends the first degree misdemeanor crimes under s. 316.191(2), F.S., to add drag race, street takeover, and
stunt driving to each type of prohibited conduct. The bill also adds street takeovers and stunt driving to the list of violatio ns
which require an offender to pay a $65 penalty.

Under the bill, if an officer has probable cause to believe that a person has c ommitted a violation relating to a street
takeover or stunt driving, the officer may arrest the person without a warrant.

The bill also increases the penalty for using certain lights on vehicles and vessels from a noncriminal traffic infraction to a
first degree misdemeanor or a third degree felony.

The bill may have a positive indeterminate fiscal impact on state and local government entities receiving funds from
violations related to street takeovers and stunt driving. The bill may have a positive indet erminate impact on prison and jail
beds by prohibiting additional conduct punishable as a misdemeanor or felony offense.

The bill provides an effective date of July 1, 2022.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Street-racing involves cars, motorcycles, and other motor vehicles engaging in prearranged or
spontaneous competitions on roadways. The practice endangers participants, bystanders, and
property. In addition to street-racing, another dangerous activity, which has recently grown in popularity
across the country, is known as a “street takeover.”1 Street takeovers occur when large numbers,
sometimes hundreds, of cars and occupants gather at a predetermined site, typically a large
intersection. Vehicles are then parked in a manner which blocks the intersection to make a space for
other cars to perform donuts, drifting, burn-outs and other dangerous vehicular maneuvers.2 Due to the
large size of these gatherings, law enforcement may experience difficultly responding to and controlling
these events because of the time it takes to assemble appropriate law enforcement resources to
address the crowd. Typically, by the time law enforcement presence is detected, the vehicles
participating in the street takeover flee the location, along with the many bystanders that came to watch
the cars.3

Recently, the Dallas Police Department’s speeding and racing task force (task force) made a concerted
local effort to crack down on street takeovers and other illegal events. As of September 2021, the task
force has arrested 944 people associated with street takeovers. 4 Because street takeovers are a
relatively new phenomenon, specific data related to accidents, injuries, and deaths resulting from these
events in Florida is not readily available. However, there are accounts of these events happening
throughout the state. In Jacksonville, street takeover participants have acknowledged that their meet-
ups have anywhere from 300 to thousands of people in attendance, 5 and residents nearby indicate that
these events are dangerous and often continue until well past midnight. 6

Racing Offenses

Under Florida law, a “race” may be prearranged or occur spontaneously, consists of a challenge and
acceptance or competitive response to the challenge, 7 and involves one or more motor vehicles in
competition to demonstrate the superiority of a vehicle or driver by:
 Attempting to outgain or outdistance another motor vehicle;
 Preventing another motor vehicle from passing;
 Arriving at a given destination before another motor vehicle; or
 Testing the physical stamina or endurance of drivers over a long-distance.8

A “drag race” is a specific type of race involving:

1 Erin Myers, Car that crashed into Van Nuys b uilding, killing 1, was b eing followed b y police after doing donuts in street takeover ,

October 25, 2021, ktla.com, https://ktla.com/news/local-news/car-that-crashed-into-van-nuys-building-killing-1-was-being-followed-by-
police-after-doing-donuts-in-street-takeover/ (last visited Feb. 3, 2022).
2 Elizabeth Fuller, What’s a Street “Takeover” and Why Should You Be Concerned?, Larchmont Buzz (Sept. 21, 2020),

https://www.larchmontbuzz.com/featured-stories-larchmont-village/whats-a-street-takeover-and-why-you-should-be-concerned/ (last
visited Feb. 3, 2022).
3
Thom Taylor, Street Takeovers Are Turning More Deadly, MotorBiscuit (Nov. 15, 2021), https://www.motorbiscuit.com/street-
takeovers-turning-more-deadly/ (last visited Feb. 3, 2022).
4 Michael Lozano, Illegal Dallas 'street takeovers' feeling pinch from Dallas PD , October 2, 2021, spectrumlocalnews.com,

https://spectrumlocalnews.com/tx/dallas -fort-worth/news/2021/09/30/dallas-illegal--street-takeovers--feeling-pinch-from-dallas-pd- (last
visited Feb. 3, 2022).
5 Corley Peel, I-TEAM: Local car group speaks following street takeover complaints, News4Jax (Jan. 17, 2022),

https://www.news4jax.com/news/local/2022/01/16/local-car-group-speaks-following-street-takeover-complaints/ (last visited Feb. 3,
2022).
6 Scott Johnson, I-TEAM: Complaints continue over car groups driving erratically in vacant parking lo ts, News4Jax (Jan. 13, 2022),

https://www.news4jax.com/news/local/2022/01/13/i-team-complaints-continue-over-dangerous-driving-in-vacant-parking-lots/ (last
visited Feb. 3, 2021).
7 Id.
8 S. 316.191(1)(c), F.S.

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 Two9 or more motor vehicles driven side-by-side at accelerating speeds in a competitive
attempt to outdistance each other; or
 One or more motor vehicles driven over a common selected course, from the same starting
point to the same ending point, for the purpose of comparing the relative speed or power of
acceleration of such motor vehicle or vehicles within a certain distance or time limit.10

Florida law prohibits the following racing activities on any highway, roadway, or parking lot, unless
sanctioned by the proper authorities:11
 Driving a motor vehicle, including a motorcycle, in a:
o Race;
o Speed competition or contest;
o Drag race;
o Test of physical endurance;
o Exhibition of speed or acceleration; or
o Exhibition for making a speed record;12
 Participating in, coordinating, facilitating, or collecting money at a race, competition, test, or
exhibition location;
 Knowingly riding as a passenger in a race, competition, test, or exhibition; or
 Purposefully stopping or slowing traffic movement for a race, competition, test, or exhibition. 13

A racing violation is a first degree misdemeanor,14 punishable by up to one year in county jail.15
Additionally, a court must impose the following penalties for a:
 Violation with no prior convictions in the preceding five years, a fine of $500 up to $1,000 and a
one year driver license suspension.
 Second violation within five years of a prior violation resulting in a conviction, a fine of $1,000 up
to $3,000 and a two year driver license suspension.
 Third or subsequent violation within five years of a prior violation resulting in a conviction, a fine
of $2,000 up to $5,000 and a four year driver license suspension. 16

In addition to the criminal penalties provided, a person who commits a racing violation must pay a $65
penalty. Monies collected pursuant to this additional penalty are remitted to the Department of Revenue
for deposit into the Emergency Medical Services Trust Fund of the Department of Health to be used to
ensure the availability and accessibility of trauma services throughout the state as provided in s.
316.192, F.S.

Section 316.191, F.S., also prohibits a person from being a spectator at a drag race. To be considered
a spectator, a person must be knowingly present at and view a drag race, when his or her presence is
the result of an affirmative choice to attend or participate in the race. In determining whether or not an
individual is a spectator, the following factors must be considered: the relationship between the racer
and the individual; evidence of gambling or betting on the outcome of the race; and any other factor that
tends to show knowing attendance or participation. Being a spectator at a drag race is a noncriminal
traffic infraction, punishable as a moving violation as provided in ch. 318, F.S. 17 However, current law
does not similarly punish being a spectator at a regular race.
Warrantless Arrest

A judge may issue a warrant authorizing a person’s arrest for a felony or misdemeanor crime upon
finding probable cause that the person committed a crime in the judge’s jurisdiction. 18 However, the

9 Drag racing most commonly involves two motor vehicles operating side -by-side. National Hot Rod Association, Basics of Drag Racing,

http://www.nhra.com/nhra101/basics.aspx (last visited Feb. 1 2022).
10 S. 316.191(1)(b), F.S.
11 S. 316.191(7), F.S.
12 S. 316.191(2), F.S.
13 Id.
14 Id.
15 S. 775.082, F.S.
16 S. 316.191(3), F.S.
17 S. 316.191(4), F.S.
18 S. 901.02, F.S.

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United States Supreme Court has held that the Fourth Amendment to the United States Constitution
does not forbid warrantless arrest, even for a misdemeanor offense.19
In Florida, a law enforcement officer may arrest a person without a warrant under certain statutorily
enumerated circumstances,20 such as when:
 An officer reasonably believes a person committed a felony;
 There is probable cause to believe a person has committed certain enumerated misdemeanor
offenses,21 including a racing violation under s. 316.191(2), F.S.; or
 A person commits a misdemeanor in an officer’s presence.
o In this circumstance, the officer must arrest the person immediately or in fresh pursuit
after observing the offense.

Prohibited Use of Certain Lights

Flashing Lights on Vehicles

Section 316.2397, F.S., prohibits flashing lights on vehicles except under specified circumstances,
including:
 As a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is
lawfully stopped or disabled upon the highway;
 When a motorist intermittently flashes his or her vehicle’s headlamps at an oncoming vehicle
notwithstanding the motorist’s intent for doing so;
 During periods of extreme low visibility on roadways with a posted speed limit of 55 miles per
hour or more; and
 For certain lamps authorized in statute, which may flash, including various types of emergency
vehicles.22

A violation of s. 316.2397, F.S., is currently a noncriminal traffic infraction, punishable as a nonmoving
violation.23

Prohibited Use of Blue Lights on Vehicles and Vessels

Section 843.081, F.S., provides legislative intent indicating that Florida citizens are vulnerable to
becoming the victims of criminal acts through the illegal use of blue lights by the criminal elements , and
that the Legislature intends to reduce this vulnerability to injury and loss of life and property by
prohibiting the use of certain blue lights by any person other than an authorized law enforcement
officer.

Under s. 843.081, F.S., a person commits a first degree misdemeanor if he or she uses any flashing or
rotating blue lights 24 in or on any non-governmentally owned vehicle or vessel, unless he or she is a law
enforcement officer employed by a federal, state, county, or city law enforcement agency, or is
appointed as a special officer by the Governor under ch. 354, F.S. 25

False Personation

Section 843.08, F.S., prohibits the false personation of any of the following law enforcement officers or
other specified persons:
 A firefighter;

19 Atwater v. City of Lago Vista, 532 U.S. 318 (2001).
20
S. 901.15, F.S.
21 S. 901.15, F.S., includes other misdemeanor offenses such as battery, criminal mischief or graffiti, an act of domestic violence, an

injunction violation, or sexual cyberharassment in the list of offenses where a warrantless arrest is authorized.
22 S. 316.2397(7), F.S.
23 S. 316.2397(10), F.S.
24 “Flashing or rotating blue light” includes all forms of lights which display a blue light source or whic h were designed with the intent of

displaying a blue light source whether or not such light is actually in use. S. 843.081(4), F.S.
25 A salesperson, service representative, or other employee of a businesses licensed to sell or repair law enforcement equipm ent is

exempt from criminal liability. S. 843.081(3), F.S.
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 Sheriff;
 Officer of the Florida Highway Patrol;
 Officer of the Fish and Wildlife Conservation Commission;
 Fire or arson investigator of the Department of Financial Services;
 Officer of the Department of Financial Services;
 Officer of the Department of Corrections;
 Correctional probation officer;
 Deputy sheriff;
 State attorney or assistant state attorney;
 Statewide prosecutor or assistant statewide prosecutor;
 State attorney investigator;
 Coroner;
 Police officer;
 Lottery special agent or lottery investigator;
 Beverage enforcement agent;
 Watchman (a security officer licensed under ch. 493, F.S.);
 Any member of the Florida Commission on Offender Review and any administrative aide or
supervisor employed by the commission;
 Any personnel or representative of the FDLE; or
 A federal law enforcement officer as defined in s. 901.1505, F.S.

A person commits the offense of false personation if he or she falsely assumes or pretends to be any
person specified in s. 843.08, F.S., and takes it upon himself or herself to act as such person, or
requires any other person to aid or assist him or her in a matter pertaining to the duty of any such
specified person.

False personation is generally a third degree felony.26 However, false personation becomes a second
degree felony27 if committed during the course of committing another felony offense, unless the offense
results in the death or personal injury of another human being, in which case the offense of false
personation is a first degree felony.28, 29

Effect of Proposed Changes

CS/HB 399 amends s. 316.191, F.S., to provide the following definitions:
 "Burnout" means a maneuver performed while operating a motor vehicle whereby the motor vehicle
is kept stationary, or is in motion, while the wheels are spun, resulting in friction which causes the
motor vehicle's tires to heat up and emit smoke.
 "Doughnut" means a maneuver performed while operating a motor vehicle whereby the front or rear
of the motor vehicle is rotated around the opposite set of wheels in a continuous motion, resulting in
friction which may cause a circular skid-mark pattern of rubber on the driving surface, may cause
the motor vehicle's tires to heat up and emit smoke, or both.
 "Drifting" means a maneuver performed while operating a motor vehicle whereby the motor vehicle
is steered so that it makes a controlled skid sideways through a turn with the front wheels pointed in
a direction opposite to that of the turn.
 "Street takeover" means the use of one or more motor vehicles to block or impede the regular flow
of traffic on any portion of a highway, roadway, or parking lot for the purpose of performing any
burnout, doughnut, drifting, wheelie, or other stunt driving.
 "Stunt driving" means the use of a motor vehicle to perform or engage in any burnout, doughnut,
drifting, wheelie, or other dangerous driving maneuver on a highway, roadway, or parking lot which
is likely to delay, distract, startle, or interfere with other users of the highway, roadway, or parking
lot.

26 A third degree felony is punishable by up to five years in prison and a fine of up to $5,000. Ss. 775.082 and 775.083, F.S.
27 A second degree felony is punishable by up to 15 years in prison and a fine of up to $10,000. S s. 775.082 and 775.083, F.S.
28 A first degree felony is punishable by up to 30 years in prison and a fine of up to $10,000. S s. 775.082 and 775.083, F.S.
29 False personation under s. 843.08, F.S., is ranked as a level 2 offense on the Criminal Punishment Code offense severity ranking

chart. S. 921.0022(3)(b), F.S.
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 "Wheelie" means a maneuver performed while operating a motor vehicle whereby a motor vehicle is
ridden for a distance with the front wheel or wheels raised off the driving surface.

The bill amends the first degree misdemeanor crimes under s. 316.191(2), F.S., to add drag race,
street takeover, and stunt driving to each type of prohibited conduct. Additionally, under the bill a
person commits a first degree misdemeanor offense if he or she:
 Purposely interrupts the movement of pedestrian traffic for any such prohibited event; or
 Operates a motor vehicle for the purpose of:
o Filming or recording the activities of participants in any race, drag race, street takeover,
stunt driving, competition, contest, test, or exhibition; or
o Carrying any amount of fuel intended to be used for fueling a motor vehicle involved in
any race, drag race, street takeover, stunt driving, competition, contest, test, or
exhibition.

The bill amends the current definition of “spectator” to include a person who is knowingly present at and
views a street takeover and provides that evidence of filming or recording such an event or posting the
event on social media are factors to be considered in determining whether a person qualifies as a
spectator. The bill also amends the noncriminal traffic infraction for being a spectator at a drag race to
include a prohibition on being a spectator at a race or street takeover.

The bill adds street takeovers and stunt driving to the list of violations requiring an offender to pay a $65
penalty in addition to any other penalty, which is remitted to the Department of Revenue for deposit into
the Emergency Medical Services Trust Fund of the Department of Health.

Under the bill, if an officer has probable cause to believe that a person has committed a violation
relating to a street takeover or stunt driving, the officer may arrest the person without a warrant. An
officer may already arrest a person without a warrant for current racing offenses.

The bill increases the penalty for using flashing lights or other lights on a vehicle in violation of s.
316.2397, F.S., from a noncriminal traffic infraction to a first degree misdemeanor. The bill also amends
the crime of false personation to provide that a person who takes upon himself or herself to act as an
officer or person listed in s. 843.08, F.S., including by using prohibited flashing lights in violation of s.
316.2397, F.S., or prohibited blue lights in violation of s. 843.081, F.S., commits an offense, which is
punishable as a third degree felony.30

The bill provides an effective date of July 1, 2022.

B. SECTION DIRECTORY:
Section 1: Amends s. 316.191, F.S., relating to racing on highways.

Section 2: Amends s. 316.2397, F.S., relating to certain lights prohibited; exceptions.

Section 3: Amends s. 318.18, F.S., relating to amount of penalties.

Section 4: Reenacts s. 316.027, F.S., relating to crash involving death or personal injuries.

Section 5: Reenacts s. 322.0261, F.S., relating to driver improvement course; requirement to maintain
driving privileges; failure to complete; department approval of course.

Section 6: Reenacts s. 901.15, F.S., relating to when arrest by officer without warrant is lawful.

Section 7: Amends s. 843.08, F.S., relating to false personation.

