Senate Bill sb0006Ec1
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By the Committee on Commerce, Economic Opportunities, and
Consumer Services; and Senators Atwater and Klein
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1 A bill to be entitled
2 An act relating to establishment of a
3 biomedical research institution and campus;
4 creating s. 288.955, F.S.; creating the Scripps
5 Florida Funding Corporation to facilitate the
6 establishment and operation of a biomedical
7 research institution for the purposes of
8 enhancing education and research and promoting
9 economic development and diversity; providing
10 for its board of directors; prohibiting
11 conflicts of interest; providing penalties;
12 providing powers and duties of the corporation;
13 providing for investment of funds; requiring an
14 operating plan; requiring the corporation and
15 Scripps Florida or another entity operating
16 such an institution to enter into a contract;
17 providing for disbursement and reinvestment of
18 funds; requiring reports, audits, and
19 evaluations; providing for performance measures
20 as conditions for disbursement of funds;
21 limiting the use of funds; providing that the
22 appropriation of funds does not constitute a
23 debt of the state or a subdivision of the state
24 nor does it subject the state or a subdivision
25 to liability; creating the Joint Legislative
26 Committee on Biomedical Investment Oversight;
27 providing its membership and duties; providing
28 legislative intent with respect to creating
29 economic opportunity and improving public
30 health through the establishment of a
31 biomedical research institution; amending s.
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1 403.973, F.S.; specifying that projects that
2 are part of the biomedical research institution
3 and campus are eligible for the expedited
4 permitting process; providing for challenges to
5 state agency action in expedited permitting
6 related to the institution and campus;
7 providing an appropriation; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 288.955, Florida Statutes, is
13 created to read:
14 288.955 Scripps Florida Funding Corporation.--
15 (1) DEFINITIONS.--As used in this section, the term:
16 (a) "Contract" means the contract executed between the
17 corporation and the grantee under this section.
18 (b) "Corporation" means the Scripps Florida Funding
19 Corporation created under this section.
20 (c) "Grantee" means Scripps Florida or a division,
21 subsidiary, affiliate, or entity formed by The Scripps
22 Research Institute to establish a state-of-the-art biomedical
23 research institution and campus in this state.
24 (2) CREATION.--
25 (a) There is created a not-for-profit corporation
26 known as the Scripps Florida Funding Corporation, which shall
27 be registered, incorporated, organized, and operated under
28 chapter 617.
29 (b) The corporation is not a unit or entity of state
30 government. However, the corporation is subject to the
31 provisions of s. 24, Art. I of the State Constitution and
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1 chapter 119, relating to public meetings and records, and the
2 provisions of chapter 286 relating to public meetings and
3 records.
4 (c) The corporation must establish at least one
5 corporate office in this state and appoint a registered agent.
6 (d) The corporation shall hire or contract for all
7 staff necessary to the proper execution of its powers and
8 duties within the funds appropriated to implement this section
9 and shall require that all officers, directors, and employees
10 of the corporation comply with the code of ethics for public
11 officers and employees under part III of chapter 112. In no
12 case may the corporation expend more than $200,000 per year
13 for staffing using funds appropriated to implement this
14 section.
15 (e) The Office of Tourism, Trade, and Economic
16 Development shall provide administrative support to the
17 corporation as requested by the corporation.
18 (3) PURPOSE.--The corporation shall be organized to
19 receive, hold, invest, administer, and disburse funds
20 appropriated by the Legislature for the establishment and
21 operation of a state-of-the-art biomedical research
22 institution and campus in this state by The Scripps Research
23 Institute. The corporation shall safeguard the state's
24 commitment of financial support by ensuring that, as a
25 condition for the receipt of these funds, the grantee meets
26 its contractual obligations. In this manner, the corporation
27 shall facilitate and oversee the state goal and public purpose
28 of providing financial support for the institution and campus
29 in order to expand the amount and prominence of biomedical
30 research conducted in this state, provide an inducement for
31 high-technology businesses to locate in this state, create
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1 educational opportunities through access to and partnerships
2 with the institution, and promote improved health care through
3 the scientific outcomes of the institution.
