| 1 | A bill to be entitled |
| 2 | An act relating to economic development; amending s. |
| 3 | 288.9602, F.S.; revising legislative findings and |
| 4 | declarations of necessity to emphasize the importance of |
| 5 | the economic activities in counties and municipalities; |
| 6 | providing that the purposes of the Florida Development |
| 7 | Finance Corporation Act may be accomplished by legislation |
| 8 | implementing constitutional provisions allowing local |
| 9 | governments to issue revenue bonds to finance or refinance |
| 10 | the cost of certain capital projects and authorizing new |
| 11 | and innovative means for the investment of public trust |
| 12 | funds; creating s. 366.94, F.S.; authorizing a nonutility |
| 13 | producer of renewable energy to sell electricity to |
| 14 | electricity customers at retail; requiring the Public |
| 15 | Service Commission to adopt rules and submit reports to |
| 16 | the Legislature; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 288.9602, Florida Statutes, is amended |
| 21 | to read: |
| 22 | 288.9602 Findings and declarations of necessity.-The |
| 23 | Legislature finds and declares that: |
| 24 | (1) There is a need to enhance economic activity in the |
| 25 | counties and municipalities of the state by attracting |
| 26 | manufacturing, development, redevelopment of brownfield areas, |
| 27 | business enterprise management, and other activities conducive |
| 28 | to economic promotion in order to provide a stronger, more |
| 29 | balanced, and stable economy in the state. |
| 30 | (2) A significant portion of businesses located in the |
| 31 | counties and municipalities of the state or desiring to locate |
| 32 | in the state encounter difficulty in obtaining financing on |
| 33 | terms competitive with those available to businesses located in |
| 34 | other states and nations or are unable to obtain such financing |
| 35 | at all. |
| 36 | (3) The difficulty in obtaining such financing impairs the |
| 37 | expansion of economic activity and the creation of jobs and |
| 38 | income in communities throughout the state. |
| 39 | (4) The businesses most often affected by these financing |
| 40 | difficulties are small businesses critical to the economic |
| 41 | development of the counties and municipalities of the state. |
| 42 | (5) The economic well-being of the people in, and the |
| 43 | commercial and industrial resources of, the counties and |
| 44 | municipalities of the state would be enhanced by the provision |
| 45 | of financing to businesses on terms competitive with those |
| 46 | available in the most developed financial markets worldwide. |
| 47 | (6) In order to improve the prosperity and welfare of the |
| 48 | counties and municipalities of the this state and its |
| 49 | inhabitants, to improve and promote the financing of projects |
| 50 | related to the economic development of the counties and |
| 51 | municipalities of the this state, including redevelopment of |
| 52 | brownfield areas, and to increase the purchasing power and |
| 53 | opportunities for gainful employment of citizens of the counties |
| 54 | and municipalities of the this state, it is necessary and in the |
| 55 | public interest to facilitate the financing of such projects as |
| 56 | provided for in this act and to do so without regard to the |
| 57 | boundaries between counties, municipalities, special districts, |
| 58 | and other local governmental bodies or agencies in order to more |
| 59 | effectively and efficiently serve the interests of the greatest |
| 60 | number of people in the widest area practicable. |
| 61 | (7) In order to promote and stimulate development and |
| 62 | advance the business prosperity and economic welfare of the |
| 63 | counties and municipalities of the this state and its |
| 64 | inhabitants; to encourage and assist new business and industry |
| 65 | in the this state through loans, investments, or other business |
| 66 | transactions; to rehabilitate and assist existing businesses; to |
| 67 | stimulate and assist in the expansion of all kinds of for-profit |
| 68 | and not-for-profit business activity; and to create maximum |
| 69 | opportunities for employment, encouragement of thrift, and |
| 70 | improvement of the standard of living of the citizens of |
| 71 | Florida, it is necessary and in the public interest to |
| 72 | facilitate the cooperation and action between organizations, |
| 73 | public and private, in the promotion, development, and conduct |
| 74 | of all kinds of for-profit and not-for-profit business activity |
| 75 | in the state. |
| 76 | (8) In order to efficiently and effectively achieve the |
| 77 | purposes of this act, it is necessary and in the public interest |
| 78 | to create a special development finance authority to cooperate |
| 79 | and act in conjunction with public agencies of the this state |
| 80 | and local governments of the this state, through interlocal |
| 81 | agreements pursuant to the Florida Interlocal Cooperation Act of |
| 82 | 1969, in the promotion and advancement of projects related to |
| 83 | economic development, including redevelopment of brownfield |
| 84 | areas, throughout the state. |
| 85 | (9) The purposes to be achieved by the special development |
| 86 | finance authority through such projects and such financings of |
| 87 | business and industry in compliance with the criteria and the |
| 88 | requirements of this act are predominantly the public purposes |
| 89 | stated in this section, and such purposes implement the |
| 90 | governmental purposes under the State Constitution of providing |
| 91 | for the health, safety, and welfare of the people of the state. |
| 92 | These purposes may be facilitated through legislation fully |
| 93 | implementing s. 10(c), Art. VII of the State Constitution to |
| 94 | authorize local governments to issue revenue bonds for the |
| 95 | financing or refinancing of capital projects, and through |
| 96 | legislation authorizing new and innovative means for the |
| 97 | investment of public trust funds pursuant to s. 10(a), Art. VII |
| 98 | of the State Constitution. |
| 99 | Section 2. Section 366.94, Florida Statutes, is created to |
| 100 | read: |
| 101 | 366.94 Retail sales of renewable energy.- |
| 102 | (1) As used in this section, the term "renewable energy" |
| 103 | has the same meaning as provided in s. 366.91. |
| 104 | (2) Notwithstanding any other provision in this chapter, a |
| 105 | nonutility producer of renewable energy may sell electricity |
| 106 | directly to one or more retail consumers. |
| 107 | (3) The commission shall adopt rules to administer this |
| 108 | section. In adopting such rules, the commission shall establish, |
| 109 | at a minimum: |
| 110 | (a) Requirements related to interconnection and metering. |
| 111 | (b) A mechanism for setting rates for any service provided |
| 112 | to the consumer by the utility if such service is required by |
| 113 | the consumer. These rates shall ensure that the utility's |
| 114 | general body of ratepayers does not subsidize the consumer in |
| 115 | any way, including any redundant utility generating capacity |
| 116 | necessary to serve the consumer. |
| 117 | (c) Requirements for notice to the commission of the size |
| 118 | and location of each renewable energy generation facility |
| 119 | planned under this section, the identity and historical and |
| 120 | projected load characteristics of each host consumer, and any |
| 121 | other information deemed necessary by the commission to satisfy |
| 122 | its obligations under s. 366.04(5). |
| 123 | (4) Beginning January 1, 2012, and at least once every 6 |
| 124 | months thereafter, the commission shall submit a report to the |
| 125 | Legislature of activity under this section which addresses the |
| 126 | impacts of such activity on the electric power grid of the |
| 127 | state, individual utility systems, and each utility's general |
| 128 | body of ratepayers, and includes recommendations concerning |
| 129 | implementation of this program. |
| 130 | Section 3. This act shall take effect upon becoming a law. |