HB 865

1
A bill to be entitled
2An act relating to alternative energy; providing
3legislative findings; providing definitions; creating the
4Florida Alternative Energy Technology Center, Inc., as a
5not-for-profit corporation; requiring compliance with
6public meetings and records laws; providing for the
7organization, purpose, and duties of the center; providing
8for membership of the board of directors of the center;
9requiring the disclosure of financial interests by board
10members; specifying the powers and duties of the board;
11requiring an annual report; providing an appropriation;
12providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Florida Alternative Energy Technology Center,
17Inc.; findings; creation; membership; organization; purpose;
18duties; powers.--
19     (1)  The Legislature finds that it is in the public
20interest to promote research on and use of renewable energy
21resources, energy conservation, distributed generation, advanced
22transmission methods, and pollution control. Both Florida and
23the United States in general are overly dependent on fossil
24fuels to meet the energy needs of homes and businesses.
25Renewable energy resources and energy conservation resources
26have the potential to decrease this dependency, minimize
27volatility of fuel cost, and improve environmental conditions.
28Distributed energy resources and enhancements to the
29transmission of electricity have the potential to make our
30supply of electricity more secure and to decrease the likelihood
31and severity of blackouts. Research in this state on these
32subjects can make the state a leader in new and innovative
33technologies and encourage investment and economic development
34in this state.
35     (2)  As used in this section, the term:
36     (a)  "Alternative energy technology" means energy
37technologies that are undeveloped or less than established in
38current markets. The term includes, but is not limited to,
39hydrogen fuel; fuel cells; distributed generation; biodiesel and
40similar synthetic fuels; thermo-depolymerization; biomass;
41agricultural products and byproducts; municipal solid waste,
42including landfill injection, landfill mining, and landfill gas;
43solar thermal and solar photovoltaic energy; ocean energy,
44including wave or thermal; energy conservation, including
45building, equipment, and appliance efficiency technologies;
46enhancements to the transmission of electricity, including
47advanced transmission lines; and environmental standards.
48     (b)  "Corporation" means the Florida Alternative Energy
49Technology Center, Inc.
50     (3)  There is created a not-for-profit corporation, to be
51known as the Florida Alternative Energy Technology Center, Inc.,
52which must be registered, incorporated, organized, and operated
53in compliance with chapter 617, Florida Statutes, and which is
54not to be a unit or entity of state government. The Legislature
55determines, however, that public policy dictates that the
56corporation operate in the most open and accessible manner
57consistent with its public purpose. To this end, the Legislature
58specifically declares that the corporation and its board of
59directors and the task forces, advisory committees, and similar
60working groups the corporation creates are subject to the
61provisions of chapter 119, Florida Statutes, relating to public
62records and the provisions of chapter 286, Florida Statutes,
63relating to public meetings and records.
64     (4)  The corporation is the principal alternative energy
65technology organization for the state and shall provide
66leadership for research, development, and deployment of
67alternative energy technology in this state, including
68production of, improvements in, and the use of such technology.
69In fulfilling this responsibility, the corporation shall:
70     (a)  Establish a unified approach to research, development,
71and the deployment of alternative energy technology, with the
72cooperation of the Governor, the Legislature, the Department of
73Environmental Protection, the Board of Governors of the State
74University System, the Public Service Commission, and relevant
75private-sector entities. The approach established must
76supplement and not displace the energy initiatives of the
77Department of Environmental Protection.
78     (b)  Assist the state universities and the private sector
79in determining the areas on which to focus research in
80alternative energy technology and to assist in coordinating
81research projects among the universities and relevant private-
82sector entities.
83     (c)  Assist the Department of Environmental Protection and
84the private sector in determining the areas on which to focus
85alternative-energy-technology development or deployment projects
86and in coordinating such projects among relevant public and
87private-sector entities.
88     (d)  Promote the state as a location for businesses having
89operations related to alternative energy technologies in
90cooperation with Enterprise Florida, Inc., and the Department of
91Environmental Protection.
92     (e)  Assist universities, other state entities, and
93private-sector entities in raising funds from all available
94public or private-sector sources for projects concerning
95research, development, or deployment of alternative energy
96technology, including projects that involve the production of,
97improvements in, or use of alternative energy technology in this
98state.