4 (4) BOARD; MEMBERSHIP.--The corporation shall be
5 governed by a board of directors.
6 (a) The board of directors shall consist of nine
7 voting members, of whom the Governor shall appoint three, the
8 President of the Senate shall appoint three, and the Speaker
9 of the House of Representatives shall appoint three. The
10 director of the Office of Tourism, Trade, and Economic
11 Development or the director's designee shall serve as an
12 ex-officio, nonvoting member of the board of directors.
13 (b) Each member of the board of directors shall serve
14 for a term of 2 years, except that initially the Governor, the
15 President of the Senate, and the Speaker of the House of
16 Representatives each shall appoint one member for a term of 1
17 year and two members for terms of 2 years to achieve staggered
18 terms among the members of the board. The Governor, the
19 President of the Senate, and the Speaker of the House of
20 Representatives shall make their initial appointments to the
21 board by November 30, 2003.
22 (c) A member is eligible for reappointment to the
23 board of directors; however, no member may serve for a total
24 period of more than 4 years.
25 (d) The Governor, the President of the Senate, or the
26 Speaker of the House of Representatives, respectively, shall
27 fill a vacancy on the board of directors, according to who
28 appointed the member whose vacancy is to be filled or whose
29 term has expired. A vacancy that occurs before the scheduled
30 expiration of the term of the member shall be filled for the
31 remainder of the unexpired term.
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1 (e) Each member of the board of directors who is not
2 otherwise required to file financial disclosure under s. 8,
3 Art. II of the State Constitution or s. 112.3144 shall file
4 disclosure of financial interests under s. 112.3145.
5 (f) A person may not be appointed to the board of
6 directors if he or she has had any interest, direct or
7 indirect, in any contract, franchise, privilege, or other
8 benefit granted by The Scripps Research Institute or any of
9 its affiliate organizations within 5 years before appointment.
10 A person appointed to the board of directors must agree to
11 refrain from having any interest, direct or indirect, in any
12 contract, franchise, privilege, or other benefit granted by
13 The Scripps Research Institute or any of its affiliate
14 organizations during the term of his or her appointment and
15 for 5 years after the termination of such appointment. It is a
16 misdemeanor of the first degree, punishable as provided in s.
17 775.083 or s. 775.084, for a person to accept appointment to
18 the board of directors in violation of this paragraph or to
19 accept an interest in any contract, franchise, privilege, or
20 other benefit granted by the institution or affiliate within 5
21 years after the termination of his or her service on the
22 board.
23 (g) Each member of the board of directors shall serve
24 without compensation.
25 (h) Each member of the board of directors is
26 accountable for the proper performance of the duties of
27 office, and each member owes a fiduciary duty to the people of
28 the state to ensure that funds provided in furtherance of this
29 section are disbursed and used as prescribed by law and
30 contract. The Governor, the President of the Senate, or the
31 Speaker of the House of Representatives, according to which
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1 officer appointed the member, may remove a member for
2 malfeasance, misfeasance, neglect of duty, incompetence,
3 permanent inability to perform official duties, unexcused
4 absence from three consecutive meetings of the board, arrest
5 or indictment for a crime that is a felony or a misdemeanor
6 involving theft or a crime of dishonesty, or pleading nolo
7 contendere to, or being found guilty of, any crime.
8 (i) Notwithstanding the terms of service prescribed in
9 paragraph (b), each member of the board of directors serves at
10 the pleasure of the officer who appointed that member, and the
11 Governor, the President of the Senate, or the Speaker of the
12 House of Representatives, as appropriate, may remove a member
13 at will prior to the expiration of the member's term.
