HB 7135

A bill to be entitled
2An act relating to energy; amending s. 74.051, F.S.;
3providing that it is the intent of the Legislature for a
4court, when practicable, to conduct a hearing and issue an
5order on a petition for a taking within a specified time;
6amending s. 110.171, F.S.; requiring each state agency to
7complete a telecommuting program by a specified date which
8includes a listing of the job classifications and
9positions that the state agency considers appropriate for
10telecommuting; providing requirements for the
11telecommuting program; requiring each state agency to post
12the telecommuting program on its Internet website;
13amending s. 186.007, F.S.; authorizing the Executive
14Office of the Governor to include in the state
15comprehensive plan goals, objectives, and policies related
16to energy and global climate change; amending s. 187.201,
17F.S.; expanding the air quality, energy, and land use
18goals of the State Comprehensive Plan to include the
19development of low-carbon-emitting electric power plants,
20the reduction of atmospheric carbon dioxide, the promotion
21of the use and development of renewable energy resources,
22and provide for the siting of low carbon emitting electric
23power plants, including nuclear plants; amending ss.
24196.012 and 196.175, F.S.; deleting outdated, obsolete
25language; removing the expiration date of the property tax
26exemption for real property on which a renewable energy
27source device is installed and revising the options for
28calculating the amount of the exemption; amending s.
29206.43, F.S.; requiring each terminal supplier, importer,
30blender, and wholesaler to provide in a report to the
31Department of Revenue the number of gallons of blended and
32unblended gasoline sold; amending s. 212.08, F.S.;
33revising the definition of "ethanol"; specifying eligible
34items as limited to one refund; requiring a person who
35receives a refund to notify a subsequent purchaser of such
36refund; transferring certain duties and responsibilities
37from the Department of Environmental Protection to the
38Florida Energy and Climate Commission; requiring the
39Florida Energy and Climate Commission to adopt, by rule,
40an application form for claiming a tax exemption; amending
41s. 220.192, F.S.; defining terms related to a tax credit;
42allowing the tax credit to be transferred for a specified
43period; providing procedures and requirements; requiring
44the Department of Revenue to adopt rules for
45implementation and administration of the program;
46transferring certain duties and responsibilities from the
47Department of Environmental Protection to the Florida
48Energy and Climate Commission; amending s. 220.193, F.S.;
49defining the terms "sale" or "sold"; defining the term
50"taxpayer"; providing for retroactivity; providing that
51the use of the renewable energy production credit does not
52reduce the alternative minimum tax credit; amending s.
53253.02, F.S.; authorizing the Board of Trustees of the
54Internal Improvement Trust Fund to delegate authority to
55grant easements across lands owned by the Board of
56Trustees of the Internal Improvement Trust Fund to the
57Secretary of Environmental Protection under certain
58conditions; amending s. 255.249, F.S.; requiring state
59agencies to annually provide telecommuting plans to the
60Department of Management Services; amending s. 255.251,
61F.S.; creating the "Florida Energy Conservation and
62Sustainable Buildings Act"; amending s. 255.252, F.S.;
63providing findings and legislative intent; providing that
64it is the policy of the state that buildings constructed
65and financed by the state be designed to meet the United
66States Green Building Council (USGBC) Leadership in Energy
67and Environmental Design (LEED) rating system, the Green
68Building Initiative's Green Globes rating system, the
69Florida Green Building Coalition standards, or a
70nationally recognized green building rating system as
71approved by the department; requiring each state agency
72occupying space owned or managed by the department to
73identify and compile a list of projects suitable for a
74guaranteed energy, water, and wastewater performance
75savings contract; amending s. 255.253, F.S.; defining
76terms relating to energy conservation for buildings;
77amending s. 255.254, F.S.; prohibiting a state agency from
78leasing or constructing a facility without having secured
79from the department a proper evaluation of life-cycle
80costs for the building; amending s. 255.255, F.S.;
81requiring the department to use sustainable building
82ratings for conducting a life-cycle cost analysis;
83amending s. 255.257, F.S.; requiring all state agencies to
84adopt an energy efficiency rating system as approved by
85the department for all new buildings and renovations to
86existing buildings; requiring all county, municipal,
87school district, water management district, state
88university, community college, and Florida state court
89buildings to meet certain energy efficiency standards for
90construction; providing applicability; creating a
91sustainable building training certification program within
92St. Petersburg College; specifying program components;
93creating s. 286.29, F.S.; requiring the Department of
94Management Services to develop the Florida Climate-
95Friendly Preferred Products List; requiring state agencies
96to consult the list and purchase products from the list if
97the price is comparable; requiring state agencies to
98contract for meeting and conference space with facilities
99having the "Green Lodging" designation; authorizing the
100Department of Environmental Protection to adopt rules;
101requiring the department to establish voluntary technical
102assistance programs for various businesses; requiring
103state agencies, state universities, community colleges,
104and local governments that purchase vehicles under a state
105purchasing plan to maintain vehicles according to minimum
106standards and follow certain procedures when procuring new
107vehicles; requiring state agencies to use ethanol and
108biodiesel-blended fuels when available; amending s.
109287.063, F.S.; prohibiting the payment term for equipment
110from exceeding the useful life of the equipment unless the
111contract provides for the replacement or the extension of
112the useful life of the equipment during the term of the
113loan; amending s. 287.064, F.S.; authorizing an extension
114of the master equipment financing agreement for energy
115conservation equipment; requiring the guaranteed energy,
116water, and wastewater savings contractor to provide for
117the replacement or the extension of the useful life of the
118energy conservation equipment during the term of the
119contract; amending s. 288.1089, F.S.; defining the term
120"alternative and renewable energy"; detailing the
121conditions for an alternative and renewable energy project
122to be eligible for an innovation incentive award; amending
123s. 316.0741, F.S.; requiring all hybrid and other low-
124emission and energy-efficient vehicles that do not meet
125the minimum occupancy requirement and are driven in a
126high-occupancy-vehicle lane to comply with federally
127mandated minimum fuel economy standards; authorizing
128specified vehicles to use certain high-occupancy-vehicle
129lanes without payment of tolls; amending s. 337.401, F.S.;
130requiring the Department of Environmental Protection to
131adopt rules relating to the placement of and access to
132aerial and underground electric transmission lines having
133certain specifications; defining the term "base-load
134generating facilities"; amending s. 339.175, F.S.;
135requiring each metropolitan planning organization to
136develop a long-range transportation plan and an annual
137project priority list that, among other considerations,
138provide for sustainable growth and reduce greenhouse gas
139emissions; amending s. 350.01, F.S.; conforming the
140beginning of a Public Service Commission member's term as
141chair with the beginning of terms of commissioners;
142correcting cross-references; amending s. 350.012, F.S.;
143renaming the Committee on Public Service Commission
144Oversight, a standing joint committee of the Legislature,
145as the "Committee on Public Counsel Oversight"; deleting
146the committee's authority to recommend to the Governor
147nominees to fill vacancies on the Public Service
148Commission; deleting the committee's authority to file an
149ethics complaint against a member, former member, or
150former employee of the commission or a member of the
151Public Service Commission Nominating Council; amending s.
152350.03, F.S.; clarifying the power of the Governor to
153remove and fill commission vacancies as set forth in the
154State Constitution; amending s. 350.031, F.S.; increasing
155the number of members on the council; requiring the
156President of the Senate and the Speaker of the House of
157Representatives to appoint a chair and vice chair to the
158council in alternating years; removing spending authority
159for the council to advertise vacancies; requiring the
160council to submit recommendations for vacancies on the
161Public Service Commission to the Governor; requiring the
162council to nominate a minimum of three persons for each
163vacancy; revising the date that recommendations for
164vacancies must be submitted; providing that a successor
165Governor may remove an appointee only as provided;
166providing for the council to fill a vacancy on the
167commission if the Governor fails to do so; authorizing a
168successor governor to recall an unconfirmed appointee
169under certain circumstances; amending ss. 350.061 and
170350.0614, F.S., relating to the appointment, oversight,
171and compensation of the Public Counsel; conforming
172provisions to changes made by the act; amending s. 366.04,
173F.S.; requiring an affected municipal electric utility to
174conduct a referendum election of all its retail electric
175customers to determine whether to require the municipal
176electric utility to provide a proposed charter
177transferring the operations of the utility to an electric
178utility authority; amending s. 366.81, F.S.; providing
179legislative intent; amending s. 366.82, F.S.; defining the
180term "demand-side renewable energy"; requiring the Public
181Service Commission to adopt goals for increasing the
182development of demand-side renewable energy systems energy
183resources; providing for cost-effectiveness tests;
184requiring the Florida Energy and Climate Commission to be
185a party in the proceedings to adopt goals; providing for
186an appropriations; providing for cost recovery;
187authorizing the commission to provide financial rewards
188and penalties; authorizing the commission to allow an
189investor-owned utility to earn an additional return on
190equity for exceeding energy efficiency and conservation
191goals; amending s. 366.8255, F.S.; redefining the term
192"environmental compliance costs" to include costs or
193expenses prudently incurred for scientific research and
194geological assessments of carbon capture and storage for
195the purpose of reducing an electric utility's greenhouse
196gas emissions; amending s. 366.91, F.S.; clarifying the
197definition of "biomass" to include waste and byproducts;
198requiring each public utility, and each municipal electric
199utility and rural electric utility cooperative that sells
200electricity at retail, to develop a standardized
201interconnection and net metering program for customer-
202owned renewable generation; authorizing net metering to be
203available when a utility purchases power generated from
204biogas produced by anaerobic digestion under certain
205conditions; amending s. 366.92, F.S.; directing the Public
206Service Commission to adopt a renewable portfolio
207standard; providing definitions; providing for renewable
208energy credits; providing for cost recovery; prohibiting
209the renewable portfolio standard rule from taking effect
210until ratified by the Legislature; amending s. 366.93,
211F.S.; revising the definitions of "cost" and
212"preconstruction"; requiring the Public Service Commission
213to establish rules relating to cost recovery for the
214construction of new, expanded, or relocated electrical
215transmission lines and facilities for a nuclear power
216plant; amending s. 377.601, F.S.; revising legislative
217intent with respect to the need to implement alternative
218energy technologies; providing for the transfer of the
219Florida Energy Commission in the Office of Legislative
220Services to the Florida Energy and Climate Commission in
221the Executive Office of the Governor; creating s.
222377.6015, F.S.; providing for the membership, meetings,
223duties, and responsibilities of the Florida Energy and
224Climate Commission; providing rulemaking authority;
225amending s. 377.602, F.S.; revising the definition of
226"energy resources"; providing for conforming changes;
227providing for the type two transfer of the state energy
228program in the Department of Environmental Protection to
229the Florida Energy and Climate Commission in the Executive
230Office of the Governor; amending ss. 377.603, 377.604,
231377.605, 377.606, 377.608, 377.701, 377.703, and 377.705,
232F.S.; providing for conforming changes; amending s.
233377.801, F.S.; providing a short title; amending s.
234377.802, F.S.; providing the purpose of the Florida Energy
235and Climate Protection Act; amending s. 377.803, F.S.;
236revising definitions; clarifying the definition of
237"renewable energy" to include biomass, as defined in s.
238366.91, F.S.; amending s. 377.804, F.S., relating to the
239Renewable Energy and Energy-Efficient Technologies Grants
240Program; providing for the program to include matching
241grants for technologies that increase the energy
242efficiency of vehicles and commercial buildings; providing
243for the solicitation of expertise of other entities;
244providing application requirements; amending s. 377.806,
245F.S., relating to the Solar Energy System Incentives
246Program; requiring compliance with the Florida Building
247Code rather than local codes in order to be eligible for a
248rebate under the program; creating s. 377.808, F.S.;
249establishing the "Florida Green Government Grants Act";
250providing for grants to be awarded to local governments in
251the development of programs that achieve green standards;
252amending ss. 380.23 and 403.031, F.S.; conforming cross-
253references; creating s. 403.44, F.S.; creating the Florida
254Climate Protection Act; defining terms; requiring the
255Department of Environmental Protection to establish the
256methodologies, reporting periods, and reporting systems
257that must be used when major emitters report to The
258Climate Registry; authorizing the department to adopt
259rules for a cap-and-trade regulatory program to reduce
260greenhouse gas emissions from major emitters; providing
261for the content of the rule; prohibiting the rules from
262being adopted until after January 1, 2010, and from
263becoming effective until ratified by the Legislature;
264amending s. 403.502, F.S.; providing legislative intent;
265amending s. 403.503, F.S.; defining the term "alternate
266corridor" and redefining the term "corridor" for purposes
267of the Florida Electrical Power Plant Siting Act; amending
268s. 403.504, F.S.; requiring the Department of
269Environmental Protection to determine whether a proposed
270alternate corridor is acceptable; amending s. 403.506,
271F.S.; exempting an electric utility from obtaining
272certification under the Florida Electrical Power Plant
273Siting Act before constructing facilities for a power
274plant using nuclear materials as fuel; providing that a
275utility may obtain separate licenses, permits, and
276approvals for such construction under certain
277circumstances; exempting such provisions from review under
278ch. 120, F.S.; amending s. 403.5064, F.S.; requiring an
279applicant to submit a statement to the department if such
280applicant opts for consideration of alternate corridors;
281amending s. 403.5065, F.S.; providing for conforming
282changes; amending s. 403.50663, F.S.; providing for notice
283of meeting to the general public; amending s. 403.50665,
284F.S.; requiring an application to include a statement on
285the consistency of directly associated facilities
286constituting a "development"; requiring the Department of
287Environmental Protection to address at the certification
288hearing the issue of compliance with land use plans and
289zoning ordinances for a proposed substation located in or
290along an alternate corridor; amending s. 403.507, F.S.;
291providing for reports to be submitted to the department no
292later than 100 days after certification application has
293been determined complete; amending s. 403.508, F.S.;
294providing for land use and certification hearings;
295amending s. 403.509, F.S.; requiring the Governor and
296Cabinet sitting as the siting board to certify the
297corridor having the least adverse impact; authorizing the
298board to deny certification or allow a party to amend its
299proposal; amending s. 403.511, F.S.; providing for
300conforming changes; amending s. 403.5112, F.S.; providing
301for filing of notice; amending s. 403.5113, F.S.;
302providing for postcertification amendments and
303postcertification review; amending s. 403.5115, F.S.;
304requiring the applicant proposing the alternate corridor
305to publish all notices relating to the application;
306requiring that such notices comply with certain
307requirements; requiring that notices be published at least
30845 days before the rescheduled certification hearing;
309requiring applicants to make specified efforts to provide
310notice to certain landowners and to file a list of such
311notification with the Department of Environmental
312Protection's Siting Coordination Office; amending ss.
313403.516, 403.517, and 403.5175, F.S.; providing conforming
314changes and cross-references; amending s. 403.518, F.S.;
315authorizing the Department of Environmental Protection to
316charge an application fee for an alternate corridor;
317amending ss. 403.519, 403.5252, 403.526, 403.527,
318403.5271, 403.5272, 403.5312, 403.5363, 403.5365, and
319403.814, F.S., relating to determinations of need, public
320notice requirements, and general permits; conforming
321provisions to changes made by the act; creating s.
322403.7055, F.S.; encouraging counties in the state to form
323regional solutions to the capture and reuse or sale of
324methane gas from landfills and wastewater treatment
325facilities; requiring the Department of Environmental
326Protection to provide guidelines and assistance; amending
327s. 489.145, F.S.; creating s. 403.7032, F.S.; providing
328legislative findings regarding recycling; providing for a
329long-term goal of reducing the amount of solid waste
330disposed of in the state by a certain percentage;
331requiring the Department of Environmental Protection to
332develop a comprehensive recycling program and submit such
333program to the Legislature by a specified date; requiring
334the Legislature's approval before implementing such
335program; requiring that such program be developed in
336coordination with other state and local entities, private
337businesses, and the public; requiring that the program
338contain certain components; creating s. 403.7033, F.S.,
339requiring a departmental analysis of particular recyclable
340materials; requiring a submission of a report; amending s.
341403.706, F.S., requiring every county to implement a
342composting plan to attain certain goals by a date certain;
343provides for goal modifications upon demonstrated need to
344the department; amending s. 489.145, F.S.; revising
345provisions of the Guaranteed Energy, Water, and Wastewater
346Performance Savings Contracting Act; requiring that each
347proposed contract or lease contain certain agreements
348concerning operational cost-saving measures; requiring the
349Office of the Chief Financial Officer to review contract
350proposals; redefining terms; requiring that certain
351baseline information, supporting information, and
352documentation be included in contracts; requiring the
353Office of the Chief Financial Officer to review contract
354proposals; providing audit requirements; requiring
355contract approval by the Chief Financial Officer; creating
356s. 526.201, F.S.; creating the "Florida Renewable Fuel
357Standard Act"; creating s. 526.202, F.S.; establishing
358legislative findings for the act; creating s. 526.203,
359F.S.; providing definitions, fuel standard, exemptions,
360and reporting; creating s. 526.204, F.S.; providing for
361waivers; providing for suspension of standard requirement
362during declared emergencies; creating s. 526.205, F.S.;
363providing for enforcement of the act; providing for
364extensions; creating s. 526.206, F.S.; providing for
365rulemaking authority by the Department of Revenue and the
366Department of Agriculture and Consumer Services; creating
367s. 526.207, F.S.; requiring studies and reports by the
368Florida Energy and Climate Commission; amending s. 553.73,
369F.S.; requiring that the Florida Building Commission
370select the most recent International Energy Conservation
371Code as a foundation code; providing for modification of
372the International Energy Conservation Code by the
373commission under certain circumstances; creating s.
374553.9061, F.S.; requiring the Florida Building Commission
375to establish a schedule of increases in the energy
376performance of buildings subject to the Florida Energy
377Efficiency Code for Building Construction; amending s.
378553.909, F.S.; requiring the Florida Energy Efficiency
379Code for Building Construction to set minimum requirements
380for certain commercial or residential appliances; creating
381an undesignated statutory provision relating to the Agency
382for Enterprise Information Technology; creating s.
3831004.648, F.S.; establishing the Florida Energy Systems
384Consortium consisting of specified state universities;
385providing for membership and duties of the consortium;
386providing for a director, an oversight board, and a
387steering committee; requiring the consortium to submit an
388annual report; requiring an economic impact analysis on
389the effects of granting financial incentives to energy
390producers who use woody biomass as fuel; repealing s.
391377.901, F.S., relating to the Florida Energy Commission;
392requiring the Public Service Commission to provide a
393report to the Governor and the Legislature on utility
394revenue decoupling; providing effective dates.
396Be It Enacted by the Legislature of the State of Florida:
398     Section 1.  Subsection (3) of section 74.051, Florida
399Statutes, is renumbered as subsection (4), and a new subsection
400(3) is added to that section to read:
401     74.051  Hearing on order of taking.--
402     (3)  If a defendant requests a hearing pursuant to s.
40374.041(3) and the petitioner is an electric utility that is
404seeking to appropriate property necessary for an electric
405generation plant, an associated facility of an electric
406generation plant, an electric substation, or a power line, it is
407the intent of the Legislature that the court, when practicable,  
408conduct the hearing no more than 120 days after the petition is
409filed and issue its order of taking no more than 30 days after
410the conclusion of the hearing.
411     Section 2.  Subsection (3) of section 110.171, Florida
412Statutes, is amended, and subsection (4) is added to that
413section, to read:
414     110.171  State employee telecommuting program.--
415     (3)  By September 30, 2009 October 1, 1994, each state
416agency shall identify and maintain a current listing of the job
417classifications and positions that the agency considers
418appropriate for telecommuting. Agencies that adopt a state
419employee telecommuting program must:
420     (a)  Give equal consideration to career service and exempt
421positions in their selection of employees to participate in the
422telecommuting program.
423     (b)  Provide that an employee's participation in a
424telecommuting program will not adversely affect eligibility for
425advancement or any other employment rights or benefits.
426     (c)  Provide that participation by an employee in a
427telecommuting program is voluntary, and that the employee may
428elect to cease to participate in a telecommuting program at any
430     (d)  Adopt provisions to allow for the termination of an
431employee's participation in the program if the employee's
432continued participation would not be in the best interests of
433the agency.
434     (e)  Provide that an employee is not currently under a
435performance improvement plan in order to participate in the
437     (f)  Ensure that employees participating in the program are
438subject to the same rules regarding attendance, leave,
439performance reviews, and separation action as are other
441     (g)  Establish the reasonable conditions that the agency
442plans to impose in order to ensure the appropriate use and
443maintenance of any equipment or items provided for use at a
444participating employee's home or other place apart from the
445employee's usual place of work, including the installation and
446maintenance of any telephone equipment and ongoing
447communications costs at the telecommuting site which is to be
448used for official use only.
449     (h)  Prohibit state maintenance of an employee's personal
450equipment used in telecommuting, including any liability for
451personal equipment and costs for personal utility expenses
452associated with telecommuting.
453     (i)  Describe the security controls that the agency
454considers appropriate.
455     (j)  Provide that employees are covered by workers'
456compensation under chapter 440, when performing official duties
457at an alternate worksite, such as the home.
458     (k)  Prohibit employees engaged in a telecommuting program
459from conducting face-to-face state business at the homesite.
460     (l)  Require a written agreement that specifies the terms
461and conditions of telecommuting, which includes verification by
462the employee that the home office provides work space that is
463free of safety and fire hazards, together with an agreement
464which holds the state harmless against any and all claims,
465excluding workers' compensation claims, resulting from an
466employee working in the home office, and which must be signed
467and agreed to by the telecommuter and the supervisor.
468     (m)  Provide measureable financial benefits associated with
469reduced office space requirements, reductions in energy
470consumption, and reductions in associated emissions of
471greenhouse gases resulting from telecommuting. State agencies
472operating in office space owned or managed by the department
473shall consult the facilities program to ensure its consistency
474with the strategic leasing plan required under s. 255.249(3)(b).
475     (4)  The telecommuting program for each state agency and
476pertinent supporting documents shall be posted on the agency's
477Internet website to allow access by employees and the public.
478     Section 3.  Subsection (3) of section 186.007, Florida
479Statutes, is amended to read:
480     186.007  State comprehensive plan; preparation; revision.--
481     (3)  In the state comprehensive plan, the Executive Office
482of the Governor may include goals, objectives, and policies
483related to the following program areas: economic opportunities;
484agriculture; employment; public safety; education; health
485concerns; social welfare concerns; housing and community
486development; natural resources and environmental management;
487energy; global climate change; recreational and cultural
488opportunities; historic preservation; transportation; and
489governmental direction and support services.
490     Section 4.  Subsections (10), (11), and (15) of section
491187.201, Florida Statutes, are amended to read:
492     187.201  State Comprehensive Plan adopted.--The Legislature
493hereby adopts as the State Comprehensive Plan the following
494specific goals and policies:
495     (10)  AIR QUALITY.--
496     (a)  Goal.--Florida shall comply with all national air
497quality standards by 1987, and by 1992 meet standards which are
498more stringent than 1985 state standards.
499     (b)  Policies.--
500     1.  Improve air quality and maintain the improved level to
501safeguard human health and prevent damage to the natural
503     2.  Ensure that developments and transportation systems are
504consistent with the maintenance of optimum air quality.
505     3.  Reduce sulfur dioxide and nitrogen oxide emissions and
506mitigate their effects on the natural and human environment.
507     4.  Encourage the use of alternative energy resources that
508do not degrade air quality.
509     5.  Ensure, at a minimum, that power plant fuel conversion
510does not result in higher levels of air pollution.
511     6.  Encourage the development of low-carbon-emitting
512electric power plants.
513     (11)  ENERGY.--
514     (a)  Goal.--Florida shall reduce its energy requirements
515through enhanced conservation and efficiency measures in all
516end-use sectors and shall reduce atmospheric carbon dioxide by,
517while at the same time promoting an increased use of renewable
518energy resources and low-carbon-emitting electric power plants.
519     (b)  Policies.--
520     1.  Continue to reduce per capita energy consumption.
521     2.  Encourage and provide incentives for consumer and
522producer energy conservation and establish acceptable energy
523performance standards for buildings and energy consuming items.
524     3.  Improve the efficiency of traffic flow on existing
526     4.  Ensure energy efficiency in transportation design and
527planning and increase the availability of more efficient modes
528of transportation.
529     5.  Reduce the need for new power plants by encouraging
530end-use efficiency, reducing peak demand, and using cost-
531effective alternatives.
532     6.  Increase the efficient use of energy in design and
533operation of buildings, public utility systems, and other
534infrastructure and related equipment.
535     7.  Promote the development and application of solar energy
536technologies and passive solar design techniques.
537     8.  Provide information on energy conservation through
538active media campaigns.
539     9.  Promote the use and development of renewable energy
540resources and low-carbon-emitting electric power plants.
541     10.  Develop and maintain energy preparedness plans that
542will be both practical and effective under circumstances of
543disrupted energy supplies or unexpected price surges.
544     (15)  LAND USE.--
545     (a)  Goal.--In recognition of the importance of preserving
546the natural resources and enhancing the quality of life of the
547state, development shall be directed to those areas which have
548in place, or have agreements to provide, the land and water
549resources, fiscal abilities, and service capacity to accommodate
550growth in an environmentally acceptable manner.
551     (b)  Policies.--
552     1.  Promote state programs, investments, and development
553and redevelopment activities which encourage efficient
554development and occur in areas which will have the capacity to
555service new population and commerce.
556     2.  Develop a system of incentives and disincentives which
557encourages a separation of urban and rural land uses while
558protecting water supplies, resource development, and fish and
559wildlife habitats.
560     3.  Enhance the livability and character of urban areas
561through the encouragement of an attractive and functional mix of
562living, working, shopping, and recreational activities.
563     4.  Develop a system of intergovernmental negotiation for
564siting locally unpopular public and private land uses which
565considers the area of population served, the impact on land
566development patterns or important natural resources, and the
567cost-effectiveness of service delivery.
568     5.  Encourage and assist local governments in establishing
569comprehensive impact-review procedures to evaluate the effects
570of significant development activities in their jurisdictions.
571     6.  Consider, in land use planning and regulation, the
572impact of land use on water quality and quantity; the
573availability of land, water, and other natural resources to meet
574demands; and the potential for flooding.
575     7.  Provide educational programs and research to meet
576state, regional, and local planning and growth-management needs.
577     8.  Provide for the siting of low-carbon-emitting electric
578power plants, including nuclear power plants, to meet the
579state's determined need for electric power generation.
580     Section 5.  Subsection (14) of section 196.012, Florida
581Statutes, is amended to read:
582     196.012  Definitions.--For the purpose of this chapter, the
583following terms are defined as follows, except where the context
584clearly indicates otherwise:
585     (14)  "Renewable energy source device" or "device" means
586any of the following equipment which, when installed in
587connection with a dwelling unit or other structure, collects,
588transmits, stores, or uses solar energy, wind energy, or energy
589derived from geothermal deposits:
590     (a)  Solar energy collectors.
591     (b)  Storage tanks and other storage systems, excluding
592swimming pools used as storage tanks.
593     (c)  Rockbeds.
594     (d)  Thermostats and other control devices.
595     (e)  Heat exchange devices.
596     (f)  Pumps and fans.
597     (g)  Roof ponds.
598     (h)  Freestanding thermal containers.
599     (i)  Pipes, ducts, refrigerant handling systems, and other
600equipment used to interconnect such systems; however,
601conventional backup systems of any type are not included in this
603     (j)  Windmills.
604     (k)  Wind-driven generators.
605     (l)  Power conditioning and storage devices that use wind
606energy to generate electricity or mechanical forms of energy.
607     (m)  Pipes and other equipment used to transmit hot
608geothermal water to a dwelling or structure from a geothermal
611"Renewable energy source device" or "device" also means any heat
612pump with an energy efficiency ratio (EER) or a seasonal energy
613efficiency ratio (SEER) exceeding 8.5 and a coefficient of
614performance (COP), exceeding 2.8; waste heat recovery system; or
615water heating system the primary heat source of which is a
616dedicated heat pump or the otherwise unused capacity of a heat
617pump heating, ventilating, and air-conditioning system, provided
618such device is installed in a structure substantially complete
619before January 1, 1985, and whether or not solar energy, wind
620energy, or energy derived from geothermal deposits is collected,
621transmitted, stored, or used by such device.
622     Section 6.  Section 196.175, Florida Statutes, is amended
623to read:
624     196.175  Renewable energy source exemption.--
625     (1)  Improved real property upon which a renewable energy
626source device is installed and operated shall be entitled to an
627exemption in the amount of not greater than the lesser of:
628     (a)  The assessed value of such real property less any
629other exemptions applicable under this chapter;
630     (b)  the original cost of the device, including the
631installation cost thereof, but excluding the cost of replacing
632previously existing property removed or improved in the course
633of such installation; or
634     (c)  Eight percent of the assessed value of such property
635immediately following installation.
636     (2)  The exempt amount authorized under subsection (1)
637shall apply in full if the device was installed and operative
638throughout the 12-month period preceding January 1 of the year
639of application for this exemption. If the device was operative
640for a portion of that period, the exempt amount authorized under
641this section shall be reduced proportionally.
642     (3)  It shall be the responsibility of the applicant for an
643exemption pursuant to this section to demonstrate affirmatively
644to the satisfaction of the property appraiser that he or she
645meets the requirements for exemption under this section and that
646the original cost pursuant to paragraph (1)(b) and the period
647for which the device was operative, as indicated on the
648exemption application, are correct.
649     (4)  No exemption authorized pursuant to this section shall
650be granted for a period of more than 10 years. No exemption
651shall be granted with respect to renewable energy source devices
652installed before January 1, 2009 1980, or after December 31,
654     Section 7.  Subsection (2) of section 206.43, Florida
655Statutes, is amended to read:
656     206.43  Terminal supplier, importer, exporter, blender, and
657wholesaler to report to department monthly; deduction.--The
658taxes levied and assessed as provided in this part shall be paid
659to the department monthly in the following manner:
660     (2)(a)  Such report may show in detail the number of
661gallons so sold and delivered by the terminal supplier,
662importer, exporter, blender, or wholesaler in the state, and the
663destination as to the county in the state to which the motor
664fuel was delivered for resale at retail or use shall be
665specified in the report. The total taxable gallons sold shall
666agree with the total gallons reported to the county destinations
667for resale at retail or use. All gallons of motor fuel sold
668shall be invoiced and shall name the county of destination for
669resale at retail or use.
670     (b)  Each terminal supplier, importer, blender, and
671wholesaler shall also include in the report to the department
672the number of gallons of blended and unblended gasoline, as
673defined in s. 526.203, sold.
674     Section 8.  Paragraph (ccc) of subsection (7) of section
675212.08, Florida Statutes, is amended to read:
676     212.08  Sales, rental, use, consumption, distribution, and
677storage tax; specified exemptions.--The sale at retail, the
678rental, the use, the consumption, the distribution, and the
679storage to be used or consumed in this state of the following
680are hereby specifically exempt from the tax imposed by this
682     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
683entity by this chapter do not inure to any transaction that is
684otherwise taxable under this chapter when payment is made by a
685representative or employee of the entity by any means,
686including, but not limited to, cash, check, or credit card, even
687when that representative or employee is subsequently reimbursed
688by the entity. In addition, exemptions provided to any entity by
689this subsection do not inure to any transaction that is
690otherwise taxable under this chapter unless the entity has
691obtained a sales tax exemption certificate from the department
692or the entity obtains or provides other documentation as
693required by the department. Eligible purchases or leases made
694with such a certificate must be in strict compliance with this
695subsection and departmental rules, and any person who makes an
696exempt purchase with a certificate that is not in strict
697compliance with this subsection and the rules is liable for and
698shall pay the tax. The department may adopt rules to administer
699this subsection.
700     (ccc)  Equipment, machinery, and other materials for
701renewable energy technologies.--
702     1.  As used in this paragraph, the term:
703     a.  "Biodiesel" means the mono-alkyl esters of long-chain
704fatty acids derived from plant or animal matter for use as a
705source of energy and meeting the specifications for biodiesel
706and biodiesel blends with petroleum products as adopted by the
707Department of Agriculture and Consumer Services. Biodiesel may
708refer to biodiesel blends designated BXX, where XX represents
709the volume percentage of biodiesel fuel in the blend.
710     b.  "Ethanol" means an nominally anhydrous denatured
711alcohol produced by the conversion of carbohydrates fermentation
712of plant sugars meeting the specifications for fuel ethanol and
713fuel ethanol blends with petroleum products as adopted by the
714Department of Agriculture and Consumer Services. Ethanol may
715refer to fuel ethanol blends designated EXX, where XX represents
716the volume percentage of fuel ethanol in the blend.
717     c.  "Hydrogen fuel cells" means equipment using hydrogen or
718a hydrogen-rich fuel in an electrochemical process to generate
719energy, electricity, or the transfer of heat.
720     2.  The sale or use of the following in the state is exempt
721from the tax imposed by this chapter:
722     a.  Hydrogen-powered vehicles, materials incorporated into
723hydrogen-powered vehicles, and hydrogen-fueling stations, up to
724a limit of $2 million in tax each state fiscal year for all
726     b.  Commercial stationary hydrogen fuel cells, up to a
727limit of $1 million in tax each state fiscal year for all
729     c.  Materials used in the distribution of biodiesel (B10-
730B100) and ethanol (E10-E100), including fueling infrastructure,
731transportation, and storage, up to a limit of $1 million in tax
732each state fiscal year for all taxpayers. Gasoline fueling
733station pump retrofits for ethanol (E10-E100) distribution
734qualify for the exemption provided in this sub-subparagraph.
735     3.  The Florida Energy and Climate Commission Department of
736Environmental Protection shall provide to the department a list
737of items eligible for the exemption provided in this paragraph.
738     4.a.  The exemption provided in this paragraph shall be
739available to a purchaser only through a refund of previously
740paid taxes. An eligible item is subject to refund one time. A
741person who has received a refund on an eligible item shall
742notify the next purchaser of the item that such item is no
743longer eligible for a refund of paid taxes. This notification
744shall be provided to each subsequent purchaser on the sales
745invoice or other proof of purchase.
746     b.  To be eligible to receive the exemption provided in
747this paragraph, a purchaser shall file an application with the
748Florida Energy and Climate Commission Department of
749Environmental Protection. The application shall be developed by
750the Florida Energy and Climate Commission Department of
751Environmental Protection, in consultation with the department,
752and shall require:
753     (I)  The name and address of the person claiming the
755     (II)  A specific description of the purchase for which a
756refund is sought, including, when applicable, a serial number or
757other permanent identification number.
758     (III)  The sales invoice or other proof of purchase showing
759the amount of sales tax paid, the date of purchase, and the name
760and address of the sales tax dealer from whom the property was
762     (IV)  A sworn statement that the information provided is
763accurate and that the requirements of this paragraph have been
765     c.  Within 30 days after receipt of an application, the
766Florida Energy and Climate Commission Department of
767Environmental Protection shall review the application and shall
768notify the applicant of any deficiencies. Upon receipt of a
769completed application, the Florida Energy and Climate Commission
770Department of Environmental Protection shall evaluate the
771application for exemption and issue a written certification that
772the applicant is eligible for a refund or issue a written denial
773of such certification within 60 days after receipt of the
774application. The Florida Energy and Climate Commission
775Department of Environmental Protection shall provide the
776department with a copy of each certification issued upon
777approval of an application.
778     d.  Each certified applicant shall be responsible for
779forwarding a certified copy of the application and copies of all
780required documentation to the department within 6 months after
781certification by the Florida Energy and Climate Commission
782Department of Environmental Protection.
783     e.  The provisions of s. 212.095 do not apply to any refund
784application made pursuant to this paragraph. A refund approved
785pursuant to this paragraph shall be made within 30 days after
786formal approval by the department.
787     f.  The Florida Energy and Climate Commission may adopt the
788form for the application for a certificate, requirements for the
789content and format of information submitted to the Florida
790Energy and Climate Commission in support of the application,
791other procedural requirements, and criteria by which the
792application will be determined by rule. The department may adopt
793all other rules pursuant to ss. 120.536(1) and 120.54 to
794administer this paragraph, including rules establishing
795additional forms and procedures for claiming this exemption.
796     g.  The Florida Energy and Climate Commission Department of
797Environmental Protection shall be responsible for ensuring that
798the total amounts of the exemptions authorized do not exceed the
799limits as specified in subparagraph 2.
800     5.  The Florida Energy and Climate Commission Department of
801Environmental Protection shall determine and publish on a
802regular basis the amount of sales tax funds remaining in each
803fiscal year.
804     6.  This paragraph expires July 1, 2010.
