Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 1544
645464
Senate
Comm: FAV
3/19/2008
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House
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The Committee on Environmental Preservation and Conservation
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(Saunders) recommended the following amendment to amendment
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(223658):
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Senate Amendment (with directory and title amendments)
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Delete line(s) 1567-1568
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and insert:
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Section 25. Section 377.901, Florida Statutes, is amended
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to read:
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377.901 Florida Energy Commission.--
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(1) The Florida Energy Commission is created and shall be
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located within the Office of Legislative Services Executive
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Office of the Governor for administrative purposes. The
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commission shall be comprised of a total of nine members.
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(a) The members shall be appointed as follows: seven by the
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Governor and one each by the Commissioner of Agriculture and
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Consumer Services and the Chief Financial Officer. The Governor
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shall select the chair of the commission from his or her
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appointments the President of the Senate and the Speaker of the
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House of Representatives shall appoint four members each and
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shall jointly appoint the ninth member, who shall serve as chair.
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Members shall be appointed to 3 2-year terms; however, in order
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to establish staggered terms, for the initial appointments, three
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of the appointments by the Governor and each of those by the
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Commissioner of Agriculture and Consumer Services and the Chief
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Financial Officer shall serve a 2-year term each appointing
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official shall appoint two members to a 1-year term and two
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members to a 2-year term.
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(b) The appointees to the commission shall be selected, from
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a list of persons nominated by the Florida Public Service
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Commission Nominating Council, created in s. 350.031. The
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council shall, at a minimum, submit three names for every
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vacancy. The council shall not link names to any specific
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vacancy on the commission.
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1. The Governor, Commissioner of Agriculture and Consumer
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Services and the Chief Financial Officer may submit prospective
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names to the council for their consideration.
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2. The council shall submit the list of nominees to the
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Governor by September 1 of those years in which the terms are to
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begin the following October, or within 60 days after a vacancy
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occurs for any reason other than the expiration of the term.
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3. Upon receipt of the nominees the Governor shall make his
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or her selections. After the Governor has selected his or her
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nominees the list shall be given to the Commissioner of
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Agriculture and Consumer Services and the Chief Financial Officer
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whom shall make their selections.
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4. The appointing offices shall fill a vacancy occurring on
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the commission by appointment of one of the applicants nominated
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by the council only after a background investigation of such
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applicant has been conducted by the Florida Department of Law
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Enforcement.
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5. Vacancies on the commission shall be filled for the
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unexpired portion of the time in the same manner as original
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appointments to the commission.
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6. If the appointing offices have not made an appointment
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within 30 consecutive calendar days after the receipt of the
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recommendations, the council shall initiate, in accordance with
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this section, the nominating process within 30 days.
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7. Each appointment to the commission shall be subject to
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confirmation by the Senate during the next regular session after
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the vacancy occurs. If the Senate refuses to confirm or fails to
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consider the appointment, the council shall initiate, in
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accordance with this section, the nominating process within 30
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days.
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8. The Governor, Commissioner of Agriculture and Consumer
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Services, or the Chief Financial Officer or their successors may
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recall an appointee.
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(c) Members must meet the following qualifications and
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restrictions:
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1. A member must be an expert in one or more of the
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following fields: energy, natural resource conservation,
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economics, engineering, finance, law, consumer protection, state
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energy policy, transportation and land use, or another field
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substantially related to the duties and functions of the
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commission. The commission shall fairly represent the fields
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specified in this subparagraph.
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2. Each member shall, at the time of appointment and at
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each commission meeting during his or her term of office,
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disclose:
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a. Whether he or she has any financial interest, other than
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ownership of shares in a mutual fund, in any business entity
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that, directly or indirectly, owns or controls, or is an
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affiliate or subsidiary of, any business entity that may profit
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by the policy recommendations developed by the commission.
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b. Whether he or she is employed by or is engaged in any
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business activity with any business entity that, directly or
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indirectly, owns or controls, or is an affiliate or subsidiary
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of, any business entity that may profit by the policy
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recommendations developed by the commission.
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(d)(b) The following may also attend meetings and provide
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information and advise at the request of the chair:
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1. The chair of the Florida Public Service Commission, or
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his or her designee.
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2. The Public Counsel, or his or her designee.
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3. The Commissioner of Agriculture, or his or her designee.
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34. The Director of the Office of Insurance Regulation, or
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his or her designee.
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45. The State Surgeon General, or his or her designee.
