Senate Bill sb0572

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    Florida Senate - 2006                                   SB 572

    By Senator Bennett





    21-557-06

  1                      A bill to be entitled

  2         An act relating to alternative energy;

  3         providing legislative findings; providing

  4         definitions; creating the Florida Alternative

  5         Energy Technology Center, Inc., as a

  6         not-for-profit corporation; requiring

  7         compliance with public meetings and records

  8         laws; providing for the organization, purpose,

  9         and duties of the center; providing for the

10         membership on the board of directors of the

11         center; requiring the disclosure of financial

12         interests by board members; specifying the

13         powers and duties of the board; requiring an

14         annual report; providing an appropriation;

15         providing an effective date.

16  

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

18  

19         Section 1.  Florida Alternative Energy Technology

20  Center, Inc.; findings; creation; membership; organization;

21  purpose; duties; powers.--

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

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

24  renewable energy resources, energy conservation, distributed

25  generation, advanced transmission methods, and pollution

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

27  overly dependent on fossil fuels to meet the energy needs of

28  homes and businesses. Renewable energy resources and energy

29  conservation resources have the potential to decrease this

30  dependency, minimize volatility of fuel cost, and improve

31  environmental conditions. Distributed energy resources and

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    Florida Senate - 2006                                   SB 572
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 1  enhancements to the transmission of electricity have the

 2  potential to make our supply of electricity more secure and to

 3  decrease the likelihood and severity of blackouts. Research in

 4  this state on these subjects can make the state a leader in

 5  new and innovative technologies and encourage investment and

 6  economic development in this state.

 7         (2)  As used in this section, the term:

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

 9  Technology Center, Inc.

10         (b)  "Alternative energy technology" means energy

11  technologies that are undeveloped or less than established in

12  current markets. The term includes, but is not limited to,

13  hydrogen fuel; fuel cells; distributed generation; biodiesel

14  and similar synthetic fuels; thermo-depolymerization; biomass;

15  agricultural products and byproducts; municipal solid waste,

16  including landfill injection, landfill mining, and landfill

17  gas; solar thermal and solar photovoltaic energy; ocean

18  energy, including wave or thermal; energy conservation,

19  including building, equipment, and appliance efficiency

20  technologies; enhancements to the transmission of electricity,

21  including advanced transmission lines; and environmental

22  standards.

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

24  be known as the Florida Alternative Energy Technology Center,

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

26  operated in compliance with chapter 617, Florida Statutes, and

27  which is not to be a unit or entity of state government. The

28  Legislature determines, however, that public policy dictates

29  that the corporation operate in the most open and accessible

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

31  Legislature specifically declares that the corporation and its

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    Florida Senate - 2006                                   SB 572
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 1  board of directors, and the task forces, advisory committees,

 2  and similar working groups that the corporation creates, are

 3  subject to the provisions of chapter 119, Florida Statutes,

 4  relating to public records and the provisions of chapter 286,

 5  Florida Statutes, relating to public meetings and records.

 6         (4)  The corporation is the principal organization in

 7  the state for alternative energy technology and shall provide

 8  leadership for research, development, and deployment of

 9  alternative energy technology in this state, including

10  production of, improvements in, and the use of such

11  technology. In fulfilling this responsibility, the corporation

12  shall:

13         (a)  Establish a unified approach to research,

14  development, and the deployment of alternative energy

15  technology, with the cooperation of the Governor, the

16  Legislature, the Department of Environmental Protection, the

17  Statewide Board of Governors of the State University System,

18  the Public Service Commission, and relevant private-sector

19  entities. The approach established must supplement and may not

20  displace the energy initiatives of the Department of

21  Environmental Protection.

22         (b)  Assist the state universities and the private

23  sector in determining the areas on which to focus research in

24  alternative energy technology and to assist in coordinating

25  research projects among the universities and relevant

26  private-sector entities.

27         (c)  Assist the Department of Environmental Protection

28  and the private sector in determining the areas on which to

29  focus alternative-energy-technology development or deployment

30  projects and in coordinating such projects among relevant

31  public and private-sector entities.

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 1         (d)  Promote the state as a location for businesses

 2  having operations related to alternative energy technologies

 3  in cooperation with Enterprise Florida, Inc., and the

 4  Department of Environmental Protection.

 5         (e)  Assist universities, other state entities, and

 6  private-sector entities in raising funds from all available

 7  public or private-sector sources for projects concerning

 8  research, development, or deployment of alternative energy

 9  technology, including projects that involve the production of,

10  improvements in, or use of alternative energy technology in

11  this state.