805     Section 9.  Present subsections (1), (3), (6), and (7) of
806section 220.192, Florida Statutes, are amended, and a new
807subsection (6) is added to that section, to read:
808     220.192  Renewable energy technologies investment tax
810     (1)  DEFINITIONS.--For purposes of this section, the term:
811     (a)  "Biodiesel" means biodiesel as defined in s.
813     (b)  "Corporation" includes a general partnership, limited
814partnership, limited liability company, unincorporated business,
815or other business entity, including entities taxed as
816partnerships for federal income tax purposes.
817     (c)(b)  "Eligible costs" means:
818     1.  Seventy-five percent of all capital costs, operation
819and maintenance costs, and research and development costs
820incurred between July 1, 2006, and June 30, 2010, up to a limit
821of $3 million per state fiscal year for all taxpayers, in
822connection with an investment in hydrogen-powered vehicles and
823hydrogen vehicle fueling stations in the state, including, but
824not limited to, the costs of constructing, installing, and
825equipping such technologies in the state.
826     2.  Seventy-five percent of all capital costs, operation
827and maintenance costs, and research and development costs
828incurred between July 1, 2006, and June 30, 2010, up to a limit
829of $1.5 million per state fiscal year for all taxpayers, and
830limited to a maximum of $12,000 per fuel cell, in connection
831with an investment in commercial stationary hydrogen fuel cells
832in the state, including, but not limited to, the costs of
833constructing, installing, and equipping such technologies in the
835     3.  Seventy-five percent of all capital costs, operation
836and maintenance costs, and research and development costs
837incurred between July 1, 2006, and June 30, 2010, up to a limit
838of $6.5 million per state fiscal year for all taxpayers, in
839connection with an investment in the production, storage, and
840distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
841the state, including the costs of constructing, installing, and
842equipping such technologies in the state. Gasoline fueling
843station pump retrofits for ethanol (E10-E100) distribution
844qualify as an eligible cost under this subparagraph.
845     (d)(c)  "Ethanol" means ethanol as defined in s.
847     (e)(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
848defined in s. 212.08(7)(ccc).
849     (f)  "Taxpayer" includes a corporation as defined in
850paragraph (b) or s. 220.03.
851     (3)  CORPORATE APPLICATION PROCESS.--Any corporation
852wishing to obtain tax credits available under this section must
853submit to the Florida Energy and Climate Commission Department
854of Environmental Protection an application for tax credit that
855includes a complete description of all eligible costs for which
856the corporation is seeking a credit and a description of the
857total amount of credits sought. The Florida Energy and Climate
858Commission Department of Environmental Protection shall make a
859determination on the eligibility of the applicant for the
860credits sought and certify the determination to the applicant
861and the Department of Revenue. The corporation must attach the
862Florida Energy and Climate Commission's Department of
863Environmental Protection's certification to the tax return on
864which the credit is claimed. The Florida Energy and Climate
865Commission Department of Environmental Protection shall be
866responsible for ensuring that the corporate income tax credits
867granted in each fiscal year do not exceed the limits provided
868for in this section. The Florida Energy and Climate Commission
869Department of Environmental Protection is authorized to adopt
870the necessary rules, guidelines, and application materials for
871the application process.
873     (a)  For tax years beginning on or after January 1, 2009,
874any corporation or subsequent transferee allowed a tax credit
875under this section may transfer the credit, in whole or in part,
876to any taxpayer by written agreement without transferring any
877ownership interest in the property generating the credit or any
878interest in the entity owning such property. The transferee is
879entitled to apply the credits against the tax with the same
880effect as if the transferee had incurred the eligible costs.
881     (b)  To perfect the transfer, the transferor shall provide
882the department with a written transfer statement notifying the
883department of the transferor's intent to transfer the tax
884credits to the transferee; the date the transfer is effective;
885the transferee's name, address, and federal taxpayer
886identification number; the tax period; and the amount of tax
887credits to be transferred. The department shall, upon receipt of
888a transfer statement conforming to the requirements of this
889section, provide the transferee with a certificate reflecting
890the tax credit amounts transferred. A copy of the certificate
891must be attached to each tax return for which the transferee
892seeks to apply such tax credits.
893     (c)  A tax credit authorized under this section that is
894held by a corporation and not transferred under this subsection
895shall be passed through to the taxpayers designated as partners,
896members, or owners, respectively, in the manner agreed to by
897such persons regardless of whether such partners, members, or
898owners are allocated or allowed any portion of the federal
899energy tax credit for the eligible costs. A corporation that
900passes the credit through to a partner, member, or owner must
901comply with the notification requirements described in paragraph
902(b). The partner, member, or owner must attach a copy of the
903certificate to each tax return on which the partner, member, or
904owner claims any portion of the credit.
905     (7)(6)  RULES.--The Department of Revenue shall have the
906authority to adopt rules pursuant to ss. 120.536(1) and 120.54
907to administer this section, including rules relating to:
908     (a)  The forms required to claim a tax credit under this
909section, the requirements and basis for establishing an
910entitlement to a credit, and the examination and audit
911procedures required to administer this section.
912     (b)  The implementation and administration of the
913provisions allowing a transfer of a tax credit, including rules
914prescribing forms, reporting requirements, and specific
915procedures, guidelines, and requirements necessary to transfer a
916tax credit.
917     (8)(7)  PUBLICATION.--The Florida Energy and Climate
918Commission Department of Environmental Protection shall
919determine and publish on a regular basis the amount of available
920tax credits remaining in each fiscal year.
921     Section 10.  Paragraphs (f) and (g) are added to subsection
922(2) and paragraphs (j) and (k) are added to subsection (3) of
923section 220.193, Florida Statutes, to read:
924     220.193  Florida renewable energy production credit.--
925     (2)  As used in this section, the term:
926     (f)  "Sale" or "sold" includes the use of electricity by
927the producer of such electricity which decreases the amount of
928electricity that the producer would otherwise have to purchase.
929     (g)  "Taxpayer" includes a general partnership, limited
930partnership, limited liability company, trust, or other
931artificial entity in which a corporation, as defined in s.
932220.03(1)(e), owns an interest and is taxed as a partnership or
933is disregarded as a separate entity from the corporation under
934this chapter.
935     (3)  An annual credit against the tax imposed by this
936section shall be allowed to a taxpayer, based on the taxpayer's
937production and sale of electricity from a new or expanded
938Florida renewable energy facility. For a new facility, the
939credit shall be based on the taxpayer's sale of the facility's
940entire electrical production. For an expanded facility, the
941credit shall be based on the increases in the facility's
942electrical production that are achieved after May 1, 2006.
943     (j)  When an entity treated as a partnership or a
944disregarded entity under this chapter produces and sells
945electricity from a new or expanded renewable energy facility,
946the credit earned by such entity shall pass through in the same
947manner as items of income and expense pass through for federal
948income tax purposes. When an entity applies for the credit and
949the entity has received the credit by a pass-through, the
950application must identify the taxpayer that passed the credit
951through, all taxpayers that received the credit, and the
952percentage of the credit that passes through to each recipient
953and must provide other information that the department requires.
954     (k)  A taxpayer's use of the credit granted pursuant to
955this section does not reduce the amount of any credit available
956to such taxpayer under s. 220.186.
957     Section 11.  It is the intent of the Legislature that the
958amendments made by this act to s. 220.193, Florida Statutes, are
959remedial in nature and apply retroactively to the effective date
960of the law establishing the credit.
961     Section 12.  Subsection (2) of section 253.02, Florida
962Statutes, is amended to read:
963     253.02  Board of trustees; powers and duties.--
964     (2)(a)  The board of trustees shall not sell, transfer, or
965otherwise dispose of any lands the title to which is vested in
966the board of trustees except by vote of at least three of the
967four trustees.
968     (b)  The authority of the board of trustees to grant
969easements for rights-of-way over, across, and upon uplands the
970title to which is vested in the board of trustees for the
971construction and operation of electric transmission and
972distribution facilities and related appurtenances is hereby
973confirmed. The board of trustees may delegate to the Secretary
974of Environmental Protection the authority to grant such
975easements on its behalf. All easements for rights-of-way over,
976across, and upon uplands the title to which is vested in the
977board of trustees for the construction and operation of electric
978transmission and distribution facilities and related
979appurtenances shall meet the following criteria:
980     1.  Such easements do not prevent the use of the state-
981owned uplands adjacent to the easement area for the purposes for
982which such lands were acquired and do not unreasonably diminish
983the ecological, conservation, or recreational values of the
984state-owned uplands adjacent to the easement area.
985     2.  There is no practical and prudent alternative to
986locating the linear facility and related appurtenances on state-
987owned upland. For purposes of this subparagraph, the test of
988practicality and prudence shall compare the social, economic,
989and environmental effects of the alternatives.
990     3.  Appropriate steps are taken to minimize the impacts to
991state-owned uplands. Such steps may include:
992     a.  Siting of facilities so as to reduce impacts and
993minimize fragmentation of the overall state-owned parcel;
994     b.  Avoiding significant wildlife habitat, wetlands, or
995other valuable natural resources to the maximum extent
996practicable; or
997     c.  Avoiding interference with active land management
998practices, such as prescribed burning.
999     4.  Except for easements granted as a part of a land
1000exchange initiated by a governmental entity to accomplish a
1001recreational or conservation benefit or other public purpose, in
1002exchange for such easements, the grantee pays an amount equal to
1003the market value of the interest acquired. In addition, for the
1004initial grant of such easements only, the grantee shall provide
1005additional compensation by vesting in the board of trustees fee
1006simple title to other available uplands that are 1.5 times the
1007size of the easement acquired by the grantee. The grantor shall
1008approve the property to be acquired on its behalf based on the
1009geographic location in relation to the land proposed to be under
1010easement and a determination that economic, ecological, and
1011recreational value is at least equivalent to the value of the
1012lands under proposed easement. Priority for replacement uplands
1013shall be given to parcels identified as in-holdings and
1014additions to public lands and lands on a Florida Forever land
1015acquisition list. However, if suitable replacement uplands
1016cannot be identified, the grantee shall provide additional
1017compensation for the initial grant of such easements only by
1018paying to the department an amount equal to 2 times the current
1019market value of the state-owned land or the highest and best use
1020value at the time of purchase, whichever is greater. When
1021determining the use of such funds, priority shall be given to
1022parcels identified as in-holdings and additions to public lands
1023and lands on a Florida Forever land acquisition list.
1024     Section 13.  Paragraph (d) of subsection (3) of section
1025255.249, Florida Statutes, is amended to read:
1026     255.249  Department of Management Services; responsibility;
1027department rules.--
1028     (3)
1029     (d)  By June 30 of each year, each state agency shall
1030annually provide to the department all information regarding
1031agency programs affecting the need for or use of space by that
1032agency, reviews of lease-expiration schedules for each
1033geographic area, active and planned full-time equivalent data,
1034business case analyses related to consolidation plans by an
1035agency, a telecommuting program, and current occupancy and
1036relocation costs, inclusive of furnishings, fixtures and
1037equipment, data, and communications.
1038     Section 14.  Section 255.251, Florida Statutes, is amended
1039to read:
1040     255.251  Energy Conservation and Sustainable in Buildings
1041Act; short title.--This act shall be cited as the "Florida
1042Energy Conservation and Sustainable in Buildings Act of 1974."
1043     Section 15.  Section 255.252, Florida Statutes, is amended
1044to read:
1045     255.252  Findings and intent.--
1046     (1)  Operating and maintenance expenditures associated with
1047energy equipment and with energy consumed in state-financed and
1048leased buildings represent a significant cost over the life of a
1049building. Energy conserved by appropriate building design not
1050only reduces the demand for energy but also reduces costs for
1051building operation. For example, commercial buildings are
1052estimated to use from 20 to 80 percent more energy than would be
1053required if energy-conserving designs were used. The size,
1054design, orientation, and operability of windows, the ratio of
1055ventilating air to air heated or cooled, the level of lighting
1056consonant with space-use requirements, the handling of occupancy
1057loads, and the ability to zone off areas not requiring
1058equivalent levels of heating or cooling are but a few of the
1059considerations necessary to conserving energy.
1060     (2)  Significant efforts are needed to build energy-
1061efficient state-owned buildings that meet environmental
1062standards and underway by the General Services Administration,
1063the National Institute of Standards and Technology, and others
1064to detail the considerations and practices for energy
1065conservation in buildings. Most important is that energy-
1066efficient designs provide energy savings over the life of the
1067building structure. Conversely, energy-inefficient designs cause
1068excess and wasteful energy use and high costs over that life.
1069With buildings lasting many decades and with energy costs
1070escalating rapidly, it is essential that the costs of operation
1071and maintenance for energy-using equipment and sustainable
1072materials be included in all design proposals for state-owned
1073state buildings.
1074     (3)  In order that such energy-efficiency and sustainable
1075materials considerations become a function of building design,
1076and also a model for future application in the private sector,
1077it shall be the policy of the state that buildings constructed
1078and financed by the state be designed and constructed to comply
1079with the United States Green Building Council (USGBC) Leadership
1080in Energy and Environmental Design (LEED) rating system, the
1081Green Building Initiative's Green Globes rating system, the
1082Florida Green Building Coalition standards, or a nationally
1083recognized, high-performance green building rating system as
1084approved by the department in a manner which will minimize the
1085consumption of energy used in the operation and maintenance of
1086such buildings. It is further the policy of the state, when
1087economically feasible, to retrofit existing state-owned
1088buildings in a manner which will minimize the consumption of
1089energy used in the operation and maintenance of such buildings.
1090     (4)  In addition to designing and constructing new
1091buildings to be energy-efficient, it shall be the policy of the
1092state to operate and, maintain, and renovate existing state
1093facilities, or provide for their renovation, in a manner which
1094will minimize energy consumption and maximize building
1095sustainability as well as ensure that facilities leased by the
1096state are operated so as to minimize energy use. It is further
1097the policy of the state that the renovation of existing state
1098facilities be in accordance with the United States Green
1099Building Council (USGBC) Leadership in Energy and Environmental
1100Design (LEED) rating system, the Green Building Initiative's
1101Green Globes rating system, the Florida Green Building Coalition
1102standards, or a nationally recognized, high-performance green
1103building rating system as approved by the department. State
1104agencies are encouraged to consider shared savings financing of
1105such energy efficiency and conservation projects, using
1106contracts which split the resulting savings for a specified
1107period of time between the state agency and the private firm or
1108cogeneration contracts which otherwise permit the state to lower
1109its net energy costs. Such energy contracts may be funded from
1110the operating budget.
1111     (5)  Each state agency occupying space within buildings
1112owned or managed by the Department of Management Services must
1113identify and compile a list of projects determined to be
1114suitable for a guaranteed energy, water, and wastewater
1115performance savings contract pursuant to s. 489.145. The list of
1116projects compiled by each state agency shall be submitted to the
1117Department of Management Services by December 31, 2008, and must
1118include all criteria used to determine suitability. The list of
1119projects shall be developed from the list of state-owned
1120facilities more than 5,000 square feet in area and for which the
1121state agency is responsible for paying the expenses of utilities
1122and other operating expenses as they relate to energy use. In
1123consultation with the head of each state agency, by July 1,
11242009, the department shall prioritize all projects deemed
1125suitable by each state agency and shall develop an energy
1126efficiency project schedule based on factors such as project
1127magnitude, efficiency and effectiveness of energy conservation
1128measures to be implemented, and other factors that may prove to
1129be advantageous to pursue. The schedule shall provide the
1130deadline for guaranteed energy, water, and wastewater
1131performance savings contract improvements to be made to the
1132state-owned buildings.
1133     Section 16.  Subsections (6) and (7) are added to section
1134255.253, Florida Statutes, to read:
1135     255.253  Definitions; ss. 255.251-255.258.--
1136     (6)  "Sustainable building" means a building that is
1137healthy and comfortable for its occupants and is economical to
1138operate while conserving resources, including energy, water, and
1139raw materials and land, and minimizing the generation and use of
1140toxic materials and waste in its design, construction,
1141landscaping, and operation.
1142     (7)  "Sustainable building rating" means a rating
1143established by the United States Green Building Council (USGBC)
1144Leadership in Energy and Environmental Design (LEED) rating
1145system, the Green Building Initiative's Green Globes rating
1146system, the Florida Green Building Coalition standards, or a
1147nationally recognized, high-performance green building rating
1148system as approved by the department.
1149     Section 17.  Subsection (1) of section 255.254, Florida
1150Statutes, is amended to read:
1151     255.254  No facility constructed or leased without life-
1152cycle costs.--
1153     (1)  No state agency shall lease, construct, or have
1154constructed, within limits prescribed in this section herein, a
1155facility without having secured from the department an a proper
1156evaluation of life-cycle costs based on sustainable building
1157ratings, as computed by an architect or engineer. Furthermore,
1158construction shall proceed only upon disclosing to the
1159department, for the facility chosen, the life-cycle costs as
1160determined in s. 255.255, the facility's sustainable building
1161rating goal, and the capitalization of the initial construction
1162costs of the building. The life-cycle costs and the sustainable
1163building rating goal shall be a primary considerations
1164consideration in the selection of a building design. Such
1165analysis shall be required only for construction of buildings
1166with an area of 5,000 square feet or greater. For leased
1167buildings more than 5,000 areas of 20,000 square feet in area or
1168greater within a given building boundary, an energy performance
1169a life-cycle analysis consisting of a projection of the annual
1170energy consumption costs in dollars per square foot of major
1171energy-consuming equipment and systems based on actual expenses
1172from the last 3 years and projected forward for the term of the
1173proposed lease shall be performed. The, and a lease shall only
1174be made where there is a showing that the energy life-cycle
1175costs incurred by the state are minimal compared to available
1176like facilities. A lease agreement for any building leased by
1177the state from a private-sector entity shall include provisions
1178for monthly energy use data to be collected and submitted
1179monthly to the department by the owner of the building.
1180     Section 18.  Subsection (1) of section 255.255, Florida
1181Statutes, is amended to read:
1182     255.255  Life-cycle costs.--
1183     (1)  The department shall adopt promulgate rules and
1184procedures, including energy conservation performance guidelines
1185based on sustainable building ratings, for conducting a life-
1186cycle cost analysis of alternative architectural and engineering
1187designs and alternative major items of energy-consuming
1188equipment to be retrofitted in existing state-owned or leased
1189facilities and for developing energy performance indices to
1190evaluate the efficiency of energy utilization for competing
1191designs in the construction of state-financed and leased
1193     Section 19.  Section 255.257, Florida Statutes, is amended
1194to read:
1195     255.257  Energy management; buildings occupied by state
1197     (1)  ENERGY CONSUMPTION AND COST DATA.--Each state agency
1198shall collect data on energy consumption and cost. The data
1199gathered shall be on state-owned facilities and metered state-
1200leased facilities of 5,000 net square feet or more. These data
1201will be used in the computation of the effectiveness of the
1202state energy management plan and the effectiveness of the energy
1203management program of each of the state agencies. Collected data
1204shall be reported annually to the department in a format
1205prescribed by the department.
1206     (2)  ENERGY MANAGEMENT COORDINATORS.--Each state agency,
1207the Florida Public Service Commission, the Department of
1208Military Affairs, and the judicial branch shall appoint a
1209coordinator whose responsibility shall be to advise the head of
1210the state agency on matters relating to energy consumption in
1211facilities under the control of that head or in space occupied
1212by the various units comprising that state agency, in vehicles
1213operated by that state agency, and in other energy-consuming
1214activities of the state agency. The coordinator shall implement
1215the energy management program agreed upon by the state agency
1216concerned and assist the department in the development of the
1217State Energy Management Plan.
1219Department of Management Services shall may develop a state
1220energy management plan consisting of, but not limited to, the
1221following elements:
1222     (a)  Data-gathering requirements;
1223     (b)  Building energy audit procedures;
1224     (c)  Uniform data analysis procedures;
1225     (d)  Employee energy education program measures;
1226     (e)  Energy consumption reduction techniques;
1227     (f)  Training program for state agency energy management
1228coordinators; and
1229     (g)  Guidelines for building managers.
1231The plan shall include a description of actions that state
1232agencies shall take to reduce consumption of electricity and
1233nonrenewable energy sources used for space heating and cooling,
1234ventilation, lighting, water heating, and transportation.
1235     (4)  ADOPTION OF STANDARDS.--
1236     (a)  All state agencies shall adopt the United States Green
1237Building Council (USGBC) Leadership in Energy and Environmental
1238Design (LEED) rating system, the Green Building Initiative's
1239Green Globes rating system, the Florida Green Building Coalition
1240standards, or a nationally recognized, high-performance green
1241building rating system as approved by the department for all new
1242buildings and renovations to existing buildings.
1243     (b)  No state agency shall enter into new leasing
1244agreements for office space that does not meet Energy Star
1245building standards, except when determined by the appropriate
1246state agency head that no other viable or cost-effective
1247alternative exists.
1248     (c)  All state agencies shall develop energy conservation
1249measures and guidelines for new and existing office space where
1250state agencies occupy more than 5,000 square feet. These
1251conservation measures shall focus on programs that may reduce
1252energy consumption and, when established, provide a net
1253reduction in occupancy costs.
1254     Section 20.  (1)  The Legislature declares that there is an
1255important state interest in promoting the construction of
1256energy-efficient and sustainable buildings. Government
1257leadership in promoting these standards is vital to demonstrate
1258the state's commitment to energy conservation, saving taxpayers
1259money, and raising public awareness of energy-rating systems.
1260     (2)  All county, municipal, school district, water
1261management district, state university, community college, and
1262Florida state court buildings shall be constructed to meet the
1263United States Green Building Council (USGBC) Leadership in
1264Energy and Environmental Design (LEED) rating system, the Green
1265Building Initiative's Green Globes rating system, the Florida
1266Green Building Coalition standards, or a nationally recognized,
1267high-performance green building rating system as approved by the
1268Department of Management Services. This section shall apply to
1269all county, municipal, school district, water management
1270district, state university, community college, and Florida state
1271court buildings the architectural plans of which are commenced
1272after July 1, 2008.
1273     (3)  St. Petersburg College may work with the Florida
1274Community College System and may consult with the University of
1275Florida to provide training and educational opportunities that
1276will ensure that green building rating system certifying agents
1277(accredited professionals who possess a knowledge and
1278understanding of green building processes, practices, and
1279principles) are available to work with the entities specified in
1280subsection (2) as they construct public buildings to meet green
1281building rating system standards. St. Petersburg College may
1282work with the construction industry to develop online continuing
1283education curriculum for use statewide by builders constructing
1284energy-efficient and sustainable public-sector buildings and
1285students interested in the college's Green/Sustainability Track
1286in its Management and Organization Leadership area of study.
1287Curriculum developed may be offered by St. Petersburg College or
1288in cooperation with other programs at other community colleges.
1289     Section 21.  Section 286.29, Florida Statutes, is created
1290to read:
1291     286.29  Climate-friendly public business.--The Legislature
1292recognizes the importance of leadership by state government in
1293the area of energy efficiency and in reducing the greenhouse gas
1294emissions of state government operations. The following shall
1295pertain to all state agencies when conducting public business:
1296     (1)  The Department of Management Services shall develop
1297the "Florida Climate-Friendly Preferred Products List." In
1298maintaining that list, the department, in consultation with the
1299Department of Environmental Protection, shall continually assess
1300products currently available for purchase under state term
1301contracts to identify specific products and vendors that offer
1302clear energy efficiency or other environmental benefits over
1303competing products. When procuring products from state term
1304contracts, state agencies shall first consult the Florida
1305Climate-Friendly Preferred Products List and procure such
1306products if the price is comparable.
1307     (2)  Effective July 1, 2008, state agencies shall contract
1308for meeting and conference space only with hotels or conference
1309facilities that have received the "Green Lodging" designation
1310from the Department of Environmental Protection for best
1311practices in water, energy, and waste efficiency standards,
1312unless the responsible state agency head makes a determination
1313that no other viable alternative exists. The Department of
1314Environmental Protection is authorized to adopt rules to
1315implement the "Green Lodging" program.
1316     (3)  Each state agency shall ensure that all maintained
1317vehicles meet minimum maintenance schedules shown to reduce fuel
1318consumption, which include: ensuring appropriate tire pressures
1319and tread depth; replacing fuel filters and emission filters at
1320recommended intervals; using proper motor oils; and performing
1321timely motor maintenance. Each state agency shall measure and
1322report compliance to the Department of Management Services
1323through the Equipment Management Information System database.
1324     (4)  When procuring new vehicles, all state agencies, state
1325universities, community colleges, and local governments that
1326purchase vehicles under a state purchasing plan shall first
1327define the intended purpose for the vehicle and determine which
1328of the following use classes for which the vehicle is being
1330     (a)  State business travel, designated operator;
1331     (b)  State business travel, pool operators;
1332     (c)  Construction, agricultural, or maintenance work;
1333     (d)  Conveyance of passengers;
1334     (e)  Conveyance of building or maintenance materials and
1336     (f)  Off-road vehicle, motorcycle, or all-terrain vehicle;
1337     (g)  Emergency response; or
1338     (h)  Other.
1340Vehicles described in paragraphs (a) through (h), when being
1341processed for purchase or leasing agreements, must be selected
1342for the greatest fuel efficiency available for a given use class
1343when fuel economy data are available. Exceptions may be made for
1344individual vehicles in paragraph (g) when accompanied, during
1345the procurement process, by documentation indicating that the
1346operator or operators will exclusively be emergency first
1347responders or have special documented need for exceptional
1348vehicle performance characteristics. Any request for an
1349exception must be approved by the purchasing agency head and any
1350exceptional performance characteristics denoted as a part of the
1351procurement process prior to purchase.
1352     (5)  All state agencies shall use ethanol and biodiesel
1353blended fuels when available. State agencies administering
1354central fueling operations for state-owned vehicles shall
1355procure biofuels for fleet needs to the greatest extent
1357     Section 22.  Paragraph (b) of subsection (2) and subsection
1358(5) of section 287.063, Florida Statutes, are amended to read:
1359     287.063  Deferred-payment commodity contracts; preaudit
1361     (2)
1362     (b)  The Chief Financial Officer shall establish, by rule,
1363criteria for approving purchases made under deferred-payment
1364contracts which require the payment of interest. Criteria shall
1365include, but not be limited to, the following provisions:
1366     1.  No contract shall be approved in which interest exceeds
1367the statutory ceiling contained in this section. However, the
1368interest component of any master equipment financing agreement
1369entered into for the purpose of consolidated financing of a
1370deferred-payment, installment sale, or lease-purchase shall be
1371deemed to comply with the interest rate limitation of this
1372section so long as the interest component of every interagency
1373agreement under such master equipment financing agreement
1374complies with the interest rate limitation of this section.
1375     2.  No deferred-payment purchase for less than $30,000
1376shall be approved, unless it can be satisfactorily demonstrated
1377and documented to the Chief Financial Officer that failure to
1378make such deferred-payment purchase would adversely affect an
1379agency in the performance of its duties. However, the Chief
1380Financial Officer may approve any deferred-payment purchase if
1381the Chief Financial Officer determines that such purchase is
1382economically beneficial to the state.
1383     3.  No agency shall obligate an annualized amount of
1384payments for deferred-payment purchases in excess of current
1385operating capital outlay appropriations, unless specifically
1386authorized by law or unless it can be satisfactorily
1387demonstrated and documented to the Chief Financial Officer that
1388failure to make such deferred-payment purchase would adversely
1389affect an agency in the performance of its duties.
1390     3.4.  No contract shall be approved which extends payment
1391beyond 5 years, unless it can be satisfactorily demonstrated and
1392documented to the Chief Financial Officer that failure to make
1393such deferred-payment purchase would adversely affect an agency
1394in the performance of its duties. The payment term may not
1395exceed the useful life of the equipment unless the contract
1396provides for the replacement or the extension of the useful life
1397of the equipment during the term of the loan.
1398     (5)  For purposes of this section, the annualized amount of
1399any such deferred payment commodity contract must be supported
1400from available recurring funds appropriated to the agency in an
1401appropriation category, other than the expense appropriation
1402category as defined in chapter 216, that the Chief Financial
1403Officer has determined is appropriate or that the Legislature
1404has designated for payment of the obligation incurred under this
1406     Section 23.  Subsections (10) and (11) of section 287.064,
1407Florida Statutes, are amended to read:
1408     287.064  Consolidated financing of deferred-payment
1410     (10)(a)  A master equipment financing agreement may finance
1411Costs incurred pursuant to a guaranteed energy performance
1412savings contract, including the cost of energy, water, or
1413wastewater efficiency and conservation measures, each as defined
1414in s. 489.145, excluding may be financed pursuant to a master
1415equipment financing agreement; however, the costs of training,
1416operation, and maintenance, for a term of repayment that may not
1417be financed. The period of time for repayment of the funds drawn
1418pursuant to the master equipment financing agreement under this
1419subsection may exceed 5 years but may not exceed 20 10 years.
1420     (b)  The guaranteed energy, water, and wastewater savings
1421contractor shall provide for the replacement or the extension of
1422the useful life of the equipment during the term of the
1424     (11)  For purposes of consolidated financing of deferred
1425payment commodity contracts under this section by a state
1426agency, the annualized amount of any such contract must be
1427supported from available recurring funds appropriated to the
1428agency in an appropriation category, other than the expense
1429appropriation category as defined in chapter 216, which that the
1430Chief Financial Officer has determined is appropriate or which
1431that the Legislature has designated for payment of the
1432obligation incurred under this section.
1433Section 24.  Present paragraphs (a) through (n) of
1434subsection (2) of section 288.1089, Florida Statutes, are
1435redesignated as paragraphs (b) through (o), respectively, and a
1436new paragraph (a) is added to that subsection, subsections (3),
1437(5), (6), and (7) of that section are amended, and paragraph (d)
1438is added to subsection (4) of that section, to read:
1439288.1089  Innovation Incentive Program.--
1440     (1)  The Innovation Incentive Program is created within the
1441Office of Tourism, Trade, and Economic Development to ensure
1442that sufficient resources are available to allow the state to
1443respond expeditiously to extraordinary economic opportunities
1444and to compete effectively for high-value research and
1445development and innovation business projects.
1446     (2)  As used in this section, the term:
1447     (a)  "Alternative and renewable energy" means electrical,
1448mechanical, or thermal energy produced from a method that uses
1449one or more of the following fuels or energy sources: ethanol,
1450cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,
1451hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,
1452or geothermal.
1453     (3)  To be eligible for consideration for an innovation
1454incentive award, an innovation business or research and
1455development entity, or alternative and renewable energy project
1456must submit a written application to Enterprise Florida, Inc.,
1457before making a decision to locate new operations in this state
1458or expand an existing operation in this state. The application
1459must include, but not be limited to:
1460     (a)  The applicant's federal employer identification
1461number, unemployment account number, and state sales tax
1462registration number. If such numbers are not available at the
1463time of application, they must be submitted to the office in
1464writing prior to the disbursement of any payments under this
1466     (b)  The location in this state at which the project is
1467located or is to be located.
1468     (c)  A description of the type of business activity,
1469product, or research and development undertaken by the
1470applicant, including six-digit North American Industry
1471Classification System codes for all activities included in the
1473     (d)  The applicant's projected investment in the project.
1474     (e)  The total investment, from all sources, in the
1476     (f)  The number of net new full-time equivalent jobs in
1477this state the applicant anticipates having created as of
1478December 31 of each year in the project and the average annual
1479wage of such jobs.
1480     (g)  The total number of full-time equivalent employees
1481currently employed by the applicant in this state, if
1483     (h)  The anticipated commencement date of the project.
1484     (i)  A detailed explanation of why the innovation incentive
1485is needed to induce the applicant to expand or locate in the
1486state and whether an award would cause the applicant to locate
1487or expand in this state.
1488     (j)  If applicable, an estimate of the proportion of the
1489revenues resulting from the project that will be generated
1490outside this state.
1491     (4)  To qualify for review by the office, the applicant
1492must, at a minimum, establish the following to the satisfaction
1493of Enterprise Florida, Inc., and the office:
1494     (d)  For an alternative and renewable energy project in
1495this state, the project must:
1496     1.  Demonstrate a plan for significant collaboration with
1497an institution of higher education;
1498     2.  Provide the state, at a minimum, a break-even return on
1499investment within a 20-year period;
1500     3.  Include matching funds provided by the applicant or
1501other available sources. This requirement may be waived if the
1502office and the department determine that the merits of the
1503individual project or the specific circumstances warrant such
1505     4.  Be located in this state;
1506     5.  Provide jobs that pay an estimated annual average wage
1507that equals at least 130 percent of the average private-sector
1508wage. The average wage requirement may be waived if the office
1509and the commission determine that the merits of the individual
1510project or the specific circumstances warrant such action; and
1511     6.  Meet one of the following criteria:
1512     a.  Result in the creation of at least 35 direct, new jobs
1513at the business.
1514     b.  Have an activity or product that uses feedstock or
1515other raw materials grown or produced in this state.
1516     c.  Have a cumulative investment of at least $50 million
1517within a 5-year period.
1518     d.  Address the technical feasibility of the technology,
1519and the extent to which the proposed project has been
1520demonstrated to be technically feasible based on pilot project
1521demonstrations, laboratory testing, scientific modeling, or
1522engineering or chemical theory that supports the proposal.
1523     e.  Include innovative technology and the degree to which
1524the project or business incorporates an innovative new
1525technology or an innovative application of an existing
1527     f.  Include production potential and the degree to which a
1528project or business generates thermal, mechanical, or electrical
1529energy by means of a renewable energy resource that has
1530substantial long-term production potential. The project must, to
1531the extent possible, quantify annual production potential in
1532megawatts or kilowatts.
1533     g.  Include and address energy efficiency and the degree to
1534which a project demonstrates efficient use of energy, water, and
1535material resources.
1536     h.  Include project management and the ability of
1537management to administer a complete the business project.
1538     (5)  Enterprise Florida, Inc., shall evaluate proposals for
1539innovation incentive awards and transmit recommendations for
1540awards to the office. Enterprise Florida, Inc., shall solicit
1541comments and recommendations from the Florida Energy and Climate
1542Commission for alternative and renewable energy project
1543proposals. Such evaluation and recommendation must include, but
1544need not be limited to:
1545     (a)  A description of the project, its required facilities,
1546and the associated product, service, or research and development
1547associated with the project.
1548     (b)  The percentage of match provided for the project.
1549     (c)  The number of full-time equivalent jobs that will be
1550created by the project, the total estimated average annual wages
1551of such jobs, and the types of business activities and jobs
1552likely to be stimulated by the project.
1553     (d)  The cumulative investment to be dedicated to the
1554project within 5 years and the total investment expected in the
1555project if more than 5 years.
1556     (e)  The projected economic and fiscal impacts on the local
1557and state economies relative to investment.
1558     (f)  A statement of any special impacts the project is
1559expected to stimulate in a particular business sector in the
1560state or regional economy or in the state's universities and
1561community colleges.
1562     (g)  A statement of any anticipated or proposed
1563relationships with state universities.
1564     (h)  A statement of the role the incentive is expected to
1565play in the decision of the applicant to locate or expand in
1566this state.
1567     (i)  A recommendation and explanation of the amount of the
1568award needed to cause the applicant to expand or locate in this
1570     (j)  A discussion of the efforts and commitments made by
1571the local community in which the project is to be located to
1572induce the applicant's location or expansion, taking into
1573consideration local resources and abilities.
1574     (k)  A recommendation for specific performance criteria the
1575applicant would be expected to achieve in order to receive
1576payments from the fund and penalties or sanctions for failure to
1577meet or maintain performance conditions.
1578     (l)  For a research and development facility project:
1579     1.  A description of the extent to which the project has
1580the potential to serve as catalyst for an emerging or evolving
1582     2.  A description of the extent to which the project has or
1583could have a long-term collaborative research and development
1584relationship with one or more universities or community colleges
1585in this state.
1586     3.  A description of the existing or projected impact of
1587the project on established clusters or targeted industry
1589     4.  A description of the project's contribution to the
1590diversity and resiliency of the innovation economy of this
1592     5.  A description of the project's impact on special needs
1593communities, including, but not limited to, rural areas,
1594distressed urban areas, and enterprise zones.
1595     (6)  In consultation with Enterprise Florida, Inc., the
1596office may negotiate the proposed amount of an award for any
1597applicant meeting the requirements of this section. In
1598negotiating such award, the office shall consider the amount of
1599the incentive needed to cause the applicant to locate or expand
1600in this state in conjunction with other relevant applicant
1601impact and cost information and analysis as described in this
1602section. Particular emphasis shall be given to the potential for
1603the project to stimulate additional private investment and high-
1604quality employment opportunities in the area.