99     (f)  Collect and maintain information relating to sources
100of funding for its work; alternative-energy-technology research,
101development, or deployment projects that are or have been
102conducted or that are needed; and alternative-energy-technology
103businesses that are considering operations in this state.
104     (g)  Make policy recommendations to the Legislature, the
105Governor, and state agencies and subdivisions.
106     (5)  The corporation may conduct projects concerning
107research, development, or deployment of alternative energy
108technology that are not or cannot be conducted by a state
109university or the Department of Environmental Protection. The
110corporation may conduct such projects using only its own
111personnel and facilities, or in cooperation with one or more
112universities, one or more private-sector entities, the
113Department of Environmental Protection, or any combination of
114such potential cooperating entities.
115     (6)  In performing its functions, the corporation shall
116take all possible steps to ensure the maximum benefit to the
117state. The corporation shall establish strategic priorities,
118consistent with the findings of this section, to guide funding
119allocations and ensure the best use of available resources.
120     (7)  The corporation must establish one or more corporate
121offices, at least one of which must be located in Leon County.
122     (8)  The corporation shall be governed by a board of
123directors consisting of the following members:
124     (a)  A representative from the Department of Environmental
125Protection.
126     (b)  The President of Enterprise Florida, Inc., or his or
127her designee.
128     (c)  A representative from the State Board of Education,
129selected by the members of that board.
130     (d)  A representative selected by the public utilities, as
131defined in s. 366.02, Florida Statutes. The term for this board
132member shall be 2 years, with a new representative selected at
133the end of that time.
134     (e)  A representative selected by the Florida municipal
135electric utilities and rural electric cooperatives. The term for
136this board member shall be 2 years, with a new representative
137selected at the end of that time.
138     (f)  A representative, selected by the President of the
139Senate, who is a board member or executive officer of a business
140that is located in this state, who has no business interests
141relating to energy, and who can provide guidance as to locating
142and operating a business in this state. The term for this board
143member shall be 2 years, with a new representative selected at
144the end of that time.
145     (g)  A representative, selected by the Speaker of the House
146of Representatives, who is a board member or executive officer
147of a business that is located in this state, who has no business
148interests relating to energy, and who can provide guidance as to
149locating and operating a business in this state. The term for
150this board member shall be 2 years, with a new representative
151selected at the end of that time.
152     (h)  A representative, selected by the Governor, who is
153from an environmental group that is informed about energy
154matters of this state. The term for this board member shall be 2
155years, with a new representative selected at the end of that
156time.
157     (9)  Vacancies on the board of directors of the corporation
158shall be filled in the same manner as the original appointment.
159Vacancies shall be filled for the remainder of the unexpired
160term, where applicable.
161     (10)  The members of the board of directors of the
162corporation must select a chair biennially, upon appointment of
163all new members.
164     (11)  The board of directors of the corporation must meet
165at least four times each year and, in addition, upon the call of
166the chair or at the request of a majority of the membership. A
167majority of the total number of all directors constitutes a
168quorum. The board may take official action by a majority vote of
169the members present at any meeting at which a quorum is present.
170     (12)  Members of the board of directors of the corporation
171shall serve without compensation, but members, the president,
172and staff may be reimbursed for all reasonable, necessary, and
173actual expenses, as determined by the board.
174     (13)  Each member of the board of directors of the
175corporation who is not otherwise required to file a financial
176disclosure pursuant to Section 8, Article II of the State
177Constitution or s. 112.3144, Florida Statutes, must file a
178disclosure of financial interests pursuant to s. 112.3145,
179Florida Statutes.
180     (14)  The board of directors of the corporation may:
181     (a)  Secure funding for programs and activities of the
182corporation and its boards from public and private-sector
183sources and from fees charged for services or published
184materials, and solicit, receive, hold, invest, and administer
185any grant, payment, or gift of funds or property and make
186expenditures consistent with the powers granted to it.
187     (b)  Make and enter into contracts and other instruments
188necessary or convenient for the exercise of its powers and
189functions.
