Senate Bill sb1316c3

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    Florida Senate - 2004             CS for CS for CS for SB 1316

    By the Committees on Governmental Oversight and Productivity;
    Natural Resources; Communication and Public Utilities; and
    Senator Bennett



    302-2435-04

  1                      A bill to be entitled

  2         An act relating to alternative energy; creating

  3         the Florida Alternative Energy Technology

  4         Center, Inc.; providing for the organization,

  5         purpose, and duties of the center; providing an

  6         appropriation; providing for the transfer of

  7         the state energy program from the Department of

  8         Community Affairs to the Department of

  9         Environmental Protection; providing an

10         effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Florida Alternative Energy Technology

15  Center; findings; creation; membership; organization; purpose;

16  duties; powers.--

17         (1)  The Legislature finds that it is in the public

18  interest to promote, in this state, research on and use of

19  renewable energy resources, energy conservation, distributed

20  generation, advanced transmission methods, and pollution

21  control. Both Florida and the United States in general are

22  overly dependent upon fossil fuels. Renewable electric

23  resources and energy conservation have the potential to

24  decrease this dependency, minimize volatility of fuel cost,

25  and improve environmental conditions. Distributed generation

26  and enhancements to transmission of electricity have the

27  potential to make our supply of electricity more secure and

28  decrease the likelihood and severity of blackouts. Research in

29  this state on these subjects can make Florida a leader in new

30  and innovative technologies and encourage investment and

31  economic development within this state.

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    Florida Senate - 2004             CS for CS for CS for SB 1316
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 1         (2)  As used in this section, the term:

 2         (a)  "Corporation" means the Florida Alternative Energy

 3  Technology Center, Inc.

 4         (b)  "Alternative energy technology" includes, but is

 5  not limited to:  hydrogen fuel; fuel cells; distributed

 6  generation; biodiesel and similar synthetic fuels;

 7  thermo-depolymerization; biomass; agricultural products and

 8  byproducts; municipal solid waste, including landfill

 9  injection and landfill mining; landfill gas; solar thermal and

10  solar photovoltaic energy; ocean energy, including wave or

11  thermal; energy conservation, including appliance efficiency

12  standards; distributed generation; enhancements to

13  transmission of electricity, including advanced transmission

14  lines; and environmental standards.

15         (3)  There is created a not-for-profit corporation, to

16  be known as the Florida Alternative Energy Technology Center,

17  Inc., which must be registered, incorporated, organized, and

18  operated in compliance with chapter 617, Florida Statutes,

19  which has all the powers appertaining thereto, and which is

20  not to be a unit or entity of state government. The

21  Legislature determines, however, that public policy dictates

22  that the corporation operate in the most open and accessible

23  manner consistent with its public purpose. To this end, the

24  Legislature specifically declares that the corporation and its

25  boards and advisory committees or similar groups that it

26  creates are subject to the provisions of chapter 119, Florida

27  Statutes, relating to public records and those provisions of

28  chapter 286, Florida Statutes, relating to public meetings and

29  records.

30         (4)  The corporation is the principal alternative

31  energy technology organization for the state and is to provide

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    Florida Senate - 2004             CS for CS for CS for SB 1316
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 1  leadership for research and development on the production of,

 2  improvements in, or use of alternative energy technology in

 3  Florida.

 4         (5)  In fulfilling this responsibility, the corporation

 5  shall:

 6         (a)  Establish a unified approach to research,

 7  development, and use of alternative energy technology, with

 8  the cooperation of the Governor, the Legislature, the state

 9  energy program, as authorized and governed by sections 377.701

10  and 377.703, Florida Statutes, the Statewide Board of

11  Governors of the State University System, the Public Service

12  Commission, and relevant businesses in the private sector.

13         (b)  Assist the Florida universities and the private

14  sector in determining areas on which to focus research in

15  alternative energy technology and to assist in coordinating

16  research projects among the universities and relevant private

17  sector entities.

