CS/HB 1549

1
A bill to be entitled
2An act relating to Brevard County; providing legislative
3findings; creating the Florida Advanced Combustion Center,
4Inc., as a not-for-profit corporation; providing a
5definition; requiring compliance with public meetings and
6records laws; providing for the organization and purpose
7of the corporation; establishing a corporate office;
8providing for a board of directors of the corporation;
9specifying the powers and duties of the board; authorizing
10investments and the issuance of certain bonds; prohibiting
11private individuals from benefiting from corporate
12benefits and earnings; providing for dissolution of the
13corporation; requiring an annual report; providing
14construction; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  (1)  LEGISLATIVE FINDINGS.--The Legislature
19finds that:
20     (a)  It is in the public interest to promote energy-related
21research and development of advanced combustion technologies and
22that such activities can make the state a leader in combustion
23technologies as well as encourage investment and economic
24development in this state.
25     (b)  A Brevard County location and a relationship with
26Kennedy Space Center and its facilities, scientific workforce,
27and technical expertise will promote international participation
28in helping solve the energy problems facing the state and
29nation.
30     (c)  The fulfillment of the purposes of the corporation
31promotes the health, safety, and general welfare of the people
32of the state and serves as essential governmental functions and
33a paramount public purpose.
34     (2)  CREATION; PUBLIC RECORDS AND MEETINGS REQUIREMENTS.--
35     (a)  There is created a not-for-profit corporation, to be
36known as the Florida Advanced Combustion Center, Inc., which
37shall have all the powers of corporations organized under
38chapters 607 and 617, Florida Statutes, and which shall not be a
39unit, agency, or entity of state government. As used in this
40act, the term "corporation" means the Florida Advanced
41Combustion Center, Inc.
42     (b)  The Legislature determines that public policy dictates
43that the Florida Advanced Combustion Center, Inc., operate in
44the most open and accessible manner consistent with its public
45purpose. To this end, the Legislature specifically declares that
46the Florida Advanced Combustion Center, Inc., and its boards and
47advisory committees or similar groups are subject to the
48provisions of chapter 119, Florida Statutes, relating to public
49records and those provisions of chapter 286, Florida Statutes,
50relating to public meetings and records, except those
51specifically exempted as trade secrets.
52     (3)  OFFICES.--The corporation shall establish one or more
53corporate offices, one of which shall be located in Brevard
54County at or near Kennedy Space Center.
55     (4)  BOARD OF DIRECTORS.--The corporation shall be governed
56by a board of directors as follows:
57     (a)  Appointment and terms.--The board shall consist of
58seven persons who are residents of Brevard County. The Brevard
59County Legislative Delegation shall nominate five candidates for
60each board vacancy, and the Governor shall appoint members of
61the board from the nominees. Two members shall be members of the
62Brevard County Board of County Commissioners, appointed by the
63commission. Of the members first appointed, two shall serve for
642 years and the remainder for 4 years, and in each case until a
65successor is appointed and has qualified. Thereafter, the
66Governor shall appoint each member for 4 years unless a vacancy
67occurs during a member's term, which the Governor shall be
68authorized to fill for the remainder of the member's term. The
69Governor may remove any member for misfeasance, malfeasance, or
70willful neglect of duty. Before entering upon his or her duties,
71each member of the board shall take and subscribe the oath or
72affirmation required by the State Constitution.
73     (b)  Powers and duties.--The board of directors of the
74corporation shall have all the powers of a corporate body under
75the laws of this state, including the power and duty to:
76     1.  Construct a state-of-the-art research facility at or
77near Kennedy Space Center.
78     2.  Contract with a research university located in Brevard
79County to plan, operate, and manage the corporation's facility.
80     3.  Enter into interlocal agreements pursuant to s. 163.01,
81Florida Statutes, with public agencies of this state for the
82exercise of any power, privilege, or authority consistent with
83the purposes of this act.
84     4.  Secure funding for programs and activities of the
85corporation and its boards from federal, state, local, and
86private sources and from fees charged for services and solicit,
87receive, hold, invest, and administer any grant, payment, or
88gift of funds or property and make expenditures consistent with
89the powers granted to it, including the receipt of tax increment
90revenues from any source.
91     5.  Sue and be sued, and appear and defend in all actions
92and proceedings, in its corporate name to the same extent as a
93natural person.
94     6.  Elect or appoint officers and agents as its affairs
95require and allow them reasonable compensation.
96     7.  Adopt, amend, and repeal bylaws, not inconsistent with
97the powers granted to it or the articles of incorporation, for
98the administration of the affairs of the corporation and the
99exercise of its corporate powers.
100     8.  Acquire, enjoy, use, and dispose of patents,
101copyrights, and trademarks and any licenses, royalties, and
102other rights or interests thereunder or therein.
