Senate Bill sb1316c1
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Florida Senate - 2004 CS for SB 1316
By the Committee on Communication and Public Utilities; and
Senator Bennett
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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.
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12 Be It Enacted by the Legislature of the State of Florida:
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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 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 programs, including appliance
12 efficiency standards; distributed generation; enhancements to
13 transmission of electricity, including advanced transmission
14 lines; and environmental standards, including generation
15 portfolio standards.
16 (3) There is created a not-for-profit corporation, to
17 be known as the Florida Alternative Energy Technology Center,
18 Inc., which must be registered, incorporated, organized, and
19 operated in compliance with chapter 617, Florida Statutes, and
20 which is 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 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 which utilize alternative energy
28 technology in Florida.
29 (e) Collect and maintain information relating to:
30 funding sources (public and private), research conducted or
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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.
14 (8) The corporation must establish one or more
15 corporate offices, at least one of which must be located in
16 Leon County.
17 (9) The corporation shall be governed by a board of
18 directors consisting of the following members:
19 (a) A representative from the state energy program, as
20 authorized and governed by sections 377.701 and 377.703,
21 Florida Statutes.
22 (b) The President of Enterprise Florida, Inc.
23 (c) A representative from the Statewide Board of
24 Governors of the State University System, selected by the
25 members of that board.
26 (d) A representative selected by the Florida public
27 utilities, as that term is defined in section 366.02, Florida
28 Statutes. The term for this board member shall be 2 years,
29 with a new representative selected at the end of that time.
30 (e) A representative selected by the Florida municipal
31 electric utilities and rural electric cooperatives. The term
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1 for this board member shall be 2 years, with a new
2 representative selected at the end of that time.
3 (f) A representative selected by the President of the
4 Senate who is a board member or executive officer of a
5 business that is located in Florida and that does not have any
6 business interests relating to energy who can provide guidance
7 as to locating and operating a business in this state. The
8 term for this board member shall be 2 years, with a new
9 representative selected at the end of that time.
10 (g) A representative selected by the Speaker of the
11 House of Representatives who is a board member or executive
12 officer of a business that is located in Florida and that does
13 not have any business interests relating to energy who can
14 provide guidance as to locating and operating a business in
15 this state. The term for this board member shall be 2 years,
16 with a new representative selected at the end of that time.
17 (10) Vacancies on the board must be filled in the same
18 manner as the original appointment. Vacancies shall be filled
19 for the remainder of the unexpired term, where applicable.
20 (11) The board members must select a chairperson
21 biennially, upon appointment of all new members.
22 (12) The board of directors must meet at least four
23 times each year, upon the call of the chairperson, or at the
24 request of a majority of the membership. A majority of the
25 total number of all directors constitutes a quorum. The board
26 of directors may take official action by a majority vote of
27 the members present at any meeting at which a quorum is
28 present.
29 (13) Members of the board of directors serve without
30 compensation, but members, the president, and staff may be
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1 reimbursed for all reasonable, necessary, and actual expenses,
2 as determined by the corporation's board of directors.
3 (14) Each member of the corporation's board of
4 directors who is not otherwise required to file a financial
5 disclosure pursuant to Section 8, Article II of the State
6 Constitution or section 112.3144, Florida Statutes, must file
7 a disclosure of financial interests pursuant to section
8 112.3145, Florida Statutes.
9 (15) The board of directors has the power to:
10 (a) Secure funding for programs and activities of the
11 corporation and its boards from federal, state, local, and
12 private sources and from fees charged for services and
13 published materials and solicit, receive, hold, invest, and
14 administer any grant, payment, or gift of funds or property
15 and make expenditures consistent with the powers granted to
16 it.
17 (b) Make and enter into contracts and other
18 instruments necessary or convenient for the exercise of its
19 powers and functions.
20 (c) Sue and be sued, and appear and defend in all
21 actions and proceedings, in its corporate name to the same
22 extent as a natural person.
23 (d) Adopt, use, and alter a common corporate seal for
24 the corporation and its boards.
25 (e) Elect or appoint such officers and agents as its
26 affairs require and allow them reasonable compensation.
27 (f) Adopt, amend, and repeal bylaws, not inconsistent
28 with the powers granted to it or the articles of
29 incorporation, for the administration of the affairs of the
30 corporation and the exercise of its corporate powers.
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1 (g) Acquire, enjoy, use, and dispose of patents,
2 copyrights, and trademarks and any licenses, royalties, and
3 other rights or interests thereunder or therein.
