Amendment Text: 565379

HOUSE AMENDMENT

Bill No. HB 1E CS

CHAMBER ACTION

Senate

House

Representative Johnson offered the following:

Amendment (with title amendment)

Remove the entire body, and insert:

Section 1. Section 288.955, Florida Statutes, is created

to read:

288.955 Scripps Florida Funding Corporation.--

(1) DEFINITIONS.--As used in this section, the term:

(a) "Contract" means the contract executed between the

corporation and the grantee under this section.

(b) "Corporation" means the Scripps Florida Funding

Corporation created under this section.

for-profit public benefit corporation, or a division,

subsidiary, affiliate, or entity formed by The Scripps Research

Institute to establish a state-of-the-art biomedical research

institution and campus in this state.

(2) CREATION.--

(a) There is created a not-for-profit corporation known as

the Scripps Florida Funding Corporation, which shall be

registered, incorporated, organized, and operated under chapter

617. All provisions of chapter 617 apply to the corporation,

except if the provisions of chapter 617 conflict with the

provisions of this section, this section shall control.

(b) The corporation is not a unit or entity of state

government. However, the corporation is subject to the

provisions of s. 24, Art. I of the State Constitution and

chapter 119, relating to public records, and the provisions of

chapter 286 relating to public meetings.

office in this state and appoint a registered agent.

(d) The corporation shall hire or contract for all staff

necessary to the proper execution of its powers and duties

within the funds appropriated to implement this section and

shall require that all officers, directors, and employees of the

corporation comply with the code of ethics for public officers

and employees under part III of chapter 112. In no case may the

corporation expend more than $300,000 in the first year and

$200,000 per year thereafter for staffing and necessary

administrative expenditures using funds appropriated to

implement this section.

(e) The Office of Tourism, Trade, and Economic Development

shall provide administrative support to the corporation as

requested by the corporation. In the event of the dissolution of

the corporation, the office shall be the corporation’s successor

in interest and shall assume all rights, duties, and obligations

of the corporation under any contract to which the corporation

is then a party and under law.

(3) PURPOSE.--The corporation shall be organized to

receive, hold, invest, administer, and disburse funds

appropriated by the Legislature for the establishment and

operation of a state-of-the-art biomedical research institution

and campus in this state by The Scripps Research Institute. The

corporation shall safeguard the state's commitment of financial

support by ensuring that, as a condition for the receipt of

these funds, the grantee meets its contractual obligations. In

this manner, the corporation shall facilitate and oversee the

state goal and public purpose of providing financial support for

the institution and campus in order to expand the amount and

prominence of biomedical research conducted in this state,

provide an inducement for high-technology businesses to locate

in this state, create educational opportunities through access

to and partnerships with the institution, and promote improved

health care through the scientific outcomes of the institution.

(4) BOARD; MEMBERSHIP.--The corporation shall be governed

by a board of directors.

(a) The board of directors shall consist of nine voting

members, of whom the Governor shall appoint three, the President

of the Senate shall appoint three, and the Speaker of the House

of Representatives shall appoint three. The director of the

Office of Tourism, Trade, and Economic Development or the

director's designee shall serve as an ex-officio, nonvoting

member of the board of directors.

(b)1. Each member of the board of directors shall serve

for a term of 4 years, except that initially the Governor, the

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

Representatives each shall appoint one member for a term of 1

year, one member for a term of 2 years, and one member for a

term of 4 years to achieve staggered terms among the members of

the board. A member is not eligible for reappointment to the

board, except, however, that a member appointed to an initial

term of 1 year or 2 years may be reappointed for an additional

term of 4 years. The Governor, the President of the Senate, and

the Speaker of the House of Representatives shall make their

initial appointments to the board by November 15, 2003.

2. Members of the board of directors appointed by the

President of the Senate and the Speaker of the House of

Representatives shall serve at the pleasure of the appointing

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officer.

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Speaker of the House of Representatives, respectively, shall

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fill a vacancy on the board of directors, according to who

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appointed the member whose vacancy is to be filled or whose term

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has expired. A vacancy that occurs before the scheduled

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expiration of the term of the member shall be filled for the

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remainder of the unexpired term.

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(d) Each member of the board of directors who is not

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otherwise required to file financial disclosure under s. 8, Art.

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II of the State Constitution or s. 112.3144 shall file

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disclosure of financial interests under s. 112.3145.

