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 public benefit corporation;
5providing a definition; requiring compliance with public
6meetings and records laws; providing for the organization
7and purpose of the corporation; establishing a corporate
8office; providing for a board of directors of the
9corporation; specifying the powers and duties of the
10board; authorizing investments and the issuance of certain
11bonds; prohibiting private individuals from benefiting
12from corporate benefits and earnings; providing for
13dissolution of the corporation; requiring an annual
14report; providing construction; providing an effective
15date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  (1)  LEGISLATIVE FINDINGS.--The Legislature
20finds that:
21     (a)  It is in the public interest to promote energy-related
22research and development of advanced combustion technologies and
23that such activities can make the state a leader in combustion
24technologies as well as encourage investment and economic
25development in this state.
26     (b)  A Brevard County location and a relationship with
27Kennedy Space Center and its facilities, scientific workforce,
28and technical expertise will promote international participation
29in helping solve the energy problems facing the state and
30nation.
31     (c)  The fulfillment of the purposes of the corporation
32promotes the health, safety, and general welfare of the people
33of the state and serves as essential governmental functions and
34a paramount public purpose.
35     (2)  CREATION; PUBLIC RECORDS AND MEETINGS REQUIREMENTS.--
36     (a)  There is created a not-for-profit public benefit
37corporation, to be known as the Florida Advanced Combustion
38Center, Inc., which shall have all the powers of corporations
39organized under chapters 607 and 617, Florida Statutes, and
40which shall not be a unit, agency, or entity of state
41government. As used in this act, the term "corporation" means
42the Florida Advanced Combustion Center, Inc.
43     (b)  The Legislature determines that public policy dictates
44that the Florida Advanced Combustion Center, Inc., operate in
45the most open and accessible manner consistent with its public
46purpose. To this end, the Legislature specifically declares that
47the Florida Advanced Combustion Center, Inc., and its boards and
48advisory committees or similar groups are subject to the
49provisions of chapter 119, Florida Statutes, relating to public
50records and those provisions of chapter 286, Florida Statutes,
51relating to public meetings and records, except those
52specifically exempted as trade secrets.
53     (3)  OFFICES.--The corporation shall establish one or more
54corporate offices, one of which shall be located in Brevard
55County at or near Kennedy Space Center.
56     (4)  BOARD OF DIRECTORS.--The corporation shall be governed
57by a board of directors as follows:
58     (a)  Appointment and terms.--The board shall consist of
59seven persons who are residents of Brevard County. The Brevard
60County Legislative Delegation shall nominate five candidates for
61each board vacancy, and the Governor shall appoint members of
62the board from the nominees. Two members shall be members of the
63Brevard County Board of County Commissioners, appointed by the
64commission. Of the members first appointed, two shall serve for
652 years and the remainder for 4 years, and in each case until a
66successor is appointed and has qualified. Thereafter, the
67Governor shall appoint each member for 4 years unless a vacancy
68occurs during a member's term, which the Governor shall be
69authorized to fill for the remainder of the member's term. The
70Governor may remove any member for misfeasance, malfeasance, or
71willful neglect of duty. Before entering upon his or her duties,
72each member of the board shall take and subscribe the oath or
73affirmation required by the State Constitution.
74     (b)  Powers and duties.--The board of directors of the
75corporation shall have all the powers of a corporate body under
76the laws of this state, including the power and duty to:
77     1.  Construct a state-of-the-art research facility at or
78near Kennedy Space Center.
79     2.  Contract with a research university located in Brevard
80County to plan, operate, and manage the corporation's facility.
81     3.  Enter into interlocal agreements pursuant to s. 163.01,
82Florida Statutes, with public agencies of this state for the
83exercise of any power, privilege, or authority consistent with
84the purposes of this act.
85     4.  Secure funding for programs and activities of the
86corporation and its boards from federal, state, local, and
87private sources and from fees charged for services and solicit,
88receive, hold, invest, and administer any grant, payment, or
89gift of funds or property and make expenditures consistent with
90the powers granted to it, including the receipt of tax increment
91revenues from any source.
92     5.  Sue and be sued, and appear and defend in all actions
93and proceedings, in its corporate name to the same extent as a
94natural person.
95     6.  Elect or appoint officers and agents as its affairs
96require and allow them reasonable compensation.
97     7.  Adopt, amend, and repeal bylaws, not inconsistent with
98the powers granted to it or the articles of incorporation, for
99the administration of the affairs of the corporation and the
100exercise of its corporate powers.