Section 8: Provides an effective date of July 1, 2022.

30 Or may be punishable as a: second degree felony if committed during the course of committing anoth er felony offense; or as a first

degree felony if the offense results in the death or personal injury of another human being. S. 843.08, F.S.
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II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill may have a positive indeterminate impact on state entities which receive fines and fees
collected from the new conduct which, under the bill, is considered a misdemeanor crime related to
street takeovers and stunt driving.

2. Expenditures:
The bill may have a positive indeterminate impact on prison beds by prohibiting additional conduct
punishable as a felony offense.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill may have a positive indeterminate impact on local government entities which may receive
monies collected from the new conduct considered a noncriminal traffic infraction for being a
spectator at a race or street takeover.

The bill may have a positive indeterminate impact on The Emergency Medical Services Trust Fund
of the Department of Health by adding street takeovers and stunt driving to the list of violations
which require a $65 penalty, in addition to any other penalty, under s. 318.18(20), F.S.

2. Expenditures:
The bill may have a positive indeterminate impact on the number of jail beds by creating new
conduct punishable as a misdemeanor crime relating to racing, street takeovers, and stunt driving.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

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IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 3, 2022, the Criminal Justice & Public Safety Subcommittee adopted an amendment and
reported the bill favorably as a committee substitute. The amendment:
 Provided definitions for the terms “burnout,” “doughnut,” “drifting,” “motor vehicle,” “stunt driving,”
and “wheelie.”
 Replaced the term “takeover ride” with the term “street takeover” and amended the definition of the
term.
 Made other technical, clarifying, and conforming changes.

This analysis is drafted to the committee substitute as passed by the Criminal Justice & Public Safety
Subcommittee.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 399 2022

1 A bill to be entitled
2 An act relating to motor vehicle and vessel law
3 enforcement; reenacting and amending s. 316.191, F.S.;
4 revising and providing definitions; prohibiting a
5 person from driving any motor vehicle in any street
6 takeover, stunt driving, race, speed competition or
7 contest, drag race or acceleration contest, test of
8 physical endurance, or exhibition of speed or
9 acceleration on any highway, roadway, or parking lot;
10 prohibiting a person from participating in or
11 coordinating via social media any such race, drag
12 race, street takeover, stunt driving, competition,
13 contest, test, or exhibition; prohibiting a person
14 from knowingly riding as a passenger in any such race,
15 drag race, street takeover, stunt driving,
16 competition, contest, test, or exhibition; prohibiting
17 a person from purposefully causing the movement of
18 traffic, including pedestrian traffic, to slow, stop,
19 or be impeded in any way for such race, drag race,
20 street takeover, stunt driving, competition, contest,
21 test, or exhibition; prohibiting a person from
22 operating a motor vehicle for the purpose of filming
23 or recording activities of participants in any such
24 race, drag race, street takeover, stunt driving,
25 competition, contest, test, or exhibition; providing

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26 an exception; prohibiting a person from operating a
27 motor vehicle carrying any amount of fuel for the
28 purposes of fueling a motor vehicle involved in any
29 such race, drag race, street takeover, stunt driving,
30 competition, contest, test, or exhibition; providing
31 penalties; prohibiting a person from being a specta tor
32 at any such race, drag race, or street takeover;
33 providing penalties; amending s. 316.2397, F.S.;
34 providing criminal penalties for unlawful use of
35 certain lights; amending s. 318.18, F.S.; conforming
36 provisions to changes made by the act; reenacting ss.
37 316.027(2)(c) and 322.0261(4)(a) and (b), F.S.,
38 relating to a crash involving death or personal
39 injuries and driver improvement courses, respectively,
40 to incorporate the amendment made to s. 316.191, F.S.,
41 in references thereto; amending s. 901.15, F.S.;
42 conforming provisions to changes made by the act;
43 amending s. 843.08, F.S.; including the unlawful use
44 of certain lights in the commission of the offense of
45 false personation; providing penalties; providing an
46 effective date.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Section 316.191, Florida Statutes, is reenacted

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51 and amended to read:
52 316.191 Racing on highways, street takeovers, and stunt
53 driving.—
54 (1) As used in this section, the term:
55 (a) "Burnout" means a maneuver performed while operating a
56 motor vehicle whereby the motor vehicle is kept stationary, or
57 is in motion, while the wheels are spun, resulting in friction
58 which causes the motor vehicle's tires to heat up and emit
59 smoke.
60 (b)(a) "Conviction" means a determination of guilt that is
61 the result of a plea or trial, regardless of whether
62 adjudication is withheld.
63 (c) "Doughnut" means a maneuver performed while operating
64 a motor vehicle whereby the front or rear of the motor vehicle
65 is rotated around the opposite set of wheels in a continuous
66 motion which may cause a circular skid-mark pattern of rubber on
67 the driving surface or the tires to heat up and emit smoke from
68 friction, or both.
69 (d)(b) "Drag race" means the operation of two or more
70 motor vehicles from a point side by side at accelerating speeds
71 in a competitive attempt to outdistance each other, or the
72 operation of one or more motor vehicles over a common selected
73 course, from the same point to the same point, for the purpose
74 of comparing the relative speeds or power of acceleration of
75 such motor vehicle or motor vehicles within a certain distance

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76 or time limit.
77 (e) "Drifting" means a maneuver performed while operating
78 a motor vehicle whereby the motor vehicle is steered so that it
79 makes a controlled skid sideways through a turn with the front
80 wheels pointed in a direction opposite to that of the turn.
81 (f) "Motor vehicle" has the same meaning as in s. 316.003.
82 The term "motor vehicle" also includes any motorcycle,
83 autocycle, moped, all-terrain vehicle, off-road vehicle, or
84 vehicle not licensed to operate on a highway or roadway.
85 (g)(c) "Race" means the use of one or more motor vehicles
86 in competition, arising from a challenge to demonstrate
87 superiority of a motor vehicle or driver and the accept ance or
88 competitive response to that challenge, either through a prior
89 arrangement or in immediate response, in which the competitor
90 attempts to outgain or outdistance another motor vehicle, to
91 prevent another motor vehicle from passing, to arrive at a given
92 destination ahead of another motor vehicle or motor vehicles, or
93 to test the physical stamina or endurance of drivers over long-
94 distance driving routes. A race may be prearranged or may occur
95 through a competitive response to conduct on the part of one or
96 more drivers which, under the totality of the circumstances, can
97 reasonably be interpreted as a challenge to race.
98 (h)(d) "Spectator" means any person who is knowingly
99 present at and views a drag race or street takeover, when such
100 presence is the result of an affirmative choice to attend or

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101 participate in the event race. For purposes of determining
102 whether or not an individual is a spectator, finders of fact
103 shall consider the relationship between the motor vehicle
104 operator racer and the individual, evidence of gambling or
105 betting on the outcome of the event race, filming or recording
106 the event, or posting the event on social media, and any other
107 factor that would tend to show knowing attendance or
108 participation.
109 (i) "Street takeover" means the taking over of a portion
110 of a highway, roadway, or parking lot by blocking or impeding
111 the regular flow of traffic to perform a race, drag race,
112 burnout, doughnut, drifting, wheelie, or other stunt driving.
113 (j) "Stunt driving" means to perform or engage in any
114 burnouts, doughnuts, drifting, wheelies, or other dangerous
115 motor vehicle activity on a highway, roadway, or parking lot
116 which is likely to delay, distract, startle, or interfere with
117 other users of the highway, roadway, or parking lot.
118 (k) "Wheelie" means a maneuver performed while operating a
119 motor vehicle whereby a motor vehicle is ridden for a distance
120 with the front wheel or wheels raised off the ground.
121 (2) A person may not:
122 (a) Drive any motor vehicle, including any motorcycle, in
123 any street takeover, stunt driving, race, speed competition or
124 contest, drag race or acceleration contest, test of physical
125 endurance, or exhibition of speed or acceleration or for the

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126 purpose of making a speed record on any highway, roadway, or
127 parking lot;
128 (b) In any manner participate in, coordinate through
129 social media or otherwise, facilitate, or collect moneys at any
130 location for any such race, drag race, street takeover, stunt
131 driving, competition, contest, test, or exhibition;
132 (c) Knowingly ride as a passenger in any such race, drag
133 race, street takeover, stunt driving, competition, contest,
134 test, or exhibition; or
135 (d) Purposefully cause the movement of traffic, including
136 pedestrian traffic, to slow, or stop, or be impeded in any way
137 for any such race, drag race, street takeover, stunt driving,
138 competition, contest, test, or exhibition;
139 (e) Operate a motor vehicle for the purpose of filming or
140 recording the activities of participants in any such race, drag
141 race, street takeover, stunt driving, competition, contest,
142 test, or exhibition. This paragraph does not apply to bona fide
143 members of the news media; or
144 (f) Operate a motor vehicle carrying any amount of fuel
145 for the purposes of fueling a motor vehicle involved in any such
146 race, drag race, street takeover, stunt driving, competition,
147 contest, test, or exhibition.
148 (3)(a) Any person who violates subsection (2) commits a
149 misdemeanor of the first degree, punishable as provided in s.
150 775.082 or s. 775.083. Any person who violates subsection (2)

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151 shall pay a fine of not less than $500 and not more than $1,000,
152 and the department shall revoke the driver license of a person
153 so convicted for 1 year. A hearing may be requested pursuant to
154 s. 322.271.
155 (b) Any person who commits a second violation of
156 subsection (2) within 5 years after the date of a prior
157 violation that resulted in a conviction for a violation of
158 subsection (2) commits a misdemeanor of the first degree,
159 punishable as provided in s. 775.082 or s. 775.083, and shall
160 pay a fine of not less than $1,000 and not more than $3,000. The
161 department shall also revoke the driver license of that person
162 for 2 years. A hearing may be requested pursuant to s. 322.271.
163 (c) Any person who commits a third or subsequent violation
164 of subsection (2) within 5 years after the date of a prior
165 violation that resulted in a conviction for a violation of
166 subsection (2) commits a misdemeanor of the first degree,
167 punishable as provided in s. 775.082 or s. 775.083, and shall
168 pay a fine of not less than $2,000 and not more than $5,000. The
169 department shall also revoke the driver license of that person
170 for 4 years. A hearing may be requested pursuant to s. 322.271.
171 (d) In any case charging a violation of subsection (2),
172 the court shall be provided a copy of the driving record of the
173 person charged and may obtain any records from any other source
174 to determine if one or more prior convictions of the person for
175 a violation of subsection (2) have occurred within 5 years

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176 before prior to the charged offense.
177 (4)(a) A person may not be a spectator at any race, drag
178 race, or street takeover prohibited under subsection (2).
179 (b) A person who violates paragraph (a) commits a
180 noncriminal traffic infraction, punishable as a moving violation
181 as provided in chapter 318.
182 (5) Whenever a law enforcement officer has probable cause
183 to believe that a person violated subsection (2), the officer
184 may arrest and take such person into custody without a warrant.
185 The court may enter an order of impoundment or immobilization as
186 a condition of incarceration or probation. Within 7 business
187 days after the date the court issues the order of impoundment or
188 immobilization, the clerk of the court must send notice by
189 certified mail, return receipt requested, to the registered
190 owner of the motor vehicle, if the registered owner is a person
191 other than the defendant, and to each person of record claiming
192 a lien against the motor vehicle.
193 (a) Notwithstanding any provision of law to the contrary,
194 the impounding agency shall release a motor vehicle under the
195 conditions provided in s. 316.193(6)(e), (f), (g), and (h), if
196 the owner or agent presents a valid driver license at the time
197 of pickup of the motor vehicle.
198 (b) All costs and fees for the impoundment or
199 immobilization, including the cost of notification, must be paid
200 by the owner of the motor vehicle or, if the motor vehicle is

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201 leased or rented, by the person leasing or renting the motor
202 vehicle, unless the impoundment or immobilization order is
203 dismissed. All provisions of s. 713.78 shall apply.
204 (c) Any motor vehicle used in violation of subsection (2)
205 may be impounded for a period of 30 business days if a law
206 enforcement officer has arrested and taken a person into custody
207 pursuant to this subsection and the person being arrested is the
208 registered owner or co-owner of the motor vehicle. If the
209 arresting officer finds that the criteria of this paragraph are
210 met, the officer may immediately impound the motor vehicle. The
211 law enforcement officer shall notify the Department of Highway
212 Safety and Motor Vehicles of any impoundment for violation of
213 this subsection in accordance with procedures established by the
214 department. Paragraphs (a) and (b) shall be applicable to such
215 impoundment.
216 (6) Any motor vehicle used in violation of subsection (2)
217 by any person within 5 years after the date of a prior
218 conviction of that person for a violation under subsection (2)
219 may be seized and forfeited as provided by the Florida
220 Contraband Forfeiture Act. This subsection shall only be
221 applicable if the owner of the motor vehicle is the person
222 charged with violating subsection (2).
223 (7) This section does not apply to licensed or duly
224 authorized racetracks, drag strips, or other designated areas
225 set aside by proper authorities for such purposes.

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226 Section 2. Subsection (10) of section 316.2397, Florida
227 Statutes, is amended to read:
228 316.2397 Certain lights prohibited; exceptions.—
229 (10) A person who violates violation of this section
230 commits a misdemeanor of the first degree is a noncriminal
231 traffic infraction, punishable as a nonmoving violation as
232 provided in s. 775.082 or s. 775.083 chapter 318.
233 Section 3. Subsection (20) of section 318.18, Florida
234 Statutes, is amended to read:
235 318.18 Amount of penalties.—The penalties required for a
236 noncriminal disposition pursuant to s. 318.14 or a criminal
237 offense listed in s. 318.17 are as follows:
238 (20) In addition to any other penalty, $65 for a violation
239 of s. 316.191, prohibiting racing on highways, street takeovers,
240 and stunt driving, or s. 316.192, prohibiting reckless driving.
241 The additional $65 collected under this subsection shall be
242 remitted to the Department of Revenue for deposit into the
243 Emergency Medical Services Trust Fund of the Department of
244 Health to be used as provided in s. 395.4036.
245 Section 4. For the purpose of incorporating the amendment
246 made by this act to section 316.191, Florida Statutes, in a
247 reference thereto, paragraph (c) of subsection (2) of section
248 316.027, Florida Statutes, is reenacted to read:
249 316.027 Crash involving death or personal injuries.—
250 (2)

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251 (c) The driver of a vehicle involved in a crash occurring
252 on public or private property which results in the death of a
253 person shall immediately stop the vehicle at the scene of the
254 crash, or as close thereto as possible, and shall remain at the
255 scene of the crash until he or she has fulfilled the
256 requirements of s. 316.062. A person who is arrested for a
257 violation of this paragraph and who has previously been
258 convicted of a violation of this section, s. 316.061, s.
259 316.191, or s. 316.193, or a felony violation of s. 322.34,
260 shall be held in custody until brought before the court for
261 admittance to bail in accordance with chapter 903. A person who
262 willfully violates this paragraph commits a felony of the first
263 degree, punishable as provided in s. 775.082, s. 775.083, or s.
264 775.084, and shall be sentenced to a mandatory minimum term of
265 imprisonment of 4 years. A person who willfully commits such a
266 violation while driving under the influence as set forth in s.
267 316.193(1) shall be sentenced to a mandatory minimum term of
268 imprisonment of 4 years.
269 Section 5. For the purpose of incorporating the amendment
270 made by this act to section 316.191, Florida Statutes, in
271 references thereto, paragraphs (a) and (b) of subsection (4) of
272 section 322.0261, Florida Statutes, are reenacted to read:
273 322.0261 Driver improvement course; requirement to
274 maintain driving privileges; failure to complete; department
275 approval of course.—

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276 (4)(a) The department shall identify any operator
277 convicted of, or who pleaded nolo contendere to, a violation of
278 s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
279 316.192 and shall require that operator, in addition to other
280 applicable penalties, to attend a department-approved driver
281 improvement course in order to maintain driving privileges. The
282 department shall, within 10 days after receiving a notice of
283 judicial disposition, send notice to the operator of the
284 requirement to attend a driver improvement course. If the
285 operator fails to complete the course within 90 days after
286 receiving notice from the department, the operator's driver
287 license shall be canceled by the department until the course is
288 successfully completed.
289 (b) Any operator who receives a traffic citation for a
290 violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or
291 s. 316.192, for which the court withholds adjudication, is not
292 required to attend a driver improvement course, unless the court
293 finds that the nature or severity of the violation is such that
294 attendance to a driver improvement course is necessary. The
295 department shall, within 10 days after receiving a notice of
296 judicial disposition, send notice to the operator of the
297 requirement to attend a driver improvement course. If the
298 operator fails to complete the course within 90 days after
299 receiving notice from the department, the operator's driver
300 license shall be canceled by the department until the course is

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301 successfully completed.
302 Section 6. Paragraph (d) of subsection (9) of section
303 901.15, Florida Statutes, is amended to read:
304 901.15 When arrest by officer without warrant is lawful.—A
305 law enforcement officer may arrest a person without a warrant
306 when:
307 (9) There is probable cause to believe that the person has
308 committed:
309 (d) A racing, street takeover, or stunt driving violation
310 as described in s. 316.191(2).
311 Section 7. Section 843.08, Florida Statutes, is amended to
312 read:
313 843.08 False personation.—A person who falsely assumes or
314 pretends to be a firefighter, a sheriff, an officer of the
315 Florida Highway Patrol, an officer of the Fish and Wildlife
316 Conservation Commission, an officer of the Department of
317 Environmental Protection, an officer of the Department of
318 Financial Services, any personnel or representative of the
319 Division of Investigative and Forensic Services, an officer of
320 the Department of Corrections, a correctional probation officer,
321 a deputy sheriff, a state attorney or an assistant state
322 attorney, a statewide prosecutor or an assistant statewide
323 prosecutor, a state attorney investigator, a coroner, a police
324 officer, a lottery special agent or lottery investigator, a
325 beverage enforcement agent, a school guardian as described in s.