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(e) A person may not be appointed to the board of

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directors if he or she has had any direct interest in any

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contract, franchise, privilege, or other benefit granted by The

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Scripps Research Institute or any of its affiliate organizations

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within 5 years before appointment. A person appointed to the

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board of directors must agree to refrain from having any direct

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interest in any contract, franchise, privilege, or other benefit

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granted by The Scripps Research Institute or any of its

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affiliate organizations during the term of his or her

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appointment and for 5 years after the termination of such

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appointment. It is a misdemeanor of the first degree, punishable

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as provided in s. 775.082 or s. 775.083, for a person to accept

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appointment to the board of directors in violation of this

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paragraph or to accept an interest in any contract, franchise,

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privilege, or other benefit granted by the institution or

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affiliate within 5 years after the termination of his or her

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service on the board.

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(f) Each member of the board of directors shall serve

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without compensation but shall receive travel and per diem

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expenses as provided in s. 112.061.

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(g) Each member of the board of directors is accountable

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for the proper performance of the duties of his or her office,

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and each member owes a fiduciary duty to the people of the state

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to ensure that funds provided in furtherance of this section are

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disbursed and used as prescribed by law and contract.

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(h) The Governor may remove a member the Governor

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appointed for malfeasance, misfeasance, neglect of duty,

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incompetence, permanent inability to perform official duties,

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unexcused absence from three consecutive meetings of the board,

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arrest or indictment for a crime that is a felony or a

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misdemeanor involving theft or a crime of dishonesty, or

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pleading nolo contendere to, or being found guilty of, any

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crime.

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(5) ORGANIZATION; MEETINGS.--

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(a)1. The board of directors shall annually elect a

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chairperson and a vice chairperson from among the board's

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members. The members, by an affirmative vote of at least five of

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the nine members, may remove a member from the position of

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chairperson or vice chairperson prior to the expiration of his

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or her term as chairperson or vice chairperson. His or her

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successor shall be elected to serve for the balance of the

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removed chairperson's or vice chairperson's term.

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2. The chairperson is responsible for ensuring that

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records are kept of the proceedings of the board of directors,

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and is the custodian of all books, documents, and papers filed

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with the board, the minutes of meetings of the board, and the

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official seal of the corporation.

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(b)1. The board of directors shall meet upon the call of

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the chairperson or at the request of a majority of the members,

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but no less than three times per calendar year.

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2. A majority of the voting members of the board of

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directors constitutes a quorum. Except as otherwise provided in

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this section, the board may take official action by a majority

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vote of the members present at any meeting at which a quorum is

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present. Members may not vote by proxy.

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3. A member of the board may participate in a meeting of

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the board by telephone or videoconference through which each

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member may hear every other member.

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(6) POWERS AND DUTIES.--The corporation is organized to

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receive, hold, invest, administer, and disburse funds

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appropriated by the Legislature in support of this section and

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to disburse any income generated from the investment of these

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funds consistent with the purpose and provisions of this

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section. In addition to the powers and duties prescribed in

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chapter 617 and the articles and bylaws adopted under that

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chapter, the corporation:

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(a) May make and enter into contracts and assume any other

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functions that are necessary to carry out the provisions of this

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section.

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(b) May make expenditures, from funds provided by this

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state, including any necessary administrative expenditures

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consistent with its powers.

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of real property and hold notes, mortgages, guarantees, or

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security agreements to secure the performance of obligations of

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the grantee under the contract.

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(d) May perform all acts and things necessary or

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convenient to carry out the powers expressly granted in this

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section and a contract entered into between the corporation and

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the grantee.

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(e) May indemnify, and purchase and maintain insurance on

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behalf of, directors, officers, and employees of the corporation

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against any personal liability or accountability.

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(f) Shall disburse funds pursuant to the provisions of

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this section and a contract entered into between the corporation

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and the grantee.

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(g) Shall receive and review reports and financial

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documentation provided by the grantee to ensure compliance with

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the provisions of this section and provisions of the contract.

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(h) Shall prepare an annual report as prescribed in

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subsection (14).

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(7) INVESTMENT OF FUNDS.--The corporation must enter into

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an agreement with the State Board of Administration under which

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funds received by the corporation from the Office of Tourism,

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Trade, and Economic Development which are not disbursed to the

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grantee shall be invested by the State Board of Administration

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on behalf of the corporation. Funds shall be invested in

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suitable instruments authorized under s. 215.47 and specified in

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investment guidelines established and agreed to by the State

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Board of Administration and the corporation.

