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25 | Florida, are codified, reenacted, amended, and repealed as |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