1605     (7)  Upon receipt of the evaluation and recommendation from
1606Enterprise Florida, Inc., and from the Florida Energy and
1607Climate Commission for alternative and renewable energy project
1608proposals, the director shall recommend to the Governor the
1609approval or disapproval of an award. In recommending approval of
1610an award, the director shall include proposed performance
1611conditions that the applicant must meet in order to obtain
1612incentive funds and any other conditions that must be met before
1613the receipt of any incentive funds. The Governor shall consult
1614with the President of the Senate and the Speaker of the House of
1615Representatives before giving approval for an award.
1616(a) Upon approval of an award for a research and
1617development project or an innovation business project, the
1618Executive Office of the Governor shall release the funds
1619pursuant to the legislative consultation and review requirements
1620set forth in s. 216.177.
1621(b) Upon approval of an award for an alternative and
1622renewable energy project, the Executive Office of the Governor
1623shall release the funds pursuant to the legislative consultation
1624and review requirements set forth in s. 216.177, with the
1625exception that upon written notice from either the chair or the
1626vice chair of the Legislative Budget Commission or the President
1627of the Senate or the Speaker of the House of Representatives
1628that the award exceeds the delegated authority of Executive
1629Office of the Governor or is contrary to legislative policy and
1630intent, the Governor shall void such action until the
1631Legislative Budget Commission or the Legislature addresses the
1633     (8)  Upon approval by the Governor and release of the funds
1634as set forth in subsection (7), the director shall issue a
1635letter certifying the applicant as qualified for an award. The
1636office and the applicant shall enter into an agreement that sets
1637forth the conditions for payment of incentives. The agreement
1638must include the total amount of funds awarded; the performance
1639conditions that must be met to obtain the award or portions of
1640the award, including, but not limited to, net new employment in
1641the state, average wage, and total cumulative investment;
1642demonstration of a baseline of current service and a measure of
1643enhanced capability; the methodology for validating performance;
1644the schedule of payments; and sanctions for failure to meet
1645performance conditions, including any clawback provisions.
1646     (9)  Enterprise Florida, Inc., shall assist the office in
1647validating the performance of an innovation business or research
1648and development facility that has received an award. At the
1649conclusion of the innovation incentive award agreement, or its
1650earlier termination, Enterprise Florida, Inc., shall, within 90
1651days, report the results of the innovation incentive award to
1652the Governor, the President of the Senate, and the Speaker of
1653the House of Representatives.
1654(10)  Enterprise Florida, Inc., shall develop business
1655ethics standards based on appropriate best industry practices
1656which shall be applicable to all award recipients. The standards
1657shall address ethical duties of business enterprises, fiduciary
1658responsibilities of management, and compliance with the laws of
1659this state. Enterprise Florida, Inc., may collaborate with the
1660State University System in reviewing and evaluating appropriate
1661business ethics standards. Such standards shall be provided to
1662the Governor, the President of the Senate, and the Speaker of
1663the House of Representatives by December 31, 2006. An award
1664agreement entered into on or after December 31, 2006, shall
1665require a recipient to comply with the business ethics standards
1666developed pursuant to this section.
1667     Section 25.  Section 316.0741, Florida Statutes, is amended
1668to read:
1669     316.0741  High-occupancy-vehicle High occupancy vehicle
1671     (1)  As used in this section, the term:
1672     (a)  "High-occupancy-vehicle "High occupancy vehicle lane"
1673or "HOV lane" means a lane of a public roadway designated for
1674use by vehicles in which there is more than one occupant unless
1675otherwise authorized by federal law.
1676     (b)  "Hybrid vehicle" means a motor vehicle that:
1677     1.  Draws propulsion energy from an onboard source of
1678stored energy comprised of both an internal combustion or heat
1679engine using combustible fuel and a rechargeable energy-storage
1680system; and
1681     2.  In the case of a passenger automobile or light truck,
1682has received a certificate of conformity under the Clean Air
1683Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
1684equivalent qualifying California standards for a low-emission
1686     (2)  The number of persons who that must be in a vehicle to
1687qualify for legal use of the HOV lane and the hours during which
1688the lane will serve as an HOV lane, if it is not designated as
1689such on a full-time basis, must also be indicated on a traffic
1690control device.
1691     (3)  Except as provided in subsection (4), a vehicle may
1692not be driven in an HOV lane if the vehicle is occupied by fewer
1693than the number of occupants indicated by a traffic control
1694device. A driver who violates this section shall be cited for a
1695moving violation, punishable as provided in chapter 318.
1696     (4)(a)  Notwithstanding any other provision of this
1697section, an inherently low-emission vehicle (ILEV) that is
1698certified and labeled in accordance with federal regulations may
1699be driven in an HOV lane at any time, regardless of its
1700occupancy. In addition, upon the state's receipt of written
1701notice from the proper federal regulatory agency authorizing
1702such use, a vehicle defined as a hybrid vehicle under this
1703section may be driven in an HOV lane at any time, regardless of
1704its occupancy.
1705     (b)  All eligible hybrid and other low-emission and energy-
1706efficient vehicles driven in an HOV lane must comply with the
1707minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B).
1708     (c)  Upon its effective date, the eligibility of hybrid and
1709other low-emission and energy-efficient vehicles for operation
1710in an HOV lane regardless of occupancy shall be determined in
1711accordance with the applicable final rule issued by the United
1712States Environmental Protection Agency pursuant to 23 U.S.C. s.
1714     (5)  The department shall issue a decal and registration
1715certificate, to be renewed annually, reflecting the HOV lane
1716designation on such vehicles meeting the criteria in subsection
1717(4) authorizing driving in an HOV lane at any time such use. The
1718department may charge a fee for a decal, not to exceed the costs
1719of designing, producing, and distributing each decal, or $5,
1720whichever is less. The proceeds from sale of the decals shall be
1721deposited in the Highway Safety Operating Trust Fund. The
1722department may, for reasons of operation and management of HOV
1723facilities, limit or discontinue issuance of decals for the use
1724of HOV facilities by hybrid and low-emission and energy-
1725efficient vehicles regardless of occupancy if it has been
1726determined by the Department of Transportation that the
1727facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
1728     (6)  Vehicles having decals by virtue of compliance with
1729the minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B)
1730and that are registered for use in high-occupancy-vehicle toll
1731lanes or express lanes in accordance with Department of
1732Transportation rule shall be allowed to use any HOV lane
1733redesignated as a high-occupancy-vehicle toll lane without
1734requiring payment of the toll.
1735     (5)  As used in this section, the term "hybrid vehicle"
1736means a motor vehicle:
1737     (a)  That draws propulsion energy from onboard sources of
1738stored energy which are both:
1739     1.  An internal combustion or heat engine using combustible
1740fuel; and
1741     2.  A rechargeable energy storage system; and
1742     (b)  That, in the case of a passenger automobile or light
1744     1.  Has received a certificate of conformity under the
1745Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
1746     2.  Meets or exceeds the equivalent qualifying California
1747standards for a low-emission vehicle.
1748     (7)(6)  The department may adopt rules necessary to
1749administer this section.
1750     Section 26.  Subsection (1) of section 337.401, Florida
1751Statutes, is amended to read:
1752     337.401  Use of right-of-way for utilities subject to
1753regulation; permit; fees.--
1754     (1)  The department and local governmental entities,
1755referred to in ss. 337.401-337.404 as the "authority," that have
1756jurisdiction and control of public roads or publicly owned rail
1757corridors are authorized to prescribe and enforce reasonable
1758rules or regulations with reference to the placing and
1759maintaining along, across, or on any road or publicly owned rail
1760corridors under their respective jurisdictions any electric
1761transmission, telephone, telegraph, or other communications
1762services lines; pole lines; poles; railways; ditches; sewers;
1763water, heat, or gas mains; pipelines; fences; gasoline tanks and
1764pumps; or other structures hereinafter referred to in this
1765section as the "utility." For aerial and underground electric
1766utility transmission lines designed to operate at 69 or more
1767kilovolts that are needed to accommodate the additional
1768electrical transfer capacity on the transmission grid resulting
1769from new base-load generating facilities, where there is no
1770other practicable alternative available for placement of the
1771electric utility transmission lines on the department's rights-
1772of-way, the department's rules shall provide for placement of
1773and access to such transmission lines adjacent to and within the
1774right-of-way of any department-controlled public roads,
1775including longitudinally within limited access facilities to the
1776greatest extent allowed by federal law, if compliance with the
1777standards established by such rules is achieved. Such rules may
1778include, but need not be limited to, that the use of the right-
1779of-way is reasonable based upon a consideration of economic and
1780environmental factors, including, without limitation, other
1781practicable alternative alignments, utility corridors and
1782easements, and minimum clear zones and other safety standards,
1783and further provide that placement of the electric utility
1784transmission lines within the department's right-of-way does not
1785interfere with operational requirements of the transportation
1786facility or planned or potential future expansion of such
1787transportation facility. If the department approves longitudinal
1788placement of electric utility transmission lines in limited
1789access facilities, compensation for the use of the right-of-way
1790is required. Such consideration or compensation paid by the
1791electric utility in connection with the department's issuance of
1792a permit does not create any property right in the department's
1793property regardless of the amount of consideration paid or the
1794improvements constructed on the property by the utility. Upon
1795notice by the department that the property is needed for
1796expansion or improvement of the transportation facility, the
1797electric utility transmission line will relocate from the
1798facility at the electric utility's sole expense. The electric
1799utility shall pay to the department reasonable damages resulting
1800from the utility's failure or refusal to timely relocate its
1801transmission lines. The rules to be adopted by the department
1802may also address the compensation methodology and relocation. As
1803used in this subsection, the term "base-load generating
1804facilities" means electric power plants that are certified under
1805part II of chapter 403. The department may enter into a permit-
1806delegation agreement with a governmental entity if issuance of a
1807permit is based on requirements that the department finds will
1808ensure the safety and integrity of facilities of the Department
1809of Transportation; however, the permit-delegation agreement does
1810not apply to facilities of electric utilities as defined in s.
1812     Section 27.  Subsections (1) and (7) of section 339.175,
1813Florida Statutes, are amended to read:
1814     339.175  Metropolitan planning organization.--
1815     (1)  PURPOSE.--It is the intent of the Legislature to
1816encourage and promote the safe and efficient management,
1817operation, and development of surface transportation systems
1818that will serve the mobility needs of people and freight and
1819foster economic growth and development within and through
1820urbanized areas of this state while minimizing transportation-
1821related fuel consumption, and air pollution, and greenhouse gas
1822emissions through metropolitan transportation planning processes
1823identified in this section. To accomplish these objectives,
1824metropolitan planning organizations, referred to in this section
1825as M.P.O.'s, shall develop, in cooperation with the state and
1826public transit operators, transportation plans and programs for
1827metropolitan areas. The plans and programs for each metropolitan
1828area must provide for the development and integrated management
1829and operation of transportation systems and facilities,
1830including pedestrian walkways and bicycle transportation
1831facilities that will function as an intermodal transportation
1832system for the metropolitan area, based upon the prevailing
1833principles provided in s. 334.046(1). The process for developing
1834such plans and programs shall provide for consideration of all
1835modes of transportation and shall be continuing, cooperative,
1836and comprehensive, to the degree appropriate, based on the
1837complexity of the transportation problems to be addressed. To
1838ensure that the process is integrated with the statewide
1839planning process, M.P.O.'s shall develop plans and programs that
1840identify transportation facilities that should function as an
1841integrated metropolitan transportation system, giving emphasis
1842to facilities that serve important national, state, and regional
1843transportation functions. For the purposes of this section,
1844those facilities include the facilities on the Strategic
1845Intermodal System designated under s. 339.63 and facilities for
1846which projects have been identified pursuant to s. 339.2819(4).
1847     (7)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
1848develop a long-range transportation plan that addresses at least
1849a 20-year planning horizon. The plan must include both long-
1850range and short-range strategies and must comply with all other
1851state and federal requirements. The prevailing principles to be
1852considered in the long-range transportation plan are: preserving
1853the existing transportation infrastructure; enhancing Florida's
1854economic competitiveness; and improving travel choices to ensure
1855mobility. The long-range transportation plan must be consistent,
1856to the maximum extent feasible, with future land use elements
1857and the goals, objectives, and policies of the approved local
1858government comprehensive plans of the units of local government
1859located within the jurisdiction of the M.P.O. Each M.P.O. is
1860encouraged to consider strategies that integrate transportation
1861and land use planning to provide for sustainable development and
1862reduce greenhouse gas emissions. The approved long-range
1863transportation plan must be considered by local governments in
1864the development of the transportation elements in local
1865government comprehensive plans and any amendments thereto. The
1866long-range transportation plan must, at a minimum:
1867     (a)  Identify transportation facilities, including, but not
1868limited to, major roadways, airports, seaports, spaceports,
1869commuter rail systems, transit systems, and intermodal or
1870multimodal terminals that will function as an integrated
1871metropolitan transportation system. The long-range
1872transportation plan must give emphasis to those transportation
1873facilities that serve national, statewide, or regional
1874functions, and must consider the goals and objectives identified
1875in the Florida Transportation Plan as provided in s. 339.155. If
1876a project is located within the boundaries of more than one
1877M.P.O., the M.P.O.'s must coordinate plans regarding the project
1878in the long-range transportation plan.
1879     (b)  Include a financial plan that demonstrates how the
1880plan can be implemented, indicating resources from public and
1881private sources which are reasonably expected to be available to
1882carry out the plan, and recommends any additional financing
1883strategies for needed projects and programs. The financial plan
1884may include, for illustrative purposes, additional projects that
1885would be included in the adopted long-range transportation plan
1886if reasonable additional resources beyond those identified in
1887the financial plan were available. For the purpose of developing
1888the long-range transportation plan, the M.P.O. and the
1889department shall cooperatively develop estimates of funds that
1890will be available to support the plan implementation. Innovative
1891financing techniques may be used to fund needed projects and
1892programs. Such techniques may include the assessment of tolls,
1893the use of value capture financing, or the use of value pricing.
1894     (c)  Assess capital investment and other measures necessary
1896     1.  Ensure the preservation of the existing metropolitan
1897transportation system including requirements for the operation,
1898resurfacing, restoration, and rehabilitation of major roadways
1899and requirements for the operation, maintenance, modernization,
1900and rehabilitation of public transportation facilities; and
1901     2.  Make the most efficient use of existing transportation
1902facilities to relieve vehicular congestion and maximize the
1903mobility of people and goods.
1904     (d)  Indicate, as appropriate, proposed transportation
1905enhancement activities, including, but not limited to,
1906pedestrian and bicycle facilities, scenic easements,
1907landscaping, historic preservation, mitigation of water
1908pollution due to highway runoff, and control of outdoor
1910     (e)  In addition to the requirements of paragraphs (a)-(d),
1911in metropolitan areas that are classified as nonattainment areas
1912for ozone or carbon monoxide, the M.P.O. must coordinate the
1913development of the long-range transportation plan with the State
1914Implementation Plan developed pursuant to the requirements of
1915the federal Clean Air Act.
1917In the development of its long-range transportation plan, each
1918M.P.O. must provide the public, affected public agencies,
1919representatives of transportation agency employees, freight
1920shippers, providers of freight transportation services, private
1921providers of transportation, representatives of users of public
1922transit, and other interested parties with a reasonable
1923opportunity to comment on the long-range transportation plan.
1924The long-range transportation plan must be approved by the
1926     Section 28.  Subsections (2), (3), and (4) of section
1927350.01, Florida Statutes, are amended to read:
1928     350.01  Florida Public Service Commission; terms of
1929commissioners; vacancies; election and duties of chair; quorum;
1931     (2)(a)  Each commissioner serving on July 1, 1978, shall be
1932permitted to remain in office until the completion of his or her
1933current term. Upon the expiration of the term, a successor shall
1934be appointed in the manner prescribed by s. 350.031(4), (5), and
1935(6), and (7) for a 4-year term, except that the terms of the
1936initial members appointed under this act shall be as follows:
1937     1.  The vacancy created by the present term ending in
1938January, 1981, shall be filled by appointment for a 4-year term
1939and for 4-year terms thereafter; and
1940     2.  The vacancies created by the two present terms ending
1941in January, 1979, shall be filled by appointment for a 3-year
1942term and for 4-year terms thereafter.
1943     (b)  Two additional commissioners shall be appointed in the
1944manner prescribed by s. 350.031(4), (5), and (6), and (7) for 4-
1945year terms beginning the first Tuesday after the first Monday in
1946January, 1979, and successors shall be appointed for 4-year
1947terms thereafter with each term beginning on January 2 of the
1948year the term commences and ending 4 years later on January 1.
1949     (c)  Vacancies on the commission shall be filled for the
1950unexpired portion of the term in the same manner as original
1951appointments to the commission.
1952     (3)  Any person serving on the commission who seeks to be
1953appointed or reappointed shall file with the nominating council
1954no later than June 1 prior to the year in which his or her term
1955expires at least 210 days before the expiration of his or her
1956term a statement that he or she desires to serve an additional
1958     (4)  One member of the commission shall be elected by
1959majority vote to serve as chair for a term of 2 years, beginning
1960on January 2 of the first year of the term with the first
1961Tuesday after the first Monday in January 1979. A member may not
1962serve two consecutive terms as chair.
1963     Section 29.  Section 350.012, Florida Statutes, is amended
1964to read:
1965     350.012  Committee on Public Counsel Service Commission
1966Oversight; creation; membership; powers and duties.--
1967     (1)  There is created a standing joint committee of the
1968Legislature, designated the Committee on Public Counsel Service
1969Commission Oversight, and composed of 12 members appointed as
1970follows: six members of the Senate appointed by the President of
1971the Senate, two of whom must be members of the minority party;
1972and six members of the House of Representatives appointed by the
1973Speaker of the House of Representatives, two of whom must be
1974members of the minority party. The terms of members shall be for
19752 years and shall run from the organization of one Legislature
1976to the organization of the next Legislature. The President shall
1977appoint the chair of the committee in even-numbered years and
1978the vice chair in odd-numbered years, and the Speaker of the
1979House of Representatives shall appoint the chair of the
1980committee in odd-numbered years and the vice chair in even-
1981numbered years, from among the committee membership. Vacancies
1982shall be filled in the same manner as the original appointment.
1983Members shall serve without additional compensation, but shall
1984be reimbursed for expenses.
1985     (2)  The committee shall:
1986     (a)  Recommend to the Governor nominees to fill a vacancy
1987on the Public Service Commission, as provided by general law;
1989     (b)  appoint a Public Counsel as provided by general law.
1990     (3)  The committee is authorized to file a complaint with
1991the Commission on Ethics alleging a violation of this chapter by
1992a commissioner, former commissioner, former commission employee,
1993or member of the Public Service Commission Nominating Council.
1994     (3)(4)  The committee will not have a permanent staff, but
1995the President of the Senate and the Speaker of the House of
1996Representatives shall select staff members from among existing
1997legislative staff, when and as needed.
1998     Section 30.  Section 350.03, Florida Statutes, is amended
1999to read:
2000     350.03  Power of Governor to remove and to fill
2001vacancies.-- The Governor shall have the same power to remove,
2002suspend, or appoint to fill vacancies in the office of
2003commissioners as in other offices, as set forth in s. 7, Art. IV
2004of the State Constitution.
2005     Section 31.  Subsections (1) and (4) through (8) of section
2006350.031, Florida Statutes, are amended, and a new subsection (8)
2007is added to that section, to read:
2008     350.031  Florida Public Service Commission Nominating
2010     (1)(a)  There is created a Florida Public Service
2011Commission Nominating Council consisting of 12 nine members. At
2012least one member of the council must be 60 years of age or
2013older. Six Three members, including three members one member of
2014the House of Representatives, one of whom shall be a member of
2015the minority party, shall be appointed by and serve at the
2016pleasure of the Speaker of the House of Representatives. Six;
2017three members, including three members one member of the Senate,
2018one of whom shall be a member of the minority party, shall be
2019appointed by and serve at the pleasure of the President of the
2020Senate; and three members shall be selected and appointed by a
2021majority vote of the other six members of the council.
2022     (b)  All terms shall be for 4 years except those members of
2023the House and Senate, who shall serve 2-year terms concurrent
2024with the 2-year elected terms of House members. All terms of the
2025members of the Public Service Commission Nominating Council
2026existing on June 30, 2008, shall terminate upon the effective
2027date of this act; however, such members may serve an additional
2028term if reappointed by the Speaker of the House of
2029Representatives or the President of the Senate. To establish
2030staggered terms, appointments of members shall be made for
2031initial terms to begin on July 1, 2008, with each appointing
2032officer to appoint three legislator members, one of whom shall
2033be a member of the minority party, to terms through the
2034remainder of the 2-year elected terms of House members; one non-
2035legislator member to a 6-month term; one non-legislator member
2036to a 30-month term; and one non-legislator member to a 42-month
2037term. Thereafter, the terms of the Public Service Commission
2038Nominating Council shall begin on January 2.
2039     (c)  The President of the Senate shall appoint the chair of
2040the council in even-numbered years and the vice chair in odd-
2041numbered years, and the Speaker of the House of Representatives
2042shall appoint the chair of the council in odd-numbered years and
2043the vice chair in even-numbered years, from among the council
2045     (d)  Vacancies on the council shall be filled for the
2046unexpired portion of the term in the same manner as original
2047appointments to the council. A member may not be reappointed to
2048the council, except for a member of the House of Representatives
2049or the Senate who may be appointed to two 2-year terms, members
2050who are reappointed pursuant to paragraph (b), or a person who
2051is appointed to fill the remaining portion of an unexpired term.
2052     (4)  The council may spend a nominal amount, not to exceed
2053$10,000, to advertise a vacancy on the council, which shall be
2054funded by the Florida Public Service Regulatory Trust Fund.
2055     (4)(5)  A person may not be nominated to the Governor for
2056appointment to the Committee on Public Service Commission
2057Oversight until the council has determined that the person is
2058competent and knowledgeable in one or more fields, which shall
2059include, but not be limited to: public affairs, law, economics,
2060accounting, engineering, finance, natural resource conservation,
2061energy, or another field substantially related to the duties and
2062functions of the commission. The commission shall fairly
2063represent the above-stated fields. Recommendations of the
2064council shall be nonpartisan.
2065     (5)(6)  It is the responsibility of the council to nominate
2066to the Governor no fewer than three Committee on Public Service
2067Commission Oversight six persons for each vacancy occurring on
2068the Public Service Commission. The council shall submit the
2069recommendations to the Governor by September 15 committee by
2070August 1 of those years in which the terms are to begin the
2071following January, or within 60 days after a vacancy occurs for
2072any reason other than the expiration of the term.
2073     (6)(7)  The Committee on Public Service Commission
2074Oversight shall select from the list of nominees provided by the
2075nominating council three nominees for recommendation to the
2076Governor for appointment to the commission. The recommendations
2077must be provided to the Governor within 45 days after receipt of
2078the list of nominees. The Governor shall fill a vacancy
2079occurring on the Public Service Commission by appointment of one
2080of the applicants nominated by the council committee only after
2081a background investigation of such applicant has been conducted
2082by the Florida Department of Law Enforcement. If the Governor
2083has not made an appointment within 30 consecutive calendar days
2084after the receipt of the recommendation, the council committee,
2085by majority vote, shall appoint, within 30 days after the
2086expiration of the Governor's time to make an appointment, one
2087person from the applicants previously nominated to the Governor
2088to fill the vacancy.
2089     (7)(8)  Each appointment to the Public Service Commission
2090shall be subject to confirmation by the Senate during the next
2091regular session after the vacancy occurs. If the Senate refuses
2092to confirm or fails to consider rejects the Governor's
2093appointment, the council shall initiate, in accordance with this
2094section, the nominating process within 30 days.
2095     (8)  When the Governor makes an appointment, to fill a
2096vacancy occurring due to expiration of the term, and that
2097appointment has not been confirmed by the Senate before the
2098appointing Governor's term ends, a successor Governor may,
2099within 30 days after taking office, recall the appointment and,
2100prior to the first day of the next regular session, make a
2101replacement appointment from the list provided to the previous
2102Governor by the council. Such an appointment is subject to
2103confirmation by the Senate at the next regular session following
2104the creation of the vacancy to which the appointments are being
2105made. If the replacement appointment is not timely made, or if
2106the appointment is not confirmed by the Senate for any reason,
2107the council, by majority vote, shall appoint, within 30 days
2108after the Legislature adjourns sine die, one person from the
2109applicants previously nominated to the Governor to fill the
2110vacancy, and this appointee is subject to confirmation by the
2111Senate during the next regular session following the
2113     Section 32.  Subsection (1) of section 350.061, Florida
2114Statutes, is amended to read:
2115     350.061  Public Counsel; appointment; oath; restrictions on
2116Public Counsel and his or her employees.--
2117     (1)  The Committee on Public Counsel Service Commission
2118Oversight shall appoint a Public Counsel by majority vote of the
2119members of the committee to represent the general public of
2120Florida before the Florida Public Service Commission. The Public
2121Counsel shall be an attorney admitted to practice before the
2122Florida Supreme Court and shall serve at the pleasure of the
2123Committee on Public Counsel Service Commission Oversight,
2124subject to biennial reconfirmation by the committee. The Public
2125Counsel shall perform his or her duties independently. Vacancies
2126in the office shall be filled in the same manner as the original
2128     Section 33.  Subsection (2) of section 350.0614, Florida
2129Statutes, is amended to read:
2130     350.0614  Public Counsel; compensation and expenses.--
2131     (2)  The Legislature declares and determines that the
2132Public Counsel is under the legislative branch of government
2133within the intention of the legislation as expressed in chapter
2134216, and no power shall be in the Executive Office of the
2135Governor or its successor to release or withhold funds
2136appropriated to it, but the same shall be available for
2137expenditure as provided by law and the rules or decisions of the
2138Committee on Public Counsel Service Commission Oversight.
2139     Section 34.  Subsection (7) is added to section 366.04,
2140Florida Statutes, to read:
2141     366.04  Jurisdiction of commission.--
2142     (7)(a)  As used in this subsection, the term "affected
2143municipal electric utility" means a municipality that operates
2144an electric utility that:
2145     1.  Serves two cities in the same county;
2146     2.  Is located in a noncharter county;
2147     3.  Has between 30,000 and 35,000 retail electric customers
2148as of September 30, 2007; and
2149     4.  Does not have a service territory that extends beyond
2150its home county as of September 30, 2007.
2151     (b)  Each affected municipal electric utility shall conduct
2152a referendum election of all of its retail electric customers,
2153with each named retail electric customer having one vote,
2154concurrent with the next regularly scheduled general election
2155following the effective date of this act.
2156     (c)  The ballot for the referendum election required under
2157paragraph (b) shall contain the following question: "Should a
2158separate electric utility authority be created to operate the
2159business of the electric utility in the affected municipal
2160electric utility?" The statement shall be followed by the word
2161"yes" and the word "no."
2162     (d)  The provisions of the Election Code relating to notice
2163and conduct of the election shall be followed to the extent
2164practicable. Costs of the referendum election shall be borne by
2165the affected municipal electric utility.
2166     (e)  If a majority of the affected municipal electric
2167utility's retail electric customers vote in favor of creating a
2168separate electric utility authority, the affected municipal
2169electric utility shall, no later than January 15, 2009, provide
2170to each member of the Legislature whose district includes any
2171portion of the electric service territory of the affected
2172municipal electric utility a proposed charter that transfers
2173operations of its electric, water, and sewer utility businesses
2174to a duly-created authority, the governing board of which shall
2175proportionally represent the number of county and city
2176ratepayers of the electric utility.
2177     Section 35.  Section 366.81, Florida Statutes, is amended
2178to read:
2179     366.81  Legislative findings and intent.--The Legislature
2180finds and declares that it is critical to utilize the most
2181efficient and cost-effective demand-side renewable energy
2182systems and conservation systems in order to protect the health,
2183prosperity, and general welfare of the state and its citizens.
2184Reduction in, and control of, the growth rates of electric
2185consumption and of weather-sensitive peak demand are of
2186particular importance. The Legislature further finds that the
2187Florida Public Service Commission is the appropriate agency to
2188adopt goals and approve plans related to the promotion of
2189demand-side renewable energy systems and the conservation of
2190electric energy and natural gas usage. The Legislature directs
2191the commission to develop and adopt overall goals and authorizes
2192the commission to require each utility to develop plans and
2193implement programs for increasing energy efficiency and
2194conservation and demand-side renewable energy systems within its
2195service area, subject to the approval of the commission. Since
2196solutions to our energy problems are complex, the Legislature
2197intends that the use of solar energy, renewable energy sources,
2198highly efficient systems, cogeneration, and load-control systems
2199be encouraged. Accordingly, in exercising its jurisdiction, the
2200commission shall not approve any rate or rate structure which
2201discriminates against any class of customers on account of the
2202use of such facilities, systems, or devices. This expression of
2203legislative intent shall not be construed to preclude
2204experimental rates, rate structures, or programs. The
2205Legislature further finds and declares that ss. 366.80-366.85
2206and 403.519 are to be liberally construed in order to meet the
2207complex problems of reducing and controlling the growth rates of
2208electric consumption and reducing the growth rates of weather-
2209sensitive peak demand; increasing the overall efficiency and
2210cost-effectiveness of electricity and natural gas production and
2211use; encouraging further development of demand-side renewable
2212energy systems cogeneration facilities; and conserving expensive
2213resources, particularly petroleum fuels.
2214     Section 36.  Section 366.82, Florida Statutes, is amended
2215to read:
2216     366.82  Definition; goals; plans; programs; annual reports;
2217energy audits.--
2218     (1)  For the purposes of ss. 366.80-366.85 and 403.519:,
2219     (a)  "Utility" means any person or entity of whatever form
2220which provides electricity or natural gas at retail to the
2221public, specifically including municipalities or
2222instrumentalities thereof and cooperatives organized under the
2223Rural Electric Cooperative Law and specifically excluding any
2224municipality or instrumentality thereof, any cooperative
2225organized under the Rural Electric Cooperative Law, or any other
2226person or entity providing natural gas at retail to the public
2227whose annual sales volume is less than 100 million therms or any
2228municipality or instrumentality thereof and any cooperative
2229organized under the Rural Electric Cooperative Law providing
2230electricity at retail to the public whose annual sales as of
2231July 1, 1993, to end-use customers is less than 2,000 gigawatt
2233     (b)  "Demand-side renewable energy" means a system located
2234on a customer's premises generating thermal or electric energy
2235using Florida renewable energy resources and primarily intended
2236to offset all or part of the customer's electricity requirements
2237provided such system does not exceed 2 megawatts.
2238     (2)  The commission shall adopt appropriate goals for
2239increasing the efficiency of energy consumption and increasing
2240the development of demand-side renewable energy systems
2241cogeneration, specifically including goals designed to increase
2242the conservation of expensive resources, such as petroleum
2243fuels, to reduce and control the growth rates of electric
2244consumption, and to reduce the growth rates of weather-sensitive
2245peak demand, and to encourage development of demand-side
2246renewable energy resources. The commission may allow efficiency
2247investments across generation, transmission, and distribution as
2248well as efficiencies within the user base. The Executive Office
2249of the Governor shall be a party in the proceedings to adopt
2250goals. The commission may change the goals for reasonable cause.
2251The time period to review the goals, however, shall not exceed 5
2252years. After the programs and plans to meet those goals are
2253completed, the commission shall determine what further goals,
2254programs, or plans are warranted and, if so, shall adopt them.
2255     (3)  In developing the goals, the commission shall evaluate
2256the full technical potential of all available demand-side and
2257supply-side conservation and efficiency measures, including
2258demand-side renewable energy systems. In establishing the goals,
2259the commission shall take into consideration:
2260     (a)  The costs and benefits to customers participating in
2261the measure.
2262     (b)  The costs and benefits to the general body of
2263ratepayers as a whole, including utility incentives and
2264participant contributions.
2265     (c)  The need for incentives to promote both customer-owned
2266and utility-owned energy efficiency and demand-side renewable
2267energy systems.
2268     (d)  The costs imposed by state and federal regulations on
2269the emission of greenhouse gases.
2270     (4)  Subject to specific appropriation, the commission may
2271expend up to $250,000 from the Florida Public Service Regulatory
2272Trust Fund to obtain needed technical consulting assistance.
2273     (5)  The Florida Energy and Climate Commission shall be a
2274party in the proceedings to adopt goals and shall file with the
2275commission comments on the proposed goals, including, but not
2276limited to:
2277     (a)  An evaluation of utility load forecasts, including an
2278assessment of alternative supply-side and demand-side resource
2280     (b)  An analysis of various policy options that can be
2281implemented to achieve a least-cost strategy, including
2282nonutility programs targeted at reducing and controlling the per
2283capita use of electricity in the state.
2284     (c)  An analysis of the impact of state and local building
2285codes and appliance efficiency standards on the need for
2286utility-sponsored conservation and energy efficiency measures
2287and programs.
2288     (6)  The commission may change the goals for reasonable
2289cause. The time period to review the goals, however, shall not
2290exceed 5 years. After the programs and plans to meet those goals
2291are completed, the commission shall determine what further
2292goals, programs, or plans are warranted and adopt them.
2293     (7)(3)  Following adoption of goals pursuant to subsections
2294subsection (2) and (3), the commission shall require each
2295utility to develop plans and programs to meet the overall goals
2296within its service area. The commission may require
2297modifications or additions to a utility's plans and programs at
2298any time it is in the public interest consistent with this act.
2299In approving plans and programs for cost recovery, the
2300commission shall have the flexibility to modify or deny plans or
2301programs that would have an undue impact on the costs passed on
2302to customers. If any plan or program includes loans, collection
2303of loans, or similar banking functions by a utility and the plan
2304is approved by the commission, the utility shall perform such
2305functions, notwithstanding any other provision of the law. The
2306commission may pledge up to $5 million of the Florida Public
2307Service Regulatory Trust Fund to guarantee such loans. However,
2308no utility shall be required to loan its funds for the purpose
2309of purchasing or otherwise acquiring conservation measures or
2310devices, but nothing herein shall prohibit or impair the
2311administration or implementation of a utility plan as submitted
2312by a utility and approved by the commission under this
2313subsection. If the commission disapproves a plan, it shall
2314specify the reasons for disapproval, and the utility whose plan
2315is disapproved shall resubmit its modified plan within 30 days.
2316Prior approval by the commission shall be required to modify or
2317discontinue a plan, or part thereof, which has been approved. If
2318any utility has not implemented its programs and is not
2319substantially in compliance with the provisions of its approved
2320plan at any time, the commission shall adopt programs required
2321for that utility to achieve the overall goals. Utility programs
2322may include variations in rate design, load control,
2323cogeneration, residential energy conservation subsidy, or any
2324other measure within the jurisdiction of the commission which
2325the commission finds likely to be effective; this provision
2326shall not be construed to preclude these measures in any plan or
2328     (8)  The commission may authorize financial rewards for
2329those utilities over which it has rate-setting authority that
2330exceed their goals and may authorize financial penalties for
2331those utilities that fail to meet their goals, including, but
2332not limited to, the sharing of generation, transmission, and
2333distribution cost savings associated with conservation, energy
2334efficiency, and demand-side renewable energy systems additions.
2335     (9)  The commission is authorized to allow an investor-
2336owned electric utility an additional return on equity of up to
233750 basis points for exceeding 20 percent of their annual load-
2338growth through energy efficiency and conservation measures. The
2339additional return on equity shall be established by the
2340commission through a limited proceeding.
2341     (10)(4)  The commission shall require periodic reports from
2342each utility and shall provide the Legislature and the Governor
2343with an annual report by March 1 of the goals it has adopted and
2344its progress toward meeting those goals. The commission shall
2345also consider the performance of each utility pursuant to ss.
2346366.80-366.85 and 403.519 when establishing rates for those
2347utilities over which the commission has ratesetting authority.
2348     (11)(5)  The commission shall require each utility to
2349offer, or to contract to offer, energy audits to its residential
2350customers. This requirement need not be uniform, but may be
2351based on such factors as level of usage, geographic location, or
2352any other reasonable criterion, so long as all eligible
2353customers are notified. The commission may extend this
2354requirement to some or all commercial customers. The commission
2355shall set the charge for audits by rule, not to exceed the
2356actual cost, and may describe by rule the general form and
2357content of an audit. In the event one utility contracts with
2358another utility to perform audits for it, the utility for which
2359the audits are performed shall pay the contracting utility the
2360reasonable cost of performing the audits. Each utility over
2361which the commission has ratesetting authority shall estimate
2362its costs and revenues for audits, conservation programs, and
2363implementation of its plan for the immediately following 6-month
2364period. Reasonable and prudent unreimbursed costs projected to
2365be incurred, or any portion of such costs, may be added to the
2366rates which would otherwise be charged by a utility upon
2367approval by the commission, provided that the commission shall
2368not allow the recovery of the cost of any company image-
2369enhancing advertising or of any advertising not directly related
2370to an approved conservation program. Following each 6-month
2371period, each utility shall report the actual results for that
2372period to the commission, and the difference, if any, between
2373actual and projected results shall be taken into account in
2374succeeding periods. The state plan as submitted for
2375consideration under the National Energy Conservation Policy Act
2376shall not be in conflict with any state law or regulation.