14 (5) ORGANIZATION; MEETINGS.--
15 (a)1. The board of directors shall annually elect a
16 chairperson and a vice chairperson from among the board's
17 members. The members, by an affirmative vote of at least seven
18 of the nine members, may remove a member from the position of
19 chairperson or vice chairperson prior to the expiration of his
20 or her term as chairperson or vice chairperson. His or her
21 successor shall be elected to serve for the balance of the
22 removed chairperson's or vice chairperson's term.
23 2. The chairperson is responsible to ensure that
24 records are kept of the proceedings of the board of directors
25 and is the custodian of all books, documents, and papers filed
26 with the board; the minutes of meetings of the board; and the
27 official seal of the corporation.
28 (b)1. The board of directors shall meet upon the call
29 of the chairperson or at the request of a majority of the
30 members, but no less than three times per calendar year.
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1 2. A majority of the voting members of the board of
2 directors constitutes a quorum. Except as otherwise provided
3 in this section, the board may take official action by a
4 majority vote of the members present at any meeting at which a
5 quorum is present. Members may not vote by proxy.
6 3. A member of the board may participate in a meeting
7 of the board by telephone or videoconference through which
8 each member may hear every other member.
9 (6) POWERS AND DUTIES.--The corporation is organized
10 to receive, hold, invest, administer, and disburse funds
11 appropriated by the Legislature in support of this section and
12 to disburse any income generated from the investment of these
13 funds consistent with the purpose and provisions of this
14 section. In addition to the powers and duties prescribed in
15 chapter 617 and the articles and bylaws adopted under that
16 chapter, the corporation:
17 (a) May make and enter into contracts and assume any
18 other functions that are necessary to carry out the provisions
19 of this section.
20 (b) May enter into leases and contracts for the
21 purchase of real property and hold notes, mortgages,
22 guarantees, or security agreements to secure the performance
23 of obligations of the grantee under the contract.
24 (c) May perform all acts and things necessary or
25 convenient to carry out the powers expressly granted in this
26 section and a contract entered into between the corporation
27 and the grantee.
28 (d) May carry forward any unexpended state
29 appropriations into succeeding fiscal years.
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1 (e) May indemnify, and purchase and maintain insurance
2 on behalf of, directors, officers, and employees of the
3 corporation against any personal liability or accountability.
4 (f) Shall disburse funds pursuant to the provisions of
5 this section and a contract entered into between the
6 corporation and the grantee.
7 (g) Shall receive and review reports and financial
8 documentation provided by the grantee to ensure compliance
9 with the provisions of this section and provisions of the
10 contract.
11 (h) Shall prepare an annual report as prescribed in
12 subsection (13).
13 (7) INVESTMENT OF FUNDS.--The corporation must enter
14 into an agreement with the State Board of Administration under
15 which funds received by the corporation from the Office of
16 Tourism, Trade, and Economic Development which are not
17 disbursed to the grantee shall be invested by the State Board
18 of Administration on behalf of the corporation in an annuity
19 product or in a fixed-return investment fund authorized under
20 s. 215.47(1).
21 (8) CONTRACT.--
22 (a) By March 15, 2004, the corporation shall negotiate
23 and execute a contract with the grantee governing the
24 disbursement and use of funds under this section. The
25 corporation may not execute the contract unless the contract
26 is approved by the affirmative vote of at least seven of the
27 nine members of the board of directors. At least 14 days
28 before execution of the contract, The Scripps Research
29 Institute must submit to the board, the Governor, the
30 President of the Senate, and the Speaker of the House of
31 Representatives an organizational plan, in a form and manner
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1 prescribed by the board, for the establishment of a
2 state-of-the-art biomedical research institution and campus in
3 this state, and the board must submit a copy of the proposed
4 contract to the Governor, the President of the Senate, and the
5 Speaker of the House of Representatives.
6 (b) The contract, at a minimum, must contain
7 provisions:
8 1. Specifying the procedures and schedules that govern
9 the disbursement of funds under this section and specifying
10 the conditions or deliverables that the grantee must satisfy
11 before the release of each disbursement.
