Senate Bill sb2376

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    Florida Senate - 2003                                  SB 2376

    By Senator Pruitt





    28-1171-03

  1                      A bill to be entitled

  2         An act relating to marine biotechnology;

  3         creating the Florida Marine Biotechnology

  4         Consortium; providing for the organization,

  5         purpose, and duties of the consortium;

  6         providing for the appointment of a board of

  7         trustees; providing for the establishment of a

  8         facility to house the offices and activities of

  9         the consortium; providing for appropriations;

10         providing for the consortium to submit an

11         operating plan and a strategic plan; providing

12         an appropriation; providing for interim

13         staffing by the Statewide Board of Governors;

14         providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Florida Marine Biotechnology Consortium;

19  creation; organization; purpose; duties.--

20         (1)  The Florida Marine Biotechnology Consortium is

21  created to serve as the principal and preeminent marine

22  biotechnology organization for the state and to serve as a

23  global leader for information exchange and expertise,

24  promotion and advocacy, basic and applied research, and

25  commercial and governmental applications of technology in

26  marine biotechnology.

27         (2)  The consortium is assigned to the Statewide Board

28  of Governors created under Section 7, Article IX of the State

29  Constitution, for administrative purposes and for overall

30  mission oversight, but is otherwise governed by a nine-member

31  board of trustees.

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    Florida Senate - 2003                                  SB 2376
    28-1171-03




 1         (a)  The initial board of trustees shall be comprised

 2  of two members appointed by the Governor, one of whom is a

 3  private-sector business person who has expertise related to

 4  marine biotechnology, and one of whom is a scientist or

 5  researcher who has expertise related to marine biotechnology;

 6  one member appointed by the President of the Senate who has

 7  expertise related to marine biotechnology; and one member

 8  appointed by the Speaker of the House of Representatives who

 9  has expertise related to marine biotechnology. The Governor,

10  the President of the Senate, and the Speaker of the House of

11  Representatives shall make their respective appointments

12  before August 1, 2003.

13         1.  One member appointed by the Governor shall serve

14  for a term of 3 years, and one shall serve for a term of 2

15  years.

16         2.  Members appointed by the President of the Senate

17  and the Speaker of the House of Representatives each shall

18  serve for a term of 2 years.

19         3.  The four initial board members shall, by majority

20  vote before October 1, 2003, elect five additional members at

21  least three of whom have expertise related to marine

22  biotechnology. Three of such members shall serve for a term of

23  4 years, and two shall serve for terms of 3 years.

24         (b)  Vacancies on the board, including vacancies among

25  the initial appointees, shall be filled by majority vote of

26  the remaining members of the board, using qualifications and

27  criteria established by the board. Members elected to the

28  board under this paragraph shall serve for terms of 4 years

29  and may be reelected. Members appointed under paragraph (a)

30  may be reelected as provided in this paragraph.

31         (c)  Each member shall have one vote.

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    Florida Senate - 2003                                  SB 2376
    28-1171-03




 1         (d)  The members shall by majority vote elect a chair

 2  from among their membership.

 3         (3)  To carry out the purpose of the consortium, the

 4  board of trustees shall establish a direct-support

 5  organization to serve as the staffing and operating unit of

 6  the consortium and which is:

 7         (a)  A corporation not for profit incorporated under

 8  chapter 617, Florida Statutes.

 9         (b)  Organized and operated to request, receive, hold,

10  invest, and administer property and any moneys received from

11  private, local, state, and federal sources and to manage and

12  make expenditures to or for the operations of the consortium.

13         (c)  An organization that the Statewide Board of

14  Governors, after review, has certified to be operating in a

15  manner consistent with the goals of the consortium and in the

16  best interests of the state.

17         (d)  An organization that is not an agency within the

18  meaning of section 20.03, Florida Statutes.

19         (4)(a)  The board of trustees shall serve as the board

20  of directors for the direct-support organization.

21         (b)  The direct-support organization shall be

22  administered by a chief executive officer, who is appointed by

23  and serves at the pleasure of the board, which shall establish

24  the powers and duties of the chief executive officer.

