Senate Bill sb0006Eer

CODING: Words stricken are deletions; words underlined are additions.


    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



  1                                 

  2         An act relating to economic development;

  3         creating s. 288.955, F.S.; creating the Scripps

  4         Florida Funding Corporation to facilitate the

  5         establishment and operation of a biomedical

  6         research institution for the purposes of

  7         enhancing education and research and promoting

  8         economic development and diversity; providing

  9         for its board of directors; prohibiting

10         conflicts of interest; providing penalties;

11         providing powers and duties of the corporation;

12         providing for investment of funds; requiring an

13         operating plan; requiring the corporation and

14         Scripps Florida or another entity operating

15         such an institution to enter into a contract;

16         specifying contract provisions; providing for

17         disbursement and reinvestment of funds;

18         requiring reports, audits, and evaluations;

19         providing for performance expectations;

20         providing conditions for disbursement of funds;

21         limiting the use of funds; providing

22         requirements for reinvestment; providing that

23         the appropriation of funds does not constitute

24         a debt of the state or a subdivision of the

25         state nor does it subject the state or a

26         subdivision to liability; providing legislative

27         intent with respect to creating economic

28         opportunity and improving public health through

29         the establishment of a biomedical research

30         institution; amending s. 20.435, F.S.;

31         providing for the deposit of certain funds into


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1         the Biomedical Research Trust Fund within the

 2         Department of Health; abrogating provisions

 3         relating to the termination of the trust fund;

 4         amending s. 403.973, F.S.; specifying that

 5         projects that are part of the biomedical

 6         research institution and campus are eligible

 7         for the expedited permitting process; providing

 8         for challenges to state agency action in

 9         expedited permitting related to the institution

10         and campus; providing legislative intent with

11         respect to the use of certain funds provided by

12         the Federal Government; requiring the Office of

13         Tourism, Trade, and Economic Development to

14         request certain disbursements; providing for

15         the reversion of funds to the General Revenue

16         Fund under certain circumstances; describing

17         the authority of the county in which a facility

18         established under the act is located with

19         respect to water and wastewater facilities;

20         providing for an extension of the contract

21         deadline under certain circumstances in which

22         the grantee cannot meet the conditions of the

23         contract; amending s. 288.1088, F.S., relating

24         to the Quick Action Closing Fund; requiring a

25         recommendation by the Executive Office of the

26         Governor; providing requirements for such

27         recommendation; providing appropriations;

28         providing an effective date.

29  

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

31  


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1         Section 1.  Section 288.955, Florida Statutes, is

 2  created to read:

 3         288.955  Scripps Florida Funding Corporation.--

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

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

 6  corporation and the grantee under this section.

 7         (b)  "Corporation" means the Scripps Florida Funding

 8  Corporation created under this section.

 9         (c)  "Grantee" means The Scripps Research Institute, a

10  not-for-profit public benefit corporation, or a division,

11  subsidiary, affiliate, or entity formed by The Scripps

12  Research Institute to establish a state-of-the-art biomedical

13  research institution and campus in this state.

14         (2)  CREATION.--

15         (a)  There is created a not-for-profit corporation

16  known as the Scripps Florida Funding Corporation, which shall

17  be registered, incorporated, organized, and operated under

18  chapter 617.

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

20  government. However, the corporation is subject to the

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

22  chapter 119, relating to public meetings and records, and the

23  provisions of chapter 286 relating to public meetings and

24  records.

25         (c)  The corporation must establish at least one

26  corporate office in this state and appoint a registered agent.

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

28  staff necessary to the proper execution of its powers and

29  duties within the funds appropriated to implement this section

30  and shall require that all officers, directors, and employees

31  of the corporation comply with the code of ethics for public


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  officers and employees under part III of chapter 112. In no

 2  case may the corporation expend more than $300,000 in the

 3  first year and $200,000 per year thereafter for staffing and

 4  necessary administrative expenditures, including, but not

 5  limited to, travel and per diem and audit expenditures, using

 6  funds appropriated to implement this section.

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

 8  Development shall provide administrative support to the

 9  corporation as requested by the corporation. In the event of

10  the dissolution of the corporation, the office shall be the

11  corporation's successor in interest and shall assume all

12  rights, duties, and obligations of the corporation under any

13  contract to which the corporation is then a party and under

14  law.