12 2. Requiring the grantee to submit to the corporation
13 a strategic plan in a form and manner prescribed by the
14 corporation.
15 3. Prohibiting The Scripps Research Institute or the
16 grantee from establishing other biomedical science or research
17 facilities in any state other than this state or California
18 for a period of 15 years from the commencement of the contract
19 or until payment in full of the total payment amount required
20 under subsection (12), whichever occurs first.
21 4. Governing the ownership of or security interests in
22 real property and personal property, including, but not
23 limited to, research equipment, obtained through the financial
24 support of state or local government, including the
25 disposition of this property in the event of a breach of the
26 contract or in the event the grantee ceases operations in this
27 state.
28 5. Requiring the grantee, to the maximum extent
29 possible, to award preference in employment to residents of
30 this state, as defined by law, and requiring the grantee to be
31 an equal opportunity employer.
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1 6. Requiring the grantee to coordinate and comply with
2 the contracting requirements adopted by the Office of Supplier
3 Diversity under s. 287.09451 and with the ordinances,
4 including any small-business ordinances, enacted by the county
5 in which the biomedical research institution and campus are
6 located in this state.
7 7. Requiring the grantee, to the extent it is cost
8 effective, to make purchases from vendors in this state.
9 8. Requiring the grantee to use its best reasonable
10 efforts to work collaboratively with the state's research
11 institutions and public and private postsecondary educational
12 institutions.
13 9. Requiring the grantee to participate in
14 employee-recruitment activities at at least seven public
15 universities and seven community colleges in this state every
16 year during the duration of the contract. In selecting the
17 universities and community colleges, the grantee must, to the
18 maximum extent possible, concentrate recruitment efforts on a
19 statewide basis.
20 10. Requiring the grantee to use the Internet-based
21 job-listing system of the Agency for Workforce Innovation in
22 advertising employment opportunities.
23 11. Requiring the grantee to establish accredited
24 science degree programs.
25 12. Requiring the grantee to establish internship
26 programs to create learning opportunities for educators and
27 secondary, postsecondary, graduate, and doctoral students.
28 13. Requiring the grantee to submit data to the
29 corporation on the activities and performance during each
30 fiscal year and to provide to the corporation an annual
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1 accounting of the expenditure of funds disbursed under this
2 section.
3 14. Authorizing the grantee, when feasible, to use
4 information submitted by it to the Federal Government or to
5 other organizations awarding research grants to the grantee to
6 help meet reporting requirements imposed under this section or
7 the contract, if the information satisfies the reporting
8 standards of this section and the contract.
9 15. Requiring the grantee during the first 7 years of
10 the contract to create 545 positions and to acquire associated
11 research equipment for the grantee's facility in this state,
12 and pay for related maintenance of the equipment, in a total
13 amount of not less than $45 million.
14 16. Requiring the grantee to progress in the creation
15 of the total number of jobs prescribed in subparagraph 13. on
16 the following schedule: 38 positions in the 1st year, 168
17 positions in the 2nd year, 280 positions in the 3rd year, 367
18 positions in the 4th year, 436 positions in the 5th year, 500
19 positions in the 6th year, and 545 positions in the 7th year.
20 The board may allow the grantee to deviate downward from such
21 employee levels by 25 percent in any year, to allow the
22 grantee flexibility in achieving the objectives set forth in
23 the business plan provided to the corporation; however, the
24 grantee must have no fewer than 545 positions by the end of
25 the 7th year.
26 17. Requiring the grantee to authorize the Office of
27 Program Policy Analysis and Government Accountability to
28 inspect the records of the grantee to evaluate the compliance
29 of the grantee with law and the contract or to otherwise
30 evaluate the performance of the grantee.
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1 18. Requiring the grantee to purchase liability
2 insurance and governing the coverage level of such insurance.
