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The Florida Senate

2005 Florida Statutes

Section 378.101, Florida Statutes 2005

378.101  Florida Institute of Phosphate Research.--

(1)  There is created a Florida Institute of Phosphate Research, which is empowered:

(a)  To conduct or cause to be conducted such environmental studies related to radiation and water consumption, or other environmental effects of phosphate mining and reclamation, as may from time to time be deemed reasonably necessary by the institute for the health, safety, and welfare of the citizens of this state and particularly the citizens of the regions where phosphate mining or processing occurs.

(b)  To conduct or cause to be conducted a thorough and comprehensive study of reclamation alternatives and technologies in the phosphate mining or processing industry, including wetlands reclamation.

(c)  To conduct or cause to be conducted a thorough and comprehensive study of phosphatic clay disposal and utilization as a part of phosphate mining, together with all environmental or land use related thereto.

(d)  To establish methods for better and more efficient phosphate recovery mining and processing in this state as it may determine most beneficial to the economy, environment, and way of life of the citizens of the state.

(e)  To enter into any mutually satisfactory contract with any firm, institution, corporation, or federal or state agency, as may be reasonably required or desired in carrying out the research and studies herein authorized.

(f)  To make available to the public the results of its research program so that the research efforts will result in the public being better informed as to the effects of phosphate mining in the state.

(g)  To hold public hearings and consult with representatives of the phosphate industry and all other interested parties; to assign priorities for its research and studies; to make public from time to time its intentions as to future research and study; and to allocate its resources and personnel for such research and studies as it may determine from time to time to be in the public interest.

(h)  To provide suitable and sufficient laboratory facilities and equipment, making use insofar as practical of the existing laboratory facilities and equipment of the State University System and other facilities as may be available, for carrying out the research and studies herein authorized.

(i)  To administer the Phosphate Research Trust Fund and to expend funds therefrom for its administration and for carrying out the purposes set forth in this section. The Phosphate Research Trust Fund shall be subject to the service charge imposed pursuant to chapter 215.

(2)  The institute may develop work products relating to research which is subject to trademark, copyright, or patent protection. Notwithstanding any law to the contrary, the institute may:

(a)  Secure patents, copyrights, or trademarks on any of its work products and enforce its rights in such products. It shall consider contributions by institute personnel, contractors, and grantees in the development of such products and shall enter into written agreements with them establishing the interests of the respective parties in each patent, copyright, or trademark it secures.

(b)  License, lease, or assign, or otherwise give consent to other persons for the manufacture or use of, work products it develops and receive royalties or other consideration for such use.

(c)  Take any action necessary to protect its work products from improper or unlawful use or infringement.

(d)  Collect any sums due it for the manufacture or use by any other person of such work products.

(e)  Sell its interest in or rights to any work products it owns.

(f)  Do all acts necessary to exercise its powers and perform its duties. Any action taken by the institute in securing or exploiting such patents, copyrights, or trademarks shall, within 30 days, be reported in writing to the Department of State. Any proceeds received by the institute under this subsection shall be deposited in the Phosphate Research Trust Fund for use as provided by law.

(3)(a)  The institute may establish policies necessary to administer its research programs to assure their efficiency and effectiveness, producing the maximum benefit to the economy, environment, and residents of this state.

(b)  Materials which relate to methods of manufacture or production, actual or potential trade secrets, patentable or potentially patentable materials, business transactions, or proprietary information pertaining to research conducted by or on behalf of the institute shall be confidential and exempt from the provisions of s. 119.07(1), except that the institute shall disclose, upon request, the title and description of any research project, the researchers' names, and the amount and source of funding provided for such project.

(4)(a)  The work of the Florida Institute of Phosphate Research shall be directed by a five-member board of directors appointed by the Governor. The board shall be composed of one member from the faculty of a university within the State University System, one member from a major conservation group in this state, one member from state government, and two members from the phosphate mining or processing industry. The Governor shall make these appointments on the basis of their ability to set priorities for the phosphate research and otherwise give direction to a professional, efficient, and broad phosphate research effort. In setting such priorities, emphasis shall be given to applied research which tends to solve real problems of the industry in which the public has a substantial interest.

(b)  Members of the board of directors shall serve 3-year terms, or serve until successors are appointed. A member of the board of directors shall be eligible for reappointment.

(c)  A vacancy occurring other than by expiration of a term shall be filled by appropriate appointment for the remainder of the unexpired term in the same manner as the original appointment. However, no single vacancy in the board of directors shall impair the right of the remaining members to exercise the powers of the board of directors.

(d)  The members of the board of directors shall select a chair.

(e)  The policies and decisions of the board shall be implemented through an executive director chosen by the board on the basis of professional competence, both scientific and administrative.

(f)  The board shall adopt rules necessary to carry out the duties and responsibilities of the institute.

History.--s. 6, ch. 78-136; s. 1, ch. 83-41; s. 16, ch. 83-339; s. 1, ch. 85-23; s. 3, ch. 86-294; s. 12, ch. 89-117; s. 114, ch. 90-360; s. 638, ch. 95-148; s. 181, ch. 96-406; s. 62, ch. 97-100.