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The Committee on Environmental Preservation and Conservation

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(Saunders) recommended the following amendment to amendment

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(223658):

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 1567-1568

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and insert:

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     Section 25.  Section 377.901, Florida Statutes, is amended

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to read:

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     377.901  Florida Energy Commission.--

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     (1)  The Florida Energy Commission is created and shall be

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located within the Office of Legislative Services Executive

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Office of the Governor for administrative purposes. The

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commission shall be comprised of a total of nine members.

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     (a) The members shall be appointed as follows: seven by the

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Governor and one each by the Commissioner of Agriculture and

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Consumer Services and the Chief Financial Officer. The Governor

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shall select the chair of the commission from his or her

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appointments the President of the Senate and the Speaker of the

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House of Representatives shall appoint four members each and

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shall jointly appoint the ninth member, who shall serve as chair.

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Members shall be appointed to 3 2-year terms; however, in order

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to establish staggered terms, for the initial appointments, three

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of the appointments by the Governor and each of those by the

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Commissioner of Agriculture and Consumer Services and the Chief

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Financial Officer shall serve a 2-year term each appointing

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official shall appoint two members to a 1-year term and two

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members to a 2-year term.

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     (b) The appointees to the commission shall be selected, from

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a list of persons nominated by the Florida Public Service

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Commission Nominating Council, created in s. 350.031. The

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council shall, at a minimum, submit three names for every

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vacancy. The council shall not link names to any specific

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vacancy on the commission.

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     1. The Governor, Commissioner of Agriculture and Consumer

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Services and the Chief Financial Officer may submit prospective

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names to the council for their consideration.

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     2. The council shall submit the list of nominees to the

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Governor by September 1 of those years in which the terms are to

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begin the following October, or within 60 days after a vacancy

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occurs for any reason other than the expiration of the term.

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     3. Upon receipt of the nominees the Governor shall make his

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or her selections. After the Governor has selected his or her

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nominees the list shall be given to the Commissioner of

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Agriculture and Consumer Services and the Chief Financial Officer

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whom shall make their selections.

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     4. The appointing offices shall fill a vacancy occurring on

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the commission by appointment of one of the applicants nominated

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by the council only after a background investigation of such

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applicant has been conducted by the Florida Department of Law

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Enforcement.

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     5. Vacancies on the commission shall be filled for the

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unexpired portion of the time in the same manner as original

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appointments to the commission.

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     6. If the appointing offices have not made an appointment

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within 30 consecutive calendar days after the receipt of the

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recommendations, the council shall initiate, in accordance with

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this section, the nominating process within 30 days.

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     7. Each appointment to the commission shall be subject to

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confirmation by the Senate during the next regular session after

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the vacancy occurs. If the Senate refuses to confirm or fails to

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consider the appointment, the council shall initiate, in

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accordance with this section, the nominating process within 30

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days.

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     8. The Governor, Commissioner of Agriculture and Consumer

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Services, or the Chief Financial Officer or their successors may

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recall an appointee.

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(c) Members must meet the following qualifications and

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restrictions:

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     1.  A member must be an expert in one or more of the

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following fields: energy, natural resource conservation,

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economics, engineering, finance, law, consumer protection, state

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energy policy, transportation and land use, or another field

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substantially related to the duties and functions of the

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commission. The commission shall fairly represent the fields

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specified in this subparagraph.

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     2.  Each member shall, at the time of appointment and at

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each commission meeting during his or her term of office,

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disclose:

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     a.  Whether he or she has any financial interest, other than

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ownership of shares in a mutual fund, in any business entity

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that, directly or indirectly, owns or controls, or is an

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affiliate or subsidiary of, any business entity that may profit

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by the policy recommendations developed by the commission.

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     b.  Whether he or she is employed by or is engaged in any

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business activity with any business entity that, directly or

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indirectly, owns or controls, or is an affiliate or subsidiary

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of, any business entity that may profit by the policy

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recommendations developed by the commission.

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     (d)(b) The following may also attend meetings and provide

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information and advise at the request of the chair:

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     1.  The chair of the Florida Public Service Commission, or

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his or her designee.

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     2.  The Public Counsel, or his or her designee.

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     3. The Commissioner of Agriculture, or his or her designee.

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     34. The Director of the Office of Insurance Regulation, or

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his or her designee.

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     45. The State Surgeon General, or his or her designee.

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     56. The chair of the State Board of Education, or his or

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her designee.

