Florida Senate - 2010                                     SB 850
       
       
       
       By Senator Alexander
       
       
       
       
       17-00640-10                                            2010850__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Institute of Phosphate
    3         Research; amending s. 378.101, F.S.; renaming the
    4         Florida Institute of Phosphate Research as the Florida
    5         Institute of Polytechnic and Phosphate Research;
    6         revising provisions relating to the powers and duties
    7         of the institute; authorizing the institute to secure
    8         funding from public, private, foreign, and domestic
    9         sources; requiring the deposit of certain proceeds
   10         into the Phosphate Research Trust Fund; revising
   11         provisions relating to the number and appointment of
   12         members to the board of directors; amending s.
   13         378.102, F.S.; conforming terminology; providing an
   14         effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 378.101, Florida Statutes, is amended to
   19  read:
   20         378.101 Florida Institute of Polytechnic and Phosphate
   21  Research.—
   22         (1) The There is created a Florida Institute of Polytechnic
   23  and Phosphate Research, an independent state research agency at
   24  the University of South Florida Polytechnic, which is empowered:
   25         (a)To promote the economic development of the state
   26  through application and commercialization of research conducted
   27  or caused to be conducted by the institute.
   28         (b)To assist the University of South Florida in education,
   29  research, commercialization, and business incubation activities.
   30         (c)(a) To conduct or cause to be conducted such
   31  environmental studies related to radiation and water supply and
   32  consumption, or other environmental or health effects of
   33  commercial and industrial activities, including phosphate mining
   34  and reclamation, as may from time to time be deemed reasonably
   35  necessary by the institute for the health, safety, and welfare
   36  of the citizens of this state and particularly the citizens of
   37  the regions where phosphate mining or processing occurs.
   38         (d)(b) To conduct or cause to be conducted studies a
   39  thorough and comprehensive study of reclamation alternatives and
   40  technologies in commercial and industrial activities, including
   41  the phosphate mining and or processing and industry, including
   42  wetlands reclamation.
   43         (e)(c) To conduct or cause to be conducted a thorough and
   44  comprehensive study of phosphatic clay and phosphogypsum
   45  disposal and utilization as a part of phosphate mining and
   46  processing, together with all environmental or land use related
   47  thereto.
   48         (f)(d) To establish methods for better and more efficient
   49  practices for commercial and industrial activities, including
   50  phosphate recovery mining and processing, in this state as it
   51  may determine most beneficial to the economy, environment, and
   52  way of life of the citizens of the state.
   53         (g)(e) To enter into any mutually satisfactory contract
   54  with any firm, institution, corporation, or governmental federal
   55  or state agency, both domestic and foreign, as may be reasonably
   56  required or desired in carrying out the research, and studies,
   57  and commercialization activities specified in this section
   58  herein authorized.
   59         (h)To maintain and expand a public library with special
   60  collections related to its research activities.
   61         (i)(f) To make available to the public the results of its
   62  research and commercialization activities program so that the
   63  research efforts will result in the public being better informed
   64  as to the effects of commercial and industrial activities,
   65  including phosphate mining and processing in the state.
   66         (j)To educate the public about the science related to
   67  topics and issues that are within its areas of expertise.
   68         (k)(g) To hold public hearings and consult with
   69  representatives of the phosphate industry and other industries
   70  related to institute research and all other interested parties;
   71  to assign priorities for its research and studies; to make
   72  public from time to time its intentions as to future research
   73  and study; and to allocate its resources and personnel for such
   74  research and studies as it may determine from time to time to be
   75  in the public interest.
   76         (l)(h) To provide suitable and sufficient laboratory
   77  facilities and equipment, making use insofar as practical of the
   78  existing laboratory facilities and equipment of the State
   79  University System and other facilities as may be available, for
   80  carrying out the research activities specified in this section
   81  and studies herein authorized.
   82         (m)(i) To administer the Phosphate Research Trust Fund and
   83  to expend funds therefrom for its administration and for
   84  carrying out the phosphate research activities specified
   85  purposes set forth in this section. The Phosphate Research Trust
   86  Fund shall be subject to the service charge imposed pursuant to
   87  chapter 215.
   88         (n)To secure funding from public, private, foreign, and
   89  domestic sources for carrying out the research activities
   90  specified in this section.
   91         (o)To take actions necessary to promote the application
   92  and commercialization of its technologies, knowledge, and
