| 1 | A bill to be entitled |
| 2 | An act relating to the Florida Biotechnology Investment |
| 3 | Matching Grant Program; creating s. 288.9553, F.S.; |
| 4 | providing legislative findings and intent; creating the |
| 5 | program; designating an existing committee, or |
| 6 | subcommittee thereof, within Enterprise Florida, Inc., for |
| 7 | certain purposes; providing for committee members to serve |
| 8 | without compensation; providing a deadline for processing |
| 9 | applications; requiring reports to the Governor and |
| 10 | Legislature; providing eligibility guidelines for |
| 11 | applicants; providing for a program administrator; |
| 12 | providing responsibilities of the program administrator; |
| 13 | providing for program administrative costs; designating a |
| 14 | fiduciary entity; specifying eligibility requirements; |
| 15 | providing for awards; requiring the Office of Program |
| 16 | Policy Analysis and Government Accountability to conduct a |
| 17 | review of the matching grant program; requiring the office |
| 18 | to submit a report of its findings and recommendations to |
| 19 | the Governor and the Legislature; providing |
| 20 | appropriations; providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Section 288.9553, Florida Statutes, is created |
| 25 | to read: |
| 26 | 288.9553 Florida Biotechnology Investment Matching Grant |
| 27 | Program.- |
| 28 | (1) CREATION; PURPOSE; GOALS AND OBJECTIVES.- |
| 29 | (a) The Florida Biotechnology Investment Matching Grant |
| 30 | Program is created for the purpose of accomplishing the goals |
| 31 | and objectives specified in this section. |
| 32 | (b) The purpose of the Florida Biotechnology Investment |
| 33 | Matching Grant Program is to increase the amount of federal |
| 34 | funding coming to this state which will produce the kind of |
| 35 | distinctive biotechnologies that drive today's knowledge-based |
| 36 | economy. By leveraging federal, state, and private-sector |
| 37 | resources, the program intends to accelerate the innovation |
| 38 | process and more efficiently transform research results into |
| 39 | products in the marketplace. |
| 40 | (c) The program is specifically intended to be a catalyst |
| 41 | for small or startup biotechnology companies that can take |
| 42 | advantage of federal and state partnerships in order to |
| 43 | accelerate their growth and market penetration by helping to |
| 44 | overcome the funding gap faced by many small companies that are |
| 45 | based in this state. Specific goals and objectives of the |
| 46 | program include: |
| 47 | 1. Increasing the amount of federal research moneys |
| 48 | received by small biotechnology businesses in this state through |
| 49 | awards from the Small Business Innovation Research Program and |
| 50 | the Small Business Technology Transfer Program of the Office of |
| 51 | Technology of the United States Small Business Administration. |
| 52 | 2. Accelerating the entry of new biotechnology-based |
| 53 | products into the marketplace. |
| 54 | 3. Producing additional biotechnology-based jobs for the |
| 55 | state. |
| 56 | 4. Providing leveraged resources to increase the |
| 57 | effectiveness and success of applicants' projects. |
| 58 | 5. Speeding commercialization of promising |
| 59 | biotechnologies. |
| 60 | 6. Encouraging the establishment and growth of high- |
| 61 | quality, advanced biotechnology firms in the state. |
| 62 | 7. Accelerating the rate of investment and enhancing the |
| 63 | state's investment infrastructure. |
| 64 | (2) ADMINISTRATION.-Enterprise Florida's Technology, |
| 65 | Entrepreneurship, and Capital Committee, or a subcommittee of |
| 66 | that committee having no fewer than seven members, shall develop |
| 67 | program policies, ensure statewide applicability of the program, |
| 68 | establish criteria for grant awards, approve grant awards, and |
| 69 | review program progress and results. |
| 70 | (a) Members of the committee shall serve without |
| 71 | compensation. |
| 72 | (b) Enterprise Florida, Inc., shall provide staff support |
| 73 | for the committee. |
| 74 | (c) Applications for matching grant awards must be |
| 75 | reviewed and approved or denied within 45 days after receipt of |
| 76 | the application. |
| 77 | (d) Beginning December 1, 2010, and annually thereafter, |