103     9.  Do all acts and things necessary or convenient to carry
104out the powers granted to it.
105     10.  Carry forward any unexpended state appropriations into
106succeeding fiscal years.
107     11.  Procure insurance or require bond against any loss in
108connection with the property of the corporation and its board of
109directors or working groups, in such amounts and from such
110insurers as is necessary or desirable.
111     12.  Insure or provide for insurance of any real or
112personal property or operations of the corporation or any
113private enterprise against any risks or hazards, including the
114power to pay premiums on any such insurance.
115     13.  Create and dissolve advisory committees, working
116groups, task forces, or similar organizations, as necessary to
117carry out the mission of the corporation. Members of such groups
118shall serve without compensation but may be reimbursed for
119reasonable, necessary, and actual expenses, as determined by the
120corporation's board of directors.
121     14.  Disseminate information about itself and its
122activities.
123     15.  Acquire, by purchase, lease, option, gift, grant,
124bequest, devise, or otherwise, real property, or personal
125property for its administrative purposes, together with any
126improvements thereon.
127     16.  Hold, improve, clear, or prepare for development any
128such property.
129     17.  Mortgage, pledge, hypothecate, or otherwise encumber
130or dispose of any real or personal property.
131     18.  Insure or provide for insurance of any real or
132personal property or operations of the corporation or any
133private enterprise against any risks or hazards, including the
134power to pay premiums on any such insurance.
135     19.  Establish and fund a guaranty fund.
136     20.  Borrow money and apply for and accept advances, loans,
137grants, contributions, and any other form of financial
138assistance from the Federal Government or the state, county, or
139other public body or from any sources, public or private, for
140the purposes of this act and give such security as may be
141required and enter into and carry out contracts or agreements in
142connection therewith, and include in any contract for financial
143assistance with the Federal Government for, or with respect to,
144any purposes under this act and related activities such
145conditions imposed pursuant to federal laws and deemed as
146reasonable and appropriate which are not inconsistent with the
147provisions of this act.
148     21.  Make or have all surveys and plans necessary for the
149carrying out of the purposes of this act, contract with any
150person, public or private, in making and carrying out such
151plans, and adopt, approve, modify, and amend such plans.
152     22.  Develop, test, and report methods and techniques and
153carry out demonstrations and other activities for the promotion
154of any of the purposes of this act.
155     23.  Make expenditures necessary to carry out the purposes
156of this act.
157     24.  Make and execute any leases, contracts, trust
158agreements, and other instruments and agreements, with public or
159private entities, necessary or convenient to accomplish the
160purposes of this act, including the execution of interest rate
161swaps, hedges, and other interest rate management contracts and
162derivative products.
163     (5)  FINANCES.--In performing its functions, the
164corporation shall take all possible steps to ensure the maximum
165benefit to the state, including, but not limited to,
166establishing strategic priorities, consistent with the findings
167of this act, to guide funding allocations and ensure the
168efficient use of available resources.
169     (a)  When authorized by the board, the corporation has
170power in its corporate capacity, in its discretion, to issue
171revenue bonds or other evidences of indebtedness which a public
172agency has the power to issue from time to time to finance the
173undertaking of any purpose of this act, including, without
174limiting the generality thereof, the payment of principal and
175interest upon any advances for surveys and plans or preliminary
176loans, and has the power to issue refunding bonds for the
177payment or retirement of bonds previously issued. The security
178for such bonds may be based upon such revenues as are legally
179available.
180     (b)  In anticipation of the sale of such revenue bonds, the
181corporation may issue bond anticipation notes and may renew such
182notes from time to time, but the maximum maturity of any such
183note, including renewals thereof, may not exceed 5 years after
184the date of issuance of the original note. Such notes shall be
185paid from any revenues of the corporation available therefor and
186not otherwise pledged or from the proceeds of sale of the
187revenue bonds in anticipation of which they were issued.
188     (c)  Any bond, note, or other form of indebtedness issued
189pursuant to this act shall mature no later than the end of the
19030th fiscal year after the fiscal year in which the bond, note,
191or other form of indebtedness was issued.
192     (d)  Bonds issued under this act do not constitute an
193indebtedness within the meaning of any constitutional or
194statutory debt limitation or restriction and are not subject to
195the provisions of any other law or charter relating to the
196authorization, issuance, or sale of bonds. Bonds issued under
197the provisions of this act are declared to be for an essential
198public and governmental purpose. Bonds issued under this act,
199the interest on which is exempt from income taxes of the United
200States, together with interest thereon and income therefrom, are
201exempted from all taxes.
202     (e)  The credit of the state, Brevard County, or any other
203body with taxing powers may not be pledged on behalf of the
204corporation.