18         (c)  Promote the state as a location for businesses

19  having operations related to alternative energy technologies

20  in cooperation with Enterprise Florida, Inc., and the state

21  energy program, as authorized and governed by sections 377.701

22  and 377.703, Florida Statutes.

23         (d)  Assist universities, other state entities, and

24  private companies in raising funds from all available

25  resources including federal, state, local, and private for

26  research and development concerning alternative energy

27  technology and for projects that utilize alternative energy

28  technology in Florida.

29         (e)  Collect and maintain information relating to:

30  funding sources (public and private), research conducted or

31  

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    Florida Senate - 2004             CS for CS for CS for SB 1316
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 1  needed, and alternative energy technology businesses

 2  considering operations in Florida.

 3         (f)  Make policy recommendations to the Legislature,

 4  the Governor, and state agencies and subdivisions.

 5         (6)  In addition, the corporation may conduct research

 6  on alternative energy technology when such research is not or

 7  cannot be done by a state university. It may conduct this

 8  research utilizing only corporate personnel and facilities or

 9  in cooperation with one or more universities, one or more

10  private companies, or both.

11         (7)  In performing these functions, the corporation

12  shall take all possible steps to ensure the maximum benefit to

13  the state and shall act in the best interest of the state. As

14  part thereof, the corporation shall establish strategic

15  priorities, consistent with the findings of this section, to

16  guide funding allocations and ensure the best use of available

17  resources.

18         (8)  The corporation must establish one or more

19  corporate offices, at least one of which must be located in

20  Leon County.

21         (9)  The corporation shall be governed by a board of

22  directors consisting of the following members:

23         (a)  A representative from the state energy program, as

24  authorized and governed by sections 377.701 and 377.703,

25  Florida Statutes, selected by the Governor.

26         (b)  A representative from Enterprise Florida, Inc.,

27  selected by its board of directors.

28         (c)  A representative from the Statewide Board of

29  Governors of the State University System, selected by the

30  members of that board.

31  

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    Florida Senate - 2004             CS for CS for CS for SB 1316
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 1         (d)  A representative from the Florida investor-owned

 2  electric utilities. The Governor shall select this member from

 3  a list of four persons provided by these utilities.

 4         (e)  A representative from the Florida municipal

 5  electric utilities and rural electric cooperative utilities.

 6  The Governor shall select this representative from a list of

 7  four persons provided by these utilities.

 8         (f)  A representative selected by the President of the

 9  Senate who is a board member or executive officer of a

10  business that is located in Florida and that does not have any

11  business interests relating to energy who can provide guidance

12  as to locating and operating a business in this state.

13         (g)  A representative selected by the Speaker of the

14  House of Representatives who is a board member or executive

15  officer of a business that is located in Florida and that does

16  not have any business interests relating to energy who can

17  provide guidance as to locating and operating a business in

18  this state.

19         (h)  A representative selected by the Governor from an

20  environmental group who is informed about energy matters of

21  this state.

22         (10)  Board members shall serve a term of 2 years,

23  except that members selected under paragraphs (9)(d), (e),

24  (f), and (g) shall serve an initial term of 3 years. Vacancies

25  on the board must be filled in the same manner as the original

26  appointment. Vacancies shall be filled for the remainder of

27  the unexpired term, where applicable.

28         (11)  The board members must select a chairperson

29  biennially, upon appointment of all new members.

30         (12)  The board of directors must meet at least four

31  times each year, upon the call of the chairperson, or at the

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    Florida Senate - 2004             CS for CS for CS for SB 1316
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 1  request of a majority of the membership. A majority of the

 2  total number of all directors constitutes a quorum. The board

 3  of directors may take official action by a majority vote of

 4  the members present at any meeting at which a quorum is

 5  present.

 6         (13)  Members of the board of directors serve without

 7  compensation, but members, the president, and staff may be

 8  reimbursed for all reasonable, necessary, and actual expenses,

 9  as determined by the corporation's board of directors.

10         (14)  Each member of the corporation's board of

11  directors who is not otherwise required to file a financial

12  disclosure pursuant to Section 8, Article II of the State

13  Constitution or section 112.3144, Florida Statutes, must file

14  a disclosure of financial interests pursuant to section

15  112.3145, Florida Statutes.