| 78 | the committee shall transmit an annual report to the Governor, |
| 79 | the President of the Senate, and the Speaker of the House of |
| 80 | Representatives for the previous fiscal year. |
| 81 | (3) ELIGIBILITY GUIDELINES.-A qualified applicant shall: |
| 82 | (a) Be a biotechnology business entity that is registered |
| 83 | with the Secretary of State to operate in this state. The |
| 84 | qualified applicant must also have its primary office and a |
| 85 | majority of its employees domiciled in this state, and the |
| 86 | principal research activities must be conducted in this state. |
| 87 | (b) Be a small company for which a state matching grant is |
| 88 | necessary for project development and implementation. |
| 89 | (c) Have received a Phase I award under the federal Small |
| 90 | Business Innovation Research Program or Small Business |
| 91 | Technology Transfer Program. |
| 92 | (d) Use federal, local, and private resources to the |
| 93 | maximum extent possible. Total project funding shall demonstrate |
| 94 | that not more than 50 percent of the project's total funding is |
| 95 | provided by the state grant. |
| 96 | (e) Conduct the project funded by the matching grant |
| 97 | program in this state. |
| 98 | (4) PROGRAM ADMINISTRATOR.-Subject to appropriations, |
| 99 | Enterprise Florida, Inc., shall serve as program administrator. |
| 100 | Enterprise Florida, Inc., may contract for the performance of |
| 101 | biotechnology review and related functions with a third party. |
| 102 | Not more than 10 percent of a legislative appropriation may be |
| 103 | used for administrative purposes. The responsibilities of the |
| 104 | program administrator include, but are not limited to: |
| 105 | (a) Coordinating and supporting the grant review, |
| 106 | approval, and contracting activities. |
| 107 | (b) Administering the grant-selection process, including, |
| 108 | but not limited to, issuing open-call requests for grant |
| 109 | applications and receiving, reviewing, and processing grant |
| 110 | applications. |
| 111 | (c) Serving as grant contract manager for recipients of a |
| 112 | matching grant. |
| 113 | (d) Reporting program progress and results. |
| 114 | (e) Establishing a mechanism by which information |
| 115 | regarding grant projects may be made available to facilitate |
| 116 | additional investment by individual investors, investment for |
| 117 | early start-up costs, or venture capital investment. |
| 118 | (5) FIDUCIARY.- |
| 119 | (a) Enterprise Florida, Inc., shall award money to a |
| 120 | qualified applicant if: |
| 121 | 1. The committee approves the award. |
| 122 | 2. The qualified applicant demonstrates that it has |
| 123 | obtained a Phase I award under the federal Small Business |
| 124 | Innovation Research Program or Small Business Technology |
| 125 | Transfer Program. |
| 126 | 3. The qualified applicant executes a performance contract |
| 127 | with Enterprise Florida, Inc. |
| 128 | (b) Enterprise Florida, Inc., shall release funds to a |
| 129 | qualified applicant upon completion of all contract |
| 130 | requirements. |
| 131 | (6) AWARDS.-The matching grant program may make one-time |
| 132 | awards of up to $100,000 per project to a qualified applicant. |
| 133 | Section 2. Before the 2013 Regular Session of the |
| 134 | Legislature, the Office of Program Policy Analysis and |
| 135 | Government Accountability shall conduct a review and evaluation |
| 136 | of the effectiveness and viability of the Florida Biotechnology |
| 137 | Investment Matching Grant Program. The office shall specifically |
| 138 | evaluate the use of federal grants and private investment and |
| 139 | the creation of new biotechnology businesses and jobs. The |
| 140 | office shall also recommend outcome measures for further |
| 141 | evaluation of the program. The office shall submit a report of |
| 142 | its findings and recommendations to the Governor, the President |
| 143 | of the Senate, and the Speaker of the House of Representatives |
| 144 | by January 1, 2013. |
| 145 | Section 3. The recurring sum of $4 million is appropriated |
| 146 | from the General Revenue Fund to Enterprise Florida, Inc., for |
| 147 | the 2010-2011, 2011-2012, and 2012-2013 fiscal years for the |
| 148 | purpose of implementing s. 288.9553, Florida Statutes. |
| 149 | Section 4. This act shall take effect July 1, 2010. |