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
    319-1969-04
  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 SB 1316
    319-1969-04
 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
    319-1969-04
 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
31  
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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04
 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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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04
 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
31  
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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04
 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.
31  
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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04
 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.
31  
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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04
 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
31  
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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04
 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.
31  
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    Florida Senate - 2004                           CS for SB 1316
    319-1969-04
 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 1316
 3                                 
 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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