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(8) CONTRACT.--

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(a) No later than January 30, 2004, the corporation shall

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negotiate and execute a contract with the grantee for a term of

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20 years; however, the time to execute the contract may be

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extended for up to 45 days by majority vote of the board of

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directors of the corporation. Such contract shall govern the

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disbursement and use of funds under this section. If no contract

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has been executed by such date, all unexpended funds shall

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revert and be returned to the General Revenue Fund of the state.

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The corporation may not execute the contract unless the contract

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is approved by the affirmative vote of at least seven of the

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nine members of the board of directors. At least 14 days before

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execution of the contract, The Scripps Research Institute must

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submit to the board, the Governor, the President of the Senate,

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and the Speaker of the House of Representatives an

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organizational plan, in a form and manner prescribed by the

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board, for the establishment of a state-of-the-art biomedical

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research institution and campus in this state, and the board

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must submit a copy of the proposed contract to the Governor, the

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

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Representatives.

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(b) The contract, at a minimum, must contain provisions:

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1. Specifying the procedures and schedules that govern the

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disbursement of funds under this section and specifying the

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conditions or deliverables that the grantee must satisfy before

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the release of each disbursement.

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2. Requiring the grantee to submit to the corporation a

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business plan in a form and manner prescribed by the

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corporation.

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3. Prohibiting the grantee from establishing other

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biomedical science or research facilities in any state other

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than this state or California for a period of 12 years from the

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commencement of the contract or until payment in full of the

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total payment amount required under subsection (12), whichever

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occurs first. Nothing in this subparagraph shall prohibit the

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grantee from establishing or engaging in normal collaborative

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activities with other organizations.

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4. Governing the ownership of or security interests in

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real property and personal property, including, but not limited

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to, research equipment, obtained through the financial support

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of state or local government, including a provision that in the

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event of a breach of the contract or in the event the grantee

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ceases operations in this state, such property purchased with

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state funds shall revert to the state and such property

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purchased with local funds shall revert to the local governing

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authority.

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5. Requiring the grantee to be an equal opportunity

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employer.

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6. Requiring the grantee to maintain a policy of awarding

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preference in employment to residents of this state, as defined

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by law, except for professional scientific staff positions

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requiring a doctoral degree, post-doctoral training positions,

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and graduate student positions.

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7. Requiring the grantee to maintain a policy of making

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purchases from vendors in this state, to the extent it is cost-

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effective and scientifically sound.

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8. Requiring the grantee to work collaboratively with all

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of the state’s public and private postsecondary educational

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institutions and not-for-profit research institutions.

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9. Requiring the grantee to participate in employee-

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recruitment activities at a minimum of five public or private

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universities or community colleges in this state every year

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during the duration of the contract.

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10. Requiring the grantee to use the Internet-based job-

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listing system of the Agency for Workforce Innovation in

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advertising employment opportunities.

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11. Requiring the grantee to establish accredited science

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degree programs.

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12. Requiring the grantee to establish internship programs

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to create learning opportunities for educators and secondary and

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postsecondary students, including graduate and doctoral

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students.

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13. Requiring the grantee to submit data to the

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corporation on its activities and performance during each fiscal

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year and to provide to the corporation an annual accounting of

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the expenditure of funds disbursed under this section.

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14. Authorizing the grantee, when feasible, to use

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information submitted by it to the Federal Government or to

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other organizations awarding research grants to the grantee to

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help meet reporting requirements imposed under this section or

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the contract, if the information satisfies the reporting

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standards of this section and the contract.

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15. Requiring the grantee during the first 7 years of the

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contract to create 545 positions and to acquire associated

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research equipment for the grantee's facility in this state, and

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pay for related maintenance of the equipment, in a total amount

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of not less than $45 million.

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16. Requiring the grantee to progress in the creation of

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the total number of jobs prescribed in subparagraph 15. on the

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following schedule: at least 38 positions in the first year, 168

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positions in the second year, 280 positions in the third year,

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367 positions in the fourth year, 436 positions in the fifth

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year, 500 positions in the sixth year, and 545 positions in the

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seventh year. The board may allow the grantee to deviate

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downward from such employee levels by 25 percent in any year, to

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allow the grantee flexibility in achieving the objectives set

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forth in the business plan provided to the corporation; however,

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the grantee must have no fewer than 545 positions by the end of

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the seventh year.

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17. Requiring the grantee’s expenditure of funds to be

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consistent with legislative intent as provided in this act.

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18. Requiring the grantee to agree to compliance standards

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under which the corporation can review relevant records to

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ensure the grantee’s financial and operational compliance with

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the provisions of this section and the contract.

