| 1 | The Utilities & Telecommunications Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to alternative energy; providing |
| 8 | legislative findings; providing definitions; creating the |
| 9 | Florida Alternative Energy Technology Center, Inc., as a |
| 10 | not-for-profit corporation; requiring compliance with |
| 11 | public meetings and records laws; providing for the |
| 12 | organization, purpose, and duties of the center; providing |
| 13 | for the membership on the board of directors of the |
| 14 | center; requiring the disclosure of financial interests by |
| 15 | board members; specifying the powers and duties of the |
| 16 | board; requiring an annual report; providing an |
| 17 | appropriation; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Florida Alternative Energy Technology Center, |
| 22 | Inc.; findings; creation; membership; organization; purpose; |
| 23 | duties; powers.-- |
| 24 | (1) The Legislature finds that it is in the public |
| 25 | interest to promote research on and use of renewable energy |
| 26 | resources, energy conservation, distributed generation, advanced |
| 27 | transmission methods, and pollution control. Both Florida and |
| 28 | the United States in general are overly dependent on fossil |
| 29 | fuels to meet the energy needs of homes and businesses. |
| 30 | Renewable energy resources and energy conservation resources |
| 31 | have the potential to decrease this dependency, minimize |
| 32 | volatility of fuel cost, and improve environmental conditions. |
| 33 | Distributed energy resources and enhancements to the |
| 34 | transmission of electricity have the potential to make our |
| 35 | supply of electricity more secure and to decrease the likelihood |
| 36 | and severity of blackouts. Research in this state on these |
| 37 | subjects can make the state a leader in new and innovative |
| 38 | technologies and encourage investment and economic development |
| 39 | in this state. |
| 40 | (2) As used in this section, the term: |
| 41 | (a) "Corporation" means the Florida Alternative Energy |
| 42 | Technology Center, Inc. |
| 43 | (b) "Alternative energy technology" means energy |
| 44 | technologies that are undeveloped or less than established in |
| 45 | current markets. The term includes, but is not limited to, |
| 46 | hydrogen fuel; fuel cells; distributed generation; biodiesel and |
| 47 | similar synthetic fuels; thermo-depolymerization; biomass; |
| 48 | agricultural products and byproducts; municipal solid waste, |
| 49 | including landfill injection, landfill mining, and landfill gas; |
| 50 | solar thermal and solar photovoltaic energy; ocean energy, |
| 51 | including wave or thermal; energy conservation, including |
| 52 | building, equipment, and appliance efficiency technologies; |
| 53 | enhancements to the transmission of electricity, including |
| 54 | advanced transmission lines; and environmental standards. |
| 55 | (3) There is created a not-for-profit corporation, to be |
| 56 | known as the Florida Alternative Energy Technology Center, Inc., |
| 57 | which must be registered, incorporated, organized, and operated |
| 58 | in compliance with chapter 617, Florida Statutes, and which is |
| 59 | not to be a unit or entity of state government. The Legislature |
| 60 | determines, however, that public policy dictates that the |
| 61 | corporation operate in the most open and accessible manner |
| 62 | consistent with its public purpose. To this end, the Legislature |
| 63 | specifically declares that the corporation and its board of |
| 64 | directors and the task forces, advisory committees, and similar |
| 65 | working groups that the corporation creates are subject to the |
| 66 | provisions of chapter 119, Florida Statutes, relating to public |
| 67 | records and the provisions of chapter 286, Florida Statutes, |
| 68 | relating to public meetings and records. |
| 69 | (4) The corporation is the principal alternative energy |
| 70 | technology organization for the state and shall provide |
| 71 | leadership for research, development, and deployment of |
| 72 | alternative energy technology in this state, including |
| 73 | production of, improvements in, and the use of such technology. |
| 74 | In fulfilling this responsibility, the corporation shall: |
| 75 | (a) Establish a unified approach to research, development, |
| 76 | and the deployment of alternative energy technology, with the |
