Florida Senate - 2009                                    SB 1152
       
       
       
       By Senator King
       
       
       
       
       8-00994-09                                            20091152__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Energy and Climate
    3         Commission; amending s. 377.6015, F.S.; providing that
    4         terms for members of the Florida Energy and Climate
    5         Commission begin and end on specified dates; providing
    6         an effective date.
    7         
    8  Be It Enacted by the Legislature of the State of Florida:
    9         
   10         Section 1. Paragraph (a) of subsection (1) of section
   11  377.6015, Florida Statutes, is amended to read:
   12         377.6015 Florida Energy and Climate Commission.—
   13         (1) The Florida Energy and Climate Commission is created
   14  within the Executive Office of the Governor. The commission
   15  shall be comprised of nine members appointed by the Governor,
   16  the Commissioner of Agriculture, and the Chief Financial
   17  Officer.
   18         (a) The Governor shall appoint one member from three
   19  persons nominated by the Florida Public Service Commission
   20  Nominating Council, created in s. 350.031, to each of seven
   21  seats on the commission. The Commissioner of Agriculture shall
   22  appoint one member from three persons nominated by the council
   23  to one seat on the commission. The Chief Financial Officer shall
   24  appoint one member from three persons nominated by the council
   25  to one seat on the commission.
   26         1. The council shall submit the recommendations to the
   27  Governor, the Commissioner of Agriculture, and the Chief
   28  Financial Officer by September 1 of those years in which the
   29  terms are to begin the following October or within 60 days after
   30  a vacancy occurs for any reason other than the expiration of the
   31  term. The Governor, the Commissioner of Agriculture, and the
   32  Chief Financial Officer may proffer names of persons to be
   33  considered for nomination by the council.
   34         2. The Governor, the Commissioner of Agriculture, and the
   35  Chief Financial Officer shall fill a vacancy occurring on the
   36  commission by appointment of one of the applicants nominated by
   37  the council only after a background investigation of such
   38  applicant has been conducted by the Department of Law
   39  Enforcement.
   40         3. Members shall be appointed to 3-year terms; however, in
   41  order to establish staggered terms, for the initial
   42  appointments, the Governor shall appoint four members to 3-year
   43  terms, two members to 2-year terms, and one member to a 1-year
   44  term, and the Commissioner of Agriculture and the Chief
   45  Financial Officer shall each appoint one member to a 3-year term
   46  and shall appoint a successor when that appointee's term expires
   47  in the same manner as the original appointment. The terms of
   48  members shall begin on October 1 and end on September 30.
   49         4. The Governor shall select from the membership of the
   50  commission one person to serve as chair.
   51         5. A vacancy on the commission shall be filled for the
   52  unexpired portion of the term in the same manner as the original
   53  appointment.
   54         6. If the Governor, the Commissioner of Agriculture, or the
   55  Chief Financial Officer has not made an appointment within 30
   56  consecutive calendar days after the receipt of the
   57  recommendations, the council shall initiate, in accordance with
   58  this section, the nominating process within 30 days.
   59         7. Each appointment to the commission shall be subject to
   60  confirmation by the Senate during the next regular session after
   61  the vacancy occurs. If the Senate refuses to confirm or fails to
   62  consider the appointment of the Governor, the Commissioner of
   63  Agriculture, or the Chief Financial Officer, the council shall
   64  initiate, in accordance with this section, the nominating
   65  process within 30 days.
   66         8. The Governor or the Governor's successor may recall an
   67  appointee.
   68         Section 2. This act shall take effect July 1, 2009.