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

16  receive, hold, invest, administer, and disburse funds

17  appropriated by the Legislature for the establishment and

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

19  institution and campus in this state by The Scripps Research

20  Institute. The corporation shall safeguard the state's

21  commitment of financial support by ensuring that, as a

22  condition for the receipt of these funds, the grantee meets

23  its contractual obligations. In this manner, the corporation

24  shall facilitate and oversee the state goal and public purpose

25  of providing financial support for the institution and campus

26  in order to expand the amount and prominence of biomedical

27  research conducted in this state, provide an inducement for

28  high-technology businesses to locate in this state, create

29  educational opportunities through access to and partnerships

30  with the institution, and promote improved health care through

31  the scientific outcomes of the institution.


                                  4

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



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

 2  governed by a board of directors.

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

 4  voting members, of whom the Governor shall appoint three, the

 5  President of the Senate shall appoint three, and the Speaker

 6  of the House of Representatives shall appoint three. The

 7  director of the Office of Tourism, Trade, and Economic

 8  Development or the director's designee shall serve as an

 9  ex-officio, nonvoting member of the board of directors.

10         (b)  Each member of the board of directors shall serve

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

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

13  Representatives each shall appoint one member for a term of 1

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

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

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

17  the board, except, however, that a member appointed to an

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

19  additional term of 4 years, and a person appointed to fill a

20  vacancy with 2 years or less remaining on the term may be

21  reappointed for an additional term of 4 years. The Governor,

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

23  Representatives shall make their initial appointments to the

24  board by November 15, 2003.

25         (c)  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.


                                  5

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



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

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

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

 8  The Scripps Research Institute or any of its affiliate

 9  organizations within 5 years before appointment. A person

10  appointed to the board of directors must agree to refrain from

11  having any direct interest in any contract, franchise,

12  privilege, or other benefit granted by The Scripps Research

13  Institute or any of its affiliate organizations during the

14  term of his or her appointment and for 5 years after the

15  termination of such appointment. It is a misdemeanor of the

16  first degree, punishable as provided in s. 775.083 or s.

17  775.084, for a person to accept appointment to the board of

18  directors in violation of this paragraph or to accept a direct

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

20  benefit granted by the institution or affiliate within 5 years

21  after the termination of his or her service on the board.

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

23  without compensation, but shall receive travel and per diem

24  expenses as provided in s. 112.061 while in the performance of

25  his or her duties.

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

27  accountable for the proper performance of the duties of

28  office, and each member owes a fiduciary duty to the people of

29  the state to ensure that funds provided in furtherance of this

30  section are disbursed and used as prescribed by law and

31  contract. The Governor, the President of the Senate, or the


                                  6

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  Speaker of the House of Representatives, according to which

 2  officer appointed the member, may remove a member for

 3  malfeasance, misfeasance, neglect of duty, incompetence,

 4  permanent inability to perform official duties, unexcused

 5  absence from three consecutive meetings of the board, arrest

 6  or indictment for a crime that is a felony or a misdemeanor

 7  involving theft or a crime of dishonesty, or pleading nolo

 8  contendere to, or being found guilty of, any crime.

 9         (5)  ORGANIZATION; MEETINGS.--

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

11  chairperson and a vice chairperson from among the board's

12  members. The members may, by a vote of five of the nine board

13  members, remove a member from the position of chairperson or

14  vice chairperson prior to the expiration of his or her term as

15  chairperson or vice chairperson. His or her successor shall be

16  elected to serve for the balance of the removed chairperson's

17  or vice chairperson's term.

18         2.  The chairperson is responsible to ensure that

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

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

21  with the board; the minutes of meetings of the board; and the

22  official seal of the corporation.

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

24  of the chairperson or at the request of a majority of the

25  members, but no less than three times per calendar year.

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

27  directors constitutes a quorum. Except as otherwise provided

28  in this section, the board may take official action by a

29  majority vote of the members present at any meeting at which a

30  quorum is present. Members may not vote by proxy.

31  


                                  7

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



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

 2  of the board by telephone or videoconference through which

 3  each member may hear every other member.

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

 5  to receive, hold, invest, administer, and disburse funds

 6  appropriated by the Legislature in support of this section and

 7  to disburse any income generated from the investment of these

 8  funds consistent with the purpose and provisions of this

 9  section. In addition to the powers and duties prescribed in

10  chapter 617 and the articles and bylaws adopted under that

11  chapter, the corporation:

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

13  other functions that are necessary to carry out the provisions

14  of this section.

15         (b)  May enter into leases and contracts for the

16  purchase of real property and hold notes, mortgages,

17  guarantees, or security agreements to secure the performance

18  of obligations of the grantee under the contract.

19         (c)  May perform all acts and things necessary or

20  convenient to carry out the powers expressly granted in this

21  section and a contract entered into between the corporation

22  and the grantee.