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56. The chair of the State Board of Education, or his or
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her designee.
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67. The Secretary of Community Affairs, or his or her
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designee.
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78. The Secretary of Transportation, or his or her
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designee.
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89. The Secretary of Environmental Protection, or his or
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her designee.
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(2) Members shall serve without compensation but are
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entitled to reimbursement for per diem and travel expenses as
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provided in s. 112.061.
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(3) Meetings of the commission shall be held in various
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locations around the state and at the call of the chair; however,
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the commission must meet at least four times twice each year.
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(4)(a) The commission may employ staff to assist in the
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performance of its duties, including an executive director, an
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attorney, a communications staff member, and an executive
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assistant.
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(b) The commission may form advisory groups consisting of
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members of the public to provide information on specific issues.
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(5) The commission shall develop recommendations for
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legislation to establish a state energy policy. The
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recommendations of the commission shall be based on the guiding
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principles of reliability, efficiency, affordability, and
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diversity as provided in subsection (7). The commission shall
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continually review the state energy policy and shall recommend to
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the Legislature any additional necessary changes or improvements.
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(6)(a) The commission shall report by December 31 of each
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year to the President of the Senate and the Speaker of the House
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of Representatives on its progress and recommendations, including
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draft legislation.
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(b) The commission's initial report must be filed by
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December 31, 2007, and must identify incentives for research,
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development, or deployment projects involving the goals and
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issues set forth in this section; set forth policy
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recommendations for conservation of all forms of energy; and set
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forth a plan of action, together with a timetable, for addressing
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additional issues.
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(c) The commission's initial report shall also recommend
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consensus-based public-involvement processes that evaluate
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greenhouse gas emissions in this state and make recommendations
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regarding related economic, energy, and environmental benefits.
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(d) The report must include recommended steps and a
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schedule for the development of a comprehensive state climate
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action plan with greenhouse gas reduction through a public-
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involvement process, including transportation and land use; power
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generation; residential, commercial, and industrial activities;
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waste management; agriculture and forestry; emissions-reporting
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systems; and public education.
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(7) In developing its recommendations, the commission shall
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be guided by the principles of reliability, efficiency,
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affordability, and diversity, and more specifically as follows:
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(a) The state should have a reliable electric supply with
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adequate reserves.
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(b) The transmission and delivery of electricity should be
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reliable.
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(c) The generation, transmission, and delivery of
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electricity should be accomplished with the least detriment to
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the environment and public health.
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(d) The generation, transmission, and delivery of
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electricity should be accomplished compatibly with the goals for
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growth management.
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(e) Electricity generation, transmission, and delivery
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facilities should be reasonably secure from damage, taking all
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factors into consideration, and recovery from damage should be
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prompt.
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(f) Electric rates should be affordable, as to base rates
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and all recovery-clause additions, with sufficient incentives for
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utilities to achieve this goal.
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(g) The state should have a reliable supply of motor
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vehicle fuels, both under normal circumstances and during
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hurricanes and other emergency situations.
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(h) In-state research, development, and deployment of
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alternative energy technologies and alternative motor vehicle
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fuels should be encouraged.
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(i) When possible, the resources of the state should be
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used in achieving the goals enumerated in this subsection.
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(j) Consumers of energy should be encouraged and given
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incentives to be more efficient in their use of energy.
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(8) The Commission shall also:
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(a) Complete the annual assessment of the efficacy of
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Florida's Energy and Climate Change Action Plan, upon completion
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by the Governor's Action Team on Energy and Climate Change,
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pursuant to the Governor's Executive Order 2007-128, and provide
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specific recommendations to the Governor and the Legislature each
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year, as part of its annual reporting requirements, to improve
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results.
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(b) Advocate for energy and climate change issues and
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provide educational outreach and technical assistance in
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cooperation with Florida's academic institutions and the Florida
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Energy Systems Consortium.
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It is the specific intent of the Legislature that nothing in this
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section shall in any way change the powers, duties, and
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responsibilities of the Public Service Commission or the powers,
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duties, and responsibilities assigned by the Florida Electrical
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Power Plant Siting Act, ss. 403.501-403.518.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete line(s) 2310
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and insert:
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program; amending s. 377.901, F.S.; changing appointment
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criteria; providing additional duties; deleting outdated
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provisions; creating s. 403.44, F.S.; creating the
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Florida..
3/19/2008 10:49:00 AM EP.EP.05357
CODING: Words stricken are deletions; words underlined are additions.