Bill Text: HB 0001E

HB 0001E

2003

CHAMBER ACTION

The Committee on Appropriations recommends the following:

Committee Substitute

Remove the entire bill and insert:

A bill to be entitled

An act relating to the establishment of a biomedical

research institution and campus; creating s. 288.955,

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

Funding Corporation to facilitate the establishment and

operation of a biomedical research institution for the

purposes of enhancing education and research and promoting

economic development and diversity; providing for a board

of directors; prohibiting conflicts of interest; providing

penalties; providing powers and duties of the corporation;

providing for investment of funds; requiring an operating

plan; requiring the corporation and a grantee entity to

enter into a contract; providing contract requirements;

providing for performance expectations and performance

measures; providing requirements and criteria; providing

for disbursement and reinvestment of funds; requiring

reports, audits, and evaluations; limiting the use of

funds; providing that the appropriation of funds does not

constitute a debt of the state or a subdivision of the

state nor does it subject the state or a subdivision to

liability; providing for extension of certain deadlines in

certain situations in which the grantee cannot meet

contract conditions with limitations; providing for

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

providing for additional funds to be deposited into the

Biomedical Research Trust Fund; deleting a provision for

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

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

biomedical research institution and campus are eligible

for the expedited permitting process; providing for

challenges to state agency action in expedited permitting

related to the institution and campus; providing

legislative intent with respect to creating economic

opportunity and improving public health through the

establishment of a biomedical research institution;

providing an appropriation; providing an effective date.

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

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 subject to the provisions of s. 24,

Art. I of the State Constitution and chapter 119, relating to

public meetings and records, and the provisions of chapter 286

relating to public meetings and records.

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 $400,000 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 routine or incidental 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

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this manner, the corporation shall facilitate and oversee the

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state goal and public purpose of providing financial support for

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the institution and campus in order to expand the amount and

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prominence of biomedical research conducted in this state,

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provide an inducement for high-technology businesses to locate

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in this state, create educational opportunities through access

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to and partnerships with the institution, and promote improved

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health care through the scientific outcomes of the institution.

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

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by a board of directors.

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

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

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

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of Representatives shall appoint three. All members must be

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appointed no later than November 15, 2003. The director of the

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Office of Tourism, Trade, and Economic Development or the

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

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member of the board of directors.

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(b)1. Members of the board of directors appointed by the

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Governor shall serve for terms of 4 years, except, initially the

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Governor shall appoint one member for a term of 1 year, one

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member for a term of 2 years, and one member for a term of 3

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years to achieve staggered terms among the members of the board.

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2. Members of the board of directors appointed by the

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President of the Senate and the Speaker of the House of

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Representatives shall be appointed for 2-year terms and shall

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serve at the pleasure of the appointing officer.

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directors; however, no member may serve for more than two terms.

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(d) The Governor, the President of the Senate, or the

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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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(e) 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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(f) 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. 775.083 or s. 775.084, 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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(g) 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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(h) 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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(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 seven

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of 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) Within 90 days after the last board member is

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appointed, the corporation shall negotiate and execute a

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contract with the grantee governing the disbursement and use of

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funds under this section. If no contract has been executed by

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such date, all unexpended funds shall revert and be returned to

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the Working Capital Fund of the state. The corporation may not

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execute the contract unless the contract is approved by the

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

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board of directors. At least 14 days before execution of the

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contract, The Scripps Research Institute must submit to the

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board, the Governor, the President of the Senate, and the

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Speaker of the House of Representatives an organizational plan,

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in a form and manner prescribed by the board, for the

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establishment of a state-of-the-art biomedical research

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institution and campus in this state, and the board must submit

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a copy of the proposed contract to the Governor, the President

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of the Senate, and the Speaker of the House of 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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strategic plan in a form and manner prescribed by the

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corporation.

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3. Prohibiting The Scripps Research Institute or the

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grantee from establishing other biomedical science or research

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facilities in any state other than this state or California for

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a period of 7 years from the commencement of the contract or

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until payment in full of the total payment amount required under

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subsection (12), whichever occurs first. For the period of 15

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years after the commencement of the contract, the grantee shall

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not establish in any state other than this state or California

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an institute using high through-put technology. Nothing in this

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subparagraph shall prohibit the grantee from establishing or

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engaging in normal collaborative activities with other

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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 maintain a policy of awarding

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preference in employment for nonscientific positions to

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residents of this state, as defined by law, and to be an equal

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opportunity employer.

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6. 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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7. Requiring the grantee to work collaboratively with the

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state’s public and private postsecondary educational

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institutions and not-for-profit research institutions.

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8. 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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9. 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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10. Requiring the grantee to establish accredited science

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degree programs.