23         (d)  May make expenditures, from funds provided by this

24  state, including any necessary administrative expenditures

25  consistent with its powers.

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

27  on behalf of, directors, officers, and employees of the

28  corporation against any personal liability or accountability.

29         (f)  Shall disburse funds pursuant to the provisions of

30  this section and a contract entered into between the

31  corporation and the grantee.


                                  8

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1         (g)  Shall receive and review reports and financial

 2  documentation provided by the grantee to ensure compliance

 3  with the provisions of this section and provisions of the

 4  contract.

 5         (h)  Shall prepare an annual report as prescribed in

 6  subsection (14).

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

 8  into an agreement with the State Board of Administration under

 9  which funds received by the corporation from the Office of

10  Tourism, Trade, and Economic Development which are not

11  disbursed to the grantee shall be invested by the State Board

12  of Administration on behalf of the corporation. Funds shall be

13  invested in suitable instruments authorized under s. 215.47

14  and specified in investment guidelines established and agreed

15  to by the State Board of Administration and the corporation.

16         (8)  CONTRACT.--

17         (a)  By January 30, 2004, the corporation shall

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

19  of 20 years. Such contract shall govern the disbursement and

20  use of funds under this section. The board may, by a simple

21  majority vote, authorize one 45-day extension of this

22  deadline. The corporation may not execute the contract unless

23  the contract is approved by the affirmative vote of at least

24  seven of the nine members of the board of directors. At least

25  14 days before execution of the contract, The Scripps Research

26  Institute must submit to the board, the Governor, the

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

28  Representatives an organizational plan, in a form and manner

29  prescribed by the board, for the establishment of a

30  state-of-the-art biomedical research institution and campus in

31  this state, and the board must submit a copy of the proposed


                                  9

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  contract to the Governor, the President of the Senate, and the

 2  Speaker of the House of Representatives.

 3         (b)  The contract, at a minimum, must contain

 4  provisions:

 5         1.  Specifying the procedures and schedules that govern

 6  the disbursement of funds under this section and specifying

 7  the conditions or deliverables that the grantee must satisfy

 8  before the release of each disbursement.

 9         2.  Requiring the grantee to submit to the corporation

10  a business plan in a form and manner prescribed by the

11  corporation.

12         3.  Prohibiting The Scripps Research Institute or the

13  grantee from establishing other biomedical science or research

14  facilities in any state other than this state or California

15  for a period of 12 years from the commencement of the

16  contract. Nothing in this subparagraph shall prohibit the

17  grantee from establishing or engaging in normal collaborative

18  activities with other organizations.

19         4.  Governing the ownership of or security interests in

20  real property and personal property, including, but not

21  limited to, research equipment, obtained through the financial

22  support of state or local government, including a provision

23  that in the event of a breach of the contract or in the event

24  the grantee ceases operations in this state, such property

25  purchased with state funds shall revert to the state and such

26  property purchased with local funds shall revert to the local

27  governing authority.

28         5.  Requiring the grantee to be an equal opportunity

29  employer.

30         6.  Requiring the grantee to maintain a policy of

31  awarding preference in employment to residents of this state,


                                  10

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  as defined by law, except for professional scientific staff

 2  positions requiring a doctoral degree, postdoctoral training

 3  positions, and graduate student positions.

 4         7.  Requiring the grantee to maintain a policy of

 5  making purchases from vendors in this state, to the extent it

 6  is cost-effective and scientifically sound.

 7         8.  Requiring the grantee to use the Internet-based

 8  job-listing system of the Agency for Workforce Innovation in

 9  advertising employment opportunities.

10         9.  Requiring the grantee to establish accredited

11  science degree programs.

12         10.  Requiring the grantee to establish internship

13  programs to create learning opportunities for educators and

14  secondary, postsecondary, graduate, and doctoral students.

15         11.  Requiring the grantee to submit data to the

16  corporation on the activities and performance during each

17  fiscal year and to provide to the corporation an annual

18  accounting of the expenditure of funds disbursed under this

19  section.

20         12.  Establishing that the corporation shall review the

21  activities of the grantee to assess the grantee's financial

22  and operational compliance with the provisions of the contract

23  and with relevant provisions of law.

24         13.  Authorizing the grantee, when feasible, to use

25  information submitted by it to the Federal Government or to

26  other organizations awarding research grants to the grantee to

27  help meet reporting requirements imposed under this section or

28  the contract, if the information satisfies the reporting

29  standards of this section and the contract.