3 (c) An amendment to the contract is not effective
4 unless it is approved by the affirmative vote of at least
5 seven of the nine members of the board of directors.
6 (9) PERFORMANCE MEASURES.--In addition to the
7 provisions prescribed in subsection (8), the contract between
8 the corporation and the grantee shall include performance
9 measures that must be satisfied by the grantee as a condition
10 for the continued disbursement of funds under this section,
11 including, but not limited to, performance measures
12 addressing:
13 (a) The number of jobs created and the average
14 salaries paid.
15 (b) The number and dollar value of research grants
16 obtained from the Federal Government or sources other than the
17 State of Florida.
18 (c) The percentage of total research dollars received
19 by The Scripps Research Institute from sources other than the
20 State of Florida which is used to conduct research activities
21 by the grantee in this state; however, this measure must
22 specify that the grantee will use at least 20 percent of such
23 research dollars in this state by 2011.
24 (d) The number of patents obtained by the grantee.
25 (e) The number and value of licensing agreements
26 executed by the grantee.
27 (f) The extent to which research conducted by the
28 grantee results in commercial applications.
29 (g) The number of collaborative agreements reached and
30 maintained with research institutions and colleges and
31 universities in this state.
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1 (h) The number of collaborative partnerships
2 established and maintained with businesses in this state.
3 (i) The total amount of funding received by the
4 grantee from sources other than the State of Florida.
5 (j) The number of spin-off businesses created in this
6 state as a result of commercialization of the research of the
7 grantee.
8 (k) The number of businesses recruited to this state
9 by the grantee.
10
11 The contract shall require the grantee to provide information
12 on these measures on an annual basis.
13 (10) DISBURSEMENTS.--
14 (a) The corporation shall disburse funds to the
15 grantee over a period of 7 calendar years starting in the
16 calendar year beginning January 1, 2004, under the terms and
17 conditions of the contract. The corporation shall complete
18 disbursement of the total amount of funds payable to the
19 grantee under the contract no later than December 31, 2010,
20 unless the grantee fails to satisfy the terms and conditions
21 of the contract. Any funds of the corporation that are not
22 disbursed by December 31, 2010, shall be paid to the
23 Biomedical Research Trust Fund of the Department of Health.
24 (b) The contract shall provide for a reduction or
25 elimination of funding in any year if:
26 1. The grantee is no longer operating in this state;
27 2. The grantee has failed to commit in writing to
28 maintain operations in the state for the succeeding year; or
29 3. The grantee commits a material default or breach of
30 the contract, as defined and governed by the contract.
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1 (c) Each disbursement by the corporation to the
2 grantee under this section is conditioned upon the affirmative
3 approval of at least seven of the nine members of the board of
4 directors and upon demonstration by the grantee that it has
5 met the particular contractual deliverables that are the basis
6 for that disbursement.
7 (11) USE OF FUNDS.--
8 (a) Funds appropriated in furtherance of this section
9 may not be expended outside of this state. However, upon the
10 approval of seven of the nine members of the board, funds may
11 be used outside this state for research, services, or
12 equipment that is directly related to the establishment or
13 operation of the grantee in this state and is not reasonably
14 available in this state.
15 (b) No funds appropriated in furtherance of this
16 section may be used for the purpose of lobbying any branch or
17 agency of state government or any political subdivision of the
18 state.
19 (12) REPAYMENT.--
20 (a) The contract between the corporation and the
21 grantee shall require the grantee to pay a portion of the
22 grantee's revenues to the state for deposit into the
23 Biomedical Research Trust Fund. Beginning in the year 2012,
24 the grantee shall repay the state $155 million, or the total
25 amount received by the grantee from the state, whichever is
26 less. The contract shall require the grantee to repay the
27 amount due in 15 equal annual installments. The board may
28 delay repayments or amend the contract if the board determines
29 by an affirmative vote of seven of the nine members that
30 making the payment would jeopardize the grantee's ability to
31 operate.
