CS/HB 149

1
A bill to be entitled
2An act relating to the Florida Institute on Phosphate
3Research and Industrial Activities; renumbering and
4amending s. 378.101, F.S.; establishing the Florida
5Institute on Phosphate Research and Industrial Activities
6within the University of South Florida Polytechnic;
7creating the Phosphate Research Activities Board;
8providing for board duties, membership, and terms;
9providing for the administration of the institute;
10requiring the institute to conduct and contract for
11specified studies and to provide public access to certain
12information; authorizing the institute to conduct
13phosphate-related activities, secure funding, and enter
14into agreements with public, private, foreign, and
15domestic entities; amending s. 211.31, F.S.; conforming a
16cross-reference; providing for a type two transfer of the
17Florida Institute of Phosphate Research to the University
18of South Florida Polytechnic; repealing  s. 378.102, F.S.,
19relating to the Florida Institute of Phosphate Research,
20to conform to changes made by the act; providing an
21effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Section 378.101, Florida Statutes, is
26renumbered as section 1004.346, Florida Statutes, and amended to
27read:
28(Substantial rewording of section. See
29s. 378.101, F.S., for present text.)
30     1004.346  Florida Institute on Phosphate Research and
31Industrial Activities.-
32     (1)  INSTITUTE CREATION.-The Florida Institute on Phosphate
33Research and Industrial Activities is established within the
34University of South Florida Polytechnic.
35     (2)  PHOSPHATE RESEARCH ACTIVITIES BOARD.-The Phosphate
36Research Activities Board shall ensure that funds appropriated
37to the university from the Phosphate Research Trust Fund are
38expended exclusively for the purpose of carrying out the
39phosphate-related activities specified in this section.
40     (a)  The board shall consist of seven members. The Governor
41shall appoint two persons representing the phosphate mining or
42processing industry and one member representing a major
43environmental conservation group in the state. The Board of
44Trustees of the University of South Florida Polytechnic shall
45appoint four persons with experience in research administration,
46finance, or commercialization activities.
47     (b)  Members of the board shall be appointed for terms up
48to 3-years and shall serve at the pleasure of the entity that
49appoints them. A board member may continue to serve until a
50successor is appointed, but not more than 180 days beyond the
51expiration of his or her term. A board member is eligible for
52reappointment to subsequent terms.
53     (c)  Board members shall annually elect a chair from among
54their membership.
55     (d)  Board members shall serve without compensation but are
56entitled to reimbursement for per diem and travel expenses as
57provided in s. 112.061.
58     (3)  INSTITUTE EXECUTIVE DIRECTOR.-An executive director,
59who shall be designated by and serve at the pleasure of the
60Campus Executive Officer of the University of South Florida
61Polytechnic or his or her designee, shall be responsible for the
62daily administration of the institute, including the expenditure
63of funds from all sources.
64     (4)  INSTITUTE DUTIES AND AUTHORIZED ACTIVITIES.-
65     (a)  The institute shall:
66     1.  Conduct or contract for studies on the environmental
67and health effects of phosphate mining and reclamation.
68     2.  Conduct or contract for studies of reclamation
69alternatives and technologies in phosphate mining and processing
70and wetlands reclamation.
71     3.  Conduct or contract for a comprehensive study of
72phosphatic clay and phosphogypsum disposal and utilization as a
73part of phosphate mining and processing.
74     4.  Provide the public with access to the results of its
75activities and maintain a public library related to the
76institute's activities, which may contain special collections.
77     (b)  The institute may:
78     1.  Research and develop methods for better and more
79efficient practices for commercial and industrial activities,
80including, but not limited to, mitigating the health and
81environmental effects of such activities as well as developing
82and evaluating reclamation alternatives and technologies.
83     2.  Secure funding from grants and other available sources
84for carrying out the activities authorized or required under
85this section.
86     3.  Enter into contracts with any firm, institution,
87corporation, or federal, state, local, or foreign governmental
88agency to carry out the activities authorized or required under
89this section.
90     4.  Promote the application and commercialization of the
91institute's technologies, knowledge, and intellectual property
92in accordance with university policies and procedures.
93     5.  Educate the public about the science related to topics
94and issues that are within the institute's scope of expertise.
95     6.  Hold public hearings.
96     7.  Establish public-private partnerships.
97     8.  Provide consulting services.
98     Section 2.  Subsection (4) of section 211.31, Florida
99Statutes, is amended to read:
100     211.31  Levy of tax on severance of certain solid minerals;
101rate, basis, and distribution of tax.-
102     (4)  The expenses of administering this part and ss.
103378.021, 378.031, and 1004.346 378.101 shall be borne by the
104Land Reclamation Trust Fund, the Nonmandatory Land Reclamation
105Trust Fund, and the Phosphate Research Trust Fund.
106     Section 3.  All powers, duties, functions, records,
107personnel, property, and unexpended balances of appropriations,
108allocations, and other funds of the Florida Institute of
109Phosphate Research are transferred by a type two transfer
110pursuant to section 20.06(2), Florida Statutes, to the Florida
111Institute on Phosphate Research and Industrial Activities within
112the University of South Florida Polytechnic.
113     Section 4.  Section 378.102, Florida Statutes, is repealed.
114     Section 5.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.