| 1 | The Local Government Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the Technological Research and |
| 7 | Development Authority, Brevard County; codifying, |
| 8 | amending, reenacting, and repealing special acts relating |
| 9 | to the district; providing purposes of the authority; |
| 10 | setting a commission to govern the authority; prescribing |
| 11 | the duties and responsibilities of the commission and |
| 12 | terms of office; providing a procedure for the appointment |
| 13 | of the commission; providing for liberal construction; |
| 14 | providing severability; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Pursuant to section 189.429, Florida Statutes, |
| 19 | this act constitutes the codification of all special acts |
| 20 | relating to the Technological Research and Development |
| 21 | Authority, Brevard County. It is the intent of the Legislature |
| 22 | in enacting this law to provide a single, comprehensive special |
| 23 | act charter for the authority, including all current legislative |
| 24 | authority granted to the district by its several legislative |
| 25 | enactments and any additional authority granted by this act. It |
| 26 | is further the intent of this act to preserve all district |
| 27 | authority. |
| 28 | Section 2. Chapters 87-455, 89-500, and 94-423, Laws of |
| 29 | Florida, are codified, reenacted, amended, and repealed as |
| 30 | herein provided. |
| 31 | Section 3. The charter for the Technological Research and |
| 32 | Development Authority is reenacted and re-created to read: |
| 33 | Section 1. The Legislature finds it is in the public |
| 34 | interest to provide for the creation of a Technological Research |
| 35 | and Development Authority, which will promote scientific |
| 36 | research and development in Brevard County. The establishment of |
| 37 | Brevard County as a center for research and development will |
| 38 | promote a diversification of the economic base of the county and |
| 39 | state and serve public good. |
| 40 | Section 2. There is hereby created and incorporated the |
| 41 | Technological Research and Development Authority for the purpose |
| 42 | of promoting scientific research and development and for the |
| 43 | purpose of fostering higher education which relates to the |
| 44 | promotion of scientific research and development or provides for |
| 45 | the economic development of Brevard County as a center for high |
| 46 | technology and scientific research and development. |
| 47 | Section 3. (1) The authority shall be governed by a |
| 48 | commission of five persons who are residents of Brevard County. |
| 49 | The Brevard County Legislative Delegation shall nominate three |
| 50 | candidates for each commission vacancy and the Governor shall |
| 51 | appoint a member of the commission from the nominees for the |
| 52 | vacancy. Of the members first appointed, two shall serve for 2 |
| 53 | years and the remainder for 4 years and in each case until a |
| 54 | successor is appointed and has qualified. Thereafter, the |
| 55 | Governor shall appoint each member for 4 years unless a vacancy |
| 56 | occurs during a member's term, which the Governor shall be |
| 57 | authorized to fill for the remainder of the member's term. The |
| 58 | Governor may remove any member for misfeasance, malfeasance, or |
| 59 | willful neglect of duty. Each member of the authority before |
| 60 | entering upon his or her duties shall take and subscribe the |
| 61 | oath of affirmation required by the State Constitution. |
| 62 | (2) The authority shall annually elect one of its members |
| 63 | as chair and one as vice chair and may also appoint a secretary |
| 64 | who shall serve at the pleasure of the authority. The authority |
| 65 | may also appoint such other officers as it may deem necessary. |
| 66 | Section 4. The commission shall have powers and duties as |
| 67 | follows: |
| 68 | (1) To plan and undertake a program of action which |
| 69 | promotes scientific research and development and fosters higher |
| 70 | education which relates to scientific research and development |
| 71 | or provides for the economic development of Brevard County as a |
| 72 | center for high technology and scientific research and |
| 73 | development. |
| 74 | (2) To contract with and support the programs of those |
| 75 | accredited institutions of higher learning with research |
| 76 | capability and whose main campuses are located within Brevard |
| 77 | County and to contract with any other accredited institutions of |
| 78 | higher learning with a research capability in furtherance of the |
| 79 | objectives of the authority. |
| 80 | (3) To enter into grants, bequests, contracts, and other |
| 81 | agreements with units of government and private parties for the |
| 82 | purpose of obtaining funds for projects and programs which |
| 83 | further the objectives of the authority. |
| 84 | (4) To establish an annual budget, amend the budget when |
| 85 | necessary, and utilize all funds received by the authority only |
| 86 | for projects, contracts, programs, and grants which further the |
| 87 | objectives of the authority. |
| 88 | (5) To adopt an official seal and alter the same at its |
| 89 | pleasure. |
| 90 | (6) To maintain an office at such a place or places in |
| 91 | Brevard County as it may designate. |
| 92 | (7) To sue and be sued in its own name. |
| 93 | (8) To acquire by lease, purchase, or option real and |
| 94 | personal property for any uses consistent with the purposes |
| 95 | authorized by this act. |
| 96 | (9) To finance or refinance and to secure the issuance and |
| 97 | repayment of bonds, provided that all revenue bonds or other |
| 98 | debt obligations shall be payable solely from the revenues |
| 99 | derived from the sale, operation, or leasing of projects to the |
| 100 | authority. Any bonds issued by the authority shall not be deemed |
| 101 | to constitute a debt, liability, or obligation of any authority |
| 102 | or county or of the state or political subdivision, and such |
| 103 | revenue bond or debt obligations shall be paid solely from |
| 104 | revenues derived from the sale, operation, or leasing of a |
| 105 | project or projects. |
| 106 | (10) To employ personnel, consultants, accountants, |
| 107 | attorneys, engineers, and such other experts as may be necessary |
| 108 | and convenient in the execution of the powers of the authority. |
| 109 | Section 5. This act shall be liberally construed to |
| 110 | effectuate its purposes. |
| 111 | Section 6. If any provision of this act or the application |
| 112 | thereof to any person or circumstance is held invalid, the |
| 113 | invalidity shall not affect other provisions or applications of |
| 114 | the act which can be given effect without the invalid provision |
| 115 | or application, and to this end the provisions of this act are |
| 116 | declared severable. |
| 117 | Section 4. Chapters 87-455, 89-500, and 94-423, Laws of |
| 118 | Florida, are repealed. |
| 119 | Section 5. This act shall take effect upon becoming a law. |