101     8.  Acquire, enjoy, use, and dispose of patents,
102copyrights, and trademarks and any licenses, royalties, and
103other rights or interests thereunder or therein.
104     9.  Do all acts and things necessary or convenient to carry
105out the powers granted to it.
106     10.  Carry forward any unexpended state appropriations into
107succeeding fiscal years.
108     11.  Procure insurance or require bond against any loss in
109connection with the property of the corporation and its board of
110directors or working groups, in such amounts and from such
111insurers as is necessary or desirable.
112     12.  Insure or provide for insurance of any real or
113personal property or operations of the corporation or any
114private enterprise against any risks or hazards, including the
115power to pay premiums on any such insurance.
116     13.  Create and dissolve advisory committees, working
117groups, task forces, or similar organizations, as necessary to
118carry out the mission of the corporation. Members of such groups
119shall serve without compensation but may be reimbursed for
120reasonable, necessary, and actual expenses, as determined by the
121corporation's board of directors.
122     14.  Disseminate information about itself and its
123activities.
124     15.  Acquire, by purchase, lease, option, gift, grant,
125bequest, devise, or otherwise, real property, or personal
126property for its administrative purposes, together with any
127improvements thereon.
128     16.  Hold, improve, clear, or prepare for development any
129such property.
130     17.  Mortgage, pledge, hypothecate, or otherwise encumber
131or dispose of any real or personal property.
132     18.  Insure or provide for insurance of any real or
133personal property or operations of the corporation or any
134private enterprise against any risks or hazards, including the
135power to pay premiums on any such insurance.
136     19.  Establish and fund a guaranty fund.
137     20.  Borrow money and apply for and accept advances, loans,
138grants, contributions, and any other form of financial
139assistance from the Federal Government or the state, county, or
140other public body or from any sources, public or private, for
141the purposes of this act and give such security as may be
142required and enter into and carry out contracts or agreements in
143connection therewith, and include in any contract for financial
144assistance with the Federal Government for, or with respect to,
145any purposes under this act and related activities such
146conditions imposed pursuant to federal laws and deemed as
147reasonable and appropriate which are not inconsistent with the
148provisions of this act.
149     21.  Make or have all surveys and plans necessary for the
150carrying out of the purposes of this act, contract with any
151person, public or private, in making and carrying out such
152plans, and adopt, approve, modify, and amend such plans.
153     22.  Develop, test, and report methods and techniques and
154carry out demonstrations and other activities for the promotion
155of any of the purposes of this act.
156     23.  Make expenditures necessary to carry out the purposes
157of this act.
158     24.  Make and execute any leases, contracts, trust
159agreements, and other instruments and agreements, with public or
160private entities, necessary or convenient to accomplish the
161purposes of this act, including the execution of interest rate
162swaps, hedges, and other interest rate management contracts and
163derivative products.
164     (5)  FINANCES.--In performing its functions, the
165corporation shall take all possible steps to ensure the maximum
166benefit to the state, including, but not limited to,
167establishing strategic priorities, consistent with the findings
168of this act, to guide funding allocations and ensure the
169efficient use of available resources.
170     (a)  When authorized by the board, the corporation has
171power in its corporate capacity, in its discretion, to issue
172revenue bonds or other evidences of indebtedness which a public
173agency has the power to issue from time to time to finance the
174undertaking of any purpose of this act, including, without
175limiting the generality thereof, the payment of principal and
176interest upon any advances for surveys and plans or preliminary
177loans, and has the power to issue refunding bonds for the
178payment or retirement of bonds previously issued. The security
179for such bonds may be based upon such revenues as are legally
180available.
181     (b)  In anticipation of the sale of such revenue bonds, the
182corporation may issue bond anticipation notes and may renew such
183notes from time to time, but the maximum maturity of any such
184note, including renewals thereof, may not exceed 5 years after
185the date of issuance of the original note. Such notes shall be
186paid from any revenues of the corporation available therefor and
187not otherwise pledged or from the proceeds of sale of the
188revenue bonds in anticipation of which they were issued.
189     (c)  Any bond, note, or other form of indebtedness issued
190pursuant to this act shall mature no later than the end of the
19130th fiscal year after the fiscal year in which the bond, note,
192or other form of indebtedness was issued.
193     (d)  Bonds issued under this act do not constitute an
194indebtedness within the meaning of any constitutional or
195statutory debt limitation or restriction and are not subject to
196the provisions of any other law or charter relating to the
197authorization, issuance, or sale of bonds. Bonds issued under
198the provisions of this act are declared to be for an essential
199public and governmental purpose. Bonds issued under this act,
200together 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.