1

A bill to be entitled

2

An act relating to the Florida Clean Energy Center, Inc.;

3

providing legislative findings; creating the Florida Clean

4

Energy Center, Inc.; applying specified laws concerning

5

public records and open meetings to the center; requiring

6

that the center be governed by a board of directors;

7

providing for membership on the board of directors;

8

requiring that the center establish, at minimum, an office

9

at the Kennedy Space Center; requiring that the center

10

provide leadership in certain areas concerning clean

11

energy; authorizing the center to develop and implement

12

programs or strategies concerning clean energy;

13

authorizing the center to invest certain public funds for

14

specified purposes; stating legislative intent to maximize

15

private-sector support for the operation of the center;

16

requiring that the center's board of directors annually

17

adopt a plan and budget; specifying various powers and

18

duties of the center's board of directors and the center;

19

authorizing the center to issue revenue bonds or bond

20

anticipation notes under specified conditions; providing

21

criteria concerning the bonds and notes; providing for

22

liberal construction; providing an appropriation;

23

providing an effective date.

24

25

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

26

27

     Section 1. Florida Clean Energy Center, Inc.--

28

     (1) The Legislature finds that there is a critical need to

29

promote and accelerate the development of clean energy sources

30

for this state. To stimulate necessary research and development,

31

it is essential to provide financial and other incentives to

32

qualified private and public entities. This may be best

33

accomplished by creating a state-of-the-art international

34

research center to be located at the Kennedy Space Center. This

35

center shall be constructed under the supervision of Brevard

36

County and managed and operated through a not-for-profit

37

corporation in coordination with the Florida Institute of

38

Technology and other public and private universities.

39

     (2)(a) There is created a not-for-profit corporation, to be

40

known as the "Florida Clean Energy Center, Inc.," which shall be

41

registered, incorporated, organized, and operated in compliance

42

with chapter 617, Florida Statutes, and which is not a unit or

43

entity of state government. The Legislature determines, however,

44

that public policy requires that the Florida Clean Energy Center,

45

Inc., operate in the most open and accessible manner consistent

46

with its public purpose. To this end, the center and its boards

47

and advisory committees or similar groups are subject to chapters

48

119 and 286, Florida Statutes, except as specifically exempted.

49

     (b) The Florida Clean Energy Center, Inc., shall be

50

governed by a board of directors whose members are the individual

51

County Commissioners of Brevard County, or the designees of

52

individual commissioners. The center shall establish one or more

53

corporate offices, one of which shall be located in Brevard

54

County at the Kennedy Space Center.

55

     (3) Florida Clean Energy Center, Inc., shall provide

56

leadership in the development of clean energy in this state by

57

aggressively establishing a unified approach to the state's

58

efforts to meet the current crises concerning clean energy and by

59

aggressively marketing this state as a probusiness location for

60

potential new investment in clean energy. In support of this

61

effort, the center may develop and implement specific programs or

62

strategies that address the creation, expansion, and retention of

63

businesses involved in clean energy and the recruitment of

64

worldwide businesses that promote clean alternative energy

65

solutions.

66

     (4)(a) The public funds appropriated for the operation of

67

the Florida Clean Energy Center, Inc., may be invested in public-

68

private partnerships to enhance clean energy research, to

69

encourage investments in clean energy which create jobs, and to

70

create new employment opportunities for residents. This policy is

71

the Legislature's priority consideration when reviewing the

72

return on investment for the Florida Clean Energy Center, Inc.

73

     (b) It is further the intent of the Legislature to maximize

74

private-sector support in operating the Florida Clean Energy

75

Center, Inc., as an endorsement of the center's value and as an

76

enhancement of the center's efforts.

77

     (c) The board of directors of the Florida Clean Energy

78

Center, Inc., shall adopt for each upcoming fiscal year a plan

79

for securing private-sector support and an operating budget for

80

the center which specifies the intended uses of the state and

81

local funds invested in its operation.

82

     (5) The board of directors of the Florida Clean Energy

83

Center, Inc., shall have the power and duty to:

84

     (a) Construct a state-of-the-art facility for clean energy

85

research at the Kennedy Space Center. This center shall be

86

constructed under the supervision of Brevard County and managed

87

and operated by the center in coordination with the Florida

88

Institute of Technology and other public and private

89

universities.

90

     (b) Secure funding for the center's programs, activities,

91

and boards from federal, state, local, and private sources and

92

from fees charged for services.

93

     (c) Solicit, receive, hold, invest, and administer any

94

grant, payment, or gift of funds or property. This includes, but

95

is not limited to, the receipt of tax increment financing from ad

96

valorem taxes imposed upon leaseholds of tenants at the center.

97

     (d) Make expenditures consistent with the powers granted to

98

it.

99

     (e) Make and enter into contracts and other instruments

100

necessary or convenient for the exercise of its powers and

101

functions. This includes, but is not limited to, entering into a

102

contract with the Florida Institute of Technology to plan,

103

operate, and manage the center in cooperation with the University

104

of Central Florida, Embry Riddle, and Florida Atlantic

105

University.

106

     (f) Sue and be sued, and appear and defend in all actions

107

and proceedings in its corporate name to the same extent as a

108

natural person.

109

     (g) Elect or appoint such officers and agents as its

110

affairs require and allow them reasonable compensation.

111

     (h) Adopt, amend, and repeal bylaws, not inconsistent with

112

the powers granted to it or the articles of incorporation, for

113

the administration of the center's affairs and the exercise of

114

the center's corporate powers.