| 77 | cooperation of the Governor, the Legislature, the Department of |
| 78 | Environmental Protection, the Statewide Board of Governors of |
| 79 | the State University System, the Public Service Commission, and |
| 80 | relevant private-sector entities. The approach established must |
| 81 | supplement and not displace the energy initiatives of the |
| 82 | Department of Environmental Protection. |
| 83 | (b) Assist the state universities and the private sector |
| 84 | in determining the areas on which to focus research in |
| 85 | alternative energy technology and to assist in coordinating |
| 86 | research projects among the universities and relevant private- |
| 87 | sector entities. |
| 88 | (c) Assist the Department of Environmental Protection and |
| 89 | the private sector in determining the areas on which to focus |
| 90 | alternative-energy-technology development or deployment projects |
| 91 | and in coordinating such projects among relevant public and |
| 92 | private-sector entities. |
| 93 | (d) Promote the state as a location for businesses having |
| 94 | operations related to alternative energy technologies in |
| 95 | cooperation with Enterprise Florida, Inc., and the Department of |
| 96 | Environmental Protection. |
| 97 | (e) Assist universities, other state entities, and |
| 98 | private-sector entities in raising funds from all available |
| 99 | public or private-sector sources for projects concerning |
| 100 | research, development, or deployment of alternative energy |
| 101 | technology, including projects that involve the production of, |
| 102 | improvements in, or use of alternative energy technology in this |
| 103 | state. |
| 104 | (f) Collect and maintain information relating to sources |
| 105 | of funding for its work; alternative-energy-technology research, |
| 106 | development, or deployment projects that are or have been |
| 107 | conducted or that are needed; and alternative-energy-technology |
| 108 | businesses that are considering operations in this state. |
| 109 | (g) Make policy recommendations to the Legislature, the |
| 110 | Governor, and state agencies and subdivisions. |
| 111 | (5) The corporation may conduct projects concerning |
| 112 | research, development, or deployment of alternative energy |
| 113 | technology that are not or cannot be conducted by a state |
| 114 | university or the Department of Environmental Protection. The |
| 115 | corporation may conduct such projects using only its own |
| 116 | personnel and facilities, or in cooperation with one or more |
| 117 | universities, one or more private-sector entities, the |
| 118 | Department of Environmental Protection, or any combination of |
| 119 | such potential cooperating entities. |
| 120 | (6) In performing its functions, the corporation shall |
| 121 | take all possible steps to ensure the maximum benefit to the |
| 122 | state. As part thereof, the corporation shall establish |
| 123 | strategic priorities, consistent with the findings of this |
| 124 | section, to guide funding allocations and ensure the best use of |
| 125 | available resources. |
| 126 | (7) The corporation must establish one or more corporate |
| 127 | offices, at least one of which must be located in Leon County. |
| 128 | (8) The corporation shall be governed by a board of |
| 129 | directors consisting of the following members: |
| 130 | (a) A representative from the Department of Environmental |
| 131 | Protection. |
| 132 | (b) The President of Enterprise Florida, Inc., or his or |
| 133 | her designee. |
| 134 | (c) A representative from the State Board of Education, |
| 135 | selected by the members of that board. |
| 136 | (d) A representative selected by the public utilities, as |
| 137 | that term is defined in s. 366.02, Florida Statutes. The term |
| 138 | for this board member shall be 2 years, with a new |
| 139 | representative selected at the end of that time. |
| 140 | (e) A representative selected by the Florida municipal |
| 141 | electric utilities and rural electric cooperatives. The term for |
| 142 | this board member shall be 2 years, with a new representative |
| 143 | selected at the end of that time. |
| 144 | (f) A representative, selected by the President of the |
| 145 | Senate, who is a board member or executive officer of a business |
| 146 | that is located in this state, who has no business interests |
