August 13, 2020
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The Florida Statutes

The 2009 Florida Statutes

Title XXIX
Chapter 403
View Entire Chapter
Section 403.42, Florida Statutes 2009

403.42  Florida Clean Fuel Act.--


(a)  This section may be cited as the "Florida Clean Fuel Act."

(b)  The purposes of this act are to establish the Clean Fuel Florida Advisory Board under the Department of Environmental Protection to study the implementation of alternative fuel vehicles and to formulate and provide to the Secretary of Environmental Protection recommendations on expanding the use of alternative fuel vehicles in this state and make funding available for implementation.

(2)  DEFINITIONS.--For purposes of this act:

(a)  "Alternative fuels" include electricity, biodiesel, natural gas, propane, and any other fuel that may be deemed appropriate in the future by the Department of Environmental Protection with guidance from the Clean Fuel Florida Advisory Board.

(b)  "Alternative fuel vehicles" include on-road and off-road transportation vehicles and light-duty, medium-duty, and heavy-duty vehicles that are powered by an alternative fuel or a combination of alternative fuels.


(a)  The Clean Fuel Florida Advisory Board is established within the Department of Environmental Protection.

(b)1.  The advisory board shall consist of the Secretary of Community Affairs, or a designee from that department, the Secretary of Environmental Protection, or a designee from that department, the Commissioner of Education, or a designee from that department, the Secretary of Transportation, or a designee from that department, the Commissioner of Agriculture, or a designee from the Department of Agriculture and Consumer Services, the Secretary of Management Services, or a designee from that department, and a representative of each of the following, who shall be appointed by the Secretary of Environmental Protection:

a.  The Florida biodiesel industry.

b.  The Florida electric utility industry.

c.  The Florida natural gas industry.

d.  The Florida propane gas industry.

e.  An automobile manufacturers' association.

f.  A Florida Clean Cities Coalition designated by the United States Department of Energy.

g.  Enterprise Florida, Inc.

h.  EV Ready Broward.

i.  The Florida petroleum industry.

j.  The Florida League of Cities.

k.  The Florida Association of Counties.

l.  Floridians for Better Transportation.

m.  A motor vehicle manufacturer.

n.  Florida Local Environment Resource Agencies.

o.  Project for an Energy Efficient Florida.

p.  Florida Transportation Builders Association.

2.  The purpose of the advisory board is to serve as a resource for the department and to provide the Governor, the Legislature, and the Secretary of Environmental Protection with private sector and other public agency perspectives on achieving the goal of increasing the use of alternative fuel vehicles in this state.

3.  Members shall be appointed to serve terms of 1 year each, with reappointment at the discretion of the Secretary of Environmental Protection. Vacancies shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

4.  The board shall annually select a chairperson.

5.a.  The board shall meet at least once each quarter or more often at the call of the chairperson or the Secretary of Environmental Protection.

b.  Meetings are exempt from the notice requirements of chapter 120, and sufficient notice shall be given to afford interested persons reasonable notice under the circumstances.

6.  Members of the board are entitled to travel expenses while engaged in the performance of board duties.

7.  The board shall terminate 5 years after the effective date of this act.

(c)  The board shall review the performance of the state with reference to alternative fuel vehicle implementation in complying with federal laws and maximizing available federal funding and may:

1.  Advise the Governor, Legislature, and the Secretary of Environmental Protection and make recommendations regarding implementation and use of alternative fuel vehicles in this state.

2.  Identify potential improvements in this act and the state's alternative fuel policies.

3.  Request from all state agencies any information the board determines relevant to board duties.

4.  Regularly report to the Secretary of Environmental Protection, the Governor, the President of the Senate, and the Speaker of the House of Representatives regarding the board's findings and recommendations.

(d)1.  The advisory board shall make recommendations to the Department of Environmental Protection for establishing pilot programs in this state that provide experience and support the best use expansion of the alternative fuel vehicle industry in this state. No funds shall be released for a project unless there is at least a 50-percent private or local match.

2.  In addition to the pilot programs, the advisory board shall assess federal, state, and local initiatives to identify incentives that encourage successful alternative fuel vehicle programs; obstacles to alternative fuel vehicle use including legislative, regulatory, and economic obstacles; and programs that educate and inform the public about alternative fuel vehicles.

3.  The advisory board is charged with determining a reasonable, fair, and equitable way to address current motor fuel taxes as they apply to alternative fuels and at what threshold of market penetration.

4.  Based on its findings, the advisory board shall develop recommendations to the Legislature on future alternative fuel vehicle programs and legislative changes that provide the best use of state and other resources to enhance the alternative fuel vehicle market in this state and maximize the return on that investment in terms of job creation, economic development, and emissions reduction.

(e)  The advisory board, working with the Department of Environmental Protection, shall develop a budget for the department's approval, and all expenditures shall be approved by the department. At the conclusion of the first year, the department shall conduct an audit of the board and board programs.

History.--s. 72, ch. 99-248; s. 28, ch. 2000-153; s. 17, ch. 2004-243.

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