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326 30.15(1)(k), a security officer licensed under chapter 493, any
327 member of the Florida Commission on Offender Review or any
328 administrative aide or supervisor employed by the commission,
329 any personnel or representative of the Department of Law
330 Enforcement, or a federal law enforcement officer as defined in
331 s. 901.1505, and takes upon himself or herself to act as such,
332 including by using lights in violation of s. 316.2397 or s.
333 843.081, or to require any other person to aid or assist him or
334 her in a matter pertaining to the duty of any such officer,
335 commits a felony of the third degree, punishable as provided in
336 s. 775.082, s. 775.083, or s. 775.084. However, a person who
337 falsely personates any such officer during the course of the
338 commission of a felony commits a felony of the second degree,
339 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
340 If the commission of the felony results in the death or personal
341 injury of another human being, the person commits a felony of
342 the first degree, punishable as provided in s. 775.082, s.
343 775.083, or s. 775.084.
344 Section 8. This act shall take effect July 1, 2022.

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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

CS/HB 399 by Rep. Rodriguez
Motor Vehicle and Vessel Law Enforcement

AMENDMENT SUMMARY
February 15, 2022

Amendment 1 by Rep. Drake (Line 116):

• Prohibits stunt driving if it takes place as part of a street takeover.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 399 (2022)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Drake offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 116-117 and insert:
7 as part of a street takeover.
8
9 -----------------------------------------------------
10 T I T L E A M E N D M E N T
11 Remove line 6 and insert:
12 takeover, stunt driving performed as part of a street takeover,
13 racing, speed competition or

231813 - h0399-line 116.docx
Published On: 2/14/2022 6:56:00 PM
Page 1 of 1
HB 1031
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1031 Transportation Research
SPONSOR(S): Andrade
TIED BILLS: IDEN./SIM. BILLS: SB 1160

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee Johnson Keating

2) Higher Education Appropriations Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
The University of Florida (UF), the Florida Department of Transportation (DOT), and the City of Gainesville
have partnered to create the Implementing Solutions from Transportation Research and Evaluation of
Emerging Technologies (I-STREET) Living Lab. I-STREET’s principal objective is to make significant
improvements to transportation safety and mobility, utilizing a real-world testbed environment that has been
created on and surrounding the UF campus and the expanding set of diverse technology installed on Florida
segments of the Interstate Highway System.

The bill codifies the I-STREET Living Lab within UF and provides for its duties relating to transportation
research, education, workforce development, and related issues. The bill requires I-STREET, by July 1, 2023,
and annually thereafter, to provide to the Governor, the President of the Senate, and the Speaker of the House
of Representatives a report outlining its goals, as well as its efforts and progress on reaching those goals.

The bill also creates a nine-member advisory board to periodically review and advise I-STREET concerning its
research program.

The bill does not provide funding for any costs associated with participation in I-STREET. Such costs are
indeterminate and are expected to be absorbed within the existing resources of UF, DOT, and other
participants.

The bill has an effective date of July 1, 2022.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1031.TIE
DATE: 2/11/2022
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Various centers, institutes, and special programs within the State University System are codified in
Florida Statutes, including the Florida Industrial and Phosphate Research Institute at Florida
Polytechnic University,1 the H. Lee Moffitt Cancer Center and Research Institute at the University of
South Florida,2 the Louis de la Parte Florida Mental Health Institute at the University of South Florida,3
the Florida Institute for Child Welfare at Florida State University,4 and the Center for Urban
Transportation Research at the University of South Florida. 5

The University of Florida (UF) College of Engineering’s Transportation Institute aims to advance
transportation, disseminate research results, and provide educational opportunities related to
transportation. The institute is an umbrella organization housing several transportation-related centers.6

UF’s Transportation Institute, the Department of Transportation (DOT), and the City of Gainesville have
partnered to create the Implementing Solutions from Transportation Research and Evaluation of
Emerging Technologies (I-STREET) Living Lab. I-STREET’s principal objective is to make significant
improvements to transportation safety and mobility, utilizing a real-world testbed environment that has
been created on and surrounding the UF campus and the expanding set of diverse technology installed
on Florida segments of the Interstate Highway System.7 I-STREET has received funding from the
National Science Foundation and through research conducted as part of the United States Department
of Transportation’s University Transportation Centers Program. 8

I-STREET’s mission and main goals are to:
 Facilitate the development and implementation of advanced and emerging technologies to
improve safety and mobility that are suitable for implementation statewide and beyond;
 Foster collaboration with industry wishing to develop, test, and implement their own
technologies to improve safety, and mobility; and
 Become a recognized national and global leader in the development and implementation of
advanced technologies to improve transportation safety and mobility. 9

I-STREET projects include:
 I-75 Florida Regional Advanced Mobility Elements;
 Pedestrian and Bicycle Safety Demonstration;
 Gainesville Autonomous Shuttle Evaluation; and
 Transportation Mobility Assessment and Recommendations for Smart City Planning. 10

DOT has issued an invitation to transportation industry leaders for participation in the “UF I-STREET
program.” According to DOT:

I-STREET is designed to assist in implementing emerging technologies aimed at safety and
mobility improvements. DOT will develop requests for proposals utilizing the emerging
1 S. 1004.346, F.S.
2 S. 1004.43, F.S.
3 S. 1004.44, F.S.
4 S. 1004.615, F.S.
5 S. 334.065(1), F.S.
6 University of Florida (UF) Transportation Institute, Overview, https://www.transportation.institute.ufl.edu/overview/ (last visited Jan 13,

2022).
7 UF, I-Street Living Lab , https://www.transportation.institute.ufl.edu/i-street-living-lab/ (last visited Feb, 11, 2022).
8 House of Representatives, Appropriations Project Request – Fiscal Year 2022-2023 HB 4285 (2022) p. 5.
9 UF, supra note 7.
10 UF Transportation Institute, Projects, https://www.transportation.institute.ufl.edu/i-street-living-lab/projects/ (last visited Jan. 13,

2022).
STORAGE NAME: h1031.TIE PAGE: 2
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technologies and will select vendors through a competitive bidding process. The selected
vendor for each project will deploy technology solutions. UF will conduct before-and-after
evaluations of implemented projects. After evaluation, DOT will consider whether to expand the
successful I-STREET projects elsewhere in the state.

DOT has allocated funding for these innovative projects per fiscal year (FY) from FY 2020-2021
until FY 2024-2025. Each FY, DOT will fund multiple projects based on the projects' merits and
safety and mobility improvement potential. The number of awards will vary depending on the
project type and scope.11

Effect of the Bill

The bill codifies the I-STREET Living Lab within UF. The bill requires I-STREET to, at a minimum:
 Conduct and facilitate research on issues related to innovative transportation mobility and safety
technology development and deployment in Florida and serve as an information exchange and
depository for the most current information pertaining to transportation research, education,
workforce development, and related issues.
 Be a continuous resource for the Legislature, DOT, local governments, the nation’s metropolitan
regions, and the private sector in the area of transportation and related research.
 Promote intercampus transportation and related research activities among Florida universities
to enhance the ability of these universities to attract federal and private sector funding for
transportation and related research.
 Provide by July 1, 2023, and each July 1 thereafter, to the Governor, the President of the
Senate, and the Speaker of the House of Representatives a comprehensive report that outlines
I-STREET’s clearly defined goals and its efforts and progress on reaching those goals.

The bill creates an advisory board to periodically review and advise I-STREET concerning its research
program. The board must consist of nine members with expertise in transportation-related areas,
including:
 A member appointed by the President of the Senate.
 A member appointed by the Speaker of the House of Representatives.
 The Secretary of Transportation or his or her designee.
 The Secretary of Economic Opportunity or his or her designee.
 A member of the Florida Transportation Commission. 12
 Four members nominated by UF’s College of Engineering and approved by UF’s president.
These nominees may include representatives of UF, other academic and research institutions,
or private entities.

The bill has an effective date of July 1, 2022.

B. SECTION DIRECTORY:
Section 1 Creates s. 334.066, F.S., creating the Implementing Solutions from Transportation
Research and Evaluating Emerging Technologies (I-STREET) Living Lab.

Section 2 Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

11 Department of Transportation (DOT), UF I-Street, https://www.fdot.gov/traffic/its/projects -deploy/cv/maplocations/uf-testbed.shtm (last

visited Jan. 14, 2022).
12 The Florida Transportation Commission is a citizen’s advisory board for the Department of Transportation.

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DATE: 2/11/2022
2. Expenditures:
Indeterminate. The costs associated with I-STREET are unknown but are expected to be absorbed
within the existing resources of the UF, DOT, and other potential government sector participants.
The bill does not provide funding for any costs associated with participation.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
Indeterminate. The costs associated with I-STREET are unknown but are expected to be absorbed
within the existing resources of the UF, DOT, and other potential government sector participants.
The bill does not provide funding for any costs associated with participation.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
While the bill does not have a direct fiscal impact on state or local government revenues, appropriations
bill HB 4285 (2022) provides a $3,373,000 appropriation request for I-STREET.13

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to impact municipal or county governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
This bill does not require or authorize rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.

13 House of Representatives, Appropriations Project Request – Fiscal Year 2022-2023 for HB 4285 (2022) p. 1.

STORAGE NAME: h1031.TIE PAGE: 4
DATE: 2/11/2022
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1031 2022

1 A bill to be entitled
2 An act relating to transportation research; creating
3 s. 334.066, F.S.; establishing the Implementing
4 Solutions from Transportation Research and Evaluating
5 Emerging Technologies Living Lab (I-STREET) within the
6 University of Florida; specifying the duties of I-
7 STREET; requiring I-STREET to annually provide the
8 Governor and the Legislature with a certain report;
9 requiring the creation of a certain advisory board;
10 specifying the composition of the board; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 334.066, Florida Statutes, is created
16 to read:
17 334.066 Implementing Solutions from Transportation
18 Research and Evaluating Emerging Technologies Living Lab.—
19 (1) The Implementing Solutions from Transportation
20 Research and Evaluating Emerging Technologies Living Lab (I-
21 STREET) is established within the University of Florida.
22 (2) At a minimum, I-STREET shall:
23 (a) Conduct and facilitate research on issues related to
24 innovative transportation mobility and safety technology
25 development and deployment in this state and serve as an

Page 1 of 3

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1031 2022

26 information exchange and depository for the most current
27 information pertaining to transportation research, education,
28 workforce development, and related issues.
29 (b) Be a continuing resource for the Legislature, the
30 department, local governments, the nation's metropolitan
31 regions, and the private sector in the area of transportation
32 and related research.
33 (c) Promote intercampus transportation and related
34 research activities among Florida universities to enhance the
35 ability of these universities to attract federal and private
36 sector funding for transportation and related research.
37 (d) Provide by July 1, 2023, and each July 1 thereafter,
38 to the Governor, the President of the Senate, and the Speaker of
39 the House of Representatives a comprehensive report that
40 outlines its clearly defined goals and its efforts and progress
41 on reaching those goals.
42 (3) An advisory board shall be created to periodically
43 review and advise I-STREET concerning its research program. The
44 board shall consist of nine members with expertise in
45 transportation-related areas, as follows:
46 (a) A member appointed by the President of the Senate.
47 (b) A member appointed by the Speaker of the House of
48 Representatives.
49 (c) The Secretary of Transportation or his or her
50 designee.

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HB 1031 2022

51 (d) The Secretary of Economic Opportunity or his or her
52 designee.
53 (e) A member of the Florida Transportation Commission.
54 (f) Four members nominated by the University of Florida's
55 College of Engineering and approved by the university's
56 president. The College of Engineering's nominees may include
57 representatives of the University of Florida, other academic and
58 research institutions, or private entities.
59 Section 2. This act shall take effect July 1, 2022.

Page 3 of 3

CODING: Words stricken are deletions; words underlined are additions.
hb1031-00
HB 1419
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1419 Financial Assistance for Municipal Solid Waste-to-Energy Facilities
SPONSOR(S): Mariano
TIED BILLS: IDEN./SIM. BILLS: SB 1764

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee Walsh Keating

2) Agriculture & Natural Resources Appropriations
Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
Energy recovery from waste is the conversion of non-recyclable waste materials into useable heat, electricity,
or fuel. Municipal solid waste (MSW), otherwise known as trash or garbage, can be used to produce energy at
WTE plants and landfills. For over 30 years, WTE has been a part of Florida’s solid waste management
program. Florida has the largest MSW burn capacity in the country.

Utilities are required to purchase power, at the utility’s full avoided cost, from “qualifying facilities” (QF) which
fall into two categories: qualifying small power production facilities and qualifying cogeneration facilities. In
Florida, investor-owned utilities (IOUs) must annually establish and file with the Public Service Commission
(PSC) a standard offer contract with terms, conditions, and payments based on projected costs for each fossil-
fueled generating unit type identified in the IOU’s ten-year site plan. Payment terms and conditions for QFs are
based on the projected cost to construct and operate the IOU’s next planned generation unit. The standard
offer contract provides a basis for developing negotiated contracts. “As-available” energy contracts are also an
option for QFs, including municipal solid waste-to-energy (MSWE) facilities.

The bill creates the Municipal Solid Waste-to-Energy Program (program) within the Department of Agriculture
and Consumer Services (DACS). The purpose of the program is to provide financial assistance grants and
incentive grants to MSWE facilities. To enable DACS to administer the program, the bill provides a $100 million
appropriation from the General Revenue Fund in recurring funds.

Under the bill, the financial assistance grants will provide MSWE facilities funding at a rate of 2 cents per
kilowatt-hour of electricity purchased by an electric utility during the preceding state fiscal year, not to exceed
the difference between the electric utility’s avoided cost and the commercial retail rate. The bill also provides
for incentive grants, which will provide facilities with matching funds on a dollar-for-dollar basis to assist with
planning and design for constructing, upgrading, or expanding MSWE facilities, including necessary legal or
administrative expenses. The bill authorizes DACS to adopt rules to implement the program.

The bill will not impact state government revenues or local government expenditures. The bill provides a $100
million appropriation in recurring funds from the General Revenue Fund to DACS for the 2022-2023 fiscal year.
The bill may result in a positive impact to local revenues if publicly-owned MSWE facilities qualify for the
program.

