Florida 2023 2023 Regular Session

Florida House Bill H1645 Introduced / Bill

Filed 04/10/2023

                        
    
HB 1645  	2023 
 
 
 
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hb1645-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
A bill to be entitled 1 
An act relating to the City of Gainesville, Alachua 2 
County; amending chapter 12760, Laws of Florida 3 
(1927), as amended by chapter 2017 -200, Laws of 4 
Florida; providing that members of the Gainesville 5 
Regional Utilities Authority be appointed by the 6 
Governor, rather than the City Commission of the City 7 
of Gainesville; providing for initial appointments; 8 
conforming provisions; providing an effective date. 9 
 10 
Be It Enacted by the Legislature of the State of Florida: 11 
 12 
 Section 1.  Subsections (1) and (3) of section 7.04 and 13 
sections 7.05 and 7.08 of Article VII of chapter 12760, Laws of 14 
Florida (1927), as amended by chapter 2017 -200, Laws of Florida, 15 
are amended to read: 16 
 17 
ARTICLE VII  18 
GAINESVILLE REGIONAL UTILITIES AUTHORITY 19 
 20 
 7.04  Authority members. — 21 
 (1)  There shall be five members of the authority appointed 22 
by the Governor a majority vote of the city commission . The 23 
members shall be diverse and representativ e of the community. 24 
Each member shall be a person of recognized ability and good 25      
    
HB 1645  	2023 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
business judgment, as identified by the Governor city 26 
commission, who is expected to perform his or her official 27 
duties in the best interests of GRU and its customers. 28 
Appointments shall be made as follows: 29 
 (a)  One member shall be a residential customer with 30 
substantial knowledge of GRU, its operations, and its history. 31 
 (b)  At least one member shall be a private, nongovernment 32 
customer consuming at least 10,000 kilowatt hou rs per month of 33 
electric usage during each of the previous 12 months. If the 34 
customer is an entity, this member may be the owner or 35 
representative of such customer. 36 
 (c)  Three members shall be competent and knowledgeable in 37 
one or more specific fields sub stantially related to the duties 38 
and functions of the authority, including, but not limited to, 39 
law, economics, accounting, engineering, finance, or energy. 40 
 (3)  The composition of the authority shall be adjusted 41 
upon expiration of any member's term, or u pon any authority 42 
vacancy, to reflect the ratio of total electric meters serving 43 
GRU electric customers outside the city's jurisdictional 44 
boundaries to total electric meters serving all GRU electric 45 
customers. For example, upon expiration of a member's ter m or 46 
upon an authority vacancy, if the ratio of total electric meters 47 
serving customers outside the city boundaries to total electric 48 
meters serving all electric customers reaches 40 percent, the 49 
Governor city commission must appoint a second member from 50      
    
HB 1645  	2023 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
outside the city boundaries to serve the next term that would 51 
otherwise be served by a qualified elector of the city. 52 
Conversely, upon expiration of any member's term or upon any 53 
authority vacancy, if the ratio subsequently falls below 40 54 
percent, the Governor city commission must appoint a qualified 55 
elector of the city to serve the next term that otherwise would 56 
have been served by a resident from outside the city boundaries. 57 
 7.05  Member nominations and terms. — 58 
 (1)  The Governor city commission shall issue a public 59 
notice soliciting citizen nominations for authority members 60 
within 120 days after the approval at referendum of the creation 61 
of this article. The nomination solicitation period shall remain 62 
open for at least 30 days after the date of the public notice. 63 
 (2)  The Governor city commission shall appoint initial 64 
members to the authority from among the nominees within 60 days 65 
after the close of the nomination solicitation period. The 66 
initial terms of office for the five members shall commen ce at 67 
12 a.m. on October 1, 2023 2019. The terms of the initial 68 
appointments shall be as follows: one member shall be designated 69 
to serve until 12 a.m. October 1, 2024 2020; one member shall be 70 
designated to serve until 12 a.m. October 1, 2025 2021; one 71 
member shall be designated to serve until 12 a.m. October 1, 72 
2026 2022; and two members shall be designated to serve until 12 73 
a.m. October 1, 2027 2023. 74      
    
HB 1645  	2023 
 
 
 
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 (3)  The Governor city commission shall have a citizen 75 
nomination solicitation period for at least 30 da ys and appoint 76 
members for subsequent terms from among the nominees. Members 77 
appointed for subsequent terms shall be appointed for 4 -year 78 
terms commencing at 12 a.m. on October 1 of the year in which 79 
they are appointed. If a member is appointed to complete an 80 
unexpired term, the member's term shall commence at the time of 81 
appointment and shall continue through the remainder of the 82 
unexpired term. 83 
 (4)  The Governor city commission shall fill any vacancy 84 
for the unexpired portion of a term within 60 days aft er the 85 
vacancy occurs if the remainder of the term exceeds 90 days. 86 
 7.08  Removal and suspension of members. — 87 
 (1)  A member may be removed or suspended from office by 88 
the Governor city commission in accordance with s. 112.501, 89 
Florida Statutes. In additi on to the grounds for removal set 90 
forth therein, a member may be removed by the Governor city 91 
commission for failure to maintain the qualifications specified 92 
in section 7.04. 93 
 (2)  The authority may recommend to the Governor city 94 
commission that a member be removed or suspended from office if 95 
it finds, by vote of at least three members, a reasonable basis 96 
for removal or suspension on one or more of the grounds set 97 
forth in s. 112.501, Florida Statutes, or for failure to 98 
maintain the qualifications specified in section 7.04. The 99      
    
HB 1645  	2023 
 
 
 
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authority shall give reasonable notice of any proceeding in 100 
which such action is proposed and must provide the member 101 
against whom such action is proposed a written statement of the 102 
basis for the proposed action and an opportunity to be heard. 103 
The member against whom such action is proposed may not 104 
participate in the authority's debate or vote on the matter. 105 
 Section 2.  This act shall take effect upon becoming a law. 106