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The Florida Statutes

The 2007 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 377
ENERGY RESOURCES
View Entire Chapter
Section 377.901, Florida Statutes 2007

377.901  Florida Energy Commission.--

(1)  The Florida Energy Commission is created and shall be located within the Office of Legislative Services for administrative purposes. The commission shall be comprised of a total of nine members.

(a)  The members shall be appointed as follows: the President of the Senate and the Speaker of the House of Representatives shall appoint four members each and shall jointly appoint the ninth member, who shall serve as chair. Members shall be appointed to 2-year terms; however, in order to establish staggered terms, for the initial appointments, each appointing official shall appoint two members to a 1-year term and two members to a 2-year term. Members must meet the following qualifications and restrictions:

1.  A member must be an expert in one or more of the following fields: energy, natural resource conservation, economics, engineering, finance, law, consumer protection, state energy policy, or another field substantially related to the duties and functions of the commission. The commission shall fairly represent the fields specified in this subparagraph.

2.  Each member shall, at the time of appointment and at each commission meeting during his or her term of office, disclose:

a.  Whether he or she has any financial interest, other than ownership of shares in a mutual fund, in any business entity that, directly or indirectly, owns or controls, or is an affiliate or subsidiary of, any business entity that may profit by the policy recommendations developed by the commission.

b.  Whether he or she is employed by or is engaged in any business activity with any business entity that, directly or indirectly, owns or controls, or is an affiliate or subsidiary of, any business entity that may profit by the policy recommendations developed by the commission.

(b)  The following may also attend meetings and provide information and advise at the request of the chair:

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

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

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

4.  The Director of the Office of Insurance Regulation, or his or her designee.

5.  The 1State Surgeon General, or his or her designee.

6.  The chair of the State Board of Education, or his or her designee.

7.  The Secretary of Community Affairs, or his or her designee.

8.  The Secretary of Transportation, or his or her designee.

9.  The Secretary of Environmental Protection, or his or her designee.

(2)  Members shall serve without compensation but are entitled to reimbursement for per diem and travel expenses as provided in s. 112.061.

(3)  Meetings of the commission shall be held in various locations around the state and at the call of the chair; however, the commission must meet at least twice each year.

(4)(a)  The commission may employ staff to assist in the performance of its duties, including an executive director, an attorney, a communications staff member, and an executive assistant.

(b)  The commission may form advisory groups consisting of members of the public to provide information on specific issues.

(5)  The commission shall develop recommendations for legislation to establish a state energy policy. The recommendations of the commission shall be based on the guiding principles of reliability, efficiency, affordability, and diversity as provided in subsection (7). The commission shall continually review the state energy policy and shall recommend to the Legislature any additional necessary changes or improvements.

(6)(a)  The commission shall report by December 31 of each year to the President of the Senate and the Speaker of the House of Representatives on its progress and recommendations, including draft legislation.

(b)  The commission's initial report must be filed by December 31, 2007, and must identify incentives for research, development, or deployment projects involving the goals and issues set forth in this section; set forth policy recommendations for conservation of all forms of energy; and set forth a plan of action, together with a timetable, for addressing additional issues.

(c)  The commission's initial report shall also recommend consensus-based public-involvement processes that evaluate greenhouse gas emissions in this state and make recommendations regarding related economic, energy, and environmental benefits.

(d)  The report must include recommended steps and a schedule for the development of a comprehensive state climate action plan with greenhouse gas reduction through a public-involvement process, including transportation and land use; power generation; residential, commercial, and industrial activities; waste management; agriculture and forestry; emissions-reporting systems; and public education.

(7)  In developing its recommendations, the commission shall be guided by the principles of reliability, efficiency, affordability, and diversity, and more specifically as follows:

(a)  The state should have a reliable electric supply with adequate reserves.

(b)  The transmission and delivery of electricity should be reliable.

(c)  The generation, transmission, and delivery of electricity should be accomplished with the least detriment to the environment and public health.

(d)  The generation, transmission, and delivery of electricity should be accomplished compatibly with the goals for growth management.

(e)  Electricity generation, transmission, and delivery facilities should be reasonably secure from damage, taking all factors into consideration, and recovery from damage should be prompt.

(f)  Electric rates should be affordable, as to base rates and all recovery-clause additions, with sufficient incentives for utilities to achieve this goal.

(g)  The state should have a reliable supply of motor vehicle fuels, both under normal circumstances and during hurricanes and other emergency situations.

(h)  In-state research, development, and deployment of alternative energy technologies and alternative motor vehicle fuels should be encouraged.

(i)  When possible, the resources of the state should be used in achieving the goals enumerated in this subsection.

(j)  Consumers of energy should be encouraged and given incentives to be more efficient in their use of energy.

It is the specific intent of the Legislature that nothing in this section shall in any way change the powers, duties, and responsibilities of the Public Service Commission or the powers, duties, and responsibilities assigned by the Florida Electrical Power Plant Siting Act, ss. 403.501-403.518.

History.--s. 8, ch. 2006-230.

1Note.--Chapter 2007-40 redesignated the Secretary of Health as the State Surgeon General.

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