30         14.  Requiring the grantee during the first 7 years of

31  the contract to create 545 positions and to acquire associated


                                  11

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



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

 2  and pay for related maintenance of the equipment, in a total

 3  amount of not less than $45 million.

 4         15.  Requiring the grantee to progress in the creation

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

 6  the following schedule: At least 38 positions in the 1st year,

 7  168 positions in the 2nd year, 280 positions in the 3rd year,

 8  367 positions in the 4th year, 436 positions in the 5th year,

 9  500 positions in the 6th year, and 545 positions in the 7th

10  year. The board may allow the grantee to deviate downward from

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

12  grantee flexibility in achieving the objectives set forth in

13  the business plan provided to the corporation; however, the

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

15  the 7th year.

16         16.  Requiring the grantee to allow the corporation to

17  retain an independent certified public accountant licensed in

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

19  the grantee in order to audit the expenditure of funds

20  disbursed to the grantee. The independent certified public

21  accountant shall not disclose any confidential or proprietary

22  scientific information of the grantee.

23         17.  Requiring the grantee to purchase liability

24  insurance and governing the coverage level of such insurance.

25         (c)  An amendment to the contract is not effective

26  unless it is approved by the affirmative vote of at least

27  seven of the nine members of the board of directors.

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

29  provisions prescribed in subsection (8), the contract between

30  the corporation and the grantee shall include a provision that

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


                                  12

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  and Economic Development, shall report to the corporation on

 2  performance expectations that reflect the aspirations of the

 3  Governor and the Legislature for the benefits accruing to this

 4  state as a result of the funds appropriated pursuant to this

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

 6  performance expectations addressing:

 7         (a)  The number and dollar value of research grants

 8  obtained from the Federal Government or sources other than

 9  this state.

10         (b)  The percentage of total research dollars received

11  by The Scripps Research Institute from sources other than this

12  state which is used to conduct research activities by the

13  grantee in this state.

14         (c)  The number or value of patents obtained by the

15  grantee.

16         (d)  The number or value of licensing agreements

17  executed by the grantee.

18         (e)  The extent to which research conducted by the

19  grantee results in commercial applications.

20         (f)  The number of collaborative agreements reached and

21  maintained with colleges and universities in this state and

22  with research institutions in this state, including agreements

23  that foster participation in research opportunities by public

24  and private colleges and universities and research

25  institutions in this state with significant minority

26  populations, including historically black colleges and

27  universities.

28         (g)  The number of collaborative partnerships

29  established and maintained with businesses in this state.

30         (h)  The total amount of funding received by the

31  grantee from sources other than the State of Florida.


                                  13

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1         (i)  The number or value of spin off businesses created

 2  in this state as a result of commercialization of the research

 3  of the grantee.

 4         (j)  The number or value of businesses recruited to

 5  this state by the grantee.

 6         (k)  The establishment and implementation of policies

 7  to promote supplier diversity using the guidelines developed

 8  by the Office of Supplier Diversity under s. 287.09451 and to

 9  comply with the ordinances, including any small-business

10  ordinances, enacted by the county and which are applicable to

11  the biomedical research institution and campus located in this

12  state.

13         (l)  The designation by the grantee of a representative

14  to coordinate with the Office of Supplier Diversity.

15         (m)  The establishment and implementation of a program

16  to conduct workforce recruitment activities at public and

17  private colleges and universities and community colleges in

18  this state which request the participation of the grantee.

19  

20  The contract shall require the grantee to provide information

21  to the corporation on the progress in meeting these

22  performance expectation on an annual basis. It is the intent

23  of the Legislature that, in fulfilling its obligation to work

24  with Florida's public and private colleges and universities,

25  Scripps Florida work with such colleges and universities

26  regardless of size.

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

28  provisions prescribed in subsection (8), the contract between

29  the corporation and the grantee shall include disbursement

30  conditions that must be satisfied by the grantee as a

31  condition for the continued disbursement of funds under this


                                  14

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  section. These disbursement conditions shall be negotiated

 2  between the corporation and the grantee and shall not be

 3  designed to impede the ability of the grantee to attain full

 4  operational status. The disbursement conditions may be

 5  appropriately varied as to timeframes, numbers, values, and

 6  percentages. The disbursement conditions shall include, but

 7  are not limited to, the following areas:

 8         (a)  Demonstrate creation of jobs and report on the

 9  average salaries paid.

10         (b)  Beginning 18 months after the grantee's occupancy

11  of its permanent facility, the grantee shall annually obtain

12  $100,000 of nonstate funding for each full-time equivalent

13  tenured-track faculty member employed at the Florida facility.

