Florida Senate - 2011 SB 1642 By Senator Bennett 21-01224A-11 20111642__ 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 5 of the economic activities in counties and 6 municipalities; providing that the purposes of the 7 Florida Development Finance Corporation Act may be 8 accomplished by legislation implementing 9 constitutional provisions allowing local governments 10 to issue revenue bonds to finance or refinance the 11 cost of certain capital projects and authorizing new 12 and innovative means for the investment of public 13 trust funds; creating s. 366.94, F.S.; authorizing a 14 producer of renewable energy to sell electricity to 15 electricity customers at retail; requiring the Public 16 Service Commission to adopt rules and submit reports 17 to the Legislature; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 288.9602, Florida Statutes, is amended 22 to read: 23 288.9602 Findings and declarations of necessity.—The 24 Legislature finds and declares that: 25 (1) There is a need to enhance economic activity in the 26 counties and municipalities of the state by attracting 27 manufacturing, development, redevelopment of brownfield areas, 28 business enterprise management, and other activities conducive 29 to economic promotion in order to provide a stronger, more 30 balanced, and stable economy in the state. 31 (2) A significant portion of businesses located in the 32 counties and municipalities of the state or desiring to locate 33 in the state encounter difficulty in obtaining financing on 34 terms competitive with those available to businesses located in 35 other states and nations or are unable to obtain such financing 36 at all. 37 (3) The difficulty in obtaining such financing impairs the 38 expansion of economic activity and the creation of jobs and 39 income in communities throughout the state. 40 (4) The businesses most often affected by these financing 41 difficulties are small businesses critical to the economic 42 development of the counties and municipalities of the state. 43 (5) The economic well-being of the people in, and the 44 commercial and industrial resources of, the counties and 45 municipalities of the state would be enhanced by the provision 46 of financing to businesses on terms competitive with those 47 available in the most developed financial markets worldwide. 48 (6) In order to improve the prosperity and welfare of the 49 counties and municipalities of thethisstate and its 50 inhabitants, to improve and promote the financing of projects 51 related to the economic development of the counties and 52 municipalities of thethisstate, including redevelopment of 53 brownfield areas, and to increase the purchasing power and 54 opportunities for gainful employment of citizens of the counties 55 and municipalities of thethisstate, it is necessary and in the 56 public interest to facilitate the financing of such projects as 57 provided for in this act and to do so without regard to the 58 boundaries between counties, municipalities, special districts, 59 and other local governmental bodies or agencies in order to more 60 effectively and efficiently serve the interests of the greatest 61 number of people in the widest area practicable. 62 (7) In order to promote and stimulate development and 63 advance the business prosperity and economic welfare of the 64 counties and municipalities of thethisstate and its 65 inhabitants; to encourage and assist new business and industry 66 in thethisstate through loans, investments, or other business 67 transactions; to rehabilitate and assist existing businesses; to 68 stimulate and assist in the expansion of all kinds of for-profit 69 and not-for-profit business activity; and to create maximum 70 opportunities for employment, encouragement of thrift, and 71 improvement of the standard of living of the citizens of 72 Florida, it is necessary and in the public interest to 73 facilitate the cooperation and action between organizations, 74 public and private, in the promotion, development, and conduct 75 of all kinds of for-profit and not-for-profit business activity 76 in the state. 77 (8) In order to efficiently and effectively achieve the 78 purposes of this act, it is necessary and in the public interest 79 to create a special development finance authority to cooperate 80 and act in conjunction with public agencies of thethisstate 81 and local governments of thethisstate, through interlocal 82 agreements pursuant to the Florida Interlocal Cooperation Act of 83 1969, in the promotion and advancement of projects related to 84 economic development, including redevelopment of brownfield 85 areas, throughout the state. 86 (9) The purposes to be achieved by the special development 87 finance authority through such projects and such financings of 88 business and industry in compliance with the criteria and the 89 requirements of this act are predominantly the public purposes 90 stated in this section, and such purposes implement the 91 governmental purposes under the State Constitution of providing 92 for the health, safety, and welfare of the people of the state. 93 These purposes may be facilitated through legislation fully 94 implementing s. 10(c), Art. VII of the State Constitution to 95 authorize local governments to issue revenue bonds for the 96 financing or refinancing of capital projects, and through 97 legislation authorizing new and innovative means for the 98 investment of public trust funds pursuant to s. 10(a), Art. VII 99 of the State Constitution. 100 Section 2. Section 366.94, Florida Statutes, is created to 101 read: 102 366.94 Retail sales of renewable energy.— 103 (1) As used in this section, the term “renewable energy” 104 has the same meaning as provided in s. 366.91. 105 (2) Notwithstanding any other provision in this chapter, a 106 producer of renewable energy may sell electricity directly to 107 one or more retail consumers. 108 (3) The commission shall adopt rules to administer this 109 section. In adopting such rules, the commission shall establish, 110 at a minimum: 111 (a) Requirements related to interconnection and metering. 112 (b) A mechanism for setting rates for any service provided 113 to the consumer by the utility if such service is required by 114 the consumer. These rates shall ensure that the utility’s 115 general body of ratepayers does not subsidize the consumer in 116 any way, including any redundant utility generating capacity 117 necessary to serve the consumer. 118 (c) Requirements for notice to the commission of the size 119 and location of each renewable energy generation facility 120 planned under this section, the identity and historical and 121 projected load characteristics of each host consumer, and any 122 other information deemed necessary by the commission to satisfy 123 its obligations under s. 366.04(5). 124 (4) Beginning January 1, 2012, and at least once every 6 125 months thereafter, the commission shall submit a report to the 126 Legislature of activity under this section which addresses the 127 impacts of such activity on the electric power grid of the 128 state, individual utility systems, and each utility’s general 129 body of ratepayers, and includes recommendations concerning 130 implementation of this program. 131 Section 3. This act shall take effect upon becoming a law.