Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5O - Office of Energy › Chapter 5O-2 - RENEWABLE ENERGY TECHNOLOGY AND PRODUCTION TAX INCENTIVE PROGRAMS › Section 5O-2.003 - Florida Renewable Energy Production Tax Credit

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule applies to Florida corporate
				income taxpayers, as defined in Section
				220.193(2)(g),
				F.S., that own an interest in a general partnership, limited partnership,
				limited liability company, trust or other artificial entity that owns a Florida
				renewable energy facility seeking a tax credit toward corporate income tax
				pursuant to Section 220.193, F.S. This rule does not
				apply to the tax return filing process regulated by the Florida Department of
				Revenue.
(2) Pursuant to Section
				220.193, F.S., tax credits for
				the production and sale of electricity from a new or expanded Florida renewable
				energy facility will be granted for all taxpayers with a limit of $5 million in
				state fiscal year 2012-2013 and $10 million per state fiscal year in state
				fiscal years 2013-2014 through 2016-2017.
(3) A taxpayer seeking a Renewable Energy
				Production Tax Credit must apply to the Florida Department of Agriculture and
				Consumer Services, Office of Energy (Office) as follows:
(a) Applicants must complete and submit a
				Florida Renewable Energy Production Tax Credit Application, FDACS-01919, (Rev.
				01/15).
(b) Applications must be
				received by the Office, located at 600 South Calhoun Street, Suite 251,
				Tallahassee, Florida 32399-0001, either by certified mail or hand delivery.
1. Certified mail means the service provided
				by the United States Postal Service whereby the sender is provided with a
				mailing receipt and delivery record.
2. Hand delivery means any physical
				submission of an application to the Office from a representative of an
				applicant, courier, or a private delivery service.
(c) Applications must be received by the
				Office no later than close of business on:
1.
				January 15, 2014 for the production period January 1, 2013 through December 31,
				2013;
2. January 15, 2015 for the
				production period January 1, 2014 through December 31, 2014;
3. January 15, 2016 for the production period
				January 1, 2015 through December 31, 2015; and,
4. August 15, 2016 for the production period
				January 1, 2016 through June 30, 2016.
(d) Applications received after the due date
				will be determined ineligible.
(e)
				Applications must include the information required by the application form. All
				fields and sections on the application must be completed. If for any reason the
				information required is not applicable, the applicant must note in the
				specified field either "not applicable" or "n/a". Applications that are not
				fully completed or do not include the required information, including blank
				fields, will be determined incomplete.
(f) Applications must provide the address of
				the Florida renewable energy facility that produces the electricity qualifying
				for this corporate income tax credit. The applicant must submit a separate
				application for each facility. A facility is a building or a group of buildings
				close to one another that work together to produce electricity from renewable
				sources.
(g) Applications must
				include:
1. A summary of the type of renewable
				energy produced and sold;
2. The
				kilowatt-hours of electricity produced and sold from renewable energy for each
				month of the production period for which the applicant is applying:
3. Whether the facility producing that energy
				is a new or expanded facility; and,
4. The date the renewable energy facility was
				placed in operation.
(h)
				Applicants must attach a schedule to the application that identifies all
				corporations that will receive the credit and the percentage of the credit to
				be received by each corporation. The credit allocated shall pass through to the
				owners in the same manner as items of income and expense pass through for
				federal income tax purposes.
(i) A
				registered agent as defined in Section
				607.0501, F.S., officer, or
				director with an active registration with the Florida Department of State,
				Division of Corporations must certify, using the affidavit included as part of
				the application form, the increase in production and sales that form the basis
				of the application and that all other information contained in the application
				and supporting documentation is true and correct.