115

     (i) Acquire, enjoy, use, and dispose of patents,

116

copyrights, and trademarks and any licenses, royalties, and other

117

rights or interests thereunder or therein.

118

     (j) Do all acts and things necessary or convenient to carry

119

out the powers granted to it.

120

     (k) Carry forward any unexpended appropriations from the

121

state into succeeding fiscal years.

122

     (l) Procure insurance or require bond against any loss in

123

connection with the property of the center or its boards in such

124

amounts and from such insurers as is necessary or desirable.

125

     (m) Create and dissolve advisory committees, working

126

groups, task forces, or similar organizations as necessary to

127

carry out the center's mission. Members of any such organizations

128

created by the center or its board of directors shall serve

129

without compensation, but are entitled to reimbursement for

130

reasonable, necessary, and actual expenses, as determined by the

131

board.

132

     (6) In addition to all other powers and authority not

133

explicitly prohibited by law, the center has the following powers

134

and duties:

135

     (a) Enter into interlocal agreements under s. 163.01(7),

136

Florida Statutes, with public agencies of this state for the

137

exercise of any power, privilege, or authority consistent with

138

the purposes of this section.

139

     (b) Issue from time to time revenue bonds, including, but

140

not limited to, bonds the interest on which is exempt from

141

federal income taxation, for the purpose of constructing,

142

operating, and improving the center, and exercise all powers in

143

connection with the authorization, issuance, and sale of bonds,

144

subject to the provisions of s. 288.9606, Florida Statutes.

145

     (c) Issue bond anticipation notes in connection with the

146

authorization, issuance, and sale of any such revenue bonds,

147

pursuant to the provisions of s. 288.9606, Florida Statutes.

148

     (d) Disseminate information about itself and its

149

activities.

150

     (e) Acquire, by purchase, lease, option, gift, grant,

151

bequest, devise, or otherwise, real property or personal property

152

for its administrative purposes, together with any improvements

153

thereon.

154

     (f) Hold, improve, clear, or prepare for development any

155

such property.

156

     (g) Mortgage, pledge, hypothecate, or otherwise encumber or

157

dispose of any real or personal property.

158

     (h) Insure or provide for insurance of any real or personal

159

property or operations of the center or any private enterprise

160

against any risks or hazards, including the power to pay premiums

161

on any such insurance.

162

     (i) Establish and fund a guaranty fund.

163

     (j) Borrow money and apply for or accept advances, loans,

164

grants, contributions, and any other form of financial assistance

165

from the Federal Government, the state, a county, another public

166

body, or any other source, public or private, for the purposes of

167

this section. This includes giving such security as may be

168

required in connection with such borrowing, application, or

169

acceptance and entering into and carrying out contracts or

170

agreements in connection therewith. The center may include

171

conditions in a contract for financial assistance with the

172

Federal Government for, or with respect to, any purposes under

173

this section if the conditions are required for compliance with a

174

federal law, not inconsistent with this section and deemed

175

reasonable by the county or municipality.

176

     (k) Make or have all surveys and plans necessary to carry

177

out the purposes of this section. This includes adopting,

178

approving, modifying, or amending any such plan or survey and

179

contracting with any person, public or private, in making and

180

implementing any such plan or survey.

181

     (l) Develop, test, and report methods and techniques and

182

carry out demonstrations and other activities to promote any

183

purpose of this section.

184

     (m) Make expenditures necessary to carry out the purposes

185

of this section.

186

     (7)(a) From time to time, when authorized by its board of

187

directors, the Center for Clean Energy, Inc., may in its

188

corporate capacity issue revenue bonds or other evidence of

189

indebtedness that a public agency has the power to issue in order

190

to finance the undertaking of any purpose of this section,

191

including, without limiting the generality thereof, the payment

192

of principal and interest upon any advances for surveys and plans

193

or preliminary loans, and may issue refunding bonds for the

194

payment or retirement of bonds previously issued. The security

195

for such revenue bonds or refunding bonds may be based upon such

196

revenues as are legally available. In anticipation of the sale of

197

such revenue bonds, the center may issue bond anticipation notes

198

and may renew such notes from time to time; however, the maximum

199

maturity of any such note, including renewals thereof, may not

200

exceed 5 years following the date of issuance of the original

201

note. Any such anticipation note or renewal shall be paid from

202

any revenues of the corporation available therefor and not

203

otherwise pledged or from the proceeds of sale of the revenue

204

bonds that were issued in anticipation of such proceeds. Any

205

bond, note, or other form of indebtedness issued pursuant to this

206

section shall mature no later than the end of the 30th fiscal

207

year after the fiscal year in which the bond, note, or other form

208

of indebtedness was issued.

209

     (b) Bonds issued under this subsection do not constitute an

210

indebtedness within the meaning of any constitutional or

211

statutory debt limitation or restriction and are not subject to

212

any other law or charter relating to the authorization, issuance,

213

or sale of bonds.

214

     (c) Bonds issued under this subsection are declared to be

215

for an essential public and governmental purpose.

216

     (d) The interest on bonds issued under this subsection and

217

the interest or income earned on such interest is exempt from

218

income taxes of the United States and all taxes.

219

     (8) The Legislature intends that the powers of the center

220

created by this section be liberally construed to achieve the

221

purposes and goals of the section.

222

     Section 2. The sum of $50 million is appropriated from the

223

General Revenue Fund to the Clean Energy Center, Inc., for the

224

purpose of paying for the plans, design, and construction of the

225

Clean Energy Center. This sum is inclusive of any other grant or

226

award of a contract by a state agency under an existing program

227

to the center for this purpose.

228

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