2377     (12)(6)(a)  Notwithstanding the provisions of s. 377.703,
2378the commission shall be the responsible state agency for
2379performing, coordinating, implementing, or administering the
2380functions of the state plan submitted for consideration under
2381the National Energy Conservation Policy Act and any acts
2382amendatory thereof or supplemental thereto and for performing,
2383coordinating, implementing, or administering the functions of
2384any future federal program delegated to the state which relates
2385to consumption, utilization, or conservation of electricity or
2386natural gas; and the commission shall have exclusive
2387responsibility for preparing all reports, information, analyses,
2388recommendations, and materials related to consumption,
2389utilization, or conservation of electrical energy which are
2390required or authorized by s. 377.703.
2391     (b)  The Executive Office of the Governor shall be a party
2392in the proceedings to adopt goals and shall file with the
2393commission comments on the proposed goals including, but not
2394limited to:
2395     1.  An evaluation of utility load forecasts, including an
2396assessment of alternative supply and demand side resource
2398     2.  An analysis of various policy options which can be
2399implemented to achieve a least-cost strategy.
2400     (13)(7)  The commission shall establish all minimum
2401requirements for energy auditors used by each utility. The
2402commission is authorized to contract with any public agency or
2403other person to provide any training, testing, evaluation, or
2404other step necessary to fulfill the provisions of this
2406     Section 37.  Paragraph (d) of subsection (1) of section
2407366.8255, Florida Statutes, is amended to read:
2408     366.8255  Environmental cost recovery.--
2409     (1)  As used in this section, the term:
2410     (d)  "Environmental compliance costs" includes all costs or
2411expenses incurred by an electric utility in complying with
2412environmental laws or regulations, including, but not limited
2414     1.  Inservice capital investments, including the electric
2415utility's last authorized rate of return on equity thereon.;
2416     2.  Operation and maintenance expenses.;
2417     3.  Fuel procurement costs.;
2418     4.  Purchased power costs.;
2419     5.  Emission allowance costs.;
2420     6.  Direct taxes on environmental equipment.; and
2421     7.  Costs or expenses prudently incurred by an electric
2422utility pursuant to an agreement entered into on or after the
2423effective date of this act and prior to October 1, 2002, between
2424the electric utility and the Florida Department of Environmental
2425Protection or the United States Environmental Protection Agency
2426for the exclusive purpose of ensuring compliance with ozone
2427ambient air quality standards by an electrical generating
2428facility owned by the electric utility.
2429     8.  Costs or expenses prudently incurred for the
2430quantification, reporting, and third-party verification as
2431required for participation in greenhouse gas emission registries
2432for greenhouse gases as defined in s. 403.44.
2433     9.  Costs or expenses prudently incurred for scientific
2434research and geological assessments of carbon capture and
2435storage conducted in this state for the purpose of reducing an
2436electric utility's greenhouse gas emissions when such costs or
2437expenses are incurred in joint research projects with Florida
2438state government agencies and Florida state universities.
2439     Section 38.  Subsection (2) of section 366.91, Florida
2440Statutes, is amended, subsection (5) is renumbered as subsection
2441(8), and new subsections (5), (6), and (7) are added to that
2442section, to read:
2443     366.91  Renewable energy.--
2444     (2)  As used in this section, the term:
2445     (a)  "Biomass" means a power source that is comprised of,
2446but not limited to, combustible residues or gases from forest
2447products manufacturing, waste, byproducts, or products from
2448agricultural and orchard crops, waste or co-products products
2449from livestock and poultry operations, waste or byproducts from
2450and food processing, urban wood waste, municipal solid waste,
2451municipal liquid waste treatment operations, and landfill gas.
2452     (b)  "Customer-owned renewable generation" means an
2453electric generating system located on a customer's premises that
2454is primarily intended to offset part or all of the customer's
2455electricity requirements with renewable energy.
2456     (c)  "Net metering" means a metering and billing
2457methodology whereby customer-owned renewable generation is
2458allowed to offset the customer's electricity consumption on
2460     (d)(b)  "Renewable energy" means electrical energy produced
2461from a method that uses one or more of the following fuels or
2462energy sources: hydrogen produced from sources other than fossil
2463fuels, biomass, solar energy, geothermal energy, wind energy,
2464ocean energy, and hydroelectric power. The term includes the
2465alternative energy resource, waste heat, from sulfuric acid
2466manufacturing operations.
2467     (5)  On or before January 1, 2009, each public utility
2468shall develop a standardized interconnection agreement and net
2469metering program for customer-owned renewable generation. The
2470commission shall establish requirements relating to the
2471expedited interconnection and net metering of customer-owned
2472renewable generation by public utilities and may adopt rules to
2473administer this section.
2474     (6)  On or before July 1, 2009, each municipal electric
2475utility and each rural electric cooperative that sells
2476electricity at retail shall develop a standardized
2477interconnection agreement and net metering program for customer-
2478owned renewable generation. Each governing authority shall
2479establish requirements relating to the expedited interconnection
2480and net metering of customer-owned generation. By April 1 of
2481each year, each municipal electric utility and rural electric
2482cooperative utility serving retail customers shall file a report
2483with the commission detailing customer participation in the
2484interconnection and net metering program, including, but not
2485limited to, the number and total capacity of interconnected
2486generating systems and the total energy net metered in the
2487previous year.
2488     (7)  Under the provisions of subsections (5) and (6), when
2489a utility purchases power generated from biogas produced by the
2490anaerobic digestion of agricultural waste, including food waste
2491or other agricultural byproducts, net metering shall be
2492available at a single metering point or as a part of conjunctive
2493billing of multiple points for a customer at a single location,
2494so long as the provision of such service and its associated
2495charges, terms, and other conditions are not reasonably
2496projected to result in higher cost electric service to the
2497utility's general body of ratepayers or adversely affect the
2498adequacy or reliability of electric service to all customers, as
2499determined by the commission for public utilities, or as
2500determined by the governing authority of the municipal electric
2501utility or rural electric cooperative that serves at retail.
2502     Section 39.  Section 366.92, Florida Statutes, is amended
2503to read:
2504     366.92  Florida renewable energy policy.--
2505     (1)  It is the intent of the Legislature to promote the
2506development of renewable energy; protect the economic viability
2507of Florida's existing renewable energy facilities; diversify the
2508types of fuel used to generate electricity in Florida; lessen
2509Florida's dependence on natural gas and fuel oil for the
2510production of electricity; minimize the volatility of fuel
2511costs; encourage investment within the state; improve
2512environmental conditions; and, at the same time, minimize the
2513costs of power supply to electric utilities and their customers.
2514     (2)  As used in For the purposes of this section, the term:
2515     (a)  "Florida renewable energy resources" means shall mean
2516renewable energy, as defined in s. 377.803, that is produced in
2518     (b)  "Provider" means a "utility" as defined in s.
2520     (c)  "Renewable energy" means renewable energy as defined
2521in s. 366.91(2)(d).
2522     (d)  "Renewable energy credit" or "REC" means a product
2523that represents the unbundled, separable, renewable attribute of
2524renewable energy produced in Florida and is equivalent to 1
2525megawatt-hour of electricity generated by a source of renewable
2526energy located in Florida.
2527     (e)  "Renewable portfolio standard" or "RPS" means the
2528minimum percentage of total annual retail electricity sales by a
2529provider to consumers in Florida that shall be supplied by
2530renewable energy produced in Florida.
2531     (3)  The commission shall adopt rules for a renewable
2532portfolio standard requiring each provider to supply renewable
2533energy to its customers directly, by procuring, or through
2534renewable energy credits. In developing the RPS rule, the
2535commission shall consult the Department of Environmental
2536Protection and the Florida Energy and Climate Commission. The
2537rule shall not be implemented until ratified by the Legislature.
2538The commission shall present a draft rule for legislative
2539consideration by February 1, 2009.
2540     (a)  In developing the rule, the commission shall evaluate
2541the current and forecasted levelized cost in cents per kilowatt
2542hour through 2020 and current and forecasted installed capacity
2543in kilowatts for each renewable energy generation method through
2545     (b)  The commission's rule:
2546     1.  Shall include methods of managing the cost of
2547compliance with the renewable portfolio standard, whether
2548through direct supply or procurement of renewable power or
2549through the purchase of renewable energy credits. The commission
2550shall have rulemaking authority for providing annual cost
2551recovery and incentive-based adjustments to authorized rates of
2552return on common equity to providers to incentivize renewable
2553energy. Notwithstanding s. 366.91(3) and (4), upon the
2554ratification of the rules developed pursuant to this subsection,
2555the commission may approve projects and power sales agreements
2556with renewable power producers and the sale of renewable energy
2557credits needed to comply with the renewable portfolio standard.
2558In the event of any conflict, this subparagraph shall supersede
2559s. 366.91(3) and (4).
2560     2.  Shall provide for appropriate compliance measures and
2561the conditions under which noncompliance shall be excused due to
2562a determination by the commission that the supply of renewable
2563energy or renewable energy credits was not adequate to satisfy
2564the demand for such energy or that the cost of securing
2565renewable energy or renewable energy credits was cost
2567     3.  May provide added weight to energy provided by wind and
2568solar photovoltaic over other forms of renewable energy, whether
2569directly supplied or procured or indirectly obtained through the
2570purchase of renewable energy credits.
2571     4.  Shall determine an appropriate period of time for which
2572renewable energy credits may be used for purposes of compliance
2573with the renewable portfolio standard.
2574     5.  Shall provide for monitoring of compliance with and
2575enforcement of the requirements of this section.
2576     6.  Shall ensure that energy credited toward compliance
2577with the requirements of this section is not credited toward any
2578other purpose.
2579     7.  Shall include procedures to track and account for
2580renewable energy credits, including ownership of renewable
2581energy credits that are derived from a customer-owned renewable
2582energy facility as a result of any action by a customer of an
2583electric power supplier that is independent of a program
2584sponsored by the electric power supplier.
2585     8.  Shall provide for the conditions and options for the
2586repeal or alteration of the rule in the event that new
2587provisions of federal law supplant or conflict with the rule.
2588     (c)  Beginning on April 1 of the year following final
2589adoption of the commission's renewable portfolio standard rule,
2590each provider shall submit a report to the commission describing
2591the steps that have been taken in the previous year and the
2592steps that will be taken in the future to add renewable energy
2593to the provider's energy supply portfolio. The report shall
2594state whether the provider was in compliance with the renewable
2595portfolio standard during the previous year and how it will
2596comply with the renewable portfolio standard in the upcoming
2598     (4)  In order to demonstrate the feasibility and viability
2599of clean energy systems, the commission shall provide for full
2600cost recovery under the environmental cost-recovery clause of
2601all reasonable and prudent costs incurred by a provider for
2602renewable energy projects that are zero greenhouse gas emitting
2603at the point of generation, up to a total of 110 megawatts
2604statewide, and for which the provider has secured necessary
2605land, zoning permits, and transmission rights within the state.  
2606Such costs shall be deemed reasonable and prudent for purposes
2607of cost recovery so long as the provider has used reasonable and
2608customary industry practices in the design, procurement, and
2609construction of the project in a cost-effective manner
2610appropriate to the location of the facility. The provider shall
2611report to the commission as part of the cost-recovery
2612proceedings the construction costs, in-service costs, operating
2613and maintenance costs, hourly energy production of the renewable
2614energy project, and any other information deemed relevant by the
2615commission. Any provider constructing a clean energy facility
2616pursuant to this section shall file for cost recovery no later
2617than July 1, 2009.
2618     (5)  Each municipal electric utility and rural electric
2619cooperative shall develop standards for the promotion,
2620encouragement, and expansion of the use of renewable energy
2621resources and energy conservation and efficiency measures. On or
2622before April 1, 2009, and annually thereafter, each municipal
2623electric utility and electric cooperative shall submit to the
2624commission a report that identifies such standards.
2625     (6)  Nothing in this section shall be construed to impede
2626or impair terms and conditions of existing contracts.
2627     (3)  The commission may adopt appropriate goals for
2628increasing the use of existing, expanded, and new Florida
2629renewable energy resources. The commission may change the goals.
2630The commission may review and reestablish the goals at least
2631once every 5 years.
2632     (7)(4)  The commission may adopt rules to administer and
2633implement the provisions of this section.
2634     Section 40.  Subsections (1), (2), and (6) of section
2635366.93, Florida Statutes, are amended to read:
2636     366.93  Cost recovery for the siting, design, licensing,
2637and construction of nuclear and integrated gasification combined
2638cycle power plants.--
2639     (1)  As used in this section, the term:
2640     (a)  "Cost" includes, but is not limited to, all capital
2641investments, including rate of return, any applicable taxes, and
2642all expenses, including operation and maintenance expenses,
2643related to or resulting from the siting, licensing, design,
2644construction, or operation of the nuclear power plant, including
2645new, expanded, or relocated electrical transmission lines or
2646facilities of any size that are necessary thereto, or of the
2647integrated gasification combined cycle power plant.
2648     (b)  "Electric utility" or "utility" has the same meaning
2649as that provided in s. 366.8255(1)(a).
2650     (c)  "Integrated gasification combined cycle power plant"
2651or "plant" means is an electrical power plant as defined in s.
2652403.503(14)(13) that uses synthesis gas produced by integrated
2653gasification technology.
2654     (d)  "Nuclear power plant" or "plant" means is an
2655electrical power plant as defined in s. 403.503(14)(13) that
2656uses nuclear materials for fuel.
2657     (e)  "Power plant" or "plant" means a nuclear power plant
2658or an integrated gasification combined cycle power plant.
2659     (f)  "Preconstruction" is that period of time after a site,
2660including any related electrical transmission lines or
2661facilities, has been selected through and including the date the
2662utility completes site clearing work. Preconstruction costs
2663shall be afforded deferred accounting treatment and shall accrue
2664a carrying charge equal to the utility's allowance for funds
2665during construction (AFUDC) rate until recovered in rates.
2666     (2)  Within 6 months after the enactment of this act, the
2667commission shall establish, by rule, alternative cost recovery
2668mechanisms for the recovery of costs incurred in the siting,
2669design, licensing, and construction of a nuclear power plant,
2670including new, expanded, or relocated electrical transmission
2671lines and facilities that are necessary thereto, or of an
2672integrated gasification combined cycle power plant. Such
2673mechanisms shall be designed to promote utility investment in
2674nuclear or integrated gasification combined cycle power plants
2675and allow for the recovery in rates of all prudently incurred
2676costs, and shall include, but are not be limited to:
2677     (a)  Recovery through the capacity cost recovery clause of
2678any preconstruction costs.
2679     (b)  Recovery through an incremental increase in the
2680utility's capacity cost recovery clause rates of the carrying
2681costs on the utility's projected construction cost balance
2682associated with the nuclear or integrated gasification combined
2683cycle power plant. To encourage investment and provide
2684certainty, for nuclear or integrated gasification combined cycle
2685power plant need petitions submitted on or before December 31,
26862010, associated carrying costs shall be equal to the pretax
2687AFUDC in effect upon this act becoming law. For nuclear or
2688integrated gasification combined cycle power plants for which
2689need petitions are submitted after December 31, 2010, the
2690utility's existing pretax AFUDC rate is presumed to be
2691appropriate unless determined otherwise by the commission in the
2692determination of need for the nuclear or integrated gasification
2693combined cycle power plant.
2694     (6)  If In the event the utility elects not to complete or
2695is precluded from completing construction of the nuclear power
2696plant, including new, expanded, or relocated electrical
2697transmission lines or facilities necessary thereto, or of the
2698integrated gasification combined cycle power plant, the utility
2699shall be allowed to recover all prudent preconstruction and
2700construction costs incurred following the commission's issuance
2701of a final order granting a determination of need for the
2702nuclear power plant and electrical transmission lines and
2703facilities necessary thereto or for the integrated gasification
2704combined cycle power plant. The utility shall recover such costs
2705through the capacity cost recovery clause over a period equal to
2706the period during which the costs were incurred or 5 years,
2707whichever is greater. The unrecovered balance during the
2708recovery period will accrue interest at the utility's weighted
2709average cost of capital as reported in the commission's earnings
2710surveillance reporting requirement for the prior year.
2711     Section 41.  Section 377.601, Florida Statutes, is amended
2712to read:
2713     377.601  Legislative intent.--
2714     (1)  The Legislature finds that the state's energy security
2715can be increased by lessening dependence on foreign oil; that
2716the impacts of global climate change can be reduced through the
2717reduction of greenhouse gas emissions; and that the
2718implementation of alternative energy technologies can be a
2719source of new jobs and employment opportunities for many
2720Floridians. The Legislature further finds that the state is
2721positioned at the front line against potential impacts of global
2722climate change. Human and economic costs of those impacts can be
2723averted by global actions and, where necessary, adapted to by a
2724concerted effort to make Florida's communities more resilient
2725and less vulnerable to these impacts. In focusing the
2726government's policy and efforts to benefit and protect our
2727state, its citizens, and its resources, the Legislature believes
2728that a single government entity with a specific focus on energy
2729and climate change is both desirable and advantageous. Further,
2730the Legislature finds that energy infrastructure provides the
2731foundation for secure and reliable access to the energy supplies
2732and services on which Florida depends. Therefore, there is
2733significant value to Florida consumers that comes from
2734investment in Florida's energy infrastructure that increases
2735system reliability, enhances energy independence and
2736diversification, stabilizes energy costs, and reduces greenhouse
2737gas emissions ability to deal effectively with present shortages
2738of resources used in the production of energy is aggravated and
2739intensified because of inadequate or nonexistent information and
2740that intelligent response to these problems and to the
2741development of a state energy policy demands accurate and
2742relevant information concerning energy supply, distribution, and
2743use. The Legislature finds and declares that a procedure for the
2744collection and analysis of data on the energy flow in this state
2745is essential to the development and maintenance of an energy
2746profile defining the characteristics and magnitudes of present
2747and future energy demands and availability so that the state may
2748rationally deal with present energy problems and anticipate
2749future energy problems.
2750     (2)  The Legislature further recognizes that every state
2751official dealing with energy problems should have current and
2752reliable information on the types and quantity of energy
2753resources produced, imported, converted, distributed, exported,
2754stored, held in reserve, or consumed within the state.
2755     (3)  It is the intent of the Legislature in the passage of
2756this act to provide the necessary mechanisms for the effective
2757development of information necessary to rectify the present lack
2758of information which is seriously handicapping the state's
2759ability to deal effectively with the energy problem. To this
2760end, the provisions of ss. 377.601-377.608 should be given the
2761broadest possible interpretation consistent with the stated
2762legislative desire to procure vital information.
2763     (2)(4)  It is the policy of the State of Florida to:
2764     (a)  Develop and promote the effective use of energy in the
2765state, and discourage all forms of energy waste, and recognize
2766and address the potential of global climate change wherever
2768     (b)  Play a leading role in developing and instituting
2769energy management programs aimed at promoting energy
2770conservation, energy security, and the reduction of greenhouse
2771gas emissions.
2772     (c)  Include energy considerations in all state, regional,
2773and local planning.
2774     (d)  Utilize and manage effectively energy resources used
2775within state agencies.
2776     (e)  Encourage local governments to include energy
2777considerations in all planning and to support their work in
2778promoting energy management programs.
2779     (f)  Include the full participation of citizens in the
2780development and implementation of energy programs.
2781     (g)  Consider in its decisions the energy needs of each
2782economic sector, including residential, industrial, commercial,
2783agricultural, and governmental uses, and reduce those needs
2784whenever possible.
2785     (h)  Promote energy education and the public dissemination
2786of information on energy and its environmental, economic, and
2787social impact.
2788     (i)  Encourage the research, development, demonstration,
2789and application of alternative energy resources, particularly
2790renewable energy resources.
2791     (j)  Consider, in its decisionmaking, the social, economic,
2792and environmental impacts of energy-related activities,
2793including the whole-life-cycle impacts of any potential energy
2794use choices, so that detrimental effects of these activities are
2795understood and minimized.
2796     (k)  Develop and maintain energy emergency preparedness
2797plans to minimize the effects of an energy shortage within
2799     Section 42.  All of the records, property, unexpended
2800balances of appropriations, and personnel related to the Florida
2801Energy Commission for the administration and implementation of
2802s. 377.901, Florida Statutes, shall be transferred from the
2803Office of Legislative Services to the Florida Energy and Climate
2804Commission in the Executive Office of the Governor. The
2805Executive Office of the Governor is authorized to establish four
2806full-time equivalent positions to staff the Florida Energy and
2807Climate Commission.
2808     Section 43.  Section 377.6015, Florida Statutes, is created
2809to read:
2810     377.6015  Florida Energy and Climate Commission.--
2811     (1)  The Florida Energy and Climate Commission is created
2812within the Executive Office of the Governor. The commission
2813shall be comprised of nine members appointed by the Governor,
2814the Commissioner of Agriculture, and the Chief Financial
2816     (a)  The Governor shall appoint one member from three
2817persons nominated by the Florida Public Service Commission
2818Nominating Council, created in s. 350.031, to each of seven
2819seats on the commission. The Commissioner of Agriculture shall
2820appoint one member from three persons nominated by the council
2821to one seat on the commission. The Chief Financial Officer shall
2822appoint one member from three persons nominated by the council
2823to one seat on the commission.
2824     1.  The council shall submit the recommendations to the
2825Governor, the Commissioner of Agriculture, and the Chief
2826Financial Officer by September 1 of those years in which the
2827terms are to begin the following October or within 60 days after
2828a vacancy occurs for any reason other than the expiration of the
2829term. The Governor, the Commissioner of Agriculture, and the
2830Chief Financial Officer may proffer names of persons to be
2831considered for nomination by the council.
2832     2.  The Governor, the Commissioner of Agriculture, and the
2833Chief Financial Officer shall fill a vacancy occurring on the
2834commission by appointment of one of the applicants nominated by
2835the council only after a background investigation of such
2836applicant has been conducted by the Department of Law
2838     3.  Members shall be appointed to 3-year terms; however, in
2839order to establish staggered terms, for the initial
2840appointments, the Governor shall appoint four members to 3-year
2841terms, two members to 2-year terms, and one member to a 1-year
2842term, and the Commissioner of Agriculture and the Chief
2843Financial Officer shall each appoint one member to a 3-year term
2844and shall appoint a successor when that appointee's term expires
2845in the same manner as the original appointment.
2846     4.  The Governor shall select from the membership of the
2847commission one person to serve as chair.
2848     5.  A vacancy on the commission shall be filled for the
2849unexpired portion of the term in the same manner as the original
2851     6.  If the Governor, the Commissioner of Agriculture, or
2852the Chief Financial Officer has not made an appointment within
285330 consecutive calendar days after the receipt of the
2854recommendations, the council shall initiate, in accordance with
2855this section, the nominating process within 30 days.
2856     7.  Each appointment to the commission shall be subject to
2857confirmation by the Senate during the next regular session after
2858the vacancy occurs. If the Senate refuses to confirm or fails to
2859consider the appointment of the Governor, the Commissioner of
2860Agriculture, or the Chief Financial Officer, the council shall
2861initiate, in accordance with this section, the nominating
2862process within 30 days.
2863     8.  The Governor or the Governor's successor may recall an
2865     (b)  Members must meet the following qualifications and
2867     1.  A member must be an expert in one or more of the
2868following fields: energy, natural resource conservation,
2869economics, engineering, finance, law, transportation and land
2870use, consumer protection, state energy policy, or another field
2871substantially related to the duties and functions of the
2872commission. The commission shall fairly represent the fields
2873specified in this subparagraph.
2874     2.  Each member shall, at the time of appointment and at
2875each commission meeting during his or her term of office,
2877     a.  Whether he or she has any financial interest, other
2878than ownership of shares in a mutual fund, in any business
2879entity that, directly or indirectly, owns or controls, or is an
2880affiliate or subsidiary of, any business entity that may be
2881affected by the policy recommendations developed by the
2883     b.  Whether he or she is employed by or is engaged in any
2884business activity with any business entity that, directly or
2885indirectly, owns or controls, or is an affiliate or subsidiary
2886of, any business entity that may be affected by the policy
2887recommendations developed by the commission.
2888     (c)  The chair may designate the following ex officio,
2889nonvoting members to provide information and advice to the
2890commission at the request of the chair:
2891     1.  The chair of the Florida Public Service Commission, or
2892his or her designee.
2893     2.  The Public Counsel, or his or her designee.
2894     3.  A representative of the Department of Agriculture and
2895Consumer Services.
2896     4.  A representative of the Department of Financial
2898     5.  A representative of the Department of Environmental
2900     6.  A representative of the Department of Community
2902     7.  A representative of the Board of Governors of the State
2903University System.
2904     8.  A representative of the Department of Transportation.
2905     (2)  Members shall serve without compensation but are
2906entitled to reimbursement for per diem and travel expenses as
2907provided in s. 112.061.
2908     (3)  Meetings of the commission may be held in various
2909locations around the state and at the call of the chair;
2910however, the commission must meet at least six times each year.
2911     (4)  The commission may:
2912     (a)  Employ staff and counsel as needed in the performance
2913of its duties.
2914     (b)  Prosecute and defend legal actions in its own name.
2915     (c)  Form advisory groups consisting of members of the
2916public to provide information on specific issues.
2917     (5)  The commission shall:
2918     (a)  Administer the Florida Renewable Energy and Energy
2919Efficient Technologies Grants Program pursuant to s. 377.804 to
2920assure a robust grant portfolio.
2921     (b)  Develop policy for requiring grantees to provide
2922royalty-sharing or licensing agreements with state government
2923for commercialized products developed under a state grant.
2924     (c)  Administer the Florida Green Government Grants Act
2925pursuant to s. 377.808 and set annual priorities for grants.
2926     (d)  Administer the information gathering and reporting
2927functions pursuant to ss. 377.601-377.608.
2928     (e)  Administer petroleum planning and emergency
2929contingency planning pursuant to ss. 377.701, 377.703, and
2931     (f)  Represent Florida in the Southern States Energy
2932Compact pursuant to ss. 377.71-377.712.
2933     (g)  Complete the annual assessment of the efficacy of
2934Florida's Energy and Climate Change Action Plan, upon completion
2935by the Governor's Action Team on Energy and Climate Change
2936pursuant to the Governor's Executive Order 2007-128, and
2937provide specific recommendations to the Governor and the
2938Legislature each year to improve results.
2939     (h)  Administer the provisions of the Florida Energy and
2940Climate Protection Act pursuant to ss. 377.801-377.806.
2941     (i)  Advocate for energy and climate change issues and
2942provide educational outreach and technical assistance in
2943cooperation with the state's academic institutions.
2944     (j)  Be a party in the proceedings to adopt goals and
2945submit comments to the Public Service Commission pursuant to s.
2947     (k)  Adopt rules pursuant to chapter 120 in order to
2948implement all powers and duties described in this section.
2949     Section 44.  Section 377.602, Florida Statutes, is amended
2950to read:
2951     377.602  Definitions.--As used in ss. 377.601-377.608:
2952     (1)  "Commission" means the Florida Energy and Climate
2954     (2)(1)  "Energy resources" includes, but shall not be
2955limited to:
2956     (a)  Energy converted from solar radiation, wind, hydraulic
2957potential, tidal movements, biomass, geothermal sources, and
2958other energy resources the commission determines to be important
2959to the production or supply of energy.
2960     (b)(a)  Propane, butane, motor gasoline, kerosene, home
2961heating oil, diesel fuel, other middle distillates, aviation
2962gasoline, kerosene-type jet fuel, naphtha-type jet fuel,
2963residual fuels, crude oil, and other petroleum products and
2964hydrocarbons as may be determined by the commission department
2965to be of importance.
2966     (c)(b)  All natural gas, including casinghead gas, all
2967other hydrocarbons not defined as petroleum products in
2968paragraph (b) (a), and liquefied petroleum gas as defined in s.
2970     (d)(c)  All types of coal and products derived from its
2971conversion and used as fuel.
2972     (e)(d)  All types of nuclear energy, special nuclear
2973material, and source material, as defined in former s. 290.07.
2974     (e)  Every other energy resource, whether natural or
2975manmade which the department determines to be important to the
2976production or supply of energy, including, but not limited to,
2977energy converted from solar radiation, wind, hydraulic
2978potential, tidal movements, and geothermal sources.
2979     (f)  All electrical energy.
2980     (2)  "Department" means the Department of Environmental
2982     (3)  "Person" means producer, refiner, wholesaler,
2983marketer, consignee, jobber, distributor, storage operator,
2984importer, exporter, firm, corporation, broker, cooperative,
2985public utility as defined in s. 366.02, rural electrification
2986cooperative, municipality engaged in the business of providing
2987electricity or other energy resources to the public, pipeline
2988company, person transporting any energy resources as defined in
2989subsection (2) (1), and person holding energy reserves for
2990further production; however, "person" does not include persons
2991exclusively engaged in the retail sale of petroleum products.
2992     Section 45.  All of the powers, duties, functions, records,
2993personnel, and property; unexpended balances of appropriations,
2994allocations, and other funds; administrative authority;
2995administrative rules; pending issues; and existing contracts of
2996the state energy program in the Department of Environmental
2997Protection, as authorized and governed by ss. 20.255, 288.041,
2998377.601-377.608, 377.703, and 377.801-377.806, Florida Statutes,
2999are transferred by a type two transfer, pursuant to s. 20.06(2),
3000Florida Statutes, to the Florida Energy and Climate Commission
3001in the Executive Office of the Governor.
3002     Section 46.  Section 377.603, Florida Statutes, is amended
3003to read:
3004     377.603  Energy data collection; powers and duties of the
3005commission Department of Environmental Protection.--
3006     (1)  The commission may department shall collect data on
3007the extraction, production, importation, exportation,
3008refinement, transportation, transmission, conversion, storage,
3009sale, or reserves of energy resources in this state in an
3010efficient and expeditious manner.
3011     (2)  The commission may department shall prepare periodic
3012reports of energy data it collects.
3013     (3)  The department shall prescribe and furnish forms for
3014the collection of information as required by ss. 377.601-377.608
3015and shall consult with other state entities to assure that such
3016data collected will meet their data requirements.
3017     (3)(4)  The commission department may adopt and promulgate
3018such rules and regulations as are necessary to carry out the
3019provisions of ss. 377.601-377.608. Such rules shall be pursuant
3020to chapter 120.
3021     (4)(5)  The commission department shall maintain internal
3022validation procedures to assure the accuracy of information
3024     Section 47.  Section 377.604, Florida Statutes, is amended
3025to read:
3026     377.604  Required reports.--Every person who produces,
3027imports, exports, refines, transports, transmits, converts,
3028stores, sells, or holds known reserves of any form of energy
3029resources used as fuel shall report to the commission, at the
3030request of department at a frequency set, and in a manner
3031prescribed, by the commission department, on forms provided by
3032the commission department and prepared with the advice of
3033representatives of the energy industry. Such forms shall be
3034designed in such a manner as to indicate:
3035     (1)  The identity of the person or persons making the
3037     (2)  The quantity of energy resources extracted, produced,
3038imported, exported, refined, transported, transmitted,
3039converted, stored, or sold except at retail.
3040     (3)  The quantity of energy resources known to be held in
3041reserve in the state.
3042     (4)  The identity of each refinery from which petroleum
3043products have normally been obtained and the type and quantity
3044of products secured from that refinery for sale or resale in
3045this state.
3046     (5)  Any other information which the commission department
3047deems proper pursuant to the intent of ss. 377.601-377.608.
3048     Section 48.  Section 377.605, Florida Statutes, is amended
3049to read:
3050     377.605  Use of existing information.--The commission may
3051department shall utilize to the fullest extent possible any
3052existing energy information already prepared for state or
3053federal agencies. Every state, county, and municipal agency
3054shall cooperate with the commission department and shall submit
3055any information on energy to the commission department upon
3057     Section 49.  Section 377.606, Florida Statutes, is amended
3058to read:
3059     377.606  Records of the commission department; limits of
3060confidentiality.--The information or records of individual
3061persons, as defined in this section herein, obtained by the
3062commission department as a result of a report, investigation, or
3063verification required by the commission department, shall be
3064open to the public, except such information the disclosure of
3065which would be likely to cause substantial harm to the
3066competitive position of the person providing such information
3067and which is requested to be held confidential by the person
3068providing such information. Such proprietary information is
3069confidential and exempt from the provisions of s. 119.07(1).
3070Information reported by entities other than the commission
3071department in documents or reports open to public inspection
3072shall under no circumstances be classified as confidential by
3073the commission department. Divulgence of proprietary information
3074as is requested to be held confidential, except upon order of a
3075court of competent jurisdiction or except to an officer of the
3076state entitled to receive the same in his or her official
3077capacity, shall be a misdemeanor of the second degree,
3078punishable as provided in ss. 775.082 and 775.083. Nothing in
3079this section herein shall be construed to prohibit the
3080publication or divulgence by other means of data so classified
3081as to prevent identification of particular accounts or reports
3082made to the commission department in compliance with s. 377.603
3083or to prohibit the disclosure of such information to properly
3084qualified legislative committees. The commission department
3085shall establish a system which permits reasonable access to
3086information developed.
3087     Section 50.  Section 377.608, Florida Statutes, is amended
3088to read:
3089     377.608  Prosecution of cases by state attorney.--The state
3090attorney shall prosecute all cases certified to him or her for
3091prosecution by the commission department immediately upon
3092receipt of the evidence transmitted by the commission
3093department, or as soon thereafter as practicable.
3094     Section 51.  Section 377.701, Florida Statutes, is amended
3095to read:
3096     377.701  Petroleum allocation.--
3097     (1)  The Florida Energy and Climate Commission Department
3098of Environmental Protection shall assume the state's role in
3099petroleum allocation and conservation, including the development
3100of a fair and equitable petroleum plan. The commission
3101department shall constitute the responsible state agency for
3102performing the functions of any federal program delegated to the
3103state, which relates to petroleum supply, demand, and
3105     (2)  The commission department shall, in addition to
3106assuming the duties and responsibilities provided by subsection
3107(1), perform the following:
3108     (a)  In projecting available supplies of petroleum,
3109coordinate with the Department of Revenue to secure information
3110necessary to assure the sufficiency and accuracy of data
3111submitted by persons affected by any federal fuel allocation
3113     (b)  Require such periodic reports from public and private
3114sources as may be necessary to the fulfillment of its
3115responsibilities under this act. Such reports may include:
3116petroleum use; all sales, including end-user sales, except
3117retail gasoline and retail fuel oil sales; inventories; expected
3118supplies and allocations; and petroleum conservation measures.
3119     (c)  In cooperation with the Department of Revenue and
3120other relevant state agencies, provide for long-range studies
3121regarding the usage of petroleum in the state in order to:
3122     1.  Comprehend the consumption of petroleum resources.
3123     2.  Predict future petroleum demands in relation to
3124available resources.
3125     3.  Report the results of such studies to the Legislature.
3126     (3)  For the purpose of determining accuracy of data, all
3127state agencies shall timely provide the commission department
3128with petroleum-use information in a format suitable to the needs
3129of the allocation program.
3130     (4)  A No state employee may not shall divulge or make
3131known in any manner any proprietary information acquired under
3132this act if the disclosure of such information would be likely
3133to cause substantial harm to the competitive position of the
3134person providing such information and if the person requests
3135that such information be held confidential, except in accordance
3136with a court order or in the publication of statistical
3137information compiled by methods which do would not disclose the
3138identity of individual suppliers or companies. Such proprietary
3139information is confidential and exempt from the provisions of s.
3140119.07(1). Nothing in this subsection shall be construed to
3141prevent inspection of reports by the Attorney General, members
3142of the Legislature, and interested state agencies; however, such
3143agencies and their employees and members are bound by the
3144requirements set forth in this subsection.
3145     (5)  Any person who willfully fails to submit information
3146required by this act or submits false information or who
3147violates any provision of this act commits is guilty of a
3148misdemeanor of the first degree and shall be punished as
3149provided in ss. 775.082 and 775.083.
3150     Section 52.  Section 377.703, Florida Statutes, is amended
3151to read:
3152     377.703  Additional functions of the Florida Energy and
3153Climate Commission Department of Environmental Protection;
3154energy emergency contingency plan; federal and state
3155conservation programs.--
3156     (1)  LEGISLATIVE INTENT.--Recognizing that energy supply
3157and demand questions have become a major area of concern to the
3158state which must be dealt with by effective and well-coordinated
3159state action, it is the intent of the Legislature to promote the
3160efficient, effective, and economical management of energy
3161problems, centralize energy coordination responsibilities,
3162pinpoint responsibility for conducting energy programs, and
3163ensure the accountability of state agencies for the
3164implementation of s. 377.601(2)(4), the state energy policy. It
3165is the specific intent of the Legislature that nothing in this
3166act shall in any way change the powers, duties, and
3167responsibilities assigned by the Florida Electrical Power Plant
3168Siting Act, part II of chapter 403, or the powers, duties, and
3169responsibilities of the Florida Public Service Commission.
