Senate Bill sb1316c3
CODING: Words stricken are deletions; words underlined are additions.
    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.
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004             CS for CS for CS for SB 1316
    302-2435-04
 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, 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
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004             CS for CS for CS for SB 1316
    302-2435-04
 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 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  
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004             CS for CS for CS for SB 1316
    302-2435-04
 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 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  
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004             CS for CS for CS for SB 1316
    302-2435-04
 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
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004             CS for CS for CS for SB 1316
    302-2435-04
 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
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004             CS for CS for CS for SB 1316
    302-2435-04
 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  
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004             CS for CS for CS for SB 1316
    302-2435-04
 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.
24  
25  
26  
27  
28  
29  
30  
31  
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004             CS for CS for CS for SB 1316
    302-2435-04
 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          CS/CS/SB 1316
 3                                 
 4  Provides that powers of the nonprofit corporation are as
    provided in ch. 617, F.S.
 5  
    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.
 8  
    Requires the corporation to act in the best interests of the
 9  state.
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  9
CODING: Words stricken are deletions; words underlined are additions.