| 147 | relating to energy, and who can provide guidance as to locating |
| 148 | and operating a business in this state. The term for this board |
| 149 | member shall be 2 years, with a new representative selected at |
| 150 | the end of that time. |
| 151 | (g) A representative, selected by the Speaker of the House |
| 152 | of Representatives, who is a board member or executive officer |
| 153 | of a business that is located in this state, who has no business |
| 154 | interests relating to energy, and who can provide guidance as to |
| 155 | locating and operating a business in this state. The term for |
| 156 | this board member shall be 2 years, with a new representative |
| 157 | selected at the end of that time. |
| 158 | (h) A representative, selected by the Governor, who is |
| 159 | from an environmental group that is informed about energy |
| 160 | matters of this state. The term for this board member shall be 2 |
| 161 | years, with a new representative selected at the end of that |
| 162 | time. |
| 163 | (9) Vacancies on the board of directors of the corporation |
| 164 | must be filled in the same manner as the original appointment. |
| 165 | Vacancies shall be filled for the remainder of the unexpired |
| 166 | term, where applicable. |
| 167 | (10) The members of the board of directors of the |
| 168 | corporation must select a chair biennially, upon appointment of |
| 169 | all new members. |
| 170 | (11) The board of directors of the corporation must meet |
| 171 | at least four times each year, upon the call of the chair, or at |
| 172 | the request of a majority of the membership. A majority of the |
| 173 | total number of all directors constitutes a quorum. The board |
| 174 | may take official action by a majority vote of the members |
| 175 | present at any meeting at which a quorum is present. |
| 176 | (12) Members of the board of directors of the corporation |
| 177 | shall serve without compensation, but members, the president, |
| 178 | and staff may be reimbursed for all reasonable, necessary, and |
| 179 | actual expenses, as determined by the board. |
| 180 | (13) Each member of the board of directors of the |
| 181 | corporation who is not otherwise required to file a financial |
| 182 | disclosure pursuant to Section 8, Article II of the State |
| 183 | Constitution or s. 112.3144, Florida Statutes, must file a |
| 184 | disclosure of financial interests pursuant to s. 112.3145, |
| 185 | Florida Statutes. |
| 186 | (14) The board of directors of the corporation may: |
| 187 | (a) Secure funding for programs and activities of the |
| 188 | corporation and its boards from public and private-sector |
| 189 | sources and from fees charged for services or published |
| 190 | materials, and solicit, receive, hold, invest, and administer |
| 191 | any grant, payment, or gift of funds or property and make |
| 192 | expenditures consistent with the powers granted to it. |
| 193 | (b) Make and enter into contracts and other instruments |
| 194 | necessary or convenient for the exercise of its powers and |
| 195 | functions. |
| 196 | (c) Sue and be sued, and appear and defend in all actions |
| 197 | and proceedings, in its corporate name to the same extent as a |
| 198 | natural person. |
| 199 | (d) Adopt, use, and alter a common corporate seal for the |
| 200 | corporation and its boards. |
| 201 | (e) Elect or appoint such officers and agents as its |
| 202 | affairs require and allow them reasonable compensation. |
| 203 | (f) Adopt, amend, and repeal bylaws, not inconsistent with |
| 204 | the powers granted to it or the articles of incorporation, for |
| 205 | the administration of the affairs of the corporation and the |
| 206 | exercise of its corporate powers. |
| 207 | (g) Acquire, enjoy, use, and dispose of patents, |
| 208 | copyrights, and trademarks and any licenses, royalties, and |
| 209 | other rights or interests thereunder or therein. |
| 210 | (h) Do all acts and things necessary or convenient to |
| 211 | carry out the powers granted to it. |
| 212 | (i) Use the state seal, notwithstanding the provisions of |
| 213 | s. 15.03, Florida Statutes, when appropriate, to establish that |
| 214 | the corporation is the principal alternative energy technology |
| 215 | organization for the state, and for other standard corporate |
| 216 | identity applications. Use of the state seal may not replace use |
