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. |