14         (c)  No later than 3 years after the grantee's

15  occupancy of its permanent facility, the grantee shall apply

16  to the relevant accrediting agency for accreditation of its

17  Florida graduate program.

18         (d)  The grantee shall purchase equipment for its

19  Florida facility as scheduled in its contract with the

20  corporation.

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

22  permanent facility, the grantee shall establish a program for

23  qualified graduate students from Florida universities

24  permitting them access to the facility for doctoral,

25  thesis-related research.

26         (f)  No later than 18 months after occupancy of the

27  permanent facility, the grantee shall establish a summer

28  internship for high school students.

29         (g)  No later than 3 years after occupancy of the

30  permanent facility, the grantee shall establish a research

31  program for middle and high school teachers.


                                  15

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1         (h)  No later than 18 months after occupancy of the

 2  permanent facility, the grantee shall establish a program for

 3  adjunct professors.

 4         (i)  No later than 6 months after commissioning it high

 5  throughput technology, the grantee shall establish a program

 6  to allow open access for qualified science projects.

 7         (j)  Beginning June 2004, the grantee shall commence

 8  collaborative efforts with Florida public and private colleges

 9  and universities, and shall continue cooperative collaboration

10  through the term of the agreement.

11         (k)  Beginning 18 months after the grantee occupies the

12  permanent facility, the grantee shall establish an annual

13  seminar series featuring a review of the science work done by

14  the grantee and its collaborators at the Florida facility.

15         (l)  Beginning June 2004, the grantee shall commence

16  collaboration efforts with the Office of Tourism, Trade, and

17  Economic Development by complying with reasonable requests for

18  cooperation in economic development efforts in the

19  biomed/biotech industry. No later than July 2004, the grantee

20  shall designate a person who shall be charged with assisting

21  in these collaborative efforts.

22         (11)  DISBURSEMENTS.--

23         (a)  The corporation shall disburse funds to the

24  grantee over a period of 7 calendar years starting in the

25  calendar year beginning January 1, 2004, under the terms and

26  conditions of the contract. The corporation shall complete

27  disbursement of the total amount of funds payable to the

28  grantee under the contract no later than December 31, 2010,

29  unless the grantee fails to satisfy the terms and conditions

30  of the contract. Any funds of the corporation that are not

31  


                                  16

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  disbursed by December 31, 2010, shall be paid to the

 2  Biomedical Research Trust Fund of the Department of Health.

 3         (b)  The contract shall provide for a reduction or

 4  elimination of funding in any year if:

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

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

 7  maintain operations in the state for the succeeding year; or

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

 9  the contract, as defined and governed by the contract.

10  Determination of material default or breach of contract shall

11  require the affirmative vote of at least seven of the nine

12  members of the board.

13         (c)  Each disbursement by the corporation to the

14  grantee under this section is conditioned upon the affirmative

15  approval of at least five of the nine members of the board of

16  directors and upon demonstration by the grantee that it has

17  met the particular contractual deliverables that are the basis

18  for that disbursement.

19         (12)  USE OF FUNDS.--

20         (a)  Funds appropriated in furtherance of this section

21  may not be disbursed or expended for activities that do not

22  principally benefit or that are not directly related to the

23  establishment or operation of the grantee in this state,

24  except upon approval of the affirmative vote of at least seven

25  of the nine members of the board of directors.

26         (b)  No funds appropriated in furtherance of this

27  section may be used for the purpose of lobbying any branch or

28  agency of state government or any political subdivision of the

29  state.

30         (c)  The grantee must provide for separate accounts for

31  any funds appropriated in furtherance of this section and


                                  17

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  separate books and records relating to the Scripps Research

 2  Institute's Florida operation.

 3         (13)  REINVESTMENT.--

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

 5  royalty revenues, including the revenues from the sale of

 6  stock, received by The Scripps Research Institute from the

 7  licensing or transfer of inventions, methods, processes, and

 8  other patentable discoveries conceived or reduced to practice

 9  using the grantee's Florida facilities or Florida employees,

10  in whole or in part, and to which the grantee becomes entitled

11  during the 20 years following the effective date of the

12  contract between the corporation and the grantee. For purposes

13  of this paragraph, the term "net royalty revenues" means all

14  royalty revenues less the cost of obtaining, maintaining, and

15  enforcing related patent and intellectual property rights,

16  both foreign and domestic. Reinvestment payments under this

17  paragraph shall commence no later than 6 months after the

18  grantee has received the final disbursement under the contract

19  and shall continue until the maximum reinvestment has been

20  paid.