16         (15)  The corporation's board of directors must appoint

17  a corporate president, and establish and adjust the

18  president's compensation. The president is the chief

19  administrative and operational officer of the board of

20  directors and of the corporation, and directs and supervises

21  the administrative affairs of the board of directors and any

22  other boards of the corporation. The board of directors may

23  delegate to its president those powers and responsibilities it

24  deems appropriate, except for the appointment of a president.

25         (16)  Distributions shall be made to the corporation

26  from the Florida Electric Energy Trust Fund under a contract

27  between the Public Service Commission and the corporation,

28  including any funding that is directed by the Legislature to

29  be paid to a specific recipient.

30         (17)  The board of directors and its officers are

31  responsible for the prudent use of all public and private

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    Florida Senate - 2004             CS for CS for CS for SB 1316
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 1  funds and must ensure that the use of such funds is in

 2  accordance with all applicable laws, bylaws, or contractual

 3  requirements. No employee of the corporation may receive

 4  compensation for employment which exceeds the salary paid to

 5  the Governor, unless the board of directors and the employee

 6  have executed a contract that prescribes specific, measurable

 7  performance outcomes for the employee, the satisfaction of

 8  which provides the basis for the award of incentive payments

 9  that increase the employee's total compensation to a level

10  above the salary paid to the Governor.

11         (18)  Under no circumstances may the credit of the

12  State of Florida be pledged on behalf of the corporation.

13         (19)  If the corporation is dissolved or ceases to

14  exist, all moneys, records, data, and property held by the

15  corporation revert to the state. All records and data in a

16  computerized database must be returned in a form that is

17  compatible with the computerized database of the Public

18  Service Commission.

19         (20)  In addition to any indemnification available

20  under chapter 617, Florida Statutes, the corporation may

21  indemnify, and purchase and maintain insurance on behalf of

22  its directors, officers, and employees and its boards against

23  any personal liability or accountability by reason of actions

24  taken while acting within the scope of their authority.

25         (21)  By December 1 each year, the corporation must

26  submit an annual report to the Governor, the President of the

27  Senate, the Speaker of the House of Representatives, and the

28  chairman of the Statewide Board of Governors containing:

29         (a)  A detailed description of the corporation's

30  activities and accomplishments.

31  

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    Florida Senate - 2004             CS for CS for CS for SB 1316
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 1         (b)  An annual financial accounting of resources and

 2  expenditures conducted by an independent certified public

 3  accountant.

 4         (c)  A statement of its strategic priorities and their

 5  use in guiding resource allocations.

 6         (d)  Any recommendations the corporation has for action

 7  by the Legislature or by the agencies of state, county, or

 8  municipal governments to foster development or use of

 9  alternative energy technology.

10         Section 2.  There is appropriated from the General

11  Revenue Fund to the Office of the Governor $500,000 to fund

12  the activities of the Florida Alternative Energy Technology

13  Center, Inc., for the fiscal year 2004-2005.

14         Section 3.  The State Energy Program, as authorized and

15  governed by sections 20.18, 288.041, 377.601-377.608, 377.701,

16  and 377.703, Florida Statutes, is transferred by a type two

17  transfer, as defined in section 20.06(2), Florida Statutes,

18  from the Department of Community Affairs to the Department of

19  Environmental Protection. Notwithstanding section 20.06(2),

20  Florida Statutes, trust funds associated with this program

21  shall remain within the Department of Community Affairs.

22         Section 4.  This act shall take effect upon becoming a

23  law.

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    Florida Senate - 2004             CS for CS for CS for SB 1316
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          CS/CS/SB 1316

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 4  Provides that powers of the nonprofit corporation are as
    provided in ch. 617, F.S.
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    Revises process for appointment of some board members.
 6  Provides for staggered terms.

 7  Provides that all property of corporation reverts to state
    upon dissolution.
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    Requires the corporation to act in the best interests of the
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