25         (5)  The consortium shall:

26         (a)  Serve as the principal clearinghouse for

27  information and activities on marine biotechnology.

28         (b)  Provide academic, scientific, and business

29  expertise on marine biotechnology to increase understanding of

30  marine biotechnology.

31  

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    Florida Senate - 2003                                  SB 2376
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 1         (c)  Conduct basic and applied research in marine

 2  biotechnology through the talents of leading scientists,

 3  researchers, technicians, and graduate and post doctoral

 4  students from around the world.

 5         (d)  Facilitate the development and commercialization

 6  of marine technologies, including, but not limited to,

 7  technologies leading to the production of diagnostic devices,

 8  medicines, chemicals, construction materials, food, drinking

 9  water, and energy from marine resources, as well as

10  technologies leading to improvements in public health and

11  safety, environmental cleanup and restoration, and management

12  of marine resources.

13         (e)  Integrate and coordinate the activities of public

14  organizations and private organizations in the state involved

15  in marine biotechnology research and commercialization.

16         (f)  Market and advocate the marine biotechnology

17  interests of the state to the private and public sectors in

18  this country and in other countries.

19         (g)  Secure nonstate funds to support the programs and

20  operations of the consortium or other marine biotechnology

21  activities in the state.

22         (h)  Promote the state, in cooperation with Enterprise

23  Florida, Inc., as a location for businesses having operations

24  related to marine biotechnology.

25         (i)  Promote the state as a location for marine

26  biotechnology projects or activities of agencies of the

27  Federal Government or foreign governments.

28         (j)  Assist educational institutions in the state to

29  enhance marine-science curricula and resources and to

30  encourage students to pursue careers in marine science.

31  

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    Florida Senate - 2003                                  SB 2376
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 1         (k)  Identify problems and implement solutions on

 2  issues affecting marine science and marine environments,

 3  including, but not limited to, transportation, public

 4  security, public health and safety, food production, and

 5  commerce issues.

 6         (6)  The programmatic activities of the consortium are

 7  organized around the following principal categories:

 8         (a)  Life sciences, including, but not limited to,

 9  genomics, proteomics, aquaculture, fisheries, disease control,

10  and biotoxins.

11         (b)  Medicine, including, but not limited to, clinical

12  diagnostics, therapeutics, immunological products, reagents,

13  and veterinary medicines.

14         (c)  Engineering, including, but not limited to,

15  sensors, arrays, robotics, holographics, desalination, and

16  security devices.

17         (d)  Computer sciences, including, but not limited to,

18  modeling, simulation, software, and technology transfer.

19         (7)  The consortium shall plan and supervise the design

20  and construction of a facility to house its offices and

21  activities.

22         (a)  The facility shall include, at a minimum:

23         1.  Research laboratories;

24         2.  Training centers or classrooms;

25         3.  A library; and

26         4.  Meeting and conference rooms with leading

27  communications technology.

28         (b)  By February 1, 2004, the consortium shall submit

29  an initial plan for the facility to the Governor, the

30  President of the Senate, the Speaker of the House of

31  

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    Florida Senate - 2003                                  SB 2376
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 1  Representatives, and the chairman of the Statewide Board of

 2  Governors, which plan must include:

 3         1.  Recommended functional and design requirements for

 4  the facility, including, but not limited to, details relating

 5  to its proposed size, operations, and location.

 6         2.  Cost estimates based upon the recommended

 7  functional and design requirements.

 8         3.  A recommended process and timeline for siting and

 9  completing the facility.

10         5.  Identification of potential funding sources and a

11  strategy for securing funds.

12         (8)  The board of trustees shall create a scientific

13  advisory council comprised of scientists, researchers,

14  academicians, businesspersons, and others whom the board

15  determines have scientific expertise that will benefit the

16  consortium.