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

22  revenues it receives from naming opportunities associated with

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

24  section, the term "naming opportunities" includes charitable

25  donations from any person or entity in consideration for the

26  right to have all or a portion of the facility named for or in

27  the memory of any person, living or dead, or for any entity.

28  The obligation to make reinvestment payments under this

29  section shall commence upon the execution of the contract

30  between the corporation and the grantee.

31  


                                  18

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  All reinvestment payments made pursuant to this section shall

 2  be remitted to the state for deposit in the Biomedical

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

 4  another trust fund that supports biomedical research, as

 5  determined by law. The maximum reinvestment required of the

 6  grantee pursuant to this subsection shall not exceed $200

 7  million. At such time as the reinvestment payments equal $155

 8  million or the contract expires, whichever is earlier, the

 9  board of the corporation shall determine whether the

10  performance expectations and disbursement conditions have been

11  met. If the board determines that the performance expectations

12  and disbursement conditions have been met, the amount of $200

13  million shall be reduced to $155 million. The grantee shall

14  annually submit a schedule of the shares of stock held by it

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

16  report on any trades or activity concerning such stock. The

17  grantee's obligations under this subsection shall survive the

18  expiration or termination of the contract between the

19  corporation and the grantee.

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

21  corporation shall prepare a report of the activities and

22  outcomes under this section for the preceding fiscal year. The

23  report, at a minimum, must include:

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

25  in managing and enforcing the contract with the grantee.

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

27  during the preceding fiscal year to the grantee.

28         (c)  An accounting of expenditures by the grantee

29  during the fiscal year of funds disbursed under this section.

30  

31  


                                  19

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



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

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

 3  of jobs created for residents of this state.

 4         (e)  Information on the amount and nature of economic

 5  activity generated through the activities of the grantee.

 6         (f)  An assessment of factors affecting the progress

 7  toward achieving the projected biotech industry cluster

 8  associated with the grantee's operations, as projected by

 9  economists on behalf of the Executive Office of the Governor.

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

11  and records of the corporation at the end of the preceding

12  fiscal year conducted by an independent certified public

13  accountant in accordance with rules of the Auditor General.

14         (h)  A description of the status of the performance

15  expectations under subsection (9) and the disbursement

16  conditions under subsection (10).

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         (15)  PROGRAM EVALUATION.--

22         (a)  Before January 1, 2007, 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 and the corporation relating to the

26  provisions of this section. The audit shall assess the

27  implementation and outcomes of activities under this section.

28  At a minimum, the audit shall address:

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

30  Economic Development in disbursing funds appropriated under

31  this section.


                                  20

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 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.  Economic activity generated through funds disbursed

 6  under the contract.

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

 8  Policy Analysis and Government Accountability shall update the

 9  report required under this subsection. In addition to

10  addressing the items prescribed in paragraph (a), the updated

11  report shall include a recommendation on whether the

12  Legislature should retain the statutory authority for the

13  corporation.

14  

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

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

17  the Speaker of the House of Representatives. In completing the

18  performance audits required under this subsection, the Office

19  of Program Policy Analysis and Government Accountability shall

20  maximize the use of reports submitted by the grantee to the

21  Federal Government or to other organizations awarding research

22  grants to the grantee.

23         (16)  LIABILITY.--

24         (a)  The appropriation or disbursement of funds under

25  this section does not constitute a debt, liability, or

26  obligation of the State of Florida, any political subdivision

27  thereof, or the corporation or a pledge of the faith and

28  credit of the state or of any such political subdivision.

29         (b)  The appropriation or disbursement of funds under

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

31  political subdivision thereof, or the corporation to liability


                                  21

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  related to the research activities and research products of

 2  the grantee.

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

 4  20.435, Florida Statutes, is amended to read:

 5         20.435  Department of Health; trust funds.--

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

 7  be administered by the Department of Health:

 8         (h)  Biomedical Research Trust Fund.

 9         1.  Funds to be credited to the trust fund shall

10  consist of funds deposited pursuant to s. 215.5601. Funds

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

12  Biomedical Research Program as specified in ss. s. 215.5602

13  and 288.955. The trust fund is exempt from the service charges

14  imposed by s. 215.20.

15         2.  Notwithstanding the provisions of s. 216.301 and

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

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

18  end of the year and shall be available for carrying out the

19  purposes of the trust fund.

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

21  terminated on July 1, 2004.