190     (c)  Sue and be sued, and appear and defend in all actions
191and proceedings, in its corporate name to the same extent as a
192natural person.
193     (d)  Adopt, use, and alter a common corporate seal for the
194corporation and its boards.
195     (e)  Elect or appoint such officers and agents as its
196affairs require and allow them reasonable compensation.
197     (f)  Adopt, amend, and repeal bylaws, not inconsistent with
198the powers granted to it or the articles of incorporation, for
199the administration of the affairs of the corporation and the
200exercise of its corporate powers.
201     (g)  Acquire, enjoy, use, and dispose of patents,
202copyrights, and trademarks and any licenses, royalties, and
203other rights or interests thereunder or therein.
204     (h)  Do all acts and things necessary or convenient to
205carry out the powers granted to it.
206     (i)  Use the state seal, notwithstanding the provisions of
207s. 15.03, Florida Statutes, when appropriate, to establish that
208the corporation is the principal alternative energy technology
209organization for the state, and for other standard corporate
210identity applications. Use of the state seal may not replace use
211of a corporate seal as provided in this subsection.
212     (j)  Invest any funds unspent at the end of the fiscal year
213to maximize the use of those funds.
214     (k)  Procure insurance or require bond against any loss in
215connection with the property of the corporation and its board of
216directors or working groups, in such amounts and from such
217insurers as is necessary or desirable.
218     (l)  Create and dissolve advisory committees, task forces,
219or similar working groups as necessary to carry out the
220corporation's mission. Members of such groups shall serve
221without compensation but may be reimbursed for reasonable,
222necessary, and actual expenses, as determined by the
223corporation's board of directors.
224     (m)  Solicit input from the public, organizations concerned
225about energy in this state, and experts in the field.
226     (15)  The powers granted to the corporation shall be
227liberally construed so that the corporation may aggressively
228pursue its purpose of being the principal alternative energy
229technology organization for the state.
230     (16)  The corporation's board of directors must appoint a
231corporate president and establish and adjust the president's
232compensation. The president is the chief administrative and
233operational officer of the board of directors and of the
234corporation and directs and supervises the administrative
235affairs of the board and each working group created by the
236board. The board of directors may delegate to its president
237those powers and responsibilities it deems appropriate, except
238for the appointment of a president.
239     (17)  The board of directors and officers of the
240corporation are responsible for the prudent use of all public
241and private funds that the corporation controls and must ensure
242that the use of such funds is in accordance with applicable
243laws, bylaws, and contractual requirements. An employee of the
244corporation may not receive compensation for employment which
245exceeds the salary paid to the Governor, unless the board of
246directors and the employee have executed a contract that
247prescribes specific, measurable performance outcomes for the
248employee, the satisfaction of which provides the basis for the
249award of incentive payments that increase the employee's total
250compensation to a level above the salary paid to the Governor.
251     (18)  The credit of the State of Florida may not be pledged
252on behalf of the corporation.
253     (19)  In addition to any indemnification available under
254chapter 617, Florida Statutes, the corporation may indemnify,
255and purchase and maintain insurance on behalf of, its directors,
256officers, employees, or working-group members against personal
257liability or accountability for actions taken within the scope
258of their employment or authority.
259     (20)  By December 1 of each year, the corporation must
260submit an annual report to the Governor, the President of the
261Senate, the Speaker of the House of Representatives, and the
262chair of the State Board of Education containing:
263     (a)  A detailed description of the corporation's activities
264and accomplishments for the year.
265     (b)  An annual financial accounting of resources and
266expenditures prepared by an independent certified public
267accountant.
268     (c)  A statement of the strategic priorities of the
269corporation and their use in guiding resource allocations.
270     (d)  Any recommendations the corporation has for action by
271the Legislature or by the agencies of state, county, or
272municipal governments to foster research concerning, or
273development or deployment of, alternative energy technology.
274     Section 2.  The sum of $500,000 is appropriated from the
275General Revenue Fund to the Executive Office of the Governor for
276the purpose of funding the activities of the Florida Alternative
277Energy Technology Center, Inc., for the 2007-2008 fiscal year.
278     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.