The bill provides an effective date of July 1, 2022.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1419.TIE
DATE: 2/11/2022
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Municipal Solid Waste-to-Energy

Energy recovery from waste is the conversion of non-recyclable waste materials into useable heat,
electricity, or fuel. This process is often called waste-to-energy (WTE), and the conversion may use a
few different methods, including combustion, gasification, pyrolization, anaerobic digestion, and landfill
gas recovery.1

Municipal solid waste (MSW), otherwise known as trash or garbage, can be used to produce energy at
WTE plants and landfills.2 At this type of facility MSW is typically unloaded from collection trucks and
placed in storage, then an overhead crane sorts the waste and lifts it into a combustion chamber to be
burned. The heat released from burning converts water to steam in a boiler that is used to generate
electricity.3,4 MSW may contain:
 Biomass or biogenic (plant or animal products) materials such as paper, cardboard, food waste,
grass clippings, leaves, wood, and leather products;
 Nonbiomass combustible materials such as plastics and other synthetic materials made from
petroleum; and
 Noncombustible materials such as glass and metals. 5

In 2018, about 12 percent of the 292 million tons of MSW produced in the U.S. was burned in WTE
plants.6 The remaining MSW was managed as follows:
 50 percent was landfilled;
 23.6 percent was recycled;
 8.5 percent was composted; and
 6.1 percent is listed as “other.”7

In 2020, 65 U.S. power plants generated around 13.5 billion kilowatt-hours of electricity from 25 million
tons of MSW. In addition to producing electricity, WTE is a waste management option. Utilizing WTE
methods reduces the amount of material otherwise buried in landfills by about 87 percent. A WTE plant
can reduce 2,000 pounds of MSW down to around 300 to 600 pounds of ash.8

Energy recovery from waste is encouraged by the U.S. Environmental Protection Agency and is
recognized as a renewable energy source. WTE facilities produce relatively clean, renewable energy
through the combustion of municipal solid waste in specially designed power plants equipped with
pollution control equipment to clean emissions.9

Municipal Solid Waste-to-Energy in Florida

1 U.S. Environmental Protection Agency, Energy Recovery from the Combustion of Municipal Solid Waste (MSW),
https://www.epa.gov/smm/energy-recovery-combustion-municipal-solid-waste-msw (last visited Feb. 9, 2022).
2 U.S. Energy Information Admin., Biomass explained, Waste-to-energy (Municipal Solid Waste), Basics,

https://www.eia.gov/energy explained/biomass/waste -to-energy.php (last visited Feb. 9, 2022).
3 U.S. Energy Information Admin., Biomass explained, Waste-to-energy (Municipal Solid Waste), In Depth, How waste-to-

energy plants work , https://www.eia.gov/energyexplained/biomass/waste-to-energy-in-depth.php (last visited Feb. 9,
2022).
4 U.S. Environmental Protection Agency, supra note 1.
5 U.S. Energy Information Admin., supra note 2.
6 Id.
7 Id.
8 Id.
9 U.S. Environmental Protection Agency, supra note 1.
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For over 30 years, WTE has been a part of Florida’s solid waste management program. 10 In the 1993
revisions to the 1988 Solid Waste Management Act, the Legislature recognized the need to use an
integrated approach to municipal solid waste management by using waste reduction, recycling, WTE
facilities, and landfills.11

Current law defines the term “waste-to-energy facility” as a facility that uses an enclosed device using
controlled combustion to thermally break down solid, liquid, or gaseous combustible solid waste to
an ash residue that contains little or no combustible material and that produces electricity, steam, or
other energy as a result. Under current law, the term does not include facilities that primarily burn fuels
other than solid waste even if such facilities also burn some solid waste as a fuel supplement. 12,13

Florida has the largest MSW burn capacity of any state in the country. The state went from having one
small WTE plant in 1982 to operating twelve facilities.14 The following counties have at least
one facility:
 Bay
 Broward
 Miami-Dade
 Hillsborough
 Lake
 Palm Beach
 Pasco
 Pinellas.15

Florida Public Service Commission and Regulation of Investor-Owned Electric Utilities

The Florida Public Service Commission (PSC) is an arm of the legislative branch of government. 16 The
role of the PSC is to ensure that Florida's consumers receive some of their most essential services –
electric, natural gas, telephone, water, and wastewater – in a safe, affordable, and reliable manner. In
doing so, the PSC exercises regulatory authority over utilities in one or more of three key areas: rate
base/economic regulation; competitive market oversight; and monitoring of safety, reliability, and
service issues.17

The PSC regulates the rates and services of investor-owned electric utilities (IOUs). There are four
IOUs in Florida: Florida Power & Light Company (FPL), 18 Duke Energy Florida (Duke), Tampa Electric
Company (TECO), and Florida Public Utilities Corporation. 19 Together, these four IOUs serve over 8.1
million customers in Florida.20 IOU rates and revenues are regulated by the PSC.21 The IOUs must file
periodic earnings reports, which allow the PSC to monitor earnings levels on an ongoing basis and

10 See s. 403.7061(1), F.S.
11 Id.
12 S. 403.1061, F.S.
13 The term also does not include facilities that burn vegetative,agricultural, or silvicultural wastes, bagasse, clean dry
wood, methane or other landfill gas, wood fuel derived from construction or demolit ion debris, or waste tires, alone or in
combination with fossil fuels. Id.
14 Florida Department of Environmental Protection, Waste-to-Energy, https://floridadep.gov/ waste/permitting-c ompliance-

assistance/content/waste-energy (last visited Feb. 9, 2022).
15 Florida Department of Environmental Protection, Florida Waste-to-Energy Facilities,

https://floridadep.gov/sites/default/files/W TE_Cont acts-2016.pdf (last visited Feb. 9, 2022).
16 S. 350.001, F.S.
17 Florida Public Service Commission, http://www.psc.state.fl.us/ (last visited Feb. 10, 2022).
18 FPL acquired Gulf Power Company in 2019 and merged as of January 3, 2022, for ratemaking purposes.
19 Florida Department of Agriculture and Consumer Services, Electric Utilities, https://www.fdacs.gov/Energy/Florida-

Energy-Clearinghouse/Electric-Utilities (last visited Feb. 10, 2022).
20 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry (2021), p, 4, available at

http://www.psc.state.fl.us/Files/PDF/Publications/Reports/General/Factsandfigures/April%202021. pdf (last visited Feb. 10,
2022).
21 Florida Department of Agriculture and Consumer Services, Electric Utilities, supra at n. 20.
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adjust customer rates if a company appears to be overearning. 22 IOUs must provide sufficient and
adequate service to customers.23 To fulfill that obligation, utilities monitor customer usage patterns in
order to plan for future energy needs.

Required IOU Purchases from Qualifying Facilities

In 1978, the federal government enacted the Public Utility Regulatory Policies Act (PURPA),24 which
required promotion of energy efficiency and use of renewables. PURPA requires utilities to purchase
power, at the utility’s full avoided cost, from “qualifying facilities” (QF) 25 which fall into two categories:
qualifying small power production facilities and qualifying cogeneration facilities. 26 These facilities can
include WTE facilities. PURPA directed the Federal Energy Regulatory Commission to implement this
requirement, which in turn directed the states to do the same. In response, the Florida Legislature
directed utilities to purchase power from cogenerators and small power producers.27

An IOU’s full avoided cost is the incremental cost of electric energy or capacity, 28 which, but for a
purchase from a non-utility generator, like a QF, the IOU would have to generate itself or purchase from
another source.29 Full avoided cost is based upon either the utility’s cost to construct and operate its
next planned generating unit or the cost of purchasing capacity and energy from generating units
owned by other utilities in the wholesale market.30

Power Purchase Agreements

IOUs must annually establish and file with the PSC a standard offer contract with terms, conditions, and
payments based on projected costs for each fossil-fueled generating unit type identified in the IOU’s
ten-year site plan. Payment terms and conditions for QFs are based on the projected cost to construct
and operate the IOU’s next planned generation unit. Essentially, the next planned unit becomes an
avoided unit and the basis for the avoided costs. 31

The standard offer contract provides a basis for developing negotiated contracts. 32 Rule 25-17.240,
F.A.C., encourages IOUs and generating facilities to negotiate contracts for firm capacity and energy to
provide fuel diversity, fuel price stability, and energy security. The PSC addresses petitions by IOUs for
approval of cost recovery of negotiated contracts between the IOU and the QFs. The PSC’s review
considers various matters including whether the contract is at or below the IOU’s avoided cost.33

Payments to Qualified Facilities

“As-available” energy contracts are an option for QFs, including municipal solid waste-to-energy
(MSWE) facilities. These contracts are not subject to the PSC’s approval but must be filed with the PSC
within ten working days of being signed.34 As-available energy is energy produced and sold on an hour-
by-hour basis for which contractual commitments regarding the quantity and time of delivery are not

22 Florida Public Service Commission, Florida PSC 2020 Annual Report, p. 6, available at
http://www.psc.state.fl.us/Files/PDF/Publications/Reports/General/Annualreports/2020.pdf (last visited Feb. 10, 2022).
23 S. 366.03, F.S.
24 16 U.S.C. s.2601 et seq.
25 See Federal Energy Regulatory Commission, PURPA Qualifying Facilities, https://www.ferc.gov/qf (last visited Feb. 10,

2022).
26 Id.
27 S. 366.051, F.S.
28 Capacity is the maximum electric output, in megawatts, that an electricity generator can produce under ideal conditions.

See U.S. Energy Information Administration, What is the difference between electricity generation capacity and electricity
generation?, https://www.eia.gov/tools/faqs/faq.php?id= 101&t=3 (last visited Feb. 10, 2022).
29 S. 366.051, F.S.
30 Florida Public Service Commission, States’ Electric Restructuring Activities Update: Wholesale Sales ,

http://www.psc.state.fl.us/Publications/ElectricRestructuringDetails#4 (last visited Feb. 10, 2022).
31 Florida Public Service Commission, Agency Analysis of 2022 House Bill 1419, p. 1 (Jan. 20, 2022).
32 Id.
33 Id.
34 R. 25-17.0825(1)(b), F.A.C.; Florida Public Service Commission, supra note 33, p. 2.
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required.35 As-available energy is purchased at a rate equal to the utility’s hourly incremental system
fuel cost, which reflects the highest fuel cost of generation each hour. 36

According to the PSC, the following MSWE facilities receive as-available energy payments from FPL:
 Broward County Resource Recovery – South AA QF
 Brevard County
 Miami Dade Resource Recovery
 Lee County Solid Waste.37

A QF is eligible for capacity and energy payments under a firm contract if the QF can meet certain
contractual provisions as to the quantity, time, and reliability of the delivery of electricity. 38 Capacity is
the maximum electric output, in megawatts, that an electricity generator can produce under ideal
conditions.39

To promote alternative and renewable energy generation, the PSC requires IOUs to offer multiple
capacity payment options, including early payments or levelized payments. The different payment
options allow QFs flexibility to best meet their financial needs. If an early capacity payment option is
selected, then the QF will begin receiving capacity payments earlier than the in-service date of the
avoided unit and payments will generally be lower in the later years of the contract.40

According to the PSC, the following six MSWE facilities are operating under active firm contracts with
their host IOU:
 Pinellas County Resource Recovery, with Duke, ending December 2024
 Pasco County Resource Recovery, with Duke, ending December 2024
 Broward County Resource Recovery - South QF, with FPL, ending December 2026
 Palm Beach County Solid Waste Authority 1, with FPL, ending March 2034
 Palm Beach County Solid Waste Authority 2, with FPL, ending March 2034
 Bay County/Engen LLC, with FPL/Gulf, ending July 2023. 41

Commercial Retail Rates

Commercial retail rates vary across utilities. Each IOU has various commercial rate levels pursuant to
tariffs approved by the PSC. The retail rate depends on the kilowatt demand that a commercial
customer places on an IOU’s system. Demand provides an indication of the customer’s load size.
Demand is based on the highest usage over a specified time interval. Demand is intended to allow a
utility to recover the fixed cost of maintaining its facilities, including generation, transmission, and
distribution, which must be able to meet a customer’s highest electricity needs.42

Effect of the Bill

The bill provides findings that:
 It is in the public interest to promote the development of renewable energy resources in Florida;
 MSWE facilities 43 using biomass as fuel or an energy source are deemed to be producing
renewable energy;

35 R. 25-17.0825, F.A.C.
36 Florida Public Service Commission, supra note 33, p. 2.
37 Id.
38 Id. at 1.
39 See U.S. Energy Information Administration, What is the difference between electricity generation capacity and
electricity generation?, https://www.eia.gov/tools/faqs/faq.php?id=101&t=3 (last visited Feb. 11, 2022).
40 Florida Public Service Commission, supra note 33, p. 1.
41 Id. at 2.
42 Id.
43 The bill defines “municipal solid waste-to-energy facility” as a publicly owned or government affiliate-owned facility that

uses an enclosed device using controlled combustion to thermally break down solid waste to an ash residue that contains
little or no combustible material and that produces electricity, steam, or other energy as a result. The term does not
include facilities that primarily burn fuels other than solid waste even if such facil ities also burn some solid waste as a fuel
STORAGE NAME: h1419.TIE PAGE: 5
DATE: 2/11/2022
 MSWE facilities provide a practical and sustainable solution to reducing landfill waste, reducing
volume by about 87 percent;
 Recognize the benefits that MSWE facilities contribute to Florida and its local communities; and
 The Legislature intends to incentivize the production and sale of energy from MSWE facilities
through grant programs.

The bill creates the Municipal Solid Waste-to-Energy Program (program) within the Department of
Agriculture and Consumer Services (DACS). The purpose of the program is to provide financial
assistance grants and incentive grants to MSWE facilities. To enable DACS to administer the program,
the bill provides a $100 million appropriation in recurring funds allocated to the department.

Under the bill, the financial assistance grants will provide MSWE facilities funding at a rate of 2 cents
per kilowatt-hour of electricity purchased by an electric utility during the preceding state fiscal year, not
to exceed the difference between the electric utility’s avoided cost and the commercial retail rate. If
funds are insufficient to cover every qualifying kilowatt-hour from all qualifying applicants, DACS must
prorate the available funds on an equitable basis, taking into consideration the comm ercial retail rate
within the applicable service territory.

The bill provides that in order to qualify for the program, an MSWE must have previously entered into a
power purchase agreement with an electric utility that included capacity payments which the MSWE
facility will no longer receive under the agreement. The facility owner must submit an application to
DACS, including the MSWE facility’s name and the amount of energy purchased from the facility by an
electric utility during the preceding state fiscal year.

The bill requires DACS to establish a process in coordination with the PSC to verify eligibility and the
amount of energy purchased from the facility by an electric utility.

Under the bill, the incentive grants will provide facilities with matching funds on a dollar-for-dollar basis
to assist with planning and design for constructing, upgrading, or expanding MSWE facilities, including
necessary legal or administrative expenses.

The bill provides that to qualify for the incentive grants, a facility owner must apply to DACS and
demonstrate that the project is cost-effective, permittable, and implementable and complies with s.
403.7061, F.S., which establishes the requirements for review of new WTE facility capacity by the
Department of Environmental Protection (DEP).

The bill requires DEP to assist DACS with determining eligibility and with establishing
requirements to ensure long-term and efficient operation and maintenance of such facilities.

The bill requires DACS to perform adequate overview of applications and awards, including technical
review, regular inspections, disbursement approvals, and auditing. The bill further provides that DACS
must terminate or require repayment of incentive grant funds if it determines that the program
requirements are not being met.

The bill states that any funds appropriated to the program must first be used for the financial assistance
grants and any remaining funds in a fiscal year may be used for the incentive grants.

The bill requires DACS to adopt rules to implement and administer the program. The rules must:
 Establish an application process for both grant types;
 Include application deadlines; and
 Establish supporting documentation to be provided to DACS.

The bill requires DACS to consult with the PSC in developing rules for the financial assistance grants.

supplement. The term also does not include facilities that primarily burn vegetative, agricultural, or silvicultural wastes,
bagasse, clean dry wood, methane or other landfill gas, wood fuel derived from construct ion or demolition debris, or waste
tires, alone or in combination with fossil fuels.
STORAGE NAME: h1419.TIE PAGE: 6
DATE: 2/11/2022
B. SECTION DIRECTORY:
Section 1: Creates s. 377.814, F.S., which establishes the Municipal Solid Waste-to-Energy Program.

Section 2: Appropriates funds from the General Revenue Fund.

Section 3: Provides an effective date of July 1, 2022.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
The bill provides a $100 million appropriation in recurring funds from the General Revenue Fund to
DACS for the 2022-2023 fiscal year.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill may result in a positive impact to publicly-owned MSWE facilities that qualify for the
program by providing grants to offset capacity payments and to assist with certain planning and
design expenses.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may result in a positive impact to government affiliate-owned MSWE facilities that qualify for the
program by providing grants to offset capacity payments and to assist with certain planning and design
expenses.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
STORAGE NAME: h1419.TIE PAGE: 7
DATE: 2/11/2022
The bill authorizes DACS, in consultation with the PSC and DEP, to adopt rules to implement and
administer the program.

C. DRAFTING ISSUES OR OTHER COMMENTS:
According to the PSC, the bill is unclear as to the status of capacity payments pursuant to a purchase
power agreement. The PSC also states that the bill is unclear regarding the applicable commercial
retail rate, since there is more than one commercial retail rate approved for each IOU. 44

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.