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19. Requiring the grantee to allow the corporation to

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retain an independent certified public accountant licensed in

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this state pursuant to chapter 473 to inspect the records of the

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grantee in order to audit the expenditure of funds disbursed to

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the grantee. The independent certified public accountant may not

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disclose any confidential or proprietary scientific information

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of the grantee.

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20. Requiring the grantee to purchase liability insurance

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and governing the coverage level of such insurance.

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it is approved by the affirmative vote of at least seven of the

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nine members of the board of directors.

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(9) PERFORMANCE EXPECTATIONS.--In addition to the

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provisions prescribed in subsection (8), the contract between

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the corporation and the grantee shall include a provision that

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the grantee, in cooperation with the Office of Tourism, Trade,

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and Economic Development, shall report to the corporation on

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performance expectations that reflect the aspirations of the

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Governor and the Legislature for the benefits accruing to this

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state as a result of the funds appropriated pursuant to this

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section. These shall include, but are not limited to,

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performance expectations addressing:

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(a) The average salaries paid.

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(b) The number and dollar value of research grants

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obtained from the Federal Government or sources other than this

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state.

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The Scripps Research Institute from sources other than this

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state which is used to conduct research activities by the

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grantee in this state.

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(d) The number or value of patents obtained by the

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grantee.

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(e) The number or value of licensing agreements executed

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by the grantee.

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(f) The extent to which research conducted by the grantee

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results in commercial applications.

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(g) The number of agreements reached and maintained with

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colleges and universities in this state, including agreements

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that foster the participation of the historically black colleges

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and universities in this state in research opportunities.

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(h) The number of collaborative partnerships established

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and maintained with businesses in this state.

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(i) The total amount of funding received by the grantee

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from sources other than the State of Florida.

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(j) The number or value of spinoff businesses created in

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this state as a result of commercialization of the research of

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the grantee.

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(k) The number or value of businesses recruited to this

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state by the grantee.

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(l) The development of policies to promote supplier

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diversity using the guidelines of the Office of Supplier

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Diversity under s. 287.09451; compliance with ordinances,

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including, but not limited to, small-business county ordinances,

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applicable to the biomedical research institution and campus;

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and the designation of a representative to coordinate with the

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Office of Supplier Diversity.

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The contract shall require the grantee to provide information to

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the corporation on the progress in meeting these performance

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expectations on an annual basis.

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(10) DISBURSEMENT CONDITIONS.--In addition to the

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provisions prescribed in subsection (8), the contract between

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the corporation and the grantee shall include disbursement

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conditions that must be satisfied by the grantee as a condition

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for the continued disbursement of funds under this section.

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These disbursement conditions shall be negotiated between the

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corporation and the grantee and may not be designed to impede

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the ability of the grantee to attain full operational status.

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The disbursement conditions may be appropriately varied as to

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timeframes, numbers, values, and percentages. The disbursement

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conditions shall include, but are not limited to, the following:

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(a) Beginning 18 months after the grantee’s occupancy of

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its permanent facility in this state, the grantee will annually

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obtain $100,000 of nonstate funding for each full-time

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equivalent tenured-track faculty member employed at the

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facility.

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(b) No later than 3 years after the grantee’s occupancy of

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its permanent facility in this state, the grantee will apply to

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the relevant accrediting agency for accreditation of its

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graduate program in this state.

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contract with the corporation.

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(d) The grantee will purchase equipment for its facility

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in this state as scheduled in its contract with the corporation.

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(e) No later than 18 months after occupying its permanent

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facility in this state, the grantee will establish a program for

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qualified graduate students from universities in this state

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permitting them access to the facility for doctoral, thesis-

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related research.

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(f) No later than 18 months after occupancy of its

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permanent facility in this state, the grantee will establish a

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summer internship for high school students.

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(g) No later than 3 years after occupancy of its permanent

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facility in this state, the grantee will establish a research

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program for middle school and high school teachers.

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(h) No later than 18 months after occupancy of its

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permanent facility in this state, the grantee will establish a

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program for adjunct professors.

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(i) No later than 6 months after commissioning its high-

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throughput technology, the grantee will establish a program to

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allow open access for qualified science projects.

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(j) Beginning June 2004, the grantee will commence

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collaborative efforts with the public and private universities

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of this state and will continue cooperative collaboration

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through the term of the agreement.

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(k) Beginning 18 months after the grantee's occupancy of

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its permanent facility in this state, the grantee will establish

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an annual seminar series featuring a review of the science work

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done by the grantee and its collaborators at the facility.

