Senate Bill sb2108
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Florida Senate - 2005 SB 2108
By Senator Argenziano
3-974-05
1 A bill to be entitled
2 An act relating to economic development;
3 providing legislative intent; creating s.
4 288.96, F.S.; establishing the Florida Vaccine
5 Research Institute in the College of Pharmacy
6 and Pharmaceutical Sciences at Florida
7 Agricultural and Mechanical University;
8 prescribing its purposes; providing for a board
9 of directors; providing for a chief executive
10 officer; providing for a council of scientific
11 advisors; providing for public-records access;
12 providing for audit; providing for program
13 evaluation; providing for liability; providing
14 an appropriation; providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. It is the intent of the Legislature to
19 improve economic opportunities available to the people of this
20 state by attracting new or expanding businesses and retaining
21 businesses in the state. Additionally, the Legislature
22 recognizes that the state spends millions of dollars each year
23 to attract talented students to Florida's universities and
24 community colleges and to educate them in such a way as to
25 create a substantial workforce targeted at high-skill
26 high-wage occupations. Economic development projects such as
27 the Florida Vaccine Research Institute established in this act
28 provide opportunities for graduates of Florida's universities
29 and community colleges to return benefit to Florida by working
30 in Florida rather than taking their considerable skills and
31 talents, obtained through Florida's higher education system
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Florida Senate - 2005 SB 2108
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1 and funding, to seek employment in other states. The State of
2 Florida invests millions of dollars each year in its systems
3 of higher education to attract, retain, and educate talented,
4 scientific and high-technology students and the programs that
5 provide those students superior educations. To realize a
6 return on that investment, Florida must have employment
7 opportunities through economic development and diversity, as
8 provided by the Florida Vaccine Research Institute established
9 in this act, where graduates of Florida universities and
10 colleges and like-minded students and scientists from other
11 states can optimally match skills. It is further the intent of
12 the Legislature to advance the essential government services
13 of improving the health of the people of this state by
14 promoting research and development for the prediction,
15 treatment, prevention, and cure of flu-related diseases. The
16 Florida Vaccine Research Institute will serve these essential
17 government services and help accelerate the development of
18 vaccines and biodefense research and development projects.
19 Section 2. Section 288.96, Florida Statutes, is
20 created to read:
21 288.96 Florida Vaccine Research Institute.--There is
22 established the Florida Vaccine Research institute in the
23 College of Pharmacy and Pharmaceutical Sciences at Florida
24 Agricultural and Mechanical University. The institute is
25 established for the purposes of enhancing education and
26 research, promoting economic development and economic
27 diversity, exploring novel approaches to vaccine development,
28 exploring the use of plant and animal cell culture microbes,
29 and developing cleaner and faster approaches to production of
30 biodefense mechanisms, flu vaccine, other vaccines, and
31 related products. The institute shall advance economic
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Florida Senate - 2005 SB 2108
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1 development and economic diversity as it expands the level and
2 prominence of biomedical research conducted in this state. The
3 institute shall provide an inducement for high-technology
4 businesses and employees to locate or remain in this state,
5 create educational opportunities through access to and
6 partnerships with businesses, and promote improved health care
7 through the scientific outcomes of the institution.