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11. 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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12. 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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13. 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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14. 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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15. Requiring the grantee to progress in the creation of

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the total number of jobs prescribed in subparagraph 14. on the

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following schedule: 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 from

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such employee levels by 25 percent in any year, to allow the

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grantee flexibility in achieving the objectives set forth in the

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business plan provided to the corporation; however, the grantee

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

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year.

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16. 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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17. Requiring the grantee to allow the corporation to

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retain an independent national accounting firm to inspect the

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records of the grantee in order to audit the expenditure of

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funds disbursed to the grantee. The independent national

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accounting firm shall not disclose any confidential or

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proprietary scientific information of the grantee.

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18. 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

350

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

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performance expectations addressing:

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(a) The number of jobs created and the average salaries

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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.

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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 spin off 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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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) PERFORMANCE MEASURES.--In addition to the provisions

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prescribed in subsection (8), the contract between the

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corporation and the grantee shall include performance measures

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that must be satisfied by the grantee as a condition for the

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continued disbursement of funds under this section. These

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performance measures shall be negotiated between the corporation

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and the grantee and shall not be designed to impede the ability

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of the grantee to attain full operational status. The

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performance measures may be appropriately varied as to

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timeframes, numbers, values, and percentages. The performance

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measures shall include, but are not limited to, the following

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areas:

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(a) Recognized graduate programs.

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(b) Equipment purchased or obtained.

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(d) Intern programs.

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(e) Adjunct professor programs.

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(f) Joint graduate programs.

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(g) Access to science projects.

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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 a majority of the board of directors.

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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

430

royalty revenues and of the revenues from the sale of stock

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received by the Scripps Research Institute from the licensing or

432

transfer of inventions, methods, processes, and other patentable

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activities conceived or reduced to practice using facilities or

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employees of the grantee during the 20 years following the

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execution of the contract between the corporation and the

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grantee. For purposes of this paragraph, the term “net royalty

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revenues” means all royalty revenues less the cost of obtaining,

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maintaining, and enforcing related patent and intellectual

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property rights, both foreign and domestic. Reinvestment

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payments under this subsection shall commence no later than 6

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months after the grantee has received the final disbursement

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under the contract and continue until the grantee has reinvested

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15 percent of all the net royalty revenues and proceeds from the

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sale of stock related to the grantee’s first 20 years of

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operation after the execution of the contract.

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

447

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

461

law. The total amount that the grantee must reinvest pursuant to

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

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

464

expires, whichever is earlier, the board of the corporation

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shall determine whether the performance expectations and

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performance measures have been met. If the board determines that

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the performance expectations and performance measures have been

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

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$155,000,000.

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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

494

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

501

year conducted by an independent certified public accountant in

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accordance with rules of the Auditor General.

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(h) A description of the status of the performance

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expectations under subsection (9) and the performance measures

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under subsection (10).

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The corporation shall submit the report 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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(15) PROGRAM EVALUATION.--

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

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Analysis and Government Accountability shall conduct a

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

514

Development and the corporation relating to the provisions of

515

this section. The audit shall assess the implementation and

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

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audit shall address:

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

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Economic Development in disbursing funds appropriated under this

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section.

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2. Performance of the corporation in managing and

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enforcing the contract with the grantee.

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3. Compliance by the corporation with the provisions of

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this section and the provisions of the contract.

525

4. Economic activity generated through funds disbursed

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under the contract.

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

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Analysis and Government Accountability shall update the report

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required under this subsection. In addition to addressing the

530

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

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include a recommendation on whether the Legislature should

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retain the statutory authority for the corporation.

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

535

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

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Speaker of the House of Representatives.

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(16) LIABILITY.--

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(a) The appropriation or disbursement of funds under this

539

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

540

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

541

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

542

of any such political subdivision.

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

544

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

545

political subdivision thereof, or the corporation to liability

546

related to the research activities and research products of the

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grantee.

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

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of this section, if the grantee is prevented from timely

550

achieving any deadlines set forth in this section due to its

551

inability to occupy its permanent facility in this state within

552

2 years after entering into the memorandum of agreement pursuant

553

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

554

administrative or judicial proceedings, acts of God, labor

555

disturbances, or other similar events beyond the control of the

556

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

557

which the grantee was delayed in commencing its occupancy of its

558

permanent facility in this state. In no event shall the

559

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

560

majeure event, the corporation shall continue to fund the

561

grantee at a level that permits the corporation to sustain its

562

current level of operations until the force majeure event ceases

563

and the grantee is able to resume the contract schedule which

564

governs disbursement.

565

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

566

20.435, Florida Statutes, is amended to read:

567

20.435 Department of Health; trust funds.--

568

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

569

administered by the Department of Health:

570

(h) Biomedical Research Trust Fund.

571

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

572

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

573

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

574

Biomedical Research Program as specified in s. 215.5602. The

575

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

576

215.20.