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(l) Beginning June 2004, the grantee will commence

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collaboration efforts with the Office of Tourism, Trade, and

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Economic Development by complying with reasonable requests by

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the office for cooperation in the office’s economic development

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efforts in the biomedical/biotechnical industry. No later than

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July 2004, the grantee will designate a person who shall be

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charged with assisting in these collaborative efforts.

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(11) DISBURSEMENTS.--

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(a) The corporation shall disburse funds to the grantee

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over a period of 7 calendar years starting in the calendar year

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beginning January 1, 2004, under the terms and conditions of the

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contract. The corporation shall complete disbursement of the

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total amount of funds payable to the grantee under the contract

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no later than December 31, 2010, unless the grantee fails to

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satisfy the terms and conditions of the contract. Any funds of

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the corporation that are not disbursed by December 31, 2010,

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shall be returned to the state and deposited into the Biomedical

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Research Trust Fund of the Department of Health.

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(b) The contract shall provide for a reduction or

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elimination of funding in any year if:

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1. The grantee is no longer fully operating in this state;

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2. The grantee has failed to commit in writing to maintain

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full operations in the state for the succeeding year; or

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3. The grantee commits a material default or breach of the

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contract, as defined and governed by the contract. Determination

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of material default or breach of contract shall require the

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affirmative vote of at least seven of the nine members of the

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board.

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under this section is conditioned upon the affirmative approval

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of at least five of the nine members of the board of directors

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and upon demonstration by the grantee that it has met the

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particular contractual deliverables that are the bases for that

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disbursement.

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(12) REINVESTMENT OF ECONOMIC STIMULUS FUNDS IN THE

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BIOMEDICAL RESEARCH TRUST FUND.--The contract between the

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corporation and the grantee shall require the grantee to

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reinvest a portion of its revenues as follows:

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(a) The grantee shall reinvest 15 percent of the net

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royalty revenues, including the revenues from the sale of stock,

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received by The Scripps Research Institute from the licensing or

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transfer of inventions, methods, processes, and other patentable

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discoveries conceived or reduced to practice using the grantee's

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Florida facilities or Florida employees, in whole or in part,

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and to which the grantee becomes entitled during the 20 years

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following the effective date of the contract between the

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corporation and the grantee. For purposes of this paragraph, the

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term “net royalty revenues” means all royalty revenues less the

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cost of obtaining, maintaining, and enforcing related patent and

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intellectual property rights, both foreign and domestic.

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Reinvestment payments under this paragraph shall commence no

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later than 6 months after the grantee has received the final

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disbursement under the contract and shall continue until the

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maximum reinvestment has been paid.

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(b) The grantee shall reinvest 15 percent of the gross

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revenues it receives from “naming opportunities” associated with

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any facility it builds in this state. For purposes of this

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section, the term “naming opportunities” includes charitable

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donations from any person in consideration for the right to have

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all or a portion of the facility named for or in the memory of

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any person, living or dead, or for any entity. The obligation to

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make reinvestment payments under this section shall commence

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upon the execution of the contract between the corporation and

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the grantee.

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All reinvestment payments made pursuant to this section shall be

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remitted to the state for deposit in the Biomedical Research

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Trust Fund, or if such fund has ceased to exist, in another

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trust fund that supports biomedical research, as determined by

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law. The maximum reinvestment required of the grantee pursuant

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to this subsection may not exceed $200,000,000. At such time as

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the reinvestment payments equal $155,000,000 or the contract

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expires, whichever is earlier, the board of directors of the

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corporation shall determine whether the performance expectations

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and performance measures have been met. If the board determines

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that the performance expectations and performance measures have

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been met, the amount of $200,000,000 shall be reduced to

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$155,000,000. The grantee shall annually submit to the

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corporation a schedule of the shares of stock held by the

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grantee as payment of a royalty referred to in paragraph (a) and

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report on any trades or activity concerning such stock until

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such time as all revenues from the sale of stock have been

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reinvested. The grantee’s obligations under this subsection

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shall survive the expiration or termination of the contract

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between the corporation and the grantee.

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(13) USE OF FUNDS.--

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(a) Funds appropriated in furtherance of this section may

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not be disbursed or expended for activities that are not

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primarily related to the establishment or operation of the

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grantee in this state, except upon approval of the affirmative

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vote of at least seven of the nine members of the board of

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directors.

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(b) No funds appropriated in furtherance of this section

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may be used for the purpose of lobbying any branch or agency of

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state government or any political subdivision of this state.