8 (1) The Florida Board of Governors shall enter into an
9 agreement with a Florida not-for-profit corporation organized
10 solely for the purpose of governing and operating the Florida
11 Vaccine Research Institute. The agreement shall provide for
12 the Florida Vaccine Research Institute to use on-campus or
13 off-campus facilities in the Florida Agricultural and
14 Mechanical University College of Pharmacy and Pharmaceutical
15 Sciences, and shall provide for all furnishings, equipment,
16 and other chattels to be used in the operation of those
17 facilities. The not-for-profit corporation, acting as an
18 instrumentality of the State of Florida, shall govern and
19 operate the Florida Vaccine Research Institute in accordance
20 with the terms of the agreement between the Florida Board of
21 Governors and the not-for-profit corporation. The
22 not-for-profit corporations may, with the prior approval of
23 the Florida Board of Governors, create either for-profit or
24 not-for-profit corporate subsidiaries, or both, to fulfill its
25 mission. The not-for-profit corporation and its subsidiaries
26 are authorized to receive, hold, invest, and administer
27 property and any moneys received from private, local, state,
28 and federal sources, as well as technical and professional
29 income generated or derived from economic activities of the
30 institute, for the benefit of the institute and the
31 fulfillment of its mission. The affairs of the corporation
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Florida Senate - 2005 SB 2108
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1 shall be managed by a board of directors, who shall serve
2 without compensation. The President of Florida Agricultural
3 and Mechanical University and the chairs of the Florida
4 Agricultural and Mechanical University Board of Trustees and
5 the Florida Board of Governors, or their designees, shall be
6 directors of the not-for-profit corporation. The Director of
7 the Office of Tourism, Trade, and Economic Development shall
8 serve as an ex-officio member. The President of the Florida
9 Agriculture and Mechanical University Faculty Senate, the Dean
10 of the College of Pharmacy and Pharmaceutical Sciences and no
11 more than 10 nor fewer than 5 directors who are not state
12 employees and who are elected by a majority of those then
13 serving on the board shall also serve on the board. Each
14 director shall have one vote, shall serve a term of 3 years,
15 and may serve multiple terms on the board. The chair of the
16 board of directors shall be selected by majority vote of the
17 directors.
18 (2) The Florida Board of Governors shall provide in
19 the agreement with the not-for-profit corporation for the
20 following;
21 (a) Approval of the articles of incorporation of the
22 not-for-profit corporation by the Florida Board of Governors.
23 (b) Approval of the articles of incorporation of any
24 not-for-profit corporate subsidiary created by the
25 not-for-profit corporation.
26 (c) Utilization of lands, facilities, and personnel by
27 the not-for-profit corporation and its subsidiaries for
28 research, education, vaccine, other drug development, and for
29 mutually approved teaching and research programs conducted by
30 Florida Agricultural and Mechanical University or other
31 accredited schools or research institutes.
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1 (d) Preparation of an annual financial audit of the
2 not-for-profit corporation's accounts and records and the
3 accounts and records of any subsidiaries to be conducted by an
4 independent certified public accountant. The annual audit
5 report shall include a management letter, as defined in s.
6 11.45, and shall be submitted to the Auditor General and the
7 Florida Board of Governors. The Florida Board of Governors,
8 the Auditor General, and the Office of Program Policy Analysis
9 and Government Accountability shall have the authority to
10 require and receive from the not-for-profit corporation and
11 any subsidiaries or from their independent auditor any detail
12 or supplemental data relative to the operation of the
13 not-for-profit corporation or subsidiary.
14 (e) Submission of a business plan by the
15 not-for-profit corporation is a form and manner prescribed by
16 the Board of Directors.
17 (f) Provision by the not-for-profit corporation and
18 its subsidiaries of equal employment opportunities to all
19 persons regardless of race, color, religion, gender, age, or
20 national origin.
21 (3) The Florida Board of Governors may secure
22 comprehensive general liability protection, including
23 professional liability protection, for the not-for-profit
24 corporation and its subsidiaries pursuant to s. 1004.24. The
25 not-for-profit corporation and its subsidiaries are exempt
26 from any participation in any property insurance trust fund
27 established by law, including any property insurance trust
28 fund established pursuant to chapter 284, so long as the
29 not-for-profit corporation and its subsidiaries maintain
30 property insurance protection with comparable or greater
31 coverage limits.
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1 (4) If the agreement between the not-for-profit
2 corporation and the Florida Board of Governors is terminated
3 for any reason, Florida Agricultural and Mechanical University
4 shall provide for dissolution.
5 (5) The institute shall be administered by a chief
6 executive officer, who shall serve at the pleasure of the
7 board of directors of the not-for-profit corporation and who
8 shall have the following powers and duties, subject to the
9 approval of the board of directors:
10 (a) The chief executive officer shall establish
11 programs that fulfill the mission of the institute in research
12 and education; however, the chief executive officer may not,
13 without prior approval of the Florida Board of Governors,
14 establish academic programs for which academic credit is
15 awarded or which terminate in the conferring of a degree.