3170     (2)  DEFINITIONS.--
3171     (a)  "Coordinate," "coordination," or "coordinating" means
3172the examination and evaluation of state plans and programs and
3173the providing of recommendations to the Cabinet, Legislature,
3174and appropriate state agency on any measures deemed necessary to
3175ensure that such plans and programs are consistent with state
3176energy policy.
3177     (b)  "Energy conservation" means increased efficiency in
3178the utilization of energy.
3179     (c)  "Energy emergency" means an actual or impending
3180shortage or curtailment of usable, necessary energy resources,
3181such that the maintenance of necessary services, the protection
3182of public health, safety, and welfare, or the maintenance of
3183basic sound economy is imperiled in any geographical section of
3184the state or throughout the entire state.
3185     (d)  "Energy source" means electricity, fossil fuels, solar
3186power, wind power, hydroelectric power, nuclear power, or any
3187other resource which has the capacity to do work.
3188     (e)  "Facilities" means any building or structure not
3189otherwise exempted by the provisions of this act.
3190     (f)  "Fuel" means petroleum, crude oil, petroleum product,
3191coal, natural gas, or any other substance used primarily for its
3192energy content.
3193     (g)  "Local government" means any county, municipality,
3194regional planning agency, or other special district or local
3195governmental entity the policies or programs of which may affect
3196the supply or demand, or both, for energy in the state.
3197     (h)  "Promotion" or "promote" means to encourage, aid,
3198assist, provide technical and financial assistance, or otherwise
3199seek to plan, develop, and expand.
3200     (i)  "Regional planning agency" means those agencies
3201designated as regional planning agencies by the Department of
3202Community Affairs.
3203     (j)  "Renewable energy resource" means any method, process,
3204or substance the use of which does not diminish its availability
3205or abundance, including, but not limited to, biomass conversion,
3206geothermal energy, solar energy, wind energy, wood fuels derived
3207from waste, ocean thermal gradient power, hydroelectric power,
3208and fuels derived from agricultural products.
3210ENVIRONMENTAL PROTECTION; DUTIES.--The commission Department of
3211Environmental Protection shall, in addition to assuming the
3212duties and responsibilities provided by ss. 20.255 and 377.701,
3213perform the following functions consistent with the development
3214of a state energy policy:
3215     (a)  The commission department shall assume the
3216responsibility for development of an energy emergency
3217contingency plan to respond to serious shortages of primary and
3218secondary energy sources. Upon a finding by the Governor,
3219implementation of any emergency program shall be upon order of
3220the Governor that a particular kind or type of fuel is, or that
3221the occurrence of an event which is reasonably expected within
322230 days will make the fuel, in short supply. The commission
3223department shall then respond by instituting the appropriate
3224measures of the contingency plan to meet the given emergency or
3225energy shortage. The Governor may utilize the provisions of s.
3226252.36(5) to carry out any emergency actions required by a
3227serious shortage of energy sources.
3228     (b)  The commission department shall be constitute the
3229responsible state agency for performing or coordinating the
3230functions of any federal energy programs delegated to the state,
3231including energy supply, demand, conservation, or allocation.
3232     (c)  The commission department shall analyze present and
3233proposed federal energy programs and make recommendations
3234regarding those programs to the Governor and the Legislature.
3235     (d)  The commission department shall coordinate efforts to
3236seek federal support or other support for state energy
3237activities, including energy conservation, research, or
3238development, and shall be the state agency responsible for the
3239coordination of multiagency energy conservation programs and
3241     (e)  The commission department shall analyze energy data
3242collected and prepare long-range forecasts of energy supply and
3243demand in coordination with the Florida Public Service
3244Commission, which shall have responsibility for electricity and
3245natural gas forecasts. To this end, the forecasts shall contain:
3246     1.  An analysis of the relationship of state economic
3247growth and development to energy supply and demand, including
3248the constraints to economic growth resulting from energy supply
3250     2.  Plans for the development of renewable energy resources
3251and reduction in dependence on depletable energy resources,
3252particularly oil and natural gas, and an analysis of the extent
3253to which renewable energy sources are being utilized in the
3255     3.  Consideration of alternative scenarios of statewide
3256energy supply and demand for 5, 10, and 20 years, to identify
3257strategies for long-range action, including identification of
3258potential social, economic, and environmental effects.
3259     4.  An assessment of the state's energy resources,
3260including examination of the availability of commercially
3261developable and imported fuels, and an analysis of anticipated
3262effects on the state's environment and social services resulting
3263from energy resource development activities or from energy
3264supply constraints, or both.
3265     (f)  The commission department shall submit an annual
3266report to make a report, as requested by the Governor and or the
3267Legislature, reflecting its activities and making
3268recommendations of policies for improvement of the state's
3269response to energy supply and demand and its effect on the
3270health, safety, and welfare of the people of Florida. The report
3271shall include a report from the Florida Public Service
3272Commission on electricity and natural gas and information on
3273energy conservation programs conducted and underway under way in
3274the past year and shall include recommendations for energy
3275conservation programs for the state, including, but not limited
3276to, the following factors:
3277     1.  Formulation of specific recommendations for improvement
3278in the efficiency of energy utilization in governmental,
3279residential, commercial, industrial, and transportation sectors.
3280     2.  Collection and dissemination of information relating to
3281energy conservation.
3282     3.  Development and conduct of educational and training
3283programs relating to energy conservation.
3284     4.  An analysis of the ways in which state agencies are
3285seeking to implement s. 377.601(2)(4), the state energy policy,
3286and recommendations for better fulfilling this policy.
3287     (g)  The commission department has authority to adopt rules
3288pursuant to ss. 120.536(1) and 120.54 to implement the
3289provisions of this act.
3290     (h)  The commission shall promote the development and use
3291of renewable energy resources, in conformance with the
3292provisions of chapter 187 and s. 377.601, by:
3293     1.  Establishing goals and strategies for increasing the
3294use of solar energy in this state.
3295     2.  Aiding and promoting the commercialization of solar
3296energy technology, in cooperation with the Florida Solar Energy
3297Center, Enterprise Florida, Inc., and any other federal, state,
3298or local governmental agency which may seek to promote research,
3299development, and demonstration of solar energy equipment and
3301     3.  Identifying barriers to greater use of solar energy
3302systems in this state, and developing specific recommendations
3303for overcoming identified barriers, with findings and
3304recommendations to be submitted annually in the report to the
3305Governor and Legislature required under paragraph (f).
3306     4.  In cooperation with the Department of Environmental
3307Protection, the Department of Transportation, the Department of
3308Community Affairs, Enterprise Florida, Inc., the Florida Solar
3309Energy Center, and the Florida Solar Energy Industries
3310Association, investigating opportunities, pursuant to the
3311National Energy Policy Act of 1992, and the Housing and
3312Community Development Act of 1992, and any subsequent federal
3313legislation, for solar electric vehicles and other solar energy
3314manufacturing, distribution, installation, and financing efforts
3315which will enhance this state's position as the leader in solar
3316energy research, development, and use.
3317     5.  Undertaking other initiatives to advance the
3318development and use of renewable energy resources in this state.
3320In the exercise of its responsibilities under this paragraph,
3321the commission department shall seek the assistance of the solar
3322energy industry in this state and other interested parties and
3323is authorized to enter into contracts, retain professional
3324consulting services, and expend funds appropriated by the
3325Legislature for such purposes.
3326     (i)  The commission department shall promote energy
3327conservation in all energy use sectors throughout the state and
3328shall constitute the state agency primarily responsible for this
3329function. To this end, the commission department shall
3330coordinate the energy conservation programs of all state
3331agencies and review and comment on the energy conservation
3332programs of all state agencies.
3333     (j)  The commission department shall serve as the state
3334clearinghouse for indexing and gathering all information related
3335to energy programs in state universities, in private
3336universities, in federal, state, and local government agencies,
3337and in private industry and shall prepare and distribute such
3338information in any manner necessary to inform and advise the
3339citizens of the state of such programs and activities. This
3340shall include developing and maintaining a current index and
3341profile of all research activities, which shall be identified by
3342energy area and may include a summary of the project, the amount
3343and sources of funding, anticipated completion dates, or, in
3344case of completed research, conclusions, recommendations, and
3345applicability to state government and private sector functions.
3346The commission department shall coordinate, promote, and respond
3347to efforts by all sectors of the economy to seek financial
3348support for energy activities. The commission department shall
3349provide information to consumers regarding the anticipated
3350energy-use and energy-saving characteristics of products and
3351services in coordination with any federal, state, or local
3352governmental agencies as may provide such information to
3354     (k)  The commission department shall coordinate energy-
3355related programs of state government, including, but not limited
3356to, the programs provided in this section. To this end, the
3357commission department shall:
3358     1.  Provide assistance to other state agencies, counties,
3359municipalities, and regional planning agencies to further and
3360promote their energy planning activities.
3361     2.  Require, in cooperation with the Department of
3362Management Services, all state agencies to operate state-owned
3363and state-leased buildings in accordance with energy
3364conservation standards as adopted by the Department of
3365Management Services. Every 3 months, the Department of
3366Management Services shall furnish the commission department data
3367on agencies' energy consumption and emissions of greenhouse
3368gases in a format prescribed by the commission mutually agreed
3369upon by the two departments.
3370     3.  Promote the development and use of renewable energy
3371resources, energy efficiency technologies, and conservation
3373     4.  Promote the recovery of energy from wastes, including,
3374but not limited to, the use of waste heat, the use of
3375agricultural products as a source of energy, and recycling of
3376manufactured products. Such promotion shall be conducted in
3377conjunction with, and after consultation with, the Department of
3378Environmental Protection and, the Florida Public Service
3379Commission where electrical generation or natural gas is
3380involved, and any other relevant federal, state, or local
3381governmental agency having responsibility for resource recovery
3383     (l)  The commission department shall develop, coordinate,
3384and promote a comprehensive research plan for state programs.
3385Such plan shall be consistent with state energy policy and shall
3386be updated on a biennial basis.
3387     (m)  In recognition of the devastation to the economy of
3388this state and the dangers to the health and welfare of
3389residents of this state caused by severe hurricanes Hurricane
3390Andrew, and the potential for such impacts caused by other
3391natural disasters, the commission department shall include in
3392its energy emergency contingency plan and provide to the Florida
3393Building Commission Department of Community Affairs for
3394inclusion in the Florida Energy Efficiency Code for Building
3395Construction state model energy efficiency building code
3396specific provisions to facilitate the use of cost-effective
3397solar energy technologies as emergency remedial and preventive
3398measures for providing electric power, street lighting, and
3399water heating service in the event of electric power outages.
3400     (3)(4)  The commission department shall be responsible for
3401the administration of the Coastal Energy Impact Program provided
3402for and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a.
3403     Section 53.  Paragraph (a) of subsection (2) of section
3404377.705, Florida Statutes, is amended to read:
3405     377.705  Solar Energy Center; development of solar energy
3408     (a)  The Legislature recognizes that if present trends
3409continue, Florida will increase present energy consumption
3410sixfold by the year 2000. Because of this dramatic increase and
3411because existing domestic conventional energy resources will not
3412provide sufficient energy to meet the nation's future needs, new
3413sources of energy must be developed and applied. One such
3414source, solar energy, has been in limited use in Florida for 30
3415years. Applications of incident solar energy, the use of solar
3416radiation to provide energy for water heating, space heating,
3417space cooling, and other uses, through suitable absorbing
3418equipment on or near a residence or commercial structure, must
3419be extensively expanded. Unfortunately, the initial costs with
3420regard to the production of solar energy have been prohibitively
3421expensive. However, Because of increases in the cost of
3422conventional fuel, certain applications of solar energy are
3423becoming competitive, particularly when life-cycle costs are
3424considered. It is the intent of the Legislature in formulating a
3425sound and balanced energy policy for the state to encourage the
3426development of an alternative energy capability in the form of
3427incident solar energy.
3428     Section 54.  Section 377.801, Florida Statutes, is amended
3429to read:
3430     377.801  Short title.--Sections 377.801-377.806 may be
3431cited as the "Florida Energy and Climate Protection Renewable
3432Energy Technologies and Energy Efficiency Act."
3433     Section 55.  Section 377.802, Florida Statutes, is amended
3434to read:
3435     377.802  Purpose.--This act is intended to provide
3436incentives for Florida's citizens, businesses, school districts,
3437and local governments to take action to diversify the state's
3438energy supplies, reduce dependence on foreign oil, and mitigate
3439the effects of climate change by providing funding for
3440activities designed to achieve these goals. The grant programs
3441in this act are intended matching grants to stimulate capital
3442investment in the state and to enhance the market for and
3443promote the statewide utilization of renewable energy
3444technologies and technologies intended to diversify Florida's
3445energy supplies, reduce dependence on foreign oil, and combat or
3446limit climate change impacts. The targeted grants program is
3447designed to advance the already growing establishment of
3448renewable energy technologies in the state and encourage the use
3449of other incentives such as tax exemptions and regulatory
3450certainty to attract additional renewable energy technology
3451producers, developers, and users to the state. This act is also
3452intended to provide incentives for the purchase of energy-
3453efficient appliances and rebates for solar energy equipment
3454installations for residential and commercial buildings.
3455     Section 56.  Section 377.803, Florida Statutes, is amended
3456to read:
3457     377.803  Definitions.--As used in ss. 377.801-377.806, the
3459     (1)  "Act" means the Florida Energy and Climate Protection
3460Renewable Energy Technologies and Energy Efficiency Act.
3461     (2)  "Approved metering equipment" means a device capable
3462of measuring the energy output of a solar thermal system that
3463has been approved by the commission.
3464     (2)(3)  "Commission" means the Florida Energy and Climate
3465Public Service Commission.
3466     (4)  "Department" means the Department of Environmental
3468     (3)(5)  "Person" means an individual, partnership, joint
3469venture, private or public corporation, association, firm,
3470public service company, or any other public or private entity.
3471     (4)(6)  "Renewable energy" means electrical, mechanical, or
3472thermal energy produced from a method that uses one or more of
3473the following fuels or energy sources: hydrogen, biomass, as
3474defined in s. 366.91, solar energy, geothermal energy, wind
3475energy, ocean energy, waste heat, or hydroelectric power.
3476     (5)(7)  "Renewable energy technology" means any technology
3477that generates or utilizes a renewable energy resource.
3478     (6)(8)  "Solar energy system" means equipment that provides
3479for the collection and use of incident solar energy for water
3480heating, space heating or cooling, or other applications that
3481would normally require a conventional source of energy such as
3482petroleum products, natural gas, or electricity that performs
3483primarily with solar energy. In other systems in which solar
3484energy is used in a supplemental way, only those components that
3485collect and transfer solar energy shall be included in this
3487     (7)(9)  "Solar photovoltaic system" means a device that
3488converts incident sunlight into electrical current.
3489     (8)(10)  "Solar thermal system" means a device that traps
3490heat from incident sunlight in order to heat water.
3491     Section 57.  Section 377.804, Florida Statutes, as amended
3492by section 52 of chapter 2007-73, Laws of Florida, is amended to
3494     377.804  Renewable Energy and Energy-Efficient Technologies
3495Grants Program.--
3496     (1)  The Renewable Energy and Energy-Efficient Technologies
3497Grants Program is established within the commission department
3498to provide renewable energy matching grants for demonstration,
3499commercialization, research, and development projects relating
3500to renewable energy technologies and innovative technologies
3501that significantly increase energy efficiency for vehicles and
3502commercial buildings.
3503     (2)  Matching grants for renewable energy technology
3504demonstration, commercialization, research, and development
3505projects described in subsection (1) may be made to any of the
3507     (a)  Municipalities and county governments.
3508     (b)  Established for-profit companies licensed to do
3509business in the state.
3510     (c)  Universities and colleges in the state.
3511     (d)  Utilities located and operating within the state.
3512     (e)  Not-for-profit organizations.
3513     (f)  Other qualified persons, as determined by the
3514commission department.
3515     (3)  The commission department may adopt rules pursuant to
3516ss. 120.536(1) and 120.54 to provide for application
3517requirements, provide for ranking of applications, and
3518administer the awarding of grants under this program.
3519     (4)  Factors the commission department shall consider in
3520awarding grants include, but are not limited to:
3521     (a)  The availability of matching funds or other in-kind
3522contributions applied to the total project from an applicant.
3523The commission department shall give greater preference to
3524projects that provide such matching funds or other in-kind
3526     (b)  The degree to which the project stimulates in-state
3527capital investment and economic development in metropolitan and
3528rural areas, including the creation of jobs and the future
3529development of a commercial market for renewable energy
3531     (c)  The extent to which the proposed project has been
3532demonstrated to be technically feasible based on pilot project
3533demonstrations, laboratory testing, scientific modeling, or
3534engineering or chemical theory that supports the proposal.
3535     (d)  The degree to which the project incorporates an
3536innovative new technology or an innovative application of an
3537existing technology.
3538     (e)  The degree to which a project generates thermal,
3539mechanical, or electrical energy by means of a renewable energy
3540resource that has substantial long-term production potential.
3541     (f)  The degree to which a project demonstrates efficient
3542use of energy and material resources.
3543     (g)  The degree to which the project fosters overall
3544understanding and appreciation of renewable energy technologies.
3545     (h)  The ability to administer a complete project.
3546     (i)  Project duration and timeline for expenditures.
3547     (j)  The geographic area in which the project is to be
3548conducted in relation to other projects.
3549     (k)  The degree of public visibility and interaction.
3550     (5)  The commission department shall solicit the expertise
3551of other state agencies, Enterprise Florida, Inc., and state
3552universities, and may solicit the expertise of other public and
3553private entities it deems appropriate, in evaluating project
3554proposals. State agencies shall cooperate with the commission
3555Department of Environmental Protection and provide such
3556assistance as requested.
3557     (6)  The commission department shall coordinate and
3558actively consult with the Department of Agriculture and Consumer
3559Services during the review and approval process of grants
3560relating to bioenergy projects for renewable energy technology,
3561and the departments shall jointly determine the grant awards to
3562these bioenergy projects. No grant funding shall be awarded to
3563any bioenergy project without such joint approval. Factors for
3564consideration in awarding grants may include, but are not
3565limited to, the degree to which:
3566     (a)  The project stimulates in-state capital investment and
3567economic development in metropolitan and rural areas, including
3568the creation of jobs and the future development of a commercial
3569market for bioenergy.
3570     (b)  The project produces bioenergy from Florida-grown
3571crops or biomass.
3572     (c)  The project demonstrates efficient use of energy and
3573material resources.
3574     (d)  The project fosters overall understanding and
3575appreciation of bioenergy technologies.
3576     (e)  Matching funds and in-kind contributions from an
3577applicant are available.
3578     (f)  The project duration and the timeline for expenditures
3579are acceptable.
3580     (g)  The project has a reasonable assurance of enhancing
3581the value of agricultural products or will expand agribusiness
3582in the state.
3583     (h)  Preliminary market and feasibility research has been
3584conducted by the applicant or others and shows there is a
3585reasonable assurance of a potential market.
3586     (7)  Each grant application shall be accompanied by an
3587affidavit from the applicant attesting to the accuracy of the
3588statements contained in the application.
3589     Section 58.  Section 377.806, Florida Statutes, is amended
3590to read:
3591     377.806  Solar Energy System Incentives Program.--
3592     (1)  PURPOSE.--The Solar Energy System Incentives Program
3593is established within the commission department to provide
3594financial incentives for the purchase and installation of solar
3595energy systems. Any resident of the state who purchases and
3596installs a new solar energy system of 2 kilowatts or larger for
3597a solar photovoltaic system, a solar energy system that provides
3598at least 50 percent of a building's hot water consumption for a
3599solar thermal system, or a solar thermal pool heater, from July
36001, 2006, through June 30, 2010, is eligible for a rebate on a
3601portion of the purchase price of that solar energy system.
3603     (a)  Eligibility requirements.--A solar photovoltaic system
3604qualifies for a rebate if:
3605     1.  The system is installed by a state-licensed master
3606electrician, electrical contractor, or solar contractor.
3607     2.  The system complies with state interconnection
3608standards as provided by the Florida Public Service Commission.
3609     3.  The system complies with all applicable building codes
3610as defined by the Florida Building Code local jurisdictional
3612     (b)  Rebate amounts.--The rebate amount shall be set at $4
3613per watt based on the total wattage rating of the system. The
3614maximum allowable rebate per solar photovoltaic system
3615installation shall be as follows:
3616     1.  Twenty thousand dollars for a residence.
3617     2.  One hundred thousand dollars for a place of business, a
3618publicly owned or operated facility, or a facility owned or
3619operated by a private, not-for-profit organization, including
3620condominiums or apartment buildings.
3622     (a)  Eligibility requirements.--A solar thermal system
3623qualifies for a rebate if:
3624     1.  The system is installed by a state-licensed solar or
3625plumbing contractor.
3626     2.  The system complies with all applicable building codes
3627as defined by the Florida Building Code local jurisdictional
3629     (b)  Rebate amounts.--Authorized rebates for installation
3630of solar thermal systems shall be as follows:
3631     1.  Five hundred dollars for a residence.
3632     2.  Fifteen dollars per 1,000 Btu up to a maximum of $5,000
3633for a place of business, a publicly owned or operated facility,
3634or a facility owned or operated by a private, not-for-profit
3635organization, including condominiums or apartment buildings. Btu
3636must be verified by approved metering equipment.
3638     (a)  Eligibility requirements.--A solar thermal pool heater
3639qualifies for a rebate if the system is installed by a state-
3640licensed solar or plumbing contractor and the system complies
3641with all applicable building codes as defined by the Florida
3642Building Code local jurisdictional authority.
3643     (b)  Rebate amount.--Authorized rebates for installation of
3644solar thermal pool heaters shall be $100 per installation.
3645     (5)  APPLICATION.--Application for a rebate must be made
3646within 120 90 days after the purchase of the solar energy
3648     (6)  REBATE AVAILABILITY.--The commission department shall
3649determine and publish on a regular basis the amount of rebate
3650funds remaining in each fiscal year. The total dollar amount of
3651all rebates issued by the department is subject to the total
3652amount of appropriations in any fiscal year for this program. If
3653funds are insufficient during the current fiscal year, any
3654requests for rebates received during that fiscal year may be
3655processed during the following fiscal year. Requests for rebates
3656received in a fiscal year that are processed during the
3657following fiscal year shall be given priority over requests for
3658rebates received during the following fiscal year.
3659     (7)  RULES.--The commission department shall adopt rules
3660pursuant to ss. 120.536(1) and 120.54 to develop rebate
3661applications and administer the issuance of rebates.
3662     Section 59.  Section 377.808, Florida Statutes, is created
3663to read:
3664     377.808  Florida Green Government Grants Act.--
3665     (1)  This section may be cited as the "Florida Green
3666Government Grants Act."
3667     (2)  The Florida Energy and Climate Commission shall use
3668funds specifically appropriated to award grants under this
3669section to assist local governments, including municipalities,
3670counties, and school districts, in the development and
3671implementation of programs that achieve green standards. Green
3672standards shall be determined by the commission and shall
3673provide for cost-efficient solutions, reducing greenhouse gas
3674emissions, improving quality of life, and strengthening the
3675state's economy.
3676     (3)  The commission shall adopt rules pursuant to chapter
3677120 to administer the grants provided for in this section. In
3678accordance with the rules adopted by the commission under this
3679section, the commission may provide grants from funds
3680specifically appropriated for this purpose to local governments
3681for the costs of achieving green standards, including necessary
3682administrative expenses. The rules of the commission shall:
3683     (a)  Designate one or more suitable green government
3684standards frameworks from which local governments may develop a
3685greening government initiative and from which projects may be
3686eligible for funding pursuant to this section.
3687     (b)  Require that projects that plan, design, construct,
3688upgrade, or replace facilities reduce greenhouse gas emissions
3689and be cost-effective, environmentally sound, permittable, and
3691     (c)  Require local governments to match state funds with
3692direct project cost sharing or in-kind services.
3693     (d)  Provide for a scale of matching requirements for local
3694governments on the basis of population in order to assist rural
3695and undeveloped areas of the state with any financial burden of
3696addressing climate change impacts.
3697     (e)  Require grant applications to be submitted on
3698appropriate forms developed and adopted by the commission with
3699appropriate supporting documentation and require records to be
3701     (f)  Establish a system to determine the relative priority
3702of grant applications. The system shall consider greenhouse gas
3703reductions, energy savings and efficiencies, and proven
3705     (g)  Establish requirements for competitive procurement of
3706engineering and construction services, materials, and equipment.
3707     (h)  Provide for termination of grants when program
3708requirements are not met.
3709     (4)  Each local government is limited to not more than two
3710grant applications during each application period announced by
3711the commission. However, a local government may not have more
3712than three active projects expending grant funds during any
3713state fiscal year.
3714     (5)  The commission shall perform an adequate overview of
3715each grant, which may include technical review, site
3716inspections, disbursement approvals, and auditing to
3717successfully implement this section.
3718     Section 60.  Paragraph (c) of subsection (3) of section
3719380.23, Florida Statutes, is amended to read:
3720     380.23  Federal consistency.--
3721     (3)  Consistency review shall be limited to review of the
3722following activities, uses, and projects to ensure that such
3723activities, uses, and projects are conducted in accordance with
3724the state's coastal management program:
3725     (c)  Federally licensed or permitted activities affecting
3726land or water uses when such activities are in or seaward of the
3727jurisdiction of local governments required to develop a coastal
3728zone protection element as provided in s. 380.24 and when such
3729activities involve:
3730     1.  Permits and licenses required under the Rivers and
3731Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
3732     2.  Permits and licenses required under the Marine
3733Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
37341401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
3735     3.  Permits and licenses required under the Federal Water
3736Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
3737amended, unless such permitting activities have been delegated
3738to the state pursuant to said act.
3739     4.  Permits and licenses relating to the transportation of
3740hazardous substance materials or transportation and dumping
3741which are issued pursuant to the Hazardous Materials
3742Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
374333 U.S.C. s. 1321, as amended.
3744     5.  Permits and licenses required under 15 U.S.C. ss. 717-
3745717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
37461331-1356 for construction and operation of interstate gas
3747pipelines and storage facilities.
3748     6.  Permits and licenses required for the siting and
3749construction of any new electrical power plants as defined in s.
3750403.503(14)(13), as amended, and the licensing and relicensing
3751of hydroelectric power plants under the Federal Power Act, 16
3752U.S.C. ss. 791a et seq., as amended.
3753     7.  Permits and licenses required under the Mining Law of
37541872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
3755Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
3756Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
3757amended; the Federal Land Policy and Management Act, 43 U.S.C.
3758ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
3759U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
3760U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
3761pipelines, geological and geophysical activities, or rights-of-
3762way on public lands and permits and licenses required under the
3763Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
3765     8.  Permits and licenses for areas leased under the OCS
3766Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
3767leases and approvals of exploration, development, and production
3769     9.  Permits and licenses required under the Deepwater Port
3770Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
3771     10.  Permits required for the taking of marine mammals
3772under the Marine Mammal Protection Act of 1972, as amended, 16
3773U.S.C. s. 1374.
3774     Section 61.  Subsection (20) of section 403.031, Florida
3775Statutes, is amended to read:
3776     403.031  Definitions.--In construing this chapter, or rules
3777and regulations adopted pursuant hereto, the following words,
3778phrases, or terms, unless the context otherwise indicates, have
3779the following meanings:
3780     (20)  "Electrical power plant" means, for purposes of this
3781part of this chapter, any electrical generating facility that
3782uses any process or fuel and that is owned or operated by an
3783electric utility, as defined in s. 403.503(14)(13), and includes
3784any associated facility that directly supports the operation of
3785the electrical power plant.
3786     Section 62.  Section 403.44, Florida Statutes, is created
3787to read:
3788     403.44  Florida Climate Protection Act.--
3789     (1)  The Legislature finds it is in the best interest of
3790the state to document, to the greatest extent practicable,
3791greenhouse gas emissions and to pursue a market-based emissions
3792abatement program, such as cap and trade, to address greenhouse
3793gas emissions reductions.
3794     (2)  As used in this section, the term:
3795     (a)  "Allowance" means a credit issued by the department
3796through allotments or auction which represents an authorization
3797to emit specific amounts of greenhouse gases, as further defined
3798in department rule.
3799     (b)  "Cap and trade" or "emissions trading" means an
3800administrative approach used to control pollution by providing a
3801limit on total allowable emissions, providing for allowances to
3802emit pollutants, and providing for the transfer of the
3803allowances among pollutant sources as a means of compliance with
3804emission limits.
3805     (c)  "Greenhouse gas" or "GHG" means carbon dioxide,
3806methane, nitrous oxide, and fluorinated gases such as
3807hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
3808     (d)  "Leakage" means the offset of emission abatement that
3809is achieved in one location subject to emission control
3810regulation by increased emissions in unregulated locations.
3811     (e)  "Major emitter" means an electric utility regulated
3812under this chapter.
3813     (3)  A major emitter shall be required to use The Climate
3814Registry for purposes of emission registration and reporting.
3815     (4)  The department shall establish the methodologies,
3816reporting periods, and reporting systems that shall be used when
3817major emitters report to The Climate Registry. The department
3818may require the use of quality-assured data from continuous
3819emissions monitoring systems.
3820     (5)  The department may adopt rules for a cap-and-trade
3821regulatory program to reduce greenhouse gas emissions from major
3822emitters. When developing the rules, the department shall
3823consult with the Florida Energy and Climate Commission and the
3824Florida Public Service Commission and may consult with the
3825Governor's Action Team for Energy and Climate Change. The
3826department shall not adopt rules until after January 1, 2010.
3827The rules shall not become effective until ratified by the
3829     (6)  The rules of the cap-and-trade regulatory program
3830shall include, but are not limited to:
3831     (a)  A statewide limit or cap on the amount of greenhouse
3832gases emitted by major emitters.
3833     (b)  Methods, requirements, and conditions for allocating
3834the cap among major emitters.
3835     (c)  Methods, requirements, and conditions for emissions
3836allowances and the process for issuing emissions allowances.
3837     (d)  The relationship between allowances and the specific
3838amounts of greenhouse gas emissions they represent.
3839     (e)  The length of allowance periods and the time over
3840which entities must account for emissions and surrender
3841allowances equal to emissions.
3842     (f)  The timeline of allowances from the initiation of the
3843program through to 2050.
3844     (g)  A process for the trade of allowances between major
3845emitters, including a registry, tracking, or accounting system
3846for such trades.
3847     (h)  Cost containment mechanisms to reduce price and cost
3848risks associated with the electric generation market in this
3849state. Cost containment mechanisms to be considered for
3850inclusion in the rules include, but are not limited to:
3851     1.  Allowing major emitters to borrow allowances from
3852future time periods to meet their greenhouse gas emission
3854     2.  Allowing major emitters to bank greenhouse gas emission
3855reductions in the current year to be used to meet emission
3856limits in future years.
3857     3.  Allowing major emitters to purchase emissions offsets
3858from other entities that produce verifiable reductions in
3859unregulated greenhouse gas emissions or that produce verifiable
3860reductions in greenhouse gas emissions through voluntary
3861practices that capture and store greenhouse gases that otherwise
3862would be released into the atmosphere. In considering this cost
3863containment mechanism, the department shall identify sectors and
3864activities outside of the capped sectors, including other state,
3865federal, or international activities, and the conditions under
3866which reductions there can be credited against emissions of
3867capped entities in place of allowances issued by the department.
3868The department shall also consider potential methods and their
3869effectiveness to avoid double-incentivizing such activities.
3870     4.  Providing a safety valve mechanism to ensure that the
3871market prices for allowances or offsets do not surpass a
3872predetermined level compatible with the affordability of
3873electric utility rates and the well-being of the state's
3874economy. In considering this cost containment mechanism, the
3875department shall evaluate different price levels for the safety
3876valve and methods to change the price level over time to reflect
3877changing state, federal, and international markets, regulatory
3878environments, and technological advancements.
3880In considering cost containment mechanisms for inclusion in the
3881rules, the department shall evaluate the anticipated overall
3882effect of each mechanism on the abatement of greenhouse gas
3883emissions and on electricity ratepayers and the benefits and
3884costs of each to the state's economy, and shall also consider
3885the interrelationships between the mechanisms under
3887     (i)  A process to allow the department to exercise its
3888authority to discourage leakage of GHG emissions to neighboring
3889states attributable to the implementation of this program.
3890     (j)  Provisions for a trial period on the trading of
3891allowances before full implementation of a trading system.
3892     (7)  In recommending and evaluating proposed features of
3893the cap-and-trade system, the following factors shall be
3895     (a)  The overall cost-effectiveness of the cap-and-trade
3896system in combination with other policies and measures in
3897meeting statewide targets.
3898     (b)  Minimizing the administrative burden to the state of
3899implementing, monitoring, and enforcing the program.
3900     (c)  Minimizing the administrative burden on entities
3901covered under the cap.
3902     (d)  The impacts on electricity prices for consumers.
3903     (e)  The specific benefits to the state's economy for early
3904adoption of a cap-and-trade system for greenhouse gases in the
3905context of federal climate change legislation and the
3906development of new international compacts.
3907     (f)  The specific benefits to the state's economy
3908associated with the creation and sale of emissions offsets from
3909economic sectors outside of the emissions cap.
3910     (g)  The potential effects on leakage if economic activity
3911relocates out of the state.
3912     (h)  The effectiveness of the combination of measures in
3913meeting identified targets.
3914     (i)  The implications for near-term periods of long-term
3915targets specified in the overall policy.
3916     (j)  The overall costs and benefits of a cap-and-trade
3917system to the state economy.
3918     (k)  How to moderate impacts on low-income consumers that
3919result from energy price increases.
3920     (l)  Consistency of the program with other state and
3921possible federal efforts.
3922     (m)  The feasibility and cost-effectiveness of extending
3923the program scope as broadly as possible among emitting
3924activities and sinks in Florida.
3925     (n)  Evaluation of the conditions under which Florida
3926should consider linking its trading system to the systems of
3927other states or other countries and how that might be affected
3928by the potential inclusion in the rule of a safety valve.
3929     (8)  Recognizing that the international, national, and
3930neighboring state policies and the science of climate change
3931will evolve, prior to submitting the proposed rules to the
3932Legislature for consideration, the department shall submit the
3933proposed rules to the Florida Energy and Climate Commission,
3934which shall review the proposed rules and submit a report to the
3935Governor, the President of the Senate, the Speaker of the House
3936of Representatives, and the department. The report shall
3938     (a)  The overall cost-effectiveness of the proposed cap-
3939and-trade system in combination with other policies and measures
3940in meeting statewide targets.
3941     (b)  The administrative burden to the state of
3942implementing, monitoring, and enforcing the program.
3943     (c)  The administrative burden on entities covered under
3944the cap.
3945     (d)  The impacts on electricity prices for consumers.
3946     (e)  The specific benefits to the state's economy for early
3947adoption of a cap-and-trade system for greenhouse gases in the
3948context of federal climate change legislation and the
3949development of new international compacts.
3950     (f)  The specific benefits to the state's economy
3951associated with the creation and sale of emissions offsets from
3952economic sectors outside of the emissions cap.
3953     (g)  The potential effects on leakage if economic activity
3954relocates out of the state.
3955     (h)  The effectiveness of the combination of measures in
3956meeting identified targets.
3957     (i)  The economic implications for near-term periods of
3958short-term and long-term targets specified in the overall
3960     (j)  The overall costs and benefits of a cap-and-trade
3961system to the economy of the state.
3962     (k)  The impacts on low-income consumers that result from
3963energy price increases.
3964     (l)  The consistency of the program with other state and
3965possible federal efforts.
3966     (m)  The evaluation of the conditions under which the state
3967should consider linking its trading system to the systems of
3968other states or other countries and how that might be affected
3969by the potential inclusion in the rule of a safety valve.
3970     (n)  The timing and changes in the external environment,
3971such as proposals by other states or implementation of a federal
3972program that would spur reevaluation of the Florida program.
3973     (o)  The conditions and options for eliminating the Florida
3974program if a federal program were to supplant it.