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(14) ANNUAL REPORT.--By December 1 of each year, the

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corporation shall prepare a report of the activities and

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outcomes under this section for the preceding fiscal year. The

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report, at a minimum, must include:

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(a) A description of the activities of the corporation in

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managing and enforcing the contract with the grantee.

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(b) An accounting of the amount of funds disbursed during

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the preceding fiscal year to the grantee.

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the fiscal year of funds disbursed under this section.

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(d) Information on the number and salary level of jobs

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created by the grantee, including the number and salary level of

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jobs created for residents of this state.

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(e) Information on the amount and nature of economic

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activity generated through the activities of the grantee.

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(f) An assessment of factors affecting the progress toward

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achieving the projected biotech industry cluster associated with

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the grantee’s operations, as projected by economists on behalf

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of the Executive Office of the Governor.

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(g) A compliance and financial audit of the accounts and

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records of the corporation at the end of the preceding fiscal

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year conducted by an independent certified public accountant in

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accordance with rules of the Auditor General.

544

(h) A description of the status of the performance

545

expectations under subsection (9) and the disbursement

546

conditions under subsection (10).

547

548

The corporation shall submit the report to the Governor, the

549

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

550

Representatives.

551

(15) PROGRAM EVALUATION.--

552

(a) Before January 1, 2007, the Office of Program Policy

553

Analysis and Government Accountability shall conduct a

554

performance audit of the Office of Tourism, Trade, and Economic

555

Development and the corporation relating to the provisions of

556

this section. The audit shall assess the implementation and

557

outcomes of activities under this section. At a minimum, the

558

audit shall address:

559

1. Performance of the Office of Tourism, Trade, and

560

Economic Development in disbursing funds appropriated under this

561

section.

562

2. Performance of the corporation in managing and

563

enforcing the contract with the grantee.

564

3. Compliance by the corporation with the provisions of

565

this section and the provisions of the contract.

566

4. Economic activity generated through funds disbursed

567

under the contract.

568

(b) Before January 1, 2010, the Office of Program Policy

569

Analysis and Government Accountability shall update the report

570

required under this subsection. In addition to addressing the

571

items prescribed in paragraph (a), the updated report shall

572

include a recommendation on whether the Legislature should

573

retain the statutory authority for the corporation.

574

575

A report of each audit's findings and recommendations shall be

576

submitted to the Governor, the President of the Senate, and the

577

Speaker of the House of Representatives.

578

(16) LIABILITY.--

579

(a) The appropriation or disbursement of funds under this

580

section does not constitute a debt, liability, or obligation of

581

the State of Florida, any political subdivision thereof, or the

582

corporation, or a pledge of the faith and credit of the state or

583

of any such political subdivision.

584

(b) The appropriation, disbursement, or receipt of funds

585

under this section does not subject the State of Florida, any

586

political subdivision thereof, or the corporation to liability

587

related to the research activities and research products of the

588

grantee.

589

(17) FORCE MAJEURE.-—Notwithstanding any other provisions

590

of this section, if the grantee is prevented from timely

591

achieving any deadlines set forth in this section due to its

592

inability to occupy its permanent facility in this state within

593

2 years after entering into the memorandum of agreement pursuant

594

to s. 403.973 as a result of permitting delays and related

595

administrative or judicial proceedings, acts of God, labor

596

disturbances, or other similar events beyond the control of the

597

grantee, the deadline shall be extended by the number of days by

598

which the grantee was delayed in commencing its occupancy of its

599

permanent facility in this state. In no event shall the

600

extension be for more than 4 years. Upon occurrence of a force

601

majeure event, the corporation shall continue to fund the

602

grantee at a level that permits the corporation to sustain its

603

current level of operations until the force majeure event ceases

604

and the grantee is able to resume the contract schedule which

605

governs disbursement.

606

Section 2. Paragraph (h) of subsection (1) of section

607

20.435, Florida Statutes, is amended to read:

608

20.435 Department of Health; trust funds.--

609

(1) The following trust funds are hereby created, to be

610

administered by the Department of Health:

611

(h) Biomedical Research Trust Fund.

612

1. Funds to be credited to the trust fund shall consist of

613

funds deposited pursuant to ss. s. 215.5601 and 288.955. Funds

614

shall be used for the purposes of the James and Esther King

615

Biomedical Research Program as specified in s. 215.5602. The

616

trust fund is exempt from the service charges imposed by s.

617

215.20.