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

23  403.973, Florida Statutes, are amended to read:

24         403.973  Expedited permitting; comprehensive plan

25  amendments.--

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

27  the creation of regional permit action teams, for the purpose

28  of expediting review of permit applications and local

29  comprehensive plan amendments submitted by:

30         1.  Businesses creating at least 100 jobs, or

31  


                                  22

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



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

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

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

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

 5  county having a population of less than 75,000, as determined

 6  by the most recent decennial census, residing in incorporated

 7  and unincorporated areas of the county, or

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

 9  county or municipal government, the office may certify as

10  eligible for expedited review a project not meeting the

11  minimum job creation thresholds but creating a minimum of 10

12  jobs. The recommendation from the governing body of the county

13  or municipality in which the project may be located is

14  required in order for the office to certify that any project

15  is eligible for expedited review under this paragraph. When

16  considering projects that do not meet the minimum job creation

17  thresholds but that are recommended by the governing body in

18  which the project may be located, the office shall consider

19  economic impact factors that include, but are not limited to:

20         1.  The proposed wage and skill levels relative to

21  those existing in the area in which the project may be

22  located;

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

24  the area's economy;

25         3.  The amount of capital investment; and

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

27  persons served by the welfare transition program.

28         (c)  At the request of a county or municipal

29  government, the office or a Quick Permitting County may

30  certify projects located in counties where the ratio of new

31  jobs per participant in the welfare transition program, as


                                  23

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  determined by Workforce Florida, Inc., is less than one or

 2  otherwise critical, as eligible for the expedited permitting

 3  process. Such projects must meet the numerical job creation

 4  criteria of this subsection, but the jobs created by the

 5  project do not have to be high-wage jobs that diversify the

 6  state's economy.

 7         (d)  Projects located in a designated brownfield area

 8  are eligible for the expedited permitting process.

 9         (e)  Projects that are part of the state-of-the-art

10  biomedical research institution and campus to be established

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

12  the expedited permitting process, if the projects are

13  designated as part of the institution or campus by the board

14  of county commissioners of the county in which the institution

15  and campus are established.

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

17  public hearing to execute a memorandum of agreement for each

18  qualified project. Notwithstanding any other provision of law,

19  and at the option of the local government, the workshop

20  provided for in subsection (6) may be conducted on the same

21  date as the public hearing held under this subsection. The

22  memorandum of agreement that a local government signs shall

23  include a provision identifying necessary local government

24  procedures and time limits that will be modified to allow for

25  the local government decision on the project within 90 days.

26  The memorandum of agreement applies to projects, on a

27  case-by-case basis, that qualify for special review and

28  approval as specified in this section. The memorandum of

29  agreement must make it clear that this expedited permitting

30  and review process does not modify, qualify, or otherwise

31  


                                  24

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  alter existing local government nonprocedural standards for

 2  permit applications, unless expressly authorized by law.

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

 4  expedited permitting process for projects processed under this

 5  section are subject to the summary hearing provisions of s.

 6  120.574, except that the administrative law judge's decision,

 7  as provided in s. 120.574(2)(f), shall be in the form of a

 8  recommended order and shall not constitute the final action of

 9  the state agency. In those proceedings where the action of

10  only one agency of the state is challenged, the agency of the

11  state shall issue the final order within 10 working days of

12  receipt of the administrative law judge's recommended order.

13  In those proceedings where the actions of more than one agency

14  of the state are challenged, the Governor shall issue the

15  final order within 10 working days of receipt of the

16  administrative law judge's recommended order. The

17  participating agencies of the state may opt at the preliminary

18  hearing conference to allow the administrative law judge's

19  decision to constitute the final agency action. If a

20  participating local government agrees to participate in the

21  summary hearing provisions of s. 120.574 for purposes of

22  review of local government comprehensive plan amendments, s.

23  163.3184(9) and (10) apply.

24         (b)  Challenges to state agency action in the expedited

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

26  biomedical research institution and campus in this state by

27  the grantee under s. 288.955 are subject to the same

28  requirements as challenges brought under paragraph (a), except

29  that, notwithstanding s. 120.574, summary proceedings must be

30  conducted within 30 days after a party files the motion for

31  


                                  25

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  summary hearing, regardless of whether the parties agree to

 2  the summary proceeding.

 3         Section 4.  Notwithstanding any other provision of law,

 4  the county in which the projects that are part of or ancillary

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

 6  campus to be established in this state by the grantee under

 7  section 288.955, Florida Statutes, are to be located shall

 8  have the exclusive right, which right may be assigned in whole

 9  or in part by the governing body of the county in its sole

10  discretion, to provide water and wastewater services to such

11  projects to the extent deemed necessary by the governing body

12  of the county. The county may plan, acquire, construct,

13  reconstruct, enlarge or extend, operate, and maintain water

14  and wastewater systems and facilities within or without the

15  boundaries of such projects for the provision of water and

16  wastewater services.