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1 (b) The contract shall also contain provisions
2 requiring the grantee to begin payments to the trust fund
3 before the year 2012 if the grantee is financially able to do
4 so without jeopardizing its operation.
5 (c) The contract also shall contain provisions
6 requiring the grantee to pay to the trust fund an amount equal
7 to the total amount of disbursements received under this
8 section if the grantee ceases to operate in this state before
9 the year 2019.
10 (13) ANNUAL REPORT.--By December 1 each year, the
11 corporation shall prepare a report of the activities and
12 outcomes under this section for the preceding fiscal year. The
13 report, at a minimum, must include:
14 (a) A description of the activities of the corporation
15 in managing and enforcing the contract with the grantee.
16 (b) An accounting of the amount of funds disbursed
17 during the preceding fiscal year to the grantee and a
18 description of the satisfaction of contract deliverables by
19 the grantee which served as the basis for the disbursements.
20 (c) An accounting of expenditures by the grantee
21 during the fiscal year of funds disbursed under this section.
22 (d) Information on the number of jobs created by the
23 grantee.
24 (e) Information on the amount and nature of economic
25 activity generated through the activities of the grantee.
26 (f) A detailed assessment of the progress in achieving
27 the return on investment associated with the grantee, as
28 projected by economists on behalf of the Executive Office of
29 Governor, of an additional $3.2 billion in gross state product
30 over a 15-year period, including an assessment of factors
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1 affecting the ability and likelihood to meet the projected
2 return on investment.
3 (g) A compliance and financial audit of the accounts
4 and records of the corporation at the end of the preceding
5 fiscal year conducted by an independent certified public
6 accountant in accordance with rules of the Auditor General.
7 (h) A compliance and financial audit of the accounts
8 and records of the grantee, related to the expenditure of
9 funds under this section, at the end of the preceding fiscal
10 year conducted by an independent certified public accountant.
11 (i) An assessment of the grantee's ability to comply
12 with the requirement to make repayment in accordance with
13 subsection (12).
14 (j) An assessment of the extent to which the grantee
15 is meeting its performance measures in accordance with
16 subsection (9).
17
18 The corporation shall submit the report to the Governor, the
19 President of the Senate, and the Speaker of the House of
20 Representatives.
21 (14) PROGRAM EVALUATION.--
22 (a) Before January 1, 2006, the Office of Program
23 Policy Analysis and Government Accountability shall conduct a
24 performance audit of the Office of Tourism, Trade, and
25 Economic Development, the corporation, and the grantee
26 relating to the provisions of this section. The audit shall
27 assess the implementation and outcomes of activities under
28 this section. At a minimum, the audit shall address:
29 1. Performance of the Office of Tourism, Trade, and
30 Economic Developments in providing oversight for funds
31 appropriated under this section.
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1 2. Performance of the corporation in managing and
2 enforcing the contract with the grantee.
3 3. Compliance by the corporation with the provisions
4 of this section and the provisions of the contract.
5 4. Performance by the grantee under the contract.
6 5. Economic activity generated through funds disbursed
7 under the contract, including, but not limited to, the number
8 of jobs created by the grantee.
9 6. The nature and level of interaction between the
10 grantee and educational institutions in the state.
11 (b) Before January 1, 2008, the Office of Program
12 Policy Analysis and Government Accountability shall update the
13 report required under this subsection. In addition to
14 addressing the items prescribed in paragraph (a), the updated
15 report shall include a recommendation on whether the
16 Legislature should retain the statutory authority for the
17 corporation.
18
19 A report of each audit's findings and recommendations shall be
20 submitted to the Governor, the President of the Senate, and
21 the Speaker of the House of Representatives. In completing the
22 performance audits required under this subsection, the Office
23 of Program Policy Analysis and Government Accountability shall
24 maximize the use of reports submitted by the grantee to the
25 Federal Government or to other organizations awarding research
26 grants to the grantee.