3975     (p)  The need for a regular reevaluation of the progress of
3976other emitting regions of the country and of the world, and
3977whether other regions are abating emissions in a commensurate
3979     (q)  The desirability of and possibilities of broadening
3980the scope of the state's cap-and-trade system at a later date to
3981include more emitting activities as well as sinks in Florida,
3982the conditions that would need to be met to do so, and how the
3983program would encourage these conditions to be met, including
3984developing monitoring and measuring techniques for land use
3985emissions and sinks, regulating sources upstream, and other
3987     Section 63.  Section 403.502, Florida Statutes, is amended
3988to read:
3989     403.502  Legislative intent.--The Legislature finds that
3990the present and predicted growth in electric power demands in
3991this state requires the development of a procedure for the
3992selection and utilization of sites for electrical generating
3993facilities and the identification of a state position with
3994respect to each proposed site and its associated facilities. The
3995Legislature recognizes that the selection of sites and the
3996routing of associated facilities, including transmission lines,
3997will have a significant impact upon the welfare of the
3998population, the location and growth of industry, and the use of
3999the natural resources of the state. The Legislature finds that
4000the efficiency of the permit application and review process at
4001both the state and local level would be improved with the
4002implementation of a process whereby a permit application would
4003be centrally coordinated and all permit decisions could be
4004reviewed on the basis of standards and recommendations of the
4005deciding agencies. It is the policy of this state that, while
4006recognizing the pressing need for increased power generation
4007facilities, the state shall ensure through available and
4008reasonable methods that the location and operation of electrical
4009power plants will produce minimal adverse effects on human
4010health, the environment, the ecology of the land and its
4011wildlife, and the ecology of state waters and their aquatic life
4012and will not unduly conflict with the goals established by the
4013applicable local comprehensive plans. It is the intent to seek
4014courses of action that will fully balance the increasing demands
4015for electrical power plant location and operation with the broad
4016interests of the public. Such action will be based on these
4018     (1)  To assure the citizens of Florida that operation
4019safeguards are technically sufficient for their welfare and
4021     (2)  To effect a reasonable balance between the need for
4022the facility and the environmental impact resulting from
4023construction and operation of the facility, including air and
4024water quality, fish and wildlife, and the water resources and
4025other natural resources of the state.
4026     (3)  To meet the need for electrical energy as established
4027pursuant to s. 403.519.
4028     (4)  To assure the citizens of Florida that renewable
4029energy sources and technologies, as well as conservation
4030measures, are utilized to the extent reasonably available.
4031     Section 64.  Subsections (3) through (30) of section
4032403.503, Florida Statutes, are renumbered as subsections (4)
4033through (31), respectively, present subsections (6), (8), (10),
4034(13), (27), and (29) are amended, and a new subsection (3) is
4035added to that section, to read:
4036     403.503  Definitions relating to Florida Electrical Power
4037Plant Siting Act.--As used in this act:
4038     (3)  "Alternate corridor" means an area that is proposed by
4039the applicant or a third party within which all or part of an
4040associated electrical transmission line right-of-way is to be
4041located and that is different from the preferred transmission
4042line corridor proposed by the applicant. The width of the
4043alternate corridor proposed for certification for an associated
4044electrical transmission line may be the width of the proposed
4045right-of-way or a wider boundary not to exceed a width of 1
4046mile. The area within the alternate corridor may be further
4047restricted as a condition of certification. The alternate
4048corridor may include alternate electrical substation sites if
4049the applicant has proposed an electrical substation as part of
4050the portion of the proposed electrical transmission line.
4051     (7)(6)  "Associated facilities" means, for the purpose of
4052certification, those onsite and offsite facilities which
4053directly support the construction and operation of the
4054electrical power plant such as electrical transmission lines,
4055substations, and fuel unloading facilities; pipelines necessary
4056for transporting fuel for the operation of the facility or other
4057fuel transportation facilities; water or wastewater transport
4058pipelines; construction, maintenance, and access roads; and
4059railway lines necessary for transport of construction equipment
4060or fuel for the operation of the facility.
4061     (9)(8)  "Certification" means the written order of the
4062board, or secretary when applicable, approving an application
4063for the licensing of an electrical power plant, in whole or with
4064such changes or conditions as the board may deem appropriate.
4065     (11)(10)  "Corridor" means the proposed area within which
4066an associated linear facility right-of-way is to be located. The
4067width of the corridor proposed for certification as an
4068associated facility, at the option of the applicant, may be the
4069width of the right-of-way or a wider boundary, not to exceed a
4070width of 1 mile. The area within the corridor in which a right-
4071of-way may be located may be further restricted by a condition
4072of certification. After all property interests required for the
4073right-of-way have been acquired by the licensee, the boundaries
4074of the area certified shall narrow to only that land within the
4075boundaries of the right-of-way. The corridors proper for
4076certification shall be those addressed in the application, in
4077amendments to the application filed under s. 403.5064, and in
4078notices of acceptance of proposed alternate corridors filed by
4079an applicant and the department pursuant to s. 403.5271 as
4080incorporated by reference in s. 403.5064(1)(b) for which the
4081required information for the preparation of agency supplemental
4082reports was filed.
4083     (14)(13)  "Electrical power plant" means, for the purpose
4084of certification, any steam or solar electrical generating
4085facility using any process or fuel, including nuclear materials,
4086except that this term does not include any steam or solar
4087electrical generating facility of less than 75 megawatts in
4088capacity unless the applicant for such a facility elects to
4089apply for certification under this act. This term also includes
4090the site; all associated facilities that will to be owned by the
4091applicant that which are physically connected to the electrical
4092power plant site; all associated facilities that or which are
4093indirectly directly connected to the electrical power plant site
4094by other proposed associated facilities that will to be owned by
4095the applicant;, and associated transmission lines that will to
4096be owned by the applicant which connect the electrical power
4097plant to an existing transmission network or rights-of-way to of
4098which the applicant intends to connect. At the applicant's
4099option, this term may include any offsite associated facilities
4100that which will not be owned by the applicant; offsite
4101associated facilities that which are owned by the applicant but
4102that which are not directly connected to the electrical power
4103plant site; any proposed terminal or intermediate substations or
4104substation expansions connected to the associated transmission
4105line; or new transmission lines, upgrades, or improvements of an
4106existing transmission line on any portion of the applicant's
4107electrical transmission system necessary to support the
4108generation injected into the system from the proposed electrical
4109power plant.
4110     (28)(27)  "Site" means any proposed location within which
4111will be located wherein an electrical power plant's generating
4112facility and onsite support facilities plant, or an electrical
4113power plant alteration or addition of electrical generating
4114facilities and onsite support facilities resulting in an
4115increase in generating capacity, will be located, including
4116offshore sites within state jurisdiction.
4117     (30)(29)  "Ultimate site capacity" means the maximum gross
4118generating capacity for a site as certified by the board, unless
4119otherwise specified as net generating capacity.
4120     Section 65.  Subsections (2) through (5), (9), and (11) of
4121section 403.504, Florida Statutes, are amended to read:
4122     403.504  Department of Environmental Protection; powers and
4123duties enumerated.--The department shall have the following
4124powers and duties in relation to this act:
4125     (2)  To prescribe the form and content of the public
4126notices and the notice of intent and the form, content, and
4127necessary supporting documentation and studies to be prepared by
4128the applicant for electrical power plant site certification
4130     (3)  To receive applications for electrical power plant
4131site certifications and to determine the completeness and
4132sufficiency thereof.
4133     (4)  To make, or contract for, studies of electrical power
4134plant site certification applications.
4135     (5)  To administer the processing of applications for
4136electric power plant site certifications and to ensure that the
4137applications are processed as expeditiously as possible.
4138     (9)  To determine whether an alternate corridor proposed
4139for consideration under s. 403.5064(4) is acceptable issue final
4140orders after receipt of the administrative law judge's order
4141relinquishing jurisdiction pursuant to s. 403.508(6).
4142     (11)  To administer and manage the terms and conditions of
4143the certification order and supporting documents and records for
4144the life of the electrical power plant facility.
4145     Section 66.  Subsection (1) of section 403.506, Florida
4146Statutes, is amended, and subsection (3) is added that section,
4147to read:
4148     403.506  Applicability, thresholds, and certification.--
4149     (1)  The provisions of this act shall apply to any
4150electrical power plant as defined herein, except that the
4151provisions of this act shall not apply to any electrical power
4152plant or steam generating plant of less than 75 megawatts in
4153gross capacity, including its associated facilities, or to any
4154substation to be constructed as part of an associated
4155transmission line unless the applicant has elected to apply for
4156certification of such electrical power plant or substation under
4157this act. The provisions of this act shall not apply to any unit
4158capacity expansions expansion of 75 35 megawatts or less, in the
4159aggregate, of an existing exothermic reaction cogeneration
4160electrical generating facility unit that was exempt from this
4161act when it was originally built; however, this exemption shall
4162not apply if the unit uses oil or natural gas for purposes other
4163than unit startup. No construction of any new electrical power
4164plant or expansion in steam generating capacity as measured by
4165an increase in the maximum electrical generator rating of any
4166existing electrical power plant may be undertaken after October
41671, 1973, without first obtaining certification in the manner as
4168herein provided, except that this act shall not apply to any
4169such electrical power plant which is presently operating or
4170under construction or which has, upon the effective date of
4171chapter 73-33, Laws of Florida, applied for a permit or
4172certification under requirements in force prior to the effective
4173date of such act.
4174     (3)  An electric utility may obtain separate licenses,
4175permits, and approvals for the construction of facilities
4176necessary to construct an electrical power plant without first
4177obtaining certification under this act if the utility intends to
4178locate, license, and construct a proposed or expanded electrical
4179power plant that uses nuclear materials as fuel. Such facilities
4180may include, but are not limited to, access and onsite roads,
4181rail lines, electrical transmission facilities to support
4182construction, and facilities necessary for waterborne delivery
4183of construction materials and project components. This exemption
4184applies to such facilities regardless of whether the facilities
4185are used for operation of the power plant. The applicant shall
4186file with the department a statement that declares that the
4187construction of such facilities is necessary for the timely
4188construction of the proposed electrical power plant and
4189identifies those facilities that the applicant intends to seek
4190licenses for and construct prior to or separate from
4191certification of the project. The facilities may be located
4192within or off the site for the proposed electrical power plant.
4193The filing of an application under this act shall not affect
4194other applications for separate licenses which are pending at
4195the time of filing the application. Furthermore, the filing of
4196an application shall not prevent an electric utility from
4197seeking separate licenses for facilities that are necessary to
4198construct the electrical power plant. Licenses, permits, or
4199approvals issued by any state, regional, or local agency for
4200such facilities shall be incorporated by the department into a
4201final certification upon completion of construction. Any
4202facilities necessary for construction of the electrical power
4203plant shall become part of the certified electrical power plant
4204upon completion of the electrical power plant's construction.
4205The exemption in this subsection shall not require or authorize
4206agency rulemaking, and any action taken under this subsection
4207shall not be subject to the provisions of chapter 120. This
4208subsection shall be given retroactive effect and shall apply to
4209applications filed after May 1, 2008.
4210     Section 67.  Subsections (1) and (4) of section 403.5064,
4211Florida Statutes, are amended to read:
4212     403.5064  Application; schedules.--
4213     (1)  The formal date of filing of a certification
4214application and commencement of the certification review process
4215shall be when the applicant submits:
4216     (a)  Copies of the certification application in a quantity
4217and format as prescribed by rule to the department and other
4218agencies identified in s. 403.507(2)(a).
4219     (b)  A statement affirming that the applicant is opting to
4220allow consideration of alternate corridors for an associated
4221transmission line corridor. If alternate corridors are allowed,
4222at the applicant's option, the portion of the application
4223addressing associated transmission line corridors shall be
4224processed under the schedule set forth in ss. 403.521-403.526,
4225403.527(4), and 403.5271, including the opportunity for the
4226filing of alternate corridors by third parties; however, if such
4227alternate corridors are filed, the certification hearing shall
4228not be rescheduled as allowed by s. 403.5271(1)(b).
4229     (c)(b)  The application fee specified under s. 403.518 to
4230the department.
4231     (4)  Within 7 days after the filing of an application, the
4232department shall prepare a proposed schedule of dates for
4233determination of completeness, submission of statements of
4234issues, submittal of final reports, and other significant dates
4235to be followed during the certification process, including dates
4236for filing notices of appearance to be a party pursuant to s.
4237403.508(3). If the application includes one or more associated
4238transmission line corridors, at the request of the applicant
4239filed concurrently with the application, the department shall
4240use the application processing schedule set forth in ss.
4241403.521-403.526, 403.527(4), and 403.5271 for the associated
4242transmission line corridors, including the opportunity for the
4243filing and review of alternate corridors, if a party proposes
4244alternate transmission line corridor routes for consideration no
4245later than 165 days before the scheduled certification hearing.
4246Notwithstanding an applicant's option for the transmission line
4247corridor portion of its application to be processed under the
4248proposed schedule, only one certification hearing shall be held
4249for the entire plant in accordance with s. 403.508(2). The
4250proposed This schedule shall be timely provided by the
4251department to the applicant, the administrative law judge, all
4252agencies identified pursuant to subsection (2), and all parties.
4253Within 7 days after the filing of the proposed schedule, the
4254administrative law judge shall issue an order establishing a
4255schedule for the matters addressed in the department's proposed
4256schedule and other appropriate matters, if any.
4257     Section 68.  Subsection (1) of section 403.5065, Florida
4258Statutes, is amended to read:
4259     403.5065  Appointment of administrative law judge; powers
4260and duties.--
4261     (1)  Within 7 days after receipt of an application, the
4262department shall request the Division of Administrative Hearings
4263to designate an administrative law judge to conduct the hearings
4264required by this act. The division director shall designate an
4265administrative law judge within 7 days after receipt of the
4266request from the department. In designating an administrative
4267law judge for this purpose, the division director shall,
4268whenever practicable, assign an administrative law judge who has
4269had prior experience or training in electrical power plant site
4270certification proceedings. Upon being advised that an
4271administrative law judge has been appointed, the department
4272shall immediately file a copy of the application and all
4273supporting documents with the designated administrative law
4274judge, who shall docket the application.
4275     Section 69.  Subsection (3) of section 403.50663, Florida
4276Statutes, is amended to read:
4277     403.50663  Informational public meetings.--
4278     (3)  A local government or regional planning council that
4279intends to conduct an informational public meeting must provide
4280notice of the meeting to all parties not less than 5 days prior
4281to the meeting and to the general public in accordance with s.
4282403.5115(5). The expense for such notice is eligible for
4283reimbursement under s. 403.518(2)(c)1.
4284     Section 70.  Section 403.50665, Florida Statutes, is
4285amended to read:
4286     403.50665  Land use consistency.--
4287     (1)  The applicant shall include in the application a
4288statement on the consistency of the site and or any directly
4289associated facilities that constitute a "development," as
4290defined in s. 380.04, with existing land use plans and zoning
4291ordinances that were in effect on the date the application was
4292filed and a full description of such consistency. This
4293information shall include an identification of those associated
4294facilities that the applicant believes are exempt from the
4295requirements of land use plans and zoning ordinances under the
4296provisions of the Local Government Comprehensive Planning and
4297Land Development Regulation Act provisions of chapter 163 and s.
4299     (2)(a)  Within 45 days after the filing of the application,
4300each local government shall file a determination with the
4301department, the applicant, the administrative law judge, and all
4302parties on the consistency of the site, and or any directly
4303associated facilities that are not exempt from the requirements
4304of land use plans and zoning ordinances under chapter 163 and s.
4305380.04(3), with existing land use plans and zoning ordinances
4306that were in effect on the date the application was filed, based
4307on the information provided in the application. However, this
4308requirement does not apply to any new electrical generation unit
4309proposed to be constructed and operated on the site of a
4310previously certified electrical power plant or on the site of a
4311power plant that was not previously certified that will be
4312wholly contained within the boundaries of the existing site.
4313     (b)  The local government may issue its determination up to
431455 35 days later if the application has been determined
4315incomplete based in whole or in part upon a local government
4316request for has requested additional information on land use and
4317zoning consistency as part of the local government's statement
4318on completeness of the application submitted pursuant to s.
4319403.5066(1)(a). Incompleteness of information necessary for a
4320local government to evaluate an application may be claimed by
4321the local government as cause for a statement of inconsistency
4322with existing land use plans and zoning ordinances.
4323     (c)  Notice of the consistency determination shall be
4324published in accordance with the requirements of s. 403.5115.
4325     (3)(a)  If the local government issues a determination that
4326the proposed site and any nonexempt associated facilities are
4327electrical power plant is not consistent or in compliance with
4328local land use plans and zoning ordinances, the applicant may
4329apply to the local government for the necessary local approval
4330to address the inconsistencies identified in the local
4331government's determination.
4332     (b)  If the applicant makes such an application to the
4333local government, the time schedules under this act shall be
4334tolled until the local government issues its revised
4335determination on land use and zoning or the applicant otherwise
4336withdraws its application to the local government.
4337     (c)  If the applicant applies to the local government for
4338necessary local land use or zoning approval, the local
4339government shall commence a proceeding to consider the
4340application for land use or zoning approval within 45 days after
4341receipt of the complete request and shall issue a revised
4342determination within 30 days following the conclusion of that
4343local proceeding., and The time schedules and notice
4344requirements under this act shall apply to such revised
4346     (4)  If any substantially affected person wishes to dispute
4347the local government's determination, he or she shall file a
4348petition with the designated administrative law judge department
4349within 21 days after the publication of notice of the local
4350government's determination. If a hearing is requested, the
4351provisions of s. 403.508(1) shall apply.
4352     (5)  The dates in this section may be altered upon
4353agreement between the applicant, the local government, and the
4354department pursuant to s. 403.5095.
4355     (6)  If it is determined by the local government that the
4356proposed site or nonexempt directly associated facility does
4357conform with existing land use plans and zoning ordinances in
4358effect as of the date of the application and no petition has
4359been filed, the responsible zoning or planning authority shall
4360not thereafter change such land use plans or zoning ordinances
4361so as to foreclose construction and operation of the proposed
4362site or directly associated facilities unless certification is
4363subsequently denied or withdrawn.
4364     (7)  The issue of land use and zoning consistency for any
4365proposed alternate intermediate electrical substation which is
4366proposed as part of an alternate electrical transmission line
4367corridor which is accepted by the applicant and the department
4368under s. 403.5271(1)(b) shall be addressed in the supplementary
4369report prepared by the local government on the proposed
4370alternate corridor and shall be considered as an issue at any
4371final certification hearing. If such a proposed alternate
4372intermediate electrical substation is determined not to be
4373consistent with local land use plans and zoning ordinances, then
4374that alternate intermediate electrical substation shall not be
4376     Section 71.  Paragraph (a) of subsection (2) of section
4377403.507, Florida Statutes, is amended to read:
4378     403.507  Preliminary statements of issues, reports, project
4379analyses, and studies.--
4380     (2)(a)  No later than 100 days after the certification
4381application has been determined complete, the following agencies
4382shall prepare reports as provided below and shall submit them to
4383the department and the applicant, unless a final order denying
4384the determination of need has been issued under s. 403.519:
4385     1.  The Department of Community Affairs shall prepare a
4386report containing recommendations which address the impact upon
4387the public of the proposed electrical power plant, based on the
4388degree to which the electrical power plant is consistent with
4389the applicable portions of the state comprehensive plan,
4390emergency management, and other such matters within its
4391jurisdiction. The Department of Community Affairs may also
4392comment on the consistency of the proposed electrical power
4393plant with applicable strategic regional policy plans or local
4394comprehensive plans and land development regulations.
4395     2.  The water management district shall prepare a report as
4396to matters within its jurisdiction, including but not limited
4397to, the impact of the proposed electrical power plant on water
4398resources, regional water supply planning, and district-owned
4399lands and works.
4400     3.  Each local government in whose jurisdiction the
4401proposed electrical power plant is to be located shall prepare a
4402report as to the consistency of the proposed electrical power
4403plant with all applicable local ordinances, regulations,
4404standards, or criteria that apply to the proposed electrical
4405power plant, including any applicable local environmental
4406regulations adopted pursuant to s. 403.182 or by other means.
4407     4.  The Fish and Wildlife Conservation Commission shall
4408prepare a report as to matters within its jurisdiction.
4409     5.  Each regional planning council shall prepare a report
4410containing recommendations that address the impact upon the
4411public of the proposed electrical power plant, based on the
4412degree to which the electrical power plant is consistent with
4413the applicable provisions of the strategic regional policy plan
4414adopted pursuant to chapter 186 and other matters within its
4416     6.  The Department of Transportation shall address the
4417impact of the proposed electrical power plant on matters within
4418its jurisdiction.
4419     Section 72.  Subsection (1), paragraph (a) of subsection
4420(2), and paragraph (f) of subsection (3) of section 403.508,
4421Florida Statutes, are amended to read:
4422     403.508  Land use and certification hearings, parties,
4424     (1)(a)  Within 5 days after the filing of If a petition for
4425a hearing on land use has been filed pursuant to s. 403.50665,
4426the designated administrative law judge shall schedule conduct a
4427land use hearing to be conducted in the county of the proposed
4428site or directly associated facility that is not exempt from the
4429requirements of land use plans and zoning ordinances under
4430chapter 163 and s. 380.04(3), as applicable, as expeditiously as
4431possible, but not later than 30 days after the designated
4432administrative law judge's department's receipt of the petition.
4433The place of such hearing shall be as close as possible to the
4434proposed site or directly associated facility. If a petition is
4435filed, the hearing shall be held regardless of the status of the
4436completeness of the application. However, incompleteness of
4437information necessary for a local government to evaluate an
4438application may be claimed by the local government as cause for
4439a statement of inconsistency with existing land use plans and
4440zoning ordinances under s. 403.50665.
4441     (b)  Notice of the land use hearing shall be published in
4442accordance with the requirements of s. 403.5115.
4443     (c)  The sole issue for determination at the land use
4444hearing shall be whether or not the proposed site or nonexempt
4445associated facility is consistent and in compliance with
4446existing land use plans and zoning ordinances. If the
4447administrative law judge concludes that the proposed site or
4448nonexempt associated facility is not consistent or in compliance
4449with existing land use plans and zoning ordinances, the
4450administrative law judge shall receive at the hearing evidence
4451on, and address in the recommended order any changes to or
4452approvals or variances under, the applicable land use plans or
4453zoning ordinances which will render the proposed site or
4454nonexempt associated facility consistent and in compliance with
4455the local land use plans and zoning ordinances.
4456     (d)  The designated administrative law judge's recommended
4457order shall be issued within 30 days after completion of the
4458hearing and shall be reviewed by the board within 60 days after
4459receipt of the recommended order by the board.
4460     (e)  If it is determined by the board that the proposed
4461site or nonexempt associated facility does conform with existing
4462land use plans and zoning ordinances in effect as of the date of
4463the application, or as otherwise provided by this act, the
4464responsible zoning or planning authority shall not thereafter
4465change such land use plans or zoning ordinances so as to
4466foreclose construction and operation of the proposed electrical
4467power plant on the proposed site or directly associated
4468facilities unless certification is subsequently denied or
4470     (f)  If it is determined by the board that the proposed
4471site or nonexempt associated facility does not conform with
4472existing land use plans and zoning ordinances, the board may, if
4473it determines after notice and hearing and upon consideration of
4474the recommended order on land use and zoning issues that it is
4475in the public interest to authorize the use of the land as a
4476site for a site or associated facility an electrical power
4477plant, authorize a variance or other necessary approval to the
4478adopted land use plan and zoning ordinances required to render
4479the proposed site or associated facility consistent with local
4480land use plans and zoning ordinances. The board's action shall
4481not be controlled by any other procedural requirements of law.
4482In the event a variance or other approval is denied by the
4483board, it shall be the responsibility of the applicant to make
4484the necessary application for any approvals determined by the
4485board as required to make the proposed site or associated
4486facility consistent and in compliance with local land use plans
4487and zoning ordinances. No further action may be taken on the
4488complete application until the proposed site or associated
4489facility conforms to the adopted land use plan or zoning
4490ordinances or the board grants relief as provided under this
4492     (2)(a)  A certification hearing shall be held by the
4493designated administrative law judge no later than 265 days after
4494the application is filed with the department. The certification
4495hearing shall be held at a location in proximity to the proposed
4496site. At the conclusion of the certification hearing, the
4497designated administrative law judge shall, after consideration
4498of all evidence of record, submit to the board a recommended
4499order no later than 45 days after the filing of the hearing
4501     (3)
4502     (f)  Any agency, including those whose properties or works
4503are being affected pursuant to s. 403.509(5)(4), shall be made a
4504party upon the request of the department or the applicant.
4505     Section 73.  Subsection (3) of section 403.509, Florida
4506Statutes, is amended, subsection (4) is renumbered as subsection
4507(5), a new subsection (4) is added to that section, and
4508subsection (5) is renumbered as subsection (6) and amended, to
4510     403.509  Final disposition of application.--
4511     (3)  In determining whether an application should be
4512approved in whole, approved with modifications or conditions, or
4513denied, the board, or secretary when applicable, shall consider
4514whether, and the extent to which, the location, construction,
4515and operation of the electrical power plant and directly
4516associated facilities and their construction and operation will:
4517     (a)  Provide reasonable assurance that operational
4518safeguards are technically sufficient for the public welfare and
4520     (b)  Comply with applicable nonprocedural requirements of
4522     (c)  Be consistent with applicable local government
4523comprehensive plans and land development regulations.
4524     (d)  Meet the electrical energy needs of the state in an
4525orderly, reliable, and timely fashion.
4526     (e)  Effect a reasonable balance between the need for the
4527facility as established pursuant to s. 403.519 and the impacts
4528upon air and water quality, fish and wildlife, water resources,
4529and other natural resources of the state resulting from the
4530construction and operation of the facility.
4531     (f)  Minimize, through the use of reasonable and available
4532methods, the adverse effects on human health, the environment,
4533and the ecology of the land and its wildlife and the ecology of
4534state waters and their aquatic life.
4535     (g)  Serve and protect the broad interests of the public.
4536     (4)(a)  Any transmission line corridor certified by the
4537board, or secretary if applicable, shall meet the criteria of
4538this section. When more than one transmission line corridor is
4539proper for certification under s. 403.503(11) and meets the
4540criteria of this section, the board, or secretary if applicable,
4541shall certify the transmission line corridor that has the least
4542adverse impact regarding the criteria in subsection (3),
4543including costs.
4544     (b)  If the board, or secretary if applicable, finds that
4545an alternate corridor rejected pursuant to s. 403.5271 as
4546incorporated by reference in s. 403.5064(1)(b) meets the
4547criteria of subsection (3) and has the least adverse impact
4548regarding the criteria in subsection (3), the board, or
4549secretary if applicable, shall deny certification or shall allow
4550the applicant to submit an amended application to include the
4552     (c)  If the board, or secretary if applicable, finds that
4553two or more of the corridors that comply with subsection (3)
4554have the least adverse impacts regarding the criteria in
4555subsection (3), including costs, and that the corridors are
4556substantially equal in adverse impacts regarding the criteria in
4557subsection (3), including costs, the board, or secretary if
4558applicable, shall certify the corridor preferred by the
4559applicant if the corridor is one proper for certification under
4560s. 403.503(11).
4561     (6)(5)  For certifications issued by the board in regard to
4562the properties and works of any agency which is a party to the
4563certification hearing, the board shall have the authority to
4564decide issues relating to the use, the connection thereto, or
4565the crossing thereof, for the electrical power plant and
4566directly associated facilities and to direct any such agency to
4567execute, within 30 days after the entry of certification, the
4568necessary license or easement for such use, connection, or
4569crossing, subject only to the conditions set forth in such
4570certification. For certifications issued by the department in
4571regard to the properties and works of any agency that is a party
4572to the proceeding, any stipulation filed pursuant to s.
4573403.508(6)(a) must include a stipulation regarding any issues
4574relating to the use, the connection thereto, or the crossing
4575thereof, for the electrical power plant. Any agency stipulating
4576to the use of, connection to, or crossing of its property must
4577agree to execute, within 30 days after the entry of
4578certification, the necessary license or easement for such use,
4579connection, or crossing, subject only to the conditions set
4580forth in such certification.
4581     Section 74.  Subsections (1) and (6) of section 403.511,
4582Florida Statutes, are amended to read:
4583     403.511  Effect of certification.--
4584     (1)  Subject to the conditions set forth therein, any
4585certification shall constitute the sole license of the state and
4586any agency as to the approval of the location of the site and
4587any associated facility and the construction and operation of
4588the proposed electrical power plant, except for the issuance of
4589department licenses required under any federally delegated or
4590approved permit program and except as otherwise provided in
4591subsection (4).
4592     (6)  No term or condition of an electrical power plant a
4593site certification shall be interpreted to supersede or control
4594the provisions of a final operation permit for a major source of
4595air pollution issued by the department pursuant to s. 403.0872
4596to a facility certified under this part.
4597     Section 75.  Subsection (1) of section 403.5112, Florida
4598Statutes, is amended to read:
4599     403.5112  Filing of notice of certified corridor route.--
4600     (1)  Within 60 days after certification of an a directly
4601associated linear facility pursuant to this act, the applicant
4602shall file, in accordance with s. 28.222, with the department
4603and the clerk of the circuit court for each county through which
4604the corridor will pass, a notice of the certified route.
4605     Section 76.  Section 403.5113, Florida Statutes, is amended
4606to read:
4607     403.5113  Postcertification amendments and review.--
4609     (a)  If, subsequent to certification by the board, a
4610licensee proposes any material change to the application and
4611revisions or amendments thereto, as certified, the licensee
4612shall submit a written request for amendment and a description
4613of the proposed change to the application to the department.
4614Within 30 days after the receipt of the request for the
4615amendment, the department shall determine whether the proposed
4616change to the application requires a modification of the
4617conditions of certification.
4618     (b)(2)  If the department concludes that the change would
4619not require a modification of the conditions of certification,
4620the department shall provide written notification of the
4621approval of the proposed amendment to the licensee, all
4622agencies, and all other parties.
4623     (c)(3)  If the department concludes that the change would
4624require a modification of the conditions of certification, the
4625department shall provide written notification to the licensee
4626that the proposed change to the application requires a request
4627for modification pursuant to s. 403.516.
4628     (2)(4)  POSTCERTIFICATION REVIEW.--Postcertification
4629submittals filed by the licensee with one or more agencies are
4630for the purpose of monitoring for compliance with the issued
4631certification and must be reviewed by the agencies on an
4632expedited and priority basis because each facility certified
4633under this act is a critical infrastructure facility. In no
4634event shall a postcertification review be completed in more than
463590 days after complete information is submitted to the reviewing
4637     Section 77.  Section 403.5115, Florida Statutes, is amended
4638to read:
4639     403.5115  Public notice.--
4640     (1)  The following notices are to be published by the
4641applicant for all applications:
4642     (a)  Notice of the filing of a notice of intent under s.
4643403.5063, which shall be published within 21 days after the
4644filing of the notice. The notice shall be published as specified
4645by subsection (2), except that the newspaper notice shall be
4646one-fourth page in size in a standard size newspaper or one-half
4647page in size in a tabloid size newspaper.
4648     (b)  Notice of filing of the application, which shall
4649include a description of the proceedings required by this act,
4650within 21 days after the date of the application filing. Such
4651notice shall give notice of the provisions of s. 403.511(1) and
4653     (c)  If applicable, notice of the land use determination
4654made pursuant to s. 403.50665(2)(1) within 21 days after the
4655deadline for the filing of the determination is filed.
4656     (d)  If applicable, notice of the land use hearing, which
4657shall be published as specified in subsection (2), no later than
465815 days before the hearing.
4659     (e)  Notice of the certification hearing and notice of the
4660deadline for filing notice of intent to be a party, which shall
4661be published as specified in subsection (2), at least 65 days
4662before the date set for the certification hearing. If one or
4663more alternate corridors have been accepted for consideration,
4664the notice of the certification hearing shall include a map of
4665all corridors proposed for certification.
4666     (f)  Notice of revised deadline for filing alternate
4667corridors if the certification hearing is rescheduled to a date
4668other than as published in the notice of filing of the
4669application. This notice shall be published at least 185 days
4670before the rescheduled certification hearing and as specified in
4671subsection (2), except no map is required and the size of the
4672notice shall be no smaller than 6 square inches.
4673     (g)(f)  Notice of the cancellation of the certification
4674hearing, if applicable, no later than 3 days before the date of
4675the originally scheduled certification hearing. The newspaper
4676notice shall be one-fourth page in size in a standard-size
4677newspaper or one-half page in size in a tabloid-size newspaper.
4678     (h)(g)  Notice of modification when required by the
4679department, based on whether the requested modification of
4680certification will significantly increase impacts to the
4681environment or the public. Such notice shall be published as
4682specified under subsection (2):
4683     1.  Within 21 days after receipt of a request for
4684modification. The newspaper notice shall be of a size as
4685directed by the department commensurate with the scope of the
4687     2.  If a hearing is to be conducted in response to the
4688request for modification, then notice shall be published no
4689later than 30 days before the hearing.
4690     (h)  Notice of a supplemental application, which shall be
4691published as specified in paragraph (b) and subsection (2).
4692     (i)  Notice of existing site certification pursuant to s.
4693403.5175. Notices shall be published as specified in paragraph
4694(b) and subsection (2).
4695     (2)  Notices provided by the applicant shall be published
4696in newspapers of general circulation within the county or
4697counties in which the proposed electrical power plant will be
4698located. The newspaper notices, unless otherwise specified,  
4699shall be at least one-half page in size in a standard size
4700newspaper or a full page in a tabloid size newspaper. These
4701notices shall include a map generally depicting the project and
4702all associated facilities corridors. A newspaper of general
4703circulation shall be the newspaper which has the largest daily
4704circulation in that county and has its principal office in that
4705county. If the newspaper with the largest daily circulation has
4706its principal office outside the county, the notices shall
4707appear in both the newspaper having the largest circulation in
4708that county and in a newspaper authorized to publish legal
4709notices in that county.
4710     (3)  All notices published by the applicant shall be paid
4711for by the applicant and shall be in addition to the application
4713     (4)  The department shall arrange for publication of the
4714following notices in the manner specified by chapter 120 and
4715provide copies of those notices to any persons who have
4716requested to be placed on the departmental mailing list for this
4718     (a)  Notice of the filing of the notice of intent within 15
4719days after receipt of the notice.
4720     (b)  Notice of the filing of the application, no later than
472121 days after the application filing.
4722     (c)  Notice of the land use determination made pursuant to
4723s. 403.50665(2)(1) within 21 days after the determination is
4725     (d)  Notice of the land use hearing before the
4726administrative law judge, if applicable, no later than 15 days
4727before the hearing.
4728     (e)  Notice of the land use hearing before the board, if
4730     (f)  Notice of the certification hearing at least 45 days
4731before the date set for the certification hearing.
4732     (g)  Notice of the revised deadline for filing alternate
4733corridors if the certification hearing is rescheduled to a date
4734other than as published in the notice of filing of the
4735application. This notice shall be published at least 185 days
4736before the rescheduled certification hearing.
4737     (h)(g)  Notice of the cancellation of the certification
4738hearing, if applicable, no later than 3 days prior to the date
4739of the originally scheduled certification hearing.
4740     (i)(h)  Notice of the hearing before the board, if
4742     (j)(i)  Notice of stipulations, proposed agency action, or
4743petitions for modification.
4744     (5)  A local government or regional planning council that
4745proposes to conduct an informational public meeting pursuant to
4746s. 403.50663 must publish notice of the meeting in a newspaper
4747of general circulation within the county or counties in which
4748the proposed electrical power plant will be located no later
4749than 7 days prior to the meeting. A newspaper of general
4750circulation shall be the newspaper that has the largest daily
4751circulation in that county and has its principal office in that
4752county. If the newspaper with the largest daily circulation has
4753its principal office outside the county, the notices shall
4754appear in both the newspaper having the largest circulation in
4755that county and in a newspaper authorized to publish legal
4756notices in that county.
4757     (6)(a)  A good faith effort shall be made by the applicant
4758to provide direct written notice of the filing of an application
4759for certification by United States mail or hand delivery no
4760later than 45 days after filing of the application to all local
4761landowners whose property, as noted in the most recent local
4762government tax records, and residences are located within the
4763following distances of the proposed project:
4764     1.  Three miles of the proposed main site boundaries of the
4765proposed electrical power plant.
4766     2.  One-quarter mile for a transmission line corridor that
4767only includes a transmission line as defined by s. 403.522(22).
4768     3.  For all other linear associated facilities extending
4769away from the main site boundary except for a transmission line
4770corridor that includes a transmission line that operates below
4771those defined by s. 403.522(22).
4772     (b)  No later than 60 days from the filing of an
4773application for certification, the applicant shall file a list
4774with the department's Siting Coordination Office of landowners
4775and residences that were notified.