205     (f)  The corporation is exempt from taxation and
206assessments of any nature whatsoever upon its income and any
207property, assets, or revenues acquired, received, or used in the
208furtherance of the purposes provided in this chapter. The
209obligations of the corporation incurred pursuant to paragraph
210(d) and the interest and income thereon and all security
211agreements, letters of credit, liquidity facilities, or other
212obligations or instruments arising out of, entered into in
213connection therewith, or given to secure payment thereof are
214exempt from all taxation, provided such exemption does not apply
215to any tax imposed by chapter 220, Florida Statutes, on the
216interest, income, or profits on debt obligations owned by
217corporations.
218     (g)  The corporation may validate obligations to be
219incurred pursuant to this act and the validity and
220enforceability of any agreements or resolutions of public record
221providing for payments pledged to the payment thereof by
222proceedings under chapter 75, Florida Statutes. The validation
223complaint shall be filed only in the Circuit Court for Brevard
224County. The notice required to be published by s. 75.06, Florida
225Statutes, shall be published in Brevard County, and the
226complaint and order of the circuit court shall be served only on
227the State Attorney for the Eighteenth Judicial Circuit. Sections
22875.04(2) and 75.06(2), Florida Statutes, shall not apply to a
229complaint for validation filed as authorized in this paragraph.
230     (h)  The corporation shall not be deemed to be a special
231district for purposes of chapter 189, Florida Statutes, or a
232unit of local government for purposes of part III of chapter
233218, Florida Statures. The provisions of chapters 120 and 215,
234Florida Statutes, except the limitation on interest rates
235provided by s. 215.84, Florida Statutes, which applies to
236obligations of the corporation issued pursuant to this act, and
237part I of chapter 287, Florida Statutes, except ss. 287.0582 and
238287.0641, Florida Statutes, shall not apply to this act, the
239corporation created in this act, the service contracts entered
240into pursuant to this act, or debt obligations issued by the
241corporation as contemplated in this act.
242     (i)  Notwithstanding any other provision of law, any pledge
243of or other security interest in revenue, money, accounts,
244contract rights, general intangibles, or other personal property
245made or created by the fund or the corporation shall be valid,
246binding, and perfected from the time such pledge is made or
247other security interest attaches without any physical delivery
248of the collateral or further act and the lien of any such pledge
249or other security interest shall be valid, binding, and
250perfected against all parties having claims of any kind in tort,
251contract, or otherwise against the fund or the corporation
252irrespective of whether or not such parties have notice of such
253claims. No instrument by which such a pledge or security
254interest is created nor any financing statement need be recorded
255or filed.
256     (6)  INVESTMENTS; BENEFITS AND EARNINGS.--
257     (a)  The corporation may invest in any of the investments
258authorized by s. 218.415, Florida Statutes.
259     (b)  All bonds of the corporation shall be and constitute
260legal investments without limitation for all public bodies of
261this state; for all banks, trust companies, savings banks,
262savings associations, savings and loan associations, and
263investment companies; for all administrators, executors,
264trustees, and other fiduciaries; for all insurance companies and
265associations and other persons carrying on an insurance
266business; and for all other persons who are now or may hereafter
267be authorized to invest in bonds or other obligations of the
268state and shall be and constitute eligible securities to be
269deposited as collateral for the security of any state, county,
270municipal, or other public funds. This paragraph shall be
271considered as additional and supplemental authority and shall
272not be limited without specific reference to this paragraph.
273     (c)  In no event shall any of the benefits or earnings of
274the corporation inure to the benefit of any private person.
275     (7)  CORPORATE EXISTENCE; DISSOLUTION.--
276     (a)  The corporation and its corporate existence shall
277continue until terminated by law. However, no such law shall
278take effect as long as the corporation has bonds outstanding
279unless adequate provision has been made for the payment of such
280bonds pursuant to the documents authorizing the issuance of such
281bonds.
282     (b)  Upon dissolution of the corporation, title to all
283property owned by the corporation shall vest in Brevard County.
284     (8)  ANNUAL REPORT.--By December 1 each year, the
285corporation shall submit an annual report to the Governor, the
286President of the Senate, and the Speaker of the House of
287Representatives containing:
288     (a)  A detailed description of the corporation's activities
289and accomplishments for the year.
290     (b)  An annual financial accounting of resources and
291expenditures prepared by an independent certified public
292accountant.
293     (c)  A statement of the strategic priorities of the
294corporation and their use in guiding resource allocations.
295     (d)  Any recommendations the corporation has for action by
296the Legislature or by the agencies of state, county, or
297municipal governments to foster research concerning, or
298development or deployment of, advanced combustion technology.
299     (9)  CONSTRUCTION.--The powers granted to the corporation
300shall be liberally construed so that the corporation may achieve
301the purposes and goals of this act.
302     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.