17         Section 5.  (1)  It is the intent of the Legislature to

18  use a portion of the funds provided by the Federal Government

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

20  Reconciliation Act of 2003 for the essential governmental

21  service of improving economic opportunities available to the

22  people of this state by attracting new or expanding businesses

23  to, and retaining businesses in, the state. Additionally, the

24  Legislature recognizes that the state spends billions of

25  dollars each year to treat major illnesses such as coronary

26  artery disease, Alzheimer's disease, diabetes, autoimmune

27  diseases, and cancer. It is further the intent of the

28  Legislature to use the funds so provided to advance the

29  essential government service of improving the health of the

30  people of this state by promoting research and development for

31  the prediction, treatment, prevention, and cure of disease.


                                  26

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  Funding provided under this section will serve these essential

 2  government services and help accelerate the development of

 3  biomedical research and development projects in the state.

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

 5  is appropriated from the General Revenue Fund to the Office of

 6  Tourism, Trade, and Economic Development for the purpose of

 7  funding for the Scripps Florida Funding Corporation created

 8  under this act in the special category Grants and Aids to the

 9  Scripps Florida Funding Corporation. Notwithstanding sections

10  216.181(16) and 216.351, Florida Statutes, the Office of

11  Tourism, Trade, and Economic Development shall request

12  disbursement from the Chief Financial Officer of $300,000 to

13  cover the staffing and administrative expenses of the

14  corporation as soon as the corporation is formed.

15  Notwithstanding sections 216.181(16) and 216.351, Florida

16  Statutes, the Office of Tourism, Trade, and Economic

17  Development shall request disbursement from the Chief

18  Financial Officer of the balance of the appropriation to the

19  corporation in one lump sum upon the execution of the contract

20  between the Scripps Florida Funding Corporation and the

21  grantee, and such disbursement shall be subject to a contract

22  executed between the office and the corporation. In the event

23  the corporation and the grantee are unable to execute the

24  contract after reasonable efforts, all funds appropriated to

25  the corporation in furtherance of this act shall revert to the

26  General Revenue Fund unallocated. In the event that the

27  contract is terminated for breach or otherwise, all funds not

28  yet disbursed to the grantee shall be immediately returned to

29  the General Revenue Fund unallocated.

30         Section 6.  Force majeure.--Notwithstanding any other

31  provisions contained in this act, if the grantee is prevented


                                  27

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  from timely achieving any deadlines set forth in this act due

 2  to its inability to occupy its permanent Florida facility

 3  within 2 years after entering into the memorandum of agreement

 4  pursuant to section 403.973, Florida Statutes, as a result of

 5  permitting delays and related administrative or judicial

 6  proceedings, acts of God, labor disturbances, or other similar

 7  events beyond the control of the grantee, the deadline shall

 8  be extended by the number of days by which the grantee was

 9  delayed in commencing its occupancy of its permanent Florida

10  facility. In no event shall the extension be for more than 4

11  years. Upon the occurrence of a force majeure event, the

12  Scripps Florida Funding Corporation shall continue to fund the

13  grantee at a level that permits it to sustain its current

14  level of operations until the force majeure event ceases and

15  the grantee is able to resume the contract schedule governing

16  disbursement.

17         Section 7.  Paragraph (b) of subsection (3) of section

18  288.1088, Florida Statutes, is amended to read:

19         288.1088  Quick Action Closing Fund.--

20         (3)

21         (b)  Upon receipt of the evaluation and recommendation

22  from Enterprise Florida, Inc., the director shall recommend

23  approval or disapproval of a project for receipt of funds from

24  the Quick Action Closing Fund to the Governor. In recommending

25  a project, the director shall include proposed performance

26  conditions that the project must meet to obtain incentive

27  funds. The Governor shall consult with the President of the

28  Senate and the Speaker of the House of Representatives before

29  giving final approval for a project. The Executive Office of

30  the Governor shall recommend approval of a project and the

31  release of funds pursuant to the legislative consultation and


                                  28

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2003 Legislature     CS for CS for SB 6-E, 2nd Engrossed (ntc)



 1  review requirements set forth in s. 216.177. The

 2  recommendation must include proposed performance conditions

 3  that the project must meet in order to obtain funds.

 4         Section 8.  This act shall take effect upon becoming a

 5  law.

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  29

CODING: Words stricken are deletions; words underlined are additions.