HB 1425

1
A bill to be entitled
2An act relating to the Technological Research and
3Development Authority, Brevard County; codifying,
4amending, reenacting, and repealing special acts relating
5to the district; providing purposes of the authority;
6setting a commission to govern the authority; prescribing
7the duties and responsibilities of the commission and
8terms of office; providing a procedure for the appointment
9of the commission; providing for liberal construction;
10providing severability; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Pursuant to section 189.429, Florida Statutes,
15this act constitutes the codification of all special acts
16relating to the Technological Research and Development
17Authority, Brevard County. It is the intent of the Legislature
18in enacting this law to provide a single, comprehensive special
19act charter for the authority, including all current legislative
20authority granted to the district by its several legislative
21enactments and any additional authority granted by this act. It
22is further the intent of this act to preserve all district
23authority.
24     Section 2.  Chapters 87-497 and 89-500, Laws of Florida,
25are codified, reenacted, amended, and repealed as herein
26provided.
27     Section 3.  The charter for the Technological Research and
28Development Authority is reenacted and re-created to read:
29     Section 1.  The Legislature finds it is in the public
30interest to provide for the creation of a Technological Research
31and Development Authority, which will promote scientific
32research and development in Brevard County and elsewhere. The
33establishment of Brevard County as a center for research and
34development will promote a diversification of the economic base
35of the county and state and serve public good.
36     Section 2.  There is hereby created and incorporated the
37Technological Research and Development Authority for the purpose
38of promoting scientific research and development and for the
39purpose of fostering higher education which relates to the
40promotion of scientific research and development or provides for
41the economic development of Brevard County and elsewhere as a
42center for high technology and scientific research and
43development.
44     Section 3.  (1)  The authority shall be governed by a
45commission of five persons who are residents of Brevard County.
46The Brevard County Legislative Delegation shall nominate three
47candidates for each commission vacancy and the Governor shall
48appoint a member of the commission from the nominees for the
49vacancy. Of the members first appointed, two shall serve for 2
50years and the remainder for 4 years and in each case until a
51successor is appointed and has qualified. Thereafter, the
52Governor shall appoint each member for 4 years unless a vacancy
53occurs during a member's term, which the Governor shall be
54authorized to fill for the remainder of the member's term. The
55Governor may remove any member for misfeasance, malfeasance, or
56willful neglect of duty. Each member of the authority before
57entering upon his or her duties shall take and subscribe the
58oath of affirmation required by the State Constitution.
59     (2)  The authority shall annually elect one of its members
60as chair and one as vice chair and may also appoint a secretary
61who shall serve at the pleasure of the authority. The authority
62may also appoint such other officers as it may deem necessary.
63     Section 4.  The commission shall have powers and duties as
64follows:
65     (1)  To plan and undertake a program of action which
66promotes scientific research and development and fosters higher
67education which relates to scientific research and development
68or provides for the economic development of Brevard County as a
69center for high technology and scientific research and
70development.
71     (2)  To contract with and support the programs of those
72accredited institutions of higher learning with research
73capability and whose main campuses are located within Brevard
74County and elsewhere and to contract with any other accredited
75institutions of higher learning with a research capability in
76furtherance of the objectives of the authority.
77     (3)  To enter into grants, bequests, contracts, and other
78agreements with units of government and private parties for the
79purpose of obtaining funds for projects and programs which
80further the objectives of the authority.
81     (4)  To establish an annual budget, amend the budget when
82necessary, and utilize all funds received by the authority only
83for projects, contracts, programs, and grants which further the
84objectives of the authority.
85     (5)  To adopt an official seal and alter the same at its
86pleasure.
87     (6)  To maintain an office at such a place or places in
88Brevard County as it may designate.
89     (7)  To sue and be sued in its own name.
90     (8)  To acquire by lease, purchase, or option real and
91personal property for any uses consistent with the purposes
92authorized by this act.
93     (9)  To finance or refinance and to secure the issuance and
94repayment of bonds, provided that all revenue bonds or other
95debt obligations shall be payable solely from the revenues
96derived from the sale, operation, or leasing of projects to the
97authority. Any bonds issued by the authority shall not be deemed
98to constitute a debt, liability, or obligation of any authority
99or county or of the state or political subdivision, and such
100revenue bond or debt obligations shall be paid solely from
101revenues derived from the sale, operation, or leasing of a
102project or projects.
103     (10)  To employ personnel, consultants, accountants,
104attorneys, engineers, and such other experts as may be necessary
105and convenient in the execution of the powers of the authority.
106     Section 5.  This act shall be liberally construed to
107effectuate its purposes.
108     Section 6.  If any provision of this act or the application
109thereof to any person or circumstance is held invalid, the
110invalidity shall not affect other provisions or applications of
111the act which can be given effect without the invalid provision
112or application, and to this end the provisions of this act are
113declared severable.
114     Section 4.  Chapters 87-497 and 89-500, Laws of Florida,
115are repealed.
116     Section 5.  This act shall take effect upon becoming a law.


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