Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 43, October 30, 2009 issue of the Florida Administrative Weekly.

TITLE 27. EXECUTIVE OFFICE OF THE GOVERNOR

SUBTITLE 27N. FLORIDA ENERGY & CLIMATE COMMISSION

CHAPTER 27N-3. STATE ENERGY EFFICIENT APPLIANCE REBATE PROGRAM

Florida ENERGY STAR Appliance Rebate Program.

(1) GENERAL. The Florida Energy and Climate Commission is authorized to administer a consumer rebate program for the replacement of older appliances with qualified specific residential ENERGY STAR appliances and products, consistent with 42 U.S.C. s. 15821 and any federal agency guidance or regulations issued in furtherance of federal law.

(a) Only new appliances purchased for use at the consumer’s residence, to replace older appliances, are eligible for this rebate. To qualify, the new appliance must be purchased in the state of Florida, from an establishment that collects and remits Florida sales tax. This program is not intended to be used by a multi-family building owner.

(b) For the purposes of receiving a rebate, consumers may purchase no more than one of each type of ENERGY STAR appliance per address. However, the total amount of rebate monies received shall not exceed $1,500 per consumer, per address.

(c) Rebates shall be available only for the following new ENERGY STAR certified appliances and products: refrigerators, freezers, clothes washers, dishwashers, room air conditioners and gas tank-less water heaters. These are “qualified appliances” for the purpose of the rebate program.

(d) In order to be eligible to receive a rebate, a consumer must first purchase a qualified appliance or product during the designated period and submit proof of purchase of the qualified appliance to the program administrator postmarked no later than May 10, 2010.

(e) Consumers may obtain rebate redemption information and applications from several locations including retail locations ~~the retail location~~, the Florida Energy and Climate Commission website, the program administrator’s website, or ~~some~~ program partners’ websites.

(f) Rebates will be a flat 20 percent off the retail, pretax price of the appliance.

(g) The issuance of a rebate through other rebate programs does not preclude a consumer from receiving a rebate through this rebate program.

(h) Recycling is encouraged. ~~The purpose of this federal program is to replace existing appliances that are energy inefficient with new ENERGY STAR appliances.~~ Therefore, an additional $75 will be added to the rebate if the consumer provides the recycled appliance’s serial number and evidence of having recycled the appliance being replaced. No appliance may be refurbished and put back into use.

1. Evidence of having recycled the appliance being replaced may consist of:

a. Statement on the retailer receipt indicating pick-up of the appliance being replaced; or

b. Receipt from the public or private landfill of delivery of the appliance being replaced. This receipt must include the name and address of the landfill, the date, the receiving person’s signature and a brief description of the product.

2. The recycled appliance must be of the same type as the newly purchased qualified appliance for which the rebate is being applied

3. The additional $75 is only offered for the purchase of a new appliance.

4. All appliances accepted by landfills or retail establishments to recycle as part of this program must be sent to a metal recycler.

(2) PROGRAM DURATION. The rebates shall only be available for the purchase of qualified appliances during the period from 12:01 a.m., April 16, 2010, through 11:59 p.m., April 25, 2010. This time period coincides with Florida’s Earth Day.

(3) PROGRAM ADMINISTRATOR. The Florida Energy and Climate Commission may select a third party vendor to administer the rebates. If the Florida Energy and Climate Commission decides to select a third party to act as the program administrator, the Commission will issue a request for proposal and select the vendor who can process the rebates in the most efficient, accurate and cost-effective manner. Under no circumstance is the program administrator permitted to sell, give away or utilize for purposes other than this rebate program the names, addresses or phone numbers of the consumers applying for the rebate.

(4) ADVERTISING AND PROMOTION. The Florida Energy and Climate Commission shall coordinate with the program administrator, the participating retailers, environmental groups and the participating utilities to partner together to promote the rebate program broadly to the entire state. Advertising and promotions for the rebate program conducted by participating partners will include information that is consistent with these rules.

(5) APPLICATION AND ISSUANCE. Applications for rebates shall be submitted to the program administrator and postmarked on or before May 10, 2010 to be considered timely.

(a) Applications shall be submitted to the program administrator in hard copy format, using a the rebate application form hereby incorporated by reference: Form FECC 1, effective date April 2010.

(b) In order to be considered complete, applications must include all information required on the application form, the original purchase receipt for the appliance and, if seeking the additional $75 for recycling, evidence demonstrating that the appliance being replaced has been recycled. All information provided to the program administrator must be legible.

(c) The Florida Energy and Climate Commission does not guarantee that every consumer submitting a complete rebate application will receive a rebate. Rebates can only be issued if funding is available. The rebates will be dispensed upon (1) successful completion of the rebate form with required attached receipts, (2) the order in which they arrive, and (3) the availability of funds.

(d) Provided funds are available, the program administrator shall review each timely application to determine if the application includes all required information. The program administrator shall issue each rebate only after it determines that all required information has been provided and the application is complete.

1. An application that is determined to be complete shall be placed in the first-come, first-served order for allocation of rebates based upon the date and time the application is filed.

2. Timely submitted applications which are not complete shall not be considered as eligible for rebates and shall not receive a position in the first-come, first-served order for allocation of rebates. If the program administrator determines that the application is not complete and does not contain all of the required information, the program administrator shall notify the applicant of the incompleteness of the application.

3. Applicants who are notified of the incompleteness of a timely submitted application may submit subsequent information by mail in order to make the application complete. If an application is then determined to be complete, it shall be placed in the first-come, first-serve order for allocation of rebates based upon the date and time the application is determined complete.