27 (15) LIABILITY.--
28 (a) The appropriation or disbursement of funds under
29 this section does not constitute a debt, liability, or
30 obligation of the State of Florida, any political subdivision
31
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1 thereof, or the corporation or a pledge of the faith and
2 credit of the state or of any such political subdivision.
3 (b) The appropriation or disbursement of funds under
4 this section does not subject the State of Florida, any
5 political subdivision thereof, or the corporation to liability
6 related to the research activities and research products of
7 the grantee.
8 Section 2. Joint Legislative Committee on Biomedical
9 Investment Oversight.--A Joint Legislative Committee on
10 Biomedical Investment Oversight is created to monitor the
11 economic development incentives and policy regarding the
12 biotechnology industry and related health and science fields,
13 including, but not limited to, implementation of the Scripps
14 Florida Funding Corporation and the corporation's contract
15 with the designated grantee under section 288.955, Florida
16 Statutes. The committee shall be composed of six members:
17 three Senators appointed by the President of the Senate and
18 three members of the House of Representatives appointed by the
19 Speaker of the House of Representatives. The chair and vice
20 chair shall be appointed for 1-year terms with the
21 appointments alternating between the President of the Senate
22 and the Speaker of the House of Representatives. The chair and
23 the vice chair may not be members of the same house of the
24 Legislature. Staff, at the discretion of the chair, may be
25 assigned to the committee.
26 Section 3. Subsections (3) and (15) of section
27 403.973, Florida Statutes, are amended to read:
28 403.973 Expedited permitting; comprehensive plan
29 amendments.--
30 (3)(a) The Governor, through the office, shall direct
31 the creation of regional permit action teams, for the purpose
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1 of expediting review of permit applications and local
2 comprehensive plan amendments submitted by:
3 1. Businesses creating at least 100 jobs, or
4 2. Businesses creating at least 50 jobs if the project
5 is located in an enterprise zone, or in a county having a
6 population of less than 75,000 or in a county having a
7 population of less than 100,000 which is contiguous to a
8 county having a population of less than 75,000, as determined
9 by the most recent decennial census, residing in incorporated
10 and unincorporated areas of the county, or
11 (b) On a case-by-case basis and at the request of a
12 county or municipal government, the office may certify as
13 eligible for expedited review a project not meeting the
14 minimum job creation thresholds but creating a minimum of 10
15 jobs. The recommendation from the governing body of the county
16 or municipality in which the project may be located is
17 required in order for the office to certify that any project
18 is eligible for expedited review under this paragraph. When
19 considering projects that do not meet the minimum job creation
20 thresholds but that are recommended by the governing body in
21 which the project may be located, the office shall consider
22 economic impact factors that include, but are not limited to:
23 1. The proposed wage and skill levels relative to
24 those existing in the area in which the project may be
25 located;
26 2. The project's potential to diversify and strengthen
27 the area's economy;
28 3. The amount of capital investment; and
29 4. The number of jobs that will be made available for
30 persons served by the welfare transition program.
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1 (c) At the request of a county or municipal
2 government, the office or a Quick Permitting County may
3 certify projects located in counties where the ratio of new
4 jobs per participant in the welfare transition program, as
5 determined by Workforce Florida, Inc., is less than one or
6 otherwise critical, as eligible for the expedited permitting
7 process. Such projects must meet the numerical job creation
8 criteria of this subsection, but the jobs created by the
9 project do not have to be high-wage jobs that diversify the
10 state's economy.
11 (d) Projects located in a designated brownfield area
12 are eligible for the expedited permitting process.
13 (e) Projects that are part of the state-of-the-art
14 biomedical research institution and campus to be established
15 in this state by the grantee under s. 288.955 are eligible for
16 the expedited permitting process.
17 (15)(a) Challenges to state agency action in the
18 expedited permitting process for projects processed under this
19 section are subject to the summary hearing provisions of s.