4776     (7)(a)  A good faith effort shall be made by the proponent
4777of an alternate corridor that includes a transmission line, as
4778defined by s. 403.522(22), to provide direct written notice of
4779the filing of an alternate corridor for certification by United
4780States mail or hand delivery of the filing of no later than 30
4781days after filing of the alternate corridor to all local
4782landowners whose property, as noted in the most recent local
4783government tax records, and residences, are located within one-
4784quarter mile of the proposed boundaries of a transmission line
4785corridor that includes a transmission line as defined by s.
4787     (b)  No later than 45 days from the filing of an alternate
4788corridor for certification, the proponent of an alternate
4789corridor shall file a list with the department's Siting
4790Coordination Office of landowners and residences that were
4792     Section 78.  Paragraph (b) of subsection (1) of section
4793403.516, Florida Statutes, is amended to read:
4794     403.516  Modification of certification.--
4795     (1)  A certification may be modified after issuance in any
4796one of the following ways:
4797     (b)1.  The department may modify specific conditions of a
4798site certification which are inconsistent with the terms of any
4799federally delegated or approved permit for the certified
4800electrical power plant.
4801     2.  Such modification may be made without further notice if
4802the matter has been previously noticed under the requirements
4803for any federally delegated or approved permit program.
4804     Section 79.  Paragraphs (a) and (c) of subsection (1) of
4805section 403.517, Florida Statutes, are amended to read:
4806     403.517  Supplemental applications for sites certified for
4807ultimate site capacity.--
4808     (1)(a)  Supplemental applications may be submitted for
4809certification of the construction and operation of electrical
4810power plants to be located at sites which have been previously
4811certified for an ultimate site capacity pursuant to this act.
4812Supplemental applications shall be limited to electrical power
4813plants using the fuel type previously certified for that site.
4814Such applications shall include all new directly associated
4815facilities that support the construction and operation of the
4816electrical power plant.
4817     (c)  The time limits for the processing of a complete
4818supplemental application shall be designated by the department
4819commensurate with the scope of the supplemental application, but
4820shall not exceed any time limitation governing the review of
4821initial applications for site certification pursuant to this
4822act, it being the legislative intent to provide shorter time
4823limitations for the processing of supplemental applications for
4824electrical power plants to be constructed and operated at sites
4825which have been previously certified for an ultimate site
4827     Section 80.  Subsections (1), (2), and (3) of section
4828403.5175, Florida Statutes, are amended to read:
4829     403.5175  Existing electrical power plant site
4831     (1)  An electric utility that owns or operates an existing
4832electrical power plant as defined in s. 403.503(14)(13) may
4833apply for certification of an existing power plant and its site
4834in order to obtain all agency licenses necessary to ensure
4835compliance with federal or state environmental laws and
4836regulation using the centrally coordinated, one-stop licensing
4837process established by this part. An application for site
4838certification under this section must be in the form prescribed
4839by department rule. Applications must be reviewed and processed
4840using the same procedural steps and notices as for an
4841application for a new facility, except that a determination of
4842need by the Public Service Commission is not required.
4843     (2)  An application for certification under this section
4844must include:
4845     (a)  A description of the site and existing power plant
4846installations and associated facilities;
4847     (b)  A description of all proposed changes or alterations
4848to the site and or electrical power plant, including all new
4849associated facilities that are the subject of the application;
4850     (c)  A description of the environmental and other impacts
4851caused by the existing utilization of the site and directly
4852associated facilities, and the operation of the electrical power
4853plant that is the subject of the application, and of the
4854environmental and other benefits, if any, to be realized as a
4855result of the proposed changes or alterations if certification
4856is approved and such other information as is necessary for the
4857reviewing agencies to evaluate the proposed changes and the
4858expected impacts;
4859     (d)  The justification for the proposed changes or
4861     (e)  Copies of all existing permits, licenses, and
4862compliance plans authorizing utilization of the site and
4863directly associated facilities or operation of the electrical
4864power plant that is the subject of the application.
4865     (3)  The land use and zoning determination requirements of
4866s. 403.50665 do not apply to an application under this section
4867if the applicant does not propose to expand the boundaries of
4868the existing site or to add additional offsite associated
4869facilities that are not exempt from the provisions of s.
4870403.50665. If the applicant proposes to expand the boundaries of
4871the existing site or to add additional offsite associated
4872facilities that are not exempt from the provisions of s.
4873403.50665 to accommodate portions of the electrical generating
4874facility plant or associated facilities, a land use and zoning
4875determination shall be made as specified in s. 403.50665;
4876provided, however, that the sole issue for determination is
4877whether the proposed site expansion or additional nonexempt
4878associated facilities are is consistent and in compliance with
4879the existing land use plans and zoning ordinances.
4880     Section 81.  Section 403.518, Florida Statutes, is amended
4881to read:
4882     403.518  Fees; disposition.--The department shall charge
4883the applicant the following fees, as appropriate, which, unless
4884otherwise specified, shall be paid into the Florida Permit Fee
4885Trust Fund:
4886     (1)  A fee for a notice of intent pursuant to s. 403.5063,
4887in the amount of $2,500, to be submitted to the department at
4888the time of filing of a notice of intent. The notice-of-intent
4889fee shall be used and disbursed in the same manner as the
4890application fee.
4891     (2)  An application fee, which shall not exceed $200,000.
4892The fee shall be fixed by rule on a sliding scale related to the
4893size, type, ultimate site capacity, or increase in electrical
4894generating capacity proposed by the application.
4895     (a)  Sixty percent of the fee shall go to the department to
4896cover any costs associated with coordinating the review and
4897acting upon the application, to cover any field services
4898associated with monitoring construction and operation of the
4899facility, and to cover the costs of the public notices published
4900by the department.
4901     (b)  The following percentages shall be transferred to the
4902Operating Trust Fund of the Division of Administrative Hearings
4903of the Department of Management Services:
4904     1.  Five percent to compensate expenses from the initial
4905exercise of duties associated with the filing of an application.
4906     2.  An additional 5 percent if a land use hearing is held
4907pursuant to s. 403.508.
4908     3.  An additional 10 percent if a certification hearing is
4909held pursuant to s. 403.508.
4910     (c)1.  Upon written request with proper itemized accounting
4911within 90 days after final agency action by the board or
4912department or withdrawal of the application, the agencies that
4913prepared reports pursuant to s. 403.507 or participated in a
4914hearing pursuant to s. 403.508 may submit a written request to
4915the department for reimbursement of expenses incurred during the
4916certification proceedings. The request shall contain an
4917accounting of expenses incurred which may include time spent
4918reviewing the application, preparation of any studies required
4919of the agencies by this act, agency travel and per diem to
4920attend any hearing held pursuant to this act, and for any agency
4921or local government's or regional planning council's provision
4922of notice of public meetings or hearings required as a result of
4923the application for certification. The department shall review
4924the request and verify that the expenses are valid. Valid
4925expenses shall be reimbursed; however, in the event the amount
4926of funds available for reimbursement is insufficient to provide
4927for full compensation to the agencies requesting reimbursement,
4928reimbursement shall be on a prorated basis.
4929     2.  If the application review is held in abeyance for more
4930than 1 year, the agencies may submit a request for
4931reimbursement. This time period shall be measured from the date
4932the applicant has provided written notification to the
4933department that it desires to have the application review
4934process placed on hold. The fee disbursement shall be processed
4935in accordance with subparagraph 1.
4936     (d)  If any sums are remaining, the department shall retain
4937them for its use in the same manner as is otherwise authorized
4938by this act; provided, however, that if the certification
4939application is withdrawn, the remaining sums shall be refunded
4940to the applicant within 90 days after the submittal of the
4941written notification of withdrawal.
4942     (3)(a)  A certification modification fee, which shall not
4943exceed $30,000. The department shall establish rules for
4944determining such a fee based on the number of agencies involved
4945in the review, equipment redesign, change in site size, type,
4946increase in generating capacity proposed, or change in an
4947associated linear facility location.
4948     (b)  The fee shall be submitted to the department with a
4949petition for modification pursuant to s. 403.516. This fee shall
4950be established, disbursed, and processed in the same manner as
4951the application fee in subsection (2), except that the Division
4952of Administrative Hearings shall not receive a portion of the
4953fee unless the petition for certification modification is
4954referred to the Division of Administrative Hearings for hearing.
4955If the petition is so referred, only $10,000 of the fee shall be
4956transferred to the Operating Trust Fund of the Division of
4957Administrative Hearings of the Department of Management
4959     (4)  A supplemental application fee, not to exceed $75,000,
4960to cover all reasonable expenses and costs of the review,
4961processing, and proceedings of a supplemental application. This
4962fee shall be established, disbursed, and processed in the same
4963manner as the certification application fee in subsection (2).
4964     (5)  An existing site certification application fee, not to
4965exceed $200,000, to cover all reasonable costs and expenses of
4966the review processing and proceedings for certification of an
4967existing power plant site under s. 403.5175. This fee must be
4968established, disbursed, and processed in the same manner as the
4969certification application fee in subsection (2).
4970     (6)  An application fee for an alternate corridor filed
4971pursuant to s. 403.5064(4). The application fee shall be $750
4972per mile for each mile of the alternate corridor located within
4973an existing electric transmission line right-of-way or within an
4974existing right-of-way for a road, highway, railroad, or other
4975aboveground linear facility, or $1,000 per mile for each mile of
4976an electric transmission line corridor proposed to be located
4977outside the existing right-of-way.
4978     Section 82.  Paragraphs (a) and (e) of subsection (4) of
4979section 403.519, Florida Statutes, are amended to read:
4980     403.519  Exclusive forum for determination of need.--
4981     (4)  In making its determination on a proposed electrical
4982power plant using nuclear materials or synthesis gas produced by
4983integrated gasification combined cycle power plant as fuel, the
4984commission shall hold a hearing within 90 days after the filing
4985of the petition to determine need and shall issue an order
4986granting or denying the petition within 135 days after the date
4987of the filing of the petition. The commission shall be the sole
4988forum for the determination of this matter and the issues
4989addressed in the petition, which accordingly shall not be
4990reviewed in any other forum, or in the review of proceedings in
4991such other forum. In making its determination to either grant or
4992deny the petition, the commission shall consider the need for
4993electric system reliability and integrity, including fuel
4994diversity, the need for base-load generating capacity, the need
4995for adequate electricity at a reasonable cost, and whether
4996renewable energy sources and technologies, as well as
4997conservation measures, are utilized to the extent reasonably
4999     (a)  The applicant's petition shall include:
5000     1.  A description of the need for the generation capacity.
5001     2.  A description of how the proposed nuclear or integrated
5002gasification combined cycle power plant will enhance the
5003reliability of electric power production within the state by
5004improving the balance of power plant fuel diversity and reducing
5005Florida's dependence on fuel oil and natural gas.
5006     3.  A description of and a nonbinding estimate of the cost
5007of the nuclear or integrated gasification combined cycle power
5008plant, including any costs associated with new, expanded, or
5009relocated electrical transmission lines or facilities of any
5010size that are necessary to serve the nuclear power plant.
5011     4.  The annualized base revenue requirement for the first
501212 months of operation of the nuclear or integrated gasification
5013combined cycle power plant.
5014     5.  Information on whether there were any discussions with
5015any electric utilities regarding ownership of a portion of the
5016nuclear or integrated gasification combined cycle power plant by
5017such electric utilities.
5018     (e)  After a petition for determination of need for a
5019nuclear or integrated gasification combined cycle power plant
5020has been granted, the right of a utility to recover any costs
5021incurred prior to commercial operation, including, but not
5022limited to, costs associated with the siting, design, licensing,
5023or construction of the plant and new, expanded, or relocated
5024electrical transmission lines or facilities of any size that are
5025necessary to serve the nuclear power plant, shall not be subject
5026to challenge unless and only to the extent the commission finds,
5027based on a preponderance of the evidence adduced at a hearing
5028before the commission under s. 120.57, that certain costs were
5029imprudently incurred. Proceeding with the construction of the
5030nuclear or integrated gasification combined cycle power plant
5031following an order by the commission approving the need for the
5032nuclear or integrated gasification combined cycle power plant
5033under this act shall not constitute or be evidence of
5034imprudence. Imprudence shall not include any cost increases due
5035to events beyond the utility's control. Further, a utility's
5036right to recover costs associated with a nuclear or integrated
5037gasification combined cycle power plant may not be raised in any
5038other forum or in the review of proceedings in such other forum.
5039Costs incurred prior to commercial operation shall be recovered
5040pursuant to chapter 366.
5041     Section 83.  Subsection (1) of section 403.5252, Florida
5042Statutes, is amended to read:
5043     403.5252  Determination of completeness.--
5044     (1)(a)  Within 30 days after the filing distribution of an
5045application, the affected agencies shall file a statement with
5046the department containing the recommendations of each agency
5047concerning the completeness of the application for
5049     (b)  Within 37 7 days after the filing receipt of the
5050application completeness statements of each agency, the
5051department shall file a statement with the Division of
5052Administrative Hearings, with the applicant, and with all
5053parties declaring its position with regard to the completeness
5054of the application. The statement of the department shall be
5055based upon its consultation with the affected agencies.
5056     Section 84.  Subsection (1) and paragraph (a) of subsection
5057(2) of section 403.526, Florida Statutes, are amended to read:
5058     403.526  Preliminary statements of issues, reports, and
5059project analyses; studies.--
5060     (1)  Each affected agency that is required to file a report
5061in accordance with this section shall submit a preliminary
5062statement of issues to the department and all parties no later
5063than the submittal of each agency's recommendation that the
5064application is complete 50 days after the filing of the
5065application. Such statements of issues shall be made available
5066to each local government for use as information for public
5067meetings held under s. 403.5272. The failure to raise an issue
5068in this preliminary statement of issues does not preclude the
5069issue from being raised in the agency's report.
5070     (2)(a)  No later than 90 days after the filing of the
5071application, the following agencies shall prepare reports as
5072provided below, unless a final order denying the determination
5073of need has been issued under s. 403.537 and shall submit them
5074to the department and the applicant no later than 90 days after
5075the filing of the application:
5076     1.  The department shall prepare a report as to the impact
5077of each proposed transmission line or corridor as it relates to
5078matters within its jurisdiction.
5079     2.  Each water management district in the jurisdiction of
5080which a proposed transmission line or corridor is to be located
5081shall prepare a report as to the impact on water resources and
5082other matters within its jurisdiction.
5083     3.  The Department of Community Affairs shall prepare a
5084report containing recommendations which address the impact upon
5085the public of the proposed transmission line or corridor, based
5086on the degree to which the proposed transmission line or
5087corridor is consistent with the applicable portions of the state
5088comprehensive plan, emergency management, and other matters
5089within its jurisdiction. The Department of Community Affairs may
5090also comment on the consistency of the proposed transmission
5091line or corridor with applicable strategic regional policy plans
5092or local comprehensive plans and land development regulations.
5093     4.  The Fish and Wildlife Conservation Commission shall
5094prepare a report as to the impact of each proposed transmission
5095line or corridor on fish and wildlife resources and other
5096matters within its jurisdiction.
5097     5.  Each local government shall prepare a report as to the
5098impact of each proposed transmission line or corridor on matters
5099within its jurisdiction, including the consistency of the
5100proposed transmission line or corridor with all applicable local
5101ordinances, regulations, standards, or criteria that apply to
5102the proposed transmission line or corridor, including local
5103comprehensive plans, zoning regulations, land development
5104regulations, and any applicable local environmental regulations
5105adopted pursuant to s. 403.182 or by other means. A change by
5106the responsible local government or local agency in local
5107comprehensive plans, zoning ordinances, or other regulations
5108made after the date required for the filing of the local
5109government's report required by this section is not applicable
5110to the certification of the proposed transmission line or
5111corridor unless the certification is denied or the application
5112is withdrawn.
5113     6.  Each regional planning council shall present a report
5114containing recommendations that address the impact upon the
5115public of the proposed transmission line or corridor based on
5116the degree to which the transmission line or corridor is
5117consistent with the applicable provisions of the strategic
5118regional policy plan adopted under chapter 186 and other impacts
5119of each proposed transmission line or corridor on matters within
5120its jurisdiction.
5121     7.  The Department of Transportation shall prepare a report
5122as to the impact of the proposed transmission line or corridor
5123on state roads, railroads, airports, aeronautics, seaports, and
5124other matters within its jurisdiction.
5125     8.  The commission shall prepare a report containing its
5126determination under s. 403.537, and the report may include the
5127comments from the commission with respect to any other subject
5128within its jurisdiction.
5129     9.  Any other agency, if requested by the department, shall
5130also perform studies or prepare reports as to subjects within
5131the jurisdiction of the agency which may potentially be affected
5132by the proposed transmission line.
5133     Section 85.  Subsection (4) and paragraph (a) of subsection
5134(6) of section 403.527, Florida Statutes, are amended to read:
5135     403.527  Certification hearing, parties, participants.--
5136     (4)(a)  One public hearing where members of the public who
5137are not parties to the certification hearing may testify shall
5138be held in conjunction with the certification hearing within the
5139boundaries of each county, at the option of any local
5141     (b)  Upon the request of the local government, one public
5142hearing where members of the public who are not parties to the
5143certification hearing and who reside within the jurisdiction of
5144the local government may testify shall be held within the
5145boundaries of each county in which a local government that made
5146such a request is located.
5147     (c)(a)  A local government shall notify the administrative
5148law judge and all parties not later than 50 21 days after the
5149filing of the application has been determined complete as to
5150whether the local government wishes to have a public hearing
5151within the boundaries of its county. If a filing for an
5152alternate corridor is accepted for consideration under s.
5153403.5271(1) by the department and the applicant, any newly
5154affected local government must notify the administrative law
5155judge and all parties not later than 10 days after the data
5156concerning the alternate corridor has been determined complete
5157as to whether the local government wishes to have such a public
5158hearing. The local government is responsible for providing the
5159location of the public hearing if held separately from the
5160certification hearing.
5161     (d)(b)  Within 5 days after notification, the
5162administrative law judge shall determine the date of the public
5163hearing, which shall be held before or during the certification
5164hearing. If two or more local governments within one county
5165request a public hearing, the hearing shall be consolidated so
5166that only one public hearing is held in any county. The location
5167of a consolidated hearing shall be determined by the
5168administrative law judge.
5169     (e)(c)  If a local government does not request a public
5170hearing within 50 21 days after the filing of the application
5171has been determined complete, members of the public who are not
5172parties to the certification hearing and who reside persons
5173residing within the jurisdiction of the local government may
5174testify during the that portion of the certification hearing
5175held under paragraph (b) at which public testimony is heard.
5176     (6)(a)  No later than 29 25 days before the certification
5177hearing, the department or the applicant may request that the
5178administrative law judge cancel the certification hearing and
5179relinquish jurisdiction to the department if all parties to the
5180proceeding stipulate that there are no disputed issues of
5181material fact or law to be raised at the certification hearing.
5182     Section 86.  Paragraphs (b), (c), and (e) of subsection (1)
5183of section 403.5271, Florida Statutes, are amended to read:
5184     403.5271  Alternate corridors.--
5185     (1)  No later than 45 days before the originally scheduled
5186certification hearing, any party may propose alternate
5187transmission line corridor routes for consideration under the
5188provisions of this act.
5189     (b)1.  Within 7 days after receipt of the notice, the
5190applicant and the department shall file with the administrative
5191law judge and all parties a notice of acceptance or rejection of
5192a proposed alternate corridor for consideration. If the
5193alternate corridor is rejected by the applicant or the
5194department, the certification hearing and the public hearings
5195shall be held as scheduled. If both the applicant and the
5196department accept a proposed alternate corridor for
5197consideration, the certification hearing and the public hearings
5198shall be rescheduled, if necessary. If a filing for an alternate
5199corridor is accepted for consideration by the department and the
5200applicant, any newly affected local government must notify the
5201administrative law judge and all parties not later than 10 days
5202after the data concerning the alternate corridor has been
5203determined complete as to whether the local government wishes to
5204have such a public hearing. The local government is responsible
5205for providing the location of the public hearing if held
5206separately from the certification hearing. The provisions of s.
5207403.527(4)(b) and (c) shall apply. Notice of the local hearings
5208shall be published in accordance with s. 403.5363.
5209     2.  If rescheduled, the certification hearing shall be held
5210no more than 90 days after the previously scheduled
5211certification hearing, unless the data submitted under paragraph
5212(d) is determined to be incomplete, in which case the
5213rescheduled certification hearing shall be held no more than 105
5214days after the previously scheduled certification hearing. If
5215additional time is needed due to the alternate corridor crossing
5216a local government jurisdiction that was not previously
5217affected, the remainder of the schedule listed below shall be
5218appropriately adjusted by the administrative law judge to allow
5219that local government to prepare a report pursuant to s.
5220403.526(2)(a)5. Notice that the certification hearing has been
5221deferred due to the acceptance of the alternate corridor shall
5222be published in accordance with s. 403.5363.
5223     (c)  Notice of the filing of the alternate corridor, of the
5224revised time schedules, of the deadline for newly affected
5225persons and agencies to file notice of intent to become a party,
5226of the rescheduled hearing date, and of the proceedings shall be
5227published by the alternate proponent in accordance with s.
5228403.5363(2). If the notice is not timely published or does not
5229meet the notice requirements, the alternate shall be deemed
5231     (e)1.  Reviewing agencies shall advise the department of
5232any issues concerning completeness no later than 15 days after
5233the submittal of the data required by paragraph (d). Within 22
5234days after receipt of the data, the department shall issue a
5235determination of completeness.
5236     2.  If the department determines that the data required by
5237paragraph (d) is not complete, the party proposing the alternate
5238corridor must file such additional data to correct the
5239incompleteness. This additional data must be submitted within 14
5240days after the determination by the department.
5241     3.  Reviewing agencies may advise the department of any
5242issues concerning completeness of the additional data within 10
5243days after the filing by the party proposing the alternate
5244corridor. If the department, within 14 days after receiving the
5245additional data, determines that the data remains incomplete,
5246the incompleteness of the data is deemed a withdrawal of the
5247proposed alternate corridor. The department may make its
5248determination based on recommendations made by other affected
5250     Section 87.  Subsection (3) of section 403.5272, Florida
5251Statutes, is amended to read:
5252     403.5272  Informational public meetings.--
5253     (3)  A local government or regional planning council that
5254intends to conduct an informational public meeting must provide
5255notice of the meeting, with notice sent to all parties listed in
5256s. 403.527(2)(a), not less than 15 5 days before the meeting and
5257to the general public in accordance with s. 403.5363(4).
5258     Section 88.  Subsection (1) of section 403.5312, Florida
5259Statutes, is amended to read:
5260     403.5312  Filing of notice of certified corridor route.--
5261     (1)  Within 60 days after certification of a directly
5262associated transmission line under ss. 403.501-403.518 or a
5263transmission line corridor under ss. 403.52-403.5365, the
5264applicant shall file with the department and, in accordance with
5265s. 28.222, with the clerk of the circuit court for each county
5266through which the corridor will pass, a notice of the certified
5268     Section 89.  Section 403.5363, Florida Statutes, is amended
5269to read:
5270     403.5363  Public notices; requirements.--
5271     (1)(a)  The applicant shall arrange for the publication of
5272the notices specified in paragraph (b).
5273     1.  The notices shall be published in newspapers of general
5274circulation within counties crossed by the transmission line
5275corridors proper for certification. The required newspaper
5276notices for filing of an application and for the certification
5277hearing shall be one-half page in size in a standard-size
5278newspaper or a full page in a tabloid-size newspaper and
5279published in a section of the newspaper other than the section
5280for legal notices. These two notices must include a map
5281generally depicting all transmission corridors proper for
5282certification. A newspaper of general circulation shall be the
5283newspaper within a county crossed by a transmission line
5284corridor proper for certification which newspaper has the
5285largest daily circulation in that county and has its principal
5286office in that county. If the newspaper having the largest daily
5287circulation has its principal office outside the county, the
5288notices must appear in both the newspaper having the largest
5289circulation in that county and in a newspaper authorized to
5290publish legal notices in that county.
5291     2.  The department shall adopt rules specifying the content
5292of the newspaper notices.
5293     3.  All notices published by the applicant shall be paid
5294for by the applicant and shall be in addition to the application
5296     (b)  Public notices that must be published under this
5297section include:
5298     1.  The notice of the filing of an application, which must
5299include a description of the proceedings required by this act.
5300The notice must describe the provisions of s. 403.531(1) and (2)
5301and give the date by which notice of intent to be a party or a
5302petition to intervene in accordance with s. 403.527(2) must be
5303filed. This notice must be published no more than 21 days after
5304the application is filed. The notice shall, at a minimum, be
5305one-half page in size in a standard-size newspaper or a full
5306page in a tabloid-size newspaper. The notice must include a map
5307generally depicting all transmission corridors proper for
5309     2.  The notice of the certification hearing and any other
5310public hearing held permitted under s. 403.527(4). The notice
5311must include the date by which a person wishing to appear as a
5312party must file the notice to do so. The notice of the
5313originally scheduled certification hearing must be published at
5314least 65 days before the date set for the certification hearing.
5315The notice shall meet the size and map requirements set forth in
5316subparagraph 1.
5317     3.  The notice of the cancellation of the certification
5318hearing under s. 403.527(6), if applicable. The notice must be
5319published at least 3 days before the date of the originally
5320scheduled certification hearing. The notice shall, at a minimum,
5321be one-fourth page in size in a standard-size newspaper or one-
5322half page in a tabloid-size newspaper. The notice shall not
5323require a map to be included.
5324     4.  The notice of the deferment of the certification
5325hearing due to the acceptance of an alternate corridor under s.
5326403.5272(1)(b)2. The notice must be published at least 7 days
5327before the date of the originally scheduled certification
5328hearing. The notice shall, at a minimum, be one-eighth page in
5329size in a standard-size newspaper or one-fourth page in a
5330tabloid-size newspaper. The notice shall not require a map to be
5332     5.  If the notice of the rescheduled certification hearing
5333required of an alternate proponent under s. 403.5271(1)(c) is
5334not timely published or does not meet the notice requirements
5335such that an alternate corridor is withdrawn under the
5336provisions of s. 403.5271(1)(c), the notice of the rescheduled
5337hearing and any local hearings shall be provided by the
5338applicant at least 30 days prior to the rescheduled
5339certification hearing.
5340     6.4.  The notice of the filing of a proposal to modify the
5341certification submitted under s. 403.5315, if the department
5342determines that the modification would require relocation or
5343expansion of the transmission line right-of-way or a certified
5345     (2)(a)  Each The proponent of an alternate corridor shall
5346arrange for newspaper notice of the publication of the filing of
5347the proposal for an alternate corridor. If there is more than
5348one alternate proponent, the proponents may jointly publish
5349notice, so long as the content requirements below are met and
5350the maps are legible.
5351     (b)  The notice shall specify, the revised time schedules,
5352the date by which newly affected persons or agencies may file
5353the notice of intent to become a party, and the date of the
5354rescheduled hearing, and the date of any public hearing held
5355under s. 403.5271(1)(b)1.
5356     (c)  A notice listed in this subsection must be published
5357in a newspaper of general circulation within the county or
5358counties crossed by the proposed alternate corridor and comply
5359with the content, size, and map requirements set forth in this
5360section paragraph (1)(a).
5361     (d)  The notice of the alternate corridor proposal must be
5362published not less than 45 50 days before the rescheduled
5363certification hearing.
5364     (3)  The department shall arrange for the publication of
5365the following notices in the manner specified by chapter 120:
5366     (a)  The notice of the filing of an application and the
5367date by which a person intending to become a party must file a
5368petition to intervene or a notice of intent to be a party. The
5369notice must be published no later than 21 days after the
5370application has been filed.
5371     (b)  The notice of any administrative hearing for
5372certification, if applicable. The notice must be published not
5373less than 65 days before the date set for a hearing, except that
5374notice for a rescheduled certification hearing after acceptance
5375of an alternative corridor must be published not less than 50
5376days before the date set for the hearing.
5377     (c)  The notice of the cancellation of a certification
5378hearing under s. 403.527(6), if applicable. The notice must be
5379published not later than 7 days before the date of the
5380originally scheduled certification hearing.
5381     (d)  The notice of the deferment of the certification
5382hearing due to the acceptance of an alternate corridor under s.
5383403.5271(1)(b)2. The notice must be published at least 7 days
5384before the date of the originally scheduled certification
5386     (e)(d)  The notice of the hearing before the siting board,
5387if applicable.
5388     (f)(e)  The notice of stipulations, proposed agency action,
5389or a petition for modification.
5390     (4)  A local government or regional planning council that
5391proposes to conduct an informational public meeting pursuant to
5392s. 403.5272 must publish notice of the meeting in a newspaper of
5393general circulation within the county or counties in which the
5394proposed electrical transmission line will be located no later
5395than 7 days prior to the meeting. A newspaper of general
5396circulation shall be the newspaper that has the largest daily
5397circulation in that county and has its principal office in that
5398county. If the newspaper with the largest daily circulation has
5399its principal office outside the county, the notices shall
5400appear in both the newspaper having the largest circulation in
5401that county and in a newspaper authorized to publish legal
5402notices in that county.
5403     (5)(a)  A good faith effort shall be made by the applicant
5404to provide direct notice of the filing of an application for
5405certification by United States mail or hand delivery no later
5406than 45 days after filing of the application to all local
5407landowners whose property, as noted in the most recent local
5408government tax records, and residences are located within one-
5409quarter mile of the proposed boundaries of a transmission line
5410corridor that only includes a transmission line as defined by s.
5412     (b)  No later than 60 days after the filing of an
5413application for certification, the applicant shall file a list
5414with the department's Siting Coordination Office of landowners
5415and residences that were notified.
5416     (6)(a)  A good faith effort shall be made by the proponent
5417of an alternate corridor that includes a transmission line, as
5418defined by s. 403.522(22), to provide direct notice of the
5419filing of an alternate corridor for certification by United
5420States mail or hand delivery of the filing no later than 30 days
5421after filing of the alternate corridor to all local landowners
5422whose property, as noted in the most recent local government tax
5423records, and residences are located within one-quarter mile of
5424the proposed boundaries of a transmission line corridor that
5425includes a transmission line as defined by s. 403.522(22).
5426     (b)  No later than 45 days after the filing of an alternate
5427corridor for certification, the proponent of an alternate
5428corridor shall file a list with the department's Siting
5429Coordination Office of landowners and residences that were
5431     Section 90.  Paragraphs (d) and (e) of subsection (1) of
5432section 403.5365, Florida Statutes, are amended to read:
5433     403.5365  Fees; disposition.--The department shall charge
5434the applicant the following fees, as appropriate, which, unless
5435otherwise specified, shall be paid into the Florida Permit Fee
5436Trust Fund:
5437     (1)  An application fee.
5438     (d)1.  Upon written request with proper itemized accounting
5439within 90 days after final agency action by the siting board or
5440the department or the written notification of the withdrawal of
5441the application, the agencies that prepared reports under s.
5442403.526 or s. 403.5271 or participated in a hearing under s.
5443403.527 or s. 403.5271 may submit a written request to the
5444department for reimbursement of expenses incurred during the
5445certification proceedings. The request must contain an
5446accounting of expenses incurred, which may include time spent
5447reviewing the application, preparation of any studies required
5448of the agencies by this act, agency travel and per diem to
5449attend any hearing held under this act, and for the local
5450government or regional planning council providing additional
5451notice of the informational public meeting. The department shall
5452review the request and verify whether a claimed expense is
5453valid. Valid expenses shall be reimbursed; however, if the
5454amount of funds available for reimbursement is insufficient to
5455provide for full compensation to the agencies, reimbursement
5456shall be on a prorated basis.
5457     2.  If the application review is held in abeyance for more
5458than 1 year, the agencies may submit a request for reimbursement
5459under subparagraph 1. This time period shall be measured from
5460the date the applicant has provided written notification to the
5461department that it desires to have the application review
5462process placed on hold. The fee disbursement shall be processed
5463in accordance with subparagraph 1.
5464     (e)  If any sums are remaining, the department shall retain
5465them for its use in the same manner as is otherwise authorized
5466by this section; however, if the certification application is
5467withdrawn, the remaining sums shall be refunded to the applicant
5468within 90 days after submittal of the written notification of
5470     Section 91.  Section 403.7055, Florida Statutes, is created
5471to read:
5472     403.7055  Methane capture.--
5473     (1)  Each county is encouraged to form multicounty regional
5474solutions to the capture and reuse or sale of methane gas from
5475landfills and wastewater treatment facilities.
5476     (2)  The department shall provide planning guidelines and
5477technical assistance to each county to develop and implement
5478such multicounty efforts.
5479     Section 92. Section 403.7032, Florida Statutes, is created
5480to read
5481     403.7032  Recycling.--
5482     (1)  The Legislature finds that the failure or inability to
5483economically recover material and energy resources from solid
5484waste results in the unnecessary waste and depletion of our
5485natural resources. As the state continues to grow, so will the
5486potential amount of discarded material that must be treated and
5487disposed of, necessitating the improvement of solid waste
5488collection and disposal. Therefore, the maximum recycling and
5489reuse of such resources are considered high-priority goals of
5490the state.
5491     (2)  By the year 2020, the long-term goal for the recycling
5492efforts of state and local governmental entities, private
5493companies and organizations, and the general public is to reduce
5494the amount of recyclable solid waste disposed of in waste
5495management facilities, landfills, or incineration facilities by
5496a statewide average of at least 75 percent. However, any solid
5497waste used for the production of renewable energy shall count
5498toward the long term recycling goal as set forth in this
5500     (3)  The Department of Environmental Protection shall
5501develop a comprehensive recycling program that is designed to
5502achieve the percentage under subsection (2) and submit the
5503program to the President of the Senate and the Speaker of the
5504House of Representatives by January 1, 2010. The program may not
5505be implemented until approved by the Legislature. The program
5506must be developed in coordination with input from state and
5507local entities, private businesses, and the public. Under the
5508program, recyclable materials shall include, but are not limited
5509to, metals, paper, glass, plastic, textile, rubber materials,
5510and mulch. Components of the program shall include, but are not
5511limited to:
5512     (a)  Programs to identify environmentally preferable
5513purchasing practices to encourage the purchase of recycled,
5514durable, and less toxic goods.
5515     (b)  Programs to educate students in grades K-12 in the
5516benefits of, and proper techniques for, recycling.
5517     (c)  Programs for statewide recognition of successful
5518recycling efforts by schools, businesses, public groups, and
5519private citizens.
5520     (d)  Programs for municipalities and counties to develop
5521and implement efficient recycling efforts to return valuable
5522materials to productive use, conserve energy, and protect
5523natural resources.
5524     (e)  Programs by which the department can provide technical
5525assistance to municipalities and counties in support of their
5526recycling efforts.
5527     (f)  Programs to educate and train the public in proper
5528recycling efforts;
5529     (g)  Evaluation of how financial assistance can best be
5530provided to municipalities and counties in support of their
5531recycling efforts.
5532     (h)  Evaluation of why existing waste management and
5533recycling programs in the state have not been better used.
5534     Section 93.  Section 403.7033, Florida Statutes, is created
5535to read:
5536     403.7033  Departmental analysis of particular recyclable
5537materials.--The Legislature finds that prudent regulation of
5538recyclable materials is crucial to the ongoing welfare of
5539Florida's ecology and economy. As such, the Department of
5540Environmental Protection shall undertake an analysis of the need
5541for new or different regulation of auxiliary containers,
5542wrappings, or disposable plastic bags used by consumers to carry
5543products from retail establishments. The analysis shall include
5544input from state and local government agencies, stakeholders,
5545private businesses, and citizens, and shall evaluate the
5546efficacy and necessity of both statewide and local regulation of
5547these materials. To ensure consistent and effective
5548implementation, the department shall submit a report with
5549conclusions and recommendations to the Legislature no later than
5550February 1, 2010. Until such time that the Legislature adopts
5551the recommendations of the department, no local government,
5552local governmental agency, or state government agency may enact
5553any rule, regulation, or ordinance regarding use, disposition,
5554sale, prohibition, restriction, or tax of such auxiliary
5555containers, wrappings, or disposable plastic bags.
5556      Section 94. 403.706  Local government solid waste
5558(2)(a)  Each county shall implement a recyclable materials
5559recycling program. Counties and municipalities are encouraged to
5560form cooperative arrangements for implementing recycling
5562(b)  Such programs shall be designed to recover a
5563significant portion of at least four of the following materials
5564from the solid waste stream prior to final disposal at a solid
5565waste disposal facility and to offer these materials for
5566recycling: newspaper, aluminum cans, steel cans, glass, plastic
5567bottles, cardboard, office paper, and yard trash. Local
5568governments which operate permitted waste-to-energy facilities
5569may retrieve ferrous and nonferrous metal as a byproduct of
5571(c)  Local governments are encouraged to separate all
5572plastics, metal, and all grades of paper for recycling prior to
5573final disposal and are further encouraged to recycle yard trash
5574and other mechanically treated solid waste into compost
5575available for agricultural and other acceptable uses.