17         (9)  The board of trustees shall create a stakeholder

18  advisory council, comprised of representatives from

19  organizations in the state engaged in marine science

20  activities, to promote coordination and cooperation among

21  these organizations, and develop a comprehensive strategic

22  plan for the advancement of marine biotechnology in the state.

23  The council shall include at least one representative from

24  each public university and each private university in the

25  state with a marine science program, which representative is

26  selected by the board of trustees from individuals nominated

27  by the president of each university.

28         (10)  By December 1 each year, the consortium shall

29  submit an annual report to the Governor, the President of the

30  Senate, the Speaker of the House of Representatives, and the

31  chairman of the Statewide Board of Governors containing:

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    Florida Senate - 2003                                  SB 2376
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 1         (a)  A detailed description of the activities and

 2  accomplishments of the consortium.

 3         (b)  An annual financial accounting of resources and

 4  expenditures conducted by an independent certified public

 5  accountant.

 6         (c)  Any recommendations from the consortium for action

 7  by the Legislature or by the agencies of state, county, or

 8  municipal governments to foster development of marine

 9  biotechnology.

10         (d)  Until the consortium's facility is opened, a

11  progress report on the status of the facility.

12         (11)  The consortium and its direct-support

13  organization are subject to chapter 119, Florida Statutes,

14  relating to public records, and chapter 286, Florida Statutes,

15  relating to public meetings.

16         (12)  The board members shall serve without

17  compensation but are entitled to per diem and travel expenses

18  pursuant to section 112.061, Florida Statutes, while in the

19  performance of their duties.

20         (13)  Appropriations to the Statewide Board of

21  Governors on behalf of the consortium shall be distributed to

22  the consortium under a contract between the Statewide Board of

23  Governors and the consortium.

24         (14)  By November 1, 2003, the board of trustees shall

25  submit an operating plan to the Governor, the President of the

26  Senate, the Speaker of the House of Representatives, and the

27  chairman of the Statewide Board of Governors. The operating

28  plan must include:

29         (a)  A detailed description of the organizational

30  structure and operating policies and procedures of the

31  

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    Florida Senate - 2003                                  SB 2376
    28-1171-03




 1  consortium, its direct-support organization, and its advisory

 2  councils.

 3         (b)  A policy addressing conflicts of interest for

 4  members of the board and the advisory councils.

 5         (c)  A recommended level of funding for fiscal year

 6  2004-2005 for the consortium and a detailed description of the

 7  proposed uses of the funds.

 8         (d)  Any recommendations for statutory revisions

 9  governing, or applicable to, the consortium which are

10  important to the operation of the consortium or its goals.

11         (15)  By February 1, 2004, the board of trustees shall

12  submit an initial strategic plan to the Governor, the

13  President of the Senate, the Speaker of the House of

14  Representatives, and the chairman of the Statewide Board of

15  Governors. In developing the strategic plan, the board shall

16  enlist the participation of public and private organizations

17  in the state engaged in marine biotechnology activities or

18  other marine science activities, including, but not limited

19  to, members of the scientific advisory council and the

20  stakeholder advisory council. The strategic plan must include:

21         (a)  A mission statement.

22         (b)  Short-term and long-term goals.

23         (c)  Output and outcome measures to assess progress

24  toward achievement of such goals.

25         (d)  A schedule and process for regularly updating and

26  revising the strategic plan.

27         Section 2.  (1)  There is appropriated from the General

28  Revenue Fund to the Statewide Board of Governors $750,000 to

29  fund the activities of the Florida Marine Biotechnology

30  Consortium for fiscal year 2003-2004.

31  

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    Florida Senate - 2003                                  SB 2376
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 1         (2)  The Statewide Board of Governors may appoint

 2  interim staff to assist the Florida Marine Biotechnology

 3  Consortium and the consortium's direct-support organization

 4  during their initial phases of organization.

 5         Section 3.  This act shall take effect July 1, 2003.

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 8                          SENATE SUMMARY

 9    Creates the Florida Marine Biotechnology Consortium.
      Provides for its organization, powers, and duties.
10    Provides appropriations. Requires reports. (See bill for
      details.)
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