4 (h) Do all acts and things necessary or convenient to
5 carry out the powers granted to it.
6 (i) Use the state seal, notwithstanding the provisions
7 of section 15.03, Florida Statutes, when appropriate, to
8 establish that the corporation is the principal alternative
9 energy technology organization for the state, and for other
10 standard corporate identity applications. Use of the state
11 seal is not to replace use of a corporate seal as provided in
12 this section.
13 (j) Carry forward any unexpended state appropriations
14 into succeeding fiscal years.
15 (k) Procure insurance or require bond against any loss
16 in connection with the property of the corporation and its
17 boards, in such amounts and from such insurers as is necessary
18 or desirable.
19 (l) Create and dissolve advisory committees, working
20 groups, task forces, or similar organizations, as necessary to
21 carry out the corporation's mission. Members of advisory
22 committees, working groups, task forces, or similar
23 organizations created by the corporation serve without
24 compensation, but may be reimbursed for reasonable, necessary,
25 and actual expenses, as determined by the corporation's board
26 of directors.
27 (16) The powers granted to the corporation are to be
28 liberally construed in order that it may aggressively pursue
29 its purpose of being the principal alternative energy
30 technology organization for the state.
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1 (17) The corporation's board of directors must appoint
2 a corporate president, and establish and adjust the
3 president's compensation. The president is the chief
4 administrative and operational officer of the board of
5 directors and of the corporation, and directs and supervises
6 the administrative affairs of the board of directors and any
7 other boards of the corporation. The board of directors may
8 delegate to its president those powers and responsibilities it
9 deems appropriate, except for the appointment of a president.
10 (18) The state's operating investment in the
11 corporation is the budget contracted by the Office of the
12 Governor to the corporation.
13 (19) The board of directors and its officers are
14 responsible for the prudent use of all public and private
15 funds and must ensure that the use of such funds is in
16 accordance with all applicable laws, bylaws, or contractual
17 requirements. No employee of the corporation may receive
18 compensation for employment which exceeds the salary paid to
19 the Governor, unless the board of directors and the employee
20 have executed a contract that prescribes specific, measurable
21 performance outcomes for the employee, the satisfaction of
22 which provides the basis for the award of incentive payments
23 that increase the employee's total compensation to a level
24 above the salary paid to the Governor.
25 (20) Under no circumstances may the credit of the
26 State of Florida be pledged on behalf of the corporation.
27 (21) In addition to any indemnification available
28 under chapter 617, Florida Statutes, the corporation may
29 indemnify, and purchase and maintain insurance on behalf of
30 its directors, officers, and employees and its boards against
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1 any personal liability or accountability by reason of actions
2 taken while acting within the scope of their authority.
3 (22) By December 1 each year, the corporation must
4 submit an annual report to the Governor, the President of the
5 Senate, the Speaker of the House of Representatives, and the
6 chairman of the Statewide Board of Governors containing:
7 (a) A detailed description of the corporation's
8 activities and accomplishments.
9 (b) An annual financial accounting of resources and
10 expenditures conducted by an independent certified public
11 accountant.
12 (c) Any recommendations the corporation has for action
13 by the Legislature or by the agencies of state, county, or
14 municipal governments to foster development or use of
15 alternative energy technology.
16 Section 2. There is appropriated from the General
17 Revenue Fund to the Office of the Governor $500,000 to fund
18 the activities of the Florida Alternative Energy Technology
19 Center, Inc., for the fiscal year 2004-2005.
20 Section 3. The state energy program, as authorized and
21 governed by sections 377.701 and 377.703, Florida Statutes,
22 including all statutory powers, duties, functions, rules,
23 records, personnel, property, and unexpended balances of
24 appropriations, allocations, and other funds associated with
25 the program, is hereby transferred intact by a type two
26 transfer, as defined in section 20.06(2), Florida Statutes,
27 from the Department of Community Affairs to the Department of
28 Environmental Protection.
29 Section 4. This act shall take effect upon becoming a
30 law.
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Florida Senate - 2004 CS for SB 1316
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 1316
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4 The committee substitute:
5 Deletes the definitions of biomass and renewable energy;
6 Creates the Florida Alternative Energy Technology Center,
Inc., and provides for its organization, purpose, and duties;
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Appropriates $500,000 to fund the center; and
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Transfers the state energy program from the Department of
9 Community Affairs to the Department of Environmental
Protection.
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