5576(d)  By July 1, 2010, each county shall develop and
5577implement a plan to achieve a goal to compost is encouraged to
5578consider plans for composting or mulching of organic materials
5579that would otherwise be disposed of in a landfill. The goal
5580shall provide that up to 10 percent and no less than 5 percent
5581of organic material would be composted within the county and the
5582municipalities within its boundaries. The department may reduce
5583or modify the compost goal if the county demonstrates to the
5584department that achievement of the goal would be impractical
5585given the county's unique demographic, urban density, or
5586inability to separate normally compostable material from the
5587solid waste stream. The composting plan is or mulching plans are
5588encouraged to address partnership with the private sector.
5589(e)  Each county is encouraged to consider plans for  
5590mulching organic materials that would otherwise be disposed of
5591in a landfill. The mulching plans are encouraged to address
5592partnership with the private sector.
5593     Section 95.  Subsection (6) of section 403.814, Florida
5594Statutes, is amended to read:
5595     403.814  General permits; delegation.--
5596     (6)  Construction and maintenance of electric transmission
5597or distribution lines in wetlands by electric utilities, as
5598defined in s. 366.02, shall be authorized by general permit
5599provided the following provisions are implemented:
5600     (a)  All permanent fill shall be at grade. Fill shall be
5601limited to that necessary for the electrical support structures,
5602towers, poles, guy wires, stabilizing backfill, and at-grade
5603access roads limited to 20-foot widths; and
5604     (b)  The permittee may utilize access and work areas
5605limited to the following: a linear access area of up to 25 feet
5606wide between electrical support structures, an access area of up
5607to 25 feet wide to electrical support structures from the edge
5608of the right-of-way, and a work area around the electrical
5609support structures, towers, poles, and guy wires. These areas
5610may be cleared to ground, including removal of stumps as
5611necessary; and
5612     (c)  Vegetation within wetlands may be cut or removed no
5613lower than the soil surface under the conductor, and 20 feet to
5614either side of the outermost conductor, while maintaining the
5615remainder of the project right-of-way within the wetland by
5616selectively clearing vegetation which has an expected mature
5617height above 14 feet. Brazilian pepper, Australian pine, and
5618melaleuca shall be eradicated throughout the wetland portion of
5619the right-of-way; and
5620     (d)  Erosion control methods shall be implemented as
5621necessary to ensure that state water quality standards for
5622turbidity are met. Diversion and impoundment of surface waters
5623shall be minimized; and
5624     (e)  The proposed construction and clearing shall not
5625adversely affect threatened and endangered species; and
5626     (f)  The proposed construction and clearing shall not
5627result in a permanent change in existing ground surface
5628elevation; and
5629     (g)  Where fill is placed in wetlands, the clearing to
5630ground of forested wetlands is restricted to 4.0 acres per 10-
5631mile section of the project, with no more than one impact site
5632exceeding 0.5 acres. The impact site which exceeds 0.5 acres
5633shall not exceed 2.0 acres. The total forested wetland clearing
5634to the ground per 10-mile section shall not exceed 15 acres. The
563510-mile sections shall be measured from the beginning to the
5636terminus, or vice versa, and the section shall not end in a
5637wetland; and
5638     (h)  The general permit authorized by this subsection shall
5639not apply in forested wetlands located within 550 feet from the
5640shoreline of a named water body designated as an Outstanding
5641Florida Water; and
5642     (i)  This subsection also applies to transmission lines and
5643appurtenances certified under part II of this chapter. However,
5644the criteria of the general permit shall not affect the
5645authority of the siting board to condition certification of
5646transmission lines as authorized under part II of this chapter.
5648Maintenance of existing electric lines and clearing of
5649vegetation in wetlands conducted without the placement of
5650structures in wetlands or other dredge and fill activities does
5651not require an individual or general construction permit. For
5652the purpose of this subsection, wetlands shall mean the landward
5653extent of waters of the state regulated under s. 403.927 ss.
5654403.91-403.929 and isolated and nonisolated wetlands regulated
5655under part IV of chapter 373. The provisions provided in this
5656subsection apply to the permitting requirements of the
5657department, any water management district, and any local
5658government implementing part IV of chapter 373 or part VIII of
5659this chapter.
5660     Section 96.  Section 489.145, Florida Statutes, is amended
5661to read:
5662     489.145  Guaranteed energy, water, and wastewater
5663performance savings contracting.--
5664     (1)  SHORT TITLE.--This section may be cited as the
5665"Guaranteed Energy, Water, and Wastewater Performance Savings
5666Contracting Act."
5667     (2)  LEGISLATIVE FINDINGS.--The Legislature finds that
5668investment in energy, water, and wastewater efficiency and
5669conservation measures in agency facilities can reduce the amount
5670of energy and water consumed and wastewater produced and produce
5671immediate and long-term savings. It is the policy of this state
5672to encourage each agency agencies to invest in energy, water,
5673and wastewater efficiency and conservation measures that reduce
5674energy consumption, produce a cost savings for the agency, and
5675improve the quality of indoor air in public facilities and to
5676operate, maintain, and, when economically feasible, build or
5677renovate existing agency facilities in such a manner as to
5678minimize energy and water consumption and wastewater production
5679and maximize energy, water, and wastewater savings. It is
5680further the policy of this state to encourage agencies to
5681reinvest any energy savings resulting from energy, water, and
5682wastewater efficiency and conservation measures in additional
5683energy, water, and wastewater efficiency and conservation
5684measures efforts.
5685     (3)  DEFINITIONS.--As used in this section, the term:
5686     (a)  "Agency" means the state, a municipality, or a
5687political subdivision.
5688     (b)  "Energy, water, and wastewater efficiency and
5689conservation measure" means a training program incidental to the
5690contract, facility alteration, or equipment purchase to be used
5691in new construction, including an addition to an existing
5692facilities or infrastructure facility, which reduces energy or
5693water consumption, wastewater production, or energy-related
5694operating costs and includes, but is not limited to:
5695     1.  Insulation of the facility structure and systems within
5696the facility.
5697     2.  Storm windows and doors, caulking or weatherstripping,
5698multiglazed windows and doors, heat-absorbing, or heat-
5699reflective, glazed and coated window and door systems,
5700additional glazing, reductions in glass area, and other window
5701and door system modifications that reduce energy consumption.
5702     3.  Automatic energy control systems.
5703     4.  Heating, ventilating, or air-conditioning system
5704modifications or replacements.
5705     5.  Replacement or modifications of lighting fixtures to
5706increase the energy efficiency of the lighting system, which, at
5707a minimum, must conform to the applicable state or local
5708building code.
5709     6.  Energy recovery systems.
5710     7.  Cogeneration systems that produce steam or forms of
5711energy such as heat, as well as electricity, for use primarily
5712within a facility or complex of facilities.
5713     8.  Energy conservation measures that reduce British
5714thermal units (Btu), kilowatts (kW), or kilowatt hours (kWh)
5715consumed or provide long-term operating cost reductions or
5716significantly reduce Btu consumed.
5717     9.  Renewable energy systems, such as solar, biomass, or
5718wind systems.
5719     10.  Devices that reduce water consumption or sewer
5721     11.  Energy storage systems, such as fuel cells and thermal
5723     12.  Energy-generating generating technologies, such as
5725     13.  Any other repair, replacement, or upgrade of existing
5727     (c)  "Energy, water, or wastewater cost savings" means a
5728measured reduction in the cost of fuel, energy or water
5729consumption, wastewater production, and stipulated operation and
5730maintenance created from the implementation of one or more
5731energy, water, or wastewater efficiency or conservation measures
5732when compared with an established baseline for the previous cost
5733of fuel, energy or water consumption, wastewater production, and
5734stipulated operation and maintenance.
5735     (d)  "Guaranteed energy, water, and wastewater performance
5736savings contract" means a contract for the evaluation,
5737recommendation, and implementation of energy, water, or
5738wastewater efficiency or conservation measures, which, at a
5739minimum, shall include:
5740     1.  The design and installation of equipment to implement
5741one or more of such measures and, if applicable, operation and
5742maintenance of such measures.
5743     2.  The amount of any actual annual savings that meet or
5744exceed total annual contract payments made by the agency for the
5745contract and may include allowable cost avoidance if determined
5746appropriate by the Chief Financial Officer.
5747     3.  The finance charges incurred by the agency over the
5748life of the contract.
5749     (e)  "Guaranteed energy, water, and wastewater performance
5750savings contractor" means a person or business that is licensed
5751under chapter 471, chapter 481, or this chapter, and is
5752experienced in the analysis, design, implementation, or
5753installation of energy, water, and wastewater efficiency and
5754conservation measures through energy performance contracts.
5755     (f)  "Investment grade energy audit" means a detailed
5756energy, water, and wastewater audit, along with an accompanying
5757analysis of proposed energy, water, and wastewater conservation
5758measures, and their costs, savings, and benefits prior to entry
5759into an energy savings contract.
5760     (4)  PROCEDURES.--
5761     (a)  An agency may enter into a guaranteed energy, water,
5762and wastewater performance savings contract with a guaranteed
5763energy, water, and wastewater performance savings contractor to
5764significantly reduce energy or water consumption, wastewater
5765production, or energy-related operating costs of an agency
5766facility through one or more energy, water, or wastewater
5767efficiency or conservation measures.
5768     (b)  Before design and installation of energy, water, or
5769wastewater efficiency and conservation measures, the agency must
5770obtain from a guaranteed energy, water, and wastewater
5771performance savings contractor a report that summarizes the
5772costs associated with the energy, water, or wastewater
5773efficiency and conservation measures or energy-related
5774operational cost saving measures and provides an estimate of the
5775amount of the energy cost savings. The agency and the guaranteed
5776energy, water, and wastewater performance savings contractor may
5777enter into a separate agreement to pay for costs associated with
5778the preparation and delivery of the report; however, payment to
5779the contractor shall be contingent upon the report's projection
5780of energy, water, and wastewater cost savings being equal to or
5781greater than the total projected costs of the design and
5782installation of the report's energy conservation measures.
5783     (c)  The agency may enter into a guaranteed energy, water,
5784and wastewater performance savings contract with a guaranteed
5785energy, water, and wastewater performance savings contractor if
5786the agency finds that the amount the agency would spend on the
5787energy, water, and wastewater efficiency and conservation
5788measures will not likely exceed the amount of the energy cost
5789savings for up to 20 years from the date of installation, based
5790on the life cycle cost calculations provided in s. 255.255, if
5791the recommendations in the report were followed and if the
5792qualified provider or providers give a written guarantee that
5793the energy cost savings will meet or exceed the costs of the
5794system. However, actual computed cost savings must meet or
5795exceed the estimated cost savings provided in each agency's
5796program approval. Baseline adjustments used in calculations must
5797be specified in the contract. The contract may provide for
5798installment payments for a period not to exceed 20 years.
5799     (d)  A guaranteed energy, water, and wastewater performance
5800savings contractor must be selected in compliance with s.
5801287.055; except that if fewer than three firms are qualified to
5802perform the required services, the requirement for agency
5803selection of three firms, as provided in s. 287.055(4)(b), and
5804the bid requirements of s. 287.057 do not apply.
5805     (e)  Before entering into a guaranteed energy, water, and
5806wastewater performance savings contract, an agency must provide
5807published notice of the meeting in which it proposes to award
5808the contract, the names of the parties to the proposed contract,
5809and the contract's purpose.
5810     (f)  A guaranteed energy, water, and wastewater performance
5811savings contract may provide for financing, including tax-exempt
5812financing, by a third party. The contract for third-party third
5813party financing may be separate from the energy, water, and
5814wastewater performance contract. A separate contract for third-
5815party third party financing under this paragraph must include a
5816provision that the third-party third party financier must not be
5817granted rights or privileges that exceed the rights and
5818privileges available to the guaranteed energy, water, and
5819wastewater performance savings contractor.
5820     (g)  Financing for guaranteed energy, water, and wastewater
5821performance savings contracts may be provided under the
5822authority of s. 287.064.
5823     (h)  The Office of the Chief Financial Officer shall review
5824proposals from state agencies to ensure that the most effective
5825financing is being used.
5826     (i)  Annually, the agency that has entered into the
5827contract shall provide the Department of Management Services and
5828the Chief Financial Officer the measurement and verification
5829report required by the contract to validate that savings have
5831     (j)(g)  In determining the amount the agency will finance
5832to acquire the energy, water, and wastewater efficiency and
5833conservation measures, the agency may reduce such amount by the
5834application of any grant moneys, rebates, or capital funding
5835available to the agency for the purpose of buying down the cost
5836of the guaranteed energy, water, and wastewater performance
5837savings contract. However, in calculating the life cycle cost as
5838required in paragraph (c), the agency shall not apply any
5839grants, rebates, or capital funding.
5840     (5)  CONTRACT PROVISIONS.--
5841     (a)  A guaranteed energy, water, and wastewater performance
5842savings contract must include a written guarantee that may
5843include, but is not limited to the form of, a letter of credit,
5844insurance policy, or corporate guarantee by the guaranteed
5845energy, water, and wastewater performance savings contractor
5846that annual energy cost savings will meet or exceed the
5847amortized cost of energy, water, and wastewater efficiency and
5848conservation measures.
5849     (b)  The guaranteed energy, water, and wastewater
5850performance savings contract must provide that all payments,
5851except obligations on termination of the contract before its
5852expiration, may be made over time, but not to exceed 20 years
5853from the date of complete installation and acceptance by the
5854agency, and that the annual savings are guaranteed to the extent
5855necessary to make annual payments to satisfy the guaranteed
5856energy, water, and wastewater performance savings contract.
5857     (c)  The guaranteed energy, water, and wastewater
5858performance savings contract must require that the guaranteed
5859energy, water, and wastewater performance savings contractor to
5860whom the contract is awarded provide a 100-percent public
5861construction bond to the agency for its faithful performance, as
5862required by s. 255.05.
5863     (d)  The guaranteed energy, water, and wastewater
5864performance savings contract may contain a provision allocating
5865to the parties to the contract any annual energy cost savings
5866that exceed the amount of the energy cost savings guaranteed in
5867the contract.
5868     (e)  The guaranteed energy, water, and wastewater
5869performance savings contract shall require the guaranteed
5870energy, water, and wastewater performance savings contractor to
5871provide to the agency an annual reconciliation of the guaranteed
5872energy or associated cost savings. If the reconciliation reveals
5873a shortfall in annual energy or associated cost savings, the
5874guaranteed energy, water, and wastewater performance savings
5875contractor is liable for such shortfall. If the reconciliation
5876reveals an excess in annual energy cost savings, the excess
5877savings may be allocated under paragraph (d) but may not be used
5878to cover potential energy or associated cost savings shortages
5879in subsequent contract years.
5880     (f)  The guaranteed energy, water, and wastewater
5881performance savings contract must provide for payments of not
5882less than one-twentieth of the price to be paid within 2 years
5883from the date of the complete installation and acceptance by the
5884agency using straight-line amortization for the term of the
5885loan, and the remaining costs to be paid at least quarterly, not
5886to exceed a 20-year term, based on life cycle cost calculations.
5887     (g)  The guaranteed energy, water, and wastewater
5888performance savings contract may extend beyond the fiscal year
5889in which it becomes effective; however, the term of any contract
5890expires at the end of each fiscal year and may be automatically
5891renewed annually for up to 20 years, subject to the agency
5892making sufficient annual appropriations based upon continued
5893realized energy, water, and wastewater savings.
5894     (h)  The guaranteed energy, water, and wastewater
5895performance savings contract must stipulate that it does not
5896constitute a debt, liability, or obligation of the state.
5898Department of Management Services, with the assistance of the
5899Office of the Chief Financial Officer, shall may, within
5900available resources, provide technical content assistance to
5901state agencies contracting for energy, water, and wastewater
5902efficiency and conservation measures and engage in other
5903activities considered appropriate by the department for
5904promoting and facilitating guaranteed energy, water, and
5905wastewater performance contracting by state agencies. The
5906Department of Management Services shall review the investment-
5907grade audit for each proposed project and certify that the cost
5908savings are appropriate and sufficient for the term of the
5909contract. The Office of the Chief Financial Officer, with the
5910assistance of the Department of Management Services, shall may,
5911within available resources, develop model contractual and
5912related documents for use by state agencies. Prior to entering
5913into a guaranteed energy, water, and wastewater performance
5914savings contract, any contract or lease for third-party
5915financing, or any combination of such contracts, a state agency
5916shall submit such proposed contract or lease to the Office of
5917the Chief Financial Officer for review and approval. A proposed
5918contract or lease shall include:
5919     (a)  Supporting information required by s. 216.023(4)(a)9.
5920in ss. 287.063(5) and 287.064(11). For contracts approved under
5921this section, the criteria may, add a minimum, include the
5922specification of a benchmark cost of capital and minimum real
5923rate of return on energy, water, or wastewater savings against
5924which proposals shall be evaluated.
5925     (b)  Documentation supporting recurring funds requirements
5926in ss. 287.063(5) and 287.064(11).
5927     (c)  Approval by the head of the agency or his or her
5929     (d)  An agency measurement and verification plan to monitor
5930cost savings.
5931     (7)  FUNDING SUPPORT.--For purposes of consolidated
5932financing of deferred payment commodity contracts under this
5933section by an agency, any such contract must be supported from
5934available funds appropriated to the agency in an appropriation
5935category, as defined in chapter 216, that the Chief Financial
5936Officer has determined is appropriate or that the Legislature
5937has designated for payment of the obligation incurred under this
5940The Office of the Chief Financial Officer shall not approve any
5941contract submitted under this section from a state agency that
5942does not meet the requirements of this section.
5943     Section 97.  Section 526.201, Florida Statutes, is created
5944to read:
5945     526.201  Short title.--Sections 526.201-526.207 may be
5946cited as the "Florida Renewable Fuel Standard Act."
5947     Section 98.  Section 526.202, Florida Statutes, is created
5948to read:
5949     526.202  Legislative findings.--The Legislature finds it is
5950vital to the public interest and to the state's economy to
5951establish a market and the necessary infrastructure for
5952renewable fuels in this state by requiring that all gasoline
5953offered for sale in this state include a percentage of
5954agriculturally derived, denatured ethanol. The Legislature
5955further finds that the use of renewable fuel reduces greenhouse
5956gas emissions and dependence on imports of foreign oil, improves
5957the health and quality of life for Floridians, and stimulates
5958economic development and the creation of a sustainable industry
5959that combines agricultural production with state-of-the-art
5961     Section 99.  Section 526.203, Florida Statutes, is created
5962to read:
5963     526.203  Renewable fuel standard.--
5964     (1)  DEFINITIONS.--As used in this act:
5965     (a)  "Blender," "importer," "terminal supplier," and
5966"wholesaler" are defined as provided in s. 206.01.
5967     (b)  "Blended gasoline" means a mixture of 90 to 91 percent
5968gasoline and 9 to 10 percent fuel ethanol, by volume, that meets
5969the specifications as adopted by the department. The fuel
5970ethanol portion may be derived from any agricultural source.
5971     (c)  "Fuel ethanol" means an anhydrous denatured alcohol
5972produced by the conversion of carbohydrates that meets the
5973specifications as adopted by the department.
5974     (d)  "Unblended gasoline" means gasoline that has not been
5975blended with fuel ethanol and that meets the specifications as
5976adopted by the department.
5977     (2)  FUEL STANDARD.--Beginning December 31, 2010, all
5978gasoline sold or offered for sale in Florida by a terminal
5979supplier, importer, blender, or wholesaler shall be blended
5981     (3)  EXEMPTIONS.--The requirements of this act do not apply
5982to the following:
5983     (a)  Fuel used in aircraft.
5984     (b)  Fuel sold for use in boats and similar watercraft.
5985     (c)  Fuel sold to a blender.
5986     (d)  Fuel sold for use in collector vehicles or vehicles
5987eligible to be licensed as collector vehicles, off-road
5988vehicles, motorcycles, or small engines.
5989     (e)  Fuel unable to comply due to requirements of the
5990United States Environmental Protection Agency.
5991     (f)  Fuel transferred between terminals.
5992     (g)  Fuel exported from the state in accordance with s.
5994     (h)  Fuel qualifying for any exemption in accordance with
5995chapter 206.
5996     (i)  Fuel for a railroad locomotive.
5997     (j)  Fuel for equipment, including vehicle or vessel,
5998covered by a warranty that would be voided, if explicitly stated
5999in writing by the vehicle or vessel manufacturer, if the
6000equipment were to be operated using fuel meeting the
6001requirements of subsection (2).
6003All records of sale of unblended gasoline shall include the
6004following statement: "Unblended gasoline may be sold only for
6005the purposes authorized under s. 526.203(3), F.S."
6006     (4)  REPORT.--Pursuant to s. 206.43, each terminal
6007supplier, importer, blender, and wholesaler shall include in its
6008report to the Department of Revenue the number of gallons of
6009blended and unblended gasoline sold. The Department of Revenue
6010shall provide a monthly summary report to the department.
6011     Section 100. Section 526.204, Florida Statutes, is created
6012to read:
6013     526.204  Waivers and suspensions.--
6014     (1)  If a terminal supplier, importer, blender, or
6015wholesaler is unable to obtain fuel ethanol or blended gasoline
6016at the same or lower price as unblended gasoline, then the sale
6017or delivery of unblended gasoline by the terminal supplier,
6018importer, blender, or wholesaler shall not be deemed a violation
6019of this act. The terminal supplier, importer, blender, or
6020wholesaler shall, upon request of the department, provide the
6021required documentation regarding the sales transaction and price
6022of fuel ethanol, blended gasoline, and unblended gasoline to the
6024     (2)  To account for supply disruptions and ensure reliable
6025supplies of motor fuels in the state, the requirements of this
6026act shall be suspended when the provisions of s. 252.36(2) in
6027any area of the state are in effect plus an additional 30 days.
6028     Section 101.  Section 526.205, Florida Statutes, is created
6029to read:
6030     526.205  Enforcement; extensions.--
6031     (1)  Unless a waiver or suspension pursuant to s. 526.204
6032applies, or an extension has been granted pursuant to subsection
6033(3), it shall be unlawful for a terminal supplier, importer,
6034blender, or wholesaler to sell or distribute, or offer for sale
6035or distribution, any gasoline which fails to meet the
6036requirements of this act.
6037     (2)  Upon a determination by the department of a violation
6038of this act, the department shall enter an order imposing one or
6039more of the following penalties:
6040     (a)  Issuance of a warning letter.
6041     (b)  Imposition of an administrative fine of not more than
6042$1,000 per violation for a first-time offender. For a second-
6043time or repeat offender, or any person who is shown to have
6044willfully and intentionally violated any provision of this act,
6045the administrative fine shall not exceed $5,000 per violation.
6046When imposing any fine under this section, the department shall
6047consider the monetary benefit to the violator as a result of
6048noncompliance, whether the violation was committed willfully,
6049and the compliance record of the violator. All funds recovered
6050by the department shall be deposited into the General Inspection
6051Trust Fund.
6052     (3)  Any terminal supplier, importer, blender, or
6053wholesaler may apply to the department by September 30, 2010,
6054for an extension of time to comply with the requirements of this
6055act. The application for an extension must demonstrate that the
6056applicant has made a good faith effort to comply with the
6057requirements but has been unable to do so for reasons beyond the
6058applicant's control, such as delays in receiving governmental
6059permits. The department shall review each application and make a
6060determination as to whether the failure to comply was beyond the
6061control of the applicant. If the department determines that the
6062applicant made a good faith effort to comply, but was unable to
6063do so for reasons beyond the applicant's control, the department
6064shall grant an extension of time determined necessary for the
6065applicant to comply.
6066     Section 102.  Section 526.206, Florida Statutes, is created
6067to read:
6068     526.206  Rules.--The Department of Revenue and the
6069Department of Agriculture and Consumer Services are authorized
6070to adopt rules pursuant to ss. 120.536(1) and 120.54 to
6071implement the provisions of this act.
6072     Section 103.  Section 526.207, Florida Statutes, is created
6073to read:
6074     526.207  Studies and reports.--
6075     (1)  The Florida Energy and Climate Commission shall
6076conduct a study to evaluate and recommend the life-cycle
6077greenhouse gas emissions associated with all renewable fuels,
6078including, but not limited to, biodiesel, renewable diesel,
6079biobutanol, and ethanol derived from any source. In addition,
6080the commission shall evaluate and recommend a requirement that
6081all renewable fuels introduced into commerce in the state, as a
6082result of the renewable fuel standard, shall reduce the life-
6083cycle greenhouse gas emissions by an average percentage. The
6084commission may also evaluate and recommend any benefits
6085associated with the creation, banking, transfer, and sale of
6086credits among fuel refiners, blenders, and importers.
6087     (2)  The Florida Energy and Climate Commission shall submit
6088a report containing specific recommendations to the President of
6089the Senate and the Speaker of the House of Representatives no
6090later than December 31, 2010.
6091     Section 104.  Paragraph (a) of subsection (6) of section
6092553.73, Florida Statutes, is amended to read:
6093     553.73  Florida Building Code.--
6094     (6)(a)  The commission, by rule adopted pursuant to ss.
6095120.536(1) and 120.54, shall update the Florida Building Code
6096every 3 years. When updating the Florida Building Code, the
6097commission shall select the most current version of the
6098International Building Code, the International Fuel Gas Code,
6099the International Mechanical Code, the International Plumbing
6100Code, and the International Residential Code, all of which are
6101adopted by the International Code Council, and the National
6102Electrical Code, which is adopted by the National Fire
6103Protection Association, to form the foundation codes of the
6104updated Florida Building Code, if the version has been adopted
6105by the applicable model code entity and made available to the
6106public at least 6 months prior to its selection by the
6107commission. The commission shall select the most current version
6108of the International Energy Conservation Code (IECC) as a
6109foundation code; however, the IECC shall be modified by the
6110commission to maintain the overall efficiencies of the Florida
6111Energy Efficiency Code for Building Construction adopted and
6112amended pursuant to part IV of this chapter.
6113     Section 105.  Section 553.9061, Florida Statutes, is
6114created to read:
6115     553.9061  Scheduled increases in thermal efficiency
6117     (1)  The purpose of this section is to establish a schedule
6118of increases in the energy performance of buildings subject to
6119the Florida Energy Efficiency Code for Building Construction.
6120The Florida Building Commission shall:
6121     (a)  Include the necessary provisions by the 2010 edition
6122of the Florida Energy Efficiency Code for Building Construction
6123to increase the energy performance of new buildings by at least
612420 percent as compared to the energy efficiency provisions of
6125the 2007 Florida Building Code adopted October 31, 2007.
6126     (b)  Increase energy efficiency requirements by the 2013
6127edition of the Florida Energy Efficiency Code for Building
6128Construction by at least 30 percent as compared to the energy
6129efficiency provisions of the 2007 Florida Building Code adopted
6130October 31, 2007.
6131     (c)  Increase energy efficiency requirements by the 2016
6132edition of the Florida Energy Efficiency Code for Building
6133Construction by at least 40 percent as compared to the energy
6134efficiency provisions of the 2007 Florida Building Code adopted
6135October 31, 2007.
6136     (d)  Increase energy efficiency requirements by the 2019
6137edition of the Florida Energy Efficiency Code for Building
6138Construction by at least 50 percent as compared to the energy
6139efficiency provisions of the 2007 Florida Building Code adopted
6140October 31, 2007.
6141     (2)  The Florida Building Commission shall identify within
6142code support and compliance documentation the specific building
6143options and elements available to meet the energy performance
6144goals established in subsection (1).
6145     (3)  The Florida Building Commission shall, prior to
6146implementing the goals established in subsection (1), adopt by
6147rule and implement a cost-effectiveness test for proposed
6148increases in energy efficiency. The cost-effectiveness test
6149shall measure cost-effectiveness to the average consumer and
6150shall ensure that energy efficiency increases result in a
6151positive net financial impact to the average consumer. The rule
6152shall not become effective until the conclusion of the next
6153regular session of the Legislature following its adoption.
6154     Section 106.  Subsection (1) of section 553.909, Florida
6155Statutes, is amended, subsections (3) and (4) are renumbered as
6156subsections (6) and (7), respectively, and new subsections (3),
6157(4), and (5) are added to that section, to read:
6158     553.909  Setting requirements for appliances; exceptions.--
6159     (1)  The Florida Energy Efficiency Code for Building
6160Construction shall set the minimum requirements for commercial
6161or residential swimming pool pumps, swimming pool water heaters,
6162and heat traps and thermostat settings for water heaters used to
6163heat potable water sold for residential use. The code shall
6164further establish the minimum acceptable standby loss for
6165electric water heaters and the minimum recovery efficiency and
6166standby loss for water heaters fueled by natural gas or
6167liquefied petroleum gas.
6168     (3)  Commercial or residential swimming pool pumps or water
6169heaters sold after July 1, 2011, shall comply with the
6170requirements of this subsection. Natural gas pool heaters shall
6171not be equipped with constantly burning pilots. Heat pump pool
6172heaters shall have a coefficient of performance at low
6173temperature of not less than 4.0. The thermal efficiency of gas-
6174fired pool heaters and oil-fired pool heaters shall not be less
6175than 80 percent. All pool heaters shall have a readily
6176accessible on-off switch that is mounted outside the heater and
6177that allows shutting off the heater without adjusting the
6178thermostat setting.
6179     (4)  Pool pump motors shall not be split-phase, shaded-
6180pole, or capacitor start-induction run types. Residential pool
6181pumps and pool pumps motors with a total horsepower of 1 HP or
6182more shall have the capability of operating at two or more
6183speeds with a low speed having a rotation rate that is no more
6184than one-half of the motor's maximum rotation rate. Residential
6185pool pump motor controls shall have the capability of operating
6186the pool pump at a minimum of two speeds. The default
6187circulation speed shall be the residential filtration speed,
6188with a higher speed override capability being for a temporary
6189period not to exceed one normal cycle or 120 minutes, whichever
6190is less. Except that circulation speed for solar pool heating
6191systems shall be permitted to run at higher speeds during
6192periods of usable solar heat gain.
6193     (5)  Portable electric spas standby power shall not be
6194greater than 5(V2/3) watts where V = the total volume, in
6195gallons, when spas are measured in accordance with the spa
6196industry test protocol.
6197     (6)(3)  The Florida Energy Efficiency Code for Building
6198Construction may include standards for other appliances and
6199energy-using systems if they are determined by the department to
6200have a significant impact on the energy use of the building and
6201if they are cost-effective to the consumer.
6202     (7)(4)  If the provisions of this section are preempted in
6203part by federal standards, those provisions not preempted shall
6205     Section 107.  (1)  By July 1, 2009, the Agency for
6206Enterprise Information Technology shall define objective
6207standards for:
6208     (a)  Measuring data center energy consumption and
6209efficiency, including, but not limited to, airflow and cooling,
6210power consumption and distribution, and environmental control
6211systems in a data center facility.
6212     (b)  Calculating total cost of ownership of energy-
6213efficient information technology products, including initial
6214purchase, installation, ongoing operation and maintenance, and
6215disposal costs over the life cycle of the product.
6216     (2)  State data centers and computing facilities designated
6217by the Agency for Enterprise Information Technology shall
6218evaluate their data center facilities for energy efficiency
6219using the standards established pursuant to this section.
6220     (a)  Results of these evaluations shall be reported to the
6221Agency for Enterprise Information Technology, the President of
6222the Senate, and the Speaker of the House of Representatives.
6223Reports shall enable the tracking of energy performance over
6224time and comparisons between facilities.
6225     (b)  By December 31, 2010, and annually thereafter, the
6226Agency for Enterprise Information Technology shall submit to the
6227Legislature recommendations for reducing energy consumption and
6228improving the energy efficiency of state data centers.
6229     (3)  When the total cost of ownership of an energy-
6230efficient product is less than or equal to the cost of the
6231existing data center facility or infrastructure, technical
6232specifications for energy-efficient products should be
6233incorporated in the plans and processes for replacing,
6234upgrading, or expanding data center facilities or
6235infrastructure, including, but not limited to, network, storage,
6236or computer equipment and software.
6237     Section 108.  Section 1004.648, Florida Statutes, is
6238created to read:
6239     1004.648  Florida Energy Systems Consortium.--
6240     (1)  There is created the Florida Energy Systems Consortium
6241to promote collaboration among experts in the State University
6242System for the purposes of sharing energy-related expertise and
6243assisting in the development and implementation of a
6244comprehensive, long-term, environmentally compatible,
6245sustainable, and efficient energy strategic plan for the state.
6246     (2)  The consortium shall focus on the research and
6247development of innovative energy systems that will lead to
6248alternative energy strategies, improved energy efficiencies, and
6249expanded economic development for the state.
6250     (3)  The consortium shall consist of the University of
6251Florida, Florida State University, the University of South
6252Florida, the University of Central Florida, Florida Atlantic
6253University, Florida International University, Florida
6254Agricultural and Mechanical University, and Florida Gulf Coast
6256     (4)  The consortium shall be administered at the University
6257of Florida by a director who shall be appointed by the oversight
6259     (5)  The director, whose office shall be located at the
6260University of Florida, shall report to the Florida Energy and
6261Climate Commission created pursuant to s. 377.6015.
6262     (6)  The oversight board shall consist of the Vice
6263President for Research at each university that is a member of
6264the consortium.
6265     (7)  In addition to selecting the director, the oversight
6266board shall be responsible for the technical performance and
6267financial management of the consortium.
6268     (8)  In performing its responsibilities, the consortium
6269shall collaborate with the oversight board and may also
6270collaborate with industry and other affected parties.
6271     (9)  Through collaborative research and development across
6272the State University System and industry, the goal of the
6273consortium is to become a world leader in energy research,
6274education, technology, and energy systems analysis. In so doing,
6275the consortium shall:
6276     (a)  Coordinate and initiate increased collaborative
6277interdisciplinary energy research among the universities and the
6278energy industry.
6279     (b)  Assist in the creation and development of a Florida-
6280based energy technology industry through efforts that would
6281expedite commercialization of innovative energy technologies by
6282taking advantage of the energy expertise within the State
6283University System, high-technology incubators, industrial parks,
6284and industry-driven research centers.
6285     (c)  Provide a state resource for objective energy systems
6287     (d)  Develop education and outreach programs to prepare a
6288qualified energy workforce and informed public. Specifically,
6289the faculty associated with the consortium shall coordinate a
6290statewide workforce development initiative focusing on college-
6291level degrees, technician training, and public and commercial
6292sectors awareness. The consortium shall develop specific
6293programs targeted at preparing graduates who have a background
6294in energy, continuing education courses for technical and
6295nontechnical professionals, and modules, laboratories, and
6296courses to be shared among the universities. Additionally, the
6297consortium shall work with the Florida Community College System
6298using the Florida Advanced Technological Education Center for
6299the coordination and design of industry-specific training
6300programs for technicians.
6301     (10)  The consortium shall solicit and leverage state,
6302federal, and private funds for the purpose of conducting
6303education, research, and development in the area of sustainable
6305     (11)  The oversight board, in consultation with the Florida
6306Energy and Climate Commission, shall ensure that the consortium:
6307     (a)  Maintains accurate records of any funds received by
6308the consortium.
6309     (b)  Meets financial and technical performance
6310expectations, which may include external technical reviews as
6312     (12)  The oversight board and the Florida Energy and
6313Climate Commission shall constitute the steering committee which
6314shall be responsible for establishing and assuring the success
6315of the consortium's mission under subsection (9).
6316     (13)  By November 1 of each year, the consortium shall
6317submit an annual report to the Governor, the President of the
6318Senate, the Speaker of the House of Representatives, and the
6319Florida Energy and Climate Commission regarding its activities
6320including, but not limited to, education, research, development,
6321and deployment of alternative energy technologies.
6322     Section 109.  Woody biomass economic study.--The Department
6323of Agriculture and Consumer Services, in conjunction with the
6324Department of Environmental Protection, shall conduct an
6325economic impact analysis on the effects of granting financial
6326incentives to energy producers who use woody biomass as fuel,
6327including an analysis of effects on wood supply and prices and
6328impacts on current markets and forest sustainability. The
6329departments shall prepare and submit a report on the results of
6330the analysis to the Governor, the President of the Senate, and
6331the Speaker of the House of Representatives no later than March
63321, 2010.
6333     Section 110.  The Public Service Commission shall analyze
6334utility revenue decoupling and provide a report and
6335recommendations to the Governor, the President of the Senate,
6336and the Speaker of the House of Representatives by January 1,
6338     Section 111. Section 377.901, Florida Statutes, is
6340     Section 112.  Except as otherwise expressly provided in
6341this act, this act shall take effect July 1, 2008.

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