618

2. Notwithstanding the provisions of s. 216.301 and

619

pursuant to s. 216.351, any balance in the trust fund at the end

620

of any fiscal year shall remain in the trust fund at the end of

621

the year and shall be available for carrying out the purposes of

622

the trust fund.

623

~~3. The trust fund shall, unless terminated sooner, be~~

624

~~terminated on July 1, 2004.~~

625

Section 3. Subsections (3), (7), and (15) of section

626

403.973, Florida Statutes, are amended to read:

627

403.973 Expedited permitting; comprehensive plan

628

amendments.--

629

(3)(a) The Governor, through the office, shall direct the

630

creation of regional permit action teams, for the purpose of

631

expediting review of permit applications and local comprehensive

632

plan amendments submitted by:

633

1. Businesses creating at least 100 jobs, or

634

2. Businesses creating at least 50 jobs if the project is

635

located in an enterprise zone, or in a county having a

636

population of less than 75,000 or in a county having a

637

population of less than 100,000 which is contiguous to a county

638

having a population of less than 75,000, as determined by the

639

most recent decennial census, residing in incorporated and

640

unincorporated areas of the county, or

641

(b) On a case-by-case basis and at the request of a county

642

or municipal government, the office may certify as eligible for

643

expedited review a project not meeting the minimum job creation

644

thresholds but creating a minimum of 10 jobs. The recommendation

645

from the governing body of the county or municipality in which

646

the project may be located is required in order for the office

647

to certify that any project is eligible for expedited review

648

under this paragraph. When considering projects that do not meet

649

the minimum job creation thresholds but that are recommended by

650

the governing body in which the project may be located, the

651

office shall consider economic impact factors that include, but

652

are not limited to:

653

1. The proposed wage and skill levels relative to those

654

existing in the area in which the project may be located;

655

2. The project's potential to diversify and strengthen the

656

area's economy;

657

3. The amount of capital investment; and

658

4. The number of jobs that will be made available for

659

persons served by the welfare transition program.

660

661

the office or a Quick Permitting County may certify projects

662

located in counties where the ratio of new jobs per participant

663

in the welfare transition program, as determined by Workforce

664

Florida, Inc., is less than one or otherwise critical, as

665

eligible for the expedited permitting process. Such projects

666

must meet the numerical job creation criteria of this

667

subsection, but the jobs created by the project do not have to

668

be high-wage jobs that diversify the state's economy.

669

(d) Projects located in a designated brownfield area are

670

eligible for the expedited permitting process.

671

(e) Projects that are designated by the local board of

672

county commissioners as a part of the state-of-the-art

673

biomedical research institution and campus to be established in

674

this state by the grantee under s. 288.955 are eligible for the

675

expedited permitting process.

676

(7) The local government shall hold a duly noticed public

677

hearing to execute a memorandum of agreement for each qualified

678

project. Notwithstanding any other provision of law, and at the

679

option of the local government, the workshop provided for in

680

subsection (6) may be conducted on the same date as the public

681

hearing held under this subsection.The memorandum of agreement

682

that a local government signs shall include a provision

683

identifying necessary local government procedures and time

684

limits that will be modified to allow for the local government

685

decision on the project within 90 days. The memorandum of

686

agreement applies to projects, on a case-by-case basis, that

687

qualify for special review and approval as specified in this

688

section. The memorandum of agreement must make it clear that

689

this expedited permitting and review process does not modify,

690

qualify, or otherwise alter existing local government

691

nonprocedural standards for permit applications, unless

692

expressly authorized by law.

693

(15)(a)Challenges to state agency action in the expedited

694

permitting process for projects processed under this section are

695

subject to the summary hearing provisions of s. 120.574, except

696

that the administrative law judge's decision, as provided in s.

697

120.574(2)(f), shall be in the form of a recommended order and

698

shall not constitute the final action of the state agency. In

699

those proceedings where the action of only one agency of the

700

state is challenged, the agency of the state shall issue the

701

final order within 10 working days of receipt of the

702

administrative law judge's recommended order. In those

703

proceedings where the actions of more than one agency of the

704

state are challenged, the Governor shall issue the final order

705

within 10 working days of receipt of the administrative law

706

judge's recommended order. The participating agencies of the

707

state may opt at the preliminary hearing conference to allow the

708

administrative law judge's decision to constitute the final

709

agency action. If a participating local government agrees to

710

participate in the summary hearing provisions of s. 120.574 for

711

purposes of review of local government comprehensive plan

712

amendments, s. 163.3184(9) and (10) apply.