44 Id. at 5.
STORAGE NAME: h1419.TIE PAGE: 8
DATE: 2/11/2022
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1419 2022

1 A bill to be entitled
2 An act relating to financial assistance for municipal
3 solid waste-to-energy facilities; creating s. 377.814,
4 F.S.; creating the Municipal Solid Waste-to-Energy
5 Program within the Department of Agriculture and
6 Consumer Services for a specified purpose; defining
7 terms; requiring the department, subject to
8 appropriation, to provide financial assistance grants
9 to municipal solid waste-to-energy facilities that
10 meet certain requirements; requiring the department to
11 distribute funds to qualifying applicants based on
12 certain criteria; requiring the department to
13 establish a process to verify the amount of certain
14 electric power purchases; directing the Public Service
15 Commission to provide assistance in verifying grant
16 eligibility; requiring the department, subject to
17 appropriation, to provide incentive grants to
18 municipal solid waste-to-energy facilities to assist
19 with certain costs; specifying requirements for
20 applying for the funding; requiring the Department of
21 Environmental Protection to provide assistance in
22 determining grant eligibility and establishing
23 requirements; requiring the department to perform
24 grant overview; establishing priority for funding for
25 the grants; requiring the Department of Agriculture

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HB 1419 2022

26 and Consumer Services to adopt rules; providing an
27 appropriation; providing an effective date.
28
29 WHEREAS, as provided in s. 366.91(1), Florida Statutes, the
30 Legislature has determined that it is in the public interest to
31 promote the development of renewable energy resources in this
32 state, and
33 WHEREAS, under s. 366.91, Florida Statutes, municipal solid
34 waste-to-energy facilities that use biomass as a fuel or energy
35 source are deemed to be producing renewable energy, and
36 WHEREAS, municipal solid waste-to-energy facilities provide
37 a practical and sustainable solution to reducing landfill waste,
38 reducing volume by about 87 percent, and
39 WHEREAS, the Legislature recognizes the benefits that
40 municipal solid waste-to-energy facilities contribute to the
41 state and its local communities, and
42 WHEREAS, the Legislature intends to incentivize the
43 production and sale of energy from municipal solid waste -to-
44 energy facilities through grant programs, NOW, THEREFORE,
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Section 377.814, Florida Statutes, is created
49 to read:
50 377.814 Municipal Solid Waste-to-Energy Program.—

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HB 1419 2022

51 (1) CREATION AND PURPOSE OF THE PROGRAM.—The Municipal
52 Solid Waste-to-Energy Program is created within the department.
53 The purpose of the program is to provide financial assistanc e
54 grants and incentive grants to municipal solid waste-to-energy
55 facilities to incentivize the production and sale of energy from
56 municipal solid waste-to-energy facilities while also reducing
57 the amount of waste that would otherwise be disposed of in a
58 landfill.
59 (2) DEFINITIONS.—For purposes of this section, the term:
60 (a) "Department" means the Department of Agriculture and
61 Consumer Services.
62 (b) "Municipal solid waste-to-energy facility" means a
63 publicly owned or government affiliate-owned facility that uses
64 an enclosed device using controlled combustion to thermally
65 break down solid waste to an ash residue that contains little or
66 no combustible material and that produces electricity, steam, or
67 other energy as a result. The term does not include faci lities
68 that primarily burn fuels other than solid waste even if such
69 facilities also burn some solid waste as a fuel supplement. The
70 term does not include facilities that primarily burn vegetative,
71 agricultural, or silvicultural wastes, bagasse, clean dry wood,
72 methane or other landfill gas, wood fuel derived from
73 construction or demolition debris, or waste tires, alone or in
74 combination with fossil fuels.
75 (3) FINANCIAL ASSISTANCE GRANT PROGRAM.—The department,

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HB 1419 2022

76 subject to appropriation, shall provide financial assistance
77 grants to municipal solid waste-to-energy facilities that have
78 entered into a power purchase agreement with an electric utility
79 which includes capacity payments and the municipal solid waste-
80 to-energy facility will no longer receive capacity payments
81 under the agreement.
82 (a) To receive a financial assistance grant, the owner of
83 a municipal solid waste-to-energy facility must submit an
84 application to the department. The application must include the
85 name of the applicant's municipal solid waste-to-energy facility
86 and how much energy has been purchased from the facility by an
87 electric utility during the preceding state fiscal year.
88 (b) The department shall distribute funds, subject to
89 appropriation, to each qualifying applicant at a rate of 2 cents
90 per kilowatt-hour of electric power purchased by an electric
91 utility during the preceding state fiscal year, not to exceed
92 the difference between the electric utility's avoided cost and
93 the commercial retail rate. To the extent that funds are not
94 available to provide financial assistance to each qualifying
95 applicant for every qualifying kilowatt-hour purchased, the
96 department shall prorate the funds on an equitable basis, taking
97 into consideration the commercial retail rate within the
98 applicable service territory.
99 (c) The department shall establish a process to verify the
100 amount of electric power purchased from a municipal solid waste -

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101 to-energy facility by an electric utility during each preceding
102 state fiscal year. The Public Service Commission shall provide
103 assistance to the department to help verify grant eligibility
104 and award amounts and to ensure that the sum, per kilowatt -hour,
105 of the award plus the electric utility's purchase at the avoided
106 cost, do not exceed the applicable commercial retail rate within
107 the service territory.
108 (4) INCENTIVE GRANT PROGRAM.—The department, subject to
109 appropriation, shall provide incentive grants to municipal solid
110 waste-to-energy facilities to assist with the planning and
111 designing for constructing, upgrading, or expanding a municipal
112 solid waste-to-energy facility, including necessary legal or
113 administrative expenses.
114 (a) To qualify for an incentive grant, the owner of a
115 municipal solid waste-to-energy facility must apply to the
116 department for funding; provide matching funds on a dollar-for-
117 dollar basis; and demonstrate that the project is cost-
118 effective, permittable, and implementable and complies with s.
119 403.7061.
120 (b) The Department of Environmental Protection shall
121 provide assistance to the department in determining the
122 eligibility of grant applications and establishing requirements
123 to ensure the long-term and efficient operation and maintenance
124 of facilities constructed or expanded under an incentive grant.
125 (c) The department shall perform adequate overview of each

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126 grant application and grant award, including technical review,
127 regular inspections, disbursement approvals, and auditing, to
128 implement this section.
129 (d) The department shall require the termination or
130 repayment of incentive grant funds if the department determines
131 that program requirements are not being met.
132 (5) FUNDING.—Funds appropriated for the Municipal Solid
133 Waste-to-Energy Program must first be used for financial
134 assistance grants. Any funds remaining in a state fiscal year
135 after disbursement to all qualifying applicants may be used to
136 fund the incentive grant program.
137 (6) RULES.—The department shall adopt rules to implement
138 and administer this section, including establishing grant
139 application processes for financial assistance grants and
140 incentive grants. The rules shall include application deadlines
141 and establish the supporting documentation necessary to be
142 provided to the department. In adopting rules relating to the
143 financial assistance grant program, the department shall consult
144 the Public Service Commission. In adopting rules for the
145 incentive grant program, the department shall consult the
146 Department of Environmental Protection.
147 Section 2. For the 2022-2023 fiscal year, the sum of $100
148 million in recurring funds is appropriated from the General
149 Revenue Fund to the Department of Agriculture and Consumer
150 Services for the Municipal Solid Waste-to-Energy Program, as

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151 provided in s. 377.814, Florida Statutes.
152 Section 3. This act shall take effect July 1, 2022.

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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

HB 1419 by Rep. Mariano
Financial Assistance for Municipal Solid Waste-to-Energy Facilities

AMENDMENT SUMMARY
February 15, 2022

Amendment 1 by Rep. Mariano (strike-all):

• Clarifies eligibility, application requirements, and fund distribution guidelines for the
financial assistance grant program.
• Appropriates recurring funds from the General Revenue Fund to the Department of
Agriculture and Consumer Services (DACS) for the 2022-2023 fiscal year as follows:
o $100 million to fund the grant program.
o $149,832 to provide for the staff necessary to administer the program.
• Appropriates non-recurring funds from the General Revenue Fund to DACS for
administration expenses in the amount of $9,984.
• Provides that allocated funds which are not disbursed by the end of the fiscal year
may be carried forward for up to 5 years.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1419 (2022)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Mariano offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:

7 Section 1. Section 377.814, Florida Statutes, is created to
8 read:
9 377.814 Municipal Solid Waste-to-Energy Program.—
10 (1) CREATION AND PURPOSE OF THE PROGRAM.—The Municipal
11 Solid Waste-to-Energy Program is created within the department.
12 The purpose of the program is to provide financial assistance
13 grants and incentive grants to municipal solid waste-to-energy
14 facilities to incentivize the production and sale of energy from
15 municipal solid waste-to-energy facilities while also reducing
16 the amount of waste that would otherwise be disposed of in a

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1419 (2022)
Amendment No. 1

17 landfill.
18 (2) DEFINITIONS.—For purposes of this section, the term:
19 (a) “Department” means the Department of Agriculture and
20 Consumer Services.
21 (b) “Municipal solid waste-to-energy facility” means a
22 publicly owned or government affiliate-owned facility that uses
23 an enclosed device using controlled combustion to thermally
24 break down solid waste to an ash residue that contains little or
25 no combustible material and that produces electricity, steam, or
26 other energy as a result. The term does not include facilities
27 that primarily burn fuels other than solid waste even if such
28 facilities also burn some solid waste as a fuel supplement. The
29 term does not include facilities that primarily burn vegetative,
30 agricultural, or silvicultural wastes, bagasse, clean dry wood,
31 methane or other landfill gas, wood fuel derived from
32 construction or demolition debris, or waste tires, alone or in
33 combination with fossil fuels.
34 (3) FINANCIAL ASSISTANCE GRANT PROGRAM.—The department,
35 subject to appropriation, shall provide annual financial
36 assistance grants to municipal solid waste-to-energy facilities
37 that entered into a power purchase agreement with an electric
38 utility before January 1, 2022, which included capacity and
39 energy payments, and the owner of the municipal solid waste-to-
40 energy facility has entered into a new or amended power purchase
41 agreement that either no longer includes capacity payments or
42 includes capacity and energy payments in an amount less than the

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1419 (2022)
Amendment No. 1

43 total of the capacity and energy payments the municipal solid
44 waste-to-energy facility received under the power purchase
45 agreement entered into before January 1, 2022.
46 (a) To apply for an annual financial assistance grant, the
47 owner of a municipal solid waste-to-energy facility must submit
48 an application to the department. The application must include
49 the name of the applicant’s municipal solid waste-to-energy
50 facility, the name of the utility purchasing the electric power
51 from the municipal solid waste-to-energy facility, the total
52 capacity and energy payment the municipal solid waste -to-energy
53 facility received during the last year of the power purchase
54 agreement entered into before January 1, 2022, and the amount of
55 energy delivered to and the total amount paid for such power by
56 an electric utility pursuant to a new or amended power purchase
57 agreement during the preceding state fiscal year.
58 (b) The department shall distribute funds, subject to
59 appropriation, to each qualifying applicant at a rate of 2 cents
60 per kilowatt-hour of electric power purchased by an electric
61 utility during the preceding state fiscal year, not to exceed
62 the difference between the total capacity and energy payment the
63 municipal solid waste-to-energy facility received during the
64 last year of the power purchase agreement entered into before
65 January 1, 2022, and the total of the capacity and energy
66 payment the municipal solid waste-to-energy facility received
67 under a new or amended power purchase agreement during the
68 preceding state fiscal year. To the extent that funds are not

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1419 (2022)
Amendment No. 1

69 available to provide financial assistance to each qualifying
70 applicant for every qualifying kilowatt-hour purchased, the
71 department shall prorate the funds on an equitable basis.
72 (c) The department shall establish a process to verify the
73 amount of electric power purchased from a municipal solid waste -
74 to-energy facility by an electric utility during each preceding
75 state fiscal year. The Public Service Commission shall provide
76 assistance to the department to help verify the information
77 provided pursuant to paragraph (a).
78 (4) INCENTIVE GRANT PROGRAM.—The department, subject to
79 appropriation, shall provide incentive grants to municipal solid
80 waste-to-energy facilities to assist with the planning and
81 designing for constructing, upgrading, or expanding a municipal
82 solid waste-to-energy facility, including necessary legal or
83 administrative expenses.
84 (a) To qualify for an incentive grant, the owner of a
85 municipal solid waste-to-energy facility must apply to the
86 department for funding; provide matching funds on a dollar -for-
87 dollar basis; and demonstrate that the project is cost-
88 effective, permittable, and implementable and complies with s.
89 403.7061.
90 (b) The Department of Environmental Protection shall
91 provide assistance to the department in determining the
92 eligibility of grant applications and establishing requirements
93 to ensure the long-term and efficient operation and maintenance
94 of facilities constructed or expanded under an incentive grant.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1419 (2022)
Amendment No. 1

95 (c) The department shall perform adequate overview of each
96 grant application and grant award, including technical review,
97 regular inspections, disbursement approvals, and auditing, to
98 implement this section.
99 (d) The department shall require the termination or
100 repayment of incentive grant funds if the department determines
101 that program requirements are not being met.
102 (5) FUNDING.—Funds appropriated for the Municipal Solid
103 Waste-to-Energy Program must first be used for financial
104 assistance grants. Any funds remaining in a state fiscal year
105 after disbursement to all qualifying applicants may be used to
106 fund the incentive grant program.
107 (6) RULES.—The department shall adopt rules to implement
108 and administer this section, including establishing grant
109 application processes for financial assistance grants and
110 incentive grants. The rules shall include application deadlines
111 and establish the supporting documentation necessary to be
112 provided to the department. In adopting rules relating to the
113 financial assistance grant program, the department shall consult
114 the Public Service Commission. In adopting rules for the
115 incentive grant program, the department shall consult the
116 Department of Environmental Protection.
117 Section 2. (1) For the 2022-2023 fiscal year, the sum of
118 $100 million in recurring funds is appropriated from the General
119 Revenue Fund to the Department of Agriculture and Consumer
120 Services for the Municipal Solid Waste-to-Energy Program, as

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1419 (2022)
Amendment No. 1

121 provided in s. 377.814, Florida Statutes.
122 (2) Notwithstanding s. 216.301, Florida Statutes, and
123 pursuant to s. 216.351, Florida Statutes, funds allocated for
124 the purpose of this section which are not disbursed by June 30
125 of the fiscal year in which the funds are allocated may be
126 carried forward for up to 5 years after the effective date of
127 the original appropriation.
128 Section 3. For the 2022-2023 fiscal year, the sums of
129 $149,832 in recurring funds and $9,984 in nonrecurring funds are
130 appropriated from the General Revenue Fund to the Depart ment of
131 Agriculture and Consumer Services, and two full-time equivalent
132 positions with associated salary rate of 80,540 are authorized,
133 for the purpose of implementing this act.
134 Section 4. This act shall take effect July 1, 2022.
135
136 -----------------------------------------------------
137 T I T L E A M E N D M E N T
138 Remove everything before the enacting clause and insert:

139 An act relating to financial assistance for municipal
140 solid waste-to-energy facilities; creating s. 377.814,
141 F.S.; creating the Municipal Solid Waste-to-Energy
142 Program within the Department of Agriculture and
143 Consumer Services for a specified purpose; defining
144 terms; requiring the department, subject to
145 appropriation, to provide annual financial assistance
146 grants to municipal solid waste-to-energy facilities

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1419 (2022)
Amendment No. 1

147 that meet certain requirements; requiring the
148 department to distribute funds to qualifying
149 applicants based on certain criteria; requiring the
150 department to establish a process to verify the amount
151 of certain electric power purchases; directing the
152 Public Service Commission to provide assistance in
153 verifying grant eligibility; requiring the department,
154 subject to appropriation, to provide incentive grants
155 to municipal solid waste-to-energy facilities to
156 assist with certain costs; specifying requirements for
157 applying for the funding; requiring the Department of
158 Environmental Protection to provide assistance in
159 determining grant eligibility and establishing
160 requirements; requiring the department to perform
161 grant overview; establishing priority for funding for
162 the grants; authorizing the balance of certain
163 unexpended funds to be carried forward for a specified
164 number of years; requiring the Department of
165 Agriculture and Consumer Services to adopt rules;
166 providing appropriations; authorizing positions;
167 providing an effective date.
168
169 WHEREAS, as provided in s. 366.91(1), Florida Statutes, the
170 Legislature has determined that it is in the public interest to
171 promote the development of renewable energy resources in this
172 state, and