16 (b) The chief executive officer shall have control
17 over the budget and the dollars appropriated or donated to the
18 institute from private, local, state, and federal sources, as
19 well as technical and professional income generated or derived
20 from practice activities of the institute.
21 (c) The chief executive officer shall appoint members
22 to carry out the production, research, patient care, and
23 educational activities of the institute and determine
24 compensation, benefits, and terms of service. Members of the
25 institute shall be eligible to hold concurrent appointments at
26 affiliated academic institutions. University faculty are
27 eligible to hold concurrent appointments at the institute.
28 (d) The chief executive officer shall have control
29 over the use and assignment of space and equipment within the
30 facilities.
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1 (e) The chief executive officer shall have the power
2 to create the administrative structure necessary to carry out
3 the mission of the institute.
4 (f) The chief executive officer shall have a reporting
5 relationship to the President of Florida Agricultural and
6 Mechanical University.
7 (g) The chief executive officer shall provide a copy
8 of the institute's annual report to the Governor and Cabinet,
9 the President of the Senate, and the Speaker of the House of
10 Representatives.
11 (6) The board of directors of the not-for-profit
12 corporation shall create a council of scientific advisors to
13 the chief executive officer consisting of leading researchers,
14 physicians, and scientists. This council shall review programs
15 and recommend research priorities and initiatives so as to
16 maximize the state's investment in the institute. The council
17 shall be appointed by the board of directors of the
18 not-for-profit corporation. Each member of the council shall
19 be appointed to serve a 2-year term and may be reappointed,
20 except initially seven members shall be appointed for a 1-year
21 term.
22 (7) In carrying out the provisions of this section,
23 the not-for-profit corporation and its subsidiaries are not
24 "agencies" within the meaning of s. 20.03(11).
25 (8) Records of the not-for-profit corporation and of
26 its subsidiaries are public records unless made confidential
27 or exempt by law.
28 (9) Before January 1, 2008, the Office of Program
29 Policy Analysis and Government Accountability shall conduct a
30 performance audit of the Florida Board of Governors and the
31 Florida Vaccine Research Institute relating to provisions of
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Florida Senate - 2005 SB 2108
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1 this section. The audit shall assess the implementation and
2 outcomes of activities under this section. At a minimum, the
3 audit shall address:
4 1. Performance of the Florida Board of Governors in
5 disbursing funds appropriated under this section.
6 2. Performance of the institute in managing the
7 not-for-profit corporation.
8 3. Compliance by the institute with the provisions of
9 this section and provisions of the agreement.
10 4. Economic activity generated through funds disbursed
11 under the agreement.
12 (10)(a) The appropriation or disbursement of funds
13 under this section does not constitute debt, liability, or
14 obligation of the State of Florida, any political subdivision
15 thereof, or a pledge of the faith and credit of the state or
16 of any such political subdivision.
17 (b) The appropriation or disbursement of funds under
18 this section does not subject the State of Florida, or any
19 political subdivision thereof, to liability related to the
20 manufacturing, research activities, and research products of
21 the institute.
22 (11) State appropriations to the institute shall be
23 paid directly to the not-for-profit corporation by warrant
24 drawn by the Chief Financial Officer from the State Treasury.
25 Section 3. The sum of $____ is appropriated from the
26 General Revenue Fund to the Florida Vaccine Research Institute
27 in the College of Pharmacy and Pharmaceutical Sciences at
28 Florida Agricultural and Mechanical University to carry out
29 the provisions of this act during the 2005-2006 fiscal year.
30 Section 4. This act shall take effect upon becoming a
31 law.
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Florida Senate - 2005 SB 2108
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2 SENATE SUMMARY
3 Establishes the Florida Vaccine Research Institute in the
College of Pharmacy and Pharmaceutical Sciences at
4 Florida Agricultural and Mechanical University. Provides
an appropriation.
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