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     67. The Secretary of Community Affairs, or his or her

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designee.

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     78. The Secretary of Transportation, or his or her

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designee.

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     89. The Secretary of Environmental Protection, or his or

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her designee.

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     (2)  Members shall serve without compensation but are

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entitled to reimbursement for per diem and travel expenses as

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provided in s. 112.061.

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     (3)  Meetings of the commission shall be held in various

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locations around the state and at the call of the chair; however,

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the commission must meet at least four times twice each year.

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     (4)(a)  The commission may employ staff to assist in the

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performance of its duties, including an executive director, an

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attorney, a communications staff member, and an executive

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assistant.

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     (b)  The commission may form advisory groups consisting of

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members of the public to provide information on specific issues.

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     (5)  The commission shall develop recommendations for

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legislation to establish a state energy policy. The

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recommendations of the commission shall be based on the guiding

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principles of reliability, efficiency, affordability, and

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diversity as provided in subsection (7). The commission shall

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continually review the state energy policy and shall recommend to

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the Legislature any additional necessary changes or improvements.

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     (6)(a) The commission shall report by December 31 of each

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year to the President of the Senate and the Speaker of the House

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of Representatives on its progress and recommendations, including

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draft legislation.

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     (b) The commission's initial report must be filed by

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December 31, 2007, and must identify incentives for research,

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development, or deployment projects involving the goals and

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issues set forth in this section; set forth policy

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recommendations for conservation of all forms of energy; and set

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forth a plan of action, together with a timetable, for addressing

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additional issues.

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     (c) The commission's initial report shall also recommend

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consensus-based public-involvement processes that evaluate

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greenhouse gas emissions in this state and make recommendations

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regarding related economic, energy, and environmental benefits.

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     (d) The report must include recommended steps and a

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schedule for the development of a comprehensive state climate

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action plan with greenhouse gas reduction through a public-

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involvement process, including transportation and land use; power

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generation; residential, commercial, and industrial activities;

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waste management; agriculture and forestry; emissions-reporting

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systems; and public education.

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     (7)  In developing its recommendations, the commission shall

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be guided by the principles of reliability, efficiency,

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affordability, and diversity, and more specifically as follows:

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     (a)  The state should have a reliable electric supply with

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adequate reserves.

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     (b)  The transmission and delivery of electricity should be

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reliable.

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     (c)  The generation, transmission, and delivery of

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electricity should be accomplished with the least detriment to

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the environment and public health.

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     (d)  The generation, transmission, and delivery of

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electricity should be accomplished compatibly with the goals for

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growth management.

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     (e)  Electricity generation, transmission, and delivery

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facilities should be reasonably secure from damage, taking all

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factors into consideration, and recovery from damage should be

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prompt.

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     (f)  Electric rates should be affordable, as to base rates

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and all recovery-clause additions, with sufficient incentives for

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utilities to achieve this goal.

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     (g)  The state should have a reliable supply of motor

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vehicle fuels, both under normal circumstances and during

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hurricanes and other emergency situations.

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     (h)  In-state research, development, and deployment of

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alternative energy technologies and alternative motor vehicle

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fuels should be encouraged.

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     (i)  When possible, the resources of the state should be

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used in achieving the goals enumerated in this subsection.

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     (j)  Consumers of energy should be encouraged and given

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incentives to be more efficient in their use of energy.

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     (8) The Commission shall also:

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     (a) Complete the annual assessment of the efficacy of

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Florida's Energy and Climate Change Action Plan, upon completion

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by the Governor's Action Team on Energy and Climate Change,

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pursuant to the Governor's Executive Order 2007-128, and provide

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specific recommendations to the Governor and the Legislature each

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year, as part of its annual reporting requirements, to improve

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results.

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     (b) Advocate for energy and climate change issues and

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provide educational outreach and technical assistance in

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cooperation with Florida's academic institutions and the Florida

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Energy Systems Consortium.

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It is the specific intent of the Legislature that nothing in this

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section shall in any way change the powers, duties, and

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responsibilities of the Public Service Commission or the powers,

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duties, and responsibilities assigned by the Florida Electrical

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Power Plant Siting Act, ss. 403.501-403.518.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 2310

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and insert:

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program; amending s. 377.901, F.S.; changing appointment

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criteria; providing additional duties; deleting outdated

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provisions; creating s. 403.44, F.S.; creating the

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Florida..

3/19/2008  10:49:00 AM     EP.EP.05357