713

(b) Challenges to state agency action in the expedited

714

permitting process for establishment of a state-of-the-art

715

biomedical research institution and campus in this state by the

716

grantee under s. 288.955 are subject to the same requirements as

717

challenges brought under paragraph (a), except that,

718

notwithstanding s. 120.574, summary proceedings must be

719

conducted within 30 days after a party files the motion for

720

summary hearing, regardless of whether the parties agree to the

721

summary proceeding.

722

Section 4. (1) It is the intent of the Legislature to use

723

a portion of the funds provided by the Federal Government under

724

section 401(b) of the Jobs and Growth Tax Relief Reconciliation

725

Act of 2003 for the essential governmental service of improving

726

economic opportunities available to the people of this state by

727

attracting new or expanding businesses to, and retaining

728

businesses in, the state. Additionally, the Legislature

729

recognizes that the state spends billions of dollars each year

730

to treat major illnesses such as coronary artery disease,

731

Alzheimer's disease, diabetes, autoimmune diseases, and cancer.

732

It is further the intent of the Legislature to use the funds so

733

provided to advance the essential government service of

734

improving the health of the people of this state by promoting

735

research and development for the prediction, treatment,

736

prevention, and cure of disease. Funding provided under this

737

section will serve these essential government services and help

738

accelerate the development of biomedical research and

739

development projects in the state.

740

(2) For fiscal year 2003-2004, the sum of $310 million is

741

appropriated from the General Revenue Fund to the Office of

742

Tourism, Trade, and Economic Development for the purpose of

743

funding the Scripps Florida Funding Corporation created under

744

this act in the special category Grants and Aids to the Scripps

745

Florida Funding Corporation. Notwithstanding ss. 216.181(16) and

746

216.351, Florida Statutes, the Office of Tourism, Trade, and

747

Economic Development shall disburse $300,000 to cover the

748

staffing and administrative expenses of the corporation as soon

749

as the corporation is formed. Notwithstanding ss. 216.181(16)

750

and 216.351, Florida Statutes, the remaining appropriation shall

751

be disbursed to the corporation in one lump sum upon the

752

execution of the contract between the Scripps Florida Funding

753

Corporation and the grantee, and such disbursement shall be

754

subject to a contract executed between the Office of Tourism,

755

Trade, and Economic Development and the corporation. In the

756

event the corporation and the grantee are unable to execute the

757

contract, all funds appropriated to the corporation in

758

furtherance of this act shall revert to the General Revenue

759

Fund. In the event that the contract is terminated for breach or

760

otherwise, all funds not yet disbursed to the grantee shall be

761

immediately returned to the General Revenue Fund.

762

Section 5. This act shall take effect upon becoming a law.

763

764

================= T I T L E A M E N D M E N T =================

765

Remove the entire title, and insert:

766

A bill to be entitled

767

An act relating to the establishment of a biomedical

768

research institution and campus; creating s. 288.955,

769

F.S.; providing definitions; creating the Scripps Florida

770

Funding Corporation to facilitate the establishment and

771

operation of a biomedical research institution for the

772

purposes of enhancing education and research and promoting

773

economic development and diversity; providing for a board

774

of directors; prohibiting conflicts of interest; providing

775

penalties; providing powers and duties of the corporation;

776

providing for investment of funds; requiring an operating

777

plan; requiring the corporation and a grantee entity to

778

enter into a contract; providing contract requirements;

779

providing for performance expectations and disbursement

780

conditions; providing requirements and criteria; providing

781

for disbursement and reinvestment of funds; requiring

782

reports, audits, and evaluations; limiting the use of

783

funds; providing that the appropriation of funds does not

784

constitute a debt of the state or a subdivision of the

785

state nor does it subject the state or a subdivision to

786

liability; providing for extension of certain deadlines in

787

certain situations in which the grantee cannot meet

788

contract conditions with limitations; providing for

789

resumption of such deadlines; amending s. 20.435, F.S.;

790

providing for additional funds to be deposited into the

791

Biomedical Research Trust Fund; deleting a provision for

792

future termination date of the fund; amending s. 403.973,

793

F.S.; specifying that projects that are part of the

794

biomedical research institution and campus are eligible

795

for the expedited permitting process; providing for

796

challenges to state agency action in expedited permitting

797

related to the institution and campus; providing

798

legislative intent with respect to creating economic

799

opportunity and improving public health through the

800

establishment of a biomedical research institution;

801

providing an appropriation; providing an effective date.