20 120.574, except that the administrative law judge's decision,
21 as provided in s. 120.574(2)(f), shall be in the form of a
22 recommended order and shall not constitute the final action of
23 the state agency. In those proceedings where the action of
24 only one agency of the state is challenged, the agency of the
25 state shall issue the final order within 10 working days of
26 receipt of the administrative law judge's recommended order.
27 In those proceedings where the actions of more than one agency
28 of the state are challenged, the Governor shall issue the
29 final order within 10 working days of receipt of the
30 administrative law judge's recommended order. The
31 participating agencies of the state may opt at the preliminary
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1 hearing conference to allow the administrative law judge's
2 decision to constitute the final agency action. If a
3 participating local government agrees to participate in the
4 summary hearing provisions of s. 120.574 for purposes of
5 review of local government comprehensive plan amendments, s.
6 163.3184(9) and (10) apply.
7 (b) Challenges to state agency action in the expedited
8 permitting process for establishment of a state-of-the-art
9 biomedical research institution and campus in this state by
10 the grantee under s. 288.955 are subject to the same
11 requirements as challenges brought under paragraph (a), except
12 that, notwithstanding s. 120.574, summary proceedings must be
13 conducted within 30 days after a party files the motion for
14 summary hearing, regardless of whether the parties agree to
15 the summary proceeding.
16 Section 4. (1) It is the intent of the Legislature to
17 use a portion of the funds provided by the Federal Government
18 under section 401(b) of the Jobs and Growth Tax Relief
19 Reconciliation Act of 2003 for the essential governmental
20 service of improving economic opportunities available to the
21 people of this state by attracting new or expanding businesses
22 to, and retaining businesses in, the state. Additionally, the
23 Legislature recognizes that the state spends billions of
24 dollars each year to treat major illnesses such as coronary
25 artery disease, Alzheimer's disease, diabetes, autoimmune
26 diseases, and cancer. It is further the intent of the
27 Legislature to use the funds so provided to advance the
28 essential government service of improving the health of the
29 people of this state by promoting research and development for
30 the prediction, treatment, prevention, and cure of disease.
31 Funding provided under this section will serve these essential
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1 government services and help accelerate the development of
2 biomedical research and development projects in the state.
3 (2) For fiscal year 2003-2004, the sum of $310 million
4 is appropriated from the General Revenue Fund to the Office of
5 Tourism, Trade, and Economic Development for the purpose of
6 funding for the Scripps Florida Funding Corporation created
7 under this act in the special category Grants and Aids to the
8 Scripps Florida Funding Corporation. Notwithstanding sections
9 216.181(16) and 216.351, Florida Statutes, the Office of
10 Tourism, Trade, and Economic Development shall disburse the
11 full appropriation to the corporation in one lump sum by
12 January 1, 2004. The disbursement of funds under this act
13 shall be subject to a contract executed by December 15, 2003,
14 between the office and the corporation.
15 Section 5. This act shall take effect upon becoming a
16 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 6-E
3
4 The committee substitute for Senate Bill 6-E:
5 Requires the Governor, the President of the Senate, and the
Speaker of the House of Representatives to make appointments
6 to the Scripps Florida Funding Corporation by November 30,
2003, and specifies that these board members serve at the
7 pleasure of the appointing officer.
8 Requires the grantee to comply with the contracting
requirements of the Office of Supplier Diversity and with
9 county ordinances.
10 Requires the grantee to use its best efforts to collaborate
with research institutions and public and private post
11 secondary educational institutions in this state.
12 Requires the grantee to engage in employee recruitment
activities at seven universities and seven community colleges
13 across the state.
14 Requires that the corporation include, in its annual report,
an audit report regarding the grantee's use of state funds
15 conducted by an independent certified public accountant.
16 Revises the prohibition on the use of state funds outside of
this state, to specify that the funds may only be used outside
17 of this state for limited purposes directly related to the
establishment or operation of the grantee in this state and
18 with the approval of the board.
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