12         (f)  Collect and maintain information relating to

13  sources of funding for its work; alternative-energy-technology

14  research, development, or deployment projects that are or have

15  been conducted or that are needed; and

16  alternative-energy-technology businesses that are considering

17  operations in this state.

18         (g)  Make policy recommendations to the Legislature,

19  the Governor, and state agencies and subdivisions.

20         (5)  The corporation may conduct projects concerning

21  research, development, or deployment of alternative energy

22  technology that are not or cannot be conducted by a state

23  university or the Department of Environmental Protection.  The

24  corporation may conduct such projects using only its own

25  personnel and facilities, or in cooperation with one or more

26  universities, one or more private-sector entities, the

27  Department of Environmental Protection, or any combination of

28  such potential cooperating entities.

29         (6)  In performing its functions, the corporation shall

30  take all possible steps to ensure the maximum benefit to the

31  state. As part thereof, the corporation shall establish

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 1  strategic priorities, consistent with the findings of this

 2  section, to guide funding allocations and ensure the best use

 3  of available resources.

 4         (7)  The corporation must establish one or more

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

 6  Leon County.

 7         (8)  The corporation shall be governed by a board of

 8  directors consisting of the following members:

 9         (a)  A representative from the Department of

10  Environmental Protection.

11         (b)  The President of Enterprise Florida, Inc., or his

12  or her designee.

13         (c)  A representative from the State Board of

14  Education, selected by the members of that board.

15         (d)  A representative selected by the Florida public

16  utilities, as that term is defined in s. 366.02, Florida

17  Statutes. The term for this board member shall be 2 years,

18  with a new representative selected at the end of that time.

19         (e)  A representative selected by the Florida municipal

20  electric utilities and rural electric cooperatives. The term

21  for this board member shall be 2 years, with a new

22  representative selected at the end of that time.

23         (f)  A representative, selected by the President of the

24  Senate, who is a board member or executive officer of a

25  business that is located in this state, who has no business

26  interests relating to energy, and who can provide guidance as

27  to locating and operating a business in this state. The term

28  for this board member shall be 2 years, with a new

29  representative selected at the end of that time.

30         (g)  A representative, selected by the Speaker of the

31  House of Representatives, who is a board member or executive

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 1  officer of a business that is located in this state, who has

 2  no business interests relating to energy, and who can provide

 3  guidance as to locating and operating a business in this

 4  state. The term for this board member shall be 2 years, with a

 5  new representative selected at the end of that time.

 6         (h)  A representative, selected by the Governor, who is

 7  from an environmental group that is informed about energy

 8  matters of this state. The term for this board member shall be

 9  2 years, with a new representative selected at the end of that

10  time.

11         (9)  Vacancies on the board of directors of the

12  corporation must be filled in the same manner as the original

13  appointment. Vacancies shall be filled for the remainder of

14  the unexpired term, where applicable.

15         (10)  The members of the board of directors of the

16  corporation must select a chairperson biennially, upon

17  appointment of all new members.

18         (11)  The board of directors of the corporation must

19  meet at least four times each year, upon the call of the

20  chairperson, or at the request of a majority of the

21  membership. A majority of the total number of all directors

22  constitutes a quorum. The board may take official action by a

23  majority vote of the members present at any meeting at which a

24  quorum is present.

25         (12)  Members of the board of directors of the

26  corporation shall serve without compensation, but members, the

27  president, and staff may be reimbursed for all reasonable,

28  necessary, and actual expenses, as determined by the board.

29         (13)  Each member of the board of directors of the

30  corporation who is not otherwise required to file a financial

31  disclosure pursuant to s. 8, Art. II of the State Constitution

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 1  or s. 112.3144, Florida Statutes, must file a disclosure of

 2  financial interests pursuant to s. 112.3145, Florida Statutes.

 3         (14)  The board of directors of the corporation may:

 4         (a)  Secure funding for programs and activities of the

 5  corporation and its boards from public and private-sector

 6  sources and from fees charged for services or published

 7  materials, and solicit, receive, hold, invest, and administer

 8  any grant, payment, or gift of funds or property and make

 9  expenditures consistent with the powers granted to it.

10         (b)  Make and enter into contracts and other

11  instruments necessary or convenient for the exercise of its

12  powers and functions.