   93  intellectual property; to provide consulting services; to
   94  establish public-private partnerships; and to obtain equity
   95  stakes in and foster the growth of business entities in the
   96  development and commercialization of its technologies.
   97         (2) The institute may develop work products relating to
   98  research that which is subject to trademark, copyright, or
   99  patent protection. Notwithstanding any law to the contrary, the
  100  institute may:
  101         (a) Secure patents, copyrights, or trademarks on any of its
  102  work products and enforce its rights in such products. It shall
  103  consider contributions by institute personnel, contractors, and
  104  grantees in the development of such products and shall enter
  105  into written agreements with them establishing the interests of
  106  the respective parties in each patent, copyright, or trademark
  107  it secures.
  108         (b) License, lease, or assign, or otherwise give consent to
  109  other persons for the manufacture or use of, work products it
  110  develops and receive royalties or other consideration for such
  111  use.
  112         (c) Take any action necessary to protect its work products
  113  from improper or unlawful use or infringement.
  114         (d) Collect any sums due it for the manufacture or use by
  115  any other person of such work products.
  116         (e) Sell its interest in or rights to any work products it
  117  owns.
  118         (f) Do all acts necessary to exercise its powers and
  119  perform its duties. Any action taken by the institute in
  120  securing or exploiting such patents, copyrights, or trademarks
  121  shall, within 30 days, be reported in writing to the Department
  122  of State. Any proceeds received by the institute under this
  123  subsection for work products resulting from phosphate research
  124  activities shall be deposited in the Phosphate Research Trust
  125  Fund for use as provided by law.
  126         (3)(a) The institute may establish policies necessary to
  127  administer its research activities programs to ensure assure
  128  their efficiency and effectiveness and promote the application
  129  and commercialization of its work products, producing the
  130  maximum benefit to the economy, environment, and residents of
  131  this state.
  132         (b) Materials that which relate to methods of manufacture
  133  or production, actual or potential trade secrets, patentable or
  134  potentially patentable materials, business transactions, or
  135  proprietary information pertaining to research conducted by or
  136  on behalf of the institute shall be confidential and exempt from
  137  the provisions of s. 119.07(1), except that the institute shall
  138  disclose, upon request, the title and description of any
  139  research project, the researchers’ names, and the amount and
  140  source of funding provided for such project.
  141         (4)(a) The work of the Florida institute of Phosphate
  142  Research shall be directed by a seven-member five-member board
  143  of directors appointed by the Governor. The board shall be
  144  composed of two members one member from the faculty or
  145  administration of universities a university within the State
  146  University System, at least one of whom is from the University
  147  of South Florida Polytechnic, one member from a major economic
  148  development group in this state, one member from a major
  149  conservation group in this state, one member from state
  150  government, and two members from the phosphate mining or
  151  processing industry. The Governor shall make these appointments
  152  on the basis of their ability to set priorities for the
  153  phosphate research and commercialization and otherwise give
  154  direction to a professional, efficient, and broad phosphate
  155  research effort. In setting such priorities, emphasis shall be
  156  given to applied research that which tends to solve real
  157  problems of the industry in which the public has a substantial
  158  interest.
  159         (b) Members of the board of directors shall serve 3-year
  160  terms, or serve until successors are appointed. A member of the
  161  board of directors shall be eligible for reappointment.
  162         (c) A vacancy occurring other than by expiration of a term
  163  shall be filled by appropriate appointment for the remainder of
  164  the unexpired term in the same manner as the original
  165  appointment. However, no single vacancy in the board of
  166  directors shall impair the right of the remaining members to
  167  exercise the powers of the board of directors.
  168         (d) The members of the board of directors shall select a
  169  chair.
  170         (e) The policies and decisions of the board shall be
  171  implemented through an executive director chosen by the board on
  172  the basis of professional competence, both scientific and
  173  administrative.
  174         (f) The board shall adopt rules necessary to carry out the
  175  duties and responsibilities of the institute.
  176         Section 2. Subsection (1) and paragraph (b) of subsection
  177  (2) of section 378.102, Florida Statutes, are amended to read:
  178         378.102 Florida Institute of Polytechnic and Phosphate
  179  Research; procurement of research services.—
  180         (1) SHORT TITLE.—This section may be cited as the “Florida
  181  Institute of Polytechnic and Phosphate Research Competitive
  182  Negotiation Act.”
  183         (2) DEFINITIONS.—As used in this section, the term:
  184         (b) “Institute” means the Florida Institute of Polytechnic
  185  and Phosphate Research.
  186         Section 3. This act shall take effect July 1, 2010.