577

2. Notwithstanding the provisions of s. 216.301 and

578

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

579

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

580

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

581

the trust fund.

582

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

583

~~terminated on July 1, 2004.~~

584

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

585

403.973, Florida Statutes, are amended to read:

586

403.973 Expedited permitting; comprehensive plan

587

amendments.--

588

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

589

creation of regional permit action teams, for the purpose of

590

expediting review of permit applications and local comprehensive

591

plan amendments submitted by:

592

1. Businesses creating at least 100 jobs, or

593

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

594

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

595

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

596

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

597

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

598

most recent decennial census, residing in incorporated and

599

unincorporated areas of the county, or

600

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

601

or municipal government, the office may certify as eligible for

602

expedited review a project not meeting the minimum job creation

603

thresholds but creating a minimum of 10 jobs. The recommendation

604

from the governing body of the county or municipality in which

605

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

606

to certify that any project is eligible for expedited review

607

under this paragraph. When considering projects that do not meet

608

the minimum job creation thresholds but that are recommended by

609

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

610

office shall consider economic impact factors that include, but

611

are not limited to:

612

1. The proposed wage and skill levels relative to those

613

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

614

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

615

area's economy;

616

3. The amount of capital investment; and

617

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

618

persons served by the welfare transition program.

619

620

the office or a Quick Permitting County may certify projects

621

located in counties where the ratio of new jobs per participant

622

in the welfare transition program, as determined by Workforce

623

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

624

eligible for the expedited permitting process. Such projects

625

must meet the numerical job creation criteria of this

626

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

627

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

628

(d) Projects located in a designated brownfield area are

629

eligible for the expedited permitting process.

630

(e) Projects that are part of or associated with the

631

state-of-the-art biomedical research institution and campus to

632

be established in this state by the grantee under s. 288.955 are

633

eligible for the expedited permitting process.

634

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

635

hearing to execute a memorandum of agreement for each qualified

636

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

637

option of the local government, the workshop provided for in

638

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

639

hearing held under this subsection.The memorandum of agreement

640

that a local government signs shall include a provision

641

identifying necessary local government procedures and time

642

limits that will be modified to allow for the local government

643

decision on the project within 90 days. The memorandum of

644

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

645

qualify for special review and approval as specified in this

646

section. The memorandum of agreement must make it clear that

647

this expedited permitting and review process does not modify,

648

qualify, or otherwise alter existing local government

649

nonprocedural standards for permit applications, unless

650

expressly authorized by law.

651

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

652

permitting process for projects processed under this section are

653

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

654

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

655

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

656

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

657

those proceedings where the action of only one agency of the

658

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

659

final order within 10 working days of receipt of the

660

administrative law judge's recommended order. In those

661

proceedings where the actions of more than one agency of the

662

state are challenged, the Governor shall issue the final order

663

within 10 working days of receipt of the administrative law

664

judge's recommended order. The participating agencies of the

665

state may opt at the preliminary hearing conference to allow the

666

administrative law judge's decision to constitute the final

667

agency action. If a participating local government agrees to

668

participate in the summary hearing provisions of s. 120.574 for

669

purposes of review of local government comprehensive plan

670

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

671

(b) Challenges to state agency action in the expedited

672

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

673

biomedical research institution and campus in this state by the

674

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

675

challenges brought under paragraph (a), except that,

676

notwithstanding s. 120.574, summary proceedings must be

677

conducted within 30 days after a party files the motion for

678

summary hearing, regardless of whether the parties agree to the

679

summary proceeding.

680

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

681

a portion of the funds provided by the Federal Government under

682

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

683

Act of 2003 for the essential governmental service of improving

684

economic opportunities available to the people of this state by

685

attracting new or expanding businesses to, and retaining

686

businesses in, the state. Additionally, the Legislature

687

recognizes that the state spends billions of dollars each year

688

to treat major illnesses such as coronary artery disease,

689

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

690

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

691

provided to advance the essential government service of

692

improving the health of the people of this state by promoting

693

research and development for the prediction, treatment,

694

prevention, and cure of disease. Funding provided under this

695

section will serve these essential government services and help

696

accelerate the development of biomedical research and

697

development projects in the state.

698

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

699

appropriated from the General Revenue Fund to the Office of

700

Tourism, Trade, and Economic Development for the purpose of

701

funding the Scripps Florida Funding Corporation created under

702

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

703

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

704

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

705

Economic Development shall disburse $400,000 to cover the

706

staffing and administrative expenses of the corporation as soon

707

as the corporation is formed. The remaining appropriation shall

708

be disbursed to the corporation in one lump sum, subject to a

709

contract executed between the Office of Tourism, Trade, and

710

Economic Development and the corporation.

711

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