| 217 | of a corporate seal as provided in this subsection. |
| 218 | (j) Invest any funds unspent at the end of the fiscal year |
| 219 | to maximize the use of those funds. |
| 220 | (k) Procure insurance or require bond against any loss in |
| 221 | connection with the property of the corporation and its board of |
| 222 | directors or working groups, in such amounts and from such |
| 223 | insurers as is necessary or desirable. |
| 224 | (l) Create and dissolve advisory committees, task forces, |
| 225 | or similar working groups as necessary to carry out the |
| 226 | corporation's mission. Members of such groups shall serve |
| 227 | without compensation but may be reimbursed for reasonable, |
| 228 | necessary, and actual expenses, as determined by the |
| 229 | corporation's board of directors. |
| 230 | (m) Solicit input from the public, organizations concerned |
| 231 | about energy in this state, and experts in the field. |
| 232 | (15) The powers granted to the corporation shall be |
| 233 | liberally construed so that the corporation may aggressively |
| 234 | pursue its purpose of being the principal alternative energy |
| 235 | technology organization for the state. |
| 236 | (16) The corporation's board of directors must appoint a |
| 237 | corporate president and establish and adjust the president's |
| 238 | compensation. The president is the chief administrative and |
| 239 | operational officer of the board of directors and of the |
| 240 | corporation, and directs and supervises the administrative |
| 241 | affairs of the board and each working group created by the |
| 242 | board. The board of directors may delegate to its president |
| 243 | those powers and responsibilities it deems appropriate, except |
| 244 | for the appointment of a president. |
| 245 | (17) The board of directors and officers of the |
| 246 | corporation are responsible for the prudent use of all public |
| 247 | and private funds that the corporation controls and must ensure |
| 248 | that the use of such funds is in accordance with applicable |
| 249 | laws, bylaws, and contractual requirements. An employee of the |
| 250 | corporation may not receive compensation for employment which |
| 251 | exceeds the salary paid to the Governor, unless the board of |
| 252 | directors and the employee have executed a contract that |
| 253 | prescribes specific, measurable performance outcomes for the |
| 254 | employee, the satisfaction of which provides the basis for the |
| 255 | award of incentive payments that increase the employee's total |
| 256 | compensation to a level above the salary paid to the Governor. |
| 257 | (18) The credit of the State of Florida may not be pledged |
| 258 | on behalf of the corporation. |
| 259 | (19) In addition to any indemnification available under |
| 260 | chapter 617, Florida Statutes, the corporation may indemnify, |
| 261 | and purchase and maintain insurance on behalf of, its directors, |
| 262 | officers, employees, or working-group members against personal |
| 263 | liability or accountability for actions taken within the scope |
| 264 | of their employment or authority. |
| 265 | (20) By December 1 of each year, the corporation must |
| 266 | submit an annual report to the Governor, the President of the |
| 267 | Senate, the Speaker of the House of Representatives, and the |
| 268 | chair of the State Board of Education containing: |
| 269 | (a) A detailed description of the corporation's activities |
| 270 | and accomplishments for the year. |
| 271 | (b) An annual financial accounting of resources and |
| 272 | expenditures prepared by an independent certified public |
| 273 | accountant. |
| 274 | (c) A statement of the strategic priorities of the |
| 275 | corporation and their use in guiding resource allocations. |
| 276 | (d) Any recommendations the corporation has for action by |
| 277 | the Legislature or by the agencies of state, county, or |
| 278 | municipal governments to foster research concerning, or |
| 279 | development or deployment of, alternative energy technology. |
| 280 | Section 2. The sum of $500,000 is appropriated from the |
| 281 | General Revenue Fund to the Executive Office of the Governor for |
| 282 | the purpose of funding the activities of the Florida Alternative |
| 283 | Energy Technology Center, Inc., for the 2006-2007 fiscal year. |
| 284 | Section 3. This act shall take effect upon becoming a law. |