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1419 (2022)
Amendment No. 1

173 WHEREAS, under s. 366.91, Florida Statutes, municipal solid
174 waste-to-energy facilities that use biomass as a fuel or energy
175 source are deemed to be producing renewable energy, and
176 WHEREAS, municipal solid waste-to-energy facilities provide
177 a practical and sustainable solution to reducing landfill waste,
178 reducing volume by about 87 percent, and
179 WHEREAS, the Legislature recognizes the benefits that
180 municipal solid waste-to-energy facilities contribute to the
181 state and its local communities, and
182 WHEREAS, the Legislature intends to incentivize the
183 production and sale of energy from municipal solid
184 waste-to-energy facilities through grant programs,
185 NOW, THEREFORE,

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CS / HB 1461
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1461 Reinstatement of Suspended Driver Licenses
SPONSOR(S): Criminal Justice & Public Safety Subcommittee, Driskell
TIED BILLS: IDEN./SIM. BILLS: SB 1638

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Criminal Justice & Public Safety Subcommittee 18 Y, 0 N, As CS Frost Hall

2) Tourism, Infrastructure & Energy Subcommittee Johnson Keating

3) Appropriations Committee

4) Judiciary Committee

SUMMARY ANALYSIS
The Department of Highway Safety and Motor Vehicles (DHSMV) may, at the request of a clerk of court,
suspend or revoke the driver license of a person for certain financial reasons, such as failure to pay court costs
associated with a criminal case or civil penalties for a traffic violation. Upon referral to collections, an
outstanding obligation may also accumulate a collections surcharge of up to 40 percent. A person with a
suspended or revoked driver license cannot drive or obtain motor vehicle insurance, which can inhibit his or
her ability to work and further compound the problem of outstanding financial obligations. While many counties
participate in periodic Operation Green Light events and all counties are required to host Driver License
Reinstatement days for at least one day a year, current law does not require any ongoing program to assist
individuals with reinstating driver licenses which are suspended for outstanding financial obligations.
CS/HB 1461 creates the Drive for Success Pilot Program (Pilot Program) within the Florida Clerks of Court
Operations Corporation (FCCOC) to be administered in at least six counties, selected by the FCCOC. Unlike
current Operation Green Light and Driver License Reinstatement Days events, the Pilot Program is not limited
to a single yearly event but rather is available year-round to those who qualify. The bill requires the
participating clerks of court to:
 Make an effort to contact persons whose driver licenses are suspended for failing to pay court-ordered
financial obligations, including unpaid traffic citations or unpaid court costs, fines, or fees and encourage
such persons to establish with the clerk a partial payment agreement to fulfill the person’s outstanding
financial obligations;
 Test the efficacy of communicating with Pilot Program participants via telephone, text message, email, or
other electronic means to provide notification of payment due dates and missed payments; and
 Establish consequences for failing to make timely payments, including, but not limited to, specifying the
period of time after which a participant’s license may be re-suspended for failing to make payments.
Under the bill, a person is not eligible for the Pilot Program if his or her driver license is suspended or revoked
for enumerated reasons, including failure to pay child support and serious traffic offenses such as driving under
the influence and traffic felonies. The bill does not require a participant to pay a driver license reinstatement fee
to have his or her driver license reinstated and authorizes a participant’s driver license to be reinstated upon
the first payment made under his or her partial payment plan. The bill also requires the participating clerks of
court to provide specified data to the FCCOC who must subsequently provide such information along with
recommendations related to the Pilot Program to the Governor and specified members of the Legislature. The
bill provides that the Pilot Program expires on June 30, 2026, unless otherwise provided by law, but any partial
payment plan established prior to June 30, 2026 remains valid.
The bill may have an indeterminate positive fiscal impact to state and local government revenues ; an
indeterminate, though likely insignificant negative fiscal impact to clerks of court chosen for the Pilot Program;
and a negative indeterminate fiscal impact on DHSMV.
The bill provides an effective date of July 1, 2022.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Florida Driving Privileges and Driver Licenses

Florida requires a person to hold a driver license1 or be exempted from licensure to operate a motor
vehicle on the state’s roadways.2 Exemptions to the licensure requirement include nonresidents who
possess a valid driver license issued by their home states, federal government employees operating a
government vehicle for official business, and people operating a road machine, 3 tractor, or golf cart.4
Both licensed drivers and exempted individuals have a driving privilege in Florida.5

The Department of Highway Safety and Motor Vehicles (DHSMV) can revoke or suspend a driver
license or driving privilege for several driving-related and non-driving-related reasons. Revocation
means a termination of the privilege to drive,6 while suspension means the temporary withdrawal of the
privilege to drive.7 Both revocations and suspensions can be indefinite or for a defined period of time,
but only revocations in certain circumstances can be permanent. 8 As both revocations and suspensions
functionally prohibit a person from driving, the terms are often used interchangeably in statute.

Examples of driving-related bases for suspension or revocation include:
 A conviction for fleeing or attempting to elude a law enforcement officer; 9
 Certain noncriminal traffic infractions, such as those causing death or serious bodily injury; 10
 Driving under the influence (DUI);11
 Habitual traffic offender (HTO) classification;12
 Refusal to submit to a lawful breath, blood, or urine test in a DUI investigation; 13
 Accumulation of points 14 on a driving record; and
 Incompetency to drive a motor vehicle.15

Examples of non-driving-related bases for suspension or revocation include:
 Failure to comply with certain court-imposed obligations;
 Child support delinquency;
 Truancy;
 Adjudication of guilt for certain theft offenses committed by a minor, in lieu of probation;
 Graffiti by a minor; and
 Certain drug convictions.16

1 Driver license means a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle . S.

322.01(17), F.S.
2
S. 322.03(1), F.S.
3 Road machines are road construction equipment. Marrero v. State, 921 So.2d 748, 750 (Fla. 5th DCA 2006).
4 S. 322.04, F.S.
5 State v. Miller, 227 So.3d 562, 564 (Fla. 2017) (“the Legislature’s use of ‘driving privilege’ refers to all individuals who may lawfully

operate vehicles on Florida’s roads, even if they do not possess a Florida driver li cense”).
6
S. 322.01(37), F.S.
7 S. 322.01(41), F.S.
8 Ss. 322.26(1)(a) and 322.26(2), F.S.
9 S. 316.1935(5), F.S.
10 Ss. 318.14, 318.15, and 322.26, F.S.
11 Ss. 322.26, 322.271, and 322.28, F.S.
12 A person is designated HTO after accumulating three or more enumerated traffic convictions or 15 or more other moving violation

convictions within a five-year period. S. 322.264, F.S.
13 S. 322.2615(1)(b), F.S.
14 S. 322.27(3), F.S. There is an established point system for evaluating traffic violations to determine a person’s continuing qualification

to operate a motor vehicle. S. 322.27(3), F.S.
15 S. 322.27(1)(c), F.S.
16 Ss. 318.15, 832.09, 322.245, 322.058, 322.091, 812.0155, 806.13, and 322.055, F.S.

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Suspension for Failure to Meet Court-Imposed Obligations

The clerk of court can notify DHSMV to suspend a license for failing to comply with a court-imposed
obligation, such as a person’s failure to:
 Timely comply with certain civil penalties;
 Enter into or comply with the terms of a penalty payment plan17 with the clerk of court;
 Attend driver improvement school;
 Appear for a court appearance;18
 Pay criminal financial obligations; or
 Pay child support.19

Upon notification from the clerk, the DHSMV provides notice to the individual that his or her license will
be suspended by a specified date if he or she fails to comply with whatever action is necessary to
prevent the suspension. If the person does not timely comply, his or her license is suspended. The
suspension remains in place until he or she is compliant with the court’s requirements for
reinstatement20 or, in the case of criminal financial obligations, the court grants relief from the
suspension,21 and the individual pays all administrative fees and reinstatement fees to the DHSMV. 22
The base fee23 for driver license reinstatement after:24
 General suspension is $45;
 D-625 suspension is $60;
 Court ordered child support suspension is $60;26
 Department of Revenue (DOR) child support suspension is $45; 27 and
 Revocation is $75.

Suspension for Failure to Pay Child Support

When an obligor fails to pay child support, ch. 61, F.S., outlines the procedure for suspending his or her
driver license based on a request by the obligee or DOR, including, but not limited to, notice
requirements and specific deadlines for response. A driver who receives notice of a driver license
suspension for outstanding child support may avoid the suspension by complying with the requirements
of s. 61.13016(1)(c), F.S. For example, the obligor may pay the applicable delinquency fee 28 and: pay
the delinquent amount in full,29 enter into a written agreement for payment with the obligee or DOR, 30
demonstrate that he or she receives Social Security Disability payments, 31 or demonstrate the he or
she is making payments in accordance with a confirmed bankruptcy plan. 32, 33

17 Pursuant to ss. 318.14 or 28.246, F.S.
18
S. 318.15, F.S.
19 S. 322.245, F.S.
20 Such as completing driver improvement school or paying a traffic fine . Ss. 318.15(2) and 322.245(5), F.S.
21 S. 322.245(5)(b), F.S.
22 S. 322.245(5), F.S.
23 Some violations also require paying for and completing certain driver improvement or substance abuse courses and paying addit ional

fees. For example, the administrative fee for a drug or alcohol offense is $130.
24 Department of Highway Safety and Motor Vehicles, Fees, https://www.flhsmv.gov/fees/ (last visited Feb. 8, 2022).
25 A D-6 suspension is a court-ordered suspension for reasons such as failing to: pay a traffic ticket; appear for a traffic summons; or

complete traffic school after electing to do so.
26 Under s. 61.13016, F.S., the driver license and motor vehicle registration of a person owing child support (“obligor”) may be

suspended.
27 In Title IV-D cases, DOR provides child support services within the scope of Title IV-D of the Social Security Act, 42 U.S.C. 651, et

seq. There are two main categories of child support cases in Florida: “Title IV-D case” and non-IV-D cases. A Title IV-D case is a case
or proceeding dealing with only child support matters involving the Florida Department of Revenue (DOR) as the agency responsible for
collecting and enforcing child support.
28 S. 61.13016(1)(c)2., F.S.
29 S. 61.13016(1)(c)1.a., F.S.
30 S. 61.13016(1)(c)1.b., F.S.
31 S. 61.13016(1)(c)1.e., F.S.
32 S. 61.13016(1)(c)1.g., F.S.
33 An obligor may also petition the court for a hardship license, and the court may, in its discretion, direct DHSMV to issue a driver

license for driving privilege restricted to business purposes only. However, the obligor mus t to enter into a specified payment plan or
schedule before the court can consider granting a hardship license . S. 61.13016(2)(a), F.S.
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Payment Plans, Community Service Options, and Collections Process

Court costs, fees, and other fines related to a court disposition are enforced by court order and
collected by the clerks of court. A person may apply to the clerk of court to enter into a payment plan if
the person is indigent.34 The clerk of court must establish all terms of a payment plan, and is required to
accept partial payment of court-related fees, service charges, costs, or fines in accordance with the
terms of an established payment plan. The court may review the reasonableness of the payment plan.
An individual who is released from incarceration and has outstanding court obligations is responsible
for contacting the clerk within 30 days after his or her release to pay any fees, service charges, court
costs, and fines in full, or to apply for enrollment in a payment plan. 35

A monthly payment amount, calculated based upon all fees and all anticipated fees, service charges,
court costs, and fines, must correspond to a person’s ability to pay. 36 The court may convert a statutory
financial obligation in a criminal case or a noncriminal traffic infraction into a requirement to perform
community service.37

The clerk of court must pursue the collection of any financial obligations that remain unpaid after 90
days by referring the account to a private attorney or collection agent. The clerk must have attempted to
collect the unpaid obligation through a collection court, collections docket, or any other collections
process prior to referring the account for collection, find the referral to be cost-effective, and follow any
applicable procurement processes. A collection fee of up to 40 percent of the amount owed at the time
the account is referred may be added to the outstanding balance. 38

Hardship License

Upon the request of a person whose driver license is suspended, cancelled, or revoked under ch. 322,
F.S., DHSMV must provide a hearing within 30 days 39 wherein the person may show that such
suspension, cancellation, or revocation causes a serious hardship and precludes him or her from
carrying out his or her normal business occupation, trade, or employment, that the person's driver
license is used in the normal course of his or her business, and a driver license is necessary to provide
proper support of the person or his or her family. In addition to requesting a hearing, the driver must
also complete the applicable driver training course and evaluation or DUI program substance abuse
education course and evaluation, if applicable.40 Following such a hearing, DHSMV must either affirm,
suspend, or modify the suspension, cancellation, or revocation and may do so by granting what is
commonly referred to as a “hardship license,” meaning the person’s driving privilege is restored on a
limited basis for business or employment41 use only.42

The costs associated with obtaining a hardship license include:
 A $12 hardship hearing filing fee;43
 Any cost associated with the required driver improvement school (currently $63) or DUI
education course (currently $280 for a first time DUI);
34 A person is considered indigent if he or she has an income equal to or below 200 percent of the federal poverty guidel ines, or is

receiving: Temporary Assistance for Needy Families -Cash Assistance; Poverty-related veterans' benefits; or Supplemental Security
Income. S. 27.52, F.S.
35 S. 28.246, F.S.
36 A monthly payment amount is presumed to correspond to the person’s ability to pay if the amount does not exceed 2 percent of the

person’s annual net income, divided by 12. S. 28.246(4), F.S.
37
Ss. 938.30(2) and 318.18(8)(b)1.a., F.S. The hourly conversion rate for community service is equal to the federal minimum wage,
unless the person has a trade or profession for which there is a community service need, in which case the rate is the prevailing wa ge
rate for that trade or profession. S. 318.18(8)(b), F.S.
38 S. 28.246(6), F.S.
39 Except a person whose driver license is revoked as an HTO under s. 322.27(5), F.S., or a person who is ineligible to be granted the

privilege of driving on a limited or restricted basis under s. 322.271(2), F.S., must wait 12 months from the date of the revocation.
40 S. 322.271(2), F.S.
41 “A driving privilege restricted to business purposes only” means a driving privilege that is limited to any driving necessary to maintain

livelihood, including driving to and from work, necessary on -the-job driving, driving for educational purposes, and driving for church and
for medical purposes. “A driving privilege restricted to employment purposes only” means a driving privilege that is limited to driving to
and from work and any necessary on-the-job driving required by an employer or occupation.
42 S. 322.271(3), F.S.
43 Or $25 formal/informal review hearing fee, pursuant to s. 322.2615, F.S.

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 Any associated administrative fees (such as the $130 administrative fee for drug or alcohol
offenses); and
 Any reinstatement fees associated with the person’s particular type of suspension, cancellation,
or revocation. These fees are paid prior to a person receiving his or her hardship license and
are not required to be paid again for the same sanctions when his or her revocation or
suspension period has ended and he or she is ready to apply for reinstatement of his or her
unrestricted driver license.44

Driver License Reinstatement Clinics

A person with a suspended or revoked driver license cannot drive or obtain motor vehicle insurance,
which can inhibit his or her ability to work and further compound the problem of outstanding financial
obligations. Several counties have held events to assist individuals whose driver licenses are
suspended for financial reasons related to civil penalties or criminal financial obligations.

Operation Green Light

Clerks of Court throughout the state may participate in a short-term event known as Operation Green
Light to help residents pay outstanding court fees, tickets and other fines, and have their driver licenses
reinstated. For example, in October 2019, 64 counties throughout the state participated in Operation
Green Light events, resulting in: $2.7 million collected for the state, local governments, and clerks of
court; 22,502 cases placed on a payment plan; 10,264 cases paid in full; 9,849 driver licenses made
eligible for reinstatement; and 1,782 driver licenses reinstated.45

Driver License Reinstatement Days

In 2019, the Legislature required the Clerk of Court in each judicial circuit to work collaboratively with
DHSMV, the state attorney’s office, the public defender’s office, the circuit and county courts, the clerk
of court, and any interested community organization, to hold a yearly event to assist drivers with the
reinstatement of suspended driver licenses.46 The program must occur at least once a year, and clerks
are encouraged to offer the event outside of regular business hours or on a weekend. Participants must
pay the full license reinstatement fee; however, the clerk may compromise or waive other fees and
costs to facilitate reinstatement.

A person is eligible for the Driver License Reinstatement Days program if his or her driver license or
driving privilege was suspended for:
 Driving without a valid license;
 Driving with a suspended license;
 Failing to make a payment on penalties in collection;
 Failing to appear in court for a traffic violation; or
 Failing to comply with directives for a traffic infraction or driver license offense.

A person is not eligible for reinstatement under the program if his or her driver license or driving
privilege is suspended or revoked:
 Because the person failed to fulfill a court-ordered child support obligation;
 For DUI;
 Because the person has not completed a required driver training program, driver improvement
course, or alcohol or substance abuse education or evaluation program;
 For a traffic-related felony; or
 Because the person is a habitual traffic offender.