13         (c)  Sue and be sued, and appear and defend in all

14  actions and proceedings, in its corporate name to the same

15  extent as a natural person.

16         (d)  Adopt, use, and alter a common corporate seal for

17  the corporation and its boards.

18         (e)  Elect or appoint such officers and agents as its

19  affairs require and allow them reasonable compensation.

20         (f)  Adopt, amend, and repeal bylaws, not inconsistent

21  with the powers granted to it or the articles of

22  incorporation, for the administration of the affairs of the

23  corporation and the exercise of its corporate powers.

24         (g)  Acquire, enjoy, use, and dispose of patents,

25  copyrights, and trademarks and any licenses, royalties, and

26  other rights or interests thereunder or therein.

27         (h)  Do all acts and things necessary or convenient to

28  carry out the powers granted to it.

29         (i)  Use the state seal, notwithstanding the provisions

30  of s. 15.03, Florida Statutes, when appropriate, to establish

31  that the corporation is the principal alternative energy

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 1  technology organization for the state, and for other standard

 2  corporate identity applications. Use of the state seal may not

 3  replace use of a corporate seal as provided in this

 4  subsection.

 5         (j)  Invest any funds unspent at the end of the fiscal

 6  year to maximize the use of those funds.

 7         (k)  Procure insurance or require bond against any loss

 8  in connection with the property of the corporation and its

 9  board of directors or working groups, in such amounts and from

10  such insurers as is necessary or desirable.

11         (l)  Create and dissolve advisory committees, task

12  forces, or similar working groups as necessary to carry out

13  the corporation's mission. Members of such groups shall serve

14  without compensation but may be reimbursed for reasonable,

15  necessary, and actual expenses, as determined by the

16  corporation's board of directors.

17         (m)  Solicit input from the public, organizations

18  concerned about energy in this state, and experts in the

19  field.

20         (15)  The powers granted to the corporation shall be

21  liberally construed so that the corporation may aggressively

22  pursue its purpose of being the principal alternative energy

23  technology organization for the state.

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

25  a corporate president and establish and adjust the president's

26  compensation. The president is the chief administrative and

27  operational officer of the board of directors and of the

28  corporation, and directs and supervises the administrative

29  affairs of the board and each working group created by the

30  board. The board of directors may delegate to its president

31  

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 1  those powers and responsibilities it deems appropriate, except

 2  for the appointment of a president.

 3         (17)  The board of directors and officers of the

 4  corporation are responsible for the prudent use of all public

 5  and private funds that the corporation controls and must

 6  ensure that the use of such funds is in accordance with

 7  applicable laws, bylaws, and contractual requirements. An

 8  employee of the corporation may not receive compensation for

 9  employment which exceeds the salary paid to the Governor,

10  unless the board of directors and the employee have executed a

11  contract that prescribes specific, measurable performance

12  outcomes for the employee, the satisfaction of which provides

13  the basis for the award of incentive payments that increase

14  the employee's total compensation to a level above the salary

15  paid to the Governor.

16         (18)  The credit of the State of Florida may not be

17  pledged on behalf of the corporation.

18         (19)  In addition to any indemnification available

19  under chapter 617, Florida Statutes, the corporation may

20  indemnify, and purchase and maintain insurance on behalf of,

21  its directors, officers, employees, or working-group members

22  against personal liability or accountability for actions taken

23  within the scope of their employment or authority.

24         (20)  By December 1 each year, the corporation must

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

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

27  chairman of the State Board of Education containing:

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

29  activities and accomplishments for the year.

30  

31  

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    Florida Senate - 2006                                   SB 572
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 1         (b)  An annual financial accounting of resources and

 2  expenditures prepared by an independent certified public

 3  accountant.

 4         (c)  A statement of the strategic priorities of the

 5  corporation and their 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 research concerning, or

 9  development or deployment of, alternative energy technology.

10         Section 2.  The sum of $500,000 is appropriated from

11  the General Revenue Fund to the Executive Office of the

12  Governor for the purpose of funding the activities of the

13  Florida Alternative Energy Technology Center, Inc., for the

14  2006-2007 fiscal year.

15         Section 3.  This act shall take effect upon becoming a

16  law.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Creates the Florida Alternative Energy Center, Inc., as a
      not-for-profit corporation to be the principal
21    organization in the state for alternative energy
      technology. Provides for the organization, purpose, and
22    duties of the center. Provides for membership of the
      board of directors. Provides for disclosure of financial
23    interests of board members. Requires an annual report.

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