44 Email from Rachel Jarriel, Legislative Liaison, FLHSMV Office of Legislative Affairs, Re: SL Suspension Data Collection (Sept . 13,

2021).
45 Facts About Your Clerk of Court’s Operation Green Light,

https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/2019operationgreenlight/ogl_posteventh andout-1206201.pdf (last visited
Feb. 8, 2022).
46 Ch. 2019-167, Laws of Fla.; S. 322.75, F.S.

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While both Operation Green Light and Driver License Reinstatement Days provide short term
opportunities for a person to have his or her driver license reinstated with lowered fees and the
opportunity to establish a payment plan, current law does not provide for any such program year-round.

Effect of Proposed Changes

CS/HB 1461 creates the Drive for Success Pilot Program (Pilot Program) within the Florida Clerks of
Court Operations Corporation (FCCOC) to be administered in at least six counties, selected by the
FCCOC. Unlike current Operation Green Light and Driver License Reinstatement Days events, the Pilot
Program is not limited to a single yearly event but rather is available year-round to those who qualify.
The bill requires the participating clerks of court to:
 Make an effort to contact persons whose driver licenses are suspended for failing to pay court-
ordered financial obligations, including unpaid traffic citations or unpaid court costs, fines , or
fees and encourage such persons to establish with the clerk a partial payment agreement to
fulfill the person’s outstanding financial obligations;
 Test, at a minimum, the efficacy of communicating with Pilot Program participants via
telephone, text message, email, or other electronic means to provide notification of payment
due dates and missed payments; and
 Establish consequences for failing to make timely payments, including, but not limited to,
specifying the period of time after which a participant’s license may be re-suspended for failing
to make payments.
The bill authorizes each clerk of court participating in the Pilot Program to collaborate with the Florida
Association of Court Clerks and Comptrollers to promote and develop communications regarding the
pilot program.

Under the bill, a person is not eligible for the Pilot Program if his or her driver license is suspended or
revoked for:
 Failing to fulfill a court-ordered child support obligation;
 A DUI offense;
 Failing to complete a required driver training program, driver improvement course, or alcohol or
substance abuse education or evaluation program;
 A traffic-related felony; or
 Being designated as a habitual traffic offender.

The bill does not require a participant to pay a driver license reinstatement fee to have his or her
license reinstated and authorizes a participant’s driver license to be reinstated upon the first payment
made under his or her partial payment plan.

The bill requires each clerk of court participating in the Pilot Program to submit, by December 31, 2024,
a report to the FCCOC including the following information:
 The number of cases paid in full.
 The number of cases for which a partial payment agreement is established.
 The number of driver license reinstatements.
 The number of driver licenses made eligible for reinstatement.
 The amount of fees and costs collected during the three years preceding the administration of
the Pilot Program and throughout the duration of the Pilot Program.
 The personnel, operating, security, and other expenditures incurred by the clerk of court.
 The number of cases that fail to comply with a partial payment plan and subsequently result in
driver license suspension.

By February 28, 2025, the FCCOC must compile the reports provided from each clerk of court
participating in the Pilot Program and submit the reported information, along with a list of the FCCOC’s
findings and recommendations regarding the Pilot Program, to the Governor, the President of the
Senate, the Speaker of the House of Representatives, and the minority leaders of the Senate and the
House of Representatives.

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The bill provides that the Pilot Program expires on June 30, 2026, unless otherwise provided by law,
but provides that any partial payment plan established prior to June 30, 2026, remains valid even if the
Pilot Program expires by operation of law.

The bill provides an effective date of July 1, 2022.

B. SECTION DIRECTORY:
Section 1: Creates s. 322.755, F.S., relating to Drive for Success Pilot Program.
Section 2: Provides an effective date of July 1, 2022.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill may have an indeterminate, positive impact to state revenues. For driver license
suspensions, individuals must pay a $45 fee, of which $15 is deposited into the General Revenue
Fund and $30 into the Highway Safety Operating Trust Fund when the reinstatement is performed
by DHSMV. For driver license revocations, individuals must pay a $75 fee, of which $35 is
deposited into the General Revenue Fund and $40 into the Highway Safety Operating Trust Fund
when the reinstatement is performed by DHSMV. It is unknown how many individuals will take
advantage of the Pilot Program who would not otherwise pay to have their licenses reinstated
during the same fiscal year; therefore, the positive fiscal impact to state revenues is indeterminate.
Additionally, to the extent that additional court fees are collected for reinstatements, there may be
an indeterminate, positive fiscal impact to the State Attorney Trust Fund, Indigent Criminal Defense
Trust Fund, and the State Courts Revenue Trust Fund.

2. Expenditures:
The bill may have a negative indeterminate fiscal impact on DHSMV by authorizing a Pilot Program
participant’s license to be reinstated without paying a reinstatement fee.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill may assist the clerks in recouping outstanding court costs and fees not otherwise
recoverable.

2. Expenditures:
The bill will require additional work for clerks of court in the six counties implementing the Pilot
Program, however, any additional expenditures required to complete the extra work will likely be
insignificant, particularly in light of the potential for recouping outstanding obligations from persons
with suspended driver licenses.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may allow individuals with financially-based driver license revocations or suspensions to
reinstate their licenses, purchase motor vehicle insurance, and travel to work, which may have an
overall positive financial impact for such individuals.

D. FISCAL COMMENTS:
None.

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III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The county/municipal mandates provision of Art. VII, section 18, of the Florida
Constitution may apply because this bill requires six counties to participate in the Pilot Program.
However, an exception may apply because funding the Pilot Program will likely have an insignificant
impact, particularly in light of the potential for recouping outstanding obligations from persons with
suspended driver licenses.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
Not applicable.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 8, 2022, the Criminal Justice & Public Safety Subcommittee adopted a strike-all amendment
and reported the bill favorably as a committee substitute. The amendment made the following changes to
the bill:
 Renamed the Pilot Program the “Drive for Success Pilot Program.”
 Created the program within the FCCOC to be administered in at least six counties, selected by the
FCCOC.
 Required the participating clerks of court to:
o Contact persons whose driver licenses are suspended rather than requiring such persons to
contact the clerk;
o Test, at a minimum, the efficacy of communicating with Pilot Program participants via
telephone, text message, e-mail, or other electronic means to notify participants of payment
due dates and missed payments; and
o Establish consequences for participants who fail to make timely payments, including, but not
limited to, specifying the period of time after which a participant’s license may be re-
suspended for failing to make payments.
 Did not require a participant to pay a driver license reinstatement fee to have his or her license
reinstated.
 Required the participating clerks of court to report specified data to the FCCOC and required the
FCCOC to subsequently provide such information, along with recommendations regarding the Pilot
Program, to the Governor and specified members of the Legislature.
 Provided that the Pilot Program expires on June 30, 2026.

This analysis is drafted to the committee substitute as approved by the Criminal Justice & Public Safety
Subcommittee.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 1461 2022

1 A bill to be entitled
2 An act relating to reinstatement of suspended driver
3 licenses; creating s. 322.755, F.S.; creating the
4 Drive for Success Pilot Program within the Florida
5 Clerks of Court Operations Corporation to assist
6 certain persons in reinstating suspended driver
7 licenses; requiring administration of the program by
8 clerks of court in certain counties; authorizing
9 collaboration with the Florida Association of Court
10 Clerks and Comptrollers for certain purposes;
11 providing duties of the clerks of court; prohibiting
12 eligibility under certain circumstances; requiring
13 reinstatement of a participant's driving privilege
14 under certain circumstances; requiring the clerks of
15 court to submit reports to the Florida Clerks of Court
16 Operations Corporation; requiring the Florida Clerks
17 of Court Operations Corporation to submit a report to
18 the Governor and Legislature; providing for expiration
19 of the pilot program on a certain date; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 322.755, Florida Statutes, is created
25 to read:

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26 322.755 Drive for Success Pilot Program.—
27 (1) There is created within the Florida Clerks of Court
28 Operations Corporation the Drive for Success Pilot Program. The
29 purpose of the pilot program is to assist persons whose driver
30 licenses have been suspended, and who have unpaid traffic
31 citations or unpaid court costs, fines, or fees, in reinstating
32 their driver licenses.
33 (2) The Drive for Success Pilot Program shall be
34 administered by the clerks of court in at least six counties
35 selected by the Florida Clerks of Court Operations Corporation.
36 Each clerk of court may collaborate with the Florida Associat ion
37 of Court Clerks and Comptrollers to promote and develop
38 communications regarding the pilot program.
39 (3) Each clerk of court participating in the pilot program
40 must make an effort to contact persons whose driver licenses are
41 suspended for failure to pay court-ordered financial
42 obligations, including unpaid traffic citations or unpaid court
43 costs, fines, or fees, and encourage such persons to establish a
44 partial payment agreement for the fulfillment of such
45 obligations under the pilot program.
46 (4) A person is not eligible for driver license
47 reinstatement under the pilot program if his or her driver
48 license is suspended or revoked due to:
49 (a) Failure to fulfill a court-ordered child support
50 obligation;

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51 (b) A violation of s. 316.193;
52 (c) Failure to complete a driver training program, driver
53 improvement course, or alcohol or substance abuse education or
54 evaluation program required under s. 316.192, s. 316.193, s.
55 322.2616, or s. 322.271;
56 (d) A traffic-related felony; or
57 (e) Designation as a habitual traffic offender under s.
58 322.264.
59 (5) For each person who consents to participate in the
60 pilot program and establishes a partial payment agreement, the
61 clerk of court must:
62 (a) Test, at a minimum, the efficacy of communicating with
63 the person via telephone, text message, e-mail, or other
64 electronic means to notify the person of a payment's due date in
65 advance and, if necessary thereafter, to notify the person of a
66 missed payment; and
67 (b) Establish consequences for failing to make timely
68 payments under the partial payment agreement, including, but not
69 limited to, specifying the period of time after which his or her
70 license may be suspended for failing to make a payment.
71 (6) Upon submission of the first payment in a partial
72 payment agreement to the clerk of court, the clerk shall release
73 the suspension of the person's driver license in the department
74 database, or shall issue a written release for the person to
75 present to the department or an authorized agent of the

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76 department, after which the person's driving privilege shall be
77 reinstated.
78 (7)(a) By December 31, 2024, each clerk of court
79 participating in the pilot program shall submit a report to the
80 Florida Clerks of Court Operations Corporation that includes:
81 1. The number of cases paid in full.
82 2. The number of cases for which a partial payment
83 agreement is established.
84 3. The number of driver license reinstatements.
85 4. The number of driver licenses made eligible for
86 reinstatement.
87 5. The amount of fees and costs collected during the 3
88 years preceding administration of the pilot program and
89 throughout the duration of the pilot program.
90 6. The personnel, operating, security, and other
91 expenditures incurred by the clerk of court.
92 7. The number of cases that fail to comply with a partial
93 payment agreement and subsequently result in driver license
94 suspension.
95 (b) By February 28, 2025, the Florida Clerks of Court
96 Operations Corporation shall compile the reports received under
97 paragraph (a) and submit such reports, along with a list of its
98 findings and recommendations regarding the pilot program, to the
99 Governor, the President of the Senate, the Speaker of the House
100 of Representatives, and the minority leaders of the Senate and

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hb1461-01-c1
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 1461 2022

101 the House of Representatives.
102 (8) The Drive for Success Pilot Program shall expire on
103 June 30, 2026, unless otherwise provided by law. The expiration
104 of the pilot program shall not affect the validity of a partial
105 payment agreement established before June 30, 2026.
106 Section 2. This act shall take effect July 1, 2022.

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hb1461-01-c1
PCS fo r HB 737
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 737 Electric Vehicle Transportation Electrification Plan
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Tourism, Infrastructure & Energy Johnson Keating
Subcommittee

SUMMARY ANALYSIS

In Florida, the Public Service Commission (PSC) regulates the rates, terms, and conditions of retail electric
service provided by investor-owned electric utilities (IOUs), including electric vehicle (EV) charging
incorporated into an IOU’s rate base. A non-utility providing EV charging to the public is not considered the
retail sale of electricity and is not subject to PSC regulation. These non-utility EV charging providers pay the
commercial electricity rate of the local electric utility.

The bill requires the PSC to adopt rules for an EV transportation electrification plan to facilitate the deployment
of EV charging infrastructure in a competitively neutral manner. These rules must be proposed by January 1,
2023, and adopted by January 1, 2024. The PSC’s rules must:
 Promote investment in publicly available EV charging stations in a competitively neutral manner
prioritizing and encouraging private investment in and private ownership and operation of EV
charging infrastructure.
 Establish policies that stimulate innovation, competition, private investment, and customer choice in
EV charging infrastructure.
 Establish mechanisms which support the efficient and cost-effective use of the electric grid in a
manner that supports EV charging infrastructure.
 Establish incentives that support private investment in EV charging equipment.
 Establish policies on a prospective basis, prohibiting IOUs from using rate base investment in the
ownership and operation of EV charging stations and limit cost recovery to distribution level
infrastructure on the utility side of the meter.
 Stimulate fair and reasonable electricity pricing through IOUs’ tariffs which promote the widespread
offering of EV charging.

The bill authorizes an entity that provides EV charging stations to the public to intervene and participate in any
PSC proceeding involving rates, terms, or conditions of service for EV charging to be offered to the public.

The bill does not prohibit an IOU from providing EV charging stations directly to the public through a separate,
unregulated entity on the same terms and conditions as any other provider of EV charging stations.

The bill does not appear to impact state or local government revenues or expenditures.

The bill has an effective date of July 1, 2022.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0737.TIE
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Electric Vehicles

Electric vehicles (EVs)1 offer higher fuel efficiency and improved air quality compared to vehicles with
internal combustion engines.2 Increased interest in EVs is driven by higher gas prices and greenhouse
gas emission concerns.3 However, limited EV range, limited charging infrastructure, and range anxiety4
have deterred many drivers from considering EVs.5 As advancements in EV technology continue, EV
manufacturing increases, and EV prices become more accessible, representatives in both government
and the private sector suggest that successful adoption of EV use is heavily dependent on the
accessibility of charging stations.6

The U.S. Department of Energy’s Alternative Fuels Data Center uses the term “electric-drive vehicles”
to collectively refer to the following:
 Hybrid electric vehicles powered by an internal combustion engine that runs on conventional or
alternative fuel and an electric motor using energy stored in a battery. The battery is charged
through regenerative braking and the internal combustion engine, not by plugging in to charge.
 Plug-in hybrid electric vehicles powered by an internal combustion engine and an electric motor
using energy stored in a battery. These vehicles can operate in all-electric mode through a
larger battery, which can be plugged in to an electric power source to charge.
 All-electric vehicles use a battery to store the electric energy that is charged by plugging the
vehicle into charging equipment. EVs always operate in all-electric mode and have typical
driving ranges from 150 to 300 miles.7

EV Charging Equipment

EVs are becoming increasingly popular in the United States, prompting a focus on the installation of
electric vehicle charging infrastructure. Electric vehicle charging stations have EV supply equipment
(EVSE) capable of charging an EV’s battery.8 Charging station site hosts may provide such stations
free of charge or collect revenue for electric vehicle charging through subscription, pay-per-charge, or
pay-for-parking systems.9

EV charging equipment is classified based on the rate of charge.10 Charging times vary, depending on
the depletion level of the battery, how much energy the battery holds, the type of battery, and the type
of supply equipment.11 Charging times can range from less than 20 minutes to more than 20 hours.12
Potential driving distance ranges from:

1
Section 320.01(36), F.S., defines the term “electric vehicle” to mean a motor vehicle that is powered by an electric motor th at draws
current from rechargeable storage batteries, fuel cells, or other sources of electrical current.
2 Federal Highway Administration (FHWA), FHWA NHTS Brief, Electric Vehicle Feasib ility, July 2016, p. 1, available at

http://nhts.ornl.gov/briefs/EVFeasibility20160701.pdf (last visited Feb. 4, 2022).
3 Id.
4
Range anxiety is the feeling an EV driver has when the battery charge i s low and the usual sources of electricity are unavailable,
striking a fear of being stranded. J.D. Power, What is Range Anxiety with Electric Vehicles? https://www.jdpower.com/cars/shopping-
guides/what-is-range-anxiety-with-electric-vehicles (last visited Feb. 4, 2022).
5 FHWA, supra note 2, at 1-2.
6 Id.
7 U.S. Dept. Energy, Alternative Fuels Data Center, Hyb rid and Plug-In Electric Vehicles, https://afdc.energy.gov/vehicles/electric.html

(last visited Feb. 8, 2022).
8 See U.S. Dept. Energy, Plug-In Electric Vehicle Handb ook for Pub lic Charging Station Hosts (April 2012), availab le at

https://www.afdc.energy.gov/pdfs/51227.pdf (last visited Feb.11, 2022).
9 Id.at p. 9.
10 U.S. Dept. Energy, AFDC, Developing Infrastructure to Charge Plug-In Electric Vehicles,

https://afdc.energy.gov/fuels/electricity_infrastructure.html (last visited Feb. 11, 2022).
11 Id.

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 Two to five miles of range per one hour of charging for Level 1 supply equipment;
 Ten to twenty miles per one hour of charging for Level 2 supply equipment; and
 Sixty to eighty miles per twenty minutes of charging for direct-charge fast-charge (DCFC) supply
equipment.13

For most drivers, charging occurs overnight at home, using Level 1 or AC Level 2 charging
equipment.14

Level 1 Charging

Level 1, typically at-home charging, through a power cord which comes as standard equipment on new
EVs, only requires a standard 120-volt outlet, so no additional equipment is required.15 This can add
about 40 miles of range in an eight hour overnight charge for a mid-size EV.16 Typically, Level 1
charging is used when only a 120 volt-outlet is available, but can easily be enough to supply a typical
driver’s needs.17 As of 2020, fewer than 5 percent of public EV charging ports in the United States were
Level 1.18

Level 2 Charging

Level 2, typically home and public charging, commonly requires a charging unit on a 240-volt circuit,
such as one used for home appliances like a clothes dryer. 19The charging rate depends on the rate at
which a vehicle can accept a charge and the maximum current available. 20 This method may require
purchasing an at-home charging unit and modifications to a home electric system, but charges from
two to eight times faster than a Level 1.21 These chargers are most common at public charging places
like offices, grocery stores, and parking garages.22 As of January 2022, nearly 80 percent of all public
EV charging ports in the United States were Level 2.23

Direct Charge Fast Chargers (DCFC)

DCFC, typically public charging, allows for rapid charging along heavy traffic corridors. 24 DCFCs are
best used for longer travel distances, vehicles heavily used throughout the day like taxis, and for drivers
with limited access to at-home charging, such as multi-unit renters.25 As of January 2020, over 18
percent of all public EV charging ports in the United States were DCFC.26 There are three types of
DCFC systems, depending on the type of charge port on the vehicle:
 SAE Combined Charging System, allowing a driver to use the same charge port when charging
with Level 1, Level 2, or DCFC.
 The CHAdeMO connector, which is the most common.

12 Id.
13
Id.
14 U.S. Dept. Energy, AFDC, Charging Plug-In Electric Vehicles at Home, https://afdc.energy.gov/fuels/electricity_charging_home.html

(last visited Jan 13, 2022).
15 AFDC, Developing Infrastructure to Charge Plug-In Electric Vehicles, supra note. 10.
16 Id.
17
Id.
18 Id.
19 Id.
20 Union of Concerned Scientists, Electric Vehicle Charging, Types, Time, Cost and Savings (March 2018) available at

https://www.ucsusa.org/resources/electric-vehicle-charging-types-time-cost-and-savings (last visited Feb. 11, 2022).
21 Id.
22 Id.
23 See U.S. Dept. of Energy, Alternative Fueling Station Counts b y State, https://www.afdc.energy.gov/fuels/stations_counts.html (last

visited Feb.11, 2022).
24 AFDC, Developing Infrastructure to Charge Plug-In Electric Vehicles, supra n. 10.
25 Union of Concerned Scientists, Electric Vehicle Charging, Types, Time, Cost and Savings, https://www.ucsusa.org/resources/electric-

vehicle-charging-types-time-cost-and-savings (last visited Feb. 11, 2022).
26 See U.S. Dept, Energy, Alternative Fueling Station Counts b y State, supra n. 24.

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 Tesla, which is a unique, proprietary connector that works for all Tesla charging levels, including
their fast charging option, called Supercharge. Tesla does not have a CHAdeMO port, but Tesla
sells an adapter.27

EV Charging in Florida

In Florida, investor-owned electric utilities (IOUs) serve exclusive territories and the Public Service
Commission (PSC) has broad regulatory authority over rate setting, bulk power grid planning, safety
inspection, and service reliability. IOU rates are set based upon the cost of service. However, the PSC
does not regulate the rates or service quality for municipal electric utilities or rural electric
cooperatives.28

Under Florida law, the third-party sale of electricity to a retail customer is not permitted.29 In 2012, the
Legislature created an exemption for EV charging by declaring that the provision of EV charging to the
public by a non-utility is not considered a retail sale of electricity. Therefore, the rates, terms, and
conditions of EV charging by a non-utility are not subject to PSC regulation.30

In 2020,31 the Legislature required the Department of Transportation (DOT) to coordinate, develop and
recommend a Master Plan for the development of EV charging infrastructure along the State Highway
System. DOT, in consultation with the Florida Department of Environmental Protection, the PSC, and
other state agencies, developed the EV Master Plan (EVMP) with extensive public engagement. 32 The
stated goals of the EVMP were to:
 Support both short-range and long-range electric vehicle travel;
 Encourage the expansion of electric vehicle use in the state; and
 Adequately serve evacuation routes in the state.

In July 2021, the EVMP was delivered, providing a comprehensive course of action to efficiently and
effectively provide for EV charging infrastructure.33 The EVMP discusses:
 Benefits of electrified mobility;
 Barriers to adoption and industry trends;
 Installation considerations;
 Fleet considerations and future advancements;
 Utility regulatory considerations;34
 Strategies to develop charging supply;
 EV market adoption;
 Impacts to transportation funding;
 Resiliency and emergency evacuations;
 Identification of potential new EVSE locations;
 EV infrastructure on the state highway system; and
 Recommendations.

EV Charging Infrastructure Provided by IOUs

The PSC has approved EV charging programs for three of the four IOUs under its jurisdiction.35

Tampa Electric Company

27 AFDC, Developing Infrastructure to Charge Plug-In Electric Vehicles, supra n. 12.
28 Id at 15.
29 Id at 16.
30 Ch. 2012-119, Laws of Fla.; S. 366.94(1), F.S.
31 Ch. 2020-21, Laws of Fla.
32 Id.
33 Id.
34 Pages 15-22 of the EVMP discuss utility regulatory considerations.
35 Public Service Commission (PSC) Agency Analysis of 2022 House Bill 737, p.1. (Dec.15, 2021).

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On April 1, 2021, the PSC approved Tampa Electric Company’s (TECO) EV charging pilot program.
Under its pilot program, TECO will spend up to $2 million to purchase, install, own, and maintain 200
EV charging stations. TECO will pay up to $5,000 per Level 2 charger towards the cost of installation at
workplaces, public/retail establishments, and multi-unit dwellings, and the full cost of installation for
income-qualified sites and government locations. TECO also plans to install four DCFCs. TECO
anticipated it would take approximately 12 months to complete deployment of the EV charging stations,
after which the pilot program will run for four years. The PSC authorized TECO to begin recovery of the
cost of its pilot program in its rate base.36

Florida Power & Light

In 2019, Florida Power & Light Company (FPL)37 began a three-year pilot program, known as
EVolution, which targeted the installation of 1,000 EV charging ports. The program’s primary objective
was to gather information prior to mass EV adoption to better plan for and design FPL’s EV charging
investments. In 2020, the PSC approved a new FPL tariff with specific EV charging rates for both utility-
owned and non-utility owned charging stations. The PSC required FPL to submit annual reports.38

During its 2021 rate case, FPL reached a settlement agreement with other parties to the rate case. The
settlement expanded FPL’s current EV charging pilot program to include the following: a public fast
charging program, a residential EV charging services pilot, a commercial EV charging services pilot,
new technologies and software, and education and awareness. On October 26, 2021, the PSC
approved FPL’s expanded EV pilot programs as a component of the rate case settlement agreement.
The total investment is forecast to be $175 million over the four-year period of 2022-2025. Under the
terms of the settlement agreement, FPL may include the costs associated with the EV programs in rate
base and recover the costs through base rates.39

Duke Energy Florida

In 2017, as part of a settlement agreement in Duke Energy Florida’s (DEF) rate case, the PSC
approved a five-year EV charging pilot program authorizing DEF to invest $8 million to install and own a
minimum of 530 charging ports.40

In 2021, as part of a subsequent DEF rate case, the PSC approved a new settlement agreement that
created a permanent EV charging station program. DEF forecasted a cost of $62.9 million over the
four-year period of 2022-2025. Under the permanent EV charging program, DEF plans to implement a
residential EV time-of use credit program for off-peak charging, a rebate program for commercial and
industrial customer charging stations, and a DEF-owned DCFC program. The DCFC program will allow
DEF to install an additional 100 utility-owned DCFC stations and includes a new tariff for a Fast Charge
Fee that will be collected from EV drivers using DEF-owned DCFC stations. Reasonable costs of the
programs will be included in DEF’s rate base and recovered through its base rates.41

Public EV Charging Provided by Non-Utilities

As previously stated, the provision of EV charging to the public by a non-utility is not considered a retail
sale of electricity and is not regulated by the PSC. However, entities offering EV charging to the public
must pay the electric utility for the electricity. EV charging providers typically pay rates as commercial
customers.

Intervention in PSC Proceedings

36 Id.
37 FPL acquired Gulf Power in 2019. These IOUs merged for ratemaking purposes as of January 3, 2022.
38 PSC supra note 36 at 1-2.
39 Id. at 1-2.
40 Id. at 2.
41 Id. at 2.

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Pursuant to Rule 28-106.205, F.A.C.,42 persons, other than the original parties to a pending
proceeding, who have a substantial interest in the proceeding and who desire to become parties may
move for leave to intervene in a PSC proceeding. Motions for leave to intervene must include
allegations sufficient to demonstrate that the intervenor is entitled to participate in the proceeding as a
matter of constitutional or statutory right or pursuant to PSC rule, or that the intervenor’s substantial
interests are subject to determination or will be affected through the proceeding. 43

To have standing in a PSC proceeding, an intervenor must meet a two-prong standing test. The
intervenor must show that it will suffer injury in fact which is of sufficient immediacy to entitle it to a
formal administrative hearing, and that the substantial injury is of a type or nature which the proceeding
is designed to protect.44,45

Effect of the Bill

The bill requires the PSC to adopt rules for an EV transportation electrification plan that facilitates the
deployment of EV charging infrastructure in a competitively neutral manner. The PSC must propose its
rules by January 1, 2023, with final adoption by January 1, 2024. The PSC’s rules must:
 Promote investment in publicly available Level 2 and DCFC stations in a competitively neutral
manner prioritizing and encouraging private investment in and private ownership and operation
of EV charging infrastructure.
 Establish policies stimulating innovation, competition, private investment, and customer choice
in EV charging infrastructure, including equipment and networks.
 Establish mechanisms, including incentives, supporting the efficient and cost-effective use of
the electric grid in a manner that supports EV charging infrastructure.
 Establish incentives supporting private investment in charging equipment.
 Establish policies, to be applied on a prospective basis, prohibiting IOUs from using rate base
investment in owning and operating of EV new charging stations and limiting public utility cost
recovery to distribution level infrastructure on the utility side of the meter.
 Stimulate fair and reasonable electricity pricing through IOUs’ tariffs promoting the widespread
offering of EV charging.

The bill provides that, an entity that provides EV charging stations to the public may intervene and
participate in any IOU’s ratemaking proceeding or any other PSC proceeding involving rates, terms, or
conditions of service, including the rate structure paid by or proposed to be paid by customers for EV
charging to be offered to the public.

The bill does not prohibit an IOU from providing new EV charging stations directly to the public through
a separate, unregulated entity on the same terms and conditions as any other provider of EV charging
stations.

The bill has an effective date of July 1, 2022.

B. SECTION DIRECTORY:
Section 1 Creates s. 366.945, F.S., relating to an electric vehicle transportation electrification plan.

Section 2 Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

42 Rule 28-106, F.A.C., relates to decisions determining substantial interests.
43 PSC Order No. PSC-2021-0189-PCO-EI, in Docket No. 20210015, May 26, 2021. available at

https://www.floridapsc.com/library/filings/2021/04266-2021/04266-2021.pdf (last visited Feb. 9, 2022).
44 Agrico Chemical Company v. Department of Environmental Regulation. 406 So. 2d 478, 482 (Fla. 2d DCA 1981).
45 PSC supra note 36

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1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may reduce costs to some EV charging station owners.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to impact county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill requires the PSC to adopt rules for an EV transportation electrification plan meeting specified
requirements. These rules must be proposed by January 1, 2023, and adopted by January 1, 2024.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The PSC asserts that neither current law, nor the bill, give it jurisdiction over non-utilities that provide
EV charging. It is not clear as to whether the PSC, through rulemaking, could prioritize and encourage
private investment, or stimulate competition and customer choice in the EV charging market since such
functions are outside of its statutory jurisdiction.46

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.

46 PSC supra note 36 at 2.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

PCS for HB 737 2022

1 A bill to be entitled
2 An act relating to an electric vehicle transportation
3 electrification plan; creating s. 366.945, F.S.;
4 requiring the Public Service Commission to adopt rules
5 for an electric vehicle transportation electrification
6 plan that meet certain requirements; providing
7 timeframes for the commission to propose the plan's
8 rules and for final rule adoption; authorizing
9 entities that provide electric vehicle charging
10 stations to the public to intervene and participate in
11 certain commission proceedings involving rates, terms,
12 or conditions of service for offering electric vehicle
13 charging to the public; providing construction;
14 providing an effective date.
15
16 WHEREAS, the Legislature finds that the promotion and
17 development of electric vehicle infrastructure in this state
18 through competitively neutral policies for investor -owned
19 electric utility rates, terms, and conditions for electric
20 vehicle charging stations is in the public interest, and
21 WHEREAS, widespread deployment of electric vehicle charging
22 stations is consistent with the public policy of this state, and
23 WHEREAS, the expanded use of electric vehicles provides
24 this state with increased energy security and health and
25 environmental benefits by reducing the consumption of fossil

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26 fuels and street-level air pollutants, carbon dioxide, and
27 nitrogen oxides, and
28 WHEREAS, electric vehicle charging station infrastructure
29 has the potential to lessen climate impacts, expand
30 infrastructure investment, improve environmental and economic
31 conditions, and help make this state a leader in new and
32 innovative technologies, NOW, THEREFORE,
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Section 366.945, Florida Statutes, is created
36 to read:
37 366.945 Electric vehicle transportation electrification
38 plan.—
39 (1) The commission shall adopt rules for an electric
40 vehicle transportation electrification plan that facilitates the
41 deployment of electric vehicle charging infrastructure in a
42 competitively neutral manner.
43 (a) The rules must:
44 1. Promote investment in publicly available Level 2 and
45 direct-current, fast-charging stations in a competitively
46 neutral manner that prioritizes and encourages private
47 investment in and private ownership and operation of electric
48 vehicle charging infrastructure.
49 2. Establish policies that stimulate innovation,
50 competition, private investment, and customer choice in electric

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51 vehicle charging infrastructure, including equipment and
52 networks.
53 3. Establish mechanisms, including incentives, which
54 support the efficient and cost-effective use of the electric
55 grid in a manner that supports electric vehicle charging
56 infrastructure.
57 4. Establish incentives that support private investment in
58 charging equipment.
59 5. Establish policies that, on a prospective basis,
60 prohibit investor-owned electric utilities from using rate base
61 investment in the ownership and operation of new electric
62 vehicle charging stations and limit public utility cost recovery
63 to distribution level infrastructure on the utility side of the
64 meter.
65 6. Stimulate fair and reasonable electricity pricing
66 through investor-owned electric utilities' tariff provisions
67 which will promote the widespread offering of electric vehicle
68 charging.
69 (b) The commission shall propose such rules by January 1,
70 2023, with final rule adoption by January 1, 2024.
71 (2) An entity that provides electric vehicle charging
72 stations to the public may intervene and participate in any
73 investor-owned electric utility's ratemaking or other commission
74 proceeding involving rates, terms, or conditions of service,
75 including the rate structure paid by or proposed to be paid by

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76 customers for electric vehicle charging offered to the public.
77 (3) This subsection does not prohibit an investor -owned
78 electric utility from providing electric vehicle charging
79 stations directly to the public through a separate, unregulated
80 entity on the same terms and conditions as any other provider of
81 electric vehicle charging stations.